Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA314434
`ESTTA Tracking number:
`10/30/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91176791
`Defendant
`MATTEL, INC.
`Lawrence Y. Iser, Esq.
`Kinsella Weitzman Iser Kump & Aldisert LLP
`808 Wilshire Blvd., Suite 300
`Santa Monica, CA 90401
`UNITED STATES
`CFitzgerald@kwikalaw.com
`Defendant's Notice of Reliance
`Chad Fitzgerald
`cfitzgerald@kwikalaw.com, jnoyes@kwikalaw.com
`/cf/
`10/30/2009
`Applicant's Notice of Reliance Re Printed Publications Volume 1 of 2.pdf ( 131
`pages )(10002033 bytes )
`Applicant's Notice of Reliance Re Printed Publications Volume 2 of 2.pdf ( 132
`pages )(8881814 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 78/751,105
`Published for Opposition in the OFFICIAL GAZETTE on December 12, 2006
`
`UMG RECORDINGS, INC.
`
`Opposition No.: 91 176791
`
`Opposer
`
`_
`
`V.
`
`MATTEL, INC.
`
`Applicant
`
`APPLICANT’S NOTICE OF RELIANCE RE: PRINTED PUBLICATIONS
`
`Vol. 1 of2
`
`55040.00084/48360.1
`
`

`
`Pursuant 37 C.F.R. § 2.l22(e), Applicant Mattel, Inc. hereby makes of record, and
`
`notifies Opposer UMG Recordings, Inc. (“Opposer”) of its reliance on, the following printed
`
`publications. True and correct copies of printouts of these publications are attached hereto as
`
`Exhibit A, and Applicant asks the Board to take judicial notice thereof:
`
`1.
`
`"The Bestselling Cars In America", which appeared in Newsweek Magazine on
`
`November 3, 2008;
`
`2.
`
`"Random photos from the archive: The 1984 Detroit Tigers" which appeared on
`
`www.sports.yahoo.com on September 16, 2009;
`
`3.
`
`"Jackson and Tigers (-1 10) trip Grienke and Royals in Motown matinee", which
`
`appeared on yvww.who2beton.com on September 17, 2009;
`
`4.
`
`"Motown Makeover", which appeared on www.wire2.rotoinfo.com on September
`
`17, 2009;
`
`S.
`
`"Motown Modown", which appeared on www.blogs.citypages.com on September
`
`18, 2009;
`
`6.
`
`"Can the Vikings Prolong the Misery in Motown?", which appeared on
`
`www.dailynorseman.com on September 20, 2009;
`
`7.
`
`"Sunday morning at the Dome", which appeared on wWw.sta.rtribune.com on
`
`I September 20, 2009;
`
`8.
`
`"Detroit City Council Weighs Barming Lap Dances", which appeared on
`
`www.xbiznewswire.com on September 22, 2009;
`
`9.
`
`"MOVING TO MOTOWN: Detroit awarded Ultimate Hoops league at Troy Life
`
`Time club", which appeared on www.lifetimefitness.mylt.corn on September 22, 2009;
`
`55040.00084/48360.1
`
`2
`
`

`
`10.
`
`"Skins Coming to Motown", which appeared www.gr_1agesh.com on September
`
`23, 2009;
`
`1 1.
`"Assigmnent Detroit: Why Time Inc, Is in Motown," which appeared on
`www.time.com on September 24, 2009;
`I
`
`12.
`
`"For Bills’ tackle Scott, nowhere to go but up" which appeared on
`
`www.democratandchronicle.com on September 24, 2009;
`
`13.
`
`"Nanookslstill have Motown on their minds", which appeared on
`
`wvvw.newsminer.com on September 24, 2009;
`
`14.
`
`"GM Breaks Off Washington Redskins Contract", which appeared on
`
`www.blogs.wsi .com on September 25, 2009;
`
`15.
`
`"Hollywood and Motown Slip Through an Economic Looking Glass", which
`
`appeared on www.opednews.com on September 25, 2009;
`
`_ 16.
`
`"From Motown to Hoetown", which appeared on www.thestar.com on September
`
`26, 2009;
`
`17.
`
`"HDI Motown"', which appeared on www.hdimotown.com on September 26,
`
`2009;
`
`18.
`
`"The Races: AL Central tightens", which appeared on www.mlb.mlb.com on
`
`September 26, 2009;
`
`19.
`
`"Detroit Diary - About Time: Real Detroiters Respond to National Press", which
`
`appeared on www.blogspot.com on September 27, 2009;
`
`'
`
`20.
`
`"'INSIDE GAMING: 'AIG effect’ sending meetings to Motown", which appeared
`
`on www.printthis.clickability.com on September 27, 2009;
`
`5504000084/48360.1
`
`3
`
`

`
`21.
`
`"Josh's Thoughts: Showdown in Motown", which appeared on
`
`www.blogspot.com on September 27, 2009;
`
`22.
`
`"MOTOWN STEPMOM GIRL", which appeared on www.blogspot.com on
`
`September 27, 2009;
`
`23.
`
`"Showdown in Motown", which appeared on www.b1eacherreport.com on
`
`September 27, 2009;
`
`24.
`
`"Biggs: Zorn expects to spend lots of time with Snyder", which appeared on
`
`wwwhationalfootballpost.com on September 28, 2009;
`
`25.
`
`"Showdown in Motown for AL Central", which appeared on www.about.com on
`
`September 28, 2009;
`
`26.
`
`"Twins move on to Showdown in Motowniafter losing series finale to Royals",
`
`which appeared on www.twincities.com on September 28, 2009;
`27.
`"Lions coach Schwartz bringing a good vibe to Motown", which appeared on
`
`www.da11asnews.com on September 29, 2009;
`
`28.
`
`"Sports, Spirits: Motown Blues", which appeared on www2.timesdispatch.com on
`
`September 29, 2009;
`
`I
`
`29.
`
`"Twin Cities or Motown?", which appeared on www.southtownstar.com on
`
`September 29, 2009;
`
`30.
`
`I
`
`"Motown dinner boasts Michigan's finest food", which appeared on
`
`www.easternecho.com on September 30, 2009 ;
`
`31.
`
`"Cleveland Knocks and Other Musings from Motown", which appeared on
`
`- www.faketea‘ms.com on October 1, 2009;
`
`5504000084/48360.l
`
`'
`
`4
`
`

