Trademark Trial and Appeal Board Electronic Filing System. htfQJ/estta.usQto.gov
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Notice of Opposition
`
`Opposer Information
`
`wheeame, no
`12/07/2013
`
`Granted to Date
`
`of previous
`extension
`
`Address
`
`Greenville, SC 29602‘ UNITED STATES
`
`322 South Main Street
`
`Phone:864271 1592
`FL
`
`Correspondence
`information
`
`J. Parks Workman
`Dority & Manning, P.A.
`75 Beattie Place Suite 1100
`Greenville, SC 29602
`UNITED STATES
`
`pworkman@dority-manning.com, docketing@dority—manning.com
`
`Applicant Information
`
`Application No
`
`85915744
`
`Publication date
`
`10/08/2013
`
`Opposition Filing
`Date
`
`12/06/2013
`
`Opposition
`Period Ends
`
`12/07/2013
`
`Applicant
`
`Salt Death, LLC
`6945 Lake View Drive
`Yalaha, FL 34797
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`
`headwear; footwear
`
`All goods and services in the class are opposed, namely: Clothing, namely, shorts and t—shirts;
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`Trademark Act section 43(6)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3762960
`
`Registration Date
`
`03/23/2010
`
`Word Mark
`
`SALT LIFE
`
`Application Date
`
`08/06/2009
`
`Foreign Priority
`Date
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA575156
`ESTTA Tracking number:
`12/06/2013
`
`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
`
`To The Game, LLC
`12/07/2013
`
`322 South Main Street
`Greenville, SC 29602
`UNITED STATES
`
`Correspondence
`information
`
`J. Parks Workman
`Dority & Manning, P.A.
`75 Beattie Place Suite 1100
`Greenville, SC 29602
`UNITED STATES
`pworkman@dority-manning.com, docketing@dority-manning.com
`Phone:8642711592
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85915744
`12/06/2013
`
`Publication date
`Opposition
`Period Ends
`
`10/08/2013
`12/07/2013
`
`Salt Death, LLC
`6945 Lake View Drive
`Yalaha, FL 34797
`FL
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Clothing, namely, shorts and t-shirts;
`headwear; footwear
`
`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. Registration
`No.
`Registration Date
`
`3762960
`
`03/23/2010
`
`Word Mark
`
`SALT LIFE
`
`Application Date
`
`08/06/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`
`The mark consists of the words "SALT LIFE".
`
`Goods/Services
`
`Class 016. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`
`Stickers
`
`Class 025. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`
`Caps; Shirts; Surf wear
`
`U.S. Registration
`
`4324994
`
`Application Date
`
`06/07/2011
`
`Registration Date
`
`04/23/2013
`
`Word Mark
`
`SALT LIFE
`
`Design Mark
`
`Foreign Priority
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`Class 025. First use: First Use: 2013/02/13 First Use In Commerce: 2013/02/13
`
`Clothing and apparel, namely, jackets, pants, shoes, and sandals
`
`U.S. Registration
`No.
`
`4335287
`
`Registration Date
`
`05/14/2013
`
`Word Mark
`
`SALT LIFE
`
`Application Date
`
`12/10/2010
`
`Foreign Priority
`Date
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the words "SALT LIFE".
`
`Class 016. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`Stickers
`Class 025. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`Caps; Shirts; Surf wear
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4324994
`
`04/23/2013
`
`SALT LIFE
`
`Application Date
`
`06/07/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2013/02/13 First Use In Commerce: 2013/02/13
`Clothing and apparel, namely, jackets, pants, shoes, and sandals
`
`U.S. Registration
`No.
`Registration Date
`
`4335287
`
`05/14/2013
`
`Word Mark
`
`SALT LIFE
`
`Application Date
`
`12/10/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`DesignMark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the stylized words"Sa|t Life" with the crest of a wave
`appearing below the words.
`Class 025. First use: First Use: 2013/03/11 First Use In Commerce: 2013/03/11
`
`Women's clothing, namely, caps, shirts,T-shirts, pants, shoes, sandals, flip flops,
`beach shoes, walking shorts, caps with visors, sweat shirts and surf wear
`
`Attachments
`
`77798829#TMSN.jpeg( bytes )
`85339855#TMSN.jpeg( bytes )
`85195561#TMSN.jpeg( bytes )
`Notice of Opposition.pdf(109093 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
`
`J. Parks Workman 12/oe/2013
`
`/J. Parks Workman/
`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the stylized words"Salt Life" with the crest of a wave
`appearing below the words.
`Class 025. First use: First Use: 2013/03/11 First Use In Commerce: 2013/03/11
`Women's clothing, namely, caps, shirts,T-shirts, pants, shoes, sandals, flip flops,
`beach shoes, walking shorts, caps with visors, sweat shirts and surf wear
`
`Attachments
`
`77798829#TMSN.jpeg( bytes )
`85339855#TMSN.jpeg( bytes )
`85195561#TMSN.jpeg( bytes )
`Notice of Opposition.pdf(109093 bytes )
`
`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.
`
`Signature
`Name
`Date
`
`/J. Parks Workman/
`J. Parks Workman
`12/06/2013
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark application Serial No. 85/915,744
`
`
`To The Game, LLC
`
`
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`v.
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`Salt Death, LLC
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`Opposition No. ____________
`
`Serial No. 85/915,744
`
`
`
`Mark: SALT DEATH
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`Opposer,
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`Applicant.
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`NOTICE OF OPPOSITION
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`To The Game, LLC (“Opposer”), a limited liability company organized under the laws of
`
`
`
`
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`Georgia and having a place of business at 322 S. Main St Greenville, SC 29602, will be damaged
`
`by registration of U.S. Application Serial No. 85/915,744 for the mark SALT DEATH for
`
`“clothing, namely shorts and t-shirts; headwear; footwear” in International Class 025, filed by
`
`Salt Death, LLC (“Applicant”) on April 26, 2013, and hereby opposes registration of the same
`
`pursuant to § 13 of the Lanham Act (15 U.S.C. § 1063).
`
`
`
`
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`As grounds in support of its Notice of Opposition, Opposer asserts as follows:
`
`1.
`
`Upon information and belief, Salt Death, LLC is the owner of U.S. Trademark
`
`Application Serial No. 85/915,744 (“the ‘744 application”), filed on April 26, 2013, for the mark
`
`SALT DEATH for “clothing, namely shorts and t-shirts; headwear; footwear” in International
`
`Class 025.
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`
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`Page 1 of 5
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`

