Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA300089
`ESTTA Tracking number:
`08/10/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91185802
`Plaintiff
`United States Postal Service
`Jennifer A. Van Kirk
`Lewis and Roca LLP
`40 North Central Avenue, Suite 1900
`Phoenix, AZ 85004
`UNITED STATES
`TRADEMARKS@LRLAW.COM
`Plaintiff's Notice of Reliance
`Jennifer A. Van Kirk
`trademarks@lrlaw.com
`/Jennifer A. Van Kirk/
`08/10/2009
`noticeofreliance.pdf ( 179 pages )(5765293 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`UNITED STATES POSTAL SERVICE,
`
`Opposer,
`
`v.
`LOST KEY REWARDS, INC.,
`Applicant.
`
`)
`
`3
`5
`3
`3
`
`._
`
`Opposition No.
`
`91185802
`
`Mark: LOST KEY REWARDS & design
`Serial Number:
`77/407,614
`Published:
`07/15/08
`
`NOTICE OF RELIANCE
`
`Pursuant to 37 C.F.R. §§ 2.122(d), 2.120(j)(3)(i) and 2.122(e), Opposer United
`States Postal Service (“USPS”) hereby submits this Notice of Reliance.
`
`I.
`
`U.S. Trademark Registrations
`
`to Rule 2.122(d) of the Trademark Rules of Practice, 37 C.F.R. §
`Pursuant
`2.122(d), TBMP § 704.03(b)(1)(A), and Fed. R. Evid. § 401, Opposer hereby makes of
`record photocopies of certified status and title copies of its U.S. federal registrations
`covering the Round—top Collection Box design, Fed. Reg. Nos. 2711226 and 2708659,
`identified in the attached materials as Exhibit A.
`
`II.
`
`Discovery Responses
`
`Pursuant to Rule 2.1200) of the Trademark Rules of Practice, 37 C.F.R. § 2.120(j),
`TBMP § 704.10, Opposer hereby makes of record portions of Applicant’s Response to
`Opposer’s First Set of Requests to Admit, specifically, Applicant’s Response Nos. 1, 2, 5,
`6, 7, 10, ll, 13, 14, 15, 16, 22 and 23. Copies of the relevant portion of Opposer’s First
`Set of Requests to Admit and Applicant’s Response to Opposer’s First Set of Requests to
`Admit are attached at Exhibits B and C, respectively.
`
`Opposer also hereby makes of record portions of Applicant’s Response to
`Opposer’s First Set of Interrogatories, specifically:
`
`Interrogatory No. 1 and Answer No. 1
`Interrogatory No. 3 and Answer No. 3
`
`2075748.]
`
`

`
`Interrogatory No. 4 and Answer No. 4
`Interrogatory No. 7 and Answer No. 7
`Interrogatory No. 8 and Answer No. 8
`
`A copy of the relevant portions of Opposer’s First Set of Interrogatories is attached at
`Exhibit D. A copy of the relevant portion of Applicant’s Response to Opposer’s First Set
`of Interrogatories is attached at Exhibit E.
`
`III.
`
`NEXIS Printouts of Newspaper and Magazine Articles
`
`Pursuant to Rule 2.l22(e) of the Trademark Rules of Practice, 37 C.F.R. §
`2.122(e), TBMP § 704.08, and Fed. R. Evid. § 401, Opposer hereby makes of record
`printouts from the NEXIS computerized library of articles published in newspapers and
`magazines of general circulation regarding Opposer’s Round—top Collection Box. Each
`printout states the article’s source and date, which are also set forth below:
`
`EXHIBIT
`
`TITLE
`
`PUBLICATION
`
`DATE
`
`F
`
`G
`
`H
`
`I
`
`J
`
`K
`
`L
`
`M
`
`Your corner mailbox; use it or lose it Dayton Daily News
`to postal cuts
`
`07/28/09
`
`The mailbox: your economic
`indicator
`
`Vallejo Times Herald
`
`04/04/09
`
`To lollygaggers and dillydalliers:
`time to skedaddle
`
`The Gazette
`
`04/01/09
`
`Post oflices close early Christmas
`Eve
`
`The News & Observer
`
`12/23/08
`
`Stamp character America picked,
`power and wisdom ofmail reflects
`
`U.S. Federal News
`
`10/24/07
`
`Nearby spots suggested after
`Nashville West mailbox removed
`
`The Tennessean (Tennessee)
`
`10/26/07
`
`Numbers shrinking, but no need to
`be blue about postal box
`
`Chicago Daily Herald
`
`10/12/06
`
`Postal journeys: A single letter
`makes many stops before it gets
`home
`
`The Washington Times
`
`08/18/05
`
`

