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`ESTTA1135840
`05/24/2021
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`ESTTA Tracking number:
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`Filing date:
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`Proceeding
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91250389
`
`Plaintiff
`Align Technology, Inc.
`
`STEVEN P HOLLMAN
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`2099 PENNSYLVANIA AVENUE NW , SUITE 100
`WASHINGTON, DC 20006-6801
`UNITED STATES
`Primary Email: svtmdocketing@sheppardmullin.com
`Secondary Email(s): cbush@sheppardmullin.com, hmil-
`stein@sheppardmullin.com, shollman@sheppardmullin.com
`202-747-1941
`
`Testimony For Plaintiff
`
`Steven P. Hollman
`
`shollman@sheppardmullin.com
`
`/Steven P. Hollman/
`
`05/24/2021
`
`Shannon Henderson Testimonial Declaration.pdf(736569 bytes )
`Ex_C_Henderson ALIGN0015255_Part7.pdf(6166146 bytes )
`Ex_C_Henderson ALIGN0015255_Part8.pdf(5910820 bytes )
`Ex_C_Henderson ALIGN0015255_Part9.pdf(6167170 bytes )
`Ex_C_Henderson ALIGN0015255_Part10.pdf(3065084 bytes )
`Ex_D_Henderson ALIGN0015453_Part1.pdf(5646487 bytes )
`Ex_D_Henderson ALIGN0015453_Part2.pdf(5582388 bytes )
`Ex_D_Henderson ALIGN0015453_Part3.pdf(5735182 bytes )
`Ex_D_Henderson ALIGN0015453_Part4.pdf(5700129 bytes )
`Ex_D_Henderson ALIGN0015453_Part5.pdf(5880204 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`ALIGN TECHNOLOGY, INC.,
`
`Opposition No. 91250389
`
`Opposer,
`
`v.
`
`Serial No. 88150597
`Mark: ANGELALIGN & Chinese Characters
`Filed: October 10, 2018
`Published: April 23, 2019
`
`WUXI EA MEDICAL INSTRUMENTS
`TECHNOLOGIES LIMITED,
`
`Applicant.
`
`Serial No.: 88150578
`Mark: ANGELALIGN
`Filed: October 10, 2018
`Published: April 23, 2019
`
`Declaration Previously Filed -
`Additional Exhibits Attached
`
`TRIAL TESTIMONIAL DECLARATION OF SHANNON MANGUM HENDERSON
`IN SUPPORT OF OPPOSER’S TRIAL TESTIMONY
`
`I, Shannon Mangum Henderson, hereby declare and state the following:
`
`Introduction
`
`1.
`
`I am the Founder and President of Ethos Communication, Inc (“Ethos”). I have served as
`
`a corporate communications and public relations consultant for Align Technology, Inc. (“Align” ) since
`
`2000. Over the past 20+ years through my work with Align, I have been involved in, and I have personal
`
`knowledge regarding the use and promotion of trade channels, sales outlets and customers of, and the
`
`goods and services offered in connection with, the ALIGN® and INVISALIGN® trademarks. I also have
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`been involved in, and I have personal knowledge regarding, brand awareness and campaigns and
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`strategies for the company’s family of ALIGN-formative marks, including knowledge of the distinctive
`
`and source identifying nature of the ALIGN® and INVISALIGN® marks; the reach and popularity of the
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`products and services offered by Align and how the resulting brand strength has contributed to the source
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`identifying nature of the ALIGN® and INVISALIGN® marks; recognition of the ALIGN® and
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`INVISALIGN® marks by professional dentists and orthodontists and members of the consuming public;
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`and fame of the marks.
`
`2.
`
`I received a Bachelor of Science degree in Speech Communication from Emerson
`
`College in 1994. I received a Master’s degree in Political Communication from Emerson College in 1995.
`-1-
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`

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`I started my career at Goldman Communications, a political consulting firm in Boston, in 1995, followed
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`by public relations firm DeeDee Chereton & Associates, also in Boston, in 1995. In 1996, I moved to
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`Atlanta, Georgia and started working for a technology and public relations marketing firm, Burger
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`Online. By 2000, I was the firm’s General Manager.
`
`3.
`
`I founded Ethos in 2000. Ethos is a full service corporate communication consulting firm.
