Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA446811
`ESTTA Tracking number:
`12/16/2011
`
`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
`Granted to Date
`of previous
`extension
`Address
`
`Seesaw LLC
`12/17/2011
`
`103 Foulk Road, Suite 202
`Wilmington, DE 19803
`UNITED STATES
`
`Attorney
`information
`
`Purvi J. Patel
`Haynes and Boone, LLP
`2323 Victory Ave., Suite 700
`Dallas, TX 75219
`UNITED STATES
`patelp@haynesboone.com, ipdocketing@haynesboone.com
`Applicant Information
`
`85375781
`12/16/2011
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition
`Period Ends
`Motorola Trademark Holdings, LLC
`600 N. US Highway 45
`Libertyville, IL 60048
`UNITED STATES
`Goods/Services Affected by Opposition
`
`10/18/2011
`12/17/2011
`
`Class 009.
`All goods and services in the class are opposed, namely: Mobile phones, smartphones, and
`accessories therefor, namely battery chargers and power adaptors
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution
`
`Trademark Act section 2(d)
`Trademark Act section 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`
`85462286
`
`Application Date
`
`11/02/2011
`
`NONE
`
`FIRE
`
`Foreign Priority
`Date
`
`05/24/2011
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use:
`Portable and handheld electronic devices for transmitting, storing, manipulating,
`recording, and reviewing text, images, audio, video and data, including via
`global computer networks, wireless networks, and electronic communications
`networks; computers, tablet computers, electronic book readers, audio and
`video players, electronic personal organizers, personal digital assistants, and
`global positioning system devices. Computer hardware and software. Full line of
`electronic and mechanical parts and fittings for portable and handheld electronic
`devices and computers; computer components and accessories. Monitors,
`displays, wires, modems, disk drives, electrical power connectors, docking
`stations, and drivers. Battery chargers; battery packs; memory cards and
`memory card readers; headphones and earphones; speakers, microphones, and
`headsets. Cases, covers, and stands for portable and handheld electronic
`devices and computers
`Class 035. First use:
`Retail store services; on-line retail store services; providing an on-line
`commercial information directory; dissemination of advertising for others via an
`on-line electronic communications network; providing a searchable on-line
`advertising guide featuring the goods and services of others; computerized
`database management services; on-line ordering services
`Class 042. First use:
`Providing on-line network services that enable users to share content, photos,
`videos, text, data, images and other electronic works relating to entertainment,
`including, movies, television, audiovisual works, music, audio works, books,
`theatre, literary works, sporting events, recreational activities, leisure activities,
`tournaments, art, dance, musicals, exhibitions, sports instruction, clubs, radio,
`comedy, contests, visual works, games, gaming, festivals, museums, parks,
`cultural events, concerts, publishing, animation, current events, fashion,
`multimedia presentations, history, language, liberal arts, math, business,
`science, technology, hobbies, culture, sports, arts, psychology, and philosophy;
`hosting of third party content, photos, videos, text, data, images, web sites and
`other electronic works; providing search engines; providing a web site that gives
`computer users the ability to transmit, cache, receive, download, stream,
`broadcast, display, format, transfer and share photos, videos, text, data, images
`and other electronic works; providing search platforms to allow users to request
`and receive photos, videos, text, data, images and electronic works; interactive
`hosting services which allow users to publish and share their own photos,
`videos, text, data, images online; creating an online community for users to
`participate in discussions, obtain feedback, form virtual communities, and
`engage in social networking; maintenance and updating of software relating to
`computer,. providing information in the field of astronomy, weather, the
`environment, interior design, technology, computers, software, computer
`peripherals, computer hardware, geology, engineering, architecture, genealogy,
`
`

`
`medical research, and product research and testing via the internet or other
`computer or communications networks; online social networking services;
`providing a website for the purposes of social networking; providing online
`computer databases and online searchable databases in the field of social
`networking; providing information in the field of social networking. Design and