`
`32.
`
`"In Finland We Trust, In Motown We Bust", which appeared on www.wjs.com on
`
`October 1, 2009;
`
`33.
`
`"Motown blues", which appeared on www.ft.com on October 1, 2009;
`
`34.
`
`"The Showdown in Motown didn't decide AL Central: Twins beat up Tigers 8-3
`
`avoiding elimination", which appeared on www.newser.com on October 1, 2009;
`
`35.
`
`"CBS Radio Takeover In Motown", which appeared on www.fmgb.com on
`
`October 2, 2009;
`
`36.
`
`"Kiss plant final smooch on Detroit's Cobo Hall", which appeared on
`
`www.abclocal.go.com on October 2, 2009;
`
`37.
`
`"Momentum in Motown", which appeared on www.broadcastingcable.corn on
`
`October 2, 2009;
`
`38.
`
`"Showdown in Motown leaves AL Central undecided", which appeared on
`
`www.news.yahoo.com on October 2, 2009;
`
`39.
`
`"The Day Has Arrived!", which appeared on www.wingingitinmotown.com on
`
`October 2, 2009; A
`
`40.
`
`"Blank stare for Tigers", which appeared on www.suntimes.com on October 3,
`
`' 2009;
`
`41.
`
`"Link to Motown lifts Johnson", which appeared on www.torontosun.com on
`
`October 3, 2009;
`
`42.
`
`"Market Eye: Jump-Starting Motown", which appeared on
`
`www.broadcastingcable.com on October 3, 2009;
`
`43.
`
`"Fantasy Football: Motown’s Mojo", which appeared on www.dmbosstone.com
`
`on October 4, 2009;
`
`5504000084/48360.1
`
`5
`
`

`
`44.
`
`"MLB Network Comes Through In The Clutch", which appeared on
`
`www.multichanne1.com on October 4, 2009;
`
`45.
`
`"Apple and Eminem's Music Publisher Settle Copyright Suit", which appeared on
`
`www.law.com on October S, 2009;
`
`46.
`
`"NHL Hockey Odds: Must-Bet Games of the Week", which appeared on
`
`www.bodoglife.com on October 5, 2009;
`
`47.
`
`"Pistol-packing preachers in Motown", which appeared on
`
`www.onenewsnow.com on October 5, 2009;
`
`48.
`
`"Five Lines Or Less", which appeared on www.battlecreel<inguirer.com on
`
`October 6, 2009;
`
`'
`
`49.
`
`"Time can give us a fresh look at Detroit", which appeared on www.freep.com on
`
`October 6, 2009;
`
`S0.
`
`"D12—Media tabs Tigers as Defender of Detroit way", which appeared on
`
`www.sports.yahoo.con; on October 7, 2009;
`
`51.
`
`"EMU’s Motown Homecoming is underway", which appeared on
`
`www.emutalk.org on October 7, 2009;
`
`52.
`
`"Heckendorf Returns from Motown, Minus Contract", which appeared on
`
`www.grayprintthis.clickabiliggcom on October 7, 2009;
`
`53.
`
`"Meet the Enemy: 5 Questions with the Blackhawks", which appeared on
`
`www.wingingitinmotown.com_ on October 7, 2009;
`
`54.
`
`"Meltdown in Motown: Tigers blow seven-game September lead", which
`
`appeared on www.roscommonherald-ncws.com on October 7, 2009;
`
`sso4o.ooo84/43360.1
`
`'
`
`I
`
`6
`
`

`
`55.
`
`"Motown Writers Network", which appeared on
`
`wvvw.motownwriters.blogspotcom on October 7, 2009;
`
`56.
`
`"Poppin’ Bottles In Motown & The Rest Of Week 3", which appeared on
`
`www.clubseatsports.com on October 7, 2009;
`
`57.
`
`"Tayshaun Prince Teaches Replacement Refs a Thing or Two", which appeared
`
`on www.motownstringmusic.com on October 7, 2009;
`
`58.
`
`"Twins get their much-anticipated chance with a four-game Motown showdown",
`
`which appeared on www.minnpost.com on October 7, 2009;
`59.
`"Twins, Tigers continue big set in Motown", which appeared on www.wbir.corn
`
`on October 7, 2009;
`
`60.
`
`"Why no black men among Time's saviors of Detroit", which appeared on
`
`www.freep.com on October 7, 2009;
`
`61.
`
`"Winging It In Motown", which appeared on www.wingingitinmotown.com on
`
`October 7, 2009;
`
`62.
`
`"Mystery in Motown -Motown Invitational Classic brings biggest gathering of
`
`LGBT bowlers", which appeared on www.pridesource.com on October 8, 2009;
`
`63.
`
`"Red Wings grind out 3-2 win over Blackhawks", which appeared on
`
`www.wingingitinmotown.com on October 8, 2009;
`
`64.
`
`"Red Wings, Blackhawks resume rivalry in Motown", which appeared on
`
`www.abc2news.com on October 8, 2009;
`
`65.
`
`"Sights and sounds of Motown", which appeared on www.time.com on October 8,
`
`2009;
`
`s5o4o.ooos4/43360.1
`
`7
`
`

