throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`____________________________________________________ -_x
`
`BEAR U.S.A., INC.,
`
`Opposer,
`
`v.
`
`Opposition No.: 91170064
`Serial No.: 76/631,094
`
`'
`
`ARMOUTH INTERNATIONAL, INC.,
`
`Applicant.
`_____________________________________________________-X
`
`AFFIDAVIT OF TIMOTHY J. KELLY
`
`TIMOTHY J. KELLY, hereby declares and states as follows:
`
`1.
`I am a partner with the law firm of Fitzpatrick, Cella, Harper &
`Scinto, attorneys for Opposer Bear U.S.A., Inc. in the above-caption opposition
`
`proceeding. 1 make this declaration in support of Opposer Bear U.S.A. Inc.’s motion for
`
`summary judgment.
`
`I have personal knowledge of the facts and circumstances set forth
`
`below and if called to testify I could and would testify as follows.
`
`2.
`
`The materials attached hereto as Exhibit land filed under seal
`
`pursuant to the Protective Order filed in this opposition, are true and correct copies of
`
`excerpts from the deposition transcript of Charles Levy, Applicant’s Rule 30(b)(6) witness,
`
`taken on February 1, 2007.
`
`3.
`
`Attached hereto as Exhibits 2, 3 and 4, respectively, are true and
`
`correct reproductions of Exhibits 1, 6 and 7 from the deposition of Charles Levy,
`
`Applicant’s Rule 30(b)(6) witness.
`
`4.
`
`Attached hereto as Exhibit 5-19 are Certified Status and Title copies
`
`of the following United States Trademark Registrations: 3,038,588; 2,191,596; 2,286,759;
`
`

`
`2,559,155; 2,556,355; 2,285,696; 2,559,096; 2,700,829; 2,997,379; 2,623,471; 2,429,029;
`
`2,384,568; 2,276,955; 2,199,125; and 2,691,242. These registrations are all in good
`
`standing, in full force and effect, and are all owned by Opposer Bear U.S.A., Inc.
`
`
`
`I declare, under the penalty of perjury, that the foregoing is true and c rrect.
`
`
`
`Timot 5
`
`5*
`
`4‘
`
`Dated: February 9, 2007
`
`NY_MA|N 617219v1
`
`

`
`EXHIBIT 1
`
`

`
`EXHIBIT 2
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`___________________________________________________ __x
`
`BEAR U.S.A., INC.,
`
`Opposer,
`
`v.
`
`E
`
`Opposition No.: 91 170064
`Serial No.: 76/631,094
`
`ARMOUTH INTERNATIONAL, INC.,
`
`Applicant.
`_____________________________________________________x
`
`To:
`
`Joseph Sutton, Esq.
`Ezra Sutton, P.A.
`
`Plaza 9, 900 Route 9
`Woodbridge, NJ 07095
`
`Opposer’s Notice of Rule 30jb)§6) Deposition of Applicant
`
`Please take notice that on Wednesday, December 13, 2006, beginning at 10:00
`
`a.m., in accordance with Rule 30 of the Federal Rules of Civil Procedure, Opposer Bear
`
`U.S.A., Inc. (hereinafter “Bear”), will take the oral deposition of Applicant Annouth
`
`International, Inc., through one or more of its officers, directors, managing agents or
`
`others who consent to testify on its behalf. The deposition will take place at the offices of
`
`Fitzpatrick, Cella, Harper & Scinto, 30 Rockefeller Plaza, New York, New York, 10112,
`
`
`
`,"r:"-9‘
`
`before a notary public or other officer authorized to administer oaths and take depositions
`
`and will continue from day to day until completed or adjourned. The deposition may be
`
`used for all purposes contemplated under the Federal Rules of Civil Procedure. You are
`
`invited to attend.
`
`
`
`

`
`Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Applicant is
`
`required to designate one or more officers, directors, or managing agents, or other
`
`persons who are qualified, knowledgeable and competent to testify on its behalf to testify
`
`with respect to each of the topics listed in the attached Schedule A.
`
`Dated: December 8, 2006
`
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`
`By: /WTimothy K
`
`30 Rockefeller Plaza
`
`New York, New York 10112
`
`(212) 218-2100
`
`Attorneys for Opposer
`Bear U.S.A., Inc.
`
`

