Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA700329
`ESTTA Tracking number:
`10/05/2015
`
`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
`Granted to Date
`of previous ex-
`tension
`Address
`
`CE Trademark LLC
`10/04/2015
`
`1710 Broadway
`New York, NY 10019
`UNITED STATES
`
`Correspondence
`information
`
`CE Trademark LLC
`1710 Broadway
`New York, NY 10019
`UNITED STATES
`hsimpkins@perkinscoie.com, jstarr@perkinscoie.com Phone:206-359-6474
`Applicant Information
`
`86442841
`10/05/2015
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition Peri-
`od Ends
`ZENITH ENTERTAINMENT CORP.
`#20A
`New York, NY 10016
`UNITED STATES
`Goods/Services Affected by Opposition
`
`04/07/2015
`10/04/2015
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Entertainment services in the nature oflive
`musical performances
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`85341977
`
`NONE
`
`Word Mark
`
`REVOLT TV
`
`Application Date
`
`06/09/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Providing voting, public opinion polling, and market opinion polling services via
`global and local area computer networks and wireless communication networks
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Cable television broadcasting, satellite television broadcasting, cable radio
`broadcasting, satellite radio broadcasting, television broadcasting, radio broad-
`casting and broadcasting programs via a global computer network; providing on-
`line chat rooms for transmission of messages among computer users concern-
`ing the topics of television and entertainment; providing on-line electronic bullet-
`in boards for transmission of messages among computer and mobile device
`users concerning the topics of television and entertainment; providing transmis-
`sion of uploading and downloading ring tones, voice, music, mp3s, graphics,
`games, video images,information, and news via global and local area computer
`networks and wireless communication networks; sending and receiving voice
`and text messages between electronic devices via global and local area com-
`puter networks and wireless communication networks
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Entertainment services, namely, television, radio, internet and satellite programs
`featuring live action, drama, comedy, sci-fi, animation, music and news; produc-
`tion of television programs, namely, dance shows, music shows, video award
`shows, music award shows, comedy shows, game shows, special variety shows
`and sports events which are broadcast live or taped for later broadcast; live mu-
`sical concerts and tv news shows; production of talent contests and music and
`televisionaward events; organizing and providing displays and exhibits of enter-
`tainment memorabilia and collectibles relating to style and fashion; providing on-
`line information in the field of entertainment concerning television and radio pro-
`grams; entertainment services in the nature of production of on-line interactive
`television programs featuring entertainment, music, dance, live action, drama,
`comedy,sci-fi, animation, game shows, video awards, music awards, television
`awards, special variety shows, sports, fashion, news, current events, travel, and
`topics of general interest provided by means ofglobal and local area computer
`networksand wireless communication networks
`
`U.S. Registration
`No.
`Registration Date
`
`4782186
`
`07/28/2015
`
`Word Mark
`
`REVOLT
`
`Application Date
`
`10/20/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2014/11/18 First Use In Commerce: 2014/11/25
`production of television programs, namely, video award shows and music award
`shows which are broadcast live or taped for later broadcast; production of music
`and television award events
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4629482
`
`10/28/2014
`
`REVOLT
`
`Application Date
`
`10/20/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2013/04/15 First Use In Commerce: 2013/04/15
`Cable television broadcasting, television broadcasting, and broadcasting pro-
`grams via a global computer network
`Class 041. First use: First Use: 2013/10/21 First Use In Commerce: 2013/10/21
`Entertainment services, namely, television and internet programs featuring live-
`action, music and news; entertainment services, namely, radio programs featur-
`ing music and news; production of television programs, namely, music shows
`which are broadcast live or taped for later broadcast; live musical concerts; TV
`news shows; providing online information in the field of entertainment concern-
`ing television and radio programs; entertainmentservices in the nature of on-line
`interactive programs about music provided by means of global and local area
`computer networks and wireless communication networks
`
`U.S. Application
`No.