`
`66.
`
`"Park West Gallery Hosts Benefit For Michigan's Children", which appeared on
`
`www.pr-canada.net on October 9, 2009;
`
`67.
`
`"Grown in Motown by urban farmers“, which appeared on wvvw.thestar.com on
`
`October 10, 2009;
`
`68.
`
`R
`
`"Upset-minded Lions welcome Steelers to Motown", which appeared on
`
`www.seattlepi.com on October 10, 2009;
`
`69.
`
`"Week Five Preview and Pick: Steelers come to Motown", which appeared on
`
`www.lionsgab.com on October 10, 2009;
`
`70.
`
`"Coach Tomlin Speaks Out Following the Win in Motown", which appeared on
`
`www/steelersgab.com on October 11, 2009;
`
`71.
`
`"Let's tell Time who's saving Detroit", which appeared on www.freep.com on
`
`October 11, 2009;
`
`72.
`
`"Steeler Nation invades Motown for Lions game", which appeared on
`
`www.mercedsunstar.com on October 1 1, 2009;
`
`73.
`
`"DREW SHARP ll PITTSBURGH 28, DETROIT 20: Steeler nation invades
`
`Motown", which appeared on www.beatthesportsbo0k.c0m on October 12, 2009;
`
`74.
`
`"Opponents can't beat the Red Wings‘ system? Not when the Wings are properly
`
`. motivated...", which appeared on wvvw.blo g.mlive.com on October 12, 2009;
`
`75.
`
`"Steeler nation invades Motown", which appeared on www.freeg.com on October
`
`12, 2009;
`
`76.
`
`"Biggs: Levi Jones gets a look in Motown", which appeared on
`
`vvww.nationalfootballpostcom on October 13, 2009;
`
`sso4o.ooos4/43360.1
`
`8
`
`

`
`. 77.
`
`"Detroit Scores Big For 2010 Conventions", which appeared on‘
`
`wvvw.clickondetroit.com on October 13, 2009;
`
`78.
`
`"GM" India plans roll out of 'Made-in-India Car by 201 1-2012", which appeared
`
`on www.wheelsunplugged.com on October 13, 2009;
`79.
`"Autoeirtremistz Oar Advertising Sucks", which appeared on
`
`www.thetruthaboutcars.com on October 14, 2009;
`
`80.
`
`"Motown cautious despite decent first-half numbers" — Daily News & Analysis,
`
`which appeared on www.dnaindia.com on October 14, 2009;
`
`81.
`
`"Bing: Detroit faces 'A'Perfect Storm,‘ which was a pretty good movie", which
`
`appeared on www.apps.detnews.com on October 15, 2009;
`
`82.
`
`"Wings beat Kings 5-2; Lidstrom Nets 1,000th Point", which appeared on
`
`www.wingingitinmotown.com on October 15, 2009;
`
`83.
`
`_
`
`"Detroit Automakers’ Rosy Outlook Defies Reality", which appeared on
`
`www.nflimes.com on October 16, 2009;
`
`84.
`
`"Football not only MU team Motown-bound", which appeared on
`
`www.marshaIlparthenon.com.on October 16, 2009;
`
`85.
`
`"New York Times to Detroit: See Below", which appeared on
`
`www.thetruthaboutcars.com on October 16, 2009;
`
`86.
`
`"No Shock Here: WNBA Leaving Motown", which appeared on
`
`wvvw.clickondetroit.com on October 16, 2009;
`
`87.
`
`"Steelers Looking To ‘Break the Mold", which appeared on
`
`www.bleacherreport.com on October 16, 2009;
`
`55040.00084J48360.l
`
`'
`
`9
`
`

`
`88.
`
`""Motowt1‘ Slports‘ Rev-i'vaI”" homepage, ’W[’1'i’Ch appeared on W"""""""}BIOgfl.S'p0t.COtfi on
`
`October 19, 2009;:
`
`89.
`
`"Report: Shock to relocate-‘to Tu‘1sa",) which: appeared on wwv‘w.so1'tSrietWo‘1ik.c0rn
`
`on October 19, 2009;
`
`90;.
`
`"Detroit in the News”, which appeared on _\gtrvW_“vyv_:A;_n_g_gl§?1;imedia.co1n on Ocrtober‘
`
`20, 2009;
`
`91.
`
`"Worker stir ttodaj/"‘
`
`Motown wheel‘St—"—,= which appeared on
`
`
`wvvxx/-r:dnairidi:é1’._<:;Lm1 on: 0ct‘obé:r 210,. 2009‘;
`
`92...
`
`"Ji’m Schwart'7'—'s Coy Attitude on Inj uries‘ Creating a Motown Mon'ster", which
`
`appeared on wWIw..-blteachere tortxcorn on Octoher 2-1, 2009’;
`
`93.
`
`"Uncle Kracker joins Kid Rock's 'Chi1IiIt' the? Most’ Cruise»",.whi'c1'r‘- a'ppeare'd- ‘or!
`
`www.mIive.c'o;m‘ on October 22'; 2009;
`
`94.
`
`"'Detroit Faces Siégé'vtBy‘HolIywo6d Movie", which appearecfi on
`
`on October 23, 2009;-
`
`95}
`
`"New Florence; New‘ Renaissance",t which appeared on: ww_\1._t1pevpad.com on
`
`October 23, 2009; am?
`
`96*
`
`TTABVUE —- 9'117896U%OPP-“35 dateti September 30,» 2009.
`
`Re"Sp'ectful1-y sub‘1'/Ihitgted;
`,
`KINSELLA wé1TzMAN tsER,.géUMP &
`
`K‘
`
`
`
`DATED: October 30., 2009.
`
`By:
`
`E
`
`Attorneys
`
`Applicant Mattel, Inc.
`
`
`ss'o4o,ooos‘4/43360.1
`
`10%
`
`

