Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA267178
`ESTTA Tracking number:
`02/18/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Entity
`Address
`
`Jayco, Inc.
`Corporation
`903 S. Main Street
`Middlebury, IN 46540
`UNITED STATES
`
`Citizenship
`
`Indiana
`
`Attorney
`information
`
`Bradley M. Stohry
`ICE MILLER LLP
`One American Square Suite 2900
`Indianapolis, IN 46282-0200
`UNITED STATES
`stohry@icemiller.com, ipdocket@icemiller.com, jansen@icemiller.com
`Phone:317-236-2100
`Applicant Information
`
`77579793
`02/18/2009
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition
`Period Ends
`Heartland Recreational Vehicles, LLC
`1001 All Pro Drive
`Elkhart, IN 46514
`UNITED STATES
`Goods/Services Affected by Opposition
`
`02/17/2009
`03/19/2009
`
`Class 012.
`All goods and services in the class are opposed, namely: recreational vehicles, namely, fifth wheel
`trailers and travel trailers
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/
`Registration No.
`Registration Date
`Word Mark
`Goods/Services
`
`NONE
`
`Application Date
`
`NONE
`
`NONE
`EAGLE
`Recreational vehicles including travel trailers and fifth wheel products
`
`
`ESTTA267178
`ESTTA Tracking number:
`02/18/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Entity
`Address
`
`Jayco, Inc.
`Corporation
`903 S. Main Street
`Middlebury, IN 46540
`UNITED STATES
`
`Citizenship
`
`Indiana
`
`Attorney
`information
`
`Bradley M. Stohry
`ICE MILLER LLP
`One American Square Suite 2900
`Indianapolis, IN 46282-0200
`UNITED STATES
`stohry@icemiller.com, ipdocket@icemiller.com, jansen@icemiller.com
`Phone:317-236-2100
`Applicant Information
`
`77579793
`02/18/2009
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition
`Period Ends
`Heartland Recreational Vehicles, LLC
`1001 All Pro Drive
`Elkhart, IN 46514
`UNITED STATES
`Goods/Services Affected by Opposition
`
`02/17/2009
`03/19/2009
`
`Class 012.
`All goods and services in the class are opposed, namely: recreational vehicles, namely, fifth wheel
`trailers and travel trailers
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/
`Registration No.
`Registration Date
`Word Mark
`Goods/Services
`
`NONE
`
`Application Date
`
`NONE
`
`NONE
`EAGLE
`Recreational vehicles including travel trailers and fifth wheel products
`
`
`
`Attachments
`
`INDY-2287785-v1-Jayco_-_Notice_of_Opposition_re__E.pdf ( 4 pages )(15118
`bytes )
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/bms/
`Bradley M. Stohry
`02/18/2009
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.:______________
`
`In the Matter of Trademark Serial No. 77/579,793
`For the Mark EAGLE RIDGE
`Filed on September 26, 2008
`
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`
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`
`Jayco, Inc.,
`
`Opposer
`
`v.
`
`Heartland Recreational Vehicles, LLC,
`
`Applicant
`
`NOTICE OF OPPOSITION
`
`Jayco, Inc., an Indiana corporation, having a place of business at 903 S. Main Street,
`
`Middlebury, Indiana 46540 ("Opposer"), believes that it will be damaged by the registration of
`
`the above-identified EAGLE RIDGE mark, and hereby opposes the same. The application for
`
`the EAGLE RIDGE mark (the "EAGLE RIDGE Application") is owned by Heartland
`
`Recreational Vehicles, LLC, which is an Indiana limited liability company, having a place of
`
`business at 1001 All Pro Drive, Elkhart, Indiana 46514 ("Applicant"). The grounds for
`
`opposition are as follows:
`
`1.
`
`Opposer is a leading provider of recreational vehicles including travel trailers and
`
`fifth wheel products. Opposer's products are sold throughout the United States.
`
`2.
`
`Opposer is the owner of the EAGLE trademark, which Opposer uses in connection
`
`with several product lines of its travel trailers and fifth wheels.
`
`3.
`
`While Opposer has not obtained a trademark registration for the EAGLE mark,
`
`Opposer has been using the EAGLE mark to identify the source of its products in commerce
`
`
`
`since at least as early as 1991. Since that time, Opposer has established substantial goodwill in
`
`the EAGLE mark.
`
`4.
`
`The EAGLE mark has come to indicate and stand for the high quality products
`
`offered by Opposer.
`
`5.
`
`As a result of the extensive use of the EAGLE mark by Opposer, the EAGLE mark
`
`has become, and continues to be, a valuable property right of Opposer.
`
`6.
`
`The description of services for the EAGLE RIDGE Application indicates that
`
`Applicant provides "recreational vehicles, namely, fifth wheel trailers and travel trailers."
`
`7.
`
`Applicant is a direct competitor of Opposer, as the products provided by Applicant
`
`(i.e., fifth wheel trailers and travel trailers) are exactly the same as those that are provided by
`
`Opposer, and Applicant targets the same market as is targeted by Opposer.
`
`8.
`
`The EAGLE RIDGE Application was filed by the Applicant under Section 1(b) and
`
`the Applicant has yet to file a Statement of Use or otherwise provide the USPTO with evidence
`
`of its use of the EAGLE RIDGE mark. However, upon information and belief, Applicant has
`
`recently begun making use of the EAGLE RIDGE mark.
`
`9.
`
`Opposer's actual, continuous, and continuing use of the EAGLE mark began long
`
`before any use by Applicant of its EAGLE RIDGE mark.
`
`10.
`
`Because of the similarities between the EAGLE mark and the EAGLE RIDGE mark
`
`(as well as the similarities between Opposer's and Applicant's products and target markets), on
`
`information and belief, Applicant adopted the EAGLE RIDGE mark in a blatant attempt to trade
`
`on the goodwill that has been acquired by Opposer in its EAGLE mark.
`
`11.
`
`The use and registration of the EAGLE RIDGE mark is likely to cause confusion,
`
`mistake, and/or lead to deception as to the origin of Applicant's products. The likelihood of
`
`
`
`confusion is especially apparent in this instance because the EAGLE RIDGE mark encompasses
`
`the entirety of the EAGLE Mark, the products sold by Applicant are identical to those that are
`
`sold by Opposer, and Applicant targets the exact same market that is targeted by Opposer.
`
`12.
`
`The EAGLE RIDGE Application is likely to result in confusion and substantial
`
`damage and injury to Opposer. Persons familiar with Opposer's EAGLE mark are likely to buy
`
`Applicant's products under the mistaken belief that
`
`they originate with, or are licensed,
`
`sponsored or approved by Opposer. Any such confusion would inevitably result in loss of sales
`
`to Opposer, and tarnish Opposer's goodwill and reputation established in the EAGLE mark.
`
`WHEREFORE, Opposer prays that Trademark Serial No. 77/579,793 be rejected.
`
`Dated this 18th day of February, 2009.
`
`Respectfully submitted,
`
`By: s/Bradley M. Stohry
`Attorney for Opposer
`Bradley M. Stohry
`ICE MILLER LLP
`One American Square
`Suite 2900
`Indianapolis, Indiana 46282-0200
`(317) 236-2100
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing was served upon the following by
`first-class United States mail, postage prepaid, on February 18, 2009:
`
`MELISSA A. VALLONE
`BARNES & THORNBURG LLP
`PO BOX 2786
`CHICAGO, IL 60690-2786
`
`By: s/Bradley M. Stohry
`Attorney for Opposer
`
`I/2287785.1
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