Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA378967
`ESTTA Tracking number:
`11/17/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91197314
`Plaintiff
`Leachco, Inc.
`Defendant
`Jeffco Fibres, Inc.
`
`Proceeding.
`Applicant
`
`Other Party
`
`Motion for Suspension in View of Civil Proceeding With Consent
`
`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, Leachco,
`Inc. hereby requests suspension of this proceeding pending a final determination of the civil action.
`Trademark Rule 2.117.
`Leachco, Inc. has secured the express consent of all other parties to this proceeding for the suspension and
`resetting of dates requested herein.
`Leachco, Inc. has provided an e-mail address herewith for itself and for the opposing party so that any order
`on this motion may be issued electronically by the Board.
`
`Certificate of Service
`
`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.
`Respectfully submitted,
`/Mary M. Lee/
`Mary M. Lee
`mml@marymlee.com
`mark@whiteandfudala.com
`11/17/2010
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of application Serial No. 77/942,780
`For the Mark CRADLEU
`Published in the Official Gazette on July 13, 2010
`
`Leachco, Inc.,
`
`
`
`
`v.
`
`Jeffco Fibres, Inc.,
`
`
`
`
`
`
`
`
`Opposer
`
`Applicant
`
`
`
`
`Opposition No. 91197314
`
`
`
`
`COMMISSIONER FOR TRADEMARKS
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`
`MOTION TO SUSPEND OPPOSITION
`
`PENDING OUTCOME OF RELATED CIVIL CASE
`
`AND BRIEF IN SUPPORT THEREOF
`
`
`
`
`Pursuant to 37 C.F.R. § 2.117(a) and Rule 510.02(a) of the Trademark
`
`Board Manual of Procedure, Opposer, Leachco, Inc. (“Opposer”) requests the Board to
`
`suspend the above-captioned opposition, hereafter “Opposition,” pending resolution of
`
`the civil action now pending before the United states District Court for the Western
`
`District of Oklahoma, assigned case number 5:10-CV-01200-C, hereafter referred to as
`
`the “Civil Case.”
`
`The Civil Case was brought by Opposer against Applicant, Jeffco Fibres,
`
`Inc. (“Applicant”) and seeks a judicial determination, pursuant to Lanham Act and related
`
`state law claims, that Opposer’s use of the mark CRADELU, which is the subject of this
`
`Opposition, infringes Opposer’s CUDDLE-U mark. Thus, the Civil Case involves issues
`
`in common with those in the Opposition and the final determination of the Civil Case will
`
`

`
`have a bearing on the issues presented in this Opposition. A copy of the Complaint filed
`
`by Opposer is submitted herewith.
`
`Mr. Mark P. White, attorney for the Applicant, has authorized the
`
`undersigned to state that the Defendant consents to this motion.
`
`Based on the foregoing, an order from the Board suspending this
`
`Opposition pending final adjudication of the Civil Case respectfully is requested.
`
`
`
`Respectfully Submitted,
`
` /Mary M. Lee/
`Mary M. Lee, Reg. No. 31,976
`1300 E. 9th Street, No. 4
`Edmond, OK 73034-5760
`Phone (405) 285.4490
`Fax (405) 285.4491
`Email: mml@marymlee.com
`
`
`
`AND
`
`
`
`
`Charles E. Geister, III
`Elizabeth A. Price
`HARTZOG CONGER CASON & NEVILLE LLP
`201 Robert S. Kerr, Suite 1600
`Oklahoma City OK 73102
`Phone (405) 235-7000
`Fax (405) 996-3403
`Email: cgeister@hartzoglaw.com;
`eprice@hartzoglaw.com
`
`
`
`
`
`Attorneys for Opposer, Leachco, Inc.
`
`- 2 -
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing MOTION
`TO SUSPEND PENDING OUTCOME OF RELATED CIVIL CASE AND BRIEF IN
`SUPPORT THEREOF was served upon Applicant by mailing the same by first-class
`mail, postage prepaid, to:
`
`Mark P. White, Esq.
`WHITE & FUDALA, LC
`57 Bedford Street, Ste. 100
`Lexington MA 02420-4550
`
`on November 17, 2010.
`
`
`
`
`
`
`
`
`
`
`
`_________/Mary M. Lee/____________
`
`
`
`
`
`
`
`- 3 -
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 1 of 10
`
`THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF OKLAHOMA
`
`LEACHCO, INC. an Oklahoma
`corporation,
`
`Plaintiff,
`
`
`
`
`
`
`
`vs.
