Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA757588
`07/11/2016
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91223796
`Defendant
`EpicStone Group,INC.
`MICHAEL D STEWART
`LAW OFFICES OF MICHAEL D STEWART
`200 SE 1ST STREET, SUITE 7-1
`MIAMI, FL 33131
`UNITED STATES
`ms@themiamilaw.com,
`Opposition/Response to Motion
`Michael D. Stewart
`ms@themiamilaw.com
`/S/ Michael D. Stewart
`07/11/2016
`Motion in Opposition to Summary Judgment THIS.compressed.pdf(4251464
`bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-1-100.pdf(588055 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-100-200.pdf(235956 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-200-280.pdf(5607820 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-281-300.pdf(4839941 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-301-360.pdf(5456467 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-361-400.pdf(665563 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-400-422.pdf(3306847 bytes )
`AFFIDAIVT-JOSE-BARRETO.compressed-423-444.pdf(3191721 bytes )
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`

`

` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`________________________________________________________________________
`
`
`
` DISNEY ENTERPRISE, INC. Opposition No: 91223796
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` Opposer Mark: THE MOANA
` Serial No: 86416943
` Filed: October 7, 2014
` V
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`EPICSTONE GROUP, INC.
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` Applicant
`________________________________________________________________________
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`MOTION IN OPPOSITION TO SUMMARY JUDGMENT
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`COMES NOW Applicant, EPICSTONE GROUP, INC., by and through undersigned
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`
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`counsel, and files its Motion in Opposition to Motion to Dismiss, and in support hereof states:
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`1.
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`On October 7, 2014, Applicant EPICSTONE GROUP, INC. filed its Application No.
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`86453720 for THE MOANA covering goods in Class 28.
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`2.
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`On October 20, 2014, Opposer issued its first press release to the public via Twitter
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`stating that they were going to release a film entitled DISNEY MOANA.
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`3. On November 13, 2014, Opposer, allegedly unaware of Opposer’s THE MOANA, filed
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`its own Applications for the mark DISNEY MOANA.
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`4.
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` According to DISNEY, they did not learn of Opposer’s THE MOANA mark until
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`December of 2014.
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`5.
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` This would indicate that DISNEY conducted no trademark search on USPTO.GOV or
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`elsewhere prior to filing which would have alerted it to Applicant’s application and/or use of
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`1
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`THE MOANA. See International Star Class Yacht Racing Association v. Tommy Hilfiger
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`U.S.A., 80 F.3d 749, 753-54 (2d Cir. 1996)..
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`6.
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`Further, it is clear from the Tweet that was sent to the public on October 20, 2014
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`announcing the DISNEY MOANA film thirteen (13) days after Applicant’s application was
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`filed, that Opposer either knew, or should have known, of Applicant’s mark and quickly took
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`actions to intimate a bona fide intent to use DISNEY MOANA.
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`SUMMARY JUDGMENT STANDARD
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`A fact is genuinely in dispute if the evidence of record is such that a reasonable fact
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`finder could return a verdict in favor of the nonmoving party. See Lloyd’s Food Products Inc. v.
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`Eli’s Inc., 987 F.2d 766, 25 USPQ2d 2027 (Fed. Cir. 1993).
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`The nonmoving party must be given the benefit of all reasonable doubt as to whether
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`genuine issues of material fact exist, and the evidentiary record on summary judgment, and all
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`inferences to be drawn from the undisputed facts, must be viewed in the light most favorable to
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`the nonmoving party. See Opryland USA, Inc. v. Great American Music Show, Inc., 970 F.2d
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`847, 23 USPQ2d 1471 (Fed. Cir. 1992); Olde Tyme Foods Inc. v. Roundy's Inc., 961 F.2d 200,
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`22 USPQ2d 1542 (Fed. Cir. 1992).
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`As a general rule, the factual question of intent is particularly unsuited to disposition on
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`summary judgment. See Copelands’ Enterprises, Inc. v. CNV, Inc., 945 F.2d 1563, 20 USPQ2d
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`1295 (Fed. Cir. 1991).
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`The standard for Summary Judgment is when there are no genuine disputes as to
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`material, thus leaving the case to be resolved as a matter of law. See Fed. R. Civ. P. 56(c). The
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`purpose of summary judgment is one of judicial economy where more evidence than is already
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`2
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`available in connection with the summary judgment motion could not reasonably be expected to
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`change the result. Pure Gold, Inc. v. Syntex (U.S.A.), Inc., 739 F.2d 624, 626 (Fed. Cir. 1984).
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`A party moving for summary judgment has the burden of demonstrating the absence of
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`any genuine dispute as to material fact, and that it is entitled to judgment as a matter of law. See
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`Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986).
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`The evidence must be viewed in a light most favorable to the non-movant, and all
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`justifiable inferences are to be drawn in the non-movant’s favor. See Lloyd’s Food Products Inc.
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`v. Eli’s Inc., 987 F.2d 766, 25 USPQ2d 2027 (Fed. Cir. 1993).
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`APPLICANT’S USE AND REGISTRATION OF THE MOANA
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`7.
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`Prior to Opposer’s alleged use and alleged public recognition, Applicant took significant
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`actions in connection with his use of the mark. See Applicant’s sworn Affidavit attached hereto
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`as Exhibit A.
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`8. Applicant states that “I sold a doll in New York City in 2015” (Jose Barreto Draft Deposition)
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`at (22:25-23:2). “I think I sold around one or two. It was a little prototype I created.” (Id. at
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`23:4-5). When asked where he obtained prototype dolls Applicant states “I bought – a company,
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`a wholesaler called Ramco in Hialeah, Florida, and they are a retails/wholesaler. But they
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`purchase their toys from a California company called Jide toys and __ but I bought the beginning
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`one from Ramco.” (Id. at 23:15-20).
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`9.
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`This in addition to the fact that Applicant was first to use and apply to register the mark.
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`10. With respect to Opposer’s claim concerning Applicant’s intent to use the goods covered
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`by his marks, the Affidavit of Applicant shows that he had the will and ability to make use of the
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`marks for the goods. See Pixel Intruments Corp. v. Sweven Corp., No. 97136, 1999 T.T.A.B.
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`LEXIS 715 (T.T.A.B. Dec. 30, 1999) , denying summary judgment where the evidence showed
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`3
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`that applicant’s creation of an advertising brochure and graphic design efforts two months after
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`its filing date was sufficiently contemporaneous to the filing date to indicate a bona fide intent to
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`use the mark. The Wet Seal, Inc. v. FD Mgmt., Inc., 82 U.S.P.Q.2d 1629, 1633 (T.T.A.B. 2007)
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`“Contrary to opposer’s contention, an application will not be deemed void for lack of a bona fide