`development of computer software; computer software installation and
`maintenance; providing a website featuring technical information relating to
`computer software and hardware; computer hardware, software, application,
`and network consulting services; computer consulting; providing technical
`troubleshooting support for computer hardware; computer programming;
`document data transfer from one computer format to another; hosting of digital
`content on global computer networks, wireless networks, and electronic
`communications networks; providing an online network that enables users to
`access and share content, text, visual works, audio works, audiovisual works,
`literary works, data, files, documents and electronic works; providing a web site
`that gives computer users the ability to transmit, cache, receive, download,
`stream, broadcast, display, format, transfer and share content, text, visual
`works, audio works, audiovisual works, literary works, data, files, documents and
`electronic works; providing search platforms to allow users to request and
`receive, content, text, visual works, audio works, audiovisual works, literary
`works, data, files, documents and electronic works; providing temporary use of
`non-downloadable computer software and online facilities to enable users to
`access and download computer software; providing temporary use of online
`non-downloadable computer software that generates customized
`recommendations of software applications based on user preferences
`
`85462262
`
`Application Date
`
`11/02/2011
`
`Foreign Priority
`Date
`
`05/24/2011
`
`NONE
`
`FIRE
`
`NONE
`
`Class 016. First use:
`Printed publications, periodicals, books magazines, newsletters, brochures,
`booklets, pamphlets, manuals, journals, catalogues, and stickers
`Class 028. First use:
`Handheld unit for playing electronic games; hand-held electronic games and
`apparatus; games, electronic games, and video games
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`85462244
`
`NONE
`
`Application Date
`
`11/02/2011
`
`Foreign Priority
`Date
`
`05/24/2011
`
`

`
`Word Mark
`Design Mark
`
`FIRE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use:
`Communication services for transmitting, caching, accessing, receiving,
`downloading, streaming, broadcasting, sharing, displaying, formatting, mirroring
`and transferring text, images, audio, video and data via telecommunications
`networks, wireless communications networks, and the internet; providing an
`internet forum, online chat rooms and online communities for the transmission of
`messages among computer users; providing access to online directories,
`databases, current events websites and blogs, and on-line reference materials;
`providing access to auxiliary devices or electronic devices in the nature of
`providing telecommunication connectivity services for the transfer of images,
`messages, audio, visual, audiovisual and multimedia works among e-readers,
`mobile phones, smartphones, portable electronic devices, portable digital
`devices, tablets, or computers; Streaming of audio, visual and audiovisual
`material via the Internet or other computer or communications network;
`providing online chat rooms, internet forums and online communities for the
`transmission of photos, videos, text, data, images and other electronic works;
`transmission of podcasts; transmission of webcasts
`Class 039. First use:
`Storage of electronic media, namely, images, text, video, and audio data
`Class 041. First use:
`Publishing of books, magazines, periodicals, literary works, visual works, audio
`works, and audiovisual works; providing non-downloadable pre-recorded audio,
`visual and audiovisual works via wireless networks; entertainment services,
`namely, providing on-line portals in the field of entertainment, movies, television,
`audiovisual works, music, audio works, books, theatre, literary works, sporting
`events, recreational activities, leisure activities, tournaments, art, dance,
`musicals, exhibitions, sports instruction, clubs, radio, comedy, contests, visual
`works, games, gaming, festivals, museums, parks, cultural events, concerts,
`publishing, animation, current events, fashion shows, and multimedia
`presentations; providing prerecorded audio, audiovisual, and multimedia works
`featuring entertainment, movies, television, audiovisual works, music, audio
`works, books, theatre, literary works, sporting events, recreational activities,
`leisure activities, tournaments, art, dance, musicals, exhibitions, sports
`instruction, clubs, radio, comedy, contests, visual works, games, gaming,
`festivals, museums, parks, cultural events, concerts, publishing, animation,
