throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1235651
`
`Filing date:
`
`09/14/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91213597
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`Caterpillar, Inc.
`
`NARESH KILARU
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`901 NEW YORK AVENUE NW
`WASHINGTON, DC 20001
`UNITED STATES
`Primary email: docketing@finnegan.com
`Secondary email(s): laura.johnson@finnegan.com, ttab-leg-
`al-assistants@finnegan.com, naresh.kilaru@finnegan.com
`202-408-4000
`
`Plaintiff's Notice of Reliance
`
`Naresh Kilaru
`
`docketing@finnegan.com, naresh.kilaru@finnegan.com,
`laura.johnson@finnegan.com, TTAB-Legal-Assistants@finnegan.com
`
`/Naresh Kilaru/
`
`09/14/2022
`
`Attachments
`
`2022.09.14 Caterpillar Rebuttal NOR 9 and exhs.pdf(5819991 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`CATERPILLAR INC.,
`
`
`Opposer,
`
`
`
`v.
`
`
`TIGERCAT INTERNATIONAL INC.,
`
`
`Applicant.
`
`
`
`
`
`
`Opposition No. 91213597
`
`Application Serial No. 85/814,584
`Mark: TIGERCAT
`Application date: January 3, 2013
`
`OPPOSER’S REBUTTAL NOTICE OF RELIANCE NO. 9 UNDER 37 CFR § 2.122(e)
`
`Pursuant to Trademark Rule 2.122(e) and TBMP § 704.08, Opposer Caterpillar Inc.
`
`
`
`
`
`
`
`submits of record in connection with this opposition proceeding a representative sample of
`
`unsolicited articles from printed publications available to the general public in libraries, on the
`
`NEXIS database, and/or in publications of general circulation. See In re Cell Therapeutics, Inc.,
`
`67 USPQ2d 1795, 1798 (TTAB 2003).
`
`
`
`This evidence is relevant to the continuing strength and fame of the CAT mark and shows
`
`the nature and extent of the public exposure that Opposer’s CAT brand has received over many
`
`years. The evidence rebuts Tigercat’s attempt to show that the CAT mark is not strong and/or
`
`famous.
`
`Exhibit No. Publication
`
`Date
`
`PUBLICATION TITLE
`
`Exhibit 1
`
`CNBC
`
`2019.10.23 CATERPILLAR’S AUTONOMOUS
`VEHICLES MAY BE USED BY NASA TO
`MINE THE MOON AND BUILD A LUNAR
`BASE
`
`Exhibit 2
`
`Equipment World 2018.10.26 WHY CAT CHANGED ITS MACHINE
`BRANDING - AND THE STORY BEHIND
`THAT RED HEXAGON
`
`

`

`Exhibit 3
`
`Forbes
`
`2019.10.07 CATERPILLAR OR DEERE: WHICH
`HEAVY-EQUIPMENT MANUFACTURER IS
`A BETTER BET?
`
`Exhibit 4
`
`PV Magazine
`
`2018.11.12 CATERPILLAR, SUNPOWER TEAM UP ON
`CAT-BRANDED SOLAR
`
`Exhibit 5
`
`Tuscon.com
`
`2019.10.04 CATERPILLAR SHOWS OFF ITS
`CAPABILITIES FOR VP MIKE PENCE IN
`GREEN VALLEY
`
`Exhibit 6
`
`Sports Pro Media
`
`2022.05.27 MLS NAMES CATERPILLAR AS MAJOR
`SPONSOR
`
`Exhibit 7
`
`NHL.com
`
`2022.06.16 NHL, CATERPILLAR AGREE TO
`MULTIYEAR PARTNERSHIP BEGINNING
`NEXT SEASON
`
`Exhibit 8
`
`Equipment
`Journal
`
`2022.05.27 CATERPILLAR LOOKS TO ENGAGE
`SOCCER FANS THROUGH NEW MLS
`PARTNERSHIP
`
`Exhibit 9
`
`HotCars
`
`2020.09.11 THE TECHNOLOGY BEHIND CAT HEAVY
`EQUIPMENT
`
`
`
`Dated: September 14, 2022
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/Naresh Kilaru/
`Naresh Kilaru
`Laura K. Johnson
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`901 New York Avenue N.W.
`Washington, DC 20001
`Telephone: (202) 408.4000
`
`Attorneys for Opposer Caterpillar Inc.
`
`
`
`
`
`
`2
`
`