`
`
`
`Enterprise
`
`
`
`The Bestselling Cars
`In America
`
`HOT WHEELS DOES $1 BILLIGN iii ANNUAL SALES.
`
`THATS HELPED TO MAKE MATTEL MORE \/ALUABi.E THAN GM.
`
`BY KEITH NAUGHTON
`PAGE E10
`
`Hard Times: The Rich Are Selling a Few Guccis
`me: as
`
`Best Buy’s President on How to Compete in the Electronics Market
`PAGEE16
`
`Daniel McGinn on the Future of a’ Harvard M.B.A.
`PAGE E22
`
`EXHIBIT: A _
`
`PAGE:11
`Hot Wheels’ Pony Up
`
`

`
` EN'i'E§lPRISE
`
`CARS
`
`Hot VVheels are hot again. Parent company Mattel
`is now VV01‘tl] more than GM. Got an old Beach
`
`Bomb VVV model in the attic? You’re rich!
`
` How aTiny Toy
`Makes Big Bucks
`
`
`
`cm aurr: Derigvrcr 7&7):
`wit}: :1 life-size model
`
`EXHIBIT: A
`
`
`
`By .KF.I’1‘l-I NAUGHTON
`
`N XVEEKENDS, EDVVIN
`
`Norman likes to hit the
`
`Richwood Flea Market in
`
`northern Kentucky with his
`
`sons,ja’Mon, 5, andjulian, 6. But
`
`they don’t come to pick up a set of
`hunting knives. The Cincinnati-area
`father and his sons are shopping for
`
`wheels. The kind that come in a.plas—
`tit: package and cost a buck. Today,
`the young boys see plenty they like as
`they rush the table at the Mo Col-
`
`lectibles booth, squealing and
`
`squirming over rows ofshiny, tiny
`hot rods. ]a’Mon suddenly spots the
`car he likes—a metallic midnight-
`blue Suzuki—-snatches it up and
`waves it in his brother’s face. “I want
`
`to drive? this car when i'm'big,” he says.
`Their father looks on wismilly. “This” brings
`me back,” says Norman, 50. “I played with
`Hot Wheiels when I was a kid, and they look V
`forward to getting new onesjust like I did.”
`In the f'atl—dr'iven fantasyland of toys,
`Hot Wheels-has had an incredible ride.
`Those pocket rockets have been racing
`down their familiar orange tracks for four
`decades now and, unlike the real car mar-
`ket, show no signs ofslowing down. Last
`year Hot Wheels set a record, as sales
`surged by 16 percent, and they contin ue to
`accelerate in 2008 even as tlwecononiy
`tanks. In fact, as Motown melts down,
`A Hot Wheels is heating up. The tiny toy
`cars’ parent company, Mattel, now has a
`market capitalization that surpasses Gen-
`eral Motors. 'I‘hat’s right——Wall Street
`thinks the maker oftoy cars is worth more
`than the largest real carmaker in America.
`And why not? Hot Wheels is still a
`growth engine that analysts say does 81
`billion a year in global sales. In the $2.3
`billion U.S. market for toy vehicles, Hot
`Wheels has been a leader for years. ac-
`cording to retail I‘CS€.‘31K'(2l'1t31‘NP]) Group.
`Mattel says it has produced 4 billion Hot
`Wheels since 1968. And Hot Wheels suf-
`
`fers none of the age angst afllicting Mat-
`tel’s other icon, Barbie, the Norma
`Desmond of dolls. Now Hot Wheels is
`
`getting the star treatment. There's a Satur-
`day-morning cartoon, “Battle Force 5,” de-
`buting on Cartoon Network next Fall.
`Hot Wheels movie from “Matrix" produe—
`erJoel Sil\'er and Warner
`1 2
`l’ll(')"l‘O('iR.=\1’ll BY GR i5Z('5('} Sl-2('§;‘\l. l'~‘OR
`l£\-VSWIZI-IK
`
`

