`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA365254
`ESTTA Tracking number:
`08/26/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184576
`Plaintiff
`Calypso Technology, Inc.
`HAE PARK -SUK
`BARNES & THORNBURG, LLP
`750 17TH STREET, N.W., SUITE 900
`WASHINGTON, DC 20006
`UNITED STATES
`hparksuk@btlaw.com, maryjane.frisby@btlaw.com
`Other Motions/Papers
`Hae Park-Suk
`hparksuk@btlaw.com, jfroemel@btlaw.com
`/hparksuk/
`08/26/2010
`HPS-int-adv-aff-cvr.pdf ( 1 page )(20986 bytes )
`HPS-int-adv-aff.pdf ( 2 pages )(43337 bytes )
`HPS-int-adv-1.pdf ( 25 pages )(2614830 bytes )
`HPS-int-adv-2.pdf ( 6 pages )(1092721 bytes )
`HPS-int-part-aff-cvr.pdf ( 1 page )(21274 bytes )
`HPS-int-part-aff.pdf ( 2 pages )(43601 bytes )
`HPS-int-part-1.pdf ( 25 pages )(2401907 bytes )
`HPS-int-part-2.pdf ( 9 pages )(727391 bytes )
`HPS-int-qp-aff-cvr.pdf ( 1 page )(20768 bytes )
`HPS-int-qp-aff.pdf ( 2 pages )(47065 bytes )
`HPS-int-qp-1.pdf ( 6 pages )(300289 bytes )
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`HPS-int-mf-1.pdf ( 18 pages )(1811600 bytes )
`HPS-int-tech-aff-cvr.pdf ( 1 page )(20756 bytes )
`HPS-int-tech-aff.pdf ( 2 pages )(43493 bytes )
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`HPS-int-hf-aff.pdf ( 2 pages )(39221 bytes )
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`HPS-int-hf-2.pdf ( 21 pages )(1974616 bytes )
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`
`
`#$%&'&()"(*"+,,*)-./)"0-'1((23"4*(&5-"*6"0-3&275-
`Exhibits to Opposer’s Rebuttal Notice of Reliance
`8.&7(-9"81'3&52(&*7):"82.2;"<
`Printed Publications, Para. 2
`
`1. Affidavit of Hae Park Suk
`
`=; >66&92?&("*6"@2-"82.A"B1A
`<; #$%&'&(">"C,2.()"=D<E
`
`Exhibit A arts 1-2
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91 184576
`
`Serial Nos:
`
`Reg. Nos.:
`
`78799018; 78798953;
`78797405;
`2852355; 2852354;
`2852353
`
`) )
`
`) )
`
`) )
`
`Calypso Technology, Inc.,
`
`Opposer,
`
`V~
`
`Calypso Capital Management, LP,
`
`)
`)
`)
`Applicant.
`W____—J
`
`AFFIDAVIT OF HAE PARK SUK
`
`Hae Park Suk, under penalties of perjury, hereby declares as follows:
`
`1.
`
`My name is Hae Park Suk.
`
`I am an associate with the law firm of Barnes &
`
`Thornburg, LLP. From my legal representation of Calypso Technology, Inc.
`
`(“Calypso Technology”), I have personal knowledge of the facts set forth in
`
`this Affidavit, except as otherwise stated, and am competent to testify as to all
`
`matters stated.
`
`In order to determine how frequently the term ADVISOR was used in
`
`connection with financial services but excluding hedge funds, on July 21,
`
`2010, I performed a search of the internet using the Google search engine of
`
`the terms advisor andfinancial.
`
`I reviewed the results for those uses of the
`
`term ADVISOR in the financial industry but not used in connection with
`
`hedge funds. Printouts from the websites showing use of ADVISOR in the
`
`financial industry but not in connection with hedge funds, are attached to this
`
`Affidavit. See Exhibit A.
`
`
`
`I declare under penalty of perjury, that the foregoing is true and correct.
`
`Executed this 26th day of August 2010.
`
`gt QMma 2571 1*\
`
`Hae Park—Suk
`
`DCDSOl HPARKSUK l46248vl
`
`
`
`, EXHIBIT A
`
`
`
`Advisors Financial Inc. l The Keys to Unlock Your Financial Security
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`
`About Streettalk Advisors
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`Page i of 2
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`STREETTALKADVISORS
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`BOUT STRE ETTALK ADVISORS
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`INVESTOR RESOURGES - At Streettaik Advisers, we understand that selecting the right firm to manage your money is
`“5‘”me “cums - one of the most Important decisions you will ever make. Our business Is founded on the
`principle that when our clients are successful, we share In that success.