`Registration Date
`
`85591250
`
`NONE
`
`Word Mark
`
`REVOLT
`
`Application Date
`
`04/06/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Headphones; personal headphones for usewith sound transmitting systems;
`sunglasses, eyeglasses and eyeglass frames; downloadable cellular phone ring
`tones; computer software for processing digital music files; digital photo frames
`for displaying digital pictures, video clips and music; downloadable music and
`video via the Internet and wireless devices; downloadable MP3 or MP4 files,
`MP3 or MP4 recordings and downloadable pod casts featuring music, audio
`books, video and news broadcasts; audio-visual recordings featuring music and
`news broadcasts; music-composition and video-composition software; visual re-
`cordings and audio visual recordings featuring music; and video; downloadable
`visual recordings featuring music and musical based entertainment; audio equip-
`ment and accessories, namely, personal stereos, digital audio media recorders,
`and digital audio media players; electronic control devices for musicalinstru-
`ments, namely, volume control andmusical instrument digital interfaces (midi)
`devices; cellular phones; hands-free kits consisting of devices for hands-free
`use of mobile phones, headsets, faceplates and cables; specialty holsters for
`carrying personal digital assistants and cellular phones; personal digital assist-
`ants; digital cameras; mp3 players and portable and handheld digital audio elec-
`tronic players and computers for recording, organizing, transmitting, manipulat-
`ing and reviewing audio and video files; personal digital assistants for use as
`portable telecommunications instant messaging devices; computer game soft-
`ware,computer game programs, computer game software that may be down-
`loaded from global and local area computer networks and wireless communica-
`tion networks, computer game cartridges to be used in computergame machines
`adapted for use with television receivers
`
`U.S. Application
`No.
`Registration Date
`
`85629875
`
`NONE
`
`Word Mark
`Design Mark
`
`REVOLT FILMS
`
`Application Date
`
`05/18/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`NONE
`
`

`

`Mark
`Goods/Services
`
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Entertainment services in the nature ofdevelopment, creation, production, post-
`production and distribution services ofmultimedia entertainment content; live mu-
`sical performances, providing non-downloadable pre-recorded musical record-
`ings, music videos, music concerts, music awards shows, television, radio, inter-
`net and satellite programs featuring music, and continuing programs featuring
`music;entertainment services in the nature ofproduction of live musical perform-
`ances, musical recordings, music videos, music concerts, music awards shows,
`television, radio, internet and satellite programs featuring music, and continuing
`programs featuring music; production and distribution of musical recordings, mu-
`sical videos and musical audio and/or video programs; entertainment services in
`the field of film and television, namely, the creation, production and distribution
`offilms, videos, television programming, television series, music videos, anima-
`tion, and computer generated images; production, distribution and rental of
`sound and visual recordings; production of live-action and animated entertain-
`ment shows and interactive programs for distribution via audio and visual media,
`and electronic means; production and provision of entertainment news and en-
`tertainment information via communication and computer networks; providing
`entertainment services via the internet, electronic communications networks,
`computer networks andwireless communications networks in thenature of online
`games and websites featuring a wide variety of general interest entertainment
`information relating to motion picture films, television programming, television
`series, videos, musicalvideos, animation, related film clips, photographs, graph-
`ics and other multimedia materials; theater productions; computer animated and
`special effects production services; entertainment services in the nature of
`providing entertainment programs and content, namely, motion picture films,
`television programs, television series, videos, music videos, animation, clips,
`graphics, multimedia content and related information in the fields of drama, ac-
`tion, comedy, sci-fi, animation, music, musicals, news, variety, adventure,
`sports, current events and documentary, via the internet, electronic communica-
`tions networks, computer networks andwireless communications networks; en-
`tertainment and educational services, namely, providing motion picture films,
`television programming, television series, videos, music videos, animation, mu-
`sical recordings, radio programming and multimedia content in the fields of en-
`tertainment and education; rental and distribution of motion picture films, videos,
`television programs, radio programs, music videos, musical recordings, anima-
`tion, andmultimedia content in the fields of entertainment and education; provid-
`ing information, namely, ratings, reviews and recommendations of users on
`events and activities in the field of entertainment and education via the internet,
`electroniccommunications networks, computer networks and wireless commu-
`nications networks; live musical concerts; production of talent contests and mu-
`sic, television, video, animation and motion picture film award events; organizing
`and presenting displays of entertainment memorabilia andproducts relating to
`style and fashion;providing online information in the field of entertainment con-
`cerning television, motion picture films, video, music video, animation and radio
`programs; entertainment services in the nature of on-line interactive programs
`about dance, music, video, comedy, special variety and sports provided by
`means of via the internet, electronic communications networks,computer net-
`works and wireless communications networks
`
`U.S. Registration
`No.