`

`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and accurate copy of the foregoing OPPOSER’S REBUTTAL
`
`NOTICE OF RELIANCE NO. 9 UNDER 37 CFR § 2.122(e) was served via electronic mail, on
`
`September 14, 2022 upon counsel for Applicant:
`
`
`
`
`
`Tamar Y. Duvdevani
`DLA PIPER LLP US
`1251 Avenue of the Americas
`New York, NY 10020
`
`Gina.Durham@dlapiper.com
`tamar.duvdevani@dlapiper.com
`marc.miller@dlapiper.com
`megan.michaels@dlapiper.com
`docketingnewyork@dlapiper.com
`
`
`
`/Judy Valusek/
`Trademark Legal Assistant
`
`3
`
`

`

`EXHIBIT 1
`EXHIBIT 1
`
`

`

`beeenMCSaeaARaaleealBusel ietmslag
`
`2CcCNBC
`eid
`Ceie
`
`
`
`
`EVOLVE GLOBAL SUMMIT 2022 | EVOLVE EVENTS:
`
`a EVOLVE
`
`EvoLWe
`
`Caterpillar’s autonomous vehicles
`may be used by NASAto mine the
`moonand build a lunar base
`w
`GUEWED,
`OCT 2¥ 20TWe
`27 AM COT)
`UPD 2 WED, OFT 52 ead PM eOT
`
`@ Bob Woods
`
`
`+ ¥ in &
`
`eis oreer eet ere
`DieOe
`
`
`
`Help your
`customers get the home
`improvement results they
`truly want with EnerBank
`
`
`
`LEARN MORE
`
`RELATED
`
`KEY
`POINTS
`
`* Caterpillars sutonomeus and remote-controlled mining equipment could Very well
`find itself on the moon when NASA is scheduled to return to the lunor surface in
`2024.
`
`Opersteriess drilling and digging machines will mine water oxyger-tich rocks and
`moon dust fer use in 3-0 priming of various marerials
`
`This iz part of CEO Jim Umpleby's goal to grow Caterpiliar’s digital and autonomy
`businesses as a way to develop new profit streams for the company
`
`* On Wednesday, Caterpillar reported earnings that badly missed forecasts and
`lowered full-year eamings guidance.
`
`
`
`te oe
`ie
`pea
`bra etl” ee
`AMASA réengéning of building @ permanent bese on The moon. tiling wilfonombud vehiches like Ihole developed by Caterpdmar
`
`Coincidentally, one of Car's latest breakthroughsis self: driving, or
`stitonomous, and remote-controlled mining equipment, which could verywell
`find itself on the moon when NASA is scheduled to returnto the lunarsurface
`in 2024, with plans to build a permanentbase nearthe orb’s south pole, part of
`the Artemis program.
`
`
`Just as. onterrestrial sites, Carerpiliar fully or semi-autonomous bulldozers,
`graders, loaders and dump trucks could be utilized to build roads, housing and
`other infrastructure, Operator-less drilling and digging machines might mine
`water, oxygen-richrocks and moondust for use in 3-1 printing of various
`materials,
`
`CNBC Evolve will retum, this time to Los Angeles, on Now. 19. Visit
`
`ens.cOm/eyolve to register.
`
`Caterpillar has been synonymous with big, heavy equipment — for farming,
`The new U.S. plan bo rival
`construction and mining—since Holt Manufacturing and C, L, Best Tractor
`China and end cornering
`of market In rare earth
`merged in 1925 to formthe Peoria, Minois-based company, Over the years,
`metals
`tons of innovation have beenbuilt into the iconic yellowproducts, too, from
`the Model 20 Track-Type Tractor introduced in 1927 to the ginormous
`engines that helped power the Apollo 11 mission to the moon 50 years ago.
`
`
`
`
`
`‘Climate change could
`bring back wind as the
`future power counce for
`ocean carge ships
`
`Bank CEO on why we can
`
`and should track gun
`purchases on credit
`cards
`
`Why Marriott, Hilton and
`Hyatt say hotel prices are
`only going up
`
`In Microsoft's Activision
`deal,it's not juet stock
`prices but a future world
`al stake
`
`