`
`EXHIBIT
`
`TITLE
`
`PUBLICATION
`
`DATE
`
`N
`
`Old icons consigned to obscurity;
`Underused mailboxes are
`
`disappearing by the thousands,
`thank to rising Internet use
`
`Chicago Tribune
`
`10/13/06
`
`Disappearing mailbox blues as the
`once ubiquitous icons recede
`nationwide, some Boston residents
`
`say they’re feeling the pinch
`
`Case of the blues
`
`News briefs
`
`The great mail race; we had letters
`and postcards sentfrom around the
`country to find out the speed of mail
`
`Postal Service adapts to declining
`mail volume by pulling collection
`boxes
`
`Last minute filers will find post
`ofiices closed tonight
`
`The Boston Globe
`
`08/17/08
`
`The Capital
`
`Fresno Bee
`
`Morning Star
`
`10/23/06
`
`09/05/06
`
`02/03/03
`
`The Anniston Star
`
`07/26/09
`
`News & Record
`
`04/15/09
`
`Around Redlands, April 2
`
`Redlands Daily Facts
`
`04/01/09
`
`Postal service will be ‘retiring’ blue
`boxes
`
`Sound Bend Tribune
`
`03/14/09
`
`Sleet, hail may not slow mail, but
`trafiic does; letters in curb boxes are
`picked up earlier
`
`The San Diego Union
`
`03/18/07
`
`Post ofiices close early Christmas
`Eve
`
`The News & Observer
`
`12/23/08
`
`Neighborhood notebook
`
`Rochester Democrat and
`Chronicle
`
`12/22/08
`
`300 mailboxes to vanish
`
`The Courtier-Journal
`
`11/15/08
`
`AA
`
`Tips on how you can keep your mail
`safe
`
`Des Moines Register
`
`09/12/08
`
`

`
`EXHIBIT
`
`TITLE
`
`PUBLICATION
`
`DATE
`
`Ofiicials: Smoke bomb dropped into
`postal box in Leominster
`
`Sentinel & Enterprise
`
`06/17/08
`
`The Post 0fi‘ice won ’t think twice on
`closing
`
`Daily Press
`
`04/11/08
`
`Extracting value from undeliverable
`Mail
`
`Office Solutions
`
`04/08
`
`BB
`
`CC
`
`DD
`
`EE
`
`In Brief
`
`Times Herald
`
`Send season ’s greetings, but use
`correct postage
`
`The Virginian-Pilot
`
`GG
`
`Heads Up
`
`St. Louis Post-Dispatch
`
`Ventura County Star
`
`Rules change on packages
`
`The Republican
`
`R2—D2 collecting mail downtown;
`the spifled-up mailbox promotes a
`series of Star Wars collector stamps
`
`The Wichita Eagle
`
`12/29/07
`
`12/12/08
`
`11/09/07
`
`09/08/07
`
`07/30/07
`
`05/25/07
`
`R2-D2 clones promote ‘Star Wars’
`stamps
`
`Graphic Arts Monthly
`
`05/01/07
`
`Take special care with holiday mail
`
`U.S. Federal News
`
`12/1 1/06
`
`SAM
`
`Winston-Salem Journal
`
`03/12/06
`
`Your 2 cents covers stamp rate hike;
`Fish aroundfor those penny stamps
`
`It ’s not too late to mail those holiday
`packages
`
`Need to register to vote? Better do it
`by Friday
`
`Orlando Sentinel
`
`01/06/06
`
`The Greenville News
`
`12/12/04
`
`The Tennessean
`
`09/28/04
`
`LL
`
`00
`
`PP
`
`QQ
`
`Police & courts
`
`Buffalo News
`
`08/10/04
`
`

`
`EXHIBIT
`
`TITLE
`
`PUBLICATION
`
`DATE
`
`RR
`
`SS
`
`TT
`
`UU
`
`Season ’s greetings to keep post
`oflice busy; Holidays; Santa isn’t the
`only one who has people lining up to
`see him, and postal workers say their
`heaviest delivery day is to come
`
`The Register-Guard
`
`12/16/03
`
`Local couple wins contract to
`refurbish mailboxes
`
`Florida Today
`
`2""! man arrested in alleged mail
`theft case
`
`Tucson Citizen
`
`08/01/03
`
`12/18/02
`
`Changes postedfor mail; 14
`collection boxes get new times,
`locations to boost efiiciency
`
`The Dallas Morning News
`
`06/26/02
`
`VV
`
`In brief
`
`The Columbian
`
`10/28/98
`
`W Post Office preparedfor
`procrastinators
`
`Pittsburgh Post-Gazette
`
`04/15/94
`
`The articles are relevant to the strength and fame of Opposer’s mark and its association
`with Opposer. These articles are attached at Exhibits F — WW.
`
`DATED this 10”‘ day of August 2009.
`
`UNITED STATES POSTAL SERVICE
`
`B
`
`Jennifer A. Van Kirk
`
`Flavia Campbell
`LEWIS AND ROCA LLP
`
`40 North Central Avenue
`
`Phoenix, Arizona 85004-4429
`
`(602) 262-531 1
`
`and
`
`Karen Estilo Owczarski
`
`United States Postal Service
`
`475 L’Enfant Plaza, SW
`
`5
`
`

`
`Washington, DC, 20260-1135
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing Notice of Reliance and exhibits was
`
`served by FIRST-CLASS MAIL®, postage prepaid, upon counsel for Applicant:
`
`Carol N. Green, Attorney for Applicant
`Law Offices of Carol N. Green, P.A.
`Wachovia Financial Center
`
`200 South Biscayne Boulevard, suite 2750
`Miami, Florida 33131
`
`this 10”‘ day of August, 2009.
`
`\/awrr
`
`