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`intention to use absent proof of fraud, or proof of a lack of bona fide intention to use the mark on
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`all of the goods identified in the application, not just some of them.” Grand Canyon W. Ranch,
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`LLC v. Hualapai Tribe, 78 U.S.P.Q.2d 1696, 1697 (T.T.A.B. 2006) – deleting some of the goods
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`on a use based application where us on some but not all goods.
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`OPPOSER’S ALLEGED USE AND RECOGNITION IN “DISNEY’S MOANA”
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`11.
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`Opposer also claims that it was the one with the bona fide intent to use its DISNEY’S
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`MOANA mark. The evidence does not bear this out.
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`12.
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`Applicant was the first to apply for and use the mark.
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`13.
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`Opposer had a mere thought or consideration to use the mark, though it claims that it had
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`wide “analogous” public recognition.
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`14.
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`Opposer’s own evidence shows that it did not have public recognition in its DISNEY
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`MOANA trademark prior to Applicant’s adoption, filing and use of the mark.
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`15.
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`Opposer claims that “Opposer has priority based on its prior common law use analogous
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`to trademark use of Opposer’s MOANA Marks in commerce in connection with Opposer’s film
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`and other merchandise before the filing date of the opposed Application Serial No.86416943 and
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`any date of first use that may be alleged by Applicant”
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`16.
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`Indeed, any claimed “public recognition” of Opposer’s mark prior to Applicant’s
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`adoption, filing and use is belied by the discovery provided by Opposer showing no actual use by
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`Opposer, but rather certain speculative leaks that Opposer might adopt the MOANA mark, or
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`4
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`even some wholly different mark. See Exhibit B showing no “likes” on the “analogous” uses
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`claimed by Opposer.
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`17.
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`Rather than “worldwide recognition” the web pages cited by Opposer show that the
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`public, other than a limited few speculators, were not aware of Opposer’s considered use of
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`MOANA.
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`18.
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`Similar documents uncovered by Applicant, but not disclosed by Opposer, show that
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`Opposer Disney had merely considered using the MOANA mark, and had actually considered
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`changing the name given a third-party use of the mark in Italy by a pornographic star. See
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`Exhibit C.
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`19.
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`Indeed, Opposer was merely considering whether to use its DISNEY MOANA mark and
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`was considering various titles which were different than DISNEY MOANA, including
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`“SPIRITED”. See Exhibit D.
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`20.
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`Opposer Disney is attempting to improperly commingle its fame with that of a mark it
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`had not yet gained a bona fide intention to use.
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`21.
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`The documents provided to date by Disney show no bona fide intention to use the mark
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`prior to Applicant’s adoption, application for and use of the mark.
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`22. What Opposer is attempting to do is secure protection for a mark it may or may not have
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`used by citing the company’s own fame.
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`23.
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`Illustrative of this issue is the fact that for the first time ever Disney has announced the
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`name of movies it actually intends to use for the next four (4) years in the future, to cover up for
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`not having a bona fide intention to use the subject mark, failing to apply for it, and failing to use
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`it. It is settled law that Section 7(c) of the Trademark Act provides an intent-to-use applicant
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`with superior rights over anyone adopting a mark after applicant’s filing date, contingent upon
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`5
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`applicant’s ultimate registration of the mark. Zirco Corporation v. American Telephone and
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`Telegraph Company, 21 USPQ2d 1542 (TTAB 1991).
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`OPPOSER’S AVOIDANCE OF DISCOVERY
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`24.
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`Applicant in good faith sought to take the deposition of the corporate representative of
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`Opposer. See the attached Affidavit of Applicant as EXHIBIT A.
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`25.
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`Opposer repeatedly stated that discovery was “continuing” and that a deposition was
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`premature until Opposer had produced all documents.
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`26. Mere days prior to the Scheduled deposition of Opposer Disney, Opposer changed its
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`designation of the person with the most knowledge of the MOANA mark.
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`27.
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`Two days prior to the confirmed deposition, Opposer filed its Motion for Summary
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`Judgment and claimed that a deposition of Opposer was no longer relevant in this matter.
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`28.
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`Applicant had already confirmed a location, a court reporter, had sent a subpoena to
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`Opposer’s witness, had rented a hotel, and obtain a rental vehicle. See Exhibit E
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`29.
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`The deposition was to show that Opposer Disney had made no use of the MOANA mark
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`prior to Applicant’s adoption, filing and use of the mark. See Otto Roth & Company, Inc. v.
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`Universal Foods Corporation, 640 F.2d 1317, 209 USPQ 40, 43 (CCPA 1981) (“the opposer
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`must prove he has proprietary rights in the term he relies upon to demonstrate likelihood of
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`confusion as to source, whether by ownership of a registration, prior use of a technical
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`"trademark," prior use in advertising, prior use as a trade name, or whatever other type of use
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`may have developed a trade identity.”).
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`6
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` Respectfully submitted,
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`By: /Michael D. Stewart
`Michael D. Stewart, Esq.
`200 SE 1st St., Suite 7-1
`Miami, Florida 33131
`ms@themiamilaw.com
`305-590-8909
`Attorney for:
`EpicStone Group, Inc.
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`ELECTRONIC MAILING CERTIFICATE
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`I hereby certify that the foregoing Motion is being submitted electronically through the
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`Electronic System for the Trademark Trial and Appeal Board (“ESTTA”) and by first class mail
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`and email to david.kelly@kelly-ip.com, linda.mcleod@kelly-ip.com, lindsay.allen@kelly-
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`ip.com, and Jason.joyal@kelly-ip.com on this 11th day of July, 2016
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`By: /Michael D. Stewart
`Michael D. Stewart, Esq.
`200 SE 1st St., Suite 7-1
`Miami, Florida 33131
`ms@themiamilaw.com
`305-590-8909
`Attorney for: EpicStone Group, Inc.
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`7
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`

