Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA693929
`ESTTA Tracking number:
`09/04/2015
`
`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
`Entity
`Address
`
`Salt Life, LLC
`Limited Liability Company
`322 South Main Street
`Greenville, SC 29601
`UNITED STATES
`
`Citizenship
`
`Georgia
`
`Attorney informa-
`tion
`
`J. Parks Workman
`Dority & Manning, P.A.
`P.O. Box 1449
`Greenville, SC 29602-1449
`UNITED STATES
`docketing@dority-manning.com, pworkman@dority-manning.com,
`dhaars@dority-manning.com Phone:8642711592
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86592650
`09/04/2015
`
`Publication date
`Opposition Peri-
`od Ends
`
`09/01/2015
`10/01/2015
`
`Giovannetti, Vincent
`12706 Pawnee Rd
`Apple Valley, CA 92308
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2014/06/22 First Use In Commerce: 2014/12/31
`All goods and services in the class are opposed, namely: Board shorts; Hats; Sweaters; T-shirts;Tank
`tops
`
`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
`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
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`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
`
`2959429
`
`06/07/2005
`
`SALT LIFE
`
`NONE
`
`Application Date
`
`09/04/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Class 025. First use: First Use: 2003/10/02 First Use In Commerce: 2003/10/02
`Clothing and apparel, namely, caps, shirts, T-shirts, [ underwear, socks, pants,
`sweaters, jackets, shoes, sandals, ] bathing suits, Bermuda shorts, walking
`shorts, [ wet suits, ] swim trunks, caps with visors, visors, fleece pullovers, sweat
`shirts, surf wear, [ briefs, boxer briefs, panties, wind resistant jackets ]
`
`U.S. Registration
`No.
`
`4627064
`
`Application Date
`
`03/22/2013
`
`

`
`Registration Date
`
`10/28/2014
`
`Word Mark
`Design Mark
`
`SALT LIFE
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2003/10/02 First Use In Commerce: 2003/10/02
`Clothing, namely, hats, caps, shirts, T-shirts, shorts, swim trunks, visors, fleece
`pullovers, sweat shirts, surf wear,jackets, pants, bandanas, sun sleeves,
`dresses and footwear
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4562190
`
`07/08/2014
`
`SALT LIFE
`
`Application Date
`
`10/09/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "Salt Life" in stylized form with crossed fishing
`poles between the "Salt" and "Life" and with a skull positioned above the
`crossed fishing poles.
`Class 025. First use: First Use: 2007/01/05 First Use In Commerce: 2007/01/05
`Clothing, namely, shirts, sweat shirts and caps
`
`Attachments
`
`77798829#TMSN.png( bytes )
`
`

`
`85339855#TMSN.png( bytes )
`85883591#TMSN.png( bytes )
`85749357#TMSN.png( bytes )
`DLTA-224-TM-L Notice of Opposition_04SEP2015.pdf(174400 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
`09/04/2015
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark application Serial No. 86/592,650
`
`
`
`Salt Life, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`Vincent Giovannetti
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` )
`
`
`
`)
`Opposer,
`
`)
`
`
`
`)
`
` )
`
`
`
`)
`
`
`
`)
`
` )
`
`
`
`)
`
`
`
`)
`Applicant.
`
`)
`
`
`
`Opposition No. ____________
`
`Serial No. 86/592,650
`
`Mark: SALT PRO
`
`
`
`NOTICE OF OPPOSITION
`
`Salt Life, LLC (“Opposer”), a limited liability company organized under the laws of
`
`
`
`
`
`Georgia having a place of business at 322 South Main Street, Greenville, SC, 29601, will be
`
`damaged by registration of U.S. Application Serial No. 86/592,650 for the mark SALT PRO for
`
`“Board shorts; Hats; Sweaters; T-shirts; Tank tops” in International Class 025, filed by Vincent
`
`Giovannetti (“Applicant”) on April 9, 2015, and hereby opposes registration of the same
`
`pursuant to § 13 of the Lanham Act (15 U.S.C. § 1063).
`
`As grounds in support of its Notice of Opposition, Opposer asserts as follows:
`
`1.
`
`Upon information and belief, Vincent Giovannetti is the owner of U.S. Trademark
`
`Application Serial No. 86/592,650 (“the ‘650 application”), filed on April 9, 2015, for the
`
`mark SALT PRO for “Board shorts; Hats; Sweaters; T-shirts; Tank tops” in International
`
`Class 025.
`
`Page 1 of 6
`
`
`
`
`
`
`
`

