Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA734600
`
`Filing date:
`
`03/18/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91219409
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`Wolverine World Wide, Inc.
`
`KENNETH L WILTON
`SEYFARTH SHAW LLP
`2029 CENTURY PARK E STE 3500
`LOS ANGELES, CA 90067-3021
`UNITED STATES
`kwilton@seyfarth.com, cprice@seyfarth.com, jsutherland@seyfarth.com,
`kelko@seyfarth.com, LAXTTABDocket@seyfarth.com
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff's Notice of Reliance
`
`Carrie Price
`
`kwilton@seyfarth.com, cprice@seyfarth.com, jsutherland@seyfarth.com,
`kelko@seyfarth.com, LAXTTABDocket@seyfarth.com
`
`/carrie price/
`
`03/18/2016
`
`WWW Notice of Reliance on Business Records No. 2 with Exhibit.pdf(2991469
`bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 86/168053
`Published in the Official Gazette of July 22, 2014
`
`WOLVERINE WORLD WIDE, INC.,
`
`Opposer,
`
`v.
`
`HAPPY PUPPIES ATHLETICWEAR, INC.,
`
`Applicant.
`
`And Related Cancellation Petition
`
`Opposition No. 91219409 (Parent)
`Cancellation No. 92060576
`
`OPPOSER WOLVERINE WORLD WIDE, INC.’S NOTICE OF RELIANCE
`PURSUANT TO RULE 2.122(e) ON BUSINESS RECORDS - NO. 2
`
`Opposer Wolverine World Wide, Inc., pursuant to Rule 2.122(e) of the Trademark Rules
`
`of Practice (37 C.F.R. § 2.122(e)) and the parties’ Stipulation Related To Trial Procedure And
`
`Introduction Of Evidence (TTABVue 18) (“Trial Stipulation”) as noted and approved by the
`
`Board (TTABVue 19), submits this Notice of Reliance on the documentary evidence attached
`
`hereto.
`
`Exhibit 8 was produced by Wolverine in response to Applicant’s discovery requests made
`
`pursuant to Fed. R. Civ. P. 33 and 34. See TTABVue 18: Trial Stipulation (“Documents
`
`produced by Wolverine during discovery can be introduced by either party via … Notice of
`
`Reliance and will be considered authentic and business records of Wolverine”).
`
`25452143v.1
`
`

`
`Exhibit 8 provides evidence relevant to the channels in which goods bearing Opposer’s
`
`HUSH PUPPIES mark are marketed and sold. Exhibit 8 also provides evidence relevant to the
`
`issues of the overlap in the consumers for the goods identified in Opposer’s registrations of its
`
`HUSH PUPPIES mark and Applicant’s application to register HAPPY PUPPIES as well as the
`
`relatedness of the goods identified in Opposer’s registrations of its HUSH PUPPIES mark and
`
`Applicant’s application to register HAPPY PUPPIES.
`
`Respectfully submitted,
`
`SEYFARTH SHAW LLP
`
`Date: March 18, 2016
`
`By:
`
`/s/ Carrie P. Price
`
`Kenneth L. Wilton
`Carrie P. Price
`Attorneys for Opposer
`WOLVERINE WORLD WIDE, INC.
`
`2029 Century Park East, Suite 3500
`Los Angeles, CA 90067-3021
`Telephone: (310) 277-7200
`Facsimile: (310) 201-5219
`
`25452143v.1
`
`2
`
`