`
`Schedule A — Topics of Deposition
`
`1.
`
`The creation, consideration, development, selection, clearance, adoption
`
`and first use of the mark shown in United States Trademark Application
`
`Serial No. 76/631094 (hereinafter referred to as “Applicant’s Mark”).
`
`The prosecution of Application Serial No. 76/631094.
`
`The products offered for sale or planned to be offered for sale by
`
`Applicant in connection with Applicant’s Mark.
`
`The sale of products bearing Applicant’s Mark, including, without
`
`limitation, the identity of retailers and distributors of products bearing
`
`Applicant’s Mark.
`
`Applicant’s past and present sales of products bearing Applicant’s Mark.
`
`The past, present, and planned customers and channels of trade for goods
`
`bearing Applicant’s Mark.
`
`Applicant’s knowledge of Opposer and/or Opposer’s products.
`
`Applicant’s past, present and planned advertising, marketing and
`
`promotion of products bearing Applicant’s Mark
`
`Applicant’s formal or informal investigations, research, searches, surveys,
`
`tests, studies, or polls of any kind, including, but not limited to, trademark
`
`searches, the Applicant has conducted or has knowledge of pertaining to
`
`Applicant’s, Opposer’s, or any third party’s use of the term BEAR in
`
`connection with clothing products.
`
`10.
`
`Instances or possible instances of confusion, mistake or deception of any
`
`kind, including confusion, mistake or deception as to sponsorship or
`
`

`
`affiliation, that has occurred between Applicant or its use of Applicant’s
`
`Mark and Opposer or any of Opposer’s Marks as defined in the Notice of
`
`Opposition herein.
`
`Consumer or retailer returns of products bearing Applicant’s Mark.
`
`Applicant’s responses to Opposer’s interrogatories and document requests
`
`in this matter.
`
`Applicant’s Answer to the Notice of Opposition herein.
`
`Applicant’s awareness of Opposer and/or Opposer’s Marks.
`
`11.
`
`12.
`
`13.
`
`14.
`
`

`
`Certificate of Service
`
`1, Elizabeth Pagan, hereby certify that on this the 8”‘ day of December 2006, a true
`
`and correct copy of the foregoing Notice of Rule 30(b)(6) Deposition of Applicant, was
`
`served on the following counsel of record, by First Class Mail and by Facsimile, as
`
`follows:
`
`Joseph Sutton, Esq.
`EZRA SUTTON, P.A.
`
`PLAZA 9, 900 ROUTE 9, SUITE 201
`WOODBRIDGE, NJ 07095
`Facsimile: (732) 634-3511
`
`Eliz
`
`eth agan
`
`NY_Main 607285_1
`
`

`
`§-— _
`
`EXHIBIT 3
`
`

`
`DOUBLE FRONT CARPENTER PANT
`
`BEAR
`RIVER 1
`IIIORKWEHR
`1
`TOUGH CLOTHING ;
`FOR TOUGH JOBS '
`
`Roomy Fit For Greater Comfort and Ease of Motion
`
`Double Front Knee Panels for Durability
`
`ssorhonoxaos
`‘DN|H.L0'l3H9n0J.
`
`HEM!avaa
`
` BEAR
`'
`
`r
`
`Triple Stitched Main Seams
`
`Tool Pockets and Hammer Loop
`Rivets at Major Stress Points
`13.5oz.l0D% Cotton Duck
`...,
`,-
`-./.
`
`~—
`
`6 X 3
`mi
`153 000
`)
`
`1
`
`manu(acturer's Suggested Retail Price
`
`$3®Q@
`
`
`
`