`
`Etlirrttttpsltxsz’ ‘ems
`
`oilierings are descendants ofthc original
`tracks that first put the toy in motion. “It’s
`the circle of life," says Hot Wheels market-
`ing executive Geoff Walker. These days,
`adult collectors make: up a quarter ofthe
`Hot Wheels basic car business. At a. Hot
`Wheels convention in Los Angeles a few
`weeks ago, a collector paid $70,000 for a
`rare pink Beach Bomb model, a 1969’VW
`bus with a surfboard sticking out the back,
`which never went into production" because
`it was too small for the track. (The pink
`color was an attempt to attract girls, which
`didn’t take. Hot Wheels have always been
`to boys what Barbie is to girls.) A new
`price threshold might bejumpcd when
`
`Boys love cars. What
`drives the resurgence
`of Hot Wheels is the
`nostalgia of dads
`finding their old
`tracks in the attic.
`
`
`MODEL ACTIVITY:/1 Hot WlzeeIswco7zvenrion in La: l*'e§7.gfbr dmg71c)
`
`
`to:0). /‘me [72 the ;?mzz‘[v room
`
`collectors bid on a diamond—encrusted
`Hot Wheels racer, valued at $140,000, be—
`ing auctioned this month to markthevcar
`linc’s 40 th anniversary.
`Among the bidders will be Bruce Pas-
`cal, 47; i\ Washington, D.C., real-"estate
`agent who has a Hot Wheels collection
`valued at $400,000. As the stock market
`melted down, he still paid $13,000 for a
`rare “ovcrchromecl” Ford T-bird from the
`original Hot Wheels catalog. “I’ve looked
`over my portfolio and I’m down in every-
`thing except Hot Wheels,” he says.
`Analysts sec investor exuberance for
`two-inch toy cars as adult rationalization
`for engaging in child’s play. “'1‘hcy might
`think ofit as a poor man’s commodity ex-
`change,” says modern-history professor
`Gary Cross of Penn State. “But what
`the§—~’rc really doing is collecting their
`_\_touth.” And that drives up revenue,
`though Mattel didrft realize it at first.
`When adults first started gatheling to
`swap cars 21 years ago, “Mattel didn’t
`want anything to do with us,” says Mike
`Strauss, who has organized the swap
`meets since the beginning. At his conven-
`tion at the Hilton
`this month, $2 mil-
`lion worth oftoy cars changed hands, in-
`cluding one $168,000 collection unloaded‘
`by man to help pay for his divorce.
`With that kind ofnioney on the table,
`.\I-attel now rolls up big, providing product
`and, most important, its stable ofHot
`Wheels designers to autograph their
`creations, which typically dorft leave the
`packages (the better to hold their value).
`5ZI‘.1~’:- Iliif.
`
`
`'..''..i .O« ‘t’-‘IR 3,155/Wiic.~(}l:’l'! Y 7.)‘L'\(}FS. (i
`
`the works. And Wal-i\zku't, America's No. I
`toy seller, is featuring two Hot \~’\-’l1ccl.s
`sets, Trick Track and Beast Bash, in its big
`“Ten Under $10" holiday promotion. “ Hot
`Wheels’ basic fantasv is something that is
`timeless-—it’s cool, fast and powcrtiil," St1}'S
`toy analyst Chris Byrnc.
`The brand is riding a hot streak because
`it reconncctctl with little boys and their i'a-
`thers. “Dads would
`the old blue box and
`say, ‘I 1'cn1c.ml)crtliosc’," says Larry Wood, a
`former Ford (lc-signer who started pennin
`lrlot Wlicels in 1969 and constituted tl1ccn-
`tire design stallfor much oi‘197(J.s. "Our
`sales took oil?" Eztrlicr this decade. llot
`Wliccls took a wrong turn by going aftt-r
`older boys who were getting their car play
`from vidcoganies like Grand '1‘hcft Auto. To
`try to get those big boys to put down their
`
`E12
`
`=.\?t:ws\x'r;1-:1;
`
`.\?c)\>1~:.uisi4:1<.3.2ous
`
`game controllers. Hot \Vhccls came up
`\‘.'l[l‘l ever morec1aboratc—:uidcomplicat-
`ctl-pla); sets. One, the Slimccano. fcaturctl
`a slinie~s1>te\\ing;j volcano that cars had to
`nan'gatc——antl parents had to l:l’_\‘tt1)it>'SL"lTl-
`blc. But no niattcr how lllllC_\‘ Hot \\'liccls
`became, the vid kids wort-n't intcrcstctl.
`Then about thrcc _vcars:15__;o. I-lot Wliccls rc~
`tu med to its l‘()()fS~-~SlDlplt‘ tracks that snap
`together quickly and fast cars that c\1:itt= 5-
`to 8—_\'car~oltl l>o§'s_iust coming out oitlicir
`Thomas thc Tank liliigiiit-_\'ca1'x. “We were
`trying too hard to push thc brand olclcr."
`says Tim Kilpin, the .\lattcl senior VP who
`steered llot Wliccls back to basics.
`
`had to niakc it cool for the rig‘l1t-z1g'cl)r)_\‘s."
`.-\.nt.l that age turns out to be under 10
`and over 40. The rust-colored roadw;iys
`and loop—thc-loops ofltlot \\'liccls' latest
`EXHIBIT: A
`
`