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`I am the sole member and employee of Ethos. I help companies communicate the right messages, to the
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`right audiences, in the most persuasive manner possible. I combine communication theory with practical
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`experience gained in the technology, medical device, consumer products and social marketing arenas. In
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`my practice, I work closely with a company’s executives, customers, key employees or funders to develop
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`and map communication strategies to business objectives and build positive brand awareness among
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`multiple audiences. As a communications consultant, I provide clients with strategic advice, messaging
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`and storytelling, project management and content development for media relations, customer outreach,
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`and investor relations.
`
`4.
`
`I first became involved with Align’s marketing and branding program in Q4 2000, shortly
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`after the company had started commercial sales. At the time, Align had hired Fenton Communications as
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`a public relations and marketing consulting firm. In turn, Fenton Communications hired me as a
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`contractor in 2000 to work with Align and its public relations team. In or around 2003, Align ended its
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`engagement with Fenton Communications and retained Ethos directly. Ethos has been working directly
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`with Align as a corporate communications and public relations consultant continuously since 2003. Since
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`2000, I have been involved in many aspects of Align’s branding and marketing strategy, practice, and
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`implementation. I work closely with Align’s executives to provide input on Align’s branding and
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`marketing initiatives. For most of 2012, I managed and ran Align’s consumer marketing organization
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`through a marketing leadership transition – which was only possible because of my understanding of
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`Align’s brands and marketing goals. I report directly to the company’s CEO and confer regularly with its
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`top management.
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`The INVISALIGN® System and Products
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`5.
`
`Based on my review of Align’s books and records, public filings, and historical
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`marketing documents, I understand that Align was formed in March 1997, that it first began commercial
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`sales in July 1999, and that it went public through an IPO in January 2001, raising approximately
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`$128,000,000. The public IPO documents described the company’s brand awareness and business plan.
`
`6.
`
`Align is the company behind the proprietary INVISALIGN® system, a combination of
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`proprietary 3-D modeling software, cutting-edge custom manufacturing technology, and clear, removable
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`appliances that are used to treat malocclusion (or the misalignment of teeth)—alone for comprehensive
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`orthodontic treatment or as a key component to restorative or cosmetic dental work. Because it does not
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`rely on the use of metal or ceramic braces or wires, INVISALIGN® significantly reduces the aesthetic
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`and other limitations associated with braces. INVISALIGN® is appropriate for treating adults and teens
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`with mature dentition. Align received FDA clearance to market INVISALIGN® in 1998, and it began
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`commercial operations in July 1999.
`
`7.
`
`INVISALIGN® products combine proprietary software and a series of clear, medical-
`
`grade plastic appliances, sometimes referred to as “aligners,” to move teeth in stages as determined by the
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`treating doctor. Align’s highly trained technicians use a patient’s dental records and the doctor’s detailed
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`prescription to create a 3-D virtual treatment plan called a ClinCheck, which resembles a movie file of
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`how the patient’s teeth will move by stage. Doctors use ClinCheck to review, modify, and approve the
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`final outcome and specific movements that are programmed into the series of INVISALIGN® clear
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`plastic appliances that Align will manufacture. Align’s treatment plans are developed in its operations
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`facility in Costa Rica, and the appliances themselves are manufactured in Mexico.
`
`8.
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`INVISALIGN® clear plastic appliances work by applying precise, predetermined force
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`to the teeth. The patient wears each set of clear plastic appliances for one to two weeks as directed by the
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`treating doctor, removing the appliances only to eat, drink, and brush. At the end of each wear period, the
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`patient moves to the next set of clear plastic appliances. The treating doctor may employ additional tools
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`-3-
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`or techniques as necessary to add additional force or to aid difficult tooth movements. Attached as
`
`Exhibit A (ALIGN0015567-15586) is a true and correct copy of Align’s 2007 Annual Report. I wrote
`
`portions of Exhibit A, including portions of the foregoing background regarding Align and the
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`INVISALIGN® system reflected on pages 2 and 3 (ALIGN0015570-15571). I am familiar with and have
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`personal knowledge regarding the preparation of Align’s Annual Reports from the 2000s. Align’s Annual
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`Reports, including the 2007 report attached as Exhibit A, are prepared shortly after the end of each
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`calendar year. These annual reports are made by persons with knowledge of the business and financial
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`events and corporate milestones discussed therein and are kept in the course of regularly conducted
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`business activities, and it is the regular practice of Align to prepare and disseminate annual reports which
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`include various financial, operational, and performance information about the company. The company’s
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`annual reports and earnings reports, which are available publicly, track investments in marketing and
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`brand awareness strategy.
