Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA932146
`10/31/2018
`
`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
`
`HOME BOX OFFICE, INC.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`11/04/2018
`
`1100 AVENUE OF THE AMERICAS
`NEW YORK, NY 10036
`UNITED STATES
`
`TAMARA CARMICHAEL
`OLSHAN FROME WOLOSKY LLP
`1325 AVENUE OF THE AMERICAS
`NEW YORK, NY 10019
`UNITED STATES
`tcarmichael@olshanlaw.com, aprovencio@olshanlaw.com
`212-451-2300
`
`Applicant Information
`
`Application No
`
`87056954
`
`Publication date
`
`05/08/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`10/31/2018
`
`Collins, Francis
`9 Smiling Fish Lane
`Palm Coast, FL 32137
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`11/04/2018
`
`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: T-shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`I DRINK AND I KNOW THINGS
`
`t-shirts
`
`
`ESTTA932146
`10/31/2018
`
`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
`
`HOME BOX OFFICE, INC.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`11/04/2018
`
`1100 AVENUE OF THE AMERICAS
`NEW YORK, NY 10036
`UNITED STATES
`
`TAMARA CARMICHAEL
`OLSHAN FROME WOLOSKY LLP
`1325 AVENUE OF THE AMERICAS
`NEW YORK, NY 10019
`UNITED STATES
`tcarmichael@olshanlaw.com, aprovencio@olshanlaw.com
`212-451-2300
`
`Applicant Information
`
`Application No
`
`87056954
`
`Publication date
`
`05/08/2018
`
`Opposition Filing
`Date
`
`Applicant
`
`10/31/2018
`
`Collins, Francis
`9 Smiling Fish Lane
`Palm Coast, FL 32137
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`11/04/2018
`
`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: T-shirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`I DRINK AND I KNOW THINGS
`
`t-shirts
`
`
`
`Attachments
`
`Notice of Opposition - 87056954 THATS WHAT I DO I DRINK AND I KNOW
`THINGS.pdf(411135 bytes )
`
`Signature
`
`/TAMARA CARMICHAEL/
`
`Name
`
`Date
`
`TAMARA CARMICHAEL
`
`10/31/2018
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Application Serial No. 87056954: "THAT'S WHAT I DO...I DRINK.. AND I KNOW THINGS"
`Published in the Official Gazette of May 8, 2018
`
`Home Box Office, Inc.,
`
`Opposer,
`
`v.
`
`Collins, Francis,
`
`
`
`
`Applicant.
`
`Opposition No. ________
`
`)
`)
`)
`)
`)
`)
`)
`
`NOTICE OF OPPOSITION
`
`
`
`
`Home Box Office, Inc. (“Opposer”), a Delaware corporation, located and doing business
`
`at 1100 Avenue of the Americas, New York, New York 10036, believes it will be damaged by
`
`the registration of the trademark "THAT'S WHAT I DO...I DRINK.. AND I KNOW THINGS" in
`
`International Class 025 for “T-shirts” in Application Serial No. 87056954 (the “Application”),
`
`owned by Francis Collins (“Applicant”), and hereby opposes the same.
`
`As grounds for this opposition, Opposer alleges:
`
`1.
`
`Opposer operates well-known and widely distributed premium television channels
`
`and is the producer of the renowned, critically acclaimed, and award-winning television series
`
`Game of Thrones, which first aired April 2011.
`
`2.
`
`Since long prior to the filing of Applicant’s Application, Opposer has produced,
`
`marketed, and distributed the Game of Thrones television series and related merchandise as
`
`well as and its marks, logos, designs, and characters. The Game of Thrones television series is
`
`the most popular series in the history of Opposer’s network and has seen its ratings and
`
`popularity rise with each passing season.
`
`3.
`
`The popularity of Opposer’s Game of Thrones series and its place in the cultural
`
`
`4572251-1
`
`1
`
`
`
`
`
`zeitgeist has been acknowledged by countless media articles. For example, Time Magazine, in
`
`its July 10, 2017 cover story, called Game of Thrones “the world’s most popular show.”
`
`4.
`
`This popularity has translated into numerous awards for the series. For example,
`
`Game of Thrones set the record for the most Primetime Emmy wins for a series in a single
`
`season (12) and the most wins for a scripted primetime television series ever (47, to date). The
`
`series has been nominated for the Emmy Award for Outstanding Drama Series for each season
`
`that has aired, winning the award in 2015, 2016, and 2018.
`
`5.
`
`The Game of Thrones characters have also become notable cultural figures. One
`
`such character is Tyrion Lannister, who is one of the primary character in the series. On April 11,
`
`2016, Opposer released the official trailer for the sixth season of Game of Thrones. In the trailer,
`
`Tyrion Lannister says “That's what I do. I drink, and I know things.” The episode containing the
`
`scene, episode 2 of season 6, aired on May 1, 2016. Subsequently, Opposer offered a t-shirt for
`
`sale using the quote “I DRINK AND I KNOW THINGS”, which was first made available on May 4,
`
`2016 and remains available for purchase on the HBO Shop online store. Both the air date of the
`
`episode as well as the date Opposer’s shirt was first offered for sale predate the Application.
`
`6.
`
`This quote has acquired significant notoriety and distinctiveness since the episode
`
`aired. Due to the widespread popularity of the Game of Thrones television series, Opposer is
`
`identified exclusively and uniquely as the source of the quote “That's what I do. I drink, and I
`
`know things.” including but not limited to the character Tyrion Lannister and any and all
`
`merchandise to which “That's what I do. I drink, and I know things.” is applied.
`
`7.
`
`Applicant’s Application for, proposed use, and/or actual use of "THAT'S WHAT I
`
`DO...I DRINK.. AND I KNOW THINGS" for “T-shirts” (“Applicant’s Goods”) is without Opposer’s
`
`consent or permission.
`
`
`4572251-1
`
`2
`
`
`
`
`
`8.
`
`9.
`
`COUNT I – LIKELIHOOD OF CONFUSION
`
`Opposer realleges the allegations of Paragraphs 1 through 7.
`
`Applicant’s proposed use and/or actual use of "THAT'S WHAT I DO...I DRINK..
`
`AND I KNOW THINGS" in connection with Applicant’s Goods is likely to cause confusion,
`
`mistake, or deception in that consumers are likely to believe that Applicant’s Goods are
`
`Opposer’s Goods, or the goods of a person or company that is sponsored, authorized or licensed
`
`by, or in some other way legitimately connected with, Opposer.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained and that
`
`Application Serial No. 87056954 be denied registration.
`
`Please debit our Deposit Account No. 504261 for the filing fee and for any additional
`
`necessary fees.
`
`Please address all correspondence to: Tamara F. Carmichael, Esq., OLSHAN FROME
`
`WOLOSKY LLP, 1325 Avenue of the Americas, New York, New York 10019.
`
`
`
`
`
`OLSHAN FROME WOLOSKY LLP
`
`/s/ Tamara Carmichael
`Tamara Carmichael
`1325 Avenue of the Americas
`New York, New York 10019
`Tel: 212-451-2300
`Email: tcarmichael @olshanlaw.com,
`aprovencio@olshanlaw.com
`
`Attorneys for Opposer, Home Box Office, Inc.
`
`
`
`
`Date: October 31, 2018
`
`
`
`
`
`
`4572251-1
`
`3
`
`
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