`
`EXHIBIT 8
`EXHIBIT 8
`
`

`
`The Body Shoe
`
`2011 GLOBAL MARKETING CONTEST
`
`HP0001479
`
`CONFIDENTIAL
`
`

`
`plan - execute - win
`
`Hush Puppies announces March 2011 as “Body Shoe” month supported
`
`by a global marketing campaign and contest for Spring 2011.
`
`To drive record “Body Shoe” sales globally, Hush Puppies has created
`
`this exclusive marketing contest just for licensees.
`
`TIMELINE:
`
`2010
`JULY
`
`AUGUST
`
`SEPTEMBER OCTOBER
`
`NOVEMBER DECEMBER
`
`2011
`JANUARY
`
`FEBRUARY
`
`MARCH
`
`APRIL
`
`MAY
`
`JUNE
`
`SIGN UP
`
`BY 9/1
`
`DEVELOP PLAN
`
`BY 9/1
`
`CONFIRM
`
`BY 10/1
`
`PRODUCE / EXECUTE MARKETING PLAN
`
`BY 3/1
`
`LAUNCH
`
`BY 4/1
`
`REPORT
`
`BY 5/1
`
`WIN
`
`BY 6/1
`
`MARCH 2011 IS BODY
`
`
`
`HP0001480
`
`CONFIDENTIAL
`
`

`
`how does it work?
`
`DEVELOP A BODY SHOE MARKETING PROGRAM
`UTILIZING AT LEAST THREE ACTIVITIES
`ADVERTISING, RETAIL, WEB, PR AND EVENTS
`
`MARKETING PROGRAM MUST BE FOR
`MEN AND WOMEN
`
`MEASURE RESULTS
`FORMS AND SAMPLES PROVIDED
`
`WIN $20,000.00US
`
`GRAND PRIZE
`
`WIN $10,000.00US
`
`2ND RUNNER UP PRIZE
`
`Y SHOE MONTH!
`
` SEE OFFICIAL RULES FOR DETAILS
`
`HP0001481
`
`CONFIDENTIAL
`
`

`
`What are The Body Shoe
`marketing materials?
`
`hushpuppiesresource.com
`For help, contact Karie Sprygada
`at 616-863-3927 or
`karie.sprygada@wwwinc.com
`
` TONING &
`COMFORT
` WITH EVERY STEP.
`
` TONING &
`COMFORT
` WITH EVERY STEP.
`
`The Body Shoe
`
`The Body Shoe
`
`Get more from every step you take. Align your stride,
`tone muscles and move in comfort. Now that’s a
`smart move. The Body Shoe®.
`
`Get more from every step you take. Align your stride,
`tone muscles and move in comfort. Now that’s a
`smart move. The Body Shoe®.
`
`hushpuppies.com/bodyshoe
`
`hushpuppies.com/bodyshoe
`
`Lifestyle Advertising
`
`ADVERT
`
`RETAIL SUPPORT
`
`The Body Shoe®
`
`PAL
`
`Spring Summer 2011
`Behind the Scenes
`
`Behind the Scenes:
`Hush Puppies Body Shoe Photo Shoot
`
`The Body Shoe DVD
`
`Shop in Shop
`- 4ft with Lifestyle
`
`Table Top Logo Block
`
`Table Top Single Shoe Display
`
`INTER
`
`Shop in Shop - 8ft and Shoe Tower
`
`HP0001482
`
`CONFIDENTIAL
`
`