`
`More than 100 grown men lined up in a
`courtyard at the Hilton to meet the design-
`ers they idolize. “A part of me feels like a
`geek telling people I’m going to a Hot
`Wheels convention,” says Carlyle McCul-
`lough, 43, communications director for a
`Texas church. “But it’s not like we’re going
`behind a closed door and going ‘vroom,
`vroom.’ Well, not very often anyway.”
`It hasn’t always been a smooth ride. The
`Hot Wheels story has many twists. It began
`in 1967, when custom hot rods ruled the
`road in Mattel’s southern California neigh-
`borhood. Mattel cofounder Elliot Handler
`wanted to capitalize on the craze and give.
`boys a toy on par with Barbie. Back then,
`boys played with toy train sets. Toy cars
`were crude contraptions, with wheels fused
`to their die-cast bodies. Handler asked a de-
`signer to rig a car from British competitor
`‘
`Matchbox (now owned by Mattel) with
`wheels that actually spun. An hour later, the
`designer had a prototype. The boss gave it a
`flick and it zipped across his desk. “No '
`those are some hot wheels,” Handler report-
`edly said. And a franchise was born.
`Vlfhen the first flamcd—out, chromed-
`
`up cars appeared in 1968, with names like
`Hot Heap and Heavy Chew, they took off
`like dragstcrs. Mattel figured it had :1 hot
`product it could ride for a year or two. But
`the toymaker discovered that as long as it
`rolled out new .rno(lels—revvcd-up repro-
`ductions of Detroit muscle along with
`flights of fancy like the skull-faced Bone
`Shaker—bo_vs kept coming back for more.
`“The cars change every year, so you have
`perpetual contemporaneity,” Cross says.
`“That’s what makes Hot Wheels go.”
`What made them stall was any design
`change thatslowed the cars down. In
`1973, to cut costs, Hot W'heels cheapened
`the cars’ piano-wire suspension, which
`made sales go cold. Designers fixed that
`and Hot Wheels took otfagain. In 1977, to
`save a penny per car, Mattel stopped
`painting a thin red line around the tire
`sidewalls. (Keeping the price under a buck
`a car has always been critical.) Today, col-
`lectors pay hundreds for those original
`“Red Lille" Hot VV.heels..
`These days, Hot W’heels does as much
`business for Mattel as Barbie, toy analysts
`say. And there are now 35 designers, kick-
`
`ing out 300 new models 21 year. Lately,
`they’ve been toiling in a “trechouse” on the
`company‘s backlot in El Segundo, Calif,
`while Mattel builds them a new hangar-
`size studio nearby. You can climb to the
`second-floor studio on a rope ladder hang-
`ing from a faux tree, or you can simply take
`the stairs. Once aloft, you find a tree fort
`outfitted like a gearhead’s garage, with a
`gleaming chrome toolbox, a eheckerl)oa.rd-
`flag floor and corrugated metal bulletin
`boards where designers hang their latest
`works with magnetic lug nuts. “This is our
`brainstorm area,” ‘Wood says. Detroit’s real-
`car designers are trying to escape to this my
`land. “I got a call today from guy in Detroit
`asking ifwe had any positions open,” says
`designer Alec Tam, 37, a second-generation
`Hot Wheels designer whose father penned
`the original Beach Bomb. “The little cars
`are very similar to the rec -car business
`from a design -standpoint.”
`just like their big-car cousins in De-
`troit, Hot Vi/"heels designers went to art
`school and now create cars on computer.
`They zap their digitized designs to virtual
`model makers in Asia, who send back on-
`
`
`
`-HOT WHEELS HISTORY
`
`twth-anniversary
`special
`
`5 Hot‘ H/7zeeLs nmzr 40 rlzzltg-cm; and the lamnd has a lot to cclebr:zte-
`sales lastyear were the lziglzert in its lzzlrrozy. The road thatgot it there:
`
`'i'§$.'?:' Matters head of design,
`Jack Ryan, creates fast-spinning
`wheels that aliow die-cast cars to
`
`1
`'
`
`
`iLittle Cars, Big Sales
`
`E ‘#995:
`Tcmark its
`‘ 25th anniversary,
`1 Hotwheelslssuesaline
`of196B models, featuring red-lined
`tires, vintage packaging and collec-
`tor tokens.
`
`rollfasterandfarther.
`
` corvette, 1968
`
`1557: Hot Wheels creator Elliot
`Handler coins the brand name in a
`moment of excitement after see-
`ing the first prototype zip across
`his desk: “Now,tl1ose are some
`hot wheels!”
`1958-The orlginal16 Hot
`
`D
`
`‘£93’?! The brand sponsors the
`popular drag racers Tom (the
`Mongoose) McEwen and Don (the
`Snake) Prudhomme.
`
`
`
`3933: Flying Colors series, fea—
`turlng enamel paint and printed
`decals, is released.
`393?: To save a penny per
`car, Mattel stops painting red
`lines on the tires. Red Line cars
`become collectors’ items, selling for
`hundreds of dollars.
`
`?9$?? Hot Wheels signs a deal
`with NASCAR driver Kyle Petty and
`releases its Pro—circuit series.
`
`v
`
`~
`
`V
`
`3898: The 2 billionth Hot Wheels
`car is produced.
`Forty new cars are
`also created, and
`the racing line is
`expanded to
`’
`include a series
`of large Formum ms"
`
`E
`
`Twin Mill,
`1969
`
`,,
`
`Emma
`H" whee”
`
`
`.
`
`3535: The Hot Wheels Hall
`of Fame opens at the Petersen
`Automotive Museum in
`Los Angeles.
`
`2998: To commemorate its
`40th anniversary, Hot Wheels
`creates a one-of-a-kind jeweled
`car, covered in 2.700 diamonds.
`Valued at $140,000, it is to be
`auctioned for charity.
`
`'
`
`
`
`
`
`
`
`
`
`
`car count
`
`
`
`
`
`
`
`
`rs a a
`ee
`0
`5 up for an exclusive Hot Wheels line.
`5 saw and Rea‘ Rider tires which
`
`
`toned Pff the assembiy
`2369‘ The 0 mar Monster Jam
`use lieal rubber tires on 2;
`lastic
`lines slnce1968.Thats
`I,
`f
`'
`1 pt” k ,
`I
`d
`: h h f_
`t
`3’
`
`more than Detmips Big
`me a mans er ruc s IS re ease .
`u ,
`lrs appear.
`_Three have produced
`239?: The first full-size car
`rear: The first collectors’
`convention is held in Toledo.
`3 based on a Hot Wheels design is
`In 3 GBMUPY Of
`
`Ohio, and the 0olor-
`I unveiled. Patterned on the best—
`automaking.
` Racers series, which
`selling 1969 Twin Mill, it boasts a
`allows people to cus-
`1,400—horsepower engine.
`
`E
`tomize their cars’ paint
`$OLillCE: §i!\'l"l‘EX.
`jobs, is released.
`
`
`
`and the jg.-,n1c_ rlexlme orange
`track is i"t"°d”°ed-
`D80”, 1968
`
`
`
`
`
`.
`
`
`
`
`
`
`
`
`LET-TT') BEGEFTI Si-”,\\'$\Kv'l>Z!-1!: ll.l.L'$‘l'EU.'Yl.{).‘-' ('E'H.\('K LCX!1’;, C!}CKTF.S‘1' 07" .\
`
`EXHIBIT: A
`
`PAGE:14
`
`