`ascent ALERTS
`A Fresh and Personal Approach to your Portfolio
`In a complicated world, we can help make your financial decisions simple. We take time to
`discover your goals, tax status, investment horizon and risk tolerance, then work as a team
`to review your overall portfolio direction, create and then Implement an appropriate strategy
`to meet your unique needs. Our portfolios are not “one size fits all". Whether it’s mostly fixed
`income, balanced or growth oriented, the portfolio ls designed with you In mind.
`comer us I Our Commitment to You
`SEED ME lllFllllMM‘lll - The financial well being of our clients is our primary objective. We want to serve you
`effectively, efficiently and distinctively — whatever your investment and financial needs. We
`run; an “Damn!!!”
`believe that by adherence to the following principles, the financial health of our client’s
`I investment ls best served:
`
`‘ on»
`
`0 Conservation of the principal investment to protect the earning power of the portfolio
`over time.
`o The management of the portfolios for total returns in the form of capital appreciation,
`dividends and interest.
`0 To achieve the highest possible level of total returns for the portfolio while accepting
`the least amount of risk possible.
`0 To manage all portfolios in the most cost efficient manner while staying aligned with
`our clients’ objectives, time horizons and risk tolerance.
`0 To manage the portfolio for tax efficiency, but not at the expense of capital
`preservation.
`
`Proven Strategies and Disciplines
`Streettalk focuses on investment disciplines that have withstood the test of time. The
`consistent application of this philosophy Creates a group of portfolios that perform well in a
`variety of market environments.
`
`We continually assess our portfolios' performance attribution, risk, and diversification
`characteristics and employ quantitative risk factor analyses to determine the ramifications of
`the implementation of buy and/or seii decisions.
`
`Sell disciplines are an integral part of the decision making process. Our holdings are
`monitored daily and formally reviewed weekly to determine specific sell or cutback
`recommendations.
`
`Knowledge is Power
`Streettaik is currently managing accounts at Charles Schwab, Fidelity Investments and
`FOLIOfn. Our clients have access to our proprietary fundamental and technical analysis, fixed
`Income strategies, asset allocations, private managers and specialized investment products.
`
`We continually educate ourselves and pass this knowledge onto our clients, allowing them to
`make Informed decisions when it comes to their money. A daily radio show, weekly
`newsletters, quarterly updates, monthly statements, transactional confirms and on-demand
`email access allow our clients to stay on track.
`
`One Team Working for Your Future
`With a collective vision that our clients come first, we continually educate ourselves on new
`markets, investment opportunities, changes in tax laws and InnOVative financial planning
`techniques. We work as a team on your overall portfolio direction and strategy so that
`various points of view can weigh in to protect your money and ensure growth.
`Why rely on just one person for financial advice when you can have an entire team of market
`experts to review, make recommendations and Invest your money?
`
`Click the button below to learn how to get started with Streettaik Advisors.
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`http://www.streettalkiive.com/aboutus.htm
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`7/21/2010
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`
`
`About Streettalk Advisers
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`Strategic Solutions for the Informed Investor
`
`Lindner Capital Advisers applies a unique and academically sound strategy in portfolio
`construction, uiilizing the principles of "Modern Portfolio 'l'heoryf‘ Ogr portfolios are specifically
`designed to be consistent with the client‘s risk tolerance. investment objectives and time horizon.
`
`We offer Retirement. Tax-Managed, and 401 K solutions designed specifically to meet each
`client's goals.
`
`In order to provide the investor with individualized solutions. we prepare a written irivesunent
`Policy Statement with specific information covering client objectives and constraints. target
`returns, risk tolerance. time horizons. anticipated withdrawals, contributions. and taxation and
`regulatory issues‘
`
`To learn more about what Lindner Capital Advisors can offer you contact us at 800-229-4306 or
`email rig
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`Lindner Capital Advisers .
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`. Managing your Expectations.