`

`
`
`“We've had a longstanding relationship with NASA,” said Denise johnson,
`group president ofCaterpillar’s resource industries unit, which produces and
`markets mining and large construction products and accounted for $10 billion
`ofCat's total $54.7 billion in sales and revenues in 2018,
`
`Developing autononious equipmentis part of Caterpillar CEO Jim Umpleby’s
`goal to continuously improve upon Caterpillar’s legacyofinnovation, as well as
`to generate new revenues in the face ofcompention and, more recently, the
`impact oftariffs in the ongoing U.8.-China rade war. Currently the company
`derives 5%-10% ofits sales from China. On Wednesday, Caterpilianmeporied
`ite third-quarter revenues and eamings, which missed estimates.
`
`Most recently, NASA and Cat collaborated on a research project from2004 ta
`20138. “The parmership focused on two technology areas: construction and
`robotic operations,” said the space agency's spokesperson Clare Skelly in an
`email. “There are many synergies berween what NASA needs to meet
`exploration goals and Caterpillar technologies used every day on Earth.”
`
`A long-term vision of the future
`Caterpillar’s initial R&D efforts to produce a fleet ofautonomous equipment
`forthe Earth-based mining industry date back to 1985, “By the early 1990s,
`we had two autonomous [hauling] trucks running at a quarryin Texas,” said
`Michael Murphy, chiefengineer in the company’s surface miningand
`technologyorganization, His team has worked on GPS, radar, LIDAR; onboard
`diagnostics, artificial intelligence and other software and hardware
`technologies necessaryfor operating autonomous and remote-contralled
`vehictes, offered today under Car's Command and MineStar brands.
`
`While Murphy's team toiled awayduring the 1990s and early 2000s —
`sometimes in partnership with outside tech companies, university engineers,
`DARPA and even Cat's mining customers — “the industry wasn't readyfor
`autonomyat that time,” he said. “They didn't see the value proposition.”
`
`
`«¢ There are many synergies between
`what NASAneeds to meet
`exploration goals and Caterpillar
`technologies used every day on
`Earth.
`= ClireSkeliy ana ceGKPkPERR
`
`Even so,that did't deter Caterpillar’s top brass from stickingto their long-
`terntautonemystrategy, which along with the vehicles included developing
`technology to operate them within an entire mining operation, with the goal of
`increasing productivity,efficiency, cost controls and worker safery,
`
`“Tr's great ifyou can provide a piece ofequipment, but how it works ina system
`— because amineis a system ofequipment that works together, almost like a
`factory — becomes really important,” Johnson explained. “Autonomy knits it
`all togetherto make those operations more efficient. It's a great example of'a
`shift in our business model.”
`
`Caterpillar’s strategy is starting to payoff— and maygive the company a jump
`on competitors such as Komatsu, Hitachi, Sandvik and Volvo, equipment
`makers also selling alitonomious equipment. “We have more autonomoussites
`than anyother provider,” Johnson said,
`
`Autonomyis becoming a key componentin the current evolution within the
`$683 billion global industry, comprising the top 40 mining companies. A
`report from Zion Market Research estimates thatthe global mining automation
`marketwill nearly double, to $6.18 billion in 2025 from $3.65 billion last
`year,
`
`“Three or four years ago not many mining companies were thinking about
`digital and innovation,” said Andrew Swart, global leader ofDeloitte's mining
`and metals practice, “Todaythere’s a rapid adoption oftechnology — replacing
`people with autonomous vehicles, automating miming processes and more
`digitization in back-office operations.It’s an industry in pretty rapid
`transformation, with some companies challenging existing business models.”
`
`
`
`