`
`EFITERPRISB leans
`
`coded files that are then used to produce
`3-D renderings. The entire process takes
`just days, and a car created in January can
`be hanging on a peg‘ at the toy store by
`summer. The process in Detroit can take
`four years. Another contrast: since you
`don’t_' need a loan for a 99-cent car, sales
`ibran individual model can top $1 mil-
`lion. “Pve designed the bestselling pro-
`duction car in GM history; it‘s crazy," says
`GM designer Arnaury Diaz-Serrano,
`referring to his Chevroletor retro racer,
`
`which became a Hot Wheels model last
`
`year in a design contest Mattel conducted
`with real-world carmakers.
`
`Hot Wheels takes no pleasure in De-
`troit’s pain. “\Ve need Detroit to exist for
`us to be successfill,” says Vvalker. After
`all, Hot Wheels bestsellers remain repli-
`cas of classic Detroit iron. For decades,
`Motown has shared its top—secret blue-
`prints of upcoming models with Mattel
`so that the Hot Wheels and real-wheels
`
`versions could debut simultaneously.
`
`'Fhat’s happening again in November at
`the LA. Auto Show, when Ford unveils a
`new design for its Mustang. As soon as
`the wraps come off the candy-red pony
`car, the journalists covering the intro-
`duction will be handed the '/64th-sc_ale
`Hot Wheels replica with a matching
`paint job. “It helps sell the real thing,”
`explains Ford licensing executive John
`Nens. Barbie might get old. But boys
`and their toys never grow up.
`With PA'I‘R1CK Cnowutr
`
`
`§.§<:§fiiS ofK be: Cerf Eeellers in Efieie
`
`iee eel-earn er im. Sm-We eeeid he gene en en eeee.
`
`al-Mart might not
`have riifiieuity sell-
`ing Roi: Wheels this
`year: he-*. emit: deni-
`_ era are 5rI~1eg;_;§i51g to {none the
`f reei tiring. due?
`€33.53: Sell Sr”
`whose family has heen seiiing
`care for 3:’: gears. mat isg until
`i}er:eniE2e:', where 1319 Leezrarzéw
`mwn, §\»1<i._, Enzeisiese wiéé and {or
`the 89:33: menses to the sinniniog
`rations egg and z;rer§it crazrmia.
`with sales less than half wire:
`may were at the iieginaiing of
`inn iseeetie, 842?? could no longer
`make a go :37’ the fienerai ivlomrs
`i§E3£i§‘.3i’Z’i~§li§} iris ;»§:*2:ntif22t%zer new
`innsinesi. "ifs ve;‘yen1elione3,”
`says iieéis 1&2. “$331 father‘ 3312?; his
`?%821§"iii!¥(} sooé in this eusiness,
`‘foe feel Hire jgoifraz Eetizing
`érian elown."
`'t‘.*3s>.3i2 are tieye of desgsair
`for ear zlezzéers. flreit rim}; were
`22%: iv
`4;iz‘1g;;_§2.s prizzesr flier;
`the i3Pl:;{£\} on Wall Street §’r£='2e~
`’
`> credit, makizsg ii riiffienit
`eieaiers in iiraenee {heir iz‘:=;en«-
`5 éories 322:? i3e:~(§e2* yea for he};-
`eze its gei car inane-23:2 few
`E321:;e:*3 imsee esiongiiz ‘Le resa-
`‘izzre inta é§i3f)W§”§3*0§T1$,V>‘l3§7(Z§‘s
`E nazze §‘x§’§=.’3 feel of zizansoéesznze
`=
`iéeese
`{Ear sales: €3{3§iZi§$8£i
`
`5-
`in Ss2;:?;etnhe1: €:»2lls’n
`'1
`0922*‘ zmci iii-Cay -::r.)ntim:e-:§ thizir
`eéizie $4: C§€:£eE>e2*. Rae pain. has
`
`snrezad 1.2533:
`22;: riietresseri Be
`iroit zazzzozzzzzkere to izeeéiizy
`? Q§’:£“E"§§&§i<a‘§€‘-S
`iziégetri, WE‘%iI3§'§
`»
`.<:.:z€‘éere:i'
`2;
`gieeeezii zfeeiine
`
`
`
`$§§?§?§E@ $.39;
`
`in Septerzilznr. "'£}ez;iea~s we
`lime iseen in this business for
`rfieezadee say iizeyve never seen
`Zli1y‘li§§32§_§§§§(8?.i}lfSf'§§rH’u§fi&
`Sylrown trees} of the ilznioaéei
`
`éiaztriisraisiie Qeziiere 23:
`«::u':%;:-
`tien, said 3:; heir-:>%t in fietober
`as she ;3z“t::2‘%<;:ée§i
`55?:?£iiE3?‘f-L
`eéoeiri
`éléis
`be
`ma: migiitéf. ’€:;s’:3 nzai
`egztéazzéeiie.
`zine
`5;? Le “--
`iemhrzr 633% {Sealers em 22$»-
