Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA894965
`05/07/2018
`
`ESTTA Tracking number:
`
`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
`
`Attorney informa-
`tion
`
`Get Weird, LLC
`
`05/05/2018
`
`7162 Beverly Blvd., #348
`Los Angeles, CA 90036
`UNITED STATES
`
`John R. Sommer
`John R. Sommer, Attorney-at-Law
`17426 Daimler Street
`Irvine, CA 92614
`UNITED STATES
`Email: sommer@stussy.com
`Phone: 9497525344
`
`Applicant Information
`
`Application No
`
`87426559
`
`Publication date
`
`03/06/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`05/07/2018
`
`The Antisocialites
`APT 203
`14951 Royal Oaks LN
`North Miami, FL 33181
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`05/05/2018
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Hats; Jackets; Shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`Deceptiveness
`
`Trademark Act Section 2(a)
`
`Mark Cited by Opposer as Basis for Opposition
`
`
`ESTTA894965
`05/07/2018
`
`ESTTA Tracking number:
`
`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
`
`Attorney informa-
`tion
`
`Get Weird, LLC
`
`05/05/2018
`
`7162 Beverly Blvd., #348
`Los Angeles, CA 90036
`UNITED STATES
`
`John R. Sommer
`John R. Sommer, Attorney-at-Law
`17426 Daimler Street
`Irvine, CA 92614
`UNITED STATES
`Email: sommer@stussy.com
`Phone: 9497525344
`
`Applicant Information
`
`Application No
`
`87426559
`
`Publication date
`
`03/06/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`05/07/2018
`
`The Antisocialites
`APT 203
`14951 Royal Oaks LN
`North Miami, FL 33181
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`05/05/2018
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Hats; Jackets; Shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`Deceptiveness
`
`Trademark Act Section 2(a)
`
`Mark Cited by Opposer as Basis for Opposition
`
`
`
`U.S. Registration
`No.
`
`5046740
`
`Registration Date
`
`09/20/2016
`
`Application Date
`
`07/28/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`ANTI SOCIAL SOCIAL CLUB
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2015/01/01 First Use In Commerce: 2015/01/01
`Baseball caps and hats; Short-sleeved or long-sleeved t-shirts; Hooded sweat-
`shirts
`
`Attachments
`
`86707078#TMSN.png( bytes )
`Antisocialites opp.pdf(159335 bytes )
`
`Signature
`
`/John R. Sommer/
`
`Name
`
`Date
`
`John R. Sommer
`
`05/07/2018
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 87/426559
`Published for Opposition in the OFFICIAL GAZETTE of March 6, 2018
`
`
`
`GET WEIRD, LLC,
`
`Opposer,
`
`Opposition No.:
`
`v.
`
`.
`
`THE ANTISOCIALITES LLC,
`
`Applicant.
`
`
`NOTICE OF OPPOSITION
`
`Get Weird, LLC (“Opposer”), a California limited liability company having its principal
`
`place of business at 7162 Beverly Blvd, #348, Los Angeles, CA 90036, believes it will be
`
`damaged by registration of the mark shown in Serial No. 87/426559 in International Class 25,
`
`filed by The Antisocialites LLC (“Applicant”), a Florida limited liability company having its
`
`principal place of business at 14951 Royal Oaks Lane, #203, North Miami, FL 33181, and
`
`hereby opposes the same.
`
`As grounds for this Opposition, it is alleged:
`
`1.
`
`On or about April 26, 2017, Applicant filed an intent to use application with the
`
`United States Patent and Trademark Office to register the mark THE ANTISOCIALITES
`
`(hereinafter “Applicant’s Mark”) for “Hats; Jackets; Shirts” in International Class 25. The
`
`application for Applicant’s Mark was published in the Official Gazette on March 6, 2018. The
`
`opposition is timely because Opposer requested, and was granted a thirty day extension of time
`
`to oppose Applicant’s Mark.
`
`
`
`2.
`
`Since at least as early as 2015, Opposer has been using ANTI SOCIAL SOCIAL
`
`CLUB (hereinafter “Opposer’s Mark”) on the goods and services as listed on the registration
`
`listed below:
`
`
`ANTI SOCIAL SOCIAL CLUB
`
`
`Class
`Reg. No.
`Reg. Date
`Goods (partial list)
`
`25
`
`5,046,740
`
`09/20/16
`
`Clothing, caps, hats
`
`3.