`
`
`
`JEFFCO FIBRES, INC., a Massachusetts
`corporation,
`
`
`
`
`
`
`Defendant.
`
`)
`)
`)
`)
`1200-C
`) Case No. CIV-10-
`)
`)
`)
`)
`)
`)
`
`COMPLAINT
`
`Plaintiff, Leachco, Inc. ("Leachco"), for its Complaint against Defendant, Jeffco
`
`Fibres, Inc. ("Jeffco"), alleges and states:
`
`I. PARTIES
`
`1.
`
`Leachco is a corporation organized under the laws of the State of Oklahoma
`
`with its principal place of business in Ada, Oklahoma.
`
`2.
`
`Upon information and belief, Jeffco is a corporation organized under the
`
`laws of the State of Massachusetts with its principal place of business in Webster,
`
`Massachusetts.
`
`II. JURISDICTION AND VENUE
`
`3.
`
`Jeffco is a foreign corporation with its principal place of business and
`
`domicile located in a state other than Oklahoma. Leachco is an Oklahoma corporation
`
`headquartered in Ada, Oklahoma. This action is therefore one between citizens of
`
`different states. The amount in controversy exclusive of interest and costs exceeds
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 2 of 10
`
`Seventy-Five Thousand Dollars ($75,000.00). Therefore, pursuant to 28 U.S.C. § 1332,
`
`this Court has subject matter jurisdiction.
`
`4.
`
`This Court also has subject matter jurisdiction under 15 U.S.C. § 1121(a)
`
`and 28 U.S.C. § 1338(a) in that this case arises under the trademark laws of the United
`
`States, and subject matter jurisdiction over Leachco's Oklahoma state law claims
`
`pursuant to 28 U.S.C. § 1338(b).
`
`5.
`
`Upon information and belief, Jeffco is doing business in Oklahoma and is
`
`subject to personal jurisdiction of this Court by virtue of its numerous and substantial
`
`contacts with the State of Oklahoma, and because the claims asserted herein arise out of
`
`Jeffco's contacts with Oklahoma.
`
`6.
`
`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) and (c)
`
`because a substantial part of the events giving rise to the asserted claims occurred in this
`
`district, and Jeffco is deemed to reside in this district.
`
`III. FACTUAL BACKGROUND
`
`7.
`
`Since about 1988, Leachco has been in the business of manufacturing and
`
`selling a wide range of baby and maternity products, including a variety of body pillows,
`
`nursing pillows, infant support pillows, baby bottle wraps, shopping cart covers, infant
`
`car seat covers, body positioning cushion inserts for infant car seats, head support
`
`cushions for infant car seats, baby stroller covers, diaper bags, baby carriers, bed pads,
`
`foot stools, portable baby beds, booster seats, nap mats, seat liners, diaper changing mats,
`
`crib bumpers and dividers, crib rail covers, bath mitts, harnesses and child restraints, and
`
`play mats.
`
`
`
`2
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 3 of 10
`
`8.
`
`On or about May 10, 2003, Leachco began selling an infant support pillow
`
`with an attached body wrap under the trademark CUDDLE-U (the "Mark"). Leachco
`
`first sold the CUDDLE-U product in interstate commerce on or before June 4, 2003.
`
`Since that time, Applicant's use of the Mark in connection with its infant support pillows
`
`has been continuous and exclusive. The CUDDLE-U product has been sold throughout
`
`the United States through major retailers in "brick and mortar" stores as well as online.
`
`As a result, Leachco has garnered substantial goodwill and customer recognition in the
`
`Mark.
`
`9.
`
`On June 30, 2003, Leachco
`
`filed U.S. Trademark Application
`
`No. 76/528,394, for the mark CUDDLE-U for an infant support pillow with textile body
`
`wrap,
`
`in International Class 20, which application matured
`
`into Registration
`
`No. 2,853,188, granted June 15, 2004, hereafter "Leachco's Registration." A copy of
`
`Leachco's Registration is attached hereto as Exhibit 1. On June 16, 2009, Leachco filed a
`
`Section 8 & 15 Declaration, and a Notice of Acceptance and Acknowledgement of §§ 8
`
`& 15 Declaration was issued September 24, 2009. Accordingly, the Leachco
`
`Registration is currently in good standing and has become incontestable.