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`Align’s Early Branding and Marketing Strategy (2000-2010)
`
`9.
`
`Align has two primary categories of commercial target audiences: 1) orthodontists and
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`general practitioner dentists (hereafter, the “Medical Practitioners”) who diagnose and administer the
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`INVISALIGN® orthodontic treatment; and 2) consumers or potential patients who may actually use the
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`INVISALIGN® treatment (hereafter, the “Consumers”). The Medical Practitioners are the ones who
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`actually buy the INVISALIGN® product from Align, and Align licenses them to sell its branded products
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`to Consumers as part of their treatment. Since 2000, Align has deployed an overall branding and
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`marketing strategy to target both Medical Practitioners and Consumers. But Align provides distinct and
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`unique messaging and branding to each of the two groups. Since 2000, I have been closely involved in,
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`and I have personal knowledge regarding, Align’s branding and marketing practices and strategies
`
`targeting both Medical Practitioners and Consumers. I either helped create the branding and marketing
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`strategies or consulted directly with executives and other business employees at Align to develop and
`
`implement the branding and marketing strategies described below.
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`-4-
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`Marketing and Branding Strategy to Medical Practitioners and Corporate Communications
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`10. With regard to Medical Practitioners, Align’s branding and marketing strategy focused on
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`promoting both the ALIGN® mark, as the company name and the source its products and services, as
`
`well as the INVISALIGN® mark, as the brand name for the company’s leading product: the clear plastic
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`orthodontic appliances to be administered to patients. Align’s initial focus was to get Medical
`
`Practitioners to know who Align, the company, was. The next focus was to educate the Medical
`
`Practitioners regarding the INVISALIGN® product, including the science behind its treatment stages, the
`
`logistics behind developing a treatment plan and ordering the product, and the costs associated with
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`administering the product.
`
`11.
`
`Once a Medical Practitioner wanted to sign up to become an approved INVISALIGN®
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`provider, the company required the Medical Practitioner to undergo an application, education,
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`registration, and approval process. As examples, to become an approved INVISALIGN® provider, the
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`Medical Practitioner was required to: a) sign up for and complete a 1-2 day training course provided by
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`Align (the training course highlighted prior case studies, the types of cases to start with, and range of
`
`treatable cases, among other subjects); b) obtain unique clinical ID and customer account numbers
`
`provided by Align; and c) register and create an account for Align’s digital platform where the Medical
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`Practitioner interfaced with Align about the digital treatment plans, obtained approval for the plans, and
`
`set up financing and payment with Align. During this process, the Medical Practitioners formed an
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`ongoing business relationship with Align both as customers and as distributors of the INVISALIGN®
`
`suite of products and services. This ongoing relationship involved paying bills to Align for products and
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`services provided by the company, ongoing clinical education, treatment planning and product updates.
`
`The company also engaged with Medical Practitioners to provide marketing support and guidance
`
`concerning proper brand usage, and it created a program to recognize top INVISALIGN® providers,
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`which Medical Practitioners themselves could use in the marketplace to promote their practices and
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`attract new patients. The Medical Practitioners interfaced directly with Align, the company, and the
`
`
`
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`-5-
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`

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`ALIGN® marks featured prominently in these interactions. Once a digital treatment plan was approved,
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`the treatment dental kit for the particular patient was sent to the Medical Practitioner. This series of
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`interactions between Align and its network of registered Medical Practitioners has occurred consistently
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`for the period during which I have consulted for the company, and it continues to this day.
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`12.
`
`In the 2000s, the most common channels used to market to Medical Practitioners
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`included events and seminars where the Medical Practitioners became educated on the INVISALIGN®
`
`product as an alternative to wired braces. These courses provided training and onboarding for the Medical
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`Practitioners, and the company tracked the number of trained doctors by calendar quarter. As a disruptor
`
`to the orthodontic industry, Align’s focus was to gain the favor and trust of Medical Practitioners, who
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`were at first skeptical of the INVISALIGN® product.
`
`13.
