throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1233281
`
`Filing date:
`
`09/01/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91227510
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`DJI GmbH
`
`B BRETT HEAVNER
`FINNEGAN HENDERSON FARABOW ET AL
`901 NEW YORK AVENUE NW
`WASHINGTON, DC 20001-4413
`UNITED STATES
`Primary email: docketing@finnegan.com
`Secondary email(s): b.brett.heavner@finnegan.com,
`doug.rettew@finnegan.com, TTAB-Legal-Assistants@finnegan.com
`202-408-4000
`
`Defendant's Notice of Reliance
`
`B. Brett Heavner
`
`docketing@finnegan.com, b.brett.heavner@finnegan.com,
`doug.rettew@finnegan.com, TTAB-Legal-Assistants@finnegan.com
`
`/B. Brett Heavner/
`
`09/01/2022
`
`2022-09-01 NOR 10 - 3rd Party Use of Phantom.pdf(153015 bytes )
`DJI154 part 1 DJI001393 - 1440.pdf(5513732 bytes )
`DJI001443 - 1465.pdf(5585441 bytes )
`DJI001500 - 1545.pdf(6054041 bytes )
`DJI001564 - 1605.pdf(5213045 bytes )
`DJI001609 - 1688.pdf(5342559 bytes )
`DJI001690 - 1737.pdf(5514266 bytes )
`DJI001739 - 1789.pdf(5201416 bytes )
`DJI001793 - 1829.pdf(4904938 bytes )
`DJI001831 - 1873.pdf(4879345 bytes )
`DJI001875 - 1919.pdf(5547604 bytes )
`
`

`

`
`Opposer/Counterclaim Defendant,
`
`
`
`v.
`
`
`VISION RESEARCH, INC.
`
`
`
`
`
`
`DJI GMBH.
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Opposition No. 91227510
`
`Application Serial No. 79/163070
`
`Mark:
`
`
`
`
`Applicant/Counterclaim Petitioner.
`
`
`
`
`DJI GMBH’S NOTICE OF RELIANCE NO. 10_UNDER 37 CFR § 2.122(e)(2)
`
`Pursuant to Trademark Rule 2.122(e)(2) and TBMP § 704.08(b), Applicant and
`
`Counterclaim Petitioner DJI GmbH submits of record in connection with this opposition
`
`proceeding Internet documents and Internet website printouts of third-party Internet materials
`
`under Trademark Rule 2.122(e). The website printouts identified in Applicant and Counterclaim
`
`Petitioner’s Notices of Reliance show the URL and the date when each web page was printed.
`
`These website printouts show widespread, third-party use of the term PHANTOM for
`
`goods and services, including cameras and camera-enabled devices. The exhibits identified in
`
`this Notice of Reliance are relevant to establish that Opposer’s PHANTOM mark is weak and
`
`entitled to a narrow scope of protection.
`
`Exhibit
`No.
`
`Description and Relevance
`
`DJI154 Third-party internet materials. This exhibit is relevant to demonstrate the weakness
`of the term PHANTOM. This exhibit qualifies for admission under a notice of
`reliance as a printed publication across the following Bates Nos.:
`DJI001393 - 1440, DJI001443 - 1465, DJI001500 - 1545, DJI001564 - 1605,
`DJI001609 - 1688, DJI001690 - 1737, DJI001739 - 1789, DJI001793 - 1829,
`DJI001831 - 1873, DJI001875 - 1919, DJI001921 - 1970, DJI001972 - 1992,
`DJI002019 - 2066, DJI002071 - 2099, DJI002103 - 2113, DJI002116 - 2122,
`DJI002124 - 2142, DJI002145, DJI002189 - 2234, DJI002237 - 2290, DJI002292 -
`
`

`

`Exhibit
`No.
`
`Description and Relevance
`
`2342, DJI002346 - 2348, DJI002357, DJI002389 - 2436, DJI002439 - 2480,
`DJI002485 - 2530, DJI002534 - 2592, DJI002593 - 2645, DJI002646 - 2696,
`DJI002701 - 2731, DJI002739 - 2769, DJI002778 - 2824, DJI002826 - 3910,
`DJI004029 - 5664, DJI005683 - 5757
`
`
`
`Dated: September 1, 2022
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/ B. Brett Heavner /
`B. Brett Heavner
`Douglas A. Rettew
`Katie W. McKnight
`Yinfei Wu
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`901 New York Ave., N.W.
`Washington, DC 20001-4413
`Telephone: 202-408-4000
`
`docketing@finnegan.com
`brett.heavner@finnegan.com
`douglas.rettew@finnegan.com
`katie.mcknight@finnegan.com
`yinfei.wu@finnegan.com
`ttab-legal-assistants@finnegan.com
`
`Attorneys for Applicant/Counterclaim Petitioner
`DJI GmbH.
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and accurate copy of the foregoing OPPOSER’S NOTICE OF
`
`RELIANCE NO. 10 UNDER 37 CFR § 2.122(e) was served via electronic mail, on
`
`September 1, 2022 upon counsel for Opposer/Counterclaim Defendant at the following addresses
`
`of record:
`
`
`
`
`
`
`
`
`
`
`
`John McGlynn
`Christopher Blaszkowski
`RatnerPrestia
`2200 Renaissance Blvd., Suite 350
`King of Prussia, PA 19406
`
`
`
`tmde@ratnerprestia.com
`electronicservice@ratnerprestia.com
`jwmcglynn@ratnerprestia.com
`cblaszkowski@ratnerprestia.com
`kpoppel@ratnerprestia.com
`
`
` / Travis Smith /
`Trademark Legal Assistant
`
`
`
`
`
`
`
`
`