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`EXHIBIT A0
`EXHIBIT A0
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`DISNEY ENTERPRISE, INC.
`
`Opposition No: 9123796
`
`Opposer
`
`V
`
`Mark: THE MOANA
`Serial No: 86416943
`Filed: October 7, 2014
`
`EPICSTONE GROUP, INC.
`
`Applicant
`
`
`
`AFFIDAVIT OF JOSE BARRETO
`
`STATE OF FLORIDA
`
`COUNTY OF MIAMI-BABE
`
`VV‘I—I
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`S S.
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`BEFORE ME, the undersigned officer, duly authorized to take acknowledgments and
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`administer oaths, personally appeared JOSE BARRETO, who, after having been first by me duly
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`cautioned and sworn, upon 0th states: That I, Jose Barreto have the capabilities, Willingness,
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`and ability to manufacture, license, and distribute the goods regarding my intent to use
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`application based on my past experiences in creating, sales, and marketing. I have always been
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`an entrepreneur with an objective state of mind;
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`Since as early as 1992, I have owned several CORPORATIONS; Advanced Pulmonary Home
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`Care (company sold to investors), Advanced Compression Therapy (voluntary dissolved due to
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`changes in the industry for the medical product), .13 Universal Enterprises (voluntary dissolved
`
`EXHIBIT A0
`EXHIBIT A0
`
`