`
`COVENIENT ’
`‘_:CELL':_'
`PHONE ”
`
`
`
`TOUGH CLOTHING
`1 FORTOUGH JOBS
`
`Roomy Fit For Gre
`and Ease of
`
`Comfort
`‘on
`
`Double Front Knee Panels for Durability
`
`V Convenient Cell Phone Pocket
`Easy Care 65% Polyester 35% Cotton'Twi|t
`
`V
`
`_
`
`®@§l.i8C3
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARDr
`
`—
`
`______________________________________________________X
`
`BEAR U.S.A., INC.,
`
`:
`
`Opposer,
`
`v.
`
`Opposition No.: 91170064
`Serial No.: 76/631,094
`
`'
`
`ARMOUTH INTERNATIONAL, INC.,
`
`Applicant.
`____________________________________________________ __x
`
`OPPOSER’S MOTION FOR SUMMARY JUDGMENT
`
`Bear U.S.A., Inc. (hereinafter “Bear”,) hereby moves this Honorable Board,
`
`pursuant to 37 C.F.R. § 2.127 and Rule 56 of the Federal Rules of Civil Procedure, for an
`
`Order granting Summary Judgment and sustaining the instant Opposition proceeding. In
`
`support of its Motion, Bear submits its Memorandum in support of its Motion for
`
`Summary Judgement, together with the Affidavits of Thomas Hong and Timothy J. Kelly
`
`
`
`
`FIT8fPSCINTO
`30 Rockefeller Plaza
`2i"§,‘§‘f‘8‘i’§f§3”Y°““°“2
`
`Respectfully submitted,
`
`(with Exhibits), concurrently herewith.
`
`Dated: February 9, 2007
`
`_—_Z°
`°6“°°'°°9°°“—°3J ‘3
`m$w%§$&?£m;::%mlg’
`‘..‘£:';.f"..?.:'::;';.“.;‘“:.:..*?.I£.f‘;.§.;;‘°°°"‘“°“*“°
`
`conlmhslonorflwmdamarlc
`B0. Box1451. Alexandria. VA 22313-1451
`
`BEAR U.S.A., INC.
`
`Attorneys for Opposer,
`
`02-09-2007
`
`US. Patent & TMOfc/TM Mail Rcpt Dt. #2
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of Opposer’s For Summary
`
`Judgement together with its Memorandum in support thereof and the supporting affidavits
`
`of Thomas Hong and Timothy J. Kelly (with Exhibits) were served on Counsel of Record
`
`for Applicant at the address set forth below on this 9"‘ day of February 2007, by First Class
`
`Mail:
`
`Joseph Sutton, Esq.
`Ezra Sutton & Associates, PA
`Plaza 9
`
`900 Route 9
`
`Woodbridge, New Jersey 07095
`
`\ i
`
`mot y J. Kelly
`
`NY_MAlN 617232v1
`
`

`
`BEAR
`mum
`
`1
`
`Manufacturers Suggested Retail Price
`$4E
`
`iv’-D\.\‘;Z'.'
`*1‘ <--.
`ax 4%
`'3/S4 /: J -4» ‘\.\i,L\.,/
`RUM? “
`
`L4
`73‘E*1U‘D{3@
`An Lxcaivo Licecwlo
`ON 20°/a POLYESTEH
`ON 40% POLVESTEH
`
`
`
`saorns 9
`9uuu.o13
`
`as
`01
`
`IW3III)|!I’O
`HEAR!avaa
`
`1B’l5'JLJU0l»ma
`
`manufacturer‘: Suggasted Ratall Price
`$35u®©
`
`®€J%ff§.$.8-43‘:
`
`

`
`EXHIBIT 4
`
`

`
`

`
`

`
`.
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`
`'
`'2’ 49 ,2»
`a,4o¥’;5.‘-.‘..~.\,
`
`
`
`.
`
`
`-
`§_
`
`

`
`EXHIBIT 5
`
`

`
`.,‘ .~ 1574964
`
`.40 '
`
`'iI(_D,)A§IiJE,a'!i(_9)WH»@,2.1;('I5H.‘l3;§:l§§ 13)§E:S»;‘ENE1‘s§J'$2H?$‘1i1W’n 3
`
`VT
`
`_
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`February 07, 2007
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 3,038,588 IS
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM January 10, 2006
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`'
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`8
`
`‘ "
`i‘):
`
`C“
`
`'
`
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`
`IELKA RO
`
`‘
`
`L‘
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`
`a
`
`Certifying Officer
`
`

`
`Int. Cls.: 18 and 25
`
`Prior U.S. Cls.: 1, 2, 3, 22, 39 and 41
`
`Reg. No. 3,038,588
`United States Patent and Trademark Office Registered Jan. 10,2006
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`BEAR
`
`INC.
`
`BEAR U.s.A.,
`TION)
`40 OAK STREET
`P.O. BOX 424
`
`NORWOOD’ N’ 07548
`
`(NEW JERSEY CORPORA-
`
`FOR: CLOTHING, NAMELY PARKAS, JACKETS,
`SHIRTS, HATS, HEADBANDS AND FOOTWEAR, IN
`CLASS 25 (us. CLS. 22 AND 39).
`
`FIRST USE 541-1993; IN COMMERCE 1141-1993.
`
`FOR: ALL PURPOSE ATHLETIC, SPORT AND
`DUFFEL BAGS, IN CLASS 18 (us. CLS. 1, 2, 3, 22
`AND 41 .
`)
`FIRST USE 5-0-1993; IN COMMERCE 1141-1993.
`
`SE1‘ N0 750531344’ FILED M54996-
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`