`
`
`
`2.
`
`Upon information and belief, the ‘650 application was filed on a use in commerce
`
`basis.
`
`
`
`3.
`
`The ‘650 application was published for opposition on September 1, 2015 in the
`
`Official Gazette of the United States Patent and Trademark Office.
`
`
`
`4.
`
`Since long prior to the April 9, 2015 filing date of the ‘650 application, the
`
`alleged first use date of June 22, 2014 set forth in the ‘650 application, and the alleged first use
`
`in commerce date of December 31, 2014 set forth in the ‘650 application, Opposer and/or its
`
`predecessors in interest have used, advertised, and promoted the mark SALT LIFE in connection
`
`with various products related to the field of clothing and apparel and in connection with other
`
`products and services.
`
`
`
`5.
`
`Opposer owns extensive common law rights to its SALT LIFE marks. Opposer
`
`also owns United States trademark registrations for its SALT LIFE marks, including at least the
`
`following United States trademark registrations.
`
`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: Clothing
`and apparel,
`namely, caps,
`
`
`
`Trademark
`
`U.S. Trademark
`Registration No.
`3,762,960
`
`Date of First Use
`in Commerce
`October 2003
`
`
`
`SALT LIFE
`
`4,324,994
`
`February 2013
`
`SALT LIFE
`
`2,959,429
`
`October 2003
`
`
`
`Page 2 of 6
`
`

`
`shirts, T-shirts,
`bathing suits,
`Bermuda shorts,
`walking shorts,
`swim trunks, caps
`with visors, visors,
`fleece pullovers,
`sweat shirts, surf
`wear.
`
`
`
`Class 25: Clothing,
`namely, hats, caps,
`shirts, T-shirts,
`shorts, swim
`trunks, visors,
`fleece pullovers,
`sweat shirts, surf
`wear, jackets,
`pants, bandanas,
`sun sleeves,
`dresses and
`footwear.
`
`
`
`Class 25: Clothing,
`namely, shirts,
`sweat shirts and
`caps.
`
`SALT LIFE
`
`4,627,064
`
`October 2003
`
`4,562,190
`
`January 2007
`
`
`
`
`
`6.
`
`As a result of the use, advertising, and promotion by Opposer and/or its
`
`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 ‘650 application.
`
`7.
`
`The goods identified under International Class 025 in the ‘650 application are
`
`identical to or closely related to the goods with which Opposer uses its SALT LIFE marks.
`
`
`
`Page 3 of 6
`
`

`
`8.
`
`Registration and use of the SALT PRO mark sought to be registered by
`
`Applicants in the ‘650 application is likely to cause confusion or mistake in the minds of
`
`consumers and lead consumers to believe Applicants’ goods and services as designated are
`
`goods and services of Opposer, or in some way backed by, sponsored by, franchised by,
`
`approved by, associated with, or otherwise connected with the good name and reputation of
`
`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 ‘650 application is thus precluded under
`
`Section 2(d) of Lanham Act (15 U.S.C. § 1052(d)).
`
`9.
`
`Registration and use of the SALT PRO mark sought to be registered by
`
`Applicants in the ‘650 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 ‘650 application is thus precluded under
`
`Section 13 and Section 43(c) of the Lanham Act (15 U.S.C. §§ 1063; 1125(c)).
`
`
`
`
`
`WHEREFORE, Opposer prays that the present Notice of Opposition be granted and that
`
`registration of the ‘650 application be denied.
`
`
`
`
`
`
`
`[SIGNATURE ON FOLLOWING PAGE]
`
`
`
`Page 4 of 6
`
`

`
`Respectfully submitted,
`
`Date: September 4, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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 1100
`Greenville, SC 29601
`Phone: 864-271-1592
`Fax: 864-335-0127
`
`Attorney for Opposer
`Salt Life, LLC
`
`
`
`Page 5 of 6
`
`

`
`CERTIFICATE OF SERVICE
`
` hereby certify that on September 4, 2015, I served a true and complete copy of the foregoing
`
` I
`
`NOTICE OF OPPOSITION on Applicant via First Class Mail, postage prepaid as follows:
`
`
`
`
`
`Vincent Giovannetti
`12706 Pawnee Rd
`Apple Valley, California 92308-7240
`
`/s/ J. Parks Workman
`J. Parks Workman
`
`Page 6 of 6

Accessing this document will incur an additional charge of $.

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

Accept $ Charge

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.

We are unable to display this document.

PTO Denying Access

Refresh this Document
Go to the Docket