TTAB
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.:
`
`91224783
`
`Application No.:
`
`86063139
`
`Mark:
`
`NAKED UNDERNEATH
`
`Published in the Official Gazette on
`July 7, 2015
`
`Cancellation No.:
`
`
`
`Registration No.:
`
`3669650
`
`Mark:
`
`NAKED
`
`)
`)
`)
`
`) )
`
`))
`
`)
`
`) )
`
`))
`
`) )
`
`NAKED BRAND GROUP, INC.
`
`Opposer
`
`VS.
`
`BADIH KHAMIS
`
`Applicant
`
`ANSWER TO NOTICE OF OPPOSITION AND COUNTERCLAIM TO CANCEL
`OPPOSER’S REGISTRATION NO. 3669650
`
`Trademark Trail and Appeal Board
`
`P.O. Box 1451
`
`Alexandria, VA 22314
`
`Commissioner:
`
`In the matter of application Serial No. 86/063139 filed September 12 2013 by Badih
`
`Khamis (“Applicant”), to register the mark NAKED UNDERNEATH for the goods described as
`
`“Clothing, namely, Underwear, Bath Robes, Shirts, T—Shirts, Sweaters, Pants” in International
`
`Class 025 (“Applicant’s Goods”), which was published in the _O_fflc_ial_C@tt§ on July 7, 2015.
`
`Naked Brand Group Inc. (“Opposer”) of Carson City, Nevada believes it will be damaged by the
`
`registration of NAKED UNDERNEATH mark and opposes same. The groun(1s for this defense,
`
`counterclaim and denial of the allegations are as follows:
`
`.MWWWWWWMWWWW
`12-18-2015
`L 5 Patent & TNVOWTM Mall Ram Dr #22
`
`

`
`1. Answering paragraph 1 of the notice of opposition; Applicant admits allegations thereof.
`
`2. Answering paragraph 2 of the notice of opposition; Applicant intends to use the mark
`
`NAKED UNDERNEATH in the. USA and Canada, given that, Applicant owns the
`
`Canadian Trademark in Canada and owns a .ca domain named nakedunderneath.ca.
`
`Exhibit A.
`
`3. Answering paragraph 3 of the notice of opposition; Applicant admits, upon information
`
`and belief that the Opposer is a Nevada Corporation but denies that the Opposer is the
`
`owner of the word NAKED. Opposer is the owner of the company called NAKED
`
`BRAND GROUP INC. and eleven trademarks that all contain the word NAKED, as per
`
`paragraph 7 of notice of opposition. Applicant had no knowledge of the existence of the
`
`Opposer, prior to the letter sent by Michael J. Leonard, dated October 9, 2015, and
`
`Applicant applied for the Trademark NAKED UNDERNEATH in good faith without any
`
`intent of direct competition nor conflict.
`
`Exhibit B
`
`4. Answering paragraph 4 of the notice of opposition; Applicant lacks knowledge and
`
`information to admit or deny allegation. Applicant denies the right of the Opposer to be
`
`granted the “NAKED” trademark since the word NAKED alone is a generic English
`
`word commonly used and without any reference to particular product or corporation. But
`
`Applicant admits that, Opposer is the owner of eleven Trademarks that all consist of two
`
`words, one of which, include the English word NAKED.
`
`

`
`5. Answering paragraph 5 of the notice of opposition; Applicant denies that the Opposer
`can own the English word NAKED. NAKED is an adjective in the English language and
`
`is a word by definition, meaning nude, bare, unclothed, undressed, etc. The Opposer’s
`
`opposition is based on monopolizing the word NAKED, a situation that should not be
`permitted. U.S. Registration No. 3,669,650 should be withdrawn from the United States
`
`Patent and Trademark Office.
`
`Exhibit C
`
`6. Answering paragraph 6 of the notice of opposition; Applicant denies allegation on the
`
`bases of population and purchaser’s class. Opposer advertises on their website, products
`related to International class 025 at values that are not affordable to the majority of
`
`consumers. Opposer’s target market is the upper class, employees that pertain a feasible
`budget to purchase, for example; one pair of underwear at a cost of $32.00 in U.S funds.
`The upper class consumer is approximately 10% of the population of the U.S.A. In
`
`addition, Op
`
`poser targets the athletic and sportive markets, which reduces the percentage
`
`of individuals targeted, creating a small “niche” of people who could purchase the
`
`Opposer’ s products with the use of professional sport celebrities. Applicants target
`market is extremely different than that of the Opposer. Applicant intends to target all
`
`categories of the middle class and the lower classes that can
`
`afford the NAKED
`
`UNDERNEATH brand. NAKED UNDERNEATH brand is more of a Joe Boxer
`
`underwear, found at Costco to a Tommy Hilfiger underwear found at a Hilfiger outlet.
`
`Opposer’s brands are more of a Lacoste level of clothing to a Versace class that is more
`
`