`

`Dozensof Cobeptar's autonomous hauling tucks like this one are being used by Rig Tinto anita Piibere iron-ore mine in Auntnatia,
`
`Caterpillar is leading the autonomyrevolution with both its vehicles and
`operational software. "We now have seven customers and we're on 11
`differentsites,” Johnson said, “mining oil sands, iron ore, copper and gold and
`soon coal.” Cat has deployed 220 of its own trucks, both brand-new
`autonomous vehicles — costing from $3.5 million to $5 million each —and
`existing ones that have been retrofitted.
`
`“We're also converting competitors’ trucks,” Jonsonsaid, “Our solution
`needs to be interoperable. It’s acompetitive decision we don't take lightly,
`because we recognize there are other [autonomy] providers.”
`
`Caterpillar autonomycustomers are reporting at least a 30% improvementin
`productivity when compared to manned operations, Murphysaid. One
`customer, he added, has announced an $0% improvementin safety incidents
`since introducing autonomous hauling,
`
`Testing site for mining autonomy
`Most of the autonomyactivityis occurring at mine sites outside the U.5.,
`although Newmont Goldcorp, headquartered near Denver, has tested two
`semiautonomous Caterpillar underground loaders at its Leeville gold mines in
`northern Nevada. The pilot program hassince increased to six fully
`autonomous loaders, according to Northem Nevada Business View.
`
`London-based mining giant RioTinto beganoperating autonomous equipment
`at aniron-ore mine in western Australia’s Pilbara region a decade ago. “We
`have grown our autonomous feet to more than 130 trucks, both from
`Caterpillar and Komatsu, and 26 drills,” said Stephen Melntosh, group
`executive, growth and innovation, at Rio Tinto,
`
`To transport tons of material from the site to port facilities in the region, Rio
`Tinto has developed AutoHaul,a fully autonomous heavy-haultrain. “Each
`autonomous train comprises twoor three locomotives and some 2.40 ore cars,
`making them each 2.4 km [1.49 miles] long,” McIntosh said. “In essence,
`these are the world’slargest and longest robots.”
`
` The warkd's longet! isbet, Autahaul, Rin Tirta’: auslorormats heeyhaut baie
`
`Rio Tintohas incorporated nearly complete autonomyinto its new Koodaidert
`iron ore mine in Pilbara, including autonomoustrucks, drills and trains,
`McIntoshsaid. While there are limited personnel at both the Pilbara sites, the
`mining operations, as well as AutoHaul, are monitored fromRio Tinto’s control
`center hundreds ofmiles awayin Perth.
`
`ThePilbara mines are located in an isolated, hazardous area, presenting a
`workforce challenge, which dovetails perfectly with Caterpillar’s autonomy
`strategy. “Customers are finding it diffictilt to operate in those remote
`locations, getting personnelin and outin a consistent way, which drives the
`value proposition” of autonomy, johnsonsaid. “The applicationof the
`technology becomes a necessity to make it work from a value-add
`perspective.”
`
`NASA's lunar ambitions
`
`‘That samestrategy could applyta NASA's Artemis program on the moon, not
`To mention Mars and asteroids, which are being studied as potential sites for
`30-called space mining, Yet the notion ofextracting platinum, gold and other
`valuable minerals fromheavenly bodies and propelling them back te Earth is
`more fiction than science. “The economic analysis doesn't make sense,” said
`Angel Abbud-Madrid, director ofthe Center for Space Resources at the
`Colorado Schoolof Mines in Golden, when you consider the costs to identify.
`extract, process,refine and transport them. Combined, they're virtually ourot
`this world,
`
`TE“SE
`
`

`

` A rendering of an suteneeous deifiet being used to mine water under the lunar suriace
`
`More realistic, Abbud-Madridsaid, is the idea of using a variety of resources to
`sustain extraterrestrial bases for long periods oftime. NASA has been
`exploring the concept, knownas in-situ resourceutilization (SRL), forits
`outer-space missions — which brings us back to Caterpillar, “ISRU would
`require infrastructure and a suite ofsupporting capabilities that can operate
`witha certain degree ofautonomy,”said Skelly, thoughdeclining to name Cat
`asa potential partner.
`
`The difficult logistics and the multi-billions it would cost to rocket mining and
`construction equipment into space still need to be worked out, but in the
`meantime, Caterpillar continues to prepare for otherworldly opportunities,
`‘One example is the company’s primary sponsorship of NASA's annual Robotic
`Mining Competition, a university-level event held at the KennedySpace
`Center in Florida. More than 45 collegiate teams design and build remote-
`controlled mining robots to traverse a simulated Martianterrain.
`
`Whether or not Cat's autonomous equipmentwill somedaybe operating on
`Mars.and the moon remamsto beseen. “Ldon't knowif we've thoughtthat far
`ahead,” Johnsonsaid. More immediate is continuing to develop irs autonomy
`Strategyin an increasing competitive marketplace. “We always want to
`challenge ourselves to think outside the box,” she concluded.
`
`
`
`MOREIN EVOLVE
`
`Mob Wenels,
`
`FachVallewe
`
`Climate change could
`bring back wind as
`the future power...
`
`The D’Amelio’s, ‘TikTok’s first
`family,’ launch new creator
`economyventure
`
`Why Chipotle would
`rather be loved by
`customersthan...
`Brooke Bell
`
`READ MORE ~~
`
`Ceara
`
`2ACNBC
`
`Peaeels
`aires
`Dd
`
`Neelam|e
`
`pa
`
`fi
`
`CNBC Councils
`Tel
`Pas
`Sore eerie]
`
`ra)
`Reid
`C
`
`mild
`.
`
`eeame
`
`ff Vin Oge i
`
`bee em Case
`Ha
`ea
`
`Sihcilctmatie
`
`|
`
`

