throbber
FOX » ROTHSCHILDM
`ATTORNEYS AT LAW
`
`TTAB
`
`EAGLEVIEW CORPORATE CENTER o 760 CONSTITUTION DRIVE o SUITE 104 o P.O.Box 673 o EXTON, PA 19341-0673
`610.458.7500 o FAX 610.458.7337 o www.foxrothschiid.com
`
`Beth L. Throne
`Direct Dial: (610)458-4971
`Email Address: bthrone@foxrothschild.com
`
`May 8, 2006
`
`VIA FEDERAL EXPRESS — OVERNIGHT DELIVERY
`
`Trademark Assistance Center
`
`U.S. Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`James Madison Building — East Wing, Concourse Level, Room C55
`600 Dulany Street
`Alexandria, VA 22314
`
`Re:
`
`In Re: Opposition No. 91165787
`Mark: YOLO - You Only Live Once
`
`Serial 76/573605
`Filed: 1/30/04
`
`Dear Sir/Madam:
`
`Pursuant to 37 C.F.R. Section 2.123(1), enclosed for filing is the original deposition
`transcript of Karen Forster, including supporting documents, in connection with the above —
`referenced matter.
`
`If you have any questions regarding the enclosed or need further information to file the
`enclosed, please do not hesitate to call.
`
`Very truly yours,
`
`Beth L. Throne
`
`BLT/ajd
`Enclosures
`
`cc:
`
`Karen E. Forster
`Cory M. Baker
`(without enclosures)
`
`I|||||l|||||Illll|||||l|||||||ll|||||||ll|||||l|||
`
`05.09-2006
`U.S. Patent & TMOfcITM Mail Ftcpt Dt. #31
`
`EX1 l24924vl 05/08/06
`
`PENNSYLVANIA o NEWJERSEY o DELAWARE o NEWYORK o FLORIDA
`
`

`
`FOX 0 ROTHSCHILD...
`ATTORNEYS AT LAW
`
`EAGLEVIEW CORPORATE CENTER o 760 CONSTITUTION DRIVE o Su_1rE104 o P.O.BoX 673 o ExToN, PA 19341-0673
`610.458.7500 0
`FAX 610.458.7337 ¢_ www.foxrothschild.com
`
`<E©®
`
`March 28, 2006
`
`Beth L. Throne
`
`Direct Dial: (610) 458-4971
`Internet Address: bthrone@foxrothschild.com
`
`via Federal Express and E-mail
`
`Cory M. Baker, Esquire
`Tucker & Latifi, LLP
`160 East 84th Street, Suite 5-E
`New York, NY 10028
`
`Re:
`
`YOLO Sportswear, LLC v. Matthew Grossman
`
`Dear Mr. Baker:
`
`Pursuant to the enclosed Notice of Deposition, we will be taking the oral deposition of
`Karen E. Forster, Vice President and Secretary of YOLO Sportswear, LLC, on Thursday, April
`6, 2006, beginning at 10:00 AM in our Bucks County office which is located at Stone Manor
`Corporate Center, 2700 Kelly Road, Suite 300, Warrington, PA. You are invited to attend.
`
`If you have any questions or would like to discuss this further, please do not hesitate to
`contact me.
`
`Very truly yours,
`
`r:J~<: i« 3 A
`
`Beth L. Throne
`
`BLT:mld
`
`Enclosure
`
`cc:
`
`Karen E. Forster
`
`Mark McCreary, Esquire
`Gerald P. Norton, Esquire
`William B. Cooper, III, Esquire
`Craig A. Styer, Esquire
`(with enclosure)
`
`EXl l21983vl 03/28/06
`
`PENNSYLVANIA o NEV/JERSEY v DELAWARE
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`YOLO SPORTSWEAR
`Opposer,
`
`v.
`
`MATTHEW GROSSMAN
`Applicant.
`
`:
`'
`
`:
`:
`
`Opp. No.:
`
`91165787
`
`Serial No.:
`
`76/573605
`
`Mark:
`
`YOLO — You Only
`Live Once
`
`January 30, 2004
`Filed:
`Published: March 15, 2005
`
`NOTICE OF ORAL DEPOSITION
`
`TO:
`
`Cory M. Baker, Esquire
`Tucker & Latifi, LLP
`160 East 84”‘ Street
`
`New York, NY 10028
`Attorneys for Applicant, Matthew Grossman
`
`PLEASE TAKE NOTICE that, pursuant to 37 CFR Sections 2.123 and 2.119, notice is
`
`hereby given that Opposer, YOLO Sportswear, LLC, by and through its counsel, Fox Rothschild
`
`LLP, will take the oral deposition of Karen E. Forster, Vice President and Secretary of YOLO
`
`Sportswear, LLC, on Thursday, April 6, 2006, beginning at 10:00 AM at the law offices of Fox
`
`Rothschild LLP, Stone Manor Corporate Center, 2700 Kelly Road, Suite 300, Warrington, PA
`
`18976 and continuing from day to day until completed.
`
`This deposition will be taken upon oral examination pursuant to 37 CFR Section 2123
`
`EX] 121981Vl O3/28/06
`
`

`
`and the Federal Rules of Civil Procedure before a notary public or some other officer authorized
`
`by law to administer oaths. The deposition may be videotaped.
`
`FOX ROTHSCHILD LLP
`
`./\(,l._ p.’
`
`BY:
`
`Mark G. McCreary, Esquire
`Beth L. Throne, Esquire
`
`Attorneys for Opposer,
`YOLO Sportswear, LLC
`
`Date: March _, 2006
`
`cc:
`
`Bucks County Court Reporters
`
`EXI 12l98lv1 O3/28/06
`
`

`
`FROM :CDL REPORTING
`
`FRX NU.
`
`:2155797B75
`
`Mag. 38 2866 81:48PM
`
`P1
`
`-6
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`YOLO SPORTSWEAR,
`Opposer
`-
`
`SERIAL NO.
`
`: OPP. NO: 91165787
`
`76/573605
`
`vs '
`
`'
`
`MATTHEW GROSSMAN,
`.
`App11cant
`
`YOLO — You 0n1y
`Live once
`
`: MARK:
`.
`:
`: FILED 1/30/04
`'
`
`CERTIFICATION
`
`I, Cindy D. Liffman, hereby certify as Fo11ows:
`
`1.
`
`The deposition of Karen Forster was taken in
`
`my presence on Apri1 6, 2006, at the Law Offices of Fox
`
`Rothschi1d, 2700 Ke11y Road, Suite 300, warrington,
`
`Pennsy1vania, commencing at 10:10 a.m.
`
`2. Ms. Forster's deposition was taken by
`
`counse1 for opposer, YOLO Sportswear, Beth T. Throne,
`
`Esquire, of Fox Rothschi1d, LLP.
`
`3. Counse1 for App1icant, Matthew Grossman, was
`
`not present at the deposition.
`
`4. Ms. Forster was duly sworn before the
`
`commencement of her deposition.
`
`5.
`
`I was not disqua1ified as defined by Ru1e 28
`
`of the Federa1 Ru1es of Civi1 Procedure.
`
`£fi2¢»a57'ad“/é;i3wup\_,
`
`CINDY D. LIFFMAN
`
`Date: May, 8, 2006
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN RE: OPPOSITION NO. 91165787
`SERIAL 76/573605
`MARK:
`YOLO - YOU ONLY LIVE ONCE
`FILED 1/30/04
`
`Deposition of KAREN FORSTER,
`
`taken by and
`
`before Cindy D. Liffman, Court Reporter and Notary
`
`Pub1ic, he1d at THE LAW OFFICES OF FOX ROTHSCHILD, 2700
`
`Ke11y Road, Suite 300 warrington, Pennsy1vania, 18976,
`
`on Apri1 6, 2006, commencing at 10:10 a.m.
`
`APPEARANCES:
`
`FOX ROTHSCHILD
`
`BETH L. THRONE, ESQUIRE
`BY:
`Eag1eview Corporate Center
`760 Constitution Drive
`Suite 104
`P.0. Box 673
`Exton, Pennsy1vania 19341-0673
`Representing P1aintiff
`
`BUCKS COUNTY COURT REPORTERS,
`100 EAST COURT STREET
`DOYLESTOWN, PENNSYLVANIA 18901
`Phone:
`(215) 348-1173
`
`INC.
`
`

`
`WITNESS:
`
`KAREN FORSTER
`
`By Ms. Thorne
`
`I N D E X
`
`E_Afi
`
`3
`
`E X H I B I T S
`
`NUMBER
`
`DESCRIPTION
`
`PAjGE
`
`Forster 1
`
`Cataiog
`
`Logo
`
`Screen
`
`0n—1ine store
`
`Mark
`
`Response to Office Action
`
`E—Ma1'1
`
`Fax
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`kOO0\lO\U'!J>-UU|\-‘|—‘
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`"
`
`”
`
`"
`
`"
`
`"
`
`"
`
`"
`
`"
`
`”
`
`14
`
`16
`
`19
`
`23
`
`29
`
`29
`
`34
`
`36
`
`38
`
`46
`
`49
`
`51
`
`53
`
`56
`
`63
`
`65
`
`66
`
`66
`
`9-15
`
`E—Mai1s
`
`16
`
`17
`
`18
`
`19
`
`Trademark
`
`”
`
`Notice of Opposition
`
`Web Site
`
`20
`
`Letter 3/16/04
`
`21 and 22 Notice of Defau1ts
`
`23
`
`24
`
`25
`
`Trademark License Agreement
`
`Trademark
`
`Notice of opposition
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`
`21
`
`22
`
`23
`
`24
`
`25
`
`KAREN FORSTER, having been du1y
`
`sworn, was examined and testified as fo11ows:
`
`BY MS . THRONE:
`
`Q.
`
`A.
`
`Q.
`
`Good morning.
`
`Good morning.
`
`As you know, my name is Beth Throne,
`
`from Fox
`
`Rothschiid.
`
`And I represent YOLO Sportswear, LLC, of
`
`which you are an empioyee.
`
`Piease, I'd 1ike to note for the record,
`
`that
`
`counsei for the appiicant, Matthew Grossman for YOLO
`
`Ciothing is not present. That counse1's name is Cory
`
`M. Baker, Esquire,
`
`from Tucker and Latifi, LLP.
`
`He was
`
`properiy noticed For the deposition and acknowiedged
`
`receipt of the deposition by phone, and is not present.
`
`I'm going to proceed with giving you a series
`
`of instructions fo11owed by asking you a series of
`
`questions.
`
`My first instruction is, if you cou1d
`
`answer the questions verba11y. That is, not by a nod
`
`of the head or gestures or an uh—uh, because that makes
`
`it difficuit for the court reporter to take down your
`
`response.
`
`Do you understand?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`A.
`
`YES.
`
`Q.
`
`A1so,
`
`I wou1d ask that if you couid wait unti1
`
`I've comp1eted asking the question so that you
`
`understand the nature and scope of information for
`
`which I am speaking. Does that make sense?
`
`A.
`
`Yeah.
`
`Q.
`
`And, fina11y, if you don't understand a
`
`question that I'm asking, if you wou1d 1et me know, and
`
`I'11 be happy to rephrase it, so that you cou1d answer
`
`the question appropriateiy.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Okay.
`
`Have you ever been deposed before?
`
`No.
`
`Are you current1y taking any medications that
`
`wou1d affect your capacity to testify today?
`
`A.
`
`No.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`19067.
`
`Piease state your fu11 name for the record?
`
`Karen Eiizabeth Forster.
`
`How o1d are you?
`
`Forty—five.
`
`Have you ever gone by any other names?
`
`My maiden name, Karen E1izabeth Fechtor.
`
`And what is your current home address?
`
`1423 Scar1et Oak Road, Yardley, Pennsyivania,
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`1
`
`2
`
`3
`
`4
`
`S
`
`6
`
`7
`
`8
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`9
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`10
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`11
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`12
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`13
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`14
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`And did you attend high schoo1?
`
`Yes.
`
`where did you attend high schoo1?
`
`Abington High Schoo1, Abington, Pennsy1vania.
`
`Did you graduate?
`
`Yes.
`
`Fo11owing high schoo1, did you attend any
`
`further education?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Temp1e University.
`
`what did you study at Temp1e?
`
`Business marketing.
`
`Did you graduate?
`
`Yes.
`
`with a degree?
`
`Yes.
`
`what type of degree?
`
`A Bache1or's.
`
`In?
`
`In business.
`
`Fo11owing your Bache1or's at Temp1e, did you
`
`attend any further education?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`No.
`
`Are you current1y emp1oyed?
`
`Yes.
`
`I'm se1f emp1oyed.
`
`Exp1ain to me for whom, how you're se1f
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`empioyed.
`
`A.
`
`Q.
`
`A.
`
`YOLO Sportswear is 50 percent my company.
`
`And what do you do at YOLO Sportswear?
`
`I have the privi1ege of being vice president
`
`and secretary. But most of my job responsibiiities are
`
`on the accounting side of the business,
`
`the production
`
`side of the business.
`
`I don't hand1e the saies, for
`
`the most part, shipping,
`
`that kind of thing.
`
`Q.
`
`How 1ong have you been seif empioyed at YOLO
`
`Sportswear?
`
`A.
`
`Q.
`
`Ten years.
`
`who is the other owner of —— who are the other
`
`owners of YOLO Sportswear?
`
`A.
`
`Q
`
`A.
`
`Q
`
`The other 50 percent owner is Chris Fechtor.
`
`And is he in the room today?
`
`Yes, he is.
`
`what did you do prior to being seif emp1oyed
`
`with YOLO Sportswear?
`
`A.
`
`I worked for Lower Makefieid Township For
`
`about eight years prior to that.
`
`So, I guess it was
`
`some time —— I think I was hired there in, maybe 1988.
`
`I was the park and recreation coordinator for the
`
`township.
`
`Q.
`
`what did you do as park and recreation
`
`coordinator for the township?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`I had to oversee a11 the park, hire the
`
`emp1oyees to maintain the 1and, dea1 with a11 the
`
`township recreation entities, soccer, baseba11,
`footbaii, schedu1ed them for fieid usage,
`that kind of
`
`thing.
`
`Q.
`
`Returning to your current empioyment, where is
`
`YOLO Sportswear situated?
`
`A.
`
`287 south Main street, Suite 12, Lambertvi11e,
`
`New Jersey.
`
`Q.
`
`A.
`
`was it a1ways situated at that address?
`
`No.
`
`It started out in Ros1yn, Pennsyivania,
`
`in Chris
`
`house.
`
`we converted the garage to an office.
`
`we were out of there within a year.
`
`And then,
`
`I be1ieve we moved to Lambertvi11e,
`
`into,
`
`I don't remember the address.
`
`It was the town of
`
`Lambertvi11e.
`
`And then one year in our ten year period, we
`
`moved to Pedd1er's Vi11age, and had a retai1 store for
`
`a year.
`
`we were there for one year.
`
`we got out of
`
`that and went back to Lambertvi11e into the Laysack's,
`
`(ph.), bui1ding at the address we're at now.
`
`Q.
`
`A.
`
`How did YOLO Sportswear come to be?
`
`YOLO began, my brother worked for various
`
`companies in the same type of industry.
`
`I had worked
`
`for our township for eight years.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`
`Q.
`
`A.
`
`who is your brother?
`
`Chris Fechtor, my brother.
`
`He is my partner.
`
`Thank you so much.
`
`So,
`
`just, we were taiking one day and said we
`
`wou1d 1ove to start a business.
`
`I piayed fie1d hockey
`
`in co11ege.
`
`I 1oved it.
`
`He 1oved it.
`
`we 1oved
`
`sports.
`
`So, we just sat down and came up with the
`
`business p1an.
`
`And the name of the business was a no
`
`brainer because Chris, he knew exactiy what he wanted
`
`the business name to be.
`
`He had seen it on a 1icense
`
`p1ate.
`
`we started in 1996.
`
`He probab1y saw it on a
`
`1icense p1ate eight years before that, maybe, and asked
`
`the person what did it stand for.
`
`He ioved the —— just
`
`YOLO .
`
`You on1y 1ive once.
`
`So,
`
`that stuck with him,
`
`1ike the immediate. There wasn't ever a discussion.
`
`That was going to be the name of the business. That
`
`was going to be it.
`
`Then we came up with a business p1an, secured
`
`our financing and got started.
`
`Q.
`
`A.
`
`Q.
`
`when was that?
`
`1996.
`
`And when you got started, did you offer
`
`certain products?
`
`A.
`
`Yes.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
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`
`|—‘ U’!
`
`I-‘ G3
`
`I—‘ \l
`
`I-‘ 00
`
`|--‘ k0
`
`N) C
`
`l\J |—‘
`
`I\) |\)
`
`|\) LA.)
`
`l\J .b.
`
`f\J U1
`
`Q.
`
`A.
`
`what did you offer?
`
`Jackets, pants, hats, T—shirts, bags.
`
`we
`
`embroidered.
`
`we screen printed.
`
`And offered it to
`
`teams. And we had a retai1.
`
`Our business is rea11y two entities.
`
`It's not
`
`two entities. what is the word?
`
`It's two —— we have
`
`two —— it's kind of two types of business.
`
`we have a
`
`retai1 side and a team side.
`
`Q.
`
`A.
`
`Now, we're ta1king about at present?
`
`Yes.
`
`we had that back then,
`
`too,
`
`in '96.
`
`we
`
`wou1d se11 retai1, and take our goods and services out
`
`to gir1s, at usua11y camps and tournaments and such and
`
`se11 our goods there. That was considered the retaii
`
`end of the business.
`
`The team side is where you go to meet with a
`
`team. And they, as a team, purchased team goods, with
`
`the schoo1 name on it.
`
`so that was what we started out
`
`doing.
`
`It's sti11 what we do today.
`
`Q.
`
`when you say you took your product out to
`
`gir1s, what wou1d you mean?
`
`A.
`
`we wou1d go to fie1d hockey,
`
`iacrosse and
`
`softbaii
`
`tournaments and se11 merchandise with 1ogos
`
`that appiied to the sport at those events.
`
`SoFtba11
`
`merchandise wou1d be so1d at softba11 events, fieid
`
`hockey at fie1d hockey events.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`
`
`

`
`10
`
`©LOO0\lO\U1-D-UU|\J|-‘
`
`I-‘
`
`I-‘ I—‘
`
`H‘ N’
`
`|—‘ U)
`
`l-‘ A
`
`I—* U1
`
`l-‘ O‘!
`
`|—‘ \l
`
`|-‘ 00
`
`5-‘ L0
`
`|\) O
`
`f\J |'--‘
`
`IN! l\J
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`l\J U)
`
`f\) -!>
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`
`Q.
`
`A.
`
`Do you currentiy sti11 --
`
`we sti11 do that.
`
`0n1y now, we have an on1ine
`
`store which we didn't have in '96.
`
`Q.
`
`A.
`
`what is the name of your on1ine store?
`
`The web site is www.YOL0 Sportswear.com. And
`
`you can go to a retaii side or a team side of the web
`
`page. There's two separate sections to go to,
`
`depending on their interests.
`
`Q.
`
`Before we get into the detaiis of your
`
`products, where did you go to for these camps or these
`
`tournaments and events? where geographica11y? Did you
`
`trave1 and do you trave1 now?
`
`A.
`
`Yes.
`
`we did trave1 back then. And we travei
`
`now.
`
`we may travei more p1aces now than we did in the
`
`beginning.
`
`we sti11 do the same distance.
`
`One and a
`
`haif years in, we had to go to Caiifornia.
`
`we go to
`
`Caiifornia for an event every coup1e of years.
`
`we go
`
`to Fiorida.
`
`we wi11 go to Kentucky.
`
`we wou1d go
`
`mostiy in the,
`
`I want to say, eastern part of the
`
`country, Northeastern Pennsyivania, Deiaware, Maryiand,
`
`Jersey, New York, a 1ot of travei
`
`there, consistentiy
`
`more so than anywhere e1se. There is trave1 where we
`
`have to go to events further away.
`
`Q.
`
`For your custom and your retai1 business, what
`
`is the geography of your customers‘ base.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`11
`
`OkOOO\lO\U'I-I>UU|\JI—‘
`
`I-‘
`
`l—‘ 1-‘
`
`I-‘ l\J
`
`I-" UU
`
`I-‘ J3
`
`1-‘ U’!
`
`I—‘ G1
`
`I—‘ \l
`
`I—‘ 00
`
`F‘ KO
`
`N C
`
`|\) |—‘
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`l\) K)
`
`|\.) UU
`
`l\.) -9
`
`f\J U1
`
`A.
`
`Team business, we've done the business in
`
`about,
`
`I wouid say thirty states or so.
`
`And it's from
`
`Caiifornia to Pennsyivania,
`
`from F1orida, up to Maine.
`
`It's spread across the country pretty we11.
`
`The retaii business, I haven't 1ooked at the
`
`actuai statistics, but I do the retai1 shipping. And I
`
`know I've shipped to Caiifornia and Co1orado and
`
`F1orida and Massachusetts.
`
`I don't know exact1y how
`
`many states are invo1ved in the retai1 end, but I wou1d
`
`imagine aimost as many as the teams.
`
`Q.
`
`A.
`
`Q.
`
`YOLO Sportswear is an LLC?
`
`Yes.
`
`where is it registered or where are the
`
`articies of organization?
`
`A.
`
`Q.
`
`New Jersey.
`
`when was that? when did you fiie your
`
`articies of organization?
`
`A.
`
`I beiieve that was,
`
`I think that was January
`
`1st, 2004.
`
`Q.
`
`A.
`
`Okay.
`
`Before that, we were a partnership.
`
`we became
`
`an LLC,
`
`I be1ieve it was the first year of the LLC was
`
`January 1st, 2004.
`
`Q.
`
`A.
`
`what about the partnership?
`
`The partnership was formed immediateiy,
`
`in
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`12
`
`O®OO\lO3U'I-bUJ|\Jl-‘
`
`I-‘
`
`I-‘ I-‘
`
`I—| l\)
`
`|—‘ UU
`
`l—‘ -D
`
`I-* U1
`
`I--‘ 05
`
`|—‘ \l
`
`I-‘ 00
`
`|-‘ ©
`
`K) G
`
`I\J 1-‘
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`f\) l\.)
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`|\.) UU
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`NJ -5
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`|\J U'l
`
`1996.
`
`Q.
`
`A.
`
`was that registered in --
`
`That was registered in New Jersey.
`
`It started
`
`out in Pennsyivania.
`
`Then we moved to Jersey.
`
`It was
`
`registered in New Jersey.
`
`Q.
`
`Let's go back to the products that you se11.
`
`How did you get your —- other than attending team or
`
`events that you were ta1king about, how do you get your
`
`products to the consumer or advertise them to the
`
`consumer?
`
`A.
`
`we do advertising in various trade -— various
`
`magazines through the sports we may dea1 with, US
`
`Lacrosse, Us Fie1d Hockey,
`
`the Nationa1 Fie1d Hockey
`
`Coaches Association.
`
`we may do —— every ——
`
`occasiona11y,
`
`through the ten years, we've done some
`
`maiiings to, 1ike a database we've co11ected of
`
`customers who we have sent out the cata1og.
`
`This particu1ar year, we discussed, we're
`
`going to send out postcards, maybe three times a year,
`
`sending them to the web site for sa1es.
`
`And the advertising, a 1ot of it has been For
`
`us, word of mouth.
`
`Q.
`
`The trade magazines that you ta1k about, are
`
`those 1oca1,
`
`regionai, nationai?
`
`A.
`
`Nationa1.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`13
`
`Q.
`
`Have you had saies generated out of those
`
`trade magazines?
`
`A.
`
`Yeah, but I wou1dn't say that they've
`
`generated the most. But I abso1ute1y think sa1es come
`
`from them.
`
`Q.
`
`A.
`
`Q.
`
`Do you have a cata1og?
`
`Yes.
`
`Forster 1.
`
`(whereupon Exhibit No. Forster 1,
`
`Cataiog, was marked for identification.)
`
`BY Ms. THRONE:
`
`Q.
`
`I'm showing you what has been produced by you
`
`to me.
`
`Do you recognize that?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`Q.
`
`what is this?
`
`Our custom team appare1 cataiog.
`
`And if you can review for me,
`
`the contents of
`
`the cata1og and your products?
`
`A.
`
`Okay.
`
`we —— when we se11 to teams, if we can
`
`see them face—to—Face, we do. Other ways we se11 and
`
`we taiked about advertising or how we a11 have heard,
`
`YOL0, we do trade shows, where we go out and set up a
`
`booth and put a11 out team wear up in a cata1og, and
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`CDLDOO\lO\U‘IJ>UU|\Jl-‘
`
`I-'
`
`I-‘ |—‘
`
`l-‘ l\J
`
`|---‘ LA.)
`
`I-‘ -D
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`l—‘ U1
`
`I—‘ 05
`
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`I-‘ KO
`
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`
`K) I—‘
`
`l\) l\)
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`|\J A
`
`|\) U'|
`
`

`
`14
`
`o2ooo\1owu14>.uuNI—|
`
`I—|
`
`I-‘ I-‘
`
`|—‘ l\J
`
`I—‘ UU
`
`I-‘ A
`
`|—‘ U'l
`
`I—‘ 05
`
`|—‘ \l
`
`l—‘ 00
`
`I-‘ k0
`
`K) C
`
`21
`
`22
`
`23
`
`24
`
`25
`
`show our team wears to the coaches.
`
`A 1ot of functions
`
`where coaches come to a c1inic, and the manufacturers
`
`can set up a booth to show their goods.
`
`we carry a thing ca11ed the u1timate practice
`
`packet.
`
`It comes with a hooded sweatshirt, a pair of
`
`pants, a 1ong s1eeve T—shirt.
`
`It's a11 screen printed
`
`with the schoo1 1ogo. That's a very popu1ar item with
`
`our customer.
`
`Q.
`
`As far as the use of the YOLO name, cou1d you
`
`te11 me how, before you go through more of the cataiog,
`
`how and if you used the YOLO name on your c1othes?
`
`A.
`
`we do. Not every piece.
`
`It is primariiy on
`
`the custom items that we have made for us and
`
`manufactured for us.
`
`we have our shorts manufactured.
`
`So our YOLO 1abe1 goes in our shorts.
`
`we have our
`
`jackets and pants manufactured.
`
`so our YOLO 1abe1 into
`
`goes into of those jackets and pants.
`
`Anything that is made from scratch has our
`
`YOLO 1abe1 in it. Anything e1se, if we have the chance
`
`or the staff or the time, we wi11 heat app1y a iogo
`
`that may say YOLO on it. Those 1ogos were primari1y,
`
`when we put our YOLO 1ogo on it, it's primari1y on the
`
`retai1 side of things. Not as much as the team goods.
`IQ.
`when we're ta1king about a YOLO 1ogo,
`I'm
`
`going to show you what --
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`
`
`

`
`15
`
`©®0O\lO3U'I-D-UU'\JI—‘
`
`|—‘
`
`F-‘ F-‘
`
`|—‘ I\)
`
`i—‘ LU
`
`I-‘ -P
`
`|—‘ U1
`
`I-‘ G3
`
`I-4 \l
`
`I-‘ 00
`
`|-‘ £0
`
`l\) C)
`
`l\J |—‘
`
`l\J l\J
`
`|\J UU
`
`N) -§>
`
`K) U1
`
`A.
`
`I am sorry.
`
`In the cataiog, a1so, one of the
`
`other biggest se11ers we have is uniforms.
`
`our 1ogo is
`
`on every uniform.
`
`It's "Y", with made.
`
`It's kind of
`
`how our customer know who we are.
`
`The "Y" wi11 go on
`
`either the back neck of the uniform or on a ki1t, on
`
`the top right of ki1t, but wherever.
`
`somewhere on the
`
`uniform wi11 be our "Y" mark so that peopie wi11 know
`
`it's the YOLO name or YOLO 1ogo.
`Q.
`when you're taiking about the YOLO 1ogo, on
`
`the tags, how does the YOLO 1ogo appear?
`
`A.
`
`The tags, when we use the price tags -— oh,
`
`the tag inside the garment.
`
`The tag inside the
`
`garment, if it's custom made, I didn't bring any with
`
`me, so I can suppiy some. They're knitted or again,
`
`Chris, my partner handied buying these.
`
`I don't even
`
`know how they're made, but they're knitted tags that
`
`are sewn into the garment whi1e the garment is being
`
`made. And that has on there,
`
`the YOLO 1ogo, YOLO
`
`Sportswear, You 0n1y Live Once,
`
`in a circ1e, our main
`
`1ogo. And it's got our 888 number or our web site.
`
`I'm not sure which it has.
`
`It may have both.
`
`But it
`
`has our fu11 name and at 1east some way to find us.
`
`Q.
`
`I'm showing you what is marked as Forster 2.
`
`(whereupon Exhibit No. Forster 2, Hang
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`16
`
`Tag, was marked for identification.)
`
`BY MS . THRONE:
`
`Q.
`
`I'm showing you what I marked as Forster 2.
`
`Do you recognize this?
`
`A.
`
`Yes.
`
`It's our hang tag that we put on our
`
`retai1 ciothing. Specifica11y, we use it when we are
`
`sponsoring an event or hosted our big sponsor for big
`
`tournaments. when we have thousands of pieces of
`
`©kOOO\lChU14>UU|\JI—‘
`
`I-‘
`
`ciothing, we wi11 hand tag every piece with the price
`
`i-‘ I-‘
`
`and size.
`
`l-‘ N
`
`|--‘ U.)
`
`I-‘ -A
`
`|—| U‘!
`
`I-‘ G5
`
`I-4 \l
`
`1-‘ 00
`
`|—‘ £0
`
`K) G
`
`l\J I-‘
`
`|\) l\)
`
`l\) UJ
`
`I\) ->
`
`|\) U'1
`
`Q.
`
`Is it fair to say this is a copy of your hand
`
`tag?
`
`A.
`
`Yes.
`
`Are those two hang tags?
`
`A.
`
`No.
`
`It's one. what is on one side of the
`
`hang tag is our YOLO 1ogo. And on the other side, it
`
`just exp1ains our commitment to our c1othing and how to
`
`reach us, and again,
`
`the size and price.
`
`Q.
`
`Let the record ref1ect that the witness has
`
`pointed to the top of the page as the 1ogo, and the
`
`bottom of the page as the text with the commitment
`
`ianguage.
`
`That top picture of the hang tag,
`
`is that --
`
`does that represent the YOLO mark?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`17
`
`OLOO0\lGWU1-|>UUT\Jl—‘
`
`I-‘
`
`I-‘ |—‘
`
`|—‘ [\I
`
`|—‘ UU
`
`|—‘ -l>-
`
`I-‘ U'|
`
`I—‘ 01
`
`I-‘ \l
`
`|—‘ 00
`
`I-‘ Lo.
`
`!\J C
`
`|\) I-‘
`
`l\J l\)
`
`l\) UU
`
`IN! A
`
`|\) U1
`
`A.
`
`Yes. That is the YOLO mark we started with.
`
`And that the YOLO —- that is what defines us,
`
`that
`
`mark.
`
`Q.
`
`Ear1ier, you ta1ked about a mark and a circ1e
`
`that appears on your tags.
`
`How does that mark at the
`
`top of that page on Forster 2 compare to the mark or
`
`the 1ogo that appears on your c1othing?
`
`A.
`
`It is a1most identica1.
`
`we have two types of
`
`tags that go in c1othing.
`
`And the reason for that is
`
`that certain items of ciothing are made different1y.
`
`So a square tag may not be appropriate, where a
`
`rectangu1ar tag may be.
`
`so we have a square tag that pictures the top
`
`1ogo on this piece of paper. And then we have a,
`
`just
`
`where it says YOLO Sportswear,
`
`the rectangu1ar section,
`
`we a1so have a tag that goes in garments for that.
`
`Q.
`
`A.
`
`Inside the garment or outside?
`
`For instance, on a jacket, a custom jacket, on
`
`the outside of the garment, on the back cape of it,
`
`wi11 be a rectangu1ar tag,
`
`that is visib1e to the eye
`
`from peop1e not inside the garment. Outside, it wi11
`
`say, YOLO Sportswear.
`
`It does not
`
`inc1ude the You 0n1y
`
`Live Once section.
`
`It just depends on what garment we
`
`have being made that the tag goes in.
`
`Q.
`
`Okay.
`
`I'm going to show you what I'11 mark as
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`18
`
`©LOOO\lO1U'I-l>UUY\’|“
`
`I-‘
`
`I-‘ I-‘
`
`|—‘ N:
`
`|—‘ UJ
`
`|—‘ -l>
`
`I-—‘ U1
`
`I—‘ G5
`
`|—‘ \l
`
`|—‘ CD
`
`I-‘ KO
`
`l\J O
`
`l\.) |—‘
`
`l\J K)
`
`I\J U)
`
`24
`
`25
`
`Forster 3.
`
`(whereupon Exhibit No. Forster 3, Hea1
`
`Labeis, was marked for identification.)
`
`BY MS . THRONE:
`
`Q.
`
`Do you recognize what I'm showing you as
`
`Forster 3?
`
`A.
`
`Yes. Those are heat appiied 1abe1s.
`
`I don't
`
`know if you ca11 them 1abe1s. They get put on our
`
`garments. where our garments, we were just discussing
`
`other tags, are sewn into garments,
`
`these are not.
`
`These are cut and heat appiied to the outside of the
`
`garment.
`
`So, for instance, if a T—shirt comes from a
`
`T—shirt mi11 and we do a 1ogo on there, it's just a
`
`fieid hockey 1ogo.
`
`we wi11 heat appiy these —- our
`
`1ogo onto the garment,
`
`to try to somehow get it on the
`
`garment, since it's not sewn into the garment. Because
`
`we want to have as many garments as possibie, when we
`
`send them out, have our name on them, so peopie know
`
`where to get them and who we are.
`
`Q.
`
`Is this a fair and accurate sheet of tags,
`
`copy of the tags that you heat appiy to the garment?
`
`A.
`
`YES.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`19
`
`OLD00\lO1U1-D-UJ|\J|—‘
`
`I—|
`
`I-‘ I-‘
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q.
`
`Now,
`
`I interrupted you whi1e you were wa1king
`
`through the cata1og to discuss what information appears
`
`on your garment.
`
`If you cou1d return to the cataiog
`
`and expiain to me through the cataiog, what
`
`type of
`
`products you offer?
`
`A.
`
`we a1ready went over the practice packs, which
`
`inc1udes Mesh shorts, hoods, pants, 1ong s1eeve T's,
`
`short s1eeve T's.
`
`we offer uniforms,
`
`tops, ki1ts.
`
`we offer
`
`jackets, outer garment jackets, pants to go with those,
`
`1ike, warm—up pants.
`
`we offer bags.
`
`we offer training
`
`gear, Tike, sports bras and training T's and moisture
`
`management type materiai for training purposes.
`
`we
`
`offer tye—dye items.
`
`we offer pajama bottoms.
`
`Anything that can be sewn on,
`
`I mean, embroidered on or
`
`screened on, if it's not in the cataiog, we'11 do --
`
`Primariiy, our biggest se11ers are, we do
`
`rugby's. They're very big se11ers.
`
`we do hats,
`
`embroidered hats.
`
`Q.
`
`A.
`
`Do you se11 accessories?
`
`Yes, we do.
`
`we se11 accessories.
`
`we have
`
`so1d —— we se11 sticks that may app1y to sports,
`
`1acrosse sticks, fie1d hockey, ba11s, bags, again,
`
`mouth guards,
`
`ianyards, water bott1es.
`
`A 1ot of that
`
`has our 1ogo on it.
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215348-1173
`
`

`
`20
`
`©LDO0\lChU1-D-UU|\J|—‘
`
`I-‘
`
`I-‘ I-‘
`
`|—‘ M
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
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`25
`
`we se11 —— we so1d jewe1ry in the past.
`
`we
`
`started se11ing jewe1ry in 1997, one of our first big
`
`events. And we have so1d it on occasion. Throughout
`
`this ten year period, we have so1d —— it's not jewe1ry
`
`specifica11y, geared to the sport.
`
`so, it might be
`
`fie1d hockey or 1acrosse or soccer.
`
`And it's most1y
`
`charms, brace1ets, neck1aces, and that kind of thing.
`
`we se11,
`
`in accessories, wrapped and pre—wrap
`
`and tape and mouth guards. And we se11 socks, a11 kind
`
`of accessories.
`
`Q.
`
`Going back to the jewe1ry, does the YOLO --
`
`how does the YOLO —— does the jeweiry bare the YOLO
`
`name?
`
`A.
`
`No.
`
`It has —— it's sport specific.
`
`so we
`
`wou1d buy from a manufacturer of the jewe1ry.
`
`And then
`
`we wou1d rese11 it at trade shows and events.
`
`And it
`
`wou1d be, again, sport specific.
`
`Q.
`
`A.
`
`okay.
`
`How do you distribute your cata1ogs?
`
`Genera11y,
`
`through the ten years we have been
`
`in business, maybe twice we've done a bu1k mai1ing.
`
`For the most part, it's through the events that we go
`
`to.
`
`or at team sa1es, we wi11 throw the cata1ogs in
`
`the boxes, where the items are shipped to the teams.
`
`we wi11 go to events.
`
`And every time we wou1d wa1k by
`
`the tab1e, we give them one or they buy something that
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`21
`
`©L0OO\lO\U'I-l>-UU|\JI-‘
`
`I-‘
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`I-‘ I-‘
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`|—‘ l\J
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`|—‘ U)
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`25
`
`goes in the bag. That's pretty much how it's been
`
`distributed.
`
`Q.
`
`Do you se11 to, you said giris?
`
`A. Mostiy gir1s.
`
`we focus —— we've focused our
`
`business on fieid hockey. Lacrosse is a fo11ow—up.
`
`we
`
`are going to -— we have done softbaii and soccer in the
`
`past.
`
`we have done vo11eyba11 and basketba11.
`
`we've
`
`dabbied in everything.
`
`we do corporate accounts that
`
`they ca11 us up.
`
`we have —— are seeking it out.
`
`If
`
`they come to us. we'11 do it.
`
`we have focused primariiy on women's sports.
`
`And we're right now in the web site fieid hockey.
`
`And
`
`we're going to be adding to the web site,
`
`I think six
`
`sports within, hopefu11y,
`
`the next few months, as
`
`retai1 on the web site.
`
`we have a1ways so1d to them at
`
`events, again taking it to them. But our web site has
`
`been geared to fieid hockey and iacrosse. Our retaii
`
`has been geared to fieid hockey and iacrosse.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`So, have you then so1d men's ciothes as we11?
`
`Oh, yeah. Not very often, but we do.
`
`How about unisex?
`
`Yeah.
`
`A Tot of stuff we se11 is unisex. And
`
`the gir1s sti11 buy it, hooded sweatshirts.
`
`Q.
`
`You mentioned the web site. what is the web
`
`site for your company?
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`22
`
`A.
`
`The web site is for the team interests and for
`
`the retai1 interest.
`
`Q. what's the address of your web site?
`
`A.
`
`Q.
`
`The address is www.YOLOSportswear.com.
`
`I'm going to show you what I'11 mark as
`
`Forster 4.
`
`(whereupon Exhibit No. Forster 4, web
`
`site, was marked for identification.)
`
`CDLOOO\lO\U'I-l>UU|\J|‘
`
`I-‘
`
`I-‘ |—‘
`
`BY MS . THRONE:
`
`I-‘ l\J
`
`I-‘ UJ
`
`I-‘ -D
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`I--‘ 05
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`|—‘ \l
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`I—‘ 00
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`|—‘ LO
`
`IN! G
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`l\) P‘
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`l\J l\)
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`N) UU
`
`l\) -P
`
`R) U‘!
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Do you recognize what I'm showing you?
`
`Yes,
`
`I do.
`
`what is it?
`
`It is the front page of our web site.
`
`There's severa1 pages attached?
`
`Yes, it is, various pages on our web site.
`
`Are these true and accurate copies of various
`
`pages on your web site?
`
`A.
`
`Q.
`
`Yes,
`
`they are.
`
`If we go through, one by one, starting at the
`
`first page, exp1ain to me the difference between the
`
`custom team apparei,
`
`the hyperiink, and the on1ine
`
`store 1ink?
`
`A.
`
`The custom team apparei
`
`is where someone may
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`23
`
`go when they're interested in purchasing for a team,
`
`not an individuai.
`
`And you go to the team apparei
`
`side, it wi11 give you exampies of team items that we
`
`se11.
`
`And then, when you go to that side of the web
`
`site, you can, for instance rugby, big se11er.
`
`Teams,
`
`they can bui1d their own rugby...
`
`they can put the
`
`co1ors and that kind of thing.
`
`You can bui1d your own
`
`jacket, putting your coiors, your co11ar.
`
`It's for
`
`OLooo\lo\u1.I>-wNI—‘
`
`I—|
`
`teams to put
`
`in the team co1ors and see what they wou1d
`
`I-‘ I-‘
`
`1ike.
`
`|—‘ |\)
`
`1-‘ U0
`
`I-‘ -l>
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`I-‘ U'|
`
`I-‘ 01
`
`|—‘ \l
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`
`F-‘ LO
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`l\.) |—‘
`
`|\J |\J
`
`23
`
`24
`
`25
`
`The oniine store is geared to the individuai
`
`who wants to just buy something for themseives.
`
`And
`
`it's a11 generic items.
`
`So, if you go,
`
`I say generic,
`
`it's a11 fie1d hockey or a11 iacrosse.
`
`It's ——
`
`it
`
`doesn't have a team 1ogo.
`
`It just says those words or
`
`has sticks or something that is geared towards the
`
`sport, so they can go in and buy an individuai
`
`item if
`
`they want.
`
`Q.
`
`Can they buy through your web site,
`
`items with
`
`your company's name on it?
`
`A.
`
`There are items that have been on there, yes.
`
`But they say YOLO sportswear, 1ike,
`
`the YOLO
`
`Sportswear's fieid hockey or 1acrosse. Through the ten
`
`years, we have so1d items and/or given away items as
`
`BUCKS COUNTY COURT REPORTERS, INC.
`
`215-348-1173
`
`

`
`24
`
`©KOOO\lO\U'I-hUU|\JI-‘
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`I-‘
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`
`promotiona1 items that have YOLO on t

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