`
`1501774
`
`'i_l@)Mfi;!a@)W!;@1;l41HEtE_;,‘S,I.§e,' ms §1&&__.\III£ Qtbxzflsa
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,191,596 IS
`
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM September 22, 1998
`SECTION 8
`LESS GOODS
`
`SAD) RECORDS SHOW TITLE TO BE IN:
`
`Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`
`
`
`
`V:
`
`i
`
`4‘...
`w‘.
`
`
`
`
`
`

`
`Int. Cl.: 25
`
`Reg. No. 2,191,596
`P110: U.S. Cls.: 22 and 39
`
`United States Patent and Trademark Office Registered Sep. 22, 1998
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`BEAR-MAX
`
`BEAR U.S.A.y, INC. (NEW JERSEY CORPORA-
`TION)
`40 OAK STREET
`Po; Box 424
`NORWOOD, NJ 07648
`
`PARKAS,
`CLOTHING, NAMELY,
`FOR:
`JACKETS AND lN CLASS 25 (U.S.
`CLS. 22 AND 39).
`
`FIRST USE
`2-1-1997.
`
`2-1-1997;
`
`IN COMMERCE
`
`SN 15—977.6l9, FILED 2—2r»199c.
`
`ALICE SUE CARRUTHERS, EXAMINING AT-
`TORNEY
`
`
`
`

`
`
`
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`
`UNITED STATES DEPARTMENT OF COMNIERCE
`
`G»
`
`511'"
`
`
`
`United States Patent and Trademark Office
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,286,759 IS
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM October 12, 1999
`SECTION 8 & 15
`
`SAID RECORDS SHOW TITLE TO BE IN:
`
`Registrant
`
`<1
`
`2%
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`
`
`_ _ _I »|l| IIl1||1|Illllflllllllllllllllllll II
`
`II IllllllllllllllIllllllllllllllllllllIllIlfllllllI||||llllIl|Il|||l|ll|llI|
`
`
`
`

`
`Int. Cl.: 25
`
`Reg. NO. 2,286,759
`Prior U.S. Cls.: 22 and 39
`Registered Oct. 12,1999
`United States Patent and Trademark Office
`________________________________
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`BABY BEAR
`
`INC. (NEW JERSEY CORPORA-
`BEAR U.S.A.,
`TION)
`85 METRO WAY
`SECAUCUS, NJ 07094
`
`FIRST use
`1-1-1999.
`
`1-1-1999;
`
`IN
`
`COMMERCE
`
`SN 7S—978,499, FILED 4-7—l998.
`
`PARKAS,
`NAMELY,
`CLOTHING,
`FOR:
`JACKETS, SWEATSHIRTS AND SHORTS,
`IN
`CLASS 25 (U.S. CLS. 22 AND 39).
`
`ALICE SUE CARRUTHERS, EXAMINING AT-
`TORNEY
`
`

`
` 1501774
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,559,155 IS
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM April 09, 2002
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`___;__
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`
`Int. CL: 25
`
`Prior U.S. Cls.: 22 and 39
`Reg. No. 2,559,155
`_
`
`Umted States Patent and Trademark Office Registered Apr. 9, 2002
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`BABY BEAR
`
`INC.
`BE4.F5b})J.s.A.,
`as METRO WAY
`
`(NEW JERSEY CORPORA-
`
`FIRST USE 8-0—2001;INCOMMERCE 8-0-2001.
`
`SECAUCUS* N’ 07°94
`FOR: CLOTHING, NAMELY, FOOTWEAR,
`SHIRTS, HATS, PANTS, SOCKS, GLOVES, MIT-
`raws, SCARVES AND CAPS, IN CLASS 25 (us.
`CLS. 22AND 39).
`
`SN 75-463,798, FILED 4-7-1998.
`
`ALICE sun CARRUTHERS, EXAMINING ATTOR-
`may
`
`

`
`.
`
`
`
`1501774
`
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`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,556,355 IS
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM April 02, 2002
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`
`
`N
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`1,
`
`I
`
`‘;'_ I
`
`:2?-
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`
`

`
`Int. Cl.: 25
`
`Prior U.S. Cls.: 22 and 39
`
`United States Patent and Trademark Office
`
`Reg. No. 2,556,355
`Registered Apr. 2, 2002
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`banvémear
`
`INC.
`
`BEAR U.S.A.,
`TION)
`85 METRO WAY
`SECAUCUS, NJ 07094
`
`(NEW JERSEY CORPORA-
`
`FIRST USE I0-0-200]; IN COMMERCE I0-0-2001.
`
`FOR: CLOTHING, NAMELY, PARKAS, SHIRTS,
`HATS, SWEATSHIRTS, JACKETS, PANTS, SHORTS,
`SOCKS. GLOVES, MHTENS, SCARVES AND CAPS,
`IN CLASS 25 (US. CLS. 22 AND 39).
`
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`SN 75-463,799, FILED 4-7-I998.
`
`