`
`intended for very high income individuals. Applicant strongly believes that both brands
`
`can co—exist in the diversified market, of the USA.
`
`Exhibit D
`
`Exhibit E
`
`. Answering paragraph 7 of the notice of opposition; Applicant admits allegation of
`
`Opposer’s 11 trademarks, all of which are two work trademarks with the English word
`
`NAKED combined with a second word. United States Patents and Trademark offices
`
`website search function lists 2124 trademarks that the English word NAKED is affiliated
`
`to. Similar to the following brands, that are not owned by Opposer, yet all are in
`
`International Class 025 and have the inclusion of the generic word NAKED in
`
`conjunction with another word. In addition, the last 3 of the following Trademarks have
`
`the word NAKED in conjunction with more than one word.
`
`BUCK NAKED
`
`(Note: Website images in Exhibit F)
`
`BUTT NAKED
`
`NAKED NOMAD
`
`NAKED WARDROBE
`
`NAKED ANTLERS
`
`VAPE NAKED
`
`NAKED&RICH
`
`SURF NAKED
`
`SLEEP NAKED
`
`NAKED TRUTH
`
`

`
`0
`
`FIT TO BE NAKED
`
`0 GO HARD TO LOOK GOOD NAKED
`
`0
`
`FOR WHEN YOU ARE NAKED
`
`o TOTALLY BUCK NAKED
`
`All trademarks with the word Naked as a part of their name and are under the
`International Class 025 status. All listed trademarks co—exist in the USA market with the
`
`Opposer’s Trademark.
`Applicant also denies date of first use. Applicant first started business in Canada, within
`the province of Quebec, when the Applicant first registered “surface style” company in
`1990. In 1992-1993, Applicant began producing t—shirts with the mark NAKED
`
`UNDERNEATH. As mentioned in email;
`
`Exhibit F
`
`Exhibit G
`
`8. Answering paragraph 8 of the notice of opposition; Applicant agrees with the allegations
`of paragraph 8 based on information provided by the Opposer, all of which can also co-
`exist with the Applicant’s one Trademark, NAKED UNDERNEATH in the same class.
`Applicant, again denies the date of first use, as per reply in paragraph #7. Opposer has
`over 19 Trademarks owned and/or in process, all of which are two words each and
`contain the word NAKED. There are countless combinations of words that could be
`
`affiliated with the commonly used, word NAKED and the Applicant believes that
`limiting ownership of one word to one Trademark is not in the best interest of the USA
`market. Limiting creativity, growth, ideas, advertising ideas, etc. would limit an
`
`

`
`economy of its abilities to grow and diversify. Registration No. 3,669,650, should be
`
`cancelled to avoid future conflicts and legal proceedings.
`
`9. Answering paragraph 9 of the notice of opposition; Applicant considers that the
`
`trademark on the work NAKED alone should not have been granted in the first place.
`
`Applicant will rely on the United States Patent and Trademark Office to render a fair
`
`judgment made in good faith, based 011 other situations and in the best interest of the U.S.
`
`market .
`
`A Trademark is an Intellectual property. An intellectual property for this particular case,
`
`is a creative word, words, name or phrase. The word NAKED is 11ot a creative word like;
`
`Nike, Adidas, Kleenex, Coke, etc. NAKED is a common English word that is used by
`
`the general public and should not be monopolized by one person or entity. NAKED
`
`UNDERNEATH is a new and creative expression that may provide fun, laughter and
`
`amusement to consumers of various types of clothing. Based on past experience;
`
`consumers found the expression generally cute, amusing and self—expressive on a t—shirt.
`
`It is conservative and proactive at the same time.
`
`Exhibit H
`
`10. Answering paragraph 10 of the notice of opposition; Applicant does not have sufficient
`
`knowledge or information to form a belief as to the allegations contained therein.
`
`Applicant denies that the Opposer has commenced the use of the vword NAKED prior to
`
`the Applicant since, Applicant started using the NAKED UNDERNEATH Brand in
`
`Canada in 1992-1993.
`
`

`
`11. Answering paragraph ll of the notice of opposition; Applicant has limited information
`
`on Opposers Advertising and promotional strategies. Countless corporations use
`common words in their own Trademarks, which is also used by other companies that co-
`
`exist in the market.
`
`A famous Trademark co-existence example is “Pepsi Cola” and “Coca Cola”. Both have
`in the name of their individual brands.
`
`creative names that incorporate the word “Cola”
`Bo1:h are carbonated soft drinks that compete in the international market, with continuous
`creativity in advertising, promotions and marketing. In addition; Presidents Choice also
`has a “Cola” called “PC Cola” that is sold at more affordable costs to lower income
`
`consumers. Opposer and Applicant can co—exist if the
`many more brands that use the word “Cola”. NAKED UNDERNEATH is very unlikely
`to reach the levels of sales as Coke and Pepsi and will not affect market share with
`
`three mentioned giants, amongst
`
`Opposer. NAKED UNDERNEATH will not affect Opposers sales, advertising,
`marketing, etc., as mentioned in Paragraph #6, due to the fact that other International
`Class 025 Trademarks with the word NAKED are already in the marketplace and
`
`Applicants target market is very different than that of the Opposer. NAKED
`UNDERNEATH would be targeted to much lower income consumers, similar to “Fruit
`of the Loom” sold in Walmart, and “Joe Boxer” sold in Costco and “Tommy Hilfiger” in
`Hilfiger outlets. Furthermore, based on the website, the Opposer sells underwear and
`sleepwear online. A consumer is free to buy online a product originating from any place
`in the world and the Applicant has been granted the trademark for NAKED
`
`