`current events, fashion shows, and multimedia presentations via the internet or
`other computer or communications networks; providing on-line computer games
`and on-line interactive stories; providing online newsletters and blogs featuring
`entertainment, movies, television, audiovisual works, music, audio works, books,
`theatre, literary works, sporting events, recreational activities, leisure activities,
`tournaments, art, dance, musicals, exhibitions, sports instruction, clubs, radio,
`comedy, contests, visual works, games, gaming, festivals, museums, parks,
`
`

`
`cultural events, concerts, publishing, animation, current events, fashion shows,
`and multimedia presentations; publication of excerpts from books, periodicals,
`and literary works, and providing virtual environments in which users can
`interact for recreational, leisure, or entertainment purposes. providing
`information, news, articles and commentary in the field of entertainment,
`including, movies, television, audiovisual works, music, audio works, books,
`theatre, literary works, sporting events, recreational activities, leisure activities,
`tournaments, art, dance, musicals, exhibitions, sports instruction, clubs, radio,
`comedy, contests, visual works, games, gaming, festivals, museums, parks,
`cultural events, concerts, publishing, animation, current events, fashion shows,
`and multimedia presentations; providing information, news, articles and
`commentary in the field of education and educational institutions; educational
`services in the nature of classroom instruction and on-line distance learning on
`topics of current events, education, history, language, liberal arts, math,
`business, science, hobbies, technology, culture, sports, arts, psychology, and
`philosophy; interactive educational services in the nature of computer-based and
`computer-assisted instruction on topics of current events, education, history,
`language, liberal arts, literature, math, business, science, hobbies, technology,
`culture, sports, arts, psychology, and philosophy; educational and entertainment
`services in the nature of podcasts, webcasts, and continuing programs featuring
`news and commentary in the field of movies, television programs, audiovisual
`works, music, audio works, books, theatre, literary works, sporting events,
`recreational activities, leisure activities, tournaments, art, dance, musicals,
`exhibitions, sports instruction, clubs, radio, comedy, contests, visual works,
`games, gaming, festivals, museums, parks, cultural events, concerts, publishing,
`animation, current events, fashion, and multimedia presentations accessible via
`the internet or other computer or communications networks
`Class 045. First use:
`Introduction, personal relationship, and social networking services provided via
`the Internet or other computer or communications network; dating services; on-
`line social networking services, namely, facilitating social introductions or
`interactions among individuals; on-line social networking services designed for
`people with a common desire to meet other people with similar interests;
`monitoring of computerized data and computer systems and networks for
`security purposes; providing on-line computer databases and on-line searchable
`databases in the field of social networking; providing a social networking website
`for entertainment purposes; providing searchable databases in the field of social
`networking
`
`U.S. Application
`No.
`Registration Date
`
`85433969
`
`NONE
`
`Word Mark
`Design Mark
`
`KINDLE FIRE
`
`Application Date
`
`09/28/2011
`
`Foreign Priority
`Date
`
`05/24/2011
`
`Description of
`
`NONE
`
`

`
`Mark
`Goods/Services
`
`Class 009. First use:
`Portable and handheld electronic devices for transmitting, storing, manipulating,
`recording, and reviewing text, images, audio, video and data, including via
`global computer networks, wireless networks, and electronic communications
`networks; computers, tablet computers, electronic book readers, audio and
`video players, electronic personal organizers, personal digital assistants, and
`global positioning system devices; computer hardware and software; full line of
`electronic and mechanical parts and fittings for portable and handheld electronic
`devices and computers; computer peripheral devices; computer components
`and accessories; monitors, displays, wires, cables, modems, disk drives,
`adapters, adapter cards, cable connectors, plug-in connectors, electrical power
`connectors, docking stations, and drivers; battery chargers; battery packs;
`memory cards and memory card readers; headphones and earphones;
`speakers, microphones, and headsets; cases, covers, and stands for portable