`

`EXHIBIT A1
`EXHIBIT A1
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`due to unfortunate family situations), LightStream Medical Supplies (had hundreds of sales also
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`had a company catalog with over 10,000 medical products, company sold to investors),
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`Epic Stone Group (current mailing address 1825 Ponce Deleon Blvd, #414, Coral Gables
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`33134), LaStar Capital Group (current and physical address 1300 w. 63* Street, Suite 113,
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`Hialeah, FL 33014) , DBA’s like Sports Memories (expired), Historic Moments (expired)
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`Lightstone Group (current), Lightstream Parners (current). In 1995, I traveled to the City of
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`Chicago and purchased the Chicago Bulls Locker from the old Chicago Stadium and created and
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`manufactured a historic plaque “Remember the Roar”. The locker purchased was cut in to 2000
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`pieces and then the pieces were manufactured to fit a limited edition lithograph and then
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`marketed, distributed, and sold hundreds. The Historic plaque was place on consignment in the
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`new Bulls Stadium.
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`I have EBAY account with over 1,500 Positive feedbacks in which I have
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`been selling goods since as early as 2001 (selling agreement). CURRENT WEBSITES;
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`Duabilivingmagazinecom (lifestyle of Dubai), Brushybrushcom (current animation and biog in
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`the nature of dental hygiene)
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`, Worldresortsoflasvegas.com (promotional for city life and
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`hotels), Dieforanewyear.com (premotional for screenplay).
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`I produced a short Film titled
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`“RITUAL”, COPYRIGHT REGISTRATIONS; which includes Animation Characters with
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`storyboard, screenplays, and a building design;
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`BigBlue (building design) , BilIytheBrush (animation, name change to Brushybrush.com, 60
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`seconds youtube clip, with dental blogs, and developed book marker for kids), Groom Lake
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`(treatment “Lonely preteen brothers from a Midwestern family accidentally discover an alien
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`family held hostage in a secret military base and try to flee them”), Hellisian Alien (Animation,
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`with steryboard), Jocy the Manatee (Animation, with storyboard), Liability (treatment, “A
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`general laborer files an exaggerated medical claim, but clumsy Private Investigators try to
`
`EXHIBIT A1
`EXHIBIT A1
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`

`

`EXHIBIT A2
`EXHIBIT A2
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`disprove it” ), Liability synopsis (treatrnent), New Year’s (screenplay, A disgruntled cop
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`discovers a terrorist plot to blow up Times Square on New Year’s Eve” ), New Year’s Eve
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`(screenplay) , New York2000 (treatment), New York 2000 (2) (treatment), New York 2000 (3)
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`(treatment), Webhead (Animation, with storyboard), Swoop (Animation, with storyboard), Video
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`Cop (Animation), Historic Moments (Lithograph design). Provisional Patents “The Fringer”, and
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`“Strollpen” REGISTERED STATE TRADEMARKS; Open House, Juiced, All World Miami
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`Resorts & Spa (services), Orlando 2012 (clothing), Miami 2012 (clothing), Lincoln Road
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`(clothing), Miami Is Wild (clothing), Courthouse Real Estate Properties (service), Ocean Drive
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`(beach towels), Royal Trifecta (clothing), New York 2012 (clothing), New York, 2013
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`(clothing), New York 2015 (clothing). REGISTERED US TRADMARKS; Dubai Living
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`(Produced magazine, website), Dubai (produced magazine), The Independence Day (produced
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`goods! with sales), Battle Angel 009 (in 2006 commissioned game coder Ed Walker to design
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`Video Game! with sales), Battle Angel 028 (produced Action Figure with sales). US ITU’s
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`Applications, 20,0000, 000 Leagues Under the Sea (sketch, source identifier, business plan) Red
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`Riding Hood (sketch, source identifier , Skully Island, (sketch, source identifier) , The Little
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`Prince (skectch source identifier), Beast of Burden (sketch, source identifier, The Independence
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`Day , The Moana (prototype doll, source identifier), The Million Dollar Man, The Billion Dollar
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`Man (documentation), The Trillion Dollar Man Man, Resorts of Las Vegas (website): US
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`ABANDON TRADEMARKS; Green Lantern (my application Opposed, I produced video
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`game for 3 year olds (exhibit) and was in the process of creating walkie talkies until a successful
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`and good faith agreement between both parties) exhibit, Davinci Bible Code Movie (over 150
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`formative filings with Davinci, abandon due to researching on trademarking film titles),
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`Apocalypto ( created a short documentary,
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`I abandon due to researching the ability to trademark
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`EXHIBIT A2
`EXHIBIT A2
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`