`Registration Date
`
`4765035
`
`06/30/2015
`
`Word Mark
`
`REVOLT FILMS
`
`Application Date
`
`05/18/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2006/03/28 First Use In Commerce: 2006/03/28
`Prerecorded DVDs and audio visual recordings containing motion pictures,
`videos
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`85900703
`
`NONE
`
`REVOLT
`
`Application Date
`
`04/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Computer software for processing digital music files; computer software for
`downloading, playing, viewing and streamingfilms, television programs and pro-
`gramming, music, audio, video and multimedia content; computer software for
`downloading and viewing video, movies, films; computer software for uploading,
`posting, downloading, viewing, displaying, publishing, disseminating, editing,
`creating, tagging, blogging, sharing, playing back,and facilitating the electronic
`transmission of or otherwise providing electronic media, information, data, docu-
`ments, voice, images, animations, graphics, music, audio and video; computer
`application software for mobile and cellular phones, smart phones, computers,
`computer tablets, and electronic devices for downloading, playing, viewing and
`streaming films, television programs and programming,audio, music, video and
`multimedia content; computer application software for mobile and cellular
`phones, smart phones,computers, computer tablets, and electronic devices for
`downloading and viewingvideo, movies, films; computer application software for
`mobile and cellular phones, smart phones, computers, computer tablets, and
`electronic devices for uploading, posting, downloading, viewing, displaying, pub-
`lishing, disseminating, editing, creating, tagging, blogging, sharing, playing back,
`and facilitating the electronic transmission of or otherwise providing electronic
`media, information, data, documents, voice, images, animations, graphics, mu-
`
`

`

`sic, audio and video; Downloadable audio-visual recordings, featuring entertain-
`ment programs and content featuring drama, comedy, action, music and/or ad-
`venture via computer and other communications networks; pre-recorded digital
`sound, video and data recordings, featuring entertainment programs and content
`featuring drama, comedy, action, music and/or adventure; DVDs and audio visu-
`al recordings containing motion pictures, animated motion pictures, videos, tele-
`vision programs and programming, television series, music videos, related film
`clips, photographs and other multimedia materials; video game programs based
`upontelevision programs and programming, motion pictures and animated mo-
`tion pictures; computer software for use in processing, transmitting, receiving,
`organizing, manipulating, playing, reviewing, reproducing and streaming audio,
`video and multimedia content including text, data, images, audio, video and au-
`diovisual files; cellular phones; mobile phones; smart phones, computer tablets;
`carrying cases for cell phones and mobile phones; CDcases; DVD cases; eye-
`wear and eyewear cases; eye glass chains; eye glass cords;images held in
`electronic format, namely, downloadable electronic photographs, electronic pho-
`tographs and graphic images, all relating to film, movies, television series or
`television programming; downloadable pre-recorded video clips featuring con-
`tent related to film, movies, television series or television programming; down-
`loadable pre-recorded audio clips featuring content related to film, movies, tele-
`vision series or television programming; text and graphics, namely, multimedia
`files containing text and graphics relating to film, movies, television series or
`television programming all downloadable via the Internet; downloadabletelevi-
`sion program magazine; computer software for use in organizing, transmitting,
`receiving, manipulating, playing and reviewing text, data, image, audio, and
`video files; computer software for thereproduction, processing and streaming of
`audio, video and multimedia content; computer software for controlling the oper-
`ation of audio and video devices and for viewing, searching and/or playing au-
`dio, video, television, movies, music, photographs and other digital images, and
`other multimedia content; computer software for communications with, commu-
`nications between and operation of digital media receivers and streaming media
`players
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`85900393
`
`NONE
`
`REVOLT
`
`Application Date
`
`04/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 0 First Use In Commerce: 0
`Advertising services; marketing services; online retail store and retail store ser-
`vices featuring pre-recorded DVDs andCDs, books, games, posters, drinkware
`and collectible items; providing an online database for commercial administra-
`tionof licensing of vintage and current broadcasts, interviews, images, stock and
`archival footage collections; computerized on-line retail store services in the field
`
`

`

`of pre-recorded videos and DVDs; distributorship services of DVDs featuringmo-
`tion picture films, on-going television programs, television series, videos, music,