`
` TONING &
`COMFORT
` WITH EVERY STEP.
`
` TONING &
`COMFORT
` WITH EVERY STEP.
`
`The Body Shoe
`
`The Body Shoe
`
` Toning & comforT
`WITH EVERY STEP.
`
` Toning & comforT
`WITH EVERY STEP.
`
`The Body Shoe
`
`The Body Shoe
`
`The Body Shoe
`
`The Body Shoe
`
`Get more from every step you take. Align your stride,
`tone muscles and move in comfort. Now that’s a
`smart move. The Body Shoe®.
`
`Get more from every step you take. Align your stride,
`tone muscles and move in comfort. Now that’s a
`smart move. The Body Shoe®.
`
`Sweet action
`right here with
`every step.
`
`Sweet action
`right here with
`every step.
`
`Sweet action
`right here with
`every step.
`
`Sweet action
`right here with
`every step.
`
`Sweet
`action right
`here with
`every step.
`
`hushpuppies.com/bodyshoe
`
`hushpuppies.com/bodyshoe
`
`hushpuppies.com/bodyshoe
`
`Sweet
`action
`right here
`with every
`step.
`
` TONING &
`COMFORT
`WITH
`EVERY
`STEP.
`
`hushpuppies.com/bodyshoe
`
`DEALER INFO
`
`DEALER INFO
`
`Product Advertising
`
` TONING &
`COMFORT
`WITH
`EVERY
`STEP.
`
` TONING &
`COMFORT
`WITH
`EVERY
` TONING &
`STEP.
`COMFORT
`WITH
`EVERY
`STEP.
`
`hushpuppies.com/bodyshoe
`pies.com/bodyshoe
`
`hushpuppies.com/bodyshoe
`
`DEALER INFO
`
`DEALER INFO
`
`RTISING
`
`The Body Shoe®
`
`The Body Shoe®
`
`hushpuppies.com/bodyshoe
`
`hushpuppies.com/bodyshoe
`
`DEALER INFO
`
`DEALER INFO
`
`EVENTS
`
`The Body Shoe
`
`Try-on any pair of The Body Shoe
`ENTER TO WIN A TRIP
`to the Miraval ® Arizona Resort & Spa
`
`Miraval is a top-rated all-inclusive destination retreat - a resort, an award-
`
`winning spa, and a great getaway. Situated in the warm shade of Santa
`
`Catalina Mountains in northern Tucson, Arizona on 400 acres of idyllic
`
`land, Miraval is a place dedicated to opening eyes, minds, and hearts.
`
`The Body Shoe Spa Giveaway
`HUSH PUPPIES TRIP TO MIRAVAL(r) ARIZONA RESORT AND SPA OFFICIAL RULES
`
`Charity Event
`
`NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
`THIS SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 U.S. STATES AND WASHINGTON, D.C., 18 YEARS OR OLDER.
`Sweepstakes begins at 12:01 a.m. March 3, 2011 and ends at 11:59 p.m. ET on March 14, 2011 (Promotion Period)
`HOW TO ENTER: During the promotion period, there is one way to enter this Sweepstakes: (1) To enter in-store at a Participating Select Retailer: Enter all the requested information, your name, address, e-mail address, date of birth (day/mo/yr),
`telephone number and submit into the entry box located in the participating store location. By entering this Sweepstakes, entrants give their express permission to be contacted by Sponsors by telephone, e-mail and/or mail. One entry per person.
`Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Ballot box entries may not be mechanically reproduced. Entries that are lost, late, postage-due, misdirected, garbled,
`stolen, incomplete, illegible or incompletely received for any reason will not be eligible. All entries are due to Hush Puppies from the retailer by March 31, 2001. All entries become the property of Sponsors and will not be returned.
`ELIGIBILITY: Sweepstakes open to legal residents of the 50 United States or Washington, D.C., who are 18 years of age or older as of date of entry. Void outside the 50 U.S. States and Washington, D.C. and where prohibited by law. All employees
`of sponsors, collectively Hush Puppies Company, a division of Wolverine World Wide, Inc. and Fairchild Publications, Inc. ("Sponsors") and their immediate families are not eligible for participation in the Sweepstakes under any circumstances.
`Immediate family members include relatives living at the same address as an employee.
`WINNER SELECTION: On or about April 1, 2011, one (1) winner will be selected by random drawing from all eligible Entries received by Sponsors, whose decisions are final and binding in all respects. Odds of winning depend on the number of
`eligible Entries received prior to the entry deadline. The winner will be notified via phone/email.
`PRIZE: One (1) prize will be awarded. The winner and a guest will receive round-trip coach air transportation for two from the major commercial airport nearest the winner's home in the U.S. to Tucson, AZ, one standard all-inclusive hotel room
`(based on double occupancy) for three nights. Approximate retail value of prize is $4999USD. Actual value of the prize may vary depending on final itinerary. Travel dates, hotel location and other specifics subject to availability, blackout dates and
`other restrictions. Meals outside of the All-inclusive resort, ground transportation, up-grades, in-room charges, gratuities, incidentals and all other expenses not included, including but not limited to all local, state and federal taxes, which are the sole
`responsibility of winner. By accepting prize, winner waives the right to assert as a cost of said prize, any and all costs of redemption or travel to redeem said prize and any and all liability that might arise from redeeming or seeking said prize.
`Winner also accepts sole responsibility for any miscellaneous costs and travel documentation relating to acceptance of this prize. Travel arrangements must be made through Sponsors' agent, on a carrier of Sponsors' choice, at least 60 days prior
`to departure date. Sponsors are not responsible for any flight cancellations or postponements. Trip must be completed in a time period of the Sponsors choosing in 2011. Winner and guest must travel together on the same itinerary.