`
`In summary, when marketing to Medical Practitioners, Align promoted the ALIGN® and
`
`INVISALIGN® marks collectively. Align undertook to ensure that the Medical Practitioners understood
`
`that Align was the company with which they would interface and communicate and also the source of all
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`INVISALIGN® related products and services.
`
`14.
`
`The ALIGN® brand holds substantial brand value and equity. It means more than just
`
`Align, the house brand and parent company. The ALIGN® mark presents Align as an innovative medical
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`technology company that has changed the entire orthodontic industry. It represents a company that offers
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`a variety of cutting-edge products and services in the orthodontic industry. It also signifies a company and
`
`a brand that strive to improve the overall well-being of people of all ages and demographics by giving
`
`consumers/patients the confidence of a beautiful smile.
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`
`
`Marketing and Branding Strategy to Consumers
`
`15.
`
`In part to counter the expected initial product skepticism of Medical Practitioners, Align
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`developed a direct-to-Consumer marketing strategy that was unique within the orthodontic industry, one
`
`that encouraged Consumers to ask their selected Medical Practitioners for the INVISALIGN® product by
`
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`-6-
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`name.
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`16.
`
`For purposes of this marketing campaign, Align was more focused on promoting the
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`INVISALIGN® mark as the brand and product that the Consumer would use. Because the Consumer
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`could only obtain the INVISALIGN® product through an approved INVISALIGN® Medical Practitioner
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`(and therefore would not receive the INVISALIGN® product and treatment from Align directly), Align
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`opted to simplify the messaging to the Consumer to focus on INVISALIGN® as the primary brand and
`
`product.
`
`17.
`
`The INVISALIGN® mark and brand was and remains at the forefront of Align’s
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`marketing and branding to Consumers. The INVISALIGN® mark represents the industry-leading and
`
`pioneering INVISALIGN® system and products for clear plastic aligners. The INVISALIGN® mark falls
`
`under the umbrella of the Align family of marks.
`
`18.
`
`Align was the first orthodontic company to target the consumer. Historically, orthodontic
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`appliance companies would only target the Medical Practitioners who would buy the appliances and
`
`administer them to patients, with no thought to whether or not patients knew the brand of appliance being
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`used. However, Align created a completely new category of product and had a goal of disrupting the
`
`entire orthodontic industry. When I started working with Align in 2000, it was the only company offering
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`clear, plastic trays as a complete substitute to traditional wired braces – and was the only company
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`marketing an alternative treatment directly to consumers as a forcing function to get Medical Practitioners
`
`to consider and adopt INVISALIGN® treatment..
`
`19.
`
`Align’s consumer marketing emphasis has always been to establish the INVISALIGN®
`
`brand with Consumers, and it has expended substantial resources to do so. Align’s goal was simple: make
`
`the INVISALIGN® brand appealing and trustworthy to Consumers so that they will directly approach
`
`their Medical Practitioners and request the INVISALIGN® treatment by name. The early brand
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`messaging was straightforward: get a better smile without a “traintrack” look. The company appreciated
`
`that Consumers would want it and that there was a better way to provide it.
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`-7-
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`20. While Align primarily highlights the INVISALIGN® mark and brand with Consumers,
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`as illustrated below, the dental kits and related materials that Consumers receive always have made clear
`
`that Align is the source of the INVISALIGN® mark and product and is the company manufacturing and
`
`distributing the INVISALIGN® product.
`
`21.
`
`In its early stages, Align marketed its INVISALIGN® product primarily to adults as an
`
`alternative to wired braces. Align initially focused on capturing the adult orthodontic market, as the
`
`orthodontic market in the early 2000s was more geared towards teens and young adults. Because many
`
`adults were weary of the impact that wired braces may have on their professional and dating life,
`
`INVISALIGN® appealed to adults as a more subtle and less invasive way to treat malocclusion.
`
`22.
`
`In the early 2000s, the primary channels used to market and promote the INVISALIGN®
`
`marks and brand to Consumers were through national media, earned media, and paid media. Align
`
`focused heavily on television media, while also using traditional print media (articles, press releases,
`
`brochures, pamphlets, e-mails).
`
`23.