`
`Exhibit A
`
`Exhibit A
`
`

`
`
`
`1 "H051"?
`
`
`
`
`l.?R.;li§.i.?«.E.l:$J SW_!_.A.‘l.IB_..@.Q!.I__:'-3
`UNm:9 STATES I)EPAR'!‘M!~Z.NT 0:-* com MERGE
`
`
`
`United States Fatem and Tracieruark Offices
`
`3uly 28, 2309
`
`THE A'l‘TACH1‘2I} US. TRAIIKMJXRK REGISTRAIHON 2. $311,226 IS
`
`CERTIFSED T0 RE A TRUE COPY WHICH 13 IN FULL FORCE AND
`
`EFFECT WXTK NOT2\Tl0NS OF ALL STATUTDRY ACTIONS TAKIEN
`
`
`
`
`
`THEREON AS DISCLOSED BY THE RECORDS OF ‘THE UNITED S'I‘A.'l‘ES
`PATENT AND TRADEMARK OFFICE.
`
`RECKSTERED FOR A TERNX OF 10 YEARS FROM April 29. 2003
`SECYION 8‘ 41 I5
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAH} RECORDS SHOW’ TITLE TO BE IN:
`RE013TRAN7'
`
`
`
`By Authority of the
`
`
`
`Under Secretary of Commerce for Iutefiectual Property
`r/*"“‘\\
`and Director of the United States Patent and Tradmaark Offlce
`
`
`
`M. K. ? CAR‘?!-LR
`
`Certifying Officer
`
`
`
`
`

`
`Int. Cls.: 35 and 39
`
`Prior U.S. Cls.: 100, 101, 102 and 105
`
`Reg. No. 2,711,226
`Registered Apr. 29, mos
`United States Patent and Trademark Office
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`
`
`UNITED STATES POSTAL SERVICE (UNITED
`STATES INDEPENDENT ESTABLISHMENT
`OF THE EXECUTIVE BRANCH OF THE GOV-
`ERNMENT)
`KAREN ESTILO OWCZARSKI
`475 UENFANT PLAZA W. SW, ROOM 6503
`WASHINGTON, DC 202601136
`
`FOR: SOR'I'ING, HANDLING, AND RECEIVING
`PACKAGES, LETTERS AND ADVERTISEMENTS,
`IN CLASS 35 (U.S. CLS. I00, 101 AND 102).
`
`TRANSPORTATION, IN CLASS 39 (us. CLS. 100
`AND 105).
`
`FIRST USE 0-0-I908; IN COMMERCE 0-0-1908.
`
`OWNER OF U.S. REG. NO. 2,345,159.
`
`THE MARK CONSIS'I'S OF A THREE-DIMEN-
`SIONAL CONFIGURATION OF A MAIL COLLEC-
`TION BOX.
`
`FIRST USE 0-0-1908; IN COMMERCE 0-0-1908.
`
`sac. 2a-').
`
`FOR: PICKUP, TRANSPORTATION AND DELIV-
`ERY OF PACKAGES, DOCUMENTS, LETTERS AND
`ADVERTISEMENTS BY VARIOUS MODES OF
`
`sax. N0. 76-424,480, FILED 6-24-2002.
`
`JEFFERY COWARD, EXAMINING ATTORNEY
`
`

`
`1763056
`
`_n~»-u««.«
`
`si
`
`.
`
`8ij§«¥§¥:§;12;§?;£2WWNI6%*z.
`'%§fg!2«.WW!¥~’¥.‘;£3:‘}§§;!M£:?.13§:??!mmm!¥i%¥$,tZ«¢
`unzmm swarms DEPARTMENT or CUMMERCE;
`
`United States Fatent and ‘Trademark Gffice
`
`July 28. 2009
`
`TEIZE ATTACHED U.S. TRADEMARK REGIS'I’RA'!‘iGN 2,708,659 13
`
`
`
`
`
`CERTIFXED TO BE A TRUE COPY ‘W}iICIi IS IN FULL FORCE AND
`
`
`
`EFFECT WT}?! NOTATIONS OF ALL STATUTGRY ACTIGNS TAKEN
`
`THERE()N AS BISCLOSED BY THE RECORDS OF TEE UNI’I‘E£5 STATES
`
`PATENT AND ’l‘RADEMARK OFFICE.
`
`REGISTERS!) FOR A TERM OF 19 YEARS FRQM Apr?! 22. 2003
`SECTION 8 ;§ I5
`
`
`
`
`
`
`
`
`
`
`SAID RECORDS SHOW’ TITLE T0 BE 1N:
`
`REGISTRANT
`
`By Authority of the
`
`Under Secretary of Commerce for Intellectual Frnpeny
`and {Erector of the tinited S: . Patent and fraéamark (Ifficc
`
`
`
`
`
`
`Cmfifying Officer
`
`