`reezigx c§Q$fi{£{ ax
`dazzkeezz.
`'iZE{} ei" niztoééaaiie
`cm‘ seié
`our
`znere Eéize ililisii
`i3li$i?lt:‘..‘5..‘<§ and zzzioriaea’ ?.'3%€5£’z
`
`,
`
`§}é'1lil4.i‘Ll§)i in Segiierniaer. §.>21r§~
`innking £3 smrezs. Efzgaiczaily.
`ei‘:=ou{ 236 of §1:nerix:2:‘s EH5?
`cieaéerz-z (2%
`(merry year:
`§e%mz2:2“32.
`E <:oeid:2‘t ;;.-2:5». away 3
`i3?‘§i£$2 by ?V?§i:‘§-(5
`E %#21$‘i2il{§i’7;§EEE
`Eeeeézuéee Es: rmsée for finess-
`says dzaeéeszzza.
`has
`zxéesaeri %?§E"i3% cle2;§<::rsl1i;3r; hui.
`r§:mz2E:2a ;;rz2§é‘za§3ie..
`
` gen’
`iéinlzi
`3:::?;e:‘s worse‘
`fiiamih ii1en22i:i:>;2";:: .<.aez;:>;2:i
`$351522‘; an;
`‘ea:z§er._§:::»;: 2:22:42? ii
`*.a:;sI.§i(i
`‘
`gee iémie leans
`%'.=1i‘e:"~.<s wéih C1‘€:(3l§"Z mores eaiow
`"ié:£;=. fire Eiiifiiéi er.
`(3
`oi“?
`ziezariy §2ai%‘%.§:ré £2233‘ imyers; in
`§i¥}é?i‘lG£i,£il113€2ii§E}l$i7§:2§.%E3i‘**
`eeszi
`senses‘
`
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`:3 run," Jaeéxeen
`pay the
`
`.
`
`me
`seyés “Fl
`1“ mild
`easfiy E3-1}
`<,2:13;“X
`see? of our §r;':§‘§ie."
`finaigxszs have medieteé a
`:‘;=;<:§:cmin;,§ for new ziezaaierx; for
`je.-;a:*s.?k1e Seigroit: Big Three
`inane kept m2.r1y:-float; £25,: using
`
`their own fie: *:eEr1g_oeera'=n;a:25
`iioth to sohsidize loans iiiéaé
`dealers one to not new niedelé;
`on ‘ziééi simnmoeni dear and to
`' srluse saées wéifiz i>u}gers. ‘fizaifs
`Eefl em. Fermi and‘Ci:;*ysie:‘ with
`Téfiééé észzgieréa ezinngir to i§{'2\;'{I':”
`iii
`of the 3.8. ear marw
`em. Dr;i:‘z>i?‘$ steozhiizezé
`. :na.~i~;et share
`to I33
` 55%!”
`sfserszesit. ixhrm met ,-’3m{3f‘lé.:§€
`1e:a:ii<e:*a€~.::“e
`running: on? of
`*7
`' no éinzza in fix tiéemeeives,
`
`iliejfre :'=;hL.1£3:i:1g -:>fé' ezaey m:me3,=
`for rissaiere.
`had
`zzgswfaae wires
`
`213%: t:
`anti by a denier“.
`{lame £1}
`,:1*i;
`seine :snt%:s§‘a<:~
`{ion in ibis; ‘turn of L-”."JiEi':§5. Bu‘:
`car :§§>.;«s§e:'.<;%§;2s izeczezsniz for
`one §‘§f%§1o‘:‘a§i £}.$. reieilsales
`am? am: niierta the néggesz loeai
`l>12:si22e:2e., »‘—=;n2"=§o;<ing hasntiretis
`1;:
`.
`-21* iize Lime
`
`res-:3
`
`
`
`.
`
`es“-is aznorzg ii
`at
`,5: r»:
`foam, fie: {:€1’y’¥
`s;i;:z::3g 33;; Ezimtazzcitmom sziie
`
`
`gzezis". "Ger not -of
`big; as ;32”3G;.‘2?::
`:';¢.3;;<; Seél. wz‘ “
`
`,
`
`-:>%' not mowing
`.
`.
`The
`ageing), re %*:z2g2een."*
`W'§1&i?
`Mzayiae he Siéééiiiii loos: intro sell-
`éng‘;
`423.1%.
`
`
`
`‘
`
`
`
`Herirré of .,
`
`i.
`
`§°§5%
`
`\; ‘>5,-.‘».k.':‘:;.,;\
`
`EXHIBIT: A
`
`PAGE:15
`
`

`
`. Players
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`Player Search
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` A 9 ‘sponfsanoar A;
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`Big League Stew
`
`Wed Sep 16, 2009 3:11 pm EDT
`
`Random photos from the archives: The 1984 Detroit Tigers
`
`By 'Duk
`
`http://sports.yahoo.com/m lb/blog/big_1eague_stew/post/Random-photos-from-the-archives. .. 10/7/2009
`
`EXHIBIT: A
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`PAGE:16
`
`

`
`1984 Detroit Tigers — Big League E—3tev-1'3 10 1:-?€1I"ICl0m Photos
`fi'CIt'r‘I Big League Stew on Flickr
`
`They're celebrating the 25th armiversary of the 1984 World Series title team in Detroit this year and so long as the
`current team doesn't blow it, Motown will soon be celebrating in style with a division championship — the
`fianchise's first in 22 years.
`
`Of course, it seems almost sacrilegious to put the '84 and ‘O9 squads in the same sentence, but that's not a knock on
`Curtis Granderson(notes1& Co whatsoever. The '84 Detroit Tigers put togeth