`
`10.
`
`Leachco has continuously used the Mark since on or about May 10, 2003,
`
`prominently displaying it on the packing and promotional materials related to its line of
`
`pillows. The Mark is used to identify Leachco as the source of the pillows and to
`
`distinguish them from those manufactured or sold by others. As a result of the sales and
`
`advertising of Leachco's product, the Mark has developed and has a distinctive trademark
`
`meaning to purchasers, indicating that the products originated from Leachco.
`
`
`
`3
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 4 of 10
`
`11.
`
`Leachco advertises the CUDDLE-U pillow via the internet and offers it for
`
`sale in all fifty (50) states. The Mark is strong and distinctive, has long been used in
`
`connection with the goods on which it appears, has long been the subject of substantial
`
`advertising and promotion, has been used and advertised throughout the United States, is
`
`widely recognized by consumers and those in the trade, is in exclusive use by Leachco
`
`and is federally registered, as alleged above.
`
`12.
`
`Leachco has given notice that its CUDDLE-U trademark is federally
`
`registered by displaying the notice required by 15 U.S.C. § 1111.
`
`13.
`
`Leachco has expended and continues to expend significant amounts of time
`
`and money to advertise, offer for sale, and promote its products through its distinctive
`
`mark in Oklahoma and in other states.
`
`14.
`
`Leachco, through its significant efforts, skills, and experience, has acquired
`
`and continues to acquire substantial goodwill and a valuable reputation through its use of
`
`the Mark. The maintenance of high standards of quality and excellence for Leachco's
`
`products and services contributed to this valuable goodwill and reputation.
`
`15.
`
`Upon information and belief, Jeffco manufactures and sells in interstate
`
`commerce maternity pillows with the unregistered designation CRADLEU (the
`
`"Infringing Mark"). Jeffco's CRADLEU product is closely related to Leachco's
`
`CUDDLE-U product. An example of the Infringing Mark is attached hereto as Exhibit 2.
`
`Such use of the Infringing Mark is without permission or authority of Leachco.
`
`
`
`4
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 5 of 10
`
`16.
`
`Jeffco advertises products bearing the Infringing Mark on its own website
`
`and offers them for sale via the internet in all fifty (50) states. Upon information and
`
`belief, sales of such products and other Jeffco products have been made in Oklahoma.
`
`17.
`
`Such use of the Infringing Mark is likely to cause confusion, to cause
`
`mistake, or to deceive the public into believing that Jeffco's products originate with or are
`
`sponsored by Leachco, are offered with Leachco's approval, or are offered under
`
`Leachco's supervision and control, resulting in injury and damage to Leachco.
`
`18.
`
`Leachco has requested that Jeffco cease and desist from its acts of
`
`trademark infringement and has given Jeffco actual notice of Leachco's registration, but
`
`Jeffco has refused to cease such acts. See Exhibit 3, communication from Mary M. Lee
`
`to Mark P. White, dated August 5, 2010.
`
`19.
`
`Jeffco's acts of trademark infringement and unfair competition alleged
`
`herein have been committed with the intent to cause confusion and mistake, and to
`
`deceive, and with the intent of appropriating and trading upon Leachco's goodwill and
`
`reputation. Jeffco's actions have caused, and will continue to cause, irreparable harm to
`
`Leachco and its Mark, and to the business and substantial goodwill represented thereby,
`
`and said acts and damage will continue unless enjoined by this Court.
`
`VIOLATION OF LANHAM ACT – TRADEMARK INFRINGEMENT
`
`COUNT I
`
`20.
`
`Leachco incorporates by reference and restates all material allegations of
`
`paragraphs 1 through 19.
`
`
`
`5
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 6 of 10
`
`21.
`
`The acts of Jeffco alleged herein constitute trademark infringement in
`
`violation of 15 U.S.C. § 1114(1). Jeffco's use of the Infringing Mark in commerce in
`
`connection with the sale, offering for sale, distribution, or advertising of its maternity
`
`pillows is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
`
`connection, or association of Jeffco with Leachco and as to the origin, sponsorship, and
`
`approval of Jeffco's goods, services, and commercial activities by Leachco.
`
`22.
`
`By such wrongful acts, Jeffco has caused and, unless restrained by the
`
`Court, will continue to cause serious irreparable injury and damage to Leachco and to the
`
`goodwill associated with the Mark, including diversion of customers, lost sales, and lost
`
`profits.