`

`Thesly
`
`et
`
`

`

`EXHIBIT (cid:21)
`EXHIBIT2
`
`

`

`
`EQUIPMENT
`WORL
`Equipment
`etterRoads
`Bigiron Dealer
`Business
`Technology Workforce
`&
`
`EQUIPMENT
`
`Why Cat changedits machine
`branding—andthestory behind that
`red hexagon
`Wayne Grayson
`
`Oct 26, 2018 | Updated Noy 30, 2018
`
`A growing productline and competitor imitation were two majorfactors in the
`recently unveiled redesign of the Caterpillar trade dress, the combination of
`logo and styling that the company uses to brand its machines and other
`products, This is according to Ed Stembridge, product identity manager at Cat
`and the leader of the design team behind the new product styling.
`
`Stembridge discussed the new productstyling and the processofits
`development during an interview with Equipment Worldin the days following
`its reveal,
`
`Asa 17-year veteran of the company well-versed in its bothits history and the
`sbtides it has taken into the digital age, Stembridge 15 uniquely suited to lead
`something as critical as dreaming up a new look for the company’s heavy
`equipment and variety of other products. He also led the team behind the last
`trade dress redesign, developed between 2005 and 2006.
`
`That trade dress design, called "Power Edge”inside Cat, placed the familiar
`“CAT” logo ona black background with a diagonal red bar. Stembndge says that
`“Power Edge”is a lasting design that has given Cat machines a “strong visual
`identity.” However, a lot has changed for Cat in the 12 yearssince that trade
`
`dress design rolled out.
`
`“For one thing we've seen just a tremendous increase in the amount of
`technology that's ina Cat product,” Stembridge says, “That's driven some
`challenges to how we apply the brand to a product. Ina lot of cases we have
`grilles and other features that may not have been there 10 years ago that makeit
`harder to brand the machine and integrate that branding into the machine's
`design.”
`
`
`
`

`

`Ready to Run - Fast Delivery Lincoln Electric=
`
`All New Torchmate® 5x10 Table
`
`Open >
`
`Anotherdifference in the company driving the need fora change, Stembridge
`says,is the size of Cat’s product offering. He says the companylikely has 30-40
`percent more distinct products now than it did when “Power Edge” was
`released.
`
`But there were also external factors in the redesign, Stembridge says. "We have
`seen a proliferation of competitors starting to use an imitation of the Power
`Edge design on their machines,” he says. "The more that happens the moreit
`weakens the association of that trade dress to our brand.”
`
`Stembridge did not say what specific competitors were guilty of such
`“imitation,” but if you Google around you can find some pretty obvious
`examples of what he means.
`
`These concerns culminated about 18 monthsago in the first discussions inside
`Cat focusing on when a goodtime to roll out a new trade dress design might be.
`The development of that design began in January of this year, Stembridge says,
`and took aboutsix months.
`
`There were three main goals Stembridge and the “several dozen” Caterpillar
`employees that took part in development had for the new design. First, Cat
`wanted itto communicate “the level of technology and capability" found in its
`new products. Second, it needed to be more modular and adaptive to machines
`of all different designs and sizes, fram mining shovels down to home and
`outdoor generator sets. Third, it needed to evoke the sense of a premium brand.
`ASWEETHEAENT
`
`plate Plasma Table Linealn Blectrin®
`
`All New Torchmate® 5x10 Table
`
`Open >
`
`To kick off the design process, Stembndge and his team looked to the past for
`inspiration. "We wanted to steep ourselves in the history of the brand,” he says.
`
`The team also reached out to each product group within Cat to learn what ways
`the “Power Edge” design could be improved upon.
`
`"As we started coming up with concepts, | asked the team to explore a very wide
`range of ideas from graphic treatments and how we apply them, We went very
`wide with those concepts and we would meet and have a critique and throw out
`the ones that didn't work,” Stembridge explains.
`
`More than 500 different conceptual designs were generated during the design
`process, Stembridge says. These were inspired by a central ideation board that
`featured images of premium brand products, Stembridge says. “Apple
`computers, Stihl chainsaws, Mercedes automobiles. We looked at how those
`products are visually represented,” he says. “We basically took the aspects of
`what weliked about certain brands and treatments they used and we explored
`that heavily during our own development.”
`
`Slowly, those hundreds of concepts were whittled downto a favorite seven
`designs among the team. Those seven were then reduced toa final three, from
`which the winning design was chosen.
`
`
`
`The result is what Cat calls “Modern Hex,” and by the end of 2020,it will roll out
`across Cat's wide range of products.
`
`