`
`As shown below, the INVISALIGN® mark typically is used in conjunction with the
`
`ALIGN® mark in several areas, including but not limited to press releases, financial/annual reports,
`
`investor communications, Align’s website, Align’s social media accounts, INVISALIGN® dental kits and
`
`accompanying materials, as well as materials or guidelines provided to Medical Practitioners. These
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`types of uses have been consistent throughout the tenure of my consulting relationship with the company.
`
`24.
`
`As part of its Consumer marketing and branding strategy, and in an effort to drive
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`Consumer demand for INVISALIGN®, Align provides a referral network to Consumers where potential
`
`patients can be connected with local, approved and trained INVISALIGN® providers. On the current
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`INVISALIGN® website (www.invisalign.com), in the upper right is a search box entitled “Find a
`
`Doctor” where a prospective patient inputs his/her zip code to find locally approved and trained
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`INVISALIGN® providers. After confirming whether the prospective patient is under or over 20 years of
`
`age, the search function lists the contact information of all locally approved and trained INVISALIGN®
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`-8-
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`providers, lists the types of services and products they offer, and offers scheduling assistance for initial
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`consultations.
`
`25.
`
`The INVISALIGN® mark and brand represents much more than just the INVISALIGN®
`
`system and related products. The INVISALIGN® brand represents an opportunity to allow people to
`
`build confidence through a better smile. It represents a customized system and product which help
`
`improve people’s physical health and well-being, with the related happiness and confidence being
`
`available to people of all ages and demographics. It represents a system and product that are high-tech and
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`research-based and that provide tremendous ease of use compared to traditional braces (including through
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`fewer doctor visits, changing aligner trays every few weeks, and being less invasive). The
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`INVISALIGN® brand represents the pioneer and gold standard in clear orthodontic appliances.
`
`
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`Comprehensive Brand Strategy: Connecting the Dots
`
`
`
`26.
`
`By combining a direct-to-Consumers marketing campaign with a robust program to
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`attract, train and support Medical Practitioners, the company built brand awareness with both sets of
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`customer universes, so that Consumers would ask their doctors for INVISALIGN® by name and Medical
`
`Practitioners with established relationships with Align would be motivated to provide ALIGN®-branded
`
`products.
`
`
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`Initial Challenges and Immediate Success
`
`27.
`
`Align is a company of firsts. It is the first company to create a commercially viable
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`removable appliance for straightening teeth; the first to bring cutting-edge, 3-D modeling and virtual
`
`treatment planning into doctors’ practices; the first to apply mass customization to a medical device; the
`
`first to market an orthodontic product directly to consumers; and the first to bring technology-driven
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`precision to the previously subjective, labor and time-intensive process of manually moving teeth with
`
`wires and brackets. (See Exhibit A at page 2, ALIGN0015570).
`
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`-9-
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`28.
`
`As a new and innovative disruptor to a large, antiquated orthodontic industry, Align faced
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`many initial challenges from a branding perspective, including but not limited to the following:
`
`• Many people saw the INVISALIGN® product as a novelty, which might only be
`
`applicable to adults for very simple cases;
`
`• Many people questioned whether plastic trays could actually move teeth and help
`
`straighten them without the use of wired brackets;
`
`• Because complete treatment typically takes 12-18 months, Align did not have the benefit
`
`of large samples of industry support or case studies in its early years;
`
`• Doctors priced INVISALIGN® treatment at a premium in the early years, often as high
`
`as $7,000 or more, which was seen as very expensive for plastic trays.
`
`29.
`
`For example, attached hereto as Exhibit B (ALIGN0003834-3837) is a publicly available
`
`New York Times article dated August 18, 2000, which describes some of the early feedback and
`
`skepticism of Align and the INVISALIGN® system, as well as Align’s aggressive and unique marketing
`
`strategies. The article includes the following observations about the perceptions of the orthodontic and
`
`dental communities about Align:
`
`•
`
`“It seems like a stretch that a classic Silicon Valley start-up could create a role for itself
`
`in this highly local profession”
`
`•
`
`“Align is unrolling the most aggressive consumer advertising plan the dental profession
`
`has ever seen”
`
`•
`
`“The Align system, marketed under the Invisalign brand, is already inspiring
`
`competitors”
`
`•
`
`“Competitors . . . are eagerly awaiting the biggest step yet in Align’s marketing program
`
`– a $31 million campaign starting in September that will be the first effort by an
`
`orthodontics products company to appeal directly to consumers through television”
`
`•
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`“Orthodontists have mixed feelings about Align”
`
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`-10-
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`•
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`“The New York audience included plenty of skeptics who said that Invisalign would
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`make sense for only a small percentage of their patients, many of whom might fare just as
`
`well with a retainer”
`
`•
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`“A treatment that might cost several thousand dollars with Invisalign might be done for
`
`several hundred dollars with a retainer”
`
`• Others said that treatment with the aligners, like all removable dental appliances, is prone
`
`to failure if patients do not wear them around the clock”
`
`30.