`
`23.
`
`Jeffco's acts of infringement in violation of 15 U.S.C. § 1114(1) were
`
`committed with the intent to cause confusion, mistake, and to deceive.
`
`24.
`
`As a result, Leachco is entitled to the remedies provided in 15 U.S.C. §§
`
`1116, 1117, and 1118.
`
`VIOLATION OF LANHAM ACT – FALSE DESIGNATION OF ORIGIN
`
`COUNT II
`
`25.
`
`Leachco incorporates by reference and restates all material allegations of
`
`paragraphs 1 through 24.
`
`26.
`
`The acts of Jeffco alleged herein constitute a false designation of origin and
`
`a false or misleading description and representation of fact in violation of 15 U.S.C. §
`
`1125(a). Jeffco's use of the Infringing Mark in commerce in connection with goods and
`
`services is likely to cause confusion, and to cause mistake, and to deceive as to the
`
`
`
`6
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 7 of 10
`
`affiliation, connection, or association of Jeffco with Leachco and as to the origin,
`
`sponsorship, and approval of Jeffco's goods, services, and commercial activities by
`
`Leachco.
`
`27.
`
`By such wrongful acts, Jeffco has caused and, unless restrained by the
`
`Court, will continue to cause serious irreparable injury and damage to Leachco and to the
`
`goodwill associated with the Mark, including diversion of customers, lost sales, and lost
`
`profits.
`
`28.
`
`As a result, Leachco is entitled to the remedies provided in 15 U.S.C. §§
`
`1116, 1117, and 1118.
`
`COUNT III
`
`UNFAIR COMPETITION
`
`29.
`
`Leachco incorporates by reference and restates all material allegations of
`
`paragraphs 1 through 28.
`
`30.
`
`The acts of Jeffco as alleged herein constitute unfair competition and an
`
`infringement of Leachco's rights in its Mark.
`
`31.
`
`Jeffco's acts were done with the intent to deceive the public into believing
`
`that goods sold by Jeffco are made by, approved by, sponsored by, or affiliated with,
`
`Leachco. Jeffco's acts as alleged herein were committed with the intent to pass off and
`
`palm off Jeffco's goods as the goods of Leachco, and with the intent to deceive and
`
`defraud the public.
`
`32.
`
`By such wrongful acts, Jeffco has caused and, unless restrained by the
`
`Court, will continue to cause serious irreparable injury and damage to Leachco and to the
`
`
`
`7
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 8 of 10
`
`goodwill associated with the Mark, including diversion of customers, lost sales, and lost
`
`profits.
`
`33.
`
`As a result, Leachco is entitled to recover any and all remedies available at
`
`common law including, but not limited to, actual and exemplary damages by reason of
`
`Jeffco's conduct.
`
`COUNT IV
`
`UNJUST ENRICHMENT
`
`34.
`
`Leachco incorporates by reference and restates all material allegations of
`
`paragraphs 1 through 33.
`
`35.
`
`Jeffco has benefitted, and continues to do so, through its use of the
`
`Infringing Mark. It would be inequitable and Jeffco would be unjustly enriched if it were
`
`allowed to retain the benefits of its wrongful use of the Infringing Mark.
`
`36.
`
`Leachco's is entitled to damages in the amount of Jeffco's unjust
`
`enrichment. Leachco also is entitled to its attorneys' fee and costs pursuant to 12 Okla.
`
`Stat. §§ 928 and 936.
`
`VIOLATION OF THE OKLAHOMA DECEPTIVE TRADE PRACTICES ACT
`
`COUNT V
`
`37.
`
`Leachco incorporates by reference and restates all material allegations of
`
`paragraphs 1 through 36.
`
`38.
`
`The acts of Jeffco as alleged herein constitute violations of the Oklahoma
`
`Deceptive Trade Practices Act, 78 Okla. Stat. §§ 51-56.
`
`39.
`
`Jeffco knowingly and willfully engaged in the deceptive trade practices
`
`alleged herein.
`
`
`
`8
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 9 of 10
`
`40.
`
`By such wrongful acts, Jeffco has caused and, unless restrained by the
`
`Court, will continue to cause serious irreparable injury and damage to Leachco and to the
`
`goodwill associated with the Mark, including diversion of customers, lost sales, and lost
`
`profits.
`
`41.