`GENERAL CONDITIONS: By participating in this Sweepstakes, entrants accept and agree to these Official Rules and the decisions of judges and Sponsors, which are final and binding in all matters related to this Sweepstakes. Potential winner will
`be required to sign an affidavit of eligibility and a liability release, and where legal, publicity release. If prize is returned as undeliverable, the potential winner does not respond within 14 days of attempted notification, or in the event of
`Try on a Pair of the Body Shoe and Enter to Win.
`noncompliance with these Official Rules, prize will be forfeited and awarded to an alternate winner. Travel companion must be 18 years of age or older and will be required to complete a liability/publicity release prior to issuance of travel
`documents. Subject to all applicable federal, state and local laws and regulations. Prize is not transferable and cannot be substituted, except that Sponsors reserve the right to substitute another prize (or portion thereof) of comparable or greater
`March 4–13, 2011
`value. No prize or cash substitution permitted by winner. Acceptance of prize constitutes consent for Sponsors and their designees to use winner's name, likeness, and entry for publicity, advertising, and promotional purposes in any and all media
`now or hereafter known without further compensation, except where prohibited. Entrants release Sponsors, Wolverine World Wide, Inc., and their respective parents, subsidiary, and affiliated companies, and advertising and promotion agencies, and
`each of their respective officers, directors, employees, representatives, and agents (collectively, the "Released Parties") from any liability or injuries incurred in connection with participation in this Sweepstakes, or acceptance or use of any prize,
`(including any travel related thereto), including, but not limited to, personal injury, death, or any claims based on rights of publicity, rights of privacy, copyright infringement or any other intellectual property right. Released Parties are not responsible
`for and shall not be liable for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Web site, Internet, or ISP availability, unauthorized human
`name
`intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, illegible, misdirected, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the
`Sweepstakes, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Released Parties are not responsible for
`street
`and shall not be liable for phone line failure or malfunction or any printing or typographical errors in any materials associated with this Sweepstakes.
`WINNER'S NAME: For the name of the winner, please send a self-addressed stamped envelope to: "Hush Puppies" Sweepstakes Winner, Hush Puppies, c/o Ann Schoen, HA164, 9341 Courtland Drive, Rockford, MI 49351. All requests for the
`winner's list must be postmarked by 4/11/11 and received before 4/16/11.
`city
`state
`SPONSORS: The Sponsor of this program is Hush Puppies Company, a division of Wolverine World Wide, Inc., 9341 Courtland Drive, Rockford, MI 49351.
`PRIVACY POLICY: Please see complete Privacy Policy online at hushpuppies.com
`email
`
`phone
`
`zip
`
`SALES
`CONTEST
`
`The Body Shoe®
`Smart Move.
`
`Toning and Comfort in Every Step.
`
`• Superior comfort system
`
`• Combines balance, anatomical
`it and climate control
`
`• Tested by university experts
`in biomechanics to enhance
`walking eficiency
`
`• No gimmicks, just real comfort
`from a brand you can trust
`
`ERNET
`
`The Body Shoe
`
`date of birth (day/mo/yr)
`
`Sweepstakes
`
`Sell Hush Puppies.
`Win up to $20 or
`Free Shoes!
`
`How to Play.
`
`1. Sell a pair of Hush Puppies from
`The Body Shoe collection. (Styles:
`Vinya, Gadana, Hatha, Angya,
`Chakra, Asana)
`
`2. Scratch off a box for every pair of
`Hush Puppies you sell. Write your
`name in the box.
`
`3. At the end of the two week contest,
`turn in this poster to your sales rep
`or mail to us by June 30, 2010.
`
`THRU
`
`(start date)
`
`(end date)
`
`• High-tech materials and it
`features typically found in
`athletic shoes
`
`• Versatile, smart, casual style
`
`Dhyana
`Black Nubuck/Mesh
`Taupe Nubuck/Mesh
`Light Blue Nubuck/Mesh
`White Leather/Mesh
`
`M 5.5-10,11,12; W 6-10,11
`EW 6-10
`
`Samadhi
`H503141
`Black Nubuck/Suede
`Dark Brown Nubuck/Suede H503142
`Taupe Nubuck/Suede
`H503143
`Light Blue Nubuck/Suede H503144
`
`H503137
`H503138
`H503139
`H503140
`
`M 5.5-10,11,12; W 6-10,11
`EW 6-10
`
`Reverie
`Taupe Nubuck
`Light Blue Nubuck
`Silver Leather
`
`M 5-10,11,12; W 6-10,11
`EW 6-10
`
`503117
`503118
`503121
`
`Wisdom
`Black Nubuck
`Taupe Nubuck
`Coral Nubuck
`
`M 5-10,11,12; W 6-10,11
`EW 6-10
`
`503126
`503127
`503129
`
`Veracity
`Black Leather/Nubuck
`Taupe Leather/Nubuck
`Silver Leather
`
`M 5.5-10,11,12
`
`H503099
`H503101
`H503103
`
`$10
`
`$2
`
`$5
`
`$2
`
`Winner:
`
`Winner:
`
`Winner:
`
`Winner:
`
`$2
`
`FREE
`SHOES
`
`$2
`
`$20
`
`Winner:
`
`Winner:
`
`Winner:
`
`Winner:
`
`$2
`
`$2
`
`$5
`
`$2
`
`Winner:
`
`Winner:
`
`Winner:
`
`Winner:
`
`For Current Stock availability please contact Customer Service at
`800-626-8696, or Online Ordering System (OAS) http://oas.wwwinc.com
`
`Sales Contest
`
`Promotional Giveaways
`
`The Body Shoe homepage
`
`HP0001483
`
`CONFIDENTIAL
`
`