`
`UNDERNEATH in Canada, and is therefore free to use that trademark in its online
`
`dealings.
`
`Exhibit I
`
`. Answering paragraph 12 of the notice of opposition; Applicant admits that it did not
`
`request permission from Opposer since it does not need such a permission, being the
`
`owner of the Canadian trademark NAKED UNDERNEATH.
`
`GROUNDS OF OPPOSITION AND COUNTER CLAIM
`
`(UNLIKELYHOOD OF C()NFUSION AND POSSIBLE CO-EXISTANCE)
`
`13.
`
`Answering paragraph 13 of the notice of opposition; Applicant re—alleges the counter
`
`allegations of Applicant in paragraphs 1-12 of this notice of Opposition and
`
`Counterclaim.
`
`. Answering paragraph 14 of the notice of opposition; Applicant denies the allegation.
`
`Confusion, mistake or purchase deception, may presently exist with other brands with the
`
`wor(l NAKED, that do not belong to the Opposer and, to the Applicant’s knowledge, the
`
`Opposer did not ask or was not able to have those supposedly similar trademarks
`
`rejected. Applicants brand NAKED UNDERNEATH is not a threat to Opposer’s
`
`market, since the targeted markets are not the same.
`
`

`
`15.
`
`16.
`
`Answering paragraph 15 of the notice of opposition; Applicant reaffirms all of its
`
`previous allegations.
`
`Answering paragraph 16 of the notice of opposition; Applicant denies allegations as
`
`stipulated in Paragraph #2 through 12.. Applicant and Opposer’s Channels of Trade are
`
`very unlikely to conflict, other than on the internet, which is used by all an(l on which the
`
`Applicant has the right to carry out business under its Canadian trademark. The word
`
`NAKED cannot be monopolized alone. If there is no confusion with the “Naked” used
`
`by other brands that already do not belong to Opposer, a co—existence with NAKED
`
`UNDERNEATH is possible. Furthermore, the Opposer has 19 variations of the generic
`
`word NAKED in conjunction with other words which leads the Applicant to believe that
`
`the word NAKED was not sufficient alone to create a distinctive brand in the minds of
`
`CO=I]SLlIIl€I'S.
`
`17.
`
`Answering paragraph 17 of the notice of opposition; Applicant denies all stated.
`
`allegations. Applicant believes Opposer’s brands and NAKED UNDERNEATH do not
`
`address the same class of purchasers and, that this difference in the consumer’s class will
`
`avoid the possibility of confusion between the respective party’s goods. The Applicant
`
`also believes that Opposer’s alleged reputation in terms of quality and prestige to their
`
`higher level, upper c:l:Jss market will be sufficient to avoid confusion with the lower end
`
`products co»mmerciali7.e(l under NAKED UNDERNEATH. The high quality of the
`
`Opposer’s products and the use of the UNDERNEATH on the products of the Applicant
`
`will avoid customers being mislead into thinking that NAKED UNDERNEATH is the
`
`

`
`same as the products of the Opposer’s. Furthermore, if one follows the Opposer’s logic,
`ght arise with any product (clothing, tools, books,
`
`the alleged problem of confusion mi
`movies, etc.) in which the word NAKED is used since a consumer might think
`
`product is related to the “NAKED” trademark.
`
`18. Answering paragraph 18 of the notice of opposition; Applicant denies allegation, since
`13 other similar brands not related to Opposer are already using a name that includes the
`
`EATH should not change
`
`to Opposer
`
`19. Answering paragraph l9 of the notice of opposition; Applicant denies allegation. Other
`existing brands are active in the USA, along with the Opposer’s brand and the presence
`of a new player in a “niche” different than the one the ()pposer occupies would not
`
`violate or diminish the rights of the Opposer.
`
`20. Answering paragraph 20 of the notice of opposition; Applicant r
`contained in Paragraph #1-l9 of this answer to the Notice of Opposition and
`
`e-alleges all responses
`
`Counterclaim.
`
`21.
`
`Answering paragraph 21 of the notice of opposition; Applicant denies that the generic
`
`English word NAKED can be owned and/or monopolize
`
`d by one company or person.
`
`

`
`22.
`
`Answering paragraph 22 of the notice of opposition; Applicant denies allegations and
`
`reaffirms that other trademarks with the word NAKED in it are already present in the
`
`market, for the same kind of products and do not seem to create confusion. Opposer may
`
`regret not thinking of the term NAKED UNDERNEATH before and would like to adopt
`the new mark for his own. NAKED UNDERNEATH is the Applicant’s Intellectual
`
`Property, created in 1992-1993 and the Applicant should be entitled to use his brand.
`
`23. Answering paragraph 23 of the notice of opposition; Applicant denies allegation, as per
`
`Paragraphs 7 and 10.
`
`24. Answering paragraph 24 of the notice of opposition; Applicant denies allegations.
`Goods may be related but of different quality, pricing and target market. The channels of
`trade will be very different, except for the intemet in which the Applicant has the right to
`
`use his NAKED UNDERNEATH trademark by Virtue of a valid Canadian trademark.
`
`25. Answering paragraph 25 of the notice of opposition; Applicant denies allegation.
`
`Opposer is making an assumption of the competence of the general public. When the
`Applicant performed an internet Google Search of NAKED UNDERNEATH, none of the
`products of the Opposer showed in the results. The Applicant submits that this leads to
`believe that the consumer will not be mislead in thinking that NAKED UNDERNEATH
`
`brand is related to the Opposer’s Brand, since these brands do not even show up in the
`
`Google search, therefore confusion is very unlikely.
`
`

`
`Exhibit J
`
`26. Answering paragraph 26 of the notice of opp
`reasons already stated in this Answer To Notice Of Opposition and Counterclaim.
`
`osition; Applicant denies allegations for
`
`27. Answering paragraph 27 of the notice of opposition; Applicant denies and contests the
`statement in paragraph #27. NAKED UNDERNEATH mark should be granted the
`
`chance to be exploited in the USA market, as to any other NAKED marks that are not
`
`WHEREFORE. Applicant prays that the Opposer and its Opposition is overruled and the
`Application Serial No.86/063139 for NAKED UNDERNEATH is granted, in good standing by
`
`the Trademark Trial and Appeal Board.
`
`Respectfully submitted.
`
`Date: 18 December 2015
`
`By:
`
`Badih ( Bob ) Khamis
`
`6395 Cote De Liesse
`
`Montreal, Quebec
`
`H4T 1E5
`
`Owner & Creator of the NAKE UNDERNEATH Brand
`
`

`
`I hereby certify that a true and complete copy of the foregoing ANSWER TO NOTICE OF
`
`OPPOSITION AND COUNTERCLAIM TO CANCEL OPPOSERS REGISTRATION NO.
`
`3669650, has been served on December 18, 2015, to Michael J Leonard, Gerard P Norton,
`
`Christopher D Olszyk Jr. of Fox Rothschild LLP, by mailing said copy on December 18, 2015,
`
`Via Fist Class Mail, postage prepaid, through Post Canada to: Michael J Leonard, Fox Rothschild
`
`LLP, 997 Lenox Drive, Building #3, Lawrenceville, NJ 08648-231 1, United States.
`
`/I/,,,-
`
`Signature:
`
`Z. V
`
`K/xsmir
`
`Date:
`
`bQc'9"V\i95~r‘ 1?“, 1-0))’
`
`

`
`EXHIBIT A
`
`

`
`Office ole la propriété
`intellectuelle
`du Canada
`
`Canadian
`intellectual Property
`Office
`
`Un organisme
`d'lridustrie Canada
`
`An Agency of
`Industry Canada
`
`50 Victoria Street
`50. rue Victoria
`el
`Place du Porta e I
`Place du Porta
`Gatineau(Quégec) K1A 0C9 Galineau, Que ec K1AOC9
`
`Badih Khamis
`820 38th Avenue
`Lachine
`QUEBEC HST 2C3
`
`Rcquérant - Applicant:
`Badih Khamis
`
`Marque dc commerce - Trademark
`NAKED UNDERNEATH
`
`10 sept/Sep 2014
`Votre référcnce - Your refcrcncc
`
`
`
`
`AVIS D'APPROBA'Ill.ON
`
`La présente est pour vous aviser que, conformément aux
`dispositions de l'article 37 de la Loi sur les marques de
`commerce, cette demande est prévue pour publication au
`Journal des marques de commerce en temps opportun.
`
`Une feuille de verification contenant 1'inforrnation qui paraitra
`dans le Journal des marques de commerce confoimément a
`l'article 16 du Réglemerit sur les marques de commerce est
`jointe a titre de revision. Si vous trouvez des erreurs ou
`inconsistances, veuillez communiquer avec l'examinateur
`identifié ci-dessous avant le 8 octobre 2014. Si aucune
`correspondance n'est reeue a la date mentionnée, les details de
`la demande, tels qu'ils apparaissent sur la feuille de
`verification ci—jointe, seront publiés dans le Journal des
`marques de commerce.
`
`A'l‘TEN'l"l0l‘i : Si vous recevez iine facture concernant la“
`presente demande en provenance r1'nne entire’ autrerque l'Oiticr;:
`de la Propriété lntellectuelle du Canada, lndustne L‘/aiiada, ou
`votre a ent de marques de commerce, veuillez contacter soil’ le
`centre e services a la clientele an l--8t56—‘>97-1936 (cu
`819-934-0554 pour les appels internationaux) on votre agent
`de marques de commerce avant de répondre. Le Bureau est au
`courant des sollicitations de la part des compagnies du secteur
`prive’ relativement a des demandes canadiennes
`d'enregistrement de marques de commerce.
`
`APPROVAL NOTICE
`
`This is to inform you that, pursuant to section 37 of the
`Trade-marks Act, this application is scheduled to be advertised
`in the Trade-marks‘ Journal in due course.
`
`A proof sheet containing the information that will appear in
`the Trade-marks lournal pursuant to Section 16 of the
`Trade-marks Regulations is attached for your review. Should
`you find errors or discrepancies, please inform the examiner
`identified below before October 8, 2014. If no correspondence
`is received by that date, the particulars of the application, as
`shown in the attached proof sheet, will be published in the
`Trade-marks Journal.
`
`if you receive an invoice concerning this
`PLEASE NOTE:
`application frornanjxone other than the Canadian lzitellernizil
`Property Ofrice.iiidiistry Canada, or your [l‘.'lLlC'|ll;ll'1iL aiggirt,
`please Contact €l1E‘1EI
`the client sewice centre at
`1-866—997-1‘-)36(nr8l9—934—0554 for international callsl or
`gour trade-mark agent prior to responding. The Office lxas
`een made aware ofseveral incidents; of what a pear to be fee
`solicitations from private sector companies wit
`respect to
`Canadian trade-mrli applications.
`
`Canada
`
`I“‘I
`
`www.opic.ic.gc.ca
`www.cipo.ic.gc.ca
`
`i:.y'r!lll.l:
`
`3"‘ ‘ ll
`
`
`

`
`APPUN No.INo DEM.
`
`1 643 268
`
`SEARCHEDIA FAIT L'OBJET D"UNE RECHERCHE
`
`F1L1NG DATEIDATE DE PRODUCTION:
`
`APPLICANTIREQUERANT:
`Badih Khamis
`820 38th Avenue
`Lachine
`
`QUEBEC
`H81‘ 2C3
`
`TRADE-MARKIMARQUE DE COMMERCE:
`
`NAKED UNDERNEATH
`
`12 septlsep 2013
`
`WARESIMARCHANDISES:
`Textile products consisting oft-shirts, sweaters/sweatshirts, underwear, swimwear, bath robes, bedding, sheets, mattress
`pads, pillows, towels and facecloths.
`
`CLAIMSIREVENDICATIONS:
`
`Used in CANADA since June 01, 1996 on wares.
`
`Action
`filed/procluite
`created/créé
`formalized/formalisée
`translation requested/traduction demandée
`translation received/traduction reeue
`search recorded/recherche enregistrée
`examiner's first report/premier rapport de 1'examinateur
`approval notice sent/avis d'approbation envoyé
`
`BF
`
`Date
`2013/09/12
`2013/09/13
`2013/09/16
`2013/09/17 2013/1 1/16
`2013/11/06
`2014/05/21
`2014/05/21 2014/1 1/21
`2014/09/10 2014/10/08
`
`Commentslcommentaires
`
`10 Sept/Sep 2014
`
`JF-93-94
`
`Page
`
`1
`
`

`
`11/28/2015 Canadian trade-mark data: 1643268 - Canadian trade-marks database -- Intellectual property and copyr
`1
`Cana«:lian|i1t+3||ecrtLial
`Office -31-: la propriété
`l'—‘ropeit'y'Office
`intellectuelleduCanada
`*
`
`
`ight - Canadian Intellectual Property Office - lrldu. ..
`.
`,
`"W
`C:dnad'd-
`
`An Agency of
`Industry Canada
`
`Un organisme
`d'Industrie Canada
`Canadian Intellectual Property O_ffice __
` .—.___
`
`
`
`Canadan tradeemark data
`
`I’_tLi_L_d.-.J_’.21r:c.v Infor.ma1i.9n-LEQj1tu...Qi§c|.a. iI11e:
`
`The database was last updated on:2015-11-24
`
`TM A9 0 0 3 5 5
`
`B_§SiLSliL\IL9.fl.fl_lflfl§§.B;
`REGISTERED
`
`2013-09-12
`
`2013-09-16
`2014-11-19
`2015-04-07
`
`ABEl.-_I.QAI.LQ.N._N__liM1§.E,_B.:,
`STATUS;
`
`1643268
`
`EI1—_E_Q..=_
`
`_E_O_RMALIZED_:
`AI_D_\_I_E_l3_‘_I'_I§_E_D_:_
`jR,_E__(j_I_§TERE[2;
`
`
`REGISTRANT;
`Badih Khamis
`820 38th Avenue
`Lachine
`
`H8T 2C3
`
`QUEBEC
`
`LRADE:MARK. .L\.lV.QL§1l=.
`NAKED UNDERNEATH
`
`NAKED UN DERNEATH
`
`GO0I),__S_;
`('1§)~T"extile products consisting of t;—shirts,
`bedding, sheets, mattress pads, pillows, to
`
`sweaters/sweatshirts, underwear,
`wels and facecloths.
`
`swimwear, bath robes,
`
`§.3.LA§§I.ELCA.17I;0_N_£.>.AI!_L
`
`urposes only. CIPO does not
`provided for information and searching '_a
`data has no legal value of any
`The Classification data is
`d to the trademark. This
`warrant the accuracy of the classes assigne
`kind.
`20 - Furniture, mirrors, articles not included in other classes
`24 - Textiles and textile goods
`25 - Clothing, footwear, headgear
`
`Used in CANADA since June 01, 1996.
`
`. - .....~..1. 1..1--.:M:rmclansnnr)ocument|ndexOnPage=1
`
`