`and handheld electronic devices and computers
`Class 035. First use:
`Retail store services; on-line retail store services; providing an on-line
`commercial information directory; dissemination of advertising for others via an
`on-line electronic communications network; providing a searchable on-line
`advertising guide featuring the goods and services of others; computerized
`database management services; on-line ordering services
`Class 042. First use:
`Providing on-line network services that enable users to share content, photos,
`videos, text, data, images and other electronic works relating to entertainment,
`including, movies, television, audiovisual works, music, audio works, books,
`theatre, literary works, sporting events, recreational activities, leisure activities,
`tournaments, art, dance, musicals, exhibitions, sports instruction, clubs, radio,
`comedy, contests, visual works, games, gaming, festivals, museums, parks,
`cultural events, concerts, publishing, animation, current events, fashion,
`multimedia presentations, history, language, liberal arts, math, business,
`science, technology, hobbies, culture, sports, arts, psychology, and philosophy;
`hosting of third party content, photos, videos, text, data, images, web sites and
`other electronic works; providing search engines; providing a web site that gives
`computer users the ability to transmit, cache, receive, download, stream,
`broadcast, display, format, transfer and share photos, videos, text, data, images
`and other electronic works; providing search platforms to allow users to request
`and receive photos, videos, text, data, images and electronic works; interactive
`hosting services which allow users to publish and share their own photos,
`videos, text, data, images online; creating an online community for users to
`participate in discussions, obtain feedback, form virtual communities, and
`engage in social networking; maintenance and updating of software relating to
`computer, Internet and password security; providing information in the field of
`astronomy, weather, the environment, interior design, technology, computers,
`software, computer peripherals, computer hardware, geology, engineering,
`architecture, genealogy, medical research, and product research and testing via
`the internet or other computer or communications networks; online social
`networking services; providing a website for the purposes of social networking;
`providing online computer databases and online searchable databases in the
`field of social networking; providing information in the field of social networking;
`design and development of computer software; computer software installation
`and maintenance; providing a website featuring technical information relating to
`computer software and hardware; computer hardware, software, application,
`and network consulting services; computer consulting; providing technical
`troubleshooting support for computer hardware; computer programming;
`document data transfer from one computer format to another; hosting of digital
`content on global computer networks, wireless networks, and electronic
`communications networks; providing an online network that enables users to
`
`

`
`access and share content, text, visual works, audio works, audiovisual works,
`literary works, data, files, documents and electronic works; providing a web site
`that gives computer users the ability to transmit, cache, receive, download,
`stream, broadcast, display, format, transfer and share content, text, visual
`works, audio works, audiovisual works, literary works, data, files, documents and
`electronic works; providing search platforms to allow users to request and
`receive, content, text, visual works, audio works, audiovisual works, literary
`works, data, files, documents and electronic works; providing temporary use of
`non-downloadable computer software and online facilities to enable users to
`access and download computer software; providing temporary use of online
`non-downloadable computer software that generates customized
`recommendations of software applications based on user preferences
`
`U.S. Application
`No.
`Registration Date
`
`85433968
`
`NONE
`
`Word Mark
`Design Mark
`
`KINDLE FIRE
`
`Application Date
`
`09/28/2011
`
`Foreign Priority
`Date
`
`05/24/2011
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 016. First use:
`Printed publications, periodicals, books magazines, newsletters, brochures,
`booklets, pamphlets, manuals, journals, catalogues, and stickers
`Class 028. First use:
`Handheld unit for playing electronic games; hand-held electronic games and
`apparatus; games, electronic games, and video games
`
`U.S. Application
`No.