`

`Whereas “Power Edge” wasdistinctive forits simple, high-contrast, flat design,
`“Modern Hex”is full of character and depth.
`
`ALYINTE
`
`All New Torchmate® 5x10 Table Lincoln Electric®
`
`Open >
`
`te
`
`The resulting design still prominently features the iconic "CAT" logo, but places
`it above and diagonal to a 3D, red hexagon surrounding a grille pattern. The Cat
`logo itself has also received some updating.For this trade dress design Cat has
`dressed the logo in drop shadowsand a silvery shade that give it athree-
`dimensional, steel-like quality.
`
`Stembridge says this treatmentof the Cat trademark was based in the team’s
`foalfor a more premium brand look and feel. He adds that as Cat has showed
`the new design to people, the 3D effect of the graphics have led them to
`actually approach and feel the new decals, wondering whether they were
`physically embeddedinto the side of the machine,
`
`The steel treatment has also been given to the machine model number, which
`now sits separate fram the “CAT” logo, and even has its own smaller
`hexagon/grille. This separation is part of Modern Hex's modularity, allowing
`more flexibility for where the model numberis placed on the machine. "We
`always want the Cat logo to be the hero image on a machine,” Stembridge says.
`“But we also want the model number to be the sidekick, if you will.”
`
`And though the new designis primarily focused on bringing the company's
`products into the future, the company says it chose to make the hexagon red as.
`a nod its past. The red is the same shade as the wavy “CATERPILLAR” logo found
`onthe company’s first crawler tractors, which were painted gray when they were
`introducedin 1925.
`
`Though the Cat logo remains the star element of the new design, this new red
`hexagon is a very close second. But how and whydid the hexagon become such
`a prominent figure in Cat's new trade dress?
`
`Stembridge says the hexagon has been used in Cat designs since 2006, when
`the company began using the shapeinits radiator grille design on heavy
`equipment. Over the last decade, the hexagon has slowly built upits influence
`within the company’s design language, spreading to use as a texture for floor
`mats and eventually finding its way into the company’s marketing materials.
`ALOT ETNA NH
`
`¥ 10 Pun-Fast Delivery Lincaln Electric®
`
`Open >
`
`Up until now thoughit’s always been used as a texture or a background
`clement.
`
`But the hexagon has become such a common design theme that when tasked to
`generate concepts for the new trade dress, Cat designers reached, perhaps
`instinctively, to the shape as a possible complementary element to the Cat logo.
`
`Stembridgeliked the idea of the hexagon taking ona more prominent role. “So
`we said, ‘Let’s own that shape,”he recalls,
`
`Of course, Stembridge is aware that the design won't please everyone and says
`that there are probably a lot of folks out there scratching their heads over
`“Modern Hex”. However, he isn't taking any negativefirst reactions to the
`design that come his way as a final verdict.
`
`“A new design is always polarizing to folks, We went through that when we
`Introduced “Power Edge,
`he says. “Once folks see it out there in the field
`working, we think thatit’s really going to be well received.”
`
`Don't Miss Out
`Get the business tips, industry insights and trending news every
`contractor needs to knaw in the Equipment World newsletter,
`
`

`

`Pietected by eeCAPTOHA andthe Gon
`
`Enter your email
`Dy providing yous derail, pou dgre
`
`ie
`
`
`
`
`
`
`Comments
`Post a Comment
`You must be signed into leave a
`comment, To sign in orcreate-an
`account, enter your email addressand
`we'll send you a one-click sign-in link,
`
`Email Address *
`
`CONTINUE
`
`This. article hasn't received any comments yet. Want.to start the conversation?
`
`RELATED STORIES
`
` EQUIPMENT
`
`EQUIPMENT
`JLG celebrates manufacturing
`250,000th telescopic boom
`lift
`
`PARTNER INSIGHTS.
`EQUIPMENT
`Deere’s new MH60D mulching How to Manage Your Rising
`head chews up 8"trees, 12"
`Fuel Costs
`stumps
`
`ACY DRET CREAT
`
`Free Up Your Forklifts
`
`
`
`Lift Products, Inc
`
`Get Quote >
`
`IMT achleves longest, highest
`lift capacity with 42684
`loader crane
`
`TOP STORIES
`
`
`
`
`
`
`
`PICKUPS
`
`2022 Nissan Frontier
`Pro-4X Test Drive: A
`Good Time Off-Road
`and On
`The midsize pickup also beat its EPA-rated
`highway mpg with its best-in-class 310-
`horsepower 3.8-liter V6.
`
` BUSINESS
`
`COLLECTORS CORNER
`EXCAVATORS
`THE DIRT
`Finding a 1940 Cat D6 with
`Video: Case Unveils New E
`Video: What 50 Great About
`Caterpillar Settles Long-
`
`Running IRS Tax Dispute with=‘Tiltrotators? Series Excavator Linoup Wood Cab and Other Rare
`
`No Fenalties
`Specimens
`
`“WORLD
`coitracher oftheyee
`
`Equipment World Contractor of the Year
`The Contractor of the Year contest recognizes contractors who
`have annual revenues of between $3 million and $15 million and
`exemplify the highest standards of construction professionals.
`
`a eel 3
`
`fj WHITE PAPERS
`
`8 Important Signs You're Ready For Flaet
`Vehicle Tracking
`Are you ready forvehicle tracking? Go through our checklist ta
`fearn the 8 signs you're ready to add fleet tracking to your
`business. Get our eBook now,
`
`