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`2.
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`Upon information and belief, the ‘744 application was filed on an intent to use
`
`basis.
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`
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`3.
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`The ‘744 application was published for opposition on October 8, 2013 in the
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`Official Gazette of the United States Patent and Trademark Office, and an extension of time for
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`Opposer to oppose has been granted to December 7, 2013.
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`
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`4.
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`Since long prior to the April 26, 2013 filing date of the ‘744 application, Opposer
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`and/or its predecessors in interest have used, advertised, and promoted the mark SALT LIFE in
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`connection with various products related to the field of clothing and apparel, including shorts, t-
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`shirts, headwear, and footwear, and in connection with other products and services.
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`
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`5.
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`Opposer owns extensive common law rights to its SALT LIFE marks. Opposer
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`also owns United States trademark registrations for its SALT LIFE marks, including at least the
`
`International Class
`& Goods/Services
`Class 16: Stickers
`Class 25: Caps,
`shirts, surf wear.
`
`
`
`Class 25: Clothing
`and Apparel,
`namely jackets,
`pants, shoes, and
`sandals.
`
`Class 25: Women’s
`clothing, namely,
`caps, shirts, t-
`shirts, pants, shoes,
`sandals, flip flops,
`beach shoes,
`walking shorts,
`
`following United States trademark registrations.
`
`Trademark
`
`U.S. Trademark
`Registration No.
`3,762,960
`
`Date of First Use
`in Commerce
`October 2003
`
`SALT LIFE
`
`4,324,994
`
`February 2013
`
`4,335,287
`
`March 2013
`
`
`
`
`
`
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`Page 2 of 5
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`

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`caps with visors,
`sweat shirts, and
`surf wear.
`
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`As a result of the use, advertising, and promotion by Opposer and/or its
`
`
`
`6.
`
`predecessors in interest of the SALT LIFE marks, Opposer’s SALT LIFE marks have acquired
`
`significant goodwill and have become famous prior to the filing date of the ‘744 application.
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`7.
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`The goods identified under International Class 025 in the ‘744 application are
`
`identical to or closely related to the goods with which Opposer uses its SALT LIFE marks.
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`8.
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`Registration and use of the SALT DEATH mark sought to be registered by the
`
`Applicant in the ‘744 application is likely to cause confusion or mistake in the minds of
`
`consumers and lead consumers to believe Applicant’s goods and services as designated are
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`goods and services of the Opposer, or in some way backed by, sponsored by, franchised by,
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`approved by, associated with, or otherwise connected with the good name and reputation of
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`Opposer, to the damage and injury of the public, and to the damage and injury of Opposer and its
`
`goodwill in its SALT LIFE marks. Registration of the ‘744 application is thus precluded under
`
`Section 2(d) of Lanham Act (15 U.S.C. § 1052(d)).
`
`9.
`
`Registration and use of the SALT DEATH mark sought to be registered by the
`
`Applicant in the ‘744 application will cause dilution of the distinctive qualities of Opposer’s
`
`SALT LIFE marks. Such dilution will likely cause damage and injury to Opposer and its
`
`goodwill in its SALT LIFE marks. Registration of the ‘744 application is thus precluded under
`
`Section 13 and Section 43(c) of the Lanham Act (15 U.S.C. §§ 1063; 1125(c)).
`
`
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`Page 3 of 5
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`

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`
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`WHEREFORE, Opposer prays that the present Notice of Opposition be granted and that
`
`registration of the ‘744 application be denied.
`
`
`
`Respectfully submitted,
`
`
`DORITY & MANNING, P.A.
`
`
`
`/s/ J. Parks Workman
`J. Parks Workman
`pworkman@dority-manning.com
`
`DORITY & MANNING, P.A.
`Attorneys at Law
`75 Beattie Place, Suite 1600
`Greenville, SC 29601
`Phone: 864-271-1592
`Fax: 864-335-0127
`
`Attorney for Opposer
`To The Game, LLC
`
`Date: December 6, 2013
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`Page 4 of 5
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`

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`CERTIFICATE OF SERVICE
`
` hereby certify that on December 6, 2013 I served a true and complete copy of the foregoing
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` I
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`NOTICE OF OPPOSITION on attorney of record for the Applicant via First Class Mail,
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`postage prepaid as follows:
`
`
`
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`
`
`Allison R. Imber, Esq.
`Allen, Dyer, Doppelt, Milbrath, & Gilchrist, P.A.
`255 S. Orange Ave STE 1401
`Orlando, FL 32801-3460
`
`/s/ J. Parks Workman
`J. Parks Workman
`
`Page 5 of 5