`
`As a result, Leachco is entitled to the remedies provided in 78 Okla. Stat. §
`
`54.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff Leachco prays:
`
`(a)
`
`That this Court grant an injunction pursuant to the powers granted it under
`
`15 U.S.C. § 1116, enjoining and restraining Jeffco and its agents, servants, and
`
`employees from directly or indirectly using the Infringing Mark or any other mark, word,
`
`or name similar to Leachco's Mark which is likely to cause confusion, mistake, or to
`
`deceive.
`
`(b)
`
`That this Court, pursuant to the power granted it under 15 U.S.C. § 1118,
`
`order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in
`
`the possession of Jeffco bearing the Infringing Mark and all plates, molds, matrices, and
`
`other means of making the same, shall be delivered up and destroyed.
`
`(c)
`
`That this Court grant an injunction enjoining and restraining Jeffco and its
`
`agents, servants, and employees from continuing any and all acts of unfair competition
`
`alleged herein.
`
`(d)
`
`That Jeffco be required to account to Leachco for any and all profits
`
`derived by Jeffco from the sale of its goods and for all damages sustained by Leachco by
`
`
`
`9
`
`

`
`Case 5:10-cv-01200-C Document 1 Filed 11/08/10 Page 10 of 10
`
`reason of Jeffco's infringement, unfair competition, and deceptive trade practices
`
`complained of herein.
`
`(e)
`
`That this Court award Leachco treble the amount of damages suffered by
`
`Leachco pursuant to 15 U.S.C. § 1117.
`
`
`
`(f)
`
`That this Court award actual and exemplary damages against Jeffco and in
`
`favor of Leachco by reason of Jeffco's conduct.
`
`(g)
`
`That costs of this action be awarded to Leachco.
`
`(h)
`
`That reasonable attorney's fees be awarded to Leachco pursuant to 15
`
`U.S.C. § 1117(a), 12 Okla. Stat. §§ 928 and 936, and 78 Okla. Stat. § 54(c).
`
`(j)
`
`That this Court grant such other and further relief as it shall deem just.
`
`Respectfully submitted,
`
`s/Charles E. Geister III
`Charles E. Geister III, OBA No. 3311
`Elizabeth A. Price, OBA No. 22278
`HARTZOG CONGER CASON & NEVILLE
`201 Robert S. Kerr, Suite 1600
`Oklahoma City, Oklahoma 73102
`(405) 235-7000 (Telephone)
`(405) 996-3403 (Facsimile)
`cgeister@hartzoglaw.com
`eprice@hartzoglaw.com
`
`Mary M. Lee, OBA No. 10375
`1300 E.9th Street, No. 4
`Edmond, OK 73034-5760
`(405) 285-4490 (Telephone)
`(405) 285-4491 (Facsimile)
`mml@marymlee.com
`ATTORNEYS FOR PLAINTIFF
`
`JURY TRIAL DEMANDED
`
`
`
`10
`
`

`
`Case 5:10-cv-01200-C Document 1-1 Filed 11/08/10 Page 1 of 1
`Case 5:10—cv-01200-C Document 1-1
`Filed 11/08/10 Page 1 of1
`
`Int. CL: 20
`
`Prior U.S. Cls.: 2, 13, 22, 25, 32 and 50
`
`United States Patent and Trademark Office
`
`Reg. No. 2,853,188
`Registered June 15, 2004
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`CUDDLE-U
`
`LEACHCO, INC. (OKLAHOMA CORPORATION)
`130 EAST 10TH STREET
`13.0. BOX 717
`ADA, OK 74820
`
`FOR: INFANT SUPPORT PILLOW WITH TEX-
`TILE BODY WRAP, IN CLASS 20 (U.S. CLS. 2, 13, 22,
`25, 32 AND 50).
`
`FIRST USE 5-10-2003; IN COMMERCE 6-4-2003.
`
`SER. NO. 76-528,394, FILED 6-30-2003.
`
`MARY ROSSMAN, EXAMINING ATTORNEY
`
`

`
`CUB CLUB CRADLEU MATERNITY PILLOW IN BLUE : Marketplace...