`
`The Body Shoe
`
`2011 GLOBAL MARKETING CONTEST
`
` HUSH PUPPIES® The Body Shoe Global Marketing Contest 2011 – Oficial Rules
`
`1. Term and Eligibility. The Contest begins September 1, 2010, and ends April 30, 2011, and is open only to
`authorized footwear licensees of Hush Puppies. Void where prohibited by law. All federal, national, state and
`local laws, rules and regulations apply.
`
`2. To Enter. To enter the Contest, you must develop and implement a comprehensive “The Body Shoe”
`marketing program using “The Body Shoe” global marketing materials or other materials that have been pre-
`approved by Sponsor (the “Entry”). Each Entry must: (a) consist of at least three (3) documented marketing
`activities, such as advertising (trade or consumer), retail, web, and/or PR/events; (b) cover both men’s and
`women’s footwear; and (c) be capable of reporting measurable results, whether in the form of media hits,
`orders, retail sales, PR hits, or another metric. LIMIT ONE (1) ENTRY PER LICENSEE. A complete entry consists
`of: (a) one (1) completed Entry Form, available from Karie Sprygada at karie.sprygada@wwwinc.com or at
`www.hushpuppiesresource.com, to be submitted to Sponsor no later than September 1, 2010; (b) one (1)
`proposed marketing plan, which must be submitted for Sponsor’s approval no later than September 1, 2010;
`(c) implementation of the marketing program during March 2011, which is Sponsor’s global “The Body Shoe”
`month; and (d) submission of measurable results and other documentation to Sponsor no later than April 30,
`2011.
`
`3. Grant of Rights. By entering the Contest, you warrant that all components and aspects of your Entry (other
`than materials provided by Sponsor) are your original work, and you agree to indemnify Sponsor from any
`and all claims that the entry infringes the intellectual property rights of any third party. As a condition of and
`in consideration of submitting an Entry, you grant to Sponsor a perpetual, worldwide, royalty-free, irrevocable,
`exclusive license to use, adapt, modify, make available, prepare derivative works of, and distribute the Entry,
`including the marketing program, for any purpose, all without consent from or payment to you. You further
`agree to execute all necessary documents to grant and/or conirm this license. All entries become Sponsor’s
`property, and will not be returned.
`
`4. Winner Selection. After the ending date of the Contest, all eligible Entries will be reviewed by a panel of
`judges selected by Sponsor using the following criteria: (a) marketing program content and activities (50%);
`and (b) measurable results (50%). Using these criteria, the Judges will select one (1) Grand Prize winner and
`two (2) Runner-Up Prize winners. Winners will be announced at Sponsor’s Global Conference held in May
`2011. Prizes will be forfeited if any prize notiication is returned to Sponsor as undeliverable, if the selected
`entrant does not meet eligibility criteria, or if the selected entrant does not fully comply with these rules.
`
`HP0001484
`
`CONFIDENTIAL
`
`