`
`3
`
`Int. Cls.: 35 and 39
`
`Prior U.S. Cls.: 100, 101, 102 and 105
`
`Reg. No. 2,708,659
`United States Patent and Trademark Office Registered Apr. 22, 2003
`
`
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`
`
`NITED
`UNITED STATES POSTAL SERVICE
`STATES INDEPENDENT ESTABLI HMENT
`OF THE EXECUTIVE BRANCH OF THE GOV-
`ERNMENT)
`475 UENFANT PLAZA W. SW, ROOM 6533
`WASHINGTON, DC, DC 202601136
`
`FOR: SORTING, HANDLING, AND RECEIVING
`PACKAGES, ENVELOPBS AND LETTERS , IN
`CLASS 35 (U.S. cns. mo, 101 AND 102).
`
`FIRST USE 5-3-1971; IN COMMERCE 5-3-1971.
`
`OWNER OF US. REG. NOS. 1,917,921, 2,485,456
`AND OTHERS.
`
`THE MARK CONSISTS, IN PART, OF THE STY-
`LIZED HEAD OF AN EAGLE.
`
`FIRST USE 5-3-1971; IN COMMERCE 5-3-1971.
`
`SEC. 207) AS TO "UNIT STATES POSTAL
`SERVICE".
`
`FOR: PICKUP, TRANSPORTATION, AND DELIV-
`ERY OF PACKAGES, ENVELOPES AND DOCU-
`MENTS BY VARIOUS MODES OF
`TRANSPORTATION, IN CLASS 39 (US. CLS. 100
`AND 105).
`
`SER. NO. 76-321,669, FILED 10-4-2001.
`
`JEFFERY COWARD, EXAMINING ATTORNEY
`
`

`
`Exhibit B
`
`Exhibit B
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARKo
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`UNITED STATES POSTAL SERVICE,
`
`Opposer,
`
`v.
`LOST KEY REWARDS, lNC.,
`Applicant.
`
`)
`
`i
`
`)
`
`3
`g
`3
`
`Opposition No.
`
`91 185802
`
`Mark: LOST KEY REWARDS &
`
`design
`
`Serial Number:
`Published:
`
`77/407,614
`07/15/08
`
`0PPOSER’S FIRST SET OF REQUESTS T0 ADMIT
`
`In accordance with Rules 26 and 36 of the Federal Rules of Civil Procedure, Opposer
`
`United States Postal Service (“Opposer”), by its attorneys, Lewis and Roca LLP, hereby requests
`
`that Applicant Lost Key Rewards, Inc.
`
`(“Applicant”) answer the following requests for
`
`admission, under oath and in writing, within thirty days after service hereof:
`
`1.
`
`Applicant was aware of Opposer’s Mark prior to filing Application Serial No.
`
`77/407,614.
`
`Admit
`
`Deny
`
`2.
`
`Applicant was aware of Opposer’s Mark prior to adopting Applicant’s Mark.
`
`Admit
`
`Deny
`
`2042514.!
`
`

`
`5.
`
`Applicant first used Applicant’s Mark on February 1, 2008.
`
`Admit
`
`Deny
`
`6.
`
`Applicant first used App1icant’s Mark after 1908.
`
`Admit
`
`Deny
`
`7.
`
`Applicant’s services listed within App1icant’s Mark are offered or are intended to
`
`be offered to consumers located anywhere within the United States.
`
`Admit
`
`Deny
`
`10.
`
`Applicant has used App1icant’s Mark in advertising materials to the general
`
`public.
`
`Admit
`
`Deny
`
`11.
`
`Applicant offers or intends to offer its services listed within App1icant’s Mark to
`
`the general public.
`
`Admit
`
`Deny
`
`2
`
`2M$6l4.l
`
`

`
`13.
`
`Applicant was aware that Opposer ofiered mailing related services in connection
`
`with blue round-top mail collection boxes before Applicant started using Applicanfs Mark.
`
`Admit
`
`Deny
`
`14.
`
`Opposer offers its services to the general public.
`
`Admit
`
`Deny
`
`15.
`
`Applicant markets lost property retum services and tracking services for retrieval
`
`of encoded products under App1icant’s Mark.
`
`Admit
`
`Deny
`
`16.
`
`Applicant offers lost property return services and tracking services for retrieval of
`
`encoded products under Applicant’s Mark.
`
`Admit
`
`Deny
`
`3
`
`2042614.!
`
`

`
`22.
`
`Applicant uses or intends to use Opposer’s mailing services with the offering of
`
`the services offered under App'1icant’s Mark.
`
`Admit
`
`Deny
`
`23.
`
`Customers of the services offered under AppIicant’s Mark are expected to deposit
`
`lost keys into Opposer’s mail collection boxes.
`
`Admit
`
`Deny
`
`4
`
`1042614.!
`
`