`

`EXHIBIT A3
`EXHIBIT A3
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`a film title & successfillly assigned after inter parties agreement), Neverland Ranch (abandon
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`after respecting examine attorney decision on famous marks or places of famous people), The
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`Scalped ( one formative mark filed, abandon due to shift in business venture , SpaceXOne ( mark
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`was available for registration when I filed, I abandon due to shift in business venture), Norms of
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`the North and South (My application was opposed, over 200 formative marks with the words
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`“North & South" when I filed, created on paper a board game expression, my applicatiou was
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`opposed,
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`then abandon after a good faith SUCOCSSfIJ] agreement with inter parties), The ALF (my
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`application was opposed, over 9 formative registered marks when I filed, Opposer made
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`reference to ALF fiom Alien Productions in which its application was abandon when I filed, I
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`had created sketch of elderly man to make a plush toy), GLAAM (abandon due to a shift in
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`business venue), Grachi ( abandon due to a shift in business venue), The Ugly Betty (available
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`for registration, created a doll, abandon due to successful inner party settlement), AREA 51
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`(created mold of a military base and dufile bags, abandon due prior registrations). All my filed
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`trademark applications where for marks which were not registered in the class, the marks had
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`formative filed marks registered, the marks were abandon, the marks were merely descriptive,
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`the marks were geographic in nature, the marks were in the Public Domain, the marks were
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`generic, and I believed the marks were not famous enough to receive market penetration due to
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`other formative registrations already registered and upon information and belief that the marks
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`were freely available for use by anyone with a bona-fide intent to use the mark like Disney does
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`especially from the Puplic Domain. See Exhibit, P
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`1.
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`On October 7, 2014, I, the Applicant EPICSTONE GROUP, INC. filed a Bona—Fide
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`Intent Application No. 86416943 for THE MOANA covering goods in Class 28. The goods in
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`my application are goods that I have an intent to use that are offered by my vendor RAMCO and
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`EXHIBIT A3
`EXHIBIT A3
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`

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`EXHIBIT A4
`EXHIBIT A4
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`I knew before my filing date that RAMCO, carries over 4000 products including toys and
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`playthings. Also my other vendor Jide Trading which has over 700 toys and playthings has
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`allowed me to relabel their products with my brand. Also vendors KB Toys has over 700 toys
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`and playthings, and Regent over 300 toys and playthings. (See exhibit A, Depo Pages 94-1223,
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`pp T9-8012:10-11
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`2.
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`On October 20, 2014, DISNEY ENTERPRISES, INC. (“Opposer”) issued its first
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`Official Press Release to the public via Twitter stating that they were going to release a film
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`entitled DISNEY MOANA ( follows the adventure of a Polynesian teenager).
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`3.
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`Here we go agaim for years, Disney Enterprises, have demonstrated a pattern of filing
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`trademark applications based on book titles from the PUBLIC DOMAIN and monopolizing them
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`moreover attacking whoever tries to also file a trademark based on Public Domain. Many of
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`your classic DISNEY films were based on PUBLIC DOMAIN works. Much of the success of
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`DISNEY Corporation is a result of building upon the great works of past authors (EXHIBIT).
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`DISNEY‘S empire was created in large part from the PUBLIC DOMAIN, and it has ensured that
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`no other future competitors could not re—use their material by manipulating the PUBLIC
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`DOMAIN system that they have taken advantage of so many years. Now again Disney builds on
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`another great work from 1926 by Director Robert J Flaherty’s titled “MOANA” (follows
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`adventures and customs of Polynesian people). See Exhibit B, C, 0
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`DISNEY MOVIES BASED ON PUBLIC DOMAIN
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`1. The Adventures of Huck Finn by Mark Twain (1885)
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`EXHIBIT A4
`EXHIBIT A4
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`EXHIBIT A5
`EXHIBIT A5
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`Revenue = $24.? million {1993 film)
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`2. The Adventures of Tom Sawyer by Mark Twain (1876)
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`Revenue = $23.9 million (1995 film Tom and Huck)
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`3. Aladdin from a folk tale in One Thousand and One Nights (1706]
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`Revenue = $504 million (1992)
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`4. Alice in Wonderland by Lewis Carroll (1865)
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`Revenue = $1.02 billion (2010 version) + $.27 original revenue unknown (195 1)
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`5. Around the World in 80 Days by Jules Verne (18?3}
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`Revenue = 372.2 million (2004 film)
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`6. Atlantis from the legend of Atlantis (originated as the Socratic Dialogues "Timaeus" 8L
`"Crit‘ras” by Plato ~360 BC.)
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`Revenue = 3?? million (2001' film)
`
`7. Beauty and the Beast by (3-5 Barbot de Villeneuve (1755)
`
`Revenue = $425 million (1991')
`
`8. Bug's Life from Aesop’s Fables
`
`Revenue = $363.4 million (1993)
`
`9. Cinderella from the Charles Perrault folk tale (Grimm's Fairy Tails) (1697)
`
`Revenue = $85 million (1950)
`
`EXHIBIT A5
`EXHIBIT A5
`
`

`

`EXHIBIT A6
`EXHIBIT A6
`
`10. Chicken Little from the folk tale
`
`Revenue = $314.4 million (2005)
`
`11. Christmas Carol from Charles Dickens (1843)
`
`Revenue = $325.3 million (just 2009 film)
`
`12. Fantasia (1940) scored and based upon Bach. Tchaikovsky, Beethoven 8i other classical
`compositions (however, " The Rite Of Spring” was licensed in original film)
`
`Revenue = 383.3 million (1940) (22nd highest-grossing film of all time as adjusted for inflation)
`+ $90.9 million (1999—Fantasia 2000)
`
`13. Frozen from Hans Christian Anderson's Ice Queen (1845)
`
`Revenue = $810.3 million (2013)
`
`14. Hercules from the Greek myth
`
`Revenue = $252. 7 million (1997 film only)
`
`15. In Search of the Castaways based on Jules Verne novel (1868)
`
`Revenue = $21.? million (1962)
`
`16. John Carter based on A Princess of Mars by Edgar Rice Burroughs (1917)
`
`Revenue = $284 million (2012)
`
`17. The Jungle Book by Rudyard Kipling (1894 copyright, movie released just one year after
`copyright expired)
`
`Revenue = $205.3 million (1967—30tl1 highest grossing film with inflation) + $43 million (1994
`live action version)
`
`EXHIBIT A6
`EXHIBIT A6
`
`

`

`EXHIBIT A7
`EXHIBIT A7
`
`17 (A) The Jungle Book 2016
`
`18. Kidnapped by Robert Louis Stevenson (1386)
`
`Revenue = $2? million (1960 film)
`
`19. Little Mermaid by Hans Christian Anderson (1837)
`
`Revenue = $211.3 million (1989)
`
`20. Lt. Robin Crusoe U.S.N. (1966) based on Robinson Crusoe by Daniel Defoe (1719)
`
`Revenue = 322.5 million
`
`21. Mulan (1998) from the Chinese Legend of Hua Mulan
`
`Revenue 2 $304.3 million
`
`22. Oliver 8: Company based on Oliver Twist by Charles Dickens (1839)
`
`Revenue = 3 74 million (1988)
`
`23. Peter Pan by JM. Barrie (1904)
`
`Revenue = $109.9 million (2002 sequel Return to Neverland) When original 1953 film was made
`it seems like the book was still under copyright]
`
`24. Pinocchio by Carlo Collocli (1383)
`
`Revenue = $84.3 million (1940—39th highest grossing box office grass as acliustea' for inflation)
`
`25. Pocahontas from the life and legend of Pocahontas
`
`Revenue = $346 million (1995)
`
`EXHIBIT A7
`EXHIBIT A7
`
`

`

`EXHIBIT A8
`EXHIBIT A8
`
`26. Princess and the Frog from the Brothers Grimm folk tale The Frog Prince
`
`Revenue = $267 million (2009)
`
`27. Return to 02 from L. Frank Baum’s books
`
`Revenue = $2? [1' 935 -When original 02 film made it was under copyright. Disney seems to have
`purchased rights to all the books. But when Return to 02 was made it had entered the public
`domain.)
`
`28. Rob Roy the Highland Rogue based on the Rob Roy by Sir Walter Scott (181'?)
`
`Revenue = $9? (1953)
`
`29. Robin Hood from the English folk tales
`
`Revenue = $87 million {1973 film)
`
`30. Sorcerer's Apprentice from the poem by Johann Goethe (1797)
`
`Revenue = $236.9 million (2010 film)
`
`31. Snow White from the Brothers Grimm folk tale (1857)
`
`Revenue = $416 million ('lOth highest grossing film as aajiustea' for inflation)
`
`32. Sleeping Beauty from the Charles Perrault folk tale (1697) (also with music/characters from
`Tchaikovsky’s 1390 ballet)
`
`Revenue 2 $51.6 million (1959) (3151‘ highest grossing film as aajusted for inflation)
`
`33. Swiss Family Robinson by Johann David Wyss (1812)
`
`Revenue = $40 million {1960) (830' highest grossing film as adjusted)
`
`EXHIBIT A8
`EXHIBIT A8
`
`

`

`EXHIBIT A9
`EXHIBIT A9
`
`34. Tangled from the Brothers’ Grimm fairy tale Rapunzel (1812)
`
`Revenue = $591.8 miiiion
`
`35. Tarzan from Tarzan of the Apes by Edgar Rice Burroughs (1914)
`
`Revenue = $448.2 miiiion (1999)
`
`36. The Adventures of Ichabod and Mr. Toad based on the Legend of Sleepy Hollow by
`Washington Irving (1820) and Wind in the Willows by Kenneth Grahame (1908)
`
`Revenue = $?? (1949)
`
`37. The Hunchback of Notre Dame from Victor Hugo's Book (1831)
`
`Revenue = $325.4 miiiion (1996)
`
`38. The Lion King from Hamlet (1603) and a 19605 Japanese animated series called "Kimba the
`White Lion"
`
`Revenue = 5987.5 miiiion (1994)
`
`39. Three Musketeers by Alexandre Dumas (1844)
`
`Revenue = $53.9 miiiion (just 1993 film)
`
`40. The Reluctant Dragon based on the story by Kenneth Grahame (1898).
`
`Revenue = 3?? (1941 )
`
`41. The Sword in the Stone from the Arthurian Legends
`
`Revenue = $22.2 miiiion (just 1963 fiim)
`
`42. Treasure Island and Treasure Planet based upon by Robert Louis Stevenson (1883)
`
`EXHIBIT A9
`EXHIBIT A9
`
`

`

`EXHIBIT A10
`EXHIBIT A10
`
`Revenue = $109.6 million (Treasure Planet) + $344 million (1996 Muppet Treasure island) + $??
`(1950 Treasure island)
`
`43. 20,000 Leagues Under the Sea by Jules Verne (1870)
`
`Revenue = $28.2 million Gust 1954 film)
`
`44. White Fang by Jack London (1906)
`
`Revenue 2 $34.8 miition Oust 1991 film) + $8.8 million (1994 sequel!
`
`DISNEY’S LIVE TRADEMARKS BASED ON PUBLIC DOMAIN WORKS
`
`Alice in Wonderland (Application No. 77978876)
`Beauty and the Beast (Application No. 76484026)
`Bug’s Life (Application No. 75355663)
`Cinderella (Application No. 77130148)
`Chicken Little (Application No. 78977048)
`Little Mermaid (Application No. 85228264)
`Mulan (Application No. 75978699)
`Return to Neverland (Application No. 76360792)
`Pinocchio (Application No. 71295828)
`Pocahontas (Application No. 74565524)
`Snow White (Application No. 75544254)
`Sleeping Beauty (Application No. 75543891)
`Tangled (Application No. 77933839)
`Rapunzel (Application No. 77742671)
`The Jungle Book (Application No. 86828803)
`Treasure Planet (Application No. 76265760)
`Mr. Toad (Application No. 78305050)
`
`There are also dead Trademark applications which I won’t list here.
`
`EXHIBIT A10
`EXHIBIT A10
`
`