`Case 5:10-cv-01200-C Document 1-2 Filed 11/08/10 Page 1 of 1
`
`Page 1 of 2
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`Electronics and Toys Baby and Kids Baby Gear
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`Cub Club CradleU Maternity Pillow in Blue
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`$130.00
`
`Caterpillar Storage Bin
`$114.99
`
`NHL Premium Pennant Logo
`$17.99
`
`Beginner Block Set
`$134.00
`
`Hexagonal Mat
`$124.99
`
`
`
`
`
`
`
`
`
`
`
`http://marketplace.hgtv.com/Product.aspx?Lid=2625-NH1044_4132112
`
`11/8/2010
`
`

`
`Case 5:10-cv-01200-C Document 1-3 Filed 11/08/10 Page 1 of 2
`
`L A W O F F I C E
`M A R Y M . L E E , P . C .
`1 3 0 0 E . N I N T H S T R E E T , S U I T E 4
`E D M O N D , O K L A H O M A 7 3 0 3 4 - 5 7 6 0
`
`T e l e p h o n e : ( 4 0 5 ) 2 8 5 - 4 4 9 0
`F a c s i m i l e : ( 4 0 5 ) 2 8 5 - 4 4 9 1
`
`E m a i l : m m l @ m a r y m l e e . c o m
`h t t p : / / w w w . m a r y m l e e . c o m
`
`
`
`P a t e n t , T r a d e m a r k , C o p y r i g h t a n d R e l a t e d M a t t e r s
`
`August 5, 2010
`
`
`VIA CERTIFIED MAIL – RETURN RECEIPT REQUESTED
`
`Mark P. White, Esq.
`WHITE & FUDALA, LC
`57 Bedford Street, Ste. 100
`Lexington, MA 02420-4550
`
`Re: U.S. Trademark Application No. 77/942,780 for “CRADLEU”
`
`My File No. 4400-054
`
`
`
`
`
`Dear Mr. White:
`I represent Leachco, Inc., (“Leachco”) of Ada, Oklahoma, in trademark matters. Leachco
`markets a line of baby and maternity products nationwide, including an infant support
`pillow sold under the trademark CUDDLE-U. This mark is registered with the United
`States Patent and Trademark Office under U.S. Registration No. 2,853,188, a copy of
`which is attached. Leachco also sells a line of body and support pillows. You may visit
`their website at http://www.leachco.com.
`We see that your client, Jeffco Fibres, Inc., has filed an application to federally register
`the mark “CRADLEU” for bed pillows, head supporting pillows, neck-supporting
`pillows,
`and
`pillows.
` We
`have
`visited
`your
`client’s website
`at
`http://www.jeffcofibres.com/juvenile_juvenile_products.htm, and we see that your client
`is marketing its CRADLEU pillows as a children’s product. Because the goods are so
`closely related and because the marks are so similar, we are concerned that your client’s
`continued use of the CRADLEU mark might lead to customer confusion. Therefore, we
`request that Jeffco Fibres, Inc. cease all use of the term CRADLEU mark and expressly
`abandon its pending trademark application.
`Please contact me by August 31, 2010, to confirm that your client will comply with this
`request.
`Yours truly,
`
`§¨©
`
`Mary M. Lee
`MML/krs
`Enclosure: U.S. Registration No. 2,853,188
`
`

`
`Case 5:10-cv-01200-C Document 1-3 Filed 11/08/10 Page 2 of 2
`Case 5:10—cv-01200-C Document 1-3
`Filed 11/08/10 Page 2 of 2
`
`Int. CL: 20
`
`Prior U.S. Cls.: 2, 13, 22, 25, 32 and 50
`
`United States Patent and Trademark Office
`
`Reg. No. 2,853,188
`Registered June 15, 2004
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`CUDDLE-U
`
`LEACHCO, INC. (OKLAHOMA CORPORATION)
`130 EAST 10TH STREET
`13.0. BOX 717
`ADA, OK 74820
`
`FOR: INFANT SUPPORT PILLOW WITH TEX-
`TILE BODY WRAP, IN CLASS 20 (U.S. CLS. 2, 13, 22,
`25, 32 AND 50).
`
`FIRST USE 5-10-2003; IN COMMERCE 6-4-2003.
`
`SER. NO. 76-528,394, FILED 6-30-2003.