`
`11/28/2015 Canadian trade-«mark data: 1643268 - Canadiantrade-marks database- Intellectual property and copyright- Canadian Intellectual Property Office - lndu...
`
`Action Information
`
`A_C;TL_(_)__l_\_l
`Filed
`Created
`Formalized
`Search Recorded
`Examiner's First
`Report
`Approval Notice
`SentApproved
`Extracted for
`Advertised
`Allowed
`Allowance Notice
`Sent
`Registered
`
`Advertisement
`
`DATE
`2013-09-12
`2013-09-13
`2013-09-16
`2014-05-21
`2014-05-21
`
`2014-09-10
`2014-10-30
`2014-11-14
`2014-11-19
`2015-03-06
`2015-03-06
`
`2015-04-07
`
`BF
`
`COMMENTS
`
`2014-11-21
`
`2014-10-08
`
`2015-09-06
`
`APPROVED BY PROGRAM EXZOOM1
`Vo|.61 Issue 3134 2014/11/19
`Vol.61 Issue 3134
`
`I Back to search lLBack I
`______________________.____
`
`Last updated: 2015-11-24
`
`. .. Wmo. -..-.-..-;.....= n5Z.=tarfinn|') ncum entlndexOnPage=1
`
`

`
`Bob Khamis
`
`From:
`Sent:
`To:
`Subject:
`
`Patrick Khamis [ceo@linendepotdirectcom]
`November-15-15 7:37 PM
`khamis@marimac.com
`Fwd: Patrick, your order confirmation is inside: plus
`
`25 % coupon code
`
`Sent from my iPhone
`
`Begin forwarded message:
`
`From: "GODaddy" <don0tregiy@<gQg1_gtMy_£y>
`Date: November 15, 2015 at 7:36:08 PM GMT~5
`_____.__._
`To: ceo @ ii[1§I1d€Q0[(1if§_gl.C()ITl
`Subject: Patrick, your order confirmation is inside: plus a 25 % coupon code
`Reply-T0: cLn_1m_m_p1it._@gQi2;Lc1_u9s2i:1
`
` 9‘ Gobadd
`I
`K
`
`‘
`
`24/7 Support: 866-938-1119
`.\
`,
`. . . _
`:..wi;n~. —— o,us:<:»r*n+:er' i»iurni:ne-r;
`.39&.i_'(
`,»
`;
`
`-
`iv‘ can 3:
`
`i
`
`Here‘s your confirmation for order number 901397674. Review your receipt and g<_e_t_§j;a_rt§g
`using your products.
`
`.CA Domain Registration
`oab9;d_uu§:m§.@§.<1
`
`

`
`EXHIBIT B
`
`

`
`Bob Khamis
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Bob Khamis [khamis@marimac.com]
`October—15-15 10:51 AM
`'m|eonard@foxrothschi|d.com'
`'jschwinn@foxrothschild.com'; ‘Jessica Corbin‘
`RE: U.S. Trademark Application for NAKED UNDERNEATH; Applicant: Khamis, Badih; Our
`Ref.: 134564.00015
`
`~um<'l m-.:«-m.irigo, Mr
`
`l_emi-ml,
`
`fli~m!« .,l,-«J for iii? »'li<.«:-issi<:»n \/€?S1E‘i’if!ciy'
`
`Y'(:eu.r e><plaiHl‘m=i ml‘ rho iifiijeg ex «grail ,3pp:'F_—-(fiaIe(I
`
`il1:‘i\§_§<’lllF‘.‘(L l have used the name \lal<ed |.Jn<:lerneaih 3in«:e ?‘§ii’}_‘}:,‘;‘;'lI{’I‘llfEgl5i(:l€dl‘l'l‘j1’ll'Sl,é;()l"!4}.Jflx|ymillxlnéfdllh
`rss.
`-i.—n.«<:- "ml shirts and nndervvear: As inentioned, l liave items: iieawl all the nsmie l~-lal<eu' and it'sa2°hlia1i“ec,ll)r‘anrl=,~u«i
`eJil'l[iIx,-ill‘/, until I receiver! \/our letter and had our r.lisr;nssi0n
`?:'.%i(.l lake wine lime to research the =TOl'Tl[Jal1\,/c3liCl?ll"%‘
`:4
`—,w:»h we -/ou pruvided, ll IS a very -nteresting ar1claggre\s;)i-:.*ee<:m:pan~,
`ll'lnnl< my name :2 very rliff.:>;ent :50 that ml
`.ll~“*iIl
`in many ways, but it would be up to the D€|'C€’pllOll
`sf »:n_he-rs
`ihriefly explained rny ll‘!T€lIliIf)fl3 or1‘rlic>plwn'~ «vi
`we mllmg to discuss the matter further at vour client“; f.(,lf‘g»..".~‘.-:‘-,!%“i'l(.f*f‘
`
`ll‘ij';il< ‘!:'v,)l_l,
`
`Rub l<|iamlS
`
`‘~=i1J’~)<l)883%
`
`From: ‘g9Q_|<Lam_is.@gmaJ|._c9_m [maL|L9.;t;gb1<_t1_a.rIJi_s:@9_gm@L;2Lr1]
`Sent: 0ctober—09-15 11:53 AM
`To: Bob Khamis
`Subject: Fwd: U.S. Trademark Application for NAKED UNDERNEATH; Applicant: |<hamis, Badih; Our Ref.: 134564.00015
`
`Sent from my iPhone
`
`Begin forwarded message:
`
`From: "Schwinn, June" <l_’=£l..MJ...VlnQ°f€m9_U1§EIlll(§.;£Q.!.fl>
`Date: October 9, 2015 at 10:49:16 AM GMT-/—l
`To= ".t2l<ha.:rrii::@_lmend<:2o.:direstzso rm" <bk.iL@1_'r1.i.:@1i:Le: >..d_w:d_ir.e:;1....;«1;9_.rr_a=>, "Q29.lS_l1§.Xll§.C}£TFl§JlE?!F1"
`<bobl<hamis@grnail.cog1>
`Cc: "Leonard, Michael J." <rl|J§§_)A[_)_flyVCiQDj9Z(l_;9_E£fl]_lLq.(Li)Ifl>
`T
`Saldject: U.,S.
`raclemarl-: Application fer NAKED lJilDlElT.RlEA’Tl—l;: Appli:an»::: l*§l“lanf~
`fl.32£l56ll.®0lGl15
`
`Dear Mr. Khamis:
`
`Please see the attached correspondence from Michael J. Leonard. The original will follow by first class
`mail.
`
`

`
`2 :>
`35 Cl’: we/=i
`.91.
`.iI~Lir1a-.
`Legal Administrative Assistant to
`Michael]. Leonard, Esq.
`Christopher D. Olszyk, Jr., Esq.
`Ryan N. Miller, Esq.
`7%-oi; a;<::3‘;:iiair«‘r‘n :10 1 H’
`2000 Market Street
`20th Floor
`Philadelphia, PA 19103-3222
`(215) 299-2075 - direct
`(215) 299-2150 - fax
`.l‘ll:‘\Jll"1i‘lLl:l)ltlfli « ?_l’l:l»")i_\.5"‘.‘>ii!.
`1?:
`v1rm..f9r.r1c1t.h.s_cti1|9119051
`
`:_i_iijii
`
`This e—mail cont
`the use of the lndividual(s) na
`.
`the intended recipient, you are
`'
`'
`'
`the employee or agent responsi
`'
`.
`notified that a.ny dissemination or copying of this e—mai
`received this e—mail in error, please immediately notify us by telephone at (215)-299-2167 or
`all a hardcopy of the e—mail
`notify us by e—mail at_‘ Also, please m
`et, Philadelphia PA 19103-3222 via the U.S. Postal
`to Fox Rothschild LLP, 2000 Market Stre
`Service. We will reimburse you for all expenses incurred. Thank you.
`
`

`
`EXHIBIT C
`
`

`
`12/6/2015
`
`meaning of naked — Google Search
`
`meaning of naked
`
`Images
`
`Videos
`
`News
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`Maps
`
`More
`
`Search tools
`
`About 61,700,000 results (0.39 seconds)
`
`naked
`/' nékidl
`
`adjective
`adjective: naked
`1.
`(of a person or part of the body) without clothes.
`"he'd never seen a naked woman before"
`synonyms: nude, bare, in the nude, stark naked, having nothing on, stripped.
`unclothed, undressed; Nlore
`antonyms: clothed, dressed
`.
`(of an object) without the usual covering or protection.
`"her room was lit by a single naked bulb"
`synonyms: unprotected, uncovered, exposed, unguarded
`"a naked flame"
`antonyms: covered
`(of a tree, plant, or animal) without leaves, hairs, scales, shell, etc.
`"the twisted trunks and naked branches of the trees“
`synonyms: bare, barren, denuded, stripped, uncovered
`"the naked branches of the trees"
`- exposed to harm; unprotected or vulnerable.
`"John looked naked and defenseless without his glasses"
`synonyms: vulnerable, helpless, weak, powerless, defenseless, exposed, open
`to attack
`''I felt naked and exposed"
`(of something such as feelings or behavior) undisguised; blatant.
`"naked, unprovoked aggression"
`synonyms: undisguised, plain,
`i|l!aU0lflE%d, unvarnisned, tili~.)‘i.l-'—)ili!E:,i, -slaw, «gaid;
`More
`
`2.
`
`Origin
`
`-:;’w'EF:t-r.l.e.l~llC:
`
`li':LlZ'r ENGLIELH
`na-9:-.1
`
`DI_lT(3H
`
`naakt
`
`nal-'.»:r.:l
`
`C-'.EF:lv'l:#‘il'~l
`i‘i:ac‘::|/.t
`Old English nacod, of Germanic origin; related to Dutch naakt and German nackt, from
`an lndo—European root shared by Latin nudus and Sanskrit nagna .
`
`Translate naked to Choose language
`
`{I}
`
`over time for: naked
`
`l«:"T"fI
`
`ll-I130
`
`lԤ|U'Z'
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`U "
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`Show less
`
`Naked‘ » definition of naked by We Ftee Du:;tas3:‘rar\,/
`“
`-"'
`‘:l;<:t‘oi1.=u'ye";):n.’naked 7
`
`
`|-\t\
`
`1/’)
`
`

`
`EXHIBIT D
`
`

`
`12/16/2015
`
`Social class in the United States - Wikipedia, the free encyclopedia
`
`Upper class
`
`Further information: .1ti>.~i-;:*;r:.—ari i.1p;3er 52/555
`
`This term is applied to a wide array of elite groups existing in the United States of America. The
`term commonly includes the so-called "blue bloods" (multi-generational wealth combined with
`leadership of high society) such as the Astor or Roosevelt families. Twentieth century
`sociologist W. Lloyd Warner divided the upper class into two sections: the "upper-upper class"
`(or bourgeoisie) and "llower-upper class" (or "scoobs"). The former includes established upper-
`class families while the latter includes those with great wealth. As there is no defined lower
`"threshold for the upper class it is difficult, if not outright impossible, to determine the exact
`number or percentage of American households that could be identified as being members of
`
`the upper—c|ass(es).
`
`Income and wealth statistics may serve as a helpful guideline as they can be measured in a
`more objective manner. In 2005, approximately one and a half percent (1.5%) of households in
`the United States had incomes exceeding $250,000 with the top 5% having incomes exceeding
`$’l57,0O0.“9' Furthermore, only 2.6% of households held assets (excluding home equity) of
`more than one-million dollars. One could therefore fall under the assumption that less than five
`percent of American society are members of rich households. The richest 1% of the American
`population owns as much as the combined wealth of the bottom 90°/ci,l"4°l or perhaps even
`more.” ”
`
`Members of the upper class control and own significant portions of corporate America and may
`exercise indirect power through the investment of capital. The high salaries and the potential for
`amassing great wealth through stock options have greatly increased the power and visibility of
`the "corporate elite". There is disagreement over whether the “‘i‘:oi.:veao l’li"..Fl%"' should be
`included as members of the upper class or whether this term should exclusively be used for
`established families. Many sociologists and commerrtators make a distinction between the
`
`rnade rnillionaires in pi"estiglous or:t;l.i,;>atioris;.’39’3
`
`:i,l“:‘
`
`

`
`EXHIBIT E
`
`

`
`12/15/2015
`
`
`
`Class Structure in the U.S.
`
`American society is stratified into social classes based on wealth, income,
`educational attainment, occupation, and social networks.
`
`l_‘-':’/-\Rl\lll\lG OE'>JEiCTI'\/ES [ eciai. ]
`
`
`..-=, the concept of the "American Drearn" in rrns of '\‘O';“,l«‘sl
`
`t"lt.i;”-%i
`
`n
`‘
`_.
`it
`ya
`=
`“ii
`_
`V
`7r_ 1
`Ulltl~'i)[‘Si.b.[ltl Alllfltltlii. S CMSS b[lUCl.l.lt'B
`
`KEY l5’Oll‘~lT8 [ edit]
`
`c- There are competing models for thinking about social Elasses in the US. —- most Americans
`recognize a three-tier structure that includes the upper, miridle, and lower classes, but variations
`delineate an upper--middle class and a worldng class.
`a High income earners likely are stibstantialljv edit-rated, litzwe 5:».i;;h_-Eta*ti1§Eccupationfi, and
`maintain powerful social networlfi.
`s According to the "American Drearn," American societxi is rneritocratig and class is achievemenb
`based. In other words, one's. membership in Earticulag S0£';«.~il class is based on educational and
`
`Ereefl accomplishments.
`
`TERi\/lE5 [
`
`:a:=f]
`
`us Corporate Elitg
`
`A class of high-salaried stockholders, such as cor
`privilege but have achieved high status through their careers.
`
`porate C E03, who dc not necessarily have inherited
`
`o The American Dreany
`
`The belief that with hard work, courage
`
`3, and deter;rnin:.iti»on, m'lv'UW.~: C? it p 1-sozsjper and achieve success.
`
`E><ainPi._té,s i
`
`i
`
`can i‘.vrream L_’1;glf‘.lvZl’»8 a person who is loorn to poor
`0 An example of someone who achieves the Arneri
`parents but is smart and hardworldng and ea/eni:iiallf«,i ;»joes
`2;
`in
`it;<‘3l