`
`The Body Shoe
`
`2011 GLOBAL MARKETING CONTEST
`
`5. Prize. Grand Prize (1): a credit against royalties payable in the amount of US$20,000, which credit
`may be applied exclusively by the winner towards the development of new Hush Puppies concept store;
`Runner-Up Prizes (2): a credit against royalties payable in the amount of US$10,000, which credit may be
`applied exclusively by the winner towards the development of a new Hush Puppies concept store. Prizes
`are nontransferable, and may not be substituted for cash. No cash prizes will be issued. All taxes and other
`expenses are the sole responsibility of the winners. If royalties payable by a winner do not meet or exceed the
`amount of the credit, Sponsor reserves the right, in its sole discretion, to limit the credit to the amount of the
`royalties payable.
`
`6. General. By participating in this Contest, entrants accept and agree to these Oficial Rules and the decisions
`of the Sponsor, which are inal and binding in all matters related to this Contest. Acceptance of a prize shall
`constitute the winner’s consent to the use of their name and/or likeness for advertising without additional
`compensation, where not prohibited by law. Winners will be required to complete, sign, notarize and return
`an Afidavit of Eligibility and Liability/Publicity Release before being awarded the prize. The Sponsor is not
`responsible for and shall not be liable for: (a) illegible, incomplete, damaged, misdirected, stolen, late, or lost
`entries; (b) network, internet or computer malfunctions or damage related to or resulting from participating in
`the Contest; or (c) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance
`or use of the prize, or from participation in the Contest. Any entrant attempting to defraud or in any way tamper
`with this Contest will be ineligible. If for any reason the Contest is not capable of running as originally planned,
`Sponsor at is sole discretion reserves the right to modify or cancel the Contest.
`
`7. Winners. The identity of the prize winners may be requested by sending a written request to Sponsor no
`later than May 31, 2010. {00022704.DOC 2 } 8. Sponsor/Administrator. The Sponsor and Administrator of
`this Contest is Hush Puppies, a division of Wolverine World Wide, Inc., 9341 Courtland Drive NE, Rockford,
`Michigan 49351 (“Sponsor”).
`
`For additional information
`contact Vicki Vranian
`at 616-863-3875
`or vicki.vranian@wwwinc.com
`
`HP0001485
`
`CONFIDENTIAL
`
`

`
`Get Moving
`
`
` and Good Luck.
`
`© 2010 Hush Puppies is a Registered Trademark of Wolverine World Wide Inc. 69674 07/10
`
`HP0001486
`
`CONFIDENTIAL
`
`

`
`CERTIFICATE OF SERVICE
`
`Pursuant to Rule 2.119(b)(6) of the Trademark Rules of Practice, and by agreement of the
`
`parties, the undersigned hereby certifies that she caused a copy of the foregoing OPPOSER
`
`WOLVERINE WORLD WIDE, INC.’S NOTICE OF RELIANCE PURSUANT TO RULE
`
`2.122(e) ON BUSINESS RECORDS - NO. 2 to be served upon the following counsel of record
`
`via email on March 18, 2016.
`
`Richard H. Brown, Esq.
`Carrie Webb Olson, Esq.
`Ryan S. Osterweil, Esq.
`DAY PITNEY LLP
`7 Times Square
`New York, NY 10036
`Email: rbrown@daypitney.com
`colson@daypitney.com
`rosterweil@daypitney.com
`
`s/ Carrie P. Price
`Carrie P. Price
`
`25452143v.1
`
`3