`
`MARY ROSSMAN, EXAMINING ATTORNEY
`
`

`
`Case 5:10-cv-01200-C Document 1-4 Filed 11/08/10 Page 1 of 1
`Case 5:10—cv—O1200—C Document 1-4
`Filed 11/08/10 Page 1 of 1
`
`W544 (“W W07)
`
`CIVIL COVER SHEET
`
`The .13 44 civil cover sheet and the information contained herein neither relplace norsugplemcnt the filing and seryice ofpleadin s or other papers as re uired by law, except as provided
`by local rules ofcourt. This fonn, approved by the Judicial Conference 0 the United tates in September 1974, is required fort e use oft 16 Clerk of ourt forthe purpose oftntttaung
`the ClVll docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE or THE FORM.)
`
`1. (tr) PLAINTIFFS
`LEACHO. INC.
`
`DEFENDANTS
`JEFFCO FIBRES. INC.
`
`PODIOKOC County, OK
`(b) County ot‘Rc-siclence ofl-‘irst Listed Plaintiff
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`County ofResider1ce ofFirst Listed Defendant Worcester Count!» MA
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE
`LAND INVOLVED.
`
`NOTE:
`
`(c) Attorney's (Firm Name, Address. and Telephone Number)
`
`Attorneys (I! Know)
`
`Hartzog Conger Cason & Neville
`201 Robert S. Kerr Avenue, Suite 1600
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only}
`
`Cl
`
`1 US. Government
`Plaintill‘
`
`E 3 Federal Question
`(U.S. Governrnent Not aParty)
`
`0 2 US. Govcrnrnent
`Defendant
`
`I3 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`+
`III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an"X“ in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF
`PTF
`DEF
`Cl
`I
`E 4
`D -I
`
`DEF
`D l
`
`Incorporated or Principal Place
`of Business ln This State
`
`Citizen olThis State
`
`Citizcnol'Another State
`
`Citizen or Subject ofa
`Forein Count
`
`Cl 2
`
`Cl 3
`
`El
`
`Cl
`
`2
`
`3
`
`Incorporated arm’ Principal Place
`offlusiness In Anmhfl SW3
`Foreign Nation
`
`[3
`
`5
`
`E 5
`
`D 6
`
`D 6
`
`IV. NATURE OF SUIT Placean“X" in Onell
`
`ox Onl '
`
`=
`
`-'FORFEI'fUR¥.l'PENAL’I‘Y=‘
`
`
`
`
`:-
`‘-
`E] 422 Appeal 23 use I58
`D 423 Withdrawal
`
`
`
`28 USC I57
`
`
`
`
`
`
`
`
`
`
`
`I3 320 Copyrights
`Cl 830 Patent
`N 840 Trademarir
`
`
`
`
`
`
`
`Cl
`
`
`
`
`
`
`
`Cl
`
`I3 870 Taxes (U.S. Plaintiff
`or Defendant)
`[I 871 IRS-»~Tl:ird Party
`26 USC 7609
`
`
`
`
`
`
`
`
`AFy5’5al ll’ District
`H
`Cl 7
`[3 6 Multidistrict
`fiaggégm
`i”““}5l°"(§9‘it fight
`El 4 Reinstated or El
`
`Judgmeme
`,
`Litigation
`T‘) ‘iefr
`'5 “C
`Reopened
`
`ElalSlg+({Er)Il'Ifflélfi§l{i;§glal%§l statutes unless diversity):
`
`5
`
`V. ORIGIN
`(Place anin One Box Only)
`R1 Original
`[fl 2 Removed from
`[3 3 Rernantled from
`
`Proceeding
`State Court
`Appellate Court
`
`Catgthegé.
`Briefdescription ofcause:
`Trademark Inlrrngement
`III CHECK n= Tins Is A CLASS ACTION
`UNDER F.R.C.P. 23
`
`VI. CAUSE OF ACTION
`
`
`
`
`
`
`VII. REQUESTED IN
`COMPLAINT:
`
`DEMANDS
`$75,000.00
`
`CHECK YES only it‘ demanded in cotnptaint:
`JUR‘r’l)El\IAND:
`all Yes
`:3 No
`
`Vlii. RELATED CASE(S)
`IF
`
`.
`,
`_
`(Seernstructrons).
`
`DATE
`
`JUDGE
`SIGNATURE OF ATTORNEY OF RECORD
`
`DOCKET NUMBER
`
`
`
` 1 110812010
`
`
`
`FOR OFFICE USE ONLY
`
`RECEIPT it!