`
`DATED this 1| day of
`
`ét
`
`, 2009.
`
`UNITED STATES POSTAL SERVICE,
`Opposer
`
`Byzé
`
`JenniferA.Van
`
`k
`
`Flavia Campbell
`LEWIS AND ROCA LLP
`40 North Central Avenue
`Phoenix, Arizona 85004-4429
`(502) 262-5311
`
`and
`
`Karen Esfilo Owczarski
`
`475 L’Enfant Plaza, SW
`Washington, DC, 20260-1135
`
`Attorneys for Opposer, United States Postal
`Service
`
`I hereby certify that a true copy of the foregoing Opposer’s First Request for Interrogatories was
`served by_First Class Mail, postage prepaid, upon the following:
`
`CERTIFICATE OF SERVICE
`
`Carol N. Green, Attorney for Applicant
`Law Offices of Carol N. Green, P.A.
`Wachovia Financial Center
`
`200 South Biscayne Boulevard, suite 2750
`Miami, Florida 33131
`
`Copy
`
`'led this
`
`day of
`
`4
`
`,2009.
`
`6
`
`2042614.!
`
`

`
`Exhibit C
`
`Exhibit C
`
`

`
`CFMAY 2 6 2009
`
`
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`CORPORATE LAW‘
`E5§ § 53E
` SECTION
`
`
`UNITED STATES POSTAL SERVICE,
`
`)
`
`Opposition No. 91185802
`
`Opposer,
`
`v.
`LOST KEY REWARDS, INC.,
`Applicant.
`
`;
`;
`5
`g
`
`_____:_::_:j)
`
`Mark: LOST KEY REWARDS & Design
`Serial Number: 77/407,614
`Published:
`07/15/2008
`
`APPLICANT’S RESPONSE TO 0PPOSER’S FIRST SET OF REQUESTS TO ADMIT
`
`Applicant LOST KEY REWARDS, INC. (“Applicant”) by and through its undersigned
`
`counsel, hereby files Applicant’s Response to 0pposer’s First Set ofRequests to Admit dated April
`
`21, 2009, and states as follows:
`
`1.
`
`Applicant was aware of 0pposer’s Mark prior to filing Applicaiion Serial No.
`
`77/407,614.
`
`Admit
`
`X
`
`Deny
`
`2.
`
`Applicant was aware of Opposer’s Mark prior to adopting App1icant’s Mark.
`
`Admit
`
`X
`
`Deny
`
`and Opposer,
`
`

`
`5.
`
`Applicant first used Applicant’s Mark on February 1, 2008.
`
`Admit X
`
`Deny
`
`6.
`
`Applicant first used Applicant’s Mark after 1908.
`
`Admit X
`
`Deny
`
`7.
`
`Applicant’s services listed within Applicant’s Mark are offered or are intended to be
`
`offered to consumers located anywhere within the United States.
`
`Admit #)_(_______
`
`Deny
`
`10.
`
`Applicant has used Applicant’s Mark in advertising materials to the general public.
`
`Admit __)_(_j___
`
`Deny
`
`I 1.
`
`Applicant offers or intends to ofier its services listed within Applicant’s Mark to the
`
`general public.
`
`Admit _)_<_____+
`
`Deny
`
`13.
`
`Applicantwas aware that Opposer offered mailing related services inconnection with
`
`blue round—top mail collection boxes before Applicant start
`
`i using the Applicant’s mark.
`
`Admit X
`
`eny
`
`

`
`14.
`
`Opposer offers its services to the general public.
`
`Admit X
`
`Deny
`
`15.
`
`Applicant markets lost property return services and tracking services for retrieval of
`
`encoded products under App1icant’s Mark.
`
`Admit _fX_____
`
`Deny
`
`16.
`
`Applicant ofi‘ers lost property return services and tracking services for retrieval of
`
`encoded products under Applicant’s Mark.
`
`Admit X
`
`Deny
`
`

`
`22.
`
`Applicant uses or intends to use Opposer’s mailing services with the oifering ofthe
`
`services offered under Applicant’s Mark.
`
`Admit X
`
`Deny
`
`23.
`
`Customers ofthe services offered under App1icant’s Mark are expected to deposit lost
`
`keys into 0pposer’s mail collection box.
`
`Admit X
`
`Deny
`
`

`
`Dated: May 21, 2009.
`
`Respectfully submitted,
`
`Law Ofices of Carol N. Green, P.A.
`Wachovia Financial Center
`
`200 South Biiscayne Boulevard, Suite 2750
`Miami, Florida 33131
`Telephone: (786) 777-0184
`Telefax: (786) 777-0174
`
`By: %
`
`Carol
`
`'
`
`Green, Attorney for Applicant
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the fioregoing was sewed on 0pposer’s
`
`Attorneys by First Class Mail, postage prepaid on May 21, 2009 to:
`
`Jennifer A. Van Kirk
`
`Flavia Campbell
`Lewis and Roca, LLP
`40 N. Central Avenue
`
`Phoenix, Arizona 85004
`I
`
`Karen Estilo Owcmrski
`
`475 L’Enfant Plaza, SW
`Washington, DC 20260-1 135
`
`Z
`
`.
`
`/'
`Carol N.
`
`-5-
`
`