`

`DJI154
`DJI154
`
`

`

`Phantom Power Productions LLC - 87 | Facebook
`
`Ei Phantom Power Productions LLC
`
`Q
`
`baaagg
`
`bet]
`
`
`Our Story
`Audio! Visual Services, Mobile Staging and
`System Integration
`With over 30 years inthe event.and...
`See More
`
`Community
`tle
`66 peoplelike this
`Si
`8/7 people followthis
`
`See Al
`
`See All
`
` er Adio VisualE
` Senvice
`
`+4 832-387-3059
`
`Send Message
`
` win. phantomppwr biz
`See More
`
`
`
`{0 Page crealed - March 30, 2010
`Team Members
`
`@ Paul Aker
`
`Related Pages
`
`sid
`—
`
`Spirit and Life Kingdo...
`
`
`a Artworkby Diane Russo
`a Nondetioninatianal Chure
`3 To ThePointLaserEn...
`
`
`
`shh
`
`th Like
`
`wh ike
`oh Like
`
`+
`
`aii
`
`& = o
`
`1/4
`
`DJI001393
`
`
`
`Phantom Power
`Productions LLC
`@PhantomPowerUSA
`
`Home
`About
`
`Photos
`
`Productions LLU
`@PhantomPowerUsaA
`
`Home
`About
`
`Photos
`
`Productions LLC
`@PhantomPowarliSA
`
`Home
`About
`
`Photos
`
`
`
`Home
`About
`
`Photos
`
`Productions LLC
`@PhantomPowerUSA
`
`Home
`About
`
`Photos
`
`Productions LLU
`@PhantomPowerUSA
`
`Home
`About
`
`Photos
`
`Productions LLU
`@ hantomPowerUSA
`
`Home
`
`Photos
`Videos
`
`About
`Posts
`Community
`
`Services
`
`th Like
`
`S\ Follow & Share
`
`Appointment Availability
`
`Fri, Nov 76

`Consultants
`
`7:00AM
`|
`7:30 AM
`|
`|
`8:00 AM
`|
`6:30 AM
`8:00 AM
`|
`8:30AM
`|
`40:00 AM
`|
`10:30 AM
`
`
`41:00 AM
`|
`41:30 AM
`|
`42:00 PM
`|
`12:30 PM
`<
`
`See All
`
`See All
`
`
`
`Sena
`
`Posts
`
`Phantom Power Productions LLC
`January 28 @
`
`need
`
`Sa i
`
`https://www.facebook.com/PhantomPowerUSA/[11/14/2019 6:41:01 PM]
`P
`
`

`

`YouTube
`
`Ill GSoulube
`
`Search
`
`Q
`
`Subscriptions.
`
`Phantom Al
`77 subscribers
`
`
`
`HOME
`
`
`VIDEOS
`
`PLAYLISTS
`
`CHANNELS
`
`DISCUSSION
`
`ABOUT
`
`oO.
`
`>
`
`Uploads
`
`PB
`
`PLAY ALL
`
`
`
`
`"
`PhantomAl's
`eeeMetule oa]
`
`Phantom Al's Level 4
`AutonomousSolution
`7.2K views « 1 year ago
`
`Computer Vision Solution for
`each level of autonomous...
`716 views « 1 year ago
`
`Phantom Al's Level 2
`Autonomous Solution...
`1.6K views « 1 year ago
`
`Phantom Al's Level 2
`AutonomousSolution (Nigh...
`594 views « 1 year ago
`
`poy
`Library
`
`=
`Subectiptions
`
`i
`Library
`
`=
`
`Subscnptions
`
`en
`
`im
`ae
`
`a)
`History
`
`https://www.youtube.com/channel/UCpw8F HTBBUMOA8nY2dkT3Gw{[1 1/14/2019 9:54:36 PM]
`
`1/1
`
`DJ1001394
`
`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`