`

`
`
`MOST POPULAR
`
`Lift Products, Inc
`
`Ge Quote >
`
` [4]
`
`[1 BUSINESS
`Caterpillar Settles Long-Running
`IRS Tax Dispute with No Penalties
`
`THE DIRT
`Video: What So Great About
`Tiltrotators?
`
`EXCAVATORS
`Video: Case Unveils New E Series
`Excavator Lineup
`
`BETTER ROADS
`Remnantsof Toledo's Old DiSalle
`Bridge Blown Up (Video)
`
`
`
`[3]
`
`iG
`
`BETTER ROADS:
`Flatiron Vows to Fix Design on
`Harbor Bridge after TxDOT
`Default Notice
`
`PAY AND BENEFITS
`Union Disregards CNH Offers to
`End Strike as “Breadcrumbs”
`
`No Forklift Required To Load
`
`
`
`
`Lift Products, Ine
`
`Get Quote
`
`
`
`
`ae
`
`seriaeeie taney
`beete Ee UREulemai
`Puree Ue stiaadee
`Cetteami leea
`
`es
`WORL
`
`Peeps talead
`Ove
`
`Lit
`ors
`tateTome
`Re|
`ttss
`
`ayita
`ea
`Pratsgfe)ToL
`branna
`
`DUtli
`
`cit
`nal information | Contact Us
`nm Notice | Do Not Sell My Pe
`eteee ace deen Meee
`Paria erate
`Petes
`
`

`

`EXHIBIT (cid:22)
`EXHIBIT 3
`
`

`

`Fobscribe
`
`PieperLec SEUaeCSRLmpee ee
`
`Forbes
`
`California Wants 100% Electric
`Vehicles By 2035. Will Its EnergyGri
`
`Twitter Stork Gained 9%In One
`Week, Where Is Ir Headed?
`
`SkP 500 Economic Earnings: WACC Is
`
`Still A Drag Tn2f}22
`
`HowTo Avetd The Worst Sector
`Mutual Funds 3f)22
`
`What's Happening With Cardinal
`Health Stork?
`
`CVS Health Stock
`This Giant Rerall,
`
`
`
`Caterpillar or Deere: Which
`Heavy-Equipment
`ManufacturerIs A Better Bet?
`Tratis Taam
`ert
`
`(@) this articte ts more than 2 yoars old.
`
`Caterpillar and Deere are two of the
`largest heavy-equipment
`manufacturers in the world, Although
`the two companies make heavy
`
`
`Great Speculations
`equipment, their primary product offering is quite different. Caterpillar is
` iditionally, you can find more Trefis Textiles, Apparel ard Luxury Revent
`
`essentiallya construction equipment
`that dabbles ix
`
`compa.
`equipment while Deere is a farm
`
`nd construction equipment.
`equipment companythat also mak
`Despite their different focus, the revenue sources for both companies are
`nearlyidentical.
`
` 1g met
`compares key oper
`
`for Deere vs Caterpillar in an
` e dashboard, and concludes that Caterpillar's business is larger
`and more profitable—with the company faring better on most counts.
`
`The dashbourd captures historic:
`performance trends for Caterpillar
`r recent years along with ourforecast fi iF 2019.
`
`and Deere
`AL
`Good Industry Data here.
` «By ~50%, But
` erpillar’s Revenues Exceed Deere
`Deere Has GrownAt A Faster Pace Over Recent Years
`
`
`a Deere. Caterpillar’s total
`« Caterpillaris notablybigger
`
`reventies in 2038 stool al $55 billion — alma:
`nore thar
`Deer $a7 billion,
`« However, Caterpillar has added roughly $7.7 billion tototal
`revenuesince 2015 at an average annual rate of 5.2%. On the
`other hand, Deore has been able to. add roughly$8.5 billion to
`total revenues, growing at an ave ge annual rate of 975,
`« Strong commodity market fundamentals, robust demand from
`
`the Asia-Pacific
`region, higher demand levels for non-residential
`constructionactivities and increased demand for heavy
`construction, quarry and aggregate equipment have helped
`
`
`Caterpillar achieve
`strong revenue growth while h
`igher shipment
`
`volumes and better price realization a
`
`egments have contibuted to Deere’s growth
`
`a
`
`