`
`AMOUNT
`
`Al‘l’L\'lNG EFF
`
`JUDGE
`
`MAG. JUDGE mm%4
`
`TORTS ' "
`
`E}
`
`
`
`II]
`
`E]
`E]
`
`13
`Cl
`El
`
`Cl
`
`Cl
`CI
`LI
`CI
`
`C] no Land Condemnation
`[3 220 Foreclosure
`U 230 Rent Lease & Ejectanent
`D 2-10 Torts to Land
`E3 245 Tort Product Liability
`Cl 290 All Other Real Property
`
`
`
`PF.liSON.r\L INJURY
`PERSONAL INJURY
`El I10 Insurance
`362 Personal Injury -
`310 Airplane
`El
`U 120 Marine
`Med. Malpractice
`D 315 Airplane Product
`El 130 Miller Act
`Cl 365 §’ersorral injury -
`Liability
`D 140 Negotiable Instrument
`Product Liability
`320 Assault, Libel &
`D 150 Recovery of Overpayment El
`Cl 363 Asbestos Personal
`Slander
`&Ertforcententofluclgntcnt
`Injury Product
`330 Federal EIrrployr:rs'
`El 15] Medicare Act
`Liability
`Liability
`Cl
`[52 Recovery of Defaulted
`PERSONAL PROPERT\'
`340 Lianne
`Student Loans
`13 370 Other Fraud
`345 Marine Product
`(lixct. Veterans)
`Cl 3?! Truth in Lending
`Liability
`0 I53 Recovery oI‘Overpayntcnt
`Cl 380 Other Personal
`D 350 Motor Vehicle
`ofVeteran's Benefits
`Property Damage
`II]
`355 Motor Vehicle
`I60 Stockholders‘ Suits
`Cl 385 Property Damage
`Product Liability
`I90 Other Contract
`I95 Contract Product Liability D 360 Other Personal
`Product Liability
`ln'u
`I96 Franchise
`
`CIVILRIGHTS -'2
`
`Cl 44! Voting
`El
`442 Entploywncrrt
`D 443 Housing!
`Accommodations
`44-1 Welfare
`445 Amer. w.’l)isahilities -
`Employment
`446 Amer. w.'Disahilities —
`Other
`
`
`-100 State Reapportionment
`Cl
`D 610 Agriculture
`-llil.-ltnritrust
`Cl
`D 620 Ollter Food & Drug
`-130 Banks and Banking
`El
`Cl 625 Drug Related Seizure
`Cl 450 Commerce
`ofProperty 21 USC 88]
`D 460 Deportation
`Cl 630 Liquor Laws
`D -170 Racketeer Influenced and
`El 6-10 R.R. & Truck
`Corrupt Organizations
`El 650 Airline Regs.
`CI 480 Corlsunter Credit
`0 660 Occupational
`D 491] Cable.-lSat TV
`Safetymealth
`CI 810 Selective Service
`I3 690 Other
`
`
`
`'
`2
`-
`.
`-- - 2- -L.-XBOR .3 '
`-
`' D 850 Sectnit£esfCornn2oclitiesr
`El 710 Fair Labor Standards
`I3 861 I-[IA (13950)
`Exchange
`
`Act
`I3 862 Black Long (923)
`El 875 Customer Challenge
`[3 720 Labor/Mgrnt. Relations
`D 863 DIWCIDIWW 9105(8))
`l2 USC 3410
`El 864 SSID Title XVI
`El 710 Labon'Mgrnr.Rcporting
`Cl 890 OtlIe1'Statutory Actions
`
`Cl 365 RS] -i05()
`8: Disclosure Act
`CI
`391 Agricultural Acts
`E1 ‘M0 Railway Labor Act
`CI 392 Economic Stabilization Act
`
`I3 790 Other Labor Litigation
`El
`893 Environmental Matters
`510 Motions to Vacate
`
`D 79! Etnpl. Rel. Inc.
`El
`39-1 Energy Allocation Act
`Sentence
`Security Act
`CI 895 Freedom oflnfonnation
`Habeas Corpus:
`
`
`Act
`530 General
`90D.~\ppeal of Fee Determination
`535 Death Penalty
`Under Equal Access
`S40 Mandamus & Other D 462 Naturalization Application
`to Justice
`‘
`550 Civil Rights
`I3 463 Habeas Corpus -
`
`D 950 Constitutionality of
`555 Prison Condition
`Alien Detainee
`
`State Statutes
`D 465 Other Immigration
`
`440 Other Civil Rights Actions