`music videos, animation, clips, graphics, and multimedia content in the fields of
`drama, action, comedy, sci-fi, animation, music, musicals, news, variety, adven-
`ture, sports, current events anddocumentary, and videos, music videos, musical
`recordings, and multimedia content in the fields of entertainment and education;
`distributorship services featuring musical sound recordings; on-line retail store
`services featuring downloadable pre-recorded music and video
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`85900369
`
`NONE
`
`REVOLT
`
`Application Date
`
`04/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 0 First Use In Commerce: 0
`Cable television broadcasting, satellite television broadcasting, cable radio
`broadcasting, satellite radio broadcasting, television broadcasting, radio broad-
`casting, mobile broadcasting and broadcasting programs via a global computer
`network; broadcasting to television set top devices; broadcasting to digital media
`receivers and streaming media players; transmission of audiovisual and multi-
`mediacontent to set top devices; broadcasting of television programs and spe-
`cials; broadcasting programs, series, motion picture films, videos, music, music
`videos,animation and multimedia content via Internet, electronic communica-
`tions networks, computer networks and wireless communications networks; au-
`dio and video on demand transmission; mobile telecommunications services,
`namely, electronic, electric, and digital transmission of voice,data, images, text,
`audio, video, signals, and messages; cellular telecommunications services,
`namely, electronic, electric, and digital transmission of voice,data, images, text,
`audio, video, signals, and messages; wireless telecommunications services,
`namely, electronic, electric, and digital transmission of voice,data, images, text,
`audio, video, signals, and messages; audio and video on-demand transmission
`services; pay-per-view television transmission services; cable,television, satel-
`lite, Internet and wireless broadcasting services and provision of telecommunic-
`ation access to films and television programs and programming provided via a
`video-on-demand service; video broadcasting; mobile media servicesin the
`nature of electronic transmission, broadcasting and delivery of audio, video and
`multimedia entertainment content including text, data, images, audio, video and
`audiovisual files by means of the Internet, wireless communication networks,
`electronic communications networksand computer networks; telecommunication
`services, namely, transmission of podcasts and webcasts; providing Internet ac-
`cess via broadband optical or wireless networks; streaming of audio and visual
`material via the Internet; electronic transmission of text, audio, video and graph-
`ics to mobile phones and other wirelessdevices; text and numeric wireless digital
`messaging services; transmission of information by electronic communication-
`
`

`

`snetworks; transmitting and streaming electronic and digital audio, video, graph-
`ics, text, signals, messages, news, dataand information via global computer net-
`works, portable and wireless electronic and digital communication devices; sub-
`scription television broadcasting; audio- and video-on demand subscription
`broadcasting; transmission and delivery of subscription audiovisual and multime-
`dia content via the Internet; streaming of subscription audiovisual and multime-
`dia content via the Internet; delivery of digitalmusic by electronic transmission;
`delivery of digital content by electronic transmission
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`85900719
`
`NONE
`
`REVOLT
`
`Application Date
`
`04/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Providing non-downloadable films and television programs and programming via
`a video-on-demand service; entertainment services in the nature of develop-
`ment, creation, production, post production and distribution services of films,
`movies, television programs, television programming and related multimedia en-
`tertainmentcontent; entertainment services in the nature of development, cre-
`ation, production, post production of music; entertainment services in the nature
`of development, creation, production and post production of DVDs featuring mo-
`tion picture films, on-going television programs, television series, videos, music,
`music videos, animation, clips, graphics, and multimedia content in the fields of
`drama, action, comedy, sci-fi, animation, music, musicals, news, variety, adven-
`ture, sports, current events and documentary; animation production services;
`entertainmentservices in the nature of creation and production of musical re-
`cords and musical programs; entertainment services in the field of film and tele-
`vision, namely, the creation, production and distribution of films, television pro-
`grams and programming, television series, animation, and computer generated
`images; entertainment services in the field of film and television, namely, the
`creation and production videos in the fields of drama, action, comedy, sci-fi, an-
`imation, music, musicals, dance , news, variety, adventure, sports, current