`
`7024790 Eowazd‘
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`
`
`United States Patent and Trademark Office
`
`-sj
`
`August 09, 2006
`
`
`
`
`
`~»_5_,_;:<.»_-._...:_.='5“"'A-IL-9’-'.§~.<‘§f'
`
`
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,285,696 IS
`
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM October 12, 1999
`
`SECTION 8 & 15
`
`SAID RECORDS SHOW TITLE TO BE IN:
`
`REGISTRANT
`
`LLLLLL
`
`A
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`<//z;«/;gw;.,L,>
`
`N. WILLIAMS
`
`Certifying Officer
`
`‘.._fir“..4\‘
`
`A
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`

`
`Int. CL: 25
`
`P °
`
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`.
`
`I .:
`
`nor U S C s 22_and 39
`United States Patent and Trademark Office
`
`Reg. No. 2,285,696
`Registered Oct. 12, 1999
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SQ./Jliear
`
`BEAR U.S.A., INC. (NEW JERSEY CORI’ORA-
`TION)
`276-A BLANCH AVENUE
`HARRINGTON PARK, NJ 07640
`
`(EXCLUDING GOLF SHOES).
`(U.S. CLS. 22 AND 39).
`FIRST USE
`9-0-1994;
`9-0-1994.
`
`IN CLASS 25
`
`IN COMMERCE
`
`FOR: CLOTHING, NAMELY, COLD WEATH-
`ER HATS, HEADBANDS, AND FOOTWEAR
`
`CHRISIE B. KING, EXAMINING ATTORNEY
`
`SN 74—625,219, FILED 1-24-1995.
`
`

`
`7024790
`
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`UNITED STATES DEPARTMENT OF COMMERCE
`
`Ta
`
`United States Patent and Trademark Office
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,559,096 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WIHCH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM April 09, 2002
`SAl]) RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
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`
`Int. CI.: 18
`
`Prior U.S. 03.: 1, 2, 3, 22, and 41
`_
`Umted States Patent and Trademark Office
`
`Reg. No. 2,559,096
`Regktered Apr. 9, 2002
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`£9 BEAII IISII
`
`(NEW JERSEY CORPORA-
`
`N0 CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO us]; "USA", APART FROM THE MARK
`As SHOWN.
`
`THE STIPPLING SHOWN IN THE DRAWING IS
`HAD
`P RPO
`ONLY.
`ING U
`SE8
`FOR: ALL PURPOSE ATHLETIC, SPORT AND FORS
`DUFF4I%. BAGS, IN CIASS 18 (US. CLS. I, 2, 3, 22
`SN 75_3-71,191, FILED 1o_]0_]997_
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`FIRST USE 4-0-2001; IN COMMERCE 4-0-2001.
`
`INC.
`
`BEAR U.S.A.,
`TION)
`85 METRO WAY
`SECAUCUS, NJ 07094
`
`

`
`
`
`§ @,@lL1EB
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2, 700,829 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM March 25, 2003
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`
`
`
`By Authority of the
`
`
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`77022”
`. MONTGO
`
`Certifying Officer
`
`
`
`
`
`

`
`Int. Cl.: 25
`
`Prior U.S. C1s.: 22 and 39
`.
`Umted States Patent and Trademark Office
`
`Reg. No. 2,700,829
`Registered Mar. 25, 2003
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`USA
`
`INC.
`
`BEAR U.S.A.,
`TION)
`40 OAK STREET
`P.O. BOX 424
`NORWOOD, NJ 07648
`
`(NEW JERSEY CORPORA-
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "USA" , APART FROM THE MARK
`AS SHOWN
`
`FOR: PARKAS AND JACKETS, IN CLASS 25 (Us.
`CLS. 22 AND 39).
`
`SN 75-983,105, FILED 2-26-1996.
`
`FIRST USE 4-0-1996; IN COMMERCE 4-0-1996.
`
`,
`
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`

`
`
`
`
`
`-
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`
`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
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`
`
`
`as.-3.!:3:3335-3eisannaLwmw3@¢3aLI<3s§omIuI3u43«sn3«30:p.
`
`
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,997,379 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM September 20, 2005
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`N.
`
`I
`
`IAMS
`
`Certifying Officer
`
`
`
`
`
`
`
`
`
`
`l|lII'l.Illl|||IlIl‘WlII|ll
`
`