`
`Exhibit D
`
`Exhibit D
`
`

`
`Eile,.§.Q5?9‘
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`UNITED STATES POSTAL SERVICE,
`Opposer,
`
`v.
`LOST KEY REWARDS, INC.,
`Applicant.
`
`)
`;
`
`)
`
`3
`g
`g
`
`Opposition No.
`91185802
`Mark: LOST KEY REWARDS &
`
`design
`
`Serial Nmnber:
`Published:
`
`77/407,614
`07/15/08
`
`OPPOSER’S FIRST SET OF INTERROGATORIES
`
`Pursuant to Rule 2.120 of the. Trademark Rules of Practice and Rule 33 of the
`
`Federal Rules of Civil Procedure, Opposer United States Postal Service (“opposer”)
`
`requests that Applicant Lost Key Rewards, Inc. (“Applicant”) in accordance with the
`
`attached Definitions and Instructions, answer in writing and under oath the interrogatories
`
`set forth below. Such responses must be made within thirty days after service hereof, in
`
`accordance with the Federal Rules of Civil Procedure and the Trademark Rules of
`
`Practice.
`
`DEFINITIONS AND INSTRUCTIONS
`
`A.
`
`“Opposer” means United States Postal Service and any predecessor(s) in interest,
`
`subsidiaries, divisions and related companies, and any present or former oficers,
`
`directors, employees, attorneys, agents, consultants or other persons acting on
`
`behalf of any ofthem.
`
`B.
`
`“Applicant” means Lost Key Rewards,
`
`Inc. and any predecessor(s) or
`
`successor(s)
`
`in interest, and any partnership and/or corporation in which
`
`

`
`Applicant has an ownership interest and/or Applicant controls and which uses the
`
`opposed mark in any way, as well as all divisions,
`
`licensees, partners,
`
`subsidiaries, afiiliated or related companies thereof, and any present or former
`
`partners, principals, officers, directors,
`
`employees,
`
`attorneys,
`
`agents, or
`
`consultants or other persons acting on its behalf. When an answer is supplied
`
`with respect to any predecessor or successor in interest, division, licensee, parent,
`
`subsidiary, affiliated or related company, this fact should be stated and such
`
`predecessor in interest, division, licensee, parent, subsidiary, afiiliated or related
`
`company should be fully identified by name and principal place of business.
`
`“Opposer’s Mark” means the design of a Round-top mail collection box as shown
`
`in U.S. Registration No. 2,711,226.
`
`“Applicant’s Mark” means the mark shown in U.S. Application Serial No.
`
`77/407,614 and any other mark, which Applicant uses or intends to use, that
`
`depicts the design of a round-top mail collection box.
`
`“Mark” shall include, unless otherwise limited by context, trademarks, service
`
`marks, trade names and all other trade designations, and shall include marks for
`
`which registration has been sought and marks for which registration has not been
`
`sought.
`
`“And’-’ and “or” shall be construed conjunctively and disjunctively so as to
`
`achieve the broadest meaning possible.
`
`“All” means any and all.
`
`

`
`H.
`
`All references to the singular shall be read to include the plural, and. all references
`
`to the plural shall be read to include the singular. All references to masculine
`
`gender shall be deemed to include the feminine and neuter.
`
`“State all facts” means to state all facts discoverable under Rule 26(b) of the
`
`Federal Rules of Civil Procedure that are known to Applicant. When used in
`
`reference to a contention, “state all facts” shall include all facts negating as well
`
`as supporting the contention.
`
`“Communication” shall mean any transmission of information by one or more
`
`persons by any means.
`
`“Person” shall include any natural person, any business or corporation, any firm,
`
`partnership, or other business organization, any charitable, religious, educational,
`
`governmental, or other
`
`institution,
`
`foundation, body or organization, any
`
`employee, agent, or representative of any ofthe foregoing.
`
`If, in answering any interrogatory, Applicant avails itself of the option to produce
`
`business records under Rule 33(0) of the Federal Rules of Civil Procedure,
`
`identify in sufficient detail the document or documents from which the answer
`
`may be derived or ascertained in order to permit adetermination as to whether
`
`the burden to derive or ascertain the answer to the interrogatory is substantially
`
`the same for Opposer as it is for Applicant.
`
`M.
`
`If answers to these interrogatories are supplied upon information and belief, so
`
`state, and specifically identify and describe all sources of such information and
`
`belief. IfApplicant is unable to answer any interrogatory or portion thereof either
`
`

`
`by actual knowledge or upon information and belief, so state, and describe in
`
`detail the efforts made to obtain such knowledge or information.
`
`If Applicant objects to any interrogatory on any ground, set forth in detail all
`
`reasons therefore.
`
`If any information responsive to any of the following
`
`interrogatories is being withheld based on a claim of privilege, describe generally
`
`the matter withheld, and:
`
`(a) state the nature of and factual basis for the claim of
`
`privilege, and the person upon whose behalf it is claimed; and (b) identify all
`
`persons who have, or have had, access to said matter.
`
`All interrogatories are continuing to the extent provided by Rule 26(e) of the
`
`Federal Rules of Civil Procedure.
`
`A natural person shall be identified by stating: (a) the person’s full name; (b) the
`
`street address, city, state, zip code and telephone number of the person’s
`
`residence; (c) the identity of the person’s employer or business; (d) the person’s
`
`job title and principal job responsibilities, duties and functions; and (3) the street
`
`address, city, state and zip code of the person’s place of employment or business.
`
`A corporation shall be identified by stating:
`
`‘(a) its full name; (b) its trade name;
`
`(c) its state or states of incorporation; and (d) the street address, city, state, zip
`
`code, and telephone number of its registered oflices and the identity of its
`
`registered agents at such ofiice.
`
`A business organization other than a corporation shall be identified by stating: (a)
`
`its fiill name; (b) its trade name; (c) the identity of its owners or principals; (d) the
`
`street address, city, state, zip code, and telephone number of its principal place of
`
`business; and (e) the identity of the governmental offices where it is registered or
`
`licensed to do business
`
`“Identify” or “identification" with respect to an instance of confusion or mistake
`
`and/or an instance where a person thought, arrived or otherwise indicated a belief
`
`