`Registration Date
`
`85434021
`
`NONE
`
`Word Mark
`
`KINDLE FIRE
`
`Application Date
`
`09/28/2011
`
`Foreign Priority
`Date
`
`05/24/2011
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use:
`Communication services for transmitting, caching, accessing, receiving,
`downloading, streaming, broadcasting, sharing, displaying, formatting, mirroring
`and transferring text, images, audio, video and data via telecommunications
`networks, wireless communications networks, and the internet; providing an
`internet forum, online chat rooms and online communities for the transmission of
`messages among computer users; providing access to online directories,
`databases, current events websites and blogs, and on-line reference materials;
`providing access to auxiliary devices or electronic devices in the nature of
`providing telecommunication connectivity services for the transfer of images,
`messages, audio, visual, audiovisual and multimedia works among e-readers,
`mobile phones, smartphones, portable electronic devices, portable digital
`devices, tablets, or computers; Streaming of audio, visual and audiovisual
`material via the Internet or other computer or communications network;
`providing online chat rooms, internet forums and online communities for the
`transmission of photos, videos, text, data, images and other electronic works;
`transmission of podcasts; transmission of webcasts
`Class 039. First use:
`Storage of electronic media, namely, images, text, video, and audio data
`Class 041. First use:
`Publishing of books, magazines, periodicals, literary works, visual works, audio
`works, and audiovisual works; providing non-downloadable pre-recorded audio,
`visual and audiovisual works via wireless networks; entertainment services,
`namely, providing on-line portals in the field of entertainment, movies, television,
`audiovisual works, music, audio works, books, theatre, literary works, sporting
`events, recreational activities, leisure activities, tournaments, art, dance,
`musicals, exhibitions, sports instruction, clubs, radio, comedy, contests, visual
`works, games, gaming, festivals, museums, parks, cultural events, concerts,
`publishing, animation, current events, fashion shows, and multimedia
`presentations; providing prerecorded audio, audiovisual, and multimedia works
`featuring entertainment, movies, television, audiovisual works, music, audio
`works, books, theatre, literary works, sporting events, recreational activities,
`leisure activities, tournaments, art, dance, musicals, exhibitions, sports
`instruction, clubs, radio, comedy, contests, visual works, games, gaming,
`festivals, museums, parks, cultural events, concerts, publishing, animation,
`current events, fashion shows, and multimedia presentations via the internet or
`other computer or communications networks; providing on-line computer games
`and on-line interactive stories; providing online newsletters and blogs featuring
`entertainment, movies, television, audiovisual works, music, audio works, books,
`theatre, literary works, sporting events, recreational activities, leisure activities,
`tournaments, art, dance, musicals, exhibitions, sports instruction, clubs, radio,
`comedy, contests, visual works, games, gaming, festivals, museums, parks,
`cultural events, concerts, publishing, animation, current events, fashion shows,
`
`

`
`and multimedia presentations; publication of excerpts from books, periodicals,
`and literary works, and providing virtual environments in which users can
`interact for recreational, leisure, or entertainment purposes; providing
`information, news, articles and commentary in the field of entertainment,
`including, movies, television, audiovisual works, music, audio works, books,
`theatre, literary works, sporting events, recreational activities, leisure activities,
`tournaments, art, dance, musicals, exhibitions, sports instruction, clubs, radio,
`comedy, contests, visual works, games, gaming, festivals, museums, parks,
`cultural events, concerts, publishing, animation, current events, fashion shows,
`and multimedia presentations; providing information, news, articles and
`commentary in the field of education and educational institutions; educational
`services in the nature of classroom instruction and on-line distance learning on
`topics of current events, education, history, language, liberal arts, math,
`business, science, hobbies, technology, culture, sports, arts, psychology, and
`philosophy; interactive educational services in the nature of computer-based and
`computer-assisted instruction on topics of current events, education, history,
`language, liberal arts, literature, math, business, science, hobbies, technology,
`culture, sports, arts, psychology, and philosophy; educational and entertainment