`events, reality, games shows, awards shows, biography and documentary, and
`music videos; production and rental of sound and visual recordings; production
`of live-action and animatedentertainment shows and interactive programs for
`distribution via audio and visual media, and electronic means; production and
`provision of entertainment news and entertainment information via communica-
`tion and computer networks; providingentertainment services via the internet,
`electronic communications networks, computer networks and wireless commu-
`nications networks in the nature of online games and websites featuring a wide
`varietyof general interest entertainment information relating to motion picture
`films,television programs and programming, television series, videos, music,
`musical videos, animation, related film clips, photographs, graphics and other
`
`

`

`multimedia materials; theater productions; computer animated and special ef-
`fects production services; rental of video recordings,music videos recordings,
`musical recordings, and digital media featuring multimedia content in the fields
`of entertainment and education; rental of pre-recorded videos that may be down-
`loaded from an Internet website; providing a website featuring non-
`downloadable videos, music, music videos, musical recordings, and multimedia
`content in the fields of entertainment and education; rental and distribution of
`motion picture films, television programs, radio programs and animatedpro-
`grams in the fields of entertainmentand education; providing information,
`namely, ratings, reviews and recommendations of users on events and activities
`inthe field of entertainment and education via the internet, electronic communic-
`ations networks, computer networks and wireless communications networks; en-
`tertainment services in the nature of providing non-downloadable entertainment
`programs and content, namely, motion picture films, television on-going pro-
`grams, television programming, television series, videos, music, music videos,
`animation, clips, graphics, multimedia content and related information, all of the
`aforementioned in the fields of drama, action, comedy, sci-fi, animation, music,
`musicals,news, variety, adventure, sports, current events and documentary, via
`the internet, electronic communications networks,computer networks and wire-
`less communications networks; Entertainment and educational services,
`namely, provision of non-downloadable films, television programming, television
`series, music videos, animation, musical recordings, radio programming, videos
`in the fields of drama, action, comedy, sci-fi, animation, music, musicals, dance,
`news, variety, adventure, sports, current events, reality, games shows, awards
`shows, biography and documentary, and multimedia content in the fields of en-
`tertainment and education via television, cable and satellite systems, the Inter-
`net, electronic communications networks, computer networks, wireless commu-
`nications networks, and InternetProtocol Television (IPTV), on-demand and over
`the top (OTT) content delivery media; providing online information in the field of
`entertainment concerning television, motion picture films, video, music, music
`video, animation and radio programs; premium and pay television entertainment
`services namely, entertainment media production and distribution services for
`television; premium and pay television programming services; premium or pay
`television services, namely, production and distribution of television programs
`and motion pictures rendered through the media of television, cable and satellite
`systems, and the Internet; educational services, namely, an educational initiative
`providing educators with pay or premium television programming for educational
`purposes; providing an online non-downloadable television program magazine;
`education services, namely, providing classes, seminars and workshops in the
`fields of film, movies, television, film production and television production; enter-
`tainment services, namely, personal appearances by a film, movie, television
`and music celebrities; providing a website featuring entertainment information;
`providing a website featuring information in the field of music, film, movies, tele-
`vision shows, and television and filmproduction; on-line journals, namely, blogs
`featuring articles, posts and information in the field of music, films, movies, tele-
`vision shows, TV and film production and information about music, film,movie
`and television producers and celebrities; instruction in the field of music; operat-
`ing of music schools; entertainment services in the nature of recording, produc-
`tion and post-production services in the field of music; entertainment services,
`namely, recording studio services; live musical performances; computerservices,
`namely, providing an on-line interactive computer database in the fields of mu-
`sic, film, movies, television programs, radio programs, music, entertainment per-
`sonalities, celebrities, entertainment previews and trailers, current event news
`and other related entertainment and current event news information
`
`U.S. Application
`No.