`
`Specifically, Opposer is the owner of US. Registration listed above.
`
`4.
`
`There is no issue as to priority. Applicant’s priority date for his intent-to-use
`
`application is the filing date, April 26, 2017. Opposer’s priority date for the registration is:
`
`Class 25: first use at least as early as January 1, 2015;
`
`5.
`
`Since prior to Applicant’s filing of the application for Applicant’s Mark (no use
`
`of Applicant’s Mark having been alleged by Applicant so Applicant’s priority date is the filing
`
`date), Opposer has made substantial and continuous use of the ANTI SOCIAL SOCIAL CLUB
`
`mark in interstate, foreign, and intrastate commerce on and in connection With the advertising,
`
`promotion, and sale of its goods, since as early as 2015.
`
`6.
`
`By virtue of the aforesaid advertising, promotion, and sales, and by Virtue of the
`
`excellence of its products, Opposer’s Mark has come to represent exceedingly valuable goodwill
`
`owned by Opposer.
`
`7.
`
`The goods on which Opposer uses its ANTI SOCIAL SOCIAL CLUB mark and
`
`the goods for which Applicant seeks to register Applicant’s Mark are identical (hats and shirts).
`
`As to Opposer’s other goods, including sweatshirts, Applicant’s goods are closely related.
`
`
`
`Opposer’s goods and Applicant’s goods are sold through the same channels of trade and to the
`
`same class of purchasers.
`
`8.
`
`Opposer’s ANTI SOCIAL SOCIAL CLUB Mark and Applicant’s THE
`
`ANTISOCIALITES Mark are confusingly and substantially similar.
`
`9.
`
`Use by Applicant of Applicant’s Mark will be likely to cause confusion, mistake,
`
`or deception with Opposer’s Mark, and result in the belief that Applicant or Applicant’s goods
`
`are in some way legitimately connected with, sponsored by, or approved by Opposer, resulting in
`
`damage and injury to Opposer. Persons familiar with Opposer’s Mark would be likely to buy
`
`Applicant’s goods as and for a product made and sold by Opposer. Any such confusion in trade
`
`inevitably would result in loss of sales to Opposer. Furthermore, any defect, objection, or fault
`
`found with Applicant’s products marketed under Applicant’s Mark would necessarily reflect
`
`upon and seriously injure the reputation that Opposer has established for its products
`
`merchandised under Opposer’s Mark.
`
`10.
`
`Applicant’s Mark, if registered, will be deceptive, in Violation of Section 2(a).
`
`11.
`
`Applicant’s Mark, if registered, will falsely suggest a connection between
`
`Applicant and Opposer and their respective goods, in Violation of Section 2(a).
`
`12.
`
`Applicant’s Mark, if registered, will so resemble Opposer’s Mark registered on
`
`the Principal Register of the US. Patent & Trademark Office, and Opposer’s Mark in used in the
`
`United States and not abandoned, as to be likely, when used on or in connection with the goods
`
`of the Applicant, as to cause confusion, mistake or to deceive, in violation of Section 2(d).
`
`
`
`13.
`
`Applicant’s Mark, if registered, Will dilute the distinctiveness of Opposer’s Mark
`
`in Violation of Section 43(0).
`
`14.
`
`Any use Applicant has made or may make of Applicant’s Mark, is and will be
`
`Without Opposer’s consent or permission.
`
`WHEREFORE, registration by Applicant of the aforesaid Applicant’s Mark for the
`
`aforesaid goods Will be damaging to Opposer, and Opposer therefore requests that the
`
`Opposition be sustained.
`
`
`
`John R. Sommer
`
`John R. Sommer, Attorney-at-Law
`17426 Daimler Street
`
`Irvine, California 92614
`(949) 752—5344
`Fax: (949) 752-5439
`SOMMER@STUSSY.COM
`
`Attorneys for Opposer
`Get Weird, LLC
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on the date of execution of this certificate, a true copy of the
`
`foregoing OPPOSITION was served by depositing same in the mail, first class postage prepaid,
`
`addressed to:
`
`THE ANTISOCIALITES
`
`14951 ROYAL OAKS LN
`
`APT 203
`
`NORTH MIAMI, FLORIDA UNITED STATES 33181
`
`Courtesy copies by email to:
`
`info@the—anti
`'
`
`Dated: May 7, 2018
`
`ialites.com
`
`
`
`
`John R. Sommer
`
`
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