`

`EXHIBIT A11
`EXHIBIT A11
`
`DISNEY’S TRADEMARK OPPOSITIONS BASED PUBLIC DOMAIN WORKS;
`
`(See, Disney Enterprise, Inc. v. BKN International AG, Opposition no. 91181048 Involving
`Application No. 78908171 for ALICE IN WONDERLAND (See, Disney Enterprise, Inc. v.
`Hunter, Opposition No. 91187114 Involving Application No. 78962014 for PINOCCHIO IN
`THE HOOD (See, Disney Enterprise, Inc. v. Heckenberg, Opposition No. 91204934 involving
`Application No. 85191238 for BAMBI ON ICE (See, Disney Enterprise, Inc. v. Guner,
`Opposition No. 91204272 involving Application No. 79075688 for BAMBI SINCE 1974(See,
`Disney Enterprise, Inc. v. Herman, Opposition No. 91222235 involving Application No.
`86440461 for BEAUTY AND THE BEAST (See, Disney Enterprise, Inc. v. DQ Entertainment,
`Opposition No. 91211880 involving Application No. 85484419 for THE JUNGLE BOOK See,
`Disney Enterprise, Inc v. Puma, Opposition No. 91213654 involving Application No. 77625073
`for PINOCCHIO See, Disney Enterprise, Inc. v. Lee, Opposition No. 91220003 involving
`Application No. 78440050 for LION KING See, Disney Enterprise, Inc. v. Theodorou,
`Opposition No. 91225945 involving Application No. 86547798 for ZOMBIE CINDERELLA
`See, Disney Enterprise, Inc. v. United Trademark Holdings, Inc. involving ApplicationNo.
`77645931 for LITTLE MERMAID(See, Disney Enterprise, Inc. v. BKN International, involving
`Application No. 77066699 for JUNGLE BOOK RIKI-TIKI—TAVI TO THE RESCUE (See,
`Disney Enterprise, Inc. v. American Blanching Company, involving Application No. 75543711
`for WALT DISNEYS CINCERELLA (See, Disney Enterprise, Inc. v. Splash of Hollywood,
`involving Application No. 78697814 for BEAUTY WITHIN THE BEAST (See, Disney
`Enterprise, Inc. v. United Trademark Holdings, Inc., involving Application No. 77736813 for
`JUNIOR ELF FAIRYTALE PRINCESS (See, Disney Enterprise, Inc. v. United Trademark
`Holdings, Inc., involving Application No. 86533016 for TEEN TINKER BELL (See, Disney
`Enterprise, Inc. v. United Trademark Holdings, Inc., involving Application No. 86078938 for
`TEENAGE PRINCESS (See, Disney Enterprise, Inc. v. United Trademark Holdings, Inc.,
`involving Application No. 86533005 TEEN SLEEPING BEAUTY (See, Disney Enterprise, Inc.
`v. United Trademark Holdings, Inc., involving Application No. 86533005 TEEN PINOCCHIO
`(See, Disney Enterprise, Inc. v. United Trademark Holdings, Inc., involving Application No.
`86533022 TEEN SNOW WHITE (See, Disney Enterprise, Inc. v. United Trademark Holdings,
`Inc., involving Application No. 86533027 TEEN CINDERELLA (See, Disney Enterprise, Inc. v.
`Urban Asian Produce, LLC, involving Application No. 85600187 for MULAN (See, Disney
`Enterprise, Inc. v. Liberman, involving Application No. 85380348 for SLEEPIN BEAUTY (See,
`Disney Enterprise, Inc. v. Solmon, involving Application No. 86390789 for FAIRYTALE
`WEDDING (See, Disney Enterprise, Inc. v. Mclane, involving Application No. 86683349 for
`MULAN V BEAUTY (See, Disney Enterprise, Inc. v. Herman, involving Application No.
`86440461 for BEAUTY AND THE BEAST (See, Disney Enterprise, Inc. v. Berg, involving
`Application No. 86208173 for CINDERELLA
`
`See Ehhibit, Forbes, Priceonornics, Oppositions
`
`3.
`
`On November 13, 2014, (36 days after my application) Opposer filed nine (9) Bona-Fide
`
`Intent Applications for the mark DISNEY MOANA with over 400 products;
`
`EXHIBIT A11
`EXHIBIT A11
`
`

`

`EXHIBIT A12
`EXHIBIT A12
`
`IC 016. US 002 005 022 023 029 037 038 050. G & S: Series of fiction books; graphic novels: comic books;
`children‘s activity books: picture books; calendars; greeting cards; posters; stationery; postcards; stickers;
`decals; art prints: crayons: markers; pencils; colored pencils; bail point pens; decorative paper centerpieces;
`gift wrapping paper: paper party decorations; printed invitations: trading cards; temporary tattoo transfers:
`paper napkins; plastic party bags
`
`IC 024. US 042 050. G 8. 3: Afghans; bath linen; bath towels; bed blankets; bed canopies; bed linen; bed
`sheets; bed s