`Phantom Charters - Jacksonville, FL - Fishing Charters in Jacksonville, Florida
`
`DeyeB) US >
`
`> Fishing Chartersand Inps
`
`* Phantom Charters
`
`Jeck HeFL > Teves Lesure > Am: ant Services
`
`
`emia
`
`Phantom Charters
`
`Pe asa
`
`Report this ad
`
`
`
`Phantom Chasers isa privately hald company in Jacksonville, FL andisa Single
`Location business
`s showit was establishedin
`Categorized under Fishing Cl harters
`
`and Trips. Qur
`
`
`
`Oratod in
`1994 and inc
`nda.
`rent estimates shov
`
`
`
`us company has an annual
`
`revenue of 7300
`10 and employs.a staff of approximately1
`
`Featured Content
`
`=
`
`4
`
`Data Breach andIdentity Restoration—
`What To Do If lt Happens
`
`What is GroupLife Insurance and Why
`Bo You Need It?
`
` Do You Need Business Owners
`
`Insurance?
`
`fe=] Contact« iispourbusiness? ClaimThis Profile
`
`Phantom Charters
`Prone: (904) 268-2732
`
`Call Company
`
`
`
`Report this ad
`
`Name Henry Cord Skinner dr
`
`
`You May Also Like
`
`Fishing Party Supplies-Celebrating Online Since 1996
`Up Te 50%Off Bass Fishing Party Supplies Ships Same Day ‘Ships
`
`Free Cer $55.
`
`\, (04) 757-7550
` ae | @Websita Directions & (04) 57-7550 Pipe Gream Charters
`
`; @ www birthdaydirect comiishing-party
`
`
`} NorthFlorida Fishing Charters
`7
`ar, | Jacksonville, Fl
`SWebsis QOirectons © (904) 707-8328
`
`) Fishing With Jim
`Jacksonville, FL
`@ Website
`QODirections
`
`© add your company here
`
`Jim Hammond Fishing Charters
`Jacksonville, FL
`
`dina Beach, FL
`
`
`
`} @BWebsiie QMOvectons \ (04) 430-6013
`
`@ Directions sssnejours
`Phantom Charters
`12683 Cachel Drive
`Jacksonville, FL 32223
`
`
`Gel Direct
`
`https://www.manta.com/c/mm3wérk/phantom-charters[1 1/20/2019 5:57:36 PM]
`
` <n ie
`
`18
`
`DJI001415
`
`

`

`Phantom Charters - Jacksonville, FL - Fishing Charters in Jacksonville, Florida
`
`
` QO ViewMap
`
`@ Customer Reviews
`
`No fewiews
`
`Add Your Rawiew
`
`® Online Visibility sewtorsusiness owners
`The Full Report tor Phantom Charters is Now Available, Local online listings
`far Phantom Charters have.ERRORS
`
`60+
`
`Errors Found
`Unkook fr
`
`Missing info
`Linkark tr
`Business Credit
`View Busin
`Score
`
`-
`
` Sites Scanned
`
`%f Detailed Information
`peatsas)
`Best ears1g)
`Brig aisels)[cali
`Let
`
`pe 73000
`baer
`
`Sieteiy
`
`SIC Code
`
`7999, Amusement Services
`
`NAICS Code
`
`Pee BScmaeeemectesla)
`
`ad
`pe
`
`ae tae
`Fishing Charters
`
`and Trips in Jacksonville; FL
`and Tips
`
`ci Nearby
`US >
`Jacksonville, FL
`
`BROWSE BY CITY
`
`> Travelé-Lesure = Amusement Services > Fishin
`
`
`
`mers and Trips
`
`» Phantom Charters
`
`BROWSE BY CATEGORY
`
`tuleaan mesos sea Og
`
`
`tvcos LIFE
`Estimate Costsforyour nexthome improvementproject
`
`&e LeCelitesiiaireneae:fat|icelg
`
`orcarte
`
`SIMPLIFY YOURDIGITAL LIFE
`
`https://www.manta.com/c/mm3wé8rk/phantom-charters[1 1/20/2019 5:57:36 PM]
`
`2/3
`
`DJI001416
`
`

`

`Phantom Charters - Jacksonville, FL - Fishing Charters in Jacksonville, Florida
`
`
`
`https://Awww.manta.com/c/mm3w6&rk/phantom-charters[1 1/20/2019 5:57:36 PM]
`
`3/3
`
`DJI001417
`
`

`

`Rolls-Royce Motor Cars - Home
`
`
`
`Rolls-Royce Motor
`Cars @
`
`
`leonesquare
`Waterspeed Collection
`YouTube
`
`
`
`POs:
`
`Iconosquare
`Waterspeed Ca!
`YouTube
`Notes
`Events
`Vieos
`Livesiream
`
`Com
`
`Posts
`
`RallssReyce Motor Cars added 4 mew photas to the album:
`Rot
`«Bada
`
`
`Bolder in cole!
`
`Explore #Biac!
`
`
`Rolls-Royce Black Badge
`aS
`
`OO# 2%
`
`ogLike
`
`
`
`Share
`
`Rolls-Royce Motor Cars
`N
`per
`ida iiisam @
`in attraction
`Magnetic
` Explore 4
`
`yiekkhyVA
`
`
`
`https://www.facebook.com/rollsroycemotorcars[1 1/19/2019 4:40:16 PM]
`
`DJI001418
`
`
`
`
`Community
`this
`$576,882 people line
`Sete entre
`4,567 818 peapte follow.tnis
`
`See al
`
`See All
`
`
`
`vt Like
`
`About
`
` a
`
`Rolis-Royce Motor Ca...
`
`Rolls-Royce Motor Ca...
`
`wht Like
`
`|
`
`oe
`
`wh Like
`
`
`
`inebook ©.201
`
`Home
`te Like=S\ Follow=# Share
`About
`Posts
`Photos
`Iconosquare
`Proies
`
`