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`ADV Part I! Document Contact Us. i Privacy Policy Document! Sim Editors 3 Stan Portal i Logotn 1 FAQs
`@2009 Liliane! Candi-ii Advise
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`600 Village Trace. Bonding 23, Suite 300. Marietta GA (30067 - (800) 229-4306
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`Lindner Capital Advisors — Financial Advisor, Financial Investments, Retirement Portfolios, lnve... Page 1 of 1
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`7/21/2010
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`
`
`Cunningham Advisors, Financial Studies in Commercial Real Estate
`
`Page 1 of 3
`
`Cunningham Advisors LLC
`Financial Studies in Commercial Real Estate
`
`
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`"Right on the Money."
`
`Cunningham Advisors provides financial consulting services to mid-
`sized developers of commercial properties in the Denver metro area.
`Our speciality is 30,000-40,000 office and retail buildings.
`
`_
`,
`.
`Expert in the use of ARGUS financial software, we provide answers
`and solutions to riddles typical of every development. We furthermore
`prepare lender and investor packages based on these findings, thus
`bearing up to the most intense scrunity.
`
`We add value to every development project - because of sophisticated
`cash flow models that make sure your ideas are right on the money.
`We also find solutions when they're not, and discover hidden
`opportunities along the way. Afterward, we prepare lender and
`investor packages that succeed in attracting capital.
`
`Three reasons why you can bank on our "findings":
`
`Experience: Hands-on experience in commercial real estate,
`development, renovation, and property management, all backed by a
`degree in accounting and real banking experience. Simply put, we've
`actually done it!
`
`Know-how: We know how to translate the "story" of a development
`into financial terms. This involves more than just addition and
`subtraction; we actually reshape the fiiur corners of the development:
`(1) amount ofproduct created, (2) revenue produced, (3) all-in cost,
`
`and (4) capitalfinancing.
`
`Not until all four corners are in "sustainable balance" is the project
`ready to move forward (usually four or five re-visions over several
`months).
`
`
`Technology; We use ARGUS financial software, the industry standard.
`(Many institutional lenders and investors won’t accept proposals unless
`they‘re based on ARGUS.)
`
`
`
`
`
`i These are the talents, experiences, and skills, that we bring to the table. Employed once,
`
`http://www.cunninghamadvisors.com/
`
`7/21/2010
`
`
`
`Cunningham Advisors, Financial Studies in Commercial Real Estate
`
`Page 2 of 3
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`it's rare for a client to proceed on the next project without contacting us first.
`
`
`
`
`Typical Assignments
`
`l.AR GUS Cash Flow models
`
`2.1 nvestor and Lender packages
`3.Deve lopment schemes
`4.R enovation strategies for historic properties
`5.C ondominium Conversion analysis and feasibility studies
`6.Due -Diligence, acquisition and/or investor
`
`Additional Services
`
`Project management; Team membership
`Marketing and pricing strategies
`Implement property management
`Web sites design and production
`
`Fees
`
`Bid ~ Based on information resources and complexity
`Hourly ~ $95 per hour
`Retainer * Discounted fee based on repeat volume of business
`Assignment - Full or part time Team Member for duration of project
`
`About U s
`
`
`
`
`
`Cunningham Advisors is based in Denver, Colorado. John
`Cunningham is its owner and manager. With an accounting degree
`from the University of Denver, John cut his teeth as the Manager of
`Special Projects, a problem-solving section of the area's largest bank.
`He owned and operated a commercial real estate management, leasing
`
`http://www.cunninghamadvisors.com/
`
`7/21/2010
`
`
`
`Cunningham Advisors, Financial Studies in Commercial Real Estate
`
`Page 3 of 3
`
`and renovation company for 12 years. He developed financial software
`in the early 19903 and pioneered a mortgage consulting profession,
`publishing two books along the way.
`
`
`
`With the emergence of sophisticated software, John wedded his
`commercial real estate experience with this new technology and has
`been providing small to mid-sized development companies with the
`same "back room" capabilities of big companies since 1996.
`
`You may contact us anytime by clicking on the e—mail address below,
`or by visiting the Information Center under the Contact Us section,
`which has our toll free telephone number, local number, address and
`so forth.
`
`Thanks for visiting!
`
`Back to top
`
`Site designed and developed by John Cunningham
`
`
`
`© Cunningham Advisors LLC 2003
`
`info@cunninghamadvisorscom
`
`http://www.cunninghamadvisors.com/
`
`7/21/2010
`
`
`
`Bull Group Advisors, Financial Strategy, Ohio
`
`Page 1 of 1
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`BULL GROUP ADVISORS, LTD.
`
`investment Management and Counsel
`
`Award Winning Investment Advisors
`Bull