`
`there may be an association between the parties herein andlor other products or
`
`businesses means state:
`
`1.
`
`2.
`
`the identify of the person(s) confused or mistaken;
`
`the details of such event, including the “mistake” made and the substance of
`
`the “confi1sion;”
`
`the date and place of such event and/or instance ofmistake or confiis-ion;
`
`a description of the details of the manner in which such confusion, mistake,
`
`belief, assumption, or indication was communicated or came to the attention
`
`of Applicant;
`
`the details of the response or communication, if any, made by or on behalf
`
`of Applicant, directly or indirectly, to the person so confused or mistaken or
`
`who communicated such confusion or mistake to Applicant;
`
`the identity of each person having knowledge of‘ such confusion or mistake;
`
`and
`
`the identity of all documents and communications which refer or relate in
`
`any way to such confusion or mistake.
`
`INTERROGATORIES
`
`l.
`
`Identify each product and/or "service that Applicant has ever, or intends to,
`
`sell or provide using App1icant’s Mark and for each product or service specifically state:
`
`(a)
`
`the time periods during which Applicant has, or intends to, sell the
`
`product and/or provide the service, including the date when the
`
`product and/or service was first offered;
`
`(b)
`
`each manner of use of Applicant's Mark (e.g., printing it on
`
`packaging, brochures, website, etc.)
`
`in connection with such
`
`product and/or service;
`
`

`
`(c)
`
`if the use of Applicant’s Mark was by a person other than
`
`Applicant, identify that person, and state in detail the basis upon
`
`which Applicant claims such use inures to its benefit;
`
`(d)
`
`the actual or expected sales in dollars and units of the product
`
`and/or service;
`
`(e)
`
`the actual and, if not available, approximate number sales of
`
`Applicant’s products and services sold under Applicant’s Mark;
`
`(i)
`
`the actual or intended advertising or promotional expenditures for
`
`the product and/or service identified in subpart (a) above.
`
`3.
`
`Describe, step-by-step, how the services offered or to be offered under
`
`Applicant’s Mark are or will be rendered.
`
`4.
`
`Describe in detail all manner in which Applicant has advertised or
`
`promoted, advertises or promotes, or intends to advertise or promote, the services offered
`
`under Applicant’s Mark, since the date when the services offered under Applicant’s Mark
`
`were first marketed.
`
`

`
`7.
`
`State whether and to what extent any services offered by Opposer under
`
`Opposer’s Mark, such as, but not
`
`limited to, documents and packages pickup,
`
`transportation and delivery services, will be used by Applicant as a means to render its
`
`services ofiered under Applicant’s Mark.
`
`8.
`
`Describe the delivery services Applicant uses or will use to provide the
`
`services offered under App1icant’s Mark.
`
`

`
`DATED this
`
`(>7;
`
`day of
`
`ggjmf 5 2009.
`
`UNITED STATES POSTAL SERVICE
`
`s Je
`
`or A. Van Kirk
`
`Flavia Campbell
`Lewis and Roca LLP
`40 North Central Avenue
`
`Phoenix, Arizona 85004-4429
`602-262-531 1
`
`and
`
`Karen Estilo Owczarski
`
`475 L’Enfant Plaza, SW
`Washington, DC, 20260-1135
`
`Attorneys for Opposer, United States
`Postal Service
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing Opposer’s First Request for
`
`Interrogatories was served by First Class Mail postage prepaid, upon the following:
`
`Carol N. Green, Attorney for Applicant
`Law Offices of Carol N. Green, P.A.
`Wachovia Financial Center
`
`200 South.Biseayne Boulevard, suite 2750
`Miami, Florida 33131
`
`Q E
`day of
`Copy mailed
`.LQ»_u/_____
`
`4, 2009.
`
`

`
`Exhibit E
`
`Exhibit E
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91185802
`
`Mark: LOST KEY REWARDS & Design
`
`Serial Number: 77/407,614
`
`Published:
`
`07/15/2008
`
`) ) ) )
`
`) ) ) )
`
`;
`
`UNITED STATES POSTAL SERVICE,
`
`Opposer,
`
`v.
`
`LOST KEY REWARDS, INC.,
`
`Applicant.
`
`APPLICANT’S RESPONSE TO OPPOSER’S FIRST SET OF INTERROGATORIES
`
`Applicant LOST KEY REWARDS, INC. (“Applicant”) by and through its undersigned
`
`counsel, hereby files App1icant’s Response to Opposer’s First Set of Interrogatories and states as
`
`follows:
`
`IN'I'ERROGATORIES
`
`1.
`
`Applicant has been actively promoting its product and services as listed within
`
`Applicant’s trademark application in solicitation for sales as early as:
`
`(a)
`
`February 1, 2008.
`
`(b)
`
`App1icant’s web pages, printing on keytags.
`
`(c)
`
`Not applicable.
`
`(d)
`
`Not yet determined.
`
`(e)
`
`None.
`
`(0
`
`Not yet determined.
`
`