`services in the nature of podcasts, webcasts, and continuing programs featuring
`news and commentary in the field of movies, television programs, audiovisual
`works, music, audio works, books, theatre, literary works, sporting events,
`recreational activities, leisure activities, tournaments, art, dance, musicals,
`exhibitions, sports instruction, clubs, radio, comedy, contests, visual works,
`games, gaming, festivals, museums, parks, cultural events, concerts, publishing,
`animation, current events, fashion, and multimedia presentations accessible via
`the internet or other computer or communications networks
`Class 045. First use:
`Introduction, personal relationship, and social networking services provided via
`the Internet or other computer or communications network; dating services; on-
`line social networking services, namely, facilitating social introductions or
`interactions among individuals; on-line social networking services designed for
`people with a common desire to meet other people with similar interests;
`monitoring of computerized data and computer systems and networks for
`security purposes; providing on-line computer databases and on-line searchable
`databases in the field of social networking; providing a social networking website
`for entertainment purposes; providing searchable databases in the field of social
`networking
`
`Attachments
`
`85462286#TMSN.jpeg ( 1 page )( bytes )
`85462262#TMSN.jpeg ( 1 page )( bytes )
`85462244#TMSN.jpeg ( 1 page )( bytes )
`85433969#TMSN.jpeg ( 1 page )( bytes )
`85433968#TMSN.jpeg ( 1 page )( bytes )
`85434021#TMSN.jpeg ( 1 page )( bytes )
`Fire Notice of Opposition and Exhibits.pdf ( 86 pages )(9797361 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
`
`/Purvi J. Patel/
`Purvi J. Patel
`12/16/2011
`
`

`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Mark: MOTOROLA FIRE
`- Serial No. 85/375,781
`- Published October 18, 2011
`
`Opposition No.
`
`§ §
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`SEESAW LLC
`
`Opposer,
`
`vs.
`
`MOTOROLA TRADEMARK
`HOLDINGS, LLC
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Motorola Trademark Holdings, LLC (“Applicant”) filed Application Serial No. 85/375,781 for
`
`the mark MOTOROLA FIRE (“Applicant’s Application”) on July 20, 2011 in connection with “mobile
`
`phones, smartphones, and accessories therefor, namely battery chargers and power adaptors” in Class 9.
`
`Seesaw LLC (“Seesaw”) is the owner of prior U.S. trademark applications for FIRE and KH\IDLE FIRE
`
`covering portable and handheld mobile devices (including smart devices), tablet computers, electronic
`
`book readers, battery chargers, and related accessories in Class 9 as well as various other related goods
`
`and services.
`
`Seesaw is a wholly-owned subsidiary of Amazon Technologies,
`
`Inc.
`
`(collectively,
`
`“Amazon”). The element “Fire” is identical
`
`in both marks and both cover mobile smart devices.
`
`Consumers are therefore likely to be confused as to the source of the goods thereby causing Amazon
`
`damage and diluting Amazon’s Fire brand. Amazon has attempted to resolve its concerns directly with
`
`Applicant with respect to its application, and proposed use of its junior mark, without success. As such,
`
`Amazon hereby opposes Applicant’s Application.
`
`1.
`
`Amazon is one of the world’s largest online retailers with stand—alone retail websites in
`
`the United States, Canada, China, France, Germany, Italy, Japan, Spain and United Kingdom and ships to
`
`nearly every comer of the world. Among the products Amazon distributes are smart devices, including
`
`smart phones, tablets and portable media players. Amazon also provides a wide-array of goods and
`
`services including, but not limited to, wireless telecommunications services for consumer phones, web
`
`NOTICE OF OPPOSITION OF APP. NO. 85/375,781
`Seesaw LLC vs. Motorola Trademark Holdings, LLC
`
`Page I of 12
`
`

`
`and cloud-based computer software services and providing an appstore that distributes apps to smart
`
`phones, tablets and other devices based on the Android operating system.
`
`2.
`
`Since 2007, Amazon has manufactured and distributed a family of e—reader and smart
`
`devices under the Kindle trademark. Kindle devices are capable of accessing millions of digital media
`
`products such as books, newspapers, magazines, audiobooks, games and documents which are available
`
`for purchase on the device and the Internet. Amazon distributes many of these digital products through its
`
`websites in the U.S. as well as the United Kingdom, France, Germany, Italy and Spain. The Kindle
`
`device is the bestselling electronic reader and has been the best-selling product on Amazon.com for four
`
`consecutive years.