`
`Int. Cl.: 25
`
`Prior U.S. 05.: 22 and 39
`
`United States Patent and Trademark Office
`
`Reg. No. 2,997,379
`Registered Sep. 20,2005
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`
`
`BEAR U.s.A.,
`TION)
`
`INC.
`
`(NEW JERSEY CORPORA-
`
`OWNER OF U.S. REG. NOS. 2,276,955, 2,700,829
`AND OTHERS.
`
`460 BERGEN BOULEVARD SUITE 400
`PALISADES PARK’ N’ ‘"550
`—
`
`X
`MA
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`DE To THE E CLUSIVE
`N CLAIM IS
`RIGHT TO USE "USA", APART FROM THE MARK
`AS SHOWN.
`
`FOR: CLOTHING, NAMELY PARKAS AND
`JACKETS, IN CLAss 25 (us. cm. 22 AND 39).
`
`SER. No. 7s—391,423, FILED 3-25.2004.
`
`FIRST USE 4_0_1995; IN COMMERCE 4_0_1996_
`
`ANN E. SAPPENFIELD, EXAMINING ATTORNEY
`
`

`
`
`
`7024790
`
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`33“
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`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`SJEZMQI
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,623,471 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM September 24, 2002
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`. MO TGOME
`
`Certifying Officer
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`
`Int. Cls.: 18 and 25
`
`Prior U.S. Cls.: 1, 2, 3, 22, 39 and 41
`
`Reg. No. 2,623,471
`United States Patent and Trademark Office Registered Sep. 24, 2002
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`bear-usa
`
`(DELAWARE CORPORA-
`
`CLUDING SHOES AND BOOTS, IN CLASS 25 (U.S.
`CLS. 22 AND 39).
`
`INC.
`
`BEAR U.S.A.,
`TION)
`530 SECAUCUS ROAD
`SECAUCUS, NJ 07094
`
`FOR: ALL PURPOSE ATHLETIC SPORT AND
`DUFFEL BAGS, IN CLASS 18 (US. CLS. 1, 2, 3, 22
`AND 41).
`
`FIRST USE 9-14-2000; IN COMMERCE 9-14-2000.
`
`FIRST USE 9-14-2000; IN COMMERCE 9-14-2000.
`
`OWNER OF U.S. REG. NOS. 2,276,955, 2,429,029
`AND OTHERS.
`
`SER. NO. 76-169,089, FILED 11-21-2000.
`
`FOR: CLOTHING, NAMELY SWEATERS,
`GLOVES, HEADBANDS AND FOOTWEAR, IN-
`
`HENRY S. ZAK, EXAMINING ATTORNEY
`
`

`
`
`
`;_J!‘;.@WL1_Q«§.1i 'l.§,£12;S:;;li;
`
`;S,.5.,l§;x§El.i§J §Q9.&A\ W3
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`.-W
`
`
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,429,029 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM Februaty 20, 2001
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
` N
`
`Certifying Officer
`
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`
`
`
`

`
`Int. CIs.: 18 and'25
`
`Prior U.S. CIs.: 1, 2, 3, 22, 39 and 41
`
`Reg. No. 2,429,029
`
`United States Patent and Trademark Office
`
`Registered Feb. 20, 2001
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`BEAR U.S.A., INC.
`
`BEAR U.S.A., INC. (NEW JERSEY CORPORATION)
`40 OAK STREET
`P.O. BOX 424
`NORWOOD, NJ 07648
`
`FOR: ALL PURPOSE ATHLETIC, SPORT AND
`DUFFEL BAGS,
`IN CLASS 18 (U.S. CLS. 1, 2, 3,
`22 AND 41).
`FIRST USE 9-7-1994; IN COMMERCE 10-17-1994.
`FOR: CLOTHING, NAMELY PARKAS, JACKETS,
`SHIRTS, HATS, HEADBANDS AND FOOTWEAR, IN
`CLASS 25 (U.S. CLS. 22 AND 39).
`
`FIRST USE 9-7-1994; IN COMMERCE 10-17-1994.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT
`TO USE "U.S.A., INC.", APART FROM THE MARK
`AS SHOWN.
`
`SER. NO. 75—063,343, FILED 2—~26—1996.
`
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`

`
`7024790
`
` {:p£ 3
`.1;-’l§lgS;
`'i_l®ét‘I\3=L;;”l_‘;(_9)‘/‘V/&0.13,I:£
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,384,568 IS
`
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM September 12, 2000
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
` NTGOME
`Certifying Officer
`
`
`
`
` mum
`
`