`

`LaPena Gall
`
`eee (eee
`
`+ Both companies have been able to achieve robust growth since posting a decline in revenues for 2016, Since 2016, Caterpillar has
`
`
`Score 5% Back In Your Top Spending Category With
`NewCiti Custom Cash Card
`Dy Robin Sake Frankel
`
`What Is-A Margin Call?
`War Tretina
`
`Deere’s average revenue growth of 2.5% since 2015 is
`marginally better than Caterpillar’s figure of 1.;
`
`added $16.1 billion — almost 50%more than Deere’s revenue
`add in of $10.7 billion,
`
`« Upbeat metal and energy prices coupled with strong demandfor
`power generating products has led to a higher demand for
`Caterpillar’s products,
`
`+ On the other hand, Deere’s Construction segment (which swelled
`with the acquisition of Wirtgenin 2017) has beenthe largest
`eontributarto ils revenues, Moreover, supportive comprices have
`boosted the demand for company’s agricultural equipment.
`
`Caterpillar’s Operating Margin Has ShownConsiderable
`Improvement Over The Last Couple Of Years
`
`opposed to Deere’s 12%
`
`« Deere had reported an overall higher operating margin than
`Caterpillar. However, strong revenue growth coupled with
`expansion in the gross margin have helped Caterpillar's margin
`swell over the last couple ofyears.
`
`* As of 2015, Caterpillar’s operating margin stoorl at 14.9%a5
`
`READ MORE
`
`
`
`China's Covid Catastrophe: Contextual Evidence
`
`(Part 1: Demography, Economics)
`
`Comparing the two largest revenue driver: CATs Construction
`Industries and Deere’s Agriculture and Turf Equipment
`
`= Decre’s Agriculture Segment consistently contributes a majority
`aa ofits revenues, with an average revenue share of more than 65%
`in the last 3 years. The segment has added $3.4 billion to total
`revenuesince 2016 at an average annual rate of 5.4%.
`
`ie
`
`
`revenue composition in more
`+ On the other hand, Caterpillar's
`balanced with Construction segment accounting for 40% oftotal
`revenue and the Energy segment contributing 35%,
`
`pace than Deere's — adding more than $5billion to total revenue
`
`« Moreover, since 2015, CAT’s largest division has grownat a faster
`
`at an average annual rate of
`
`= However, Caterpillar’s Construction and Deere’s Agriculture
`segments have similar profitability-with both operating at
`EBITDA margins of roughly17%
`
`Howdoes Caterpillar fare against Deerein terms of key
`metrics like Return on Assets (RoA), Asset Turnover Ratio,
`Inventory Turnover Ratio and P/E Ratio? Trefis details trends in
`these metrics
`
` in the interactive dashboard.
`
`Conclusion: Caterpillar Is Larger And More Profitable
`
`

`

`« Caterpillar
`Be
`hee
`
`much higher profitability than Deere.
`vetber uti
`reso
`
`pts and asset tumoy
`
`
`
`
`Hence,
`il
`is no surprise that the m
`t values Catery
`eptember 2019, Caterpillar's market valu
`than De
`5
`
`
`
`
`$7obillion — almost 40% more
`thanthatof
`
`*
`
`*
`
`
`
`:
`
`90billion,
`
`air value
`
` billion,
`
`company
`« Both the
`4:
`
`ent Given the
`
`
`metr , We expect both Cat
`
`awth in the coming years.
`
`? See HowIt's Po
`
`
`For CFOs and Finance Teams| Product, R&D, and Marketing
`Teams
`
`
`
`
`
`MoreTrefis Data
`
`
`
` Likeot re example interactive dashboards and create
`own
`
`
`
`
`
`Trefis Team
`
`Lattorn dashboards.tretla.com)
`
`
`helgd
`
`you
`
`understand how
`
`a, Read More
`
`eeeeTMteRedd
`
`a
`
`co
`
`
`
`

`

`EXHIBIT (cid:23)
`EXHIBIT 4
`
`

`

`- pyr
`
`Global cuid
`
`i
`
`L
`
`Pe| BoonLD|
`
`oa Beata
`
`Caterpillar, SunPower team up on CAT-
`branded solar
`ded SunFower modules wil
`Caterpillar
`
`ited States,
`South Amer
`ica, and the Middle East ~but not yet the
`
`NOVEMBER 12,2048 CHRISTIAN ROSHIIND
`
`
`
`Tevinlenies:
`
`Email
`
`*
`
` li be available in Southeast Asia, Africa,
`
`Cl BS GECe Ee
`=a
`
`
`
`-
`
`
`
`Select Editeonts) *
`Hold C1
`
`
`Global (English. daily)
`Gerrparty (|
`daily)
`
`1S (Ene
`
`
`
`Subscribe to o

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket