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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`November 1, 2018
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`Opposition No. 91243771
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`Home Box Office, Inc.
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`v.
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`
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`Michael Webster, Interlocutory Attorney:
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`Baller, Inc.
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`On October 16, 2018, Opposer filed the parties’ stipulated proposed amendment
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`to application Serial No. 87657607, and Opposer's withdrawal, without prejudice, of
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`the opposition, contingent upon entry of the amendment.
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`By the proposed amendment, Applicant seeks to amend the identification of goods
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`in International Classes 9, 38, 41 and 42 as follows:1
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`International Class 9
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`Computer hardware and computer software programs for communication and
`video recording, transmission of video, playback of video; software for
`streaming audiovisual and multimedia content via the internet and global
`communications networks; software for streaming audiovisual and multimedia
`content to mobile digital electronic devices; software for searching, organizing,
`and recommending multimedia content; software development tools for
`creating software and mobile applications; computer software for creating and
`providing user access to searchable databases of information and data;
`computer software for wireless content delivery; computer software for
`purchasing, accessing, and viewing content related to sports; computer
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`1 Wording in bold indicates proposed language to be added to the identification. Language
`proposed to be deleted has been removed.
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`Opposition No. 91243771
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`software featuring sports activities; mobile applications for accessing and
`streaming audiovisual and multimedia content via the internet and global
`communications networks; downloadable software for viewing live sporting
`events on mobile telephones, tablets and personal computers; software
`allowing users to upload, post, broadcast, show and display video and audio
`programming; software for content management, namely, management of
`video, audio, text and graphic files; software for data analysis, namely, analysis
`of the frequency and duration of views of online video broadcasts, and the
`location and viewing characteristics of viewers, all of the foregoing in
`relation to the streaming of sporting events and other non-fictional
`sports programming.
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`International Class 38
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`Streaming of audiovisual and multimedia content via the Internet;
`transmission and delivery of audiovisual and multimedia content via the
`Internet; video-on-demand transmission services; Live broadcasting services;
`broadcasting services, namely, transmission of voice, audio, visual images and
`data via digital communications networks; electronic transmission and
`streaming of digital media content for others via global and local computer
`networks; electronic and digital transmission of audio, video, data, images,
`signals, and messages via the Internet, electronic communications networks,
`computer networks and wireless communications networks all of the
`foregoing in relation to the streaming of sporting events and other
`non-fictional sports programming.
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`International Class 41
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`Entertainment services in the nature of ongoing television programs and
`interactive television programs in the field of live sports; entertainment
`services, namely, providing a website featuring non-downloadable video clips,
`film clips and other multimedia materials all featuring live games or sports;
`providing information in the field of entertainment in the nature of pre-game
`and post-game recaps and analysis, line-up introductions, press conferences,
`venue announcements, interviews and discussions regarding a particular
`athlete, sports or historical documentaries; entertainment information
`regarding athlete drafts and draft picks, and video highlights, previews and
`analysis, all of the foregoing in relation to sports games and news, non-
`fictional film via television, the Internet, electronic communications networks,
`computer networks and wireless communications network; providing
`automated filming of sports games.
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`2
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`Opposition No. 91243771
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`International Class 42
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`Providing temporary use of non-downloadable software for streaming
`audiovisual and multimedia content via
`the
`internet and global
`communications networks; providing temporary use of non-downloadable
`software for streaming audiovisual and multimedia content to mobile digital
`electronic devices; providing temporary use of non-downloadable software for
`searching, organizing, and recommending multimedia content; providing
`temporary use of non-downloadable software for creating and providing user
`access to searchable databases of information and data; providing temporary
`use of non-downloadable software for wireless content delivery; providing
`temporary use of non-downloadable software for purchasing, accessing, and
`viewing content related to sports; providing temporary use of non-
`downloadable software featuring sports activities; providing temporary use of
`non-downloadable software for accessing and streaming audiovisual and
`multimedia content via the internet and global communications networks;
`providing temporary use of non-downloadable software for viewing live
`sporting events on mobile telephones, tablets and personal computers;
`providing temporary use of non-downloadable software allowing users to
`upload, post, broadcast, show and display video and audio programming;
`providing temporary use of non-downloadable software
`for content
`management, namely, management of video, audio, text and graphic files;
`providing temporary use of non-downloadable software for data analysis,
`namely, analysis of the frequency and duration of views of online video
`broadcasts, and the location and viewing characteristics of viewers; technical
`support services, namely, troubleshooting of video and audio Internet
`broadcasting software system problems for users; hosting a community website
`featuring live streaming, video, audio, articles, and statistics in the field of
`sports, all of the foregoing in relation to the streaming of sporting
`events and other non-fictional sports programming.
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`
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`The amendment is limiting in nature, as required by Trademark Rule 2.71(a).
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`Because Opposer consents thereto, the amendment is approved and entered. See
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`Trademark Rule 2.133(a).
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`The contingency in Opposer's withdrawal having now been met, the opposition is
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`dismissed without prejudice.
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`3
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