`
`Int. Cl.: 25
`
`Reg. No. 2,384,568
`Prior U.S. Cls.: 22 and 39
`
`United States Patent and Trademark Office Registered Sep. 12, 2000
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`BEAR MOUNTAIN
`
`BEAR U.S.A., INC. (NEW JERSEY CORPORATION)
`85 METRO WAY
`SECAUCUS, NJ 07094
`
`FIRST USE 6—l2—l993; IN COMMERCE 6-12-1993.
`
`SER. N0. 75—472,696, FILED 4-23-1998.
`
`CLOTHING, NAMELY PARKAS AND
`FOR:
`VESTS, IN CLASS 25 (U.S. CLS. 22 AND 39).
`
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`

`
`
`
`
`
`7024790
`
`
`
`EREIEQJQEASJ =%;Z 3
`'!1@A>!¢&"l.l@)W£.I4@23.I.£
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`Q
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,2 76,955 IS
`
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM September 14, 1999
`SECTION 8 & 15
`
`SAID RECORDS SHOW TITLE TO BE IN:
`
`REGIS TRANT
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`J/Mo
`
`Certifying Officer
`
`
`
`

`
`Int. Cl.: 25
`
`Prior U.S. Cls.: 22 and 39
`
`Reg. No. 2,276,955
`United States Patent and Trademark Office Registered Sep.1-1,1999
`
`
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`U.S:-A., Inc.
`
`INC. (NEW JERSEY CORPORA-
`
`BEAR U.S.A.,
`TION)
`276-A BLANCH AVENUE
`HARRINGTON PARK, NJ 07640
`
`FOR: CLOTHING, NAMELY PARKAS AND
`JACKETS, IN CLASS 25 (U.S. CLS. 22 AND 39).
`FIRST USE
`9-7-1994;
`IN COMMERCE
`l0—l7—l994.
`
`N0 CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "U.S.A." AND "INC.". APART
`FROM THE MARK AS SHOWN.
`
`SER. NO. 74—802,3S9, FILED 8-2-1994.
`
`RUDY R. SINGLETON. EXAMINING ATTOR-
`NEY
`
`
`
`

`
`I>
`
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`
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`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`August 09, 2006
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,199,125 IS
`CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND
`
`EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
`THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES
`PATENT AND TRADEMARK OFFICE.
`
`REGISTERED FOR A TERM OF 20 YEARS FROM October 20, 1998
`SECTION8 & 15
`SAID RECORDS SHOW TITLE TO BE IN:
`Registrant
`
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`Int. Cl.: 25
`
`Reg. No. 2,199,125
`Pnor U.S. Cls.: 22 and 39
`
`United States Patent and Trademark Office Registered Oct.20,1998
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`N‘)
`
`BEAR-MAX
`
`BEAR U.S.A., INC. (NEW JERSEY CORPORA-
`TION)
`40 oAI§.s'mEE'r
`19.0. BOX 424
`NORWOOD, NJ 01648
`
`PARKAS,
`CLOTHING, NAMELY,
`FOR:
`JACKETS. AND T-SHIRTS. IN CLASS 25 (U.S.
`CLS. 22 AND 39).
`.
`
`FIRST USE
`2-1-1997.
`
`2-1-1997;
`
`IN COMMERCE
`
`.
`
`SN 75—977,665, FILED 2-26-1996.
`
`ALICE SUE CARRUTHERS, EXAMINING AT-
`TORNEY
`
`

`
`Int. CI.: 25
`
`Prior U.S. Cls.: 22 and 39
`United States Patent and Trademark Office
`
`Reg. No. 2,199,125
`Registered Oct. 20, 1993
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`\~‘}
`
`BEAR-MAX
`
`BEAR U.S.A., INC. (NEW JERSEY CORI’ORA-
`TION)
`40 OAK STREET
`P.O. BOX 424
`NORWOOD, NJ 07648
`
`PARKAS,
`CLOTHING, NAMELY,
`FOR:
`JACKETS, AND T-SHIRTS. IN CLASS 25 (U.S.
`CLS. 22 AND 39).
`.
`
`FIRST USE
`2-1-1997.
`
`2-I-1997;
`
`IN COMMERCE
`
`-
`
`SN 75—977,665, FILED 2-26-1996.
`
`ALICE SUE CARRUTI-IERS, EXAMINING AT-
`TORNEY
`
`