`

`11/18/2019
`
`WIKIPEDIA
`
`McDonnell FH Phantom - Wikipedia
`
`McDonnell FH Phantom
`
`ett nn nn nnn nnn nn Tn tT nnn nT nn Tn nn Tn nn Tn nnn nnn tT nnn nT tT nnn nnnnln nntnnnnenetelT:
`
`FH Phantom
`
`|
`
`The MeDonnell FH Phantom was a twiniet fi ‘ter aircraft
`
`ns
`sen
`designed andfirst flown during World WarII for the United States
`Navy. The Phantom wasthefirst purely jet-powered aircraft to
`land on an American aircraft carrier!2/[N 1] and the first jet
`deployed by the United States Marine Corps. Although with the
`end of the war, only 62 FH-is were built, it helped prove the
`viability of carrier-based jet
`fighters. As McDonnell's
`first
`successful fighter, leading to the development of the follow-on
`F2H Banshee, which was one of the two most important naval jet
`fighters of the Korean War, it would also establish McDonnell as
`an important supplier of navy aircraft.!4] When McDonnell chose
`to bring the nameback with the Mach 2—class McDonnell Douglas
`F-4 Phantom II,it launched what would become the mostversatile
`
`and widely used western combataircraft of the Vietnam Warera,
`
`adopted by the USAF and the US Navy, remaining in use with | Role
`various countries to the present day.t5)
`| Manufacturer
`The FH Phantom wasoriginally designated the FD Phantom, but
`First flight
`the designation was changedas the aircraft entered production.
`| introduction
`
`Carrier-basedfighter aircraft
`McDonnell Aircraft
`26 January 1945
`August 1947
`
`Contents
`Design and development
`Operational history
`Civilian use
`Variants
`
`Operators
`
`Aircraft on display
`
`Specifications (FH-1 Phantom)
`
`See also
`
`References
`Notes
`
`Citations
`
`Bibliography
`
`External links
`
`Design and development
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`1949 USN, USMC
`‘Retired
`July 19541] USNR
`|
`United States Navy
`| Primary users
`United States Marine Corps
`|
`62
`Numberbuilt
`| Developed into McDonnell F2H Banshee
`ee——EEEOOO
`
`1/8
`
`DJI001419
`
`

`

`11/18/2019
`
`McDonnell FH Phantom - Wikipedia
`
`In early 1943, aviation officials at the United States Navy were impressed with McDonnell's audacious XP-67 Bat project.
`McDonnell was invited by the navy to cooperate in the developmentof a shipboardjet fighter, using an engine from the
`turbojets under development by Westinghouse Electric Corporation. Three prototypes were ordered on 30 August 1943
`and the designation XFD-1!N 2] was assigned. Under the 1922 United States Navy aircraft designation system, the letter
`"D" before the dash designated the aircraft's manufacturer. The Douglas Aircraft Company had previously been assigned
`this letter, but the USN elected to reassign it to McDonnell because Douglas had not provided anyfighters for navy service
`in years,[61
`
`McDonnell engineers evaluated a number of engine combinations, varying from eight 9.5 in (24 cm) diameter engines
`down to two enginesof 19 inch (48 cm) diameter. Thefinal design used the two 19 in (48 cm) engines after it was found to
`be the lightest and simplest configuration.!7] The engines were buried in the wing root to keep intake and exhaust ducts
`short, offering greater aerodynamicefficiency than underwing nacelles,!®! and the engines were angledslightly outwards
`to protect the fuselage from the hot exhaustblast.!©] Placement of the engines in the middle of the airframe allowed the
`cockpit with its bubble-style canopy to be placed ahead of the wing, granting the pilot excellent visibility in all directions.
`This engine location also freed up space under the nose, allowing designers to use tricycle gear, thereby elevating the
`engine exhaust path and reducing the risk that the hot blast would damagetheaircraft carrier deck.!9] The construction
`methods and aerodynamic design of the Phantom were fairly conventional for the time; the aircraft had unswept wings, a
`conventional empennage, and an aluminum monocoquestructure with flush riveted aluminum skin. Folding wings were
`used to reduce the width of the aircraft in storage configuration. Provisions for four .50-caliber (12.7 mm) machine guns
`were madein the nose, while racks for eight 5 in (127 mm) High Velocity Aircraft Rockets could be fitted under the wings,
`although these were seldom used in service.!©] Adaptinga jet to carrier use was a muchgreater challenge than producing a
`land-based fighter because of slower landing and takeoff speeds required on a small carrier deck. The Phantom used split
`flaps on both the folding and fixed wing sections to enhance low-speed landing performance,"°! but no other high-lift
`devices were used. Provisions were also made for Rocket Assisted Take Off (RATO) bottles to improve takeoff
`performance.61
`
`
`
`A U.S.Navy FH-1 of VF-17A
`Phantom Fighters taxies to the
`catapult during carrier qualifications
`on the light aircraft carrier Saipan, in
`May 1948
`
`Whenthefirst XFD-1, serial number 48235, was completed in January 1945,
`only one Westinghouse 19XB-2B engine was available for installation. Ground
`runs and taxi tests were conducted with the single engine, and such was the
`confidence in the aircraft that the first flight on 26 January 1945 was made
`with only the one turbojet engine.!“JIN 3] During flight tests, the Phantom
`becamethefirst naval aircraft to exceed 500 mph (434 kn, 805 km/h)./] with
`successful completion of tests, a production contract was awarded on 7 March
`1945 for 100 FD-1 aircraft. With the end of the war, the Phantom production
`contract was reducedto 30 aircraft, but was soon increased back to 60.22!
`
`The first prototype waslost in a fatal crash on 1 November 1945,!"3! but the
`second and final Phantom prototype (serial number 48236) was completed
`early the next year and becamethefirst purely jet-powered aircraft to operate
`from an American aircraft carrier, completing four successful takeoffs and landings on 21 July 1946, from Franklin D.
`Roosevelt near Norfolk, Virginia."At the time, she was the largest carrier serving with the U.S. Navy, allowing theaircraft
`to take off withoutassistance from a catapult.42! The second prototype crashed on 26 August 1946.4]
`
`Production Phantoms incorporated a number of design improvements. These included provisions for a flush-fitting
`centerline drop tank, an improved gunsight, and the addition of speed brakes. Production models used Westinghouse J30-
`WE-20engines with 1,600 lbf (7.1 KN) of thrust per engine. The top of the vertical tail had a more square shape than the
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`2/8
`
`DJI001420
`
`