`
`As a result of these initial challenges and lack of education about the technology and
`
`effectiveness behind INVISALIGN®, Align invested substantial resources in marketing to both Medical
`
`Practitioners and Consumers to build brand awareness and demand. Attached hereto as Exhibit C
`
`(ALIGN0015255-15348) is a true and correct copy of Align’s 2004 Annual Report. As described above, I
`
`have personal knowledge of Align’s 2004 Annual Report, as I helped write portions of the report. Align’s
`
`Annual Reports typically enclosed the corresponding year’s publicly-filed Form 10-K with the SEC. As
`
`reflected on page 25 of the 2004 Form 10-K enclosed with the 2004 Annual Report (ALIGN0015289),
`
`“[s]ales and marketing expenses for the year ended December 31, 2004 were $55.9 million compared to
`
`$43.7 million for the year ended December 31, 2003.”
`
`31.
`
`Align’s sales and marketing expenses continued to increase throughout the 2000s.
`
`Attached as Exhibit D (ALIGN0015453-15566) is a true and correct copy of Align’s 2006 Annual
`
`Report. As reflected on Page 62 of the publicly-available Form 10-K enclosed with the 2006 Annual
`
`Report (ALIGN0015526), Align’s total sales and marketing expenses in 2006 were $81.9 million.
`
`32.
`
`Align’s increased sales and marketing expenses in the 2000s were indicative of its rapid
`
`growth and success. As reflected on page 8 of the 2004 Annual Report (ALIGN0015264) and page 24 of
`
`the 2004 Form 10-K enclosed with the 2004 Annual Report (ALIGN0015288), Align’s total revenue
`
`increased from $69.7 million in 2002 to $122.7 million in 2003 to $172.8 million in 2004, including a
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`19% increase in revenue from orthodontists and a 97% increase in revenue from general practitioners
`
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`from 2003 to 2004. Overall, Align experienced a 41% increase in revenue from 2003 to 2004. As
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`reflected on page 16 of the 2007 Annual Report (ALIGN0015584) (Exhibit A), Align’s total net revenue
`
`increased from $207.1 million in 2005 to $284.3 million in 2007.
`
`33.
`
`Attached as Exhibit E is a true and correct copy of Align’s 2009 Annual Report
`
`(ALIGN0015587-15606). As reflected on page 18 of the report (ALIGN0015604), Align’s total net
`
`revenue increased from $284.3 million in 2007 to $312.3 million in 2009.
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`34.
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`Towards the late 2000s, the INVISALIGN® system continued to gain traction and trust
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`among Medical Practitioners. As a result, Align directed more marketing resources to Consumers, and it
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`sought to expand its target audience beyond adults. As shown below, Align directed its marketing and
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`promotion efforts to different demographic segments with tailored messaging, and it adjusted its branding
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`strategy to take advantage of the proliferation in digital and social media.
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`Align’s Growth Strategy in the Digital Age (2010 to Present)
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`The ALIGN® Brand Marketing and Logo
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`35.
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`In addition to highlighting the ALIGN® mark and brand to Medical Practitioners, Align
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`historically has focused on promoting the ALIGN® mark in other areas and channels. The ALIGN®
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`mark and brand is at the forefront of Align’s corporate communications, including annual reports,
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`quarterly financial statements, and corporate press releases. For example, in a publicly available press-
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`release dated April 28, 2021 (https://investor.aligntech.com/news-releases/news-release-details/align-
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`technology-announces-record-first-quarter-2021-financial), the press release features the ALIGN® house
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`brand, and the ALIGN® mark and logo is located on the top left of the page (with the INVISALIGN®
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`and ITERO® marks featured on the top right of the page). As described further below, this three mark
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`lock-up is common among Align’s public-facing documents and communications.
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`36.