`
`
`
`1574964
`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
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`February 07, 2007
`
`THE ATTACHED U.S. TRADEMARK REGISTRATION 2,691,242 IS
`CERTIFIED TO BE A TRUE COPY OF THE REGISTRATION ISSUED BY
`THE UNITED STATES PATENT AND TRADEMARK OFFICE WHICH
`
`REGISTRATION IS IN FULL FORCE AND EFFECT.
`
`REGISTERED FOR A TERM OF 10 YEARS FROM February 25, 2003
`
`SAID RECORDS SHOW TITLE TO BE IN: Registrant
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`
`,
`
`
`IELKA R WN
`Certifying Officer
`
`I,
`
`
`
`
`

`
`Int. Cl.: 25
`
`Prior U.S. Cls.: 22 and 39
`
`Reg. No. 2,691,242
`United States Patent and Trademark Office
`Registered Feb. 25, 2003
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`$9 BEAR IISA
`
`INC.
`
`BEAR U.S.A.,
`TION)
`85 METRO WAY
`SECAUCUS, NJ 07094
`
`(NEW JERSEY CORPORA-
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "USA", APART FROM THE MARK
`AS SHOWN.
`
`FOR: CLOTHING, NAMELY, PARKAS, JACKETS,
`SWEATERS, SWEATSHIRTS, T-SHIRTS, PANTS,
`JEANS, SHORTS, SOCKS, HATS, CAPS, GLOVES
`AND HEADBANDS, IN CLASS 25 (US. CLS. 22 AND
`39).
`
`FIRST USE 4-0-2001; IN COMMERCE 4-0-2001.
`
`THE STIPPLING IS FOR SHADING PURPOSES
`ONLY.
`
`SN 75-371,197, FILED 10-10-1997.
`
`ALICE SUE CARRUTHERS, EXAMINING ATTOR-
`NEY
`
`
`
`
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`______________________________________________________x
`
`BEAR U.S.A., lNC.,
`
`Opposer,
`
`v.
`
`ARMOUTH INTERNATIONAL, INC.,
`
`Applicant.
`____________________________________________________ .._x
`
`Opposition No.: 91 170064
`Serial No.: 76/631,094
`
`AFFIDAVIT OF THOMAS B. HONG
`
`THOMAS HONG, hereby declares and states as follows:
`
`1.
`
`I am the President of Bear U.S.A., lnc., the Opposer in this action
`
`and the owner of the BEAR Trademarks asserted in this Opposition and described below.
`
`I
`
`make this affidavit in support of Opposer Bear U.S.A. Inc.’s motion for summary
`
`judgment.
`
`I have personal knowledge of the facts and circumstances set forth below and if
`
`called to testify I could and would testify as follows.
`
`2.
`
`I have been the President of Bear U.S.A., Inc. (hereinafter “Bear”),
`
`since the company incorporated under the laws of the State of New Jersey in 1994. Prior to
`
`that time I, along with my other family members, was employed by Bear's predecessor-in-
`
`interest, my family’s retail clothing store in Manhattan. Bear is opposing Applicant’s
`
`application to register United States Trademark Application Serial No. 76/631,094 for the
`
`alleged mark “Bear River” because Bear believes that if this mark were permitted to
`
`register, Bear would be harmed because the mark would confuse consumers into believing
`
`that Bear is the source of Applicant’s products, that Bear has authorized Applicant’s
`
`

`
`distribution and sale of such products, and/or that Bear is in some way sponsoring
`
`Applicant’s sale of such products.
`
`3.
`
`Bear is a well known manufacturer and seller of high quality apparel
`
`products. Since 1993, Bear and its predecessor in interest (the Hong family business) have
`
`continuously used Bear’s trademarks in connection with the marketing and sale of various
`
`articles of clothing and footwear. These products include, among other things, parkas,
`
`jackets, tee-shirts, hats and boots. Bear’s products are sold to consumers of all ages.
`
`Although Bear’s products originally appealed primarily to teens and young adults who
`
`desired to achieve the “hip-hop” look in the clothes they wear, the high quality and of
`
`Bear’s products have made them popular items with twenty-, thirty-, and forty-something
`
`outdoor and sports enthusiasts, as well as with fashion and style-conscious consumers from
`
`all walks of life.
`
`4.
`
`Beginning as early as 1993, Bear’s predecessor-in-interest sold
`
`jackets, vests and parkas under the trademark BEAR MOUNTAIN. These products were
`
`high quality products made exclusively for the Hong family by manufacturers in China and
`
`Korea. Exhibit 1 shows photographs of a down vest and a

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