`Registration Date
`
`85900385
`
`NONE
`
`Application Date
`
`04/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`Design Mark
`
`REVOLT
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 0 First Use In Commerce: 0
`Computer services, namely, providing aninteractive web site featuring techno-
`logy that allows users to consolidate and manage social networks, accounts,
`and connections to existing and emerging application programming interfaces
`(APIs)
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`85900390
`
`NONE
`
`REVOLT
`
`Application Date
`
`04/10/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 045. First use: First Use: 0 First Use In Commerce: 0
`Intellectual property licensing services; licensing of trademarks; licensing of-
`copyrights; licensing rights relating to television productions, films, audio produc-
`tions, and video productions; character licensing; online social networkingser-
`vices; providing information in the fields of fashion and fashion trends
`
`U.S. Application
`No.
`Registration Date
`
`85942615
`
`NONE
`
`Word Mark
`
`REVOLT
`
`Application Date
`
`05/24/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the word "REVOLT" inside a rectangular box.
`
`Class 009. First use: First Use: 0 First Use In Commerce: 0
`Headphones; personal headphones for usewith sound transmitting systems;
`sunglasses, eyeglasses and eyeglass frames; downloadable cellular phone ring
`tones; computer software for processing digital music files; computer software
`for downloading, playing, viewing and streaming films, television programs and
`programming, audio, music, video and multimedia content; computer software
`for downloading and viewing video, movies, films; computer software for upload-
`ing, posting, downloading, viewing, displaying, publishing, disseminating, edit-
`ing, creating, tagging, blogging, sharing, playing back, and facilitating the elec-
`tronic transmission of or otherwise providing electronic media, information, data,
`documents, voice, images, animations, graphics, music,audio and video; digital
`photo frames for displaying digital pictures, video clips and for playing music;
`downloadable music files and video recordings featuring drama, action, comedy,
`sci-fi, animation, music, musicals, dance, news, variety, adventure, sports, cur-
`rent events, reality, games shows, awards shows, biography and documentary
`via the Internet and wireless devices; downloadable MP3 or MP4 files, MP3 or
`MP4 recordings and downloadable pod casts featuring music, audio books,
`video in the fields of drama, action, comedy, sci-fi, animation, music, musicals,
`dance, news, variety, adventure, sports, current events, reality, games shows,
`awards shows, biography and documentary and news broadcasts; audio-visual
`recordings featuring music and newsbroadcasts; music-composition and video-
`composition software; visual recordingsand audio visual recordings featuring
`music and video in the fields of drama, action, comedy, sci-fi, animation, mu-
`sic,musicals, dance, news, variety, adventure, sports, current events, reality,
`games shows, awards shows, biography and documentary; downloadable visual
`recordings featuring music and musical based entertainment; audio equipment
`and accessories, namely, personal stereos, digital audio media recorders, and
`digital audio media players; electronic control devicesfor musical instruments,
`namely, volumecontrol and musical instrument digital interfaces (midi) devices;
`cellular phones; hands-free kits consisting of devices for hands-free use of mo-
`bile phones, headsets, faceplates and cables; specialty holsters for carrying per-
`sonal digitalassistants and cellular phones; personal digital assistants; digital
`cameras; mp3 players and portable and handheld digital audio electronic play-
`ers and computers for recording, organizing, transmitting, manipulating and re-
`viewing audio and video files; personal digital assistants for use as portable tele-
`communications instant messaging devices; computer game software; computer
`game programs; computer game software that may be downloaded from global
`and local area computer networks and wireless communication networks; com-
`puter game cartridges to be usedin computer game machines adapted for use
`with television receivers; computer application software for mobile and cellular
`phones, smart phones, computers, computer tablets, and electronic devices for
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`downloading, playing, viewing and streaming films, television programs and pro-
`gramming, audio, music, video and multimedia content; computer application
`software for mobile and cellular phones, smart phones, computers, computer
`tablets, and electronic devices for downloading and viewing video, movies, films;
`computerapplication software for mobile and cellular phones, smart phones,
`computers, computer tablets, and electronic devices for uploading, posting,
`downloading, viewing, displaying, publishing, disseminating, editing, creating,
`tagging, blogging, sharing, playing back, and facilitating the electronic transmis-
`sion of or otherwise providing electronic media, information, data, documents,
`voice, images, animations, graphics, music, audio and video; downloadable au-
`dio-visual recordings, featuring entertainment programs andcontent featuring
`drama, comedy, action,music and/or adventure via computer and other commu-
`nicatio