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`The ALIGN® mark and brand also are at the forefront of Align’s employment and
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`recruiting efforts. Prospective employees interface with the house brand, as opposed to the
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`INVISALIGN® mark or brand. For example, Align’s LinkedIn page, with over 109,000 followers, can be
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`-12-
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`

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`found here: https://www.linkedin.com/company/align-technology/. The profile photo on Align’s LinkedIn
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`page features the ALIGN® mark, with the INVISALIGN® and ITERO® marks and brands in smaller
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`font underneath:
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`This three-mark naming convention is typically used by Align.
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`
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`37.
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`As shown above, Align typically has marketed and presented its three primary brands
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`(ALIGN®, INVISALIGN®, and ITERO®) in a three-mark lockup where each of the marks is separately
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`delineated. This three-mark lockup has been used on Align’s website (https://www.aligntech.com/), press
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`releases, materials provided to Medical Practitioners (such as branding guidelines), internal and external
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`presentations, annual reports, financial documents, and others. The three mark lock-up has been a
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`common and consistent usage of the three marks.
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`38.
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`Given my consulting role with Align’s marketing and branding departments processes, I
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`am familiar with and have personal knowledge regarding the design and use of the ALIGN® logo over
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`time. Beginning in the early 2000s, the ALIGN® logo had a horizontal design. A true and correct copy of
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`a picture of the 2003 Align Technology, Inc. Product Catalog showing the ALIGN® logo with horizontal
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`design is displayed on the back cover as follows:
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`-13-
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`39.
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`In or around late 2012 or early 2013, the Align investor relations team decided that there
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`was a growing need for a newer, fresher ALIGN® logo. A simple logo in capital letters was developed:
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`
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`
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`40.
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`A version of the newer ALIGN® logo was created with the word “Technology.” A true
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`and correct copy of a picture of Align’s first corporate Fact Sheet in Q2 2013 (corporate fact sheets were
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`updated each quarter and downloadable from Align’s website, www.aligntech.com), showing the new
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`ALIGN® logo along with the word “Technology” in the upper left hand corner, is as follows:
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`-14-
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`41.
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`The newer ALIGN® logo was also used on Align’s Use and Care Instructions (received
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`by the Consumer along with the INVISALIGN® dental kit) beginning in 2013. A true and correct copy of
`
`a picture of Align’s Use and Care Instructions from 2013, showing the newer ALIGN® logo in the lower
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`right hand corner of the back page, is as follows:
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`
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`-15-
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`42.
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`In 2017, Align’s marketing team decided on the current ALIGN® brand logo:
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`
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`
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`43.
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`The current ALIGN® logo is used on all products delivered to Medical Practitioners and
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`Consumers. For example, the following are true and correct copies of pictures of Align’s cleaning crystals
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`package and accompanying manual, showing the new ALIGN® logo on the side of the box and at the
`
`bottom of the manual, is as follows:
`
`
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`-16-
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`

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`44.
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`The current ALIGN® logo also appears in the top left of its company website home page
`
`(www.aligntech.com). A true and correct copy of a screenshot of Align’s company website as of May 8,
`
`2021, showing the current ALIGN® logo in the upper left, is as follows:
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`45.
`
`The current ALIGN® logo also appears on all of Align’s press releases. For example, a
`
`
`
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`-17-
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`

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`publicly available press releases dated April 28, 2021 (https://investor.aligntech.com/news-releases/news-
`
`release-details/align-technology-announces-record-first-quarter-2021-financial), shows the current
`
`ALIGN® logo in the upper left, along with the INVISALIGN® and ITERO® logos in the upper right. As
`
`described herein, this three mark naming convention is typically used by Align, including with all of its
`
`press releases.
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`46.
`
`Attached as Exhibit F (ALIGN0015106) is a press release dated July 10, 2017 which
`
`describes the unveiling of the new ALIGN® logo. I am listed as a point of contact at the bottom of the
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`press release, and I am familiar with and have personal knowledge regarding its preparation. Throughout
`
`my consulting with Align, I have been involved in and have personal knowledge regarding outward press
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`releases from Align, and I have written many of them. Consistent with other documents mentioned herein
`
`and Align’s overall branding strategy, the press release describes Align as the source and parent brand for
`
`the INVISALIGN® and ITERO® marks and brands. For example, the press release states:
`
`•
`
`“