`
`3.
`
`On May 24, 2011, almost 2 months prior to the filing date of Applicant’s Application,
`
`Amazon filed trademark applications for the marks FIRE and KINDLE FIRE in connection with smart
`
`devices, communications services, and related goods and services in Classes 9, 16, 28, 35, 38, 39, 41, 42
`
`and 45,
`
`in a Paris Convention member country. Because the U.S.
`
`is also a member of the Paris
`
`Convention, pursuant to Section 44(d) of the Trademark Act, the U.S. Patent and Trademark Office
`
`provided Amazon’s trademark applications for FIRE and KINDLE FIRE with a U.S. priority date of May
`
`24, 2011. The particulars for Amazon’s applications are as follows:
`
`
`
`
`
`
`
`
`
`
`
`Class 9: Portable and handheld electronic devices for transmitting, storing,
`manipulating, recording, and reviewing text, images, audio, video and data,
`including via global computer networks, wireless networks, and electronic
`communications networks; computers,
`tablet computers, electronic book
`readers, audio and video players, electronic personal organizers, personal
`digital assistants, and global positioning system devices; computer hardware
`and software;
`fiill
`line of electronic and mechanical parts and fittings for
`portable and handheld electronic devices and computers; computer peripheral
`devices; computer components and accessories; monitors, displays, wires,
`cables, modems, disk drives, adapters, adapter cards, cable connectors, plug—in
`connectors, electrical power connectors, docking stations, and drivers; battery
`chargers; battery packs; memory cards and memory card readers; headphones
`and earphones; speakers, microphones, and headsets; cases, covers, and stands
`for portable and handheld electronic devices and computers
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`Class 35: Retail store services; on-line retail store services; providing an on-
`line commercial information directory; dissemination of advertising for others
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`via an on-line electronic communications network; providing a searchable on-
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`line advertising guide featuring the goods and services of others; computerized
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`NOTICE OF OPPOSITION OF APP. NO. 85/375,781
`Seesaw LLC vs. Motorola Trademark Holdings, LLC
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`Page 2 of 12
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`Mark & Filin Information
`FIRE
`U.S. Serial No. 85/462286
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`
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`Priority Date: May 24, 201 1
`Filed: November 2, 2011
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`Mark & Filin Information
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`database management services; on-line ordering services
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`Class 42: Providing on-line network services that enable users to share content,
`photos, videos,
`text, data,
`images and other electronic works relating to
`entertainment, including, movies, television, audiovisual works, music, audio
`works, books, theatre, literary works, sporting events, recreational activities,
`leisure activities,
`tournaments,
`art, dance, musicals, exhibitions,
`sports
`instruction, clubs, radio, comedy, contests, visual works, games, gaming,
`festivals, museums, parks, cultural events, concerts, publishing, animation,
`current events, fashion, multimedia presentations, history,
`language,
`liberal
`arts, math, business,
`science,
`technology, hobbies, culture,
`sports, arts,
`psychology, and philosophy; hosting of third party content, photos, videos,
`text, data,
`images, web sites and other electronic works; providing search
`engines; providing a web site that gives computer users the ability to transmit,
`cache, receive, download, stream, broadcast, display,
`format,
`transfer and
`share photos, videos, text, data, images and other electronic works; providing
`search platforms to allow users to request and receive photos, videos, text,
`data, images and electronic works; interactive hosting services which allow
`users to publish and share their own photos, videos, text, data, images online;
`creating an online community for users to participate in discussions, obtain
`feedback,
`form virtual communities, and engage in social networking;
`maintenance and updating of software relating to computer, Internet and
`password security; providing information in the field of astronomy, weather,
`the environment, interior design, technology, computers, software, computer
`peripherals, computer hardware, geology, engineering, architecture, genealogy,
`medical research, and product research and testing via the intemet or other
`computer or communications networks; online social networking services.
`providing a website for the purposes of socia