`
`3.
`
`App1icant’s services will provide for the return ofa lost key to a keytag owner, while
`
`providing for a rewards program for an anonymous key tag finder.
`
`4.
`
`Applicant has advertised or promoted its goods and services through personal
`
`meetings with potential corporate buyers, and intends to advertise and/or promote its goods and
`
`services primarily through the Internet as well as any other feasible marketing media that may be
`
`used to promote the sales of Applicant’s goods and services.
`
`7.
`
`Applicant intends to use the United States Postal Service, personal couriers, and any
`
`other legitimate delivery services which include but is not limited to: Federal Express, DHL, United
`
`Parcel Service of America (“UPS”) services to deliver found keytags to Applicant.
`
`8.
`
`All mail delivery services that are currently available and or will become available in
`
`the fixture, including but not limited to Federal Express, DHL, UPS services to name a few.
`
`

`
`Date: Maya, 2009.
`
`
`
`STATE OF FLORIDA
`
`coUN'rYoF_0g=kQ—_——
`
`Befi)remepa'somflyappeuedDr.MuhIaVoioe,whoinpa3omllykmumtomemwho
`pmducedaddva’sfiowwuidw1ifiafion,udwhowumunfindackmw1edgesbafommemn
`imtnnneut under her ovm fine will, act and deed this
`sheexeclxtedwtheforegoing
`dayofMay,2009.
`
`.
`
`nmmmnmmumnrmma
`sunnm Johnson
`commIulouDD77$809
`Expires: MAY2‘l.2012
`mummumamcxmmcmm
`
`Commission expires:
`
`a
`£17
`uz
`Print or 'l‘ypéNo1aty’s Name
`
`

`
`Dated: May 20, 2009.
`
`Respectfully submitted,
`
`Law Oflices of Carol N. Green, P.A.
`Wachovia Financial Center
`200 South Biscayne Boulevard, Suite 2750
`Miami, Florida 33 131
`Telephone: (786) 777-0184
`Telefaxz (786) 777-0174
`
`By:
`
`Carol
`
`fig
`
`.
`
`Attorney for Applicant
`
`CERTIFICATE OF SEEVICE
`
`I hereby certify that a true and correct copy of the foregoing was served on Opposer’s
`
`Attorneys by First Mail, postage prepaid on May 20, 2009 to:
`
`Jennifer A. Van Kirk
`
`Flavia Campbell
`Lewis and Roca, LLP
`40 N. Central Avenue
`
`Phoenix, Arizona 85004
`
`Karen Estilo Owczarski
`
`475 L’Enfant Plaza, SW
`Washington, DC 20260-1135
`
`Carol n .
`
`

`
`Exhibit F
`
`Exhibit F
`
`

`
`Swiicr: (Siren: § mzeiererices Sign Out
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`T’
`
`Your corner mailbox: Use it or lose it to postal cuts Dayton Daily News (Ohio) July 28, 2009 Tuesday
`
`Copyright 2009 Dayton Newspapers, Inc.
`Dayton Daily News (Ohio)
`
`July 28, 2009 Tuesday
`
`SECTION: MAIN; Pg. A1
`
`LENGTH: 251 words
`
`HEADLINE: Your corner mailbox: Use it or lose it to postal cuts
`
`BYLINE: By Mark Fisher Staff Writer
`
`BODY:
`
`The U.S. Postal Service isn't just closing post offices to save money. It's also forcing into retirement dozens of those familiar
`blue mail-collection boxes that used to clot street corners and strip shopping centers throughout the Dayton area.
`
`Not all will disappear — only the collection boxes that are underutilized, according to Michael Kennedy, the acting postmaster
`for the Dayton post office that oversees ZIP codes starting with "454." Employees monitor the amount of mail deposited in each
`collection box, and when the pieces of mail drop below 25 a day on average, the box will be considered for removal, Kennedy
`said.
`
`Over the last decade, the number of collection boxes in the 454 ZIP code dropped by about half, from nearly 1,000 to the
`current 480, Kennedy said. Postal employees have removed about 70 boxes in the last 18 months, Kennedy said, while adding
`"about a dozen" in the past year in newly built shopping centers and other locations in which customers requested them.
`
`The removal of collection boxes saves money because the postal service doesn't have to pay an employee or for the fuel and
`vehicle costs to pick up the mail, and no longer has to paint and maintain them, Kennedy said.
`
`The postal service projects it will handle fewer than 180 billion pieces of mail this year, down from 213 billion pieces two years
`ago as people turn to other means of communication and other shipping services, according to The Associated Press.
`
`"People just don't mail like they used