`

`11/18/2019
`
`McDonnell FH Phantom - Wikipedia
`
`rounder tail used on the prototypes, and a smaller rudder was used to resolve problems with control surface clearance
`discovered during test flights. The horizontal tail surfaces were shortened slightly, while the fuselage was stretched by
`19 in (48 em). The amountofframingin the windshield was reduced to enhancepilotvisibility.{6102]
`
`Halfway through the production run, the navy reassigned the designation letter "D" back to Douglas, with the Phantom
`being redesignated FH-1.'2] Including the two prototypes, a total of 62 Phantomswerefinally produced, with the last FH-
`1 rolling off the assembly line in May 1948.5]
`
`Realizing that the production of more powerful jet engines was imminent, McDonnell engineers proposed a more powerful
`variant of the Phantom while the original aircraft was still under development — a proposal that would lead to the design
`of the Phantom's replacement, the F2H Banshee. Although the new aircraft was originally envisioned as a modified
`Phantom, the need for heavier armament, greater internal fuel capacity, and other improvements eventually led to a
`substantially heavier and bulkier aircraft that shared few parts with its agile predecessor.!"®! Despite this, the two aircraft
`were similar enough that McDonnell was able to complete its first F2H-1 in August 1948, a mere three monthsafter the
`last FH-1 hadrolled off the assemblyline.!*71
`
`Operational history
`
`The first Phantoms were delivered to USN fighter squadron VF-17A (later
`redesignated VF-171)
`in August 1947;48]
`the squadron received a full
`complement of 24 aircraft on 29 May 1948. Beginning in November 1947,
`Phantoms were delivered to United States Marine Corps squadron VMF-122,
`makingit the first USMC combat squadronto deploy jets.28] VF-17A became
`the USN's first fully operational jet carrier squadron whenit deployed aboard
`USS Saipan on 5 May 1948.091IN 41
`
`flying. Three Phantoms used by the Naval Air Test Center were used by a
`unique demonstration team called the Gray Angels, whose membersconsisted
`entirely of naval aviators holding the rank of rear admiral (Daniel V. Gallery,
`Apollo Soucek and Edgar A. Cruise.)81[2°] The team's name was an obvious
`play on the nameof the recently formed U.S. Navy Blue Angels, who werestill
`flying propeller-powered Grumman F8FBearcats at the time. The "Grays" flew
`in various air shows during the summer of 1947, but the team was abruptly
`disbanded after their poorly timed arrival at a September air show in
`
`Tree FH-T Paantoms of VMPF-122
`in 1040
`
`The Phantom wasoneofthefirst jets used by the U.S. military for exhibition
`Cleveland, Ohio, nearly caused a head-on low-altitudecollision with a large
`
`formation of other aircraft; their Phantoms were turned over to test squadron
`Vx-3.{] The VMF-122 Phantomswere later used for air show demonstrations
`until they were taken out of service in 1949, with the team being known
`alternately as the Marine Phantomsorthe Flying Leathernecks.{11181
`
`U.S. Naval Air Reserve {front fo
`back} an PH-1 Phantom, an PSQ-4
`Corsair, and an SNJ Texan in 1907.
`
`The Phantom's service as a frontline fighter would be short-lived. Its limited
`range and light armament — notably, its inability to carry bombs — made it best suited for duty as a point-defence
`interceptor aircraft. However, its speed and rate of climb wereonlyslightly better than existing propeller-poweredfighters
`andfell short of other contemporary jets, such as the Lockheed P-80 Shooting Star, prompting concerns that the Phantom
`would be outmatched by future enemy jets it might soon face. Moreover, recent experience in World War II had
`demonstrated the value of naval fighters that could double as fighter-bombers, a capability the Phantom lacked. Finally,
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`3/8
`
`DJI001421
`
`

`

`11/18/2019
`
`McDonnell FH Phantom - Wikipedia
`
`the aircraft exhibited some design deficiencies — its navigational avionics were poor, it could not accommodate newly
`developed ejection seats,!"! and the location of the machine guns in the upper nosecaused pilots to be dazzled by muzzle
`flash.[61
`
`The F2H Banshee and Grumman FoF Panther, both of which began flight tests around the time of the Phantom's entry
`into service, better satisfied the navy's desire for a versatile, long-range, high-performance jet. Consequently, the FH-1 saw
`little weapons training, and was primarily used for carrier qualifications to transition pilots from propeller-powered
`fighters to jets in preparation for flying the Panther or Banshee. In June 1949, VF-171 (VF-17A) re-equipped with the
`Banshee, and their Phantoms were turned over to VF-172; this squadron, along with the NATC, VX-3, and VMF-122,
`turned over their Phantoms to the United States Naval Reserve by late 1949 after receiving F2H-1 Banshees. The FH-1
`would see training duty with the USNR until being replaced by the FoF Panther in July 1954; none ever saw combat,!1]
`having beenretired from frontline service prior to the outbreak of the Korean War.
`
`Civilian use
`
`In 1964, Progressive Aero, Incorporated of Fort Lauderdale, Florida purchased three surplus Phantoms,intending to use
`them to teach civilians howtoflyjets. A pair were stripped of military equipment and restored to flying condition, but the
`venture was unsuccessful, and the aircraft were soonretired once again.!21]
`
`Variants
`
`XFD-1
`
`Pa aircraft powered by 1,165 Ibf (5.18 kN) Westinghouse 19XB-2B engines (J-30). Two
`built.
`FH-1 (FD-1)
`Production version with 1,600 Ibf (7.1 KN) Westinghouse J30-WE-20 engines(originally
`designated FD-1). 60 built.!!
`
`Operators
`
`== United States
`
`» United States Navy
`
`» VX-3
`
`=» VF-171 (VF-17A)
`« VF-172
`
`» Naval Air Reserve
`
`» United States Marine Corps
`
`» VMF-122
`
`= VMF-311
`
`Aircraft on display
`
`FH-1
`
`« BuNo 111759 - National Air and Space Museum of the Smithsonian Institution in Washington, D.C., United States[22]
`This aircraft served with Marine Fighter Squadron 122 (VMF-122). It was retired in April 1954, with a total of 418 flight
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`4/8
`
`DJI001422
`
`

`

`11/18/2019
`
`McDonnell FH Phantom - Wikipedia
`
`hours. The aircraft was transferred to the Smithsonian by the U.S. Navy in
`1959[23]
`
`
`
`BuNo 111768 - Wings of Eagles Discovery Center in Horseheads, New
`York.!241it has had a busy post-retirementlife. Formerly a Progressive
`Aero aircraft c/n 456 (civil registration N4283A)it was placed on display at
`the Marine Corps Museum. Theaircraft was later transferred to the St.
`Louis Aviation Museum, and then the National Warplane Museum in
`Geneseo, New York. In 2006 the aircraft was movedits current
`location.!25! 5 Aug 2016 aircraft is on display in H3 of Pima Air & Space
`Museum, Tucson, Arizona.
`BuNo 111793 - National Naval Aviation Museum at NavalAir Station
`Pensacola, Florida.!25) This aircraft was accepted by the navy on 28
`February 1948.After flying for a brief time with Marine Fighter Squadron
`(VMF) 122,the first Marine jet squadron, at Marine CorpsAir Station
`Cherry Point, North Carolina, it was stricken from the naval inventory in
`1949. The museum acquiredtheaircraft from NationalJets, Inc., of Fort Lauderdale, Florida, in 1983.!231
`
`FH-1 Phantom on display in
`Washington, D.C.
`
`Specifications (FH-1 Phantom)
`Datafrom Naval Fighters #3 : McDonnell FH-1 Phantom,!2®! McDonnell Douglas Aircraft since 1920[27]
`
`General characteristics
`
`Crew: 1
`Length:37 ft 3 in (11.35 m)
`Wingspan: 40 ft 9 in (12.42 m)
`Width:16 ft 3 in (4.95 m) wings folded!®!
`Height: 14 ft 2 in (4.32 m)
`Height folded: 16 ft 10 in (5 m)
`Wing area: 273.74 sq ft (25.431 m?)
`Airfoil: root: NACA 66-218 a=.6;tip: NACA 66-215-414 a=.6l28l
`Empty weight: 6,683 |b (3,031 kg)
`Gross weight: 10,035 Ib (4,552 kg)
`Max takeoff weight: 12,035 |b (5,459 kg)
`Fuel capacity: 375 US gal (312 imp gal; 1,420 |) gasoline internal, with optional 295 US gal (246 imp gal; 1,120 |!)
`external belly tank.
`Powerplant: 2 x Westinghouse J30-WE-20 (or J30-P20) turbojet, 1,600 Ibf (7.1 kN) thrust each (Westinghouse 19
`XB-2B)
`Powerplant: 2 x Aerojet 14AS-1000 D5 JATO bottles, 1,000 Ibf (4.4 kN) thrust each for 14 seconds
`
`Performance
`
`Maximum speed: 505 mph (813 km/h, 439 kn) at 3\30,000 ft (9,100 m)
`Cruise speed: 248 mph (399 km/h, 216 kn)
`Landing speed: 80 mph (70 kn; 130 km/h)
`Range: 690 mi (1,110 km, 600 nmi)
`Ferry range: 1,400 mi (2,300 km, 1,200 nmi) with external belly tank.
`Service ceiling: 41,100 ft (12,500 m)
`Rate of climb: 4,230 ft/min (21.5 m/s)
`Wingloading: 36.4 Ib/sq ft (178 kg/m?)
`Thrust/weight: 0.32
`
`Armament
`
`Guns: 4 x .50 in (12.7 mm) machine guns
`Rockets: 8 x 5 in (127 mm) HighVelocity Aircraft Rockets!
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`5/8
`
`DJI001423
`
`

`

`11/18/2019
`
`See also
`
`Related development
`
`» McDonnell F2H Banshee
`
`McDonnell FH Phantom - Wikipedia
`
`Aircraft of comparable role, configuration and era
`
`a de Havilland Sea Vampire
`=» Hawker Sea Hawk
`
`# North American FJ-1 Fury
`» Supermarine Attacker
`» Vought F6U Pirate
`
`Related lists
`
`« List of fighter aircraft
`= List of military aircraft of the United States
`
`References
`
`Notes
`
`1. The first aircraft to lancl on an Armerican carrier uncer jet power was the unconventional composite pronellarjet Ryan
`FR Fireball, designed to uilize Hs piston engine curing takeoff and landing. On 6 November 1945, the piston engine
`ofan FR-1 failed on final aporoach: the oliot slarted the ist engine and lancied, thersby performing the first iet-
`cowered carer landing, albeit unintentionally&l
`2 he US. Navy hac earlier used ihe APD-4 designation for ihe protetyoe Douglas XFD biplane fehier, which did not
`enter produotion due ta changing Navy requirements.
`
`3. MoDonnell assistant Chief Enginear Rendall Perkins has stated thal this “iret Hight was no more than a “hon, and
`that the real first fight would wait unif a second engine was fitted a few days later!12]
`4, Squacran VF-5A, flying the North American FJ-1 Fury, had conducted the navy’s first all-iet airerafl carrier operations
`ai sea or 1G March 128 aboard Boxer, bul ihe entire squadron was not considered ooerational al ihe time.
`
`Citations
`
`1. Mills 1997, pp. 226-227.
`
`2. Angeluca and Bowers TOS? o. 286.
`
`<. "Firat Jet Landing". Naval Awaiion News, United States Navy, March 1948, 9. 6.
`4, USN F-4 Phantom il vs VPAF MiG-17/19: Vietnam 1965-73 (https://books.google.com/books7id=8jjd-pkdRROC&pg=
`PA10). Osprey Publishing.
`
`5. USAF McDonnell Douglas F-4 Phantom |i Penguin Random House Books (hitp:/Avww.penguinrandomhouse.com/boo
`ks/221514/usaf-mcdonnell-douglas-f-4-phantom-ii-by-peter-davies/)
`
`6. Maske 2002, 9. 7.
`
`?. Air infernational November 1987, 9. 233.
`
`8. Air infernational November TO8?, 9. 254.
`
`Q, Mesko 2002, 9. 5.
`
`10. Air international Navember TSS), pp. 254-235.
`
`VE Franciion T2979, 9. 382.
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`6/8
`
`DJI001424
`
`

`

`11/18/2019
`
`McDonnell FH Phantom - Wikipedia
`
`Te
`
`2.
`
`Ta
`
`1S
`
`18
`
`VP.
`
`18
`
`1g.
`
`20
`
`A international November 1987, 5. 258.
`
`Angeluce anc Bowers 1987, pp. 207-288.
`
`Accident description (https://aviation-safety.net/database/record.php?7id=82095) at the Aviation Safety Network
`
`Weoner 1982, 6. S08.
`
`Mesko 20028, 9. 10,
`
`Waoner 1982, p. S04.
`
`A ivfernational November 1987, 9. 2598.
`
`Grosenick 1907, 9. 171.
`
`Goebel, Grea. "The FH-1 Phantom." (hitp:/Awww.veciorsite.net/avbansh.htmi#m1) Archived (hitps://Aweb.archive.org/w
`eb/20110514001132/hitp://www.vectorsite.net/avbansh. htmi#m1) May 14, 2077, at tee Wayback Machine The
`AdeQoanal FA-7T Phantom & F2h Ganshee, 1 November 2010. Retrieved: 10 May 2077.
`
`2t. Meskea, 2002 p. 8.
`
`e<. "FH-1 Phantom/111759." (http://airandspace.si.edu/collections/artifact.cim?7id=A19600130000) NASA’. Retrieved: 28
`October 2012.
`
`2c. Hamilton, Hayden. “The McDonell FH-1 Phantom: the Forgotlen Prantom". AANS Journal, Vol. 55, No. 2, Summer
`201g.
`
`#4, "FH-1 Phantom/111768." (https://archive.is/20130209075838/nhttp:/Avww.wingsofeagles.com/?page_id=550) Kings of
`Eagles [Discovery Canter. Retrieved: 29 October 2012.
`
`25. "FH-1 Phantom/111793." (http:/Avww.navalaviationmuseum.org/attractions/aircraft-exhibits/item/?item=fh-1_phantom)
`National Museauof Naval Aviator. Retrieved: 19 January 2018.
`
`26. Ginter, Steve (1881). Naval Mghtars #3: We Qonned M-1 Phantom. Simi Valley CA: Steve Ginter,
`
`2, Franciian 1979, 6. 383.
`
`28. Lecinicer, Davic. "The Incomplete Guide to Airfoil Usage” (https://m-selig.ae. illinois.edu/ads/aircraft.html). =-
`selig.ae.dinois.edu. Retrieved 16 April 2019.
`
`Bibliography
`&
`
`Angeluect, Eres and Peter M. Bowers. The American Fighter. Sparkiord, Somerset, UK: Maynes Publishing Group,
`+987. ISBN 0-85429-635-2.
`
`rrancition, Rene J. cDonney! Qoucias Aircral since 182G. Landon: Putnam & Company, Lic, 1979. ISBN 0-370-
`00050-1.
`
`Grean, Willam. Wer lanes of fhe Second Word Vier Volume Sour Fighters. London: MacDonald & Co. (Publishers)
`Lid, 1864 (sixth impression 1968). [SBN 0-356-01448-7.
`
`Green, Willem and Gordon Swanborough. WS Aircraft Fact Piles: US Nevy and Marine Corps Fighters. Londor:
`Macdonaid and Jane's, 1876. [SBN 0-356-08222-9.
`
`Grogerick, Roy A. "Part 6: Postwar Years: 1946-1949"(http://webarchive.loc.gov/all/20 110507140321 /http%3A/ww
`w%2Ehistory%2Enavy%2Emil/avhn%2D1910/PARTO6%2EPDF). Urvied Sietes Naval Aviation 1970-71898.
`Wrashingion, D0. Naval Nistorinal Center, 1987. ISBN 0-945274-34-3.
`
`Namilion, Hayden. “The McDonnell FH-1 Phantom: the Fargotien Phantom”. AAS Journal, Vol 85, No. 2, Summer
`aug.
`
`Maske, Jim. FM PhaniorvFeh Banshee oy action. Garroiion, Texas: Squacdron/Signal Publications, inc., 2008.
`ISBN 0-89747-444-9.
`
`Mis, Carl. Banshees in the Sovel Canadian Nevy. Willowdaie, Ontario, Canada: Banshee Publication, 1997. ISBN 0-
`9695200-0-X.
`
`“Nir Mac's First Phantorn The Story of the MeDonnell FH-1". Air International Vol. 33, No. 8, Novernber 1887,
`op. 291-235, 288-260. Bromiey, UK: Fine Sorall. ISSN 0306-5634 (https:/Avww.worldcat.org/search?fq=x0:jml&g=n2:
`0306-5634).
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`7/8
`
`DJI001425
`
`

`

`11/18/2019
`
`McDonnell FH Phantom - Wikipedia
`
`s Waoner, Ray. Anierican Carnbat Planes. New York: Doubleday, third edition, 1982. ISBN 0-385-13120-8.
`
`External links
`
`» "Phantom Development" (http:/Avww.flightglobal.com/pdfarchive/view/1947/1947%20-%200524. html) a 1947 Flight
`articie by John W. R. Taylor
`
`Retrieved from "hitps://en.wikipedia.org/w/index. php?title=McDonnell_FH_Phantomé&oldid=914257995"
`
`
`
`https://en.wikipedia.org/wiki/McDonnell_FH_Phantom
`
`8/8
`
`DJI001426
`
`

`

`11/18/2019
`
`Phantom T5 ROV deep sea drone makesits debut
`
`oe NS
`=@a (https://www.iims.org.uk/)
`
`Phantom T5 ROV deep sea drone makesits debut
`
`Posted on February 5, 2016 (https://Awww.iims.org.uk/phantom-t5-rov-deep-sea-drone-makes-its-debut/) by News Hound
`(https://www.iims.org.uk/author/newshound/)
`
`Deep Ocean Engineering,Inc., based in the USA
`has revealed its newest addition to its family of
`underwater drones, the Phantom T5 ROV.
`
`The applications for use of the Phantom T5 span
`a broad spectrum ofindustries, but include port
`security, vessel inspection, salvage and SAR.
`
`
`
`“The Phantom T5 open-framearchitecture makes
`mechanical integrations a breeze, while the
`dedicated expansion bulkhead connectors, used
`for both power and telemetry, are provided as
`standard. In addition, an optional too! skid allows
`the customerto ‘bolt on’ their sensors or tools by
`plugging into the expansion bulkhead connectors
`for nearlylimitless, task-specific, expansion
`possibilities” said John Bergman, Deep Ocean
`Engineering, Vice President of Engineering.
`Ben Kinnaman,President and CEO of Greensea
`Systems,Inc., appreciates what a great match the
`powerful T5 is with Greensea’s advanced
`controls. He said, “The (Deep Ocean Engineering) engineers are top-tier, and we are happy to work with

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

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

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket