Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1026523
`01/02/2020
`
`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
`
`Correspondence
`information
`
`Apple Inc.
`
`01/01/2020
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`William M. Bryner
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`UNITED STATES
`jpetersen@kilpatricktownsend.com, bbryner@kilpatricktownsend.com, HY-
`ang@kilpatricktownsend.com, Agarcia@kilpatricktownsend.com, tmad-
`min@kilpatricktownsend.com
`336-607-7300
`
`Applicant Information
`
`Application No
`
`88417510
`
`Publication date
`
`09/03/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`01/02/2020
`
`Opposition Peri-
`od Ends
`
`01/01/2020
`
`AppleSlice, LLC
`545 Washington Blvd., Suite 2
`Sea Girt, NJ 08750
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Professional coaching services in the field
`of technology usage; publishing of books, e-books, audio books
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4088195
`
`Application Date
`
`03/22/2008
`
`

`

`Registration Date
`
`01/17/2012
`
`Word Mark
`
`Design Mark
`
`APPLE
`
`Foreign Priority
`Date
`
`09/28/2007
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, arranging and conducting personal
`training, classes, workshops, conferences and seminars in the field of com-
`puters, computer software, online services, information technology, website
`design, and consumer electronics; arranging professional workshop and training
`courses; computer education training services; trainingin the use and operation
`of computers, computer software and consumer electronics; online journals,
`namely, blogs featuring general interest topics covering a wide variety of topics
`and subject matter; providing on-line publications in thenature of magazines,
`newsletter and journals in the field of computers, computer software and con-
`sumer electronics; providing information, podcasts and webcasts in the field of
`entertainment via the Internet concerning movies, music, videos, television,
`sports, news, history, science, politics, comedy, children's entertainment, anima-
`tion, culture, and current events; digital video, audio and multimedia publishing
`services; providing entertainment information regarding movies, music, videos,
`television, sports, news, history, science, politics, comedy, children's entertain-
`ment, animation, culture, and current events; providing information, reviews and
`personalized recommendations of movies, music, videos, television, sports,
`news, history, science, politics, comedy, children's entertainment, animation, cul-
`ture, and current events in the field of entertainment; entertainment services,
`namely, production of live musical performances; entertainment services,
`namely, providing live musicalperformances online via a global computer net-
`work; rental of digital entertainment content in the nature of movies, music,
`videos, television, sports, news, history, science, politics, comedy, children's en-
`tertainment, animation, culture, and current events, by means of communica-
`tions networks, namely, provision of non-downloadable audio and audiovisual
`programs via an online video-on-demand service; providing a database of digital
`entertainment content in the nature of movies, music, videos, television, sports,
`news, history, science, politics, comedy,children's entertainment, animation, cul-
`ture, and current events via electroniccommunication networks; entertainment
`services, namely, providing prerecorded audio and audiovisual content, informa-
`tion and commentary in the fields of music,concerts, videos, movies, television,
`books, news, sports, games and cultural events all via a global computer net-
`work
`
`U.S. Registration
`No.
`
`3298028
`
`Registration Date
`
`09/25/2007
`
`Word Mark
`
`NONE
`
`Application Date
`
`08/02/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Arranging and conducting trade shows, and trade show expositions and exhibi-
`tions in the fields of computers, computer software, online services, information
`technology, and consumer electronics
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, conducting classes, workshops, con-
`ferences and seminars in the field of computers, computer software, online ser-
`vices,information technology, internet website design, video products and con-
`sumer electronics; arranging of exhibitions, seminars and conferences; arran-
`ging professional workshop and training courses; computer education training
`services; training in the use and operation of computers and computer software;
`providing a website for the uploading, sharing, viewingand posting of photo-
`graphs, digital images, movies, videos, online journals, namely web blogs in
`general interest fields, and other related multimedia entertainment materials
`over a global computer network; providing fitness and exercise facilities; Physic-
`al fitness consultationand instruction; providing on-line publications in the nature
`of newsletters inthe field of computers and education; providing information in
`the field of education via the internet; providing information in the field of enter-
`tainment viathe Internet concerning movies, music, videos, television, celebrit-
`ies, sports,news, history, science, politics, comedy, children's entertainment, an-
`imation, culture, current events
`
`U.S. Registration
`No.
`
`3710912
`
`Registration Date
`
`11/17/2009
`
`Word Mark
`
`APPLE STORE
`
`Application Date
`
`02/04/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 037. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Maintenance, installation and repair ofcomputer hardware, computer peripher-
`alsand consumer electronic devices
`Class 038. First use: First Use: 2007/06/29 First Use In Commerce: 2007/06/29
`Technical consulting in the field of consumer electronics, namely, telephones,
`cellular telephones and wireless telecommunications devices; consulting ser-
`vicesin the field of selection, implementation and use of consumer electronic
`systems for others, namely, telecommunicationssystems featuring telephones,
`cellular telephones and wireless telecommunications devices
`Class 041. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Education and training services, namely, conducting classes, workshops, and
`seminars in the field of computers, computer software, online services, informa-
`tiontechnology, internet website design, music, photography and video products
`and consumer electronics; arranging professional workshop and training
`courses; computer education training services; training in the use and operation
`of computers, computer software and consumer electronics; entertainment ser-
`vices, namely, providing a facility for live concerts andspecial events in the
`nature of live musical performances; technical consultingin the field of consumer
`electronics, namely, audio, audiovisual and home and portable entertainment
`systems and devices; consulting services in the field of selection, implementa-
`tion and use of computer hardware, computer software and consumer electronic
`systems for others, namely, audio, audiovisual and home and portable entertain-
`ment systems and devices
`Class 042. First use: First Use: 2001/05/19 First Use In Commerce: 2001/05/19
`Technical support services, namely, troubleshooting computer hardware, com-
`puterperipheral, computer software and consumer electronic devices; installa-
`tion, updating, maintenance and repair of computer software; technical consult-
`ing in thefield of computers and computer-based consumer electronics; com-
`puter and consumer electronic diagnostic services; consulting services in the
`field of selection, implementation and use of computer hardware, computer soft-
`ware and computer-based consumer electronic systems for others; computer
`data recovery; consulting services in the field of selection, implementation and
`use of computer hardware and computer software for the operation of consumer
`electronic systems for othersin the nature of audio, audiovisual andhome and
`portable entertainment systemsand devices
`
`U.S. Registration
`No.
`
`4009791
`
`Registration Date
`
`08/09/2011
`
`Word Mark
`
`APPLECARE
`
`Application Date
`
`06/16/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1992/12/31 First Use In Commerce: 1992/12/31
`Education services, namely, providing classes, [ seminars ] and online educa-
`tional programs and tutorials in the field of computer hardware, computer peri-
`pherals and computer software, and distribution of course material in connection
`therewith; training services in the field ofcomputer hardware, computer peripher-
`alsand computer software [ ; providing newsletters in the field of technical sup-
`port services for computer software via e-mail to read ]
`
`U.S. Registration
`No.
`
`5291678
`
`Registration Date
`
`09/19/2017
`
`Word Mark
`
`Design Mark
`
`APPLE NEWS
`
`Application Date
`
`11/13/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2015/06/08 First Use In Commerce: 2016/04/05
`Providing web pages featuring information in the field of entertainment, mu-
`sic,sports, current events news, and arts and culture
`
`U.S. Registration
`No.
`
`5443302
`
`Registration Date
`
`04/10/2018
`
`Word Mark
`
`Design Mark
`
`TODAY AT APPLE
`
`Application Date
`
`09/13/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`

`

`Goods/Services
`
`Class 041. First use: First Use: 2017/05/21 First Use In Commerce: 2017/05/21
`Providing seminars, workshops, classes,and training in the fields of music, visu-
`al arts, design, photography, videography and filmmaking, business, educa-
`tion,robotics, and technology; providing seminars, workshops, classes, and
`training in the use and operation of computers, computer software, digital elec-
`tronic devices, and wearable electronics
`
`U.S. Registration
`No.
`
`1078312
`
`Registration Date
`
`11/29/1977
`
`Word Mark
`
`Design Mark
`
`APPLE
`
`Application Date
`
`03/25/1977
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/00 First Use In Commerce: 1976/04/00
`COMPUTERS; [ AND COMPUTER PROGRAMS RECORDED ON PAPER AND
`TAPE ] (( * COMPUTER PROGRAMS, NAMELY, COMPUTER OPERATING
`SOFTWARE, COMPUTER SOFTWARE DEVELOPMENT TOOLS, GAME
`SOFTWARE, AND COMPUTER SOFTWARE FOR CREATING AND EDITING
`TEXT AND GRAPHICS * ))
`
`U.S. Registration
`No.
`
`3928818
`
`Registration Date
`
`03/08/2011
`
`Word Mark
`
`Design Mark
`
`APPLE
`
`Application Date
`
`05/03/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/01 First Use In Commerce: 1976/04/01
`Computer hardware; computer hardware, namely, server, desktop, laptop and
`notebook computers; computer memory hardware;computer disc drives; optical
`disc drives; computer hardware, software and computer peripherals for commu-
`nication between multiple computers and between computers and local and
`
`

`

`global computer networks; computer networking hardware; set top boxes; com-
`puter hardware and computer software for the reproduction, processing and
`streaming of audio, video and multimedia content; computer hardware and soft-
`ware for controlling the operation of audio and video devices and for view-
`ing,searching and/or playing audio, video, television, movies, photographs and
`other digital images, and other multimedia content; computer monitors; liquid
`crystal displays; flat panel display monitors;computer keyboards, cables, mo-
`dems; computer mice; electronic docking stations;stands specially designed for
`holding computer hardware and portable and handheld digital electronic
`devices; batteries; rechargeable batteries; battery chargers; battery packs;
`power adapters for computers; electrical connectors, wires, cables, and ad-
`aptors; wired and wireless remote controls for computers and portable and
`handheld digital electronic devices; headphones and earphones; stereo head-
`phones; in-ear headphones; microphones;audio equipment for vehicles, namely,
`MP3 players; sound systems comprising remote controls, amplifiers, loudspeak-
`ers and components thereof; audio recorders; radio receivers; radio transmitters;
`personal digital assistants; portable digital audio and video players; electronic
`organizers; cameras; telephones; mobile phones; videophones; computer gam-
`ing machines, namely, stand-alone video gaming machines; handheld and mo-
`bile digital electronic devices for the sending and receiving of telephone calls,
`electronic mail and other digital media; MP3 and otherdigital format audio and
`video players;portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, receiving, manipulating, playing and reviewing text, data,
`image, audio and video files; a full line of electronic and mechanical parts and
`fitting for portable and handheld digital electronic devices for recording, organiz-
`ing, transmitting, receiving, manipulating, playing and reviewing text, data, im-
`age, audio and video files, namely, headphones, microphones, remote controls,
`batteries, battery chargers, devices for hands-free use, keyboards, adapters;
`parts and accessories for mobile telephones, namely, mobile telephone covers,
`mobile telephone cases, mobile telephone covers madeof cloth or textile materi-
`als, mobile telephone batteries, mobile telephone battery chargers, headsets for
`mobile telephones, devices for hands-free use of mobile telephones; carrying
`cases, sacks, and bags, all for use with computers and portable and handheld
`digital electronicdevices; operating system programs; computer utility programs
`for computer operating systems; a full line of computer software for business,
`home, education, and developer use; computer software for use in organizing,
`transmitting, receiving, manipulating, playing and reviewing text, data, image,
`audio, and video files; computer programs for personal information manage-
`ment; database management software; character recognition software; electron-
`ic mail and messaging software; telecommunications software for connecting
`wireless devices, mobile telephones, handheld digital electronic devices, com-
`puters, laptop computers, computer network users, global computer networks;
`database synchronization software; computer programs for accessing, browsing
`and searching online databases; computer software to develop other computer
`software; computer software for use as a programming interface; computer soft-
`ware for use in network server sharing; local and widearea networking software;
`computer software for matching, correction, and reproduction of color; computer
`software for use in digital video and audio editing; computer software for use in
`enhancing text and graphics; computer software for use in font justification and
`font quality; computer software for use to navigate and search a global computer
`information network; computer software for use inword processing and database
`management; word processing software incorporatingtext, spreadsheets, still
`and moving images, sounds and clip art; computer software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing and organizing audio, video, still images and other digital media;
`computer software for analyzing and troubleshooting other computer software;
`computer graphics software; computer search engine software; website devel-
`opment software; computer software for remote viewing, remote control, com-
`munications and software distribution within personal computer systems and
`across computer networks; computer programs for file maintenance and data re-
`
`

`

`covery; computer software for recording and organizing calendars and sched-
`ules, to-do lists, and contact information; computer software for clock and alarm
`clock functionality; computer softwareand prerecorded computer programs for
`personal information management; electronic mail and messaging software;
`computerprograms for accessing, browsing and searching online databases;
`computer software and firmware for operating system programs; blank computer
`storage media; user manuals in electronically readable, machine readable or
`computer readable form for use with, and sold as a unit with,all the aforemen-
`tioned goods; instructional manuals packaged in association with the above
`
`U.S. Registration
`No.
`
`1114431
`
`Registration Date
`
`03/06/1979
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`03/20/1978
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`THE MARK CONSISTS OF A SILHOUETTE OF ANAPPLE WITH A BITE RE-
`MOVED.
`
`Class 009. First use: First Use: 1977/01/00 First Use In Commerce: 1977/01/00
`COMPUTERS [ AND COMPUTER PROGRAMS RECORDED ON PAPER AND
`TAPE]
`
`U.S. Registration
`No.
`
`2715578
`
`Registration Date
`
`05/13/2003
`
`Word Mark
`
`NONE
`
`Application Date
`
`07/01/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1977/01/01 First Use In Commerce: 1977/01/01
`Computers hardware; computer hardware, namely, server, desktop, laptop,
`notebook and subnotebook computers; hand held and mobile computers; com-
`puter [ terminals and ] monitors; personal digital assistants; portable digital audio
`players; electronic organizers; computer keyboards, cables, [ modems; ] audio
`speakers; computer video control devices, namely, computer mice, [ trackballs,
`joysticks andgamepads; ] a full line of computer software for business, home,
`education, anddeveloper use; computer programs for personal information man-
`agement; database management software; [ character recognition software;
`telephony management software; ] electronic mail and messaging software; [
`telecommunications software, namely, for paging; ] database synchronization
`software; computer programs for accessing, browsing and searching online
`databases; operating system software; application development tool programs;
`blank computer storage media; fonts, typefaces, type designs and symbols re-
`corded onmagnetic media; computer software for use in providing multiple user
`access to a global computer information network for searching, retrieving, trans-
`ferring, manipulating and disseminating a wide range of information; computer
`software foruse as a programming interface; computer software for use in net-
`work server sharing; local and wide area networking software; computer soft-
`ware for matching, correction, and reproduction of color; computer software for
`use in digital videoand audio editing; computer software for use in enhancing
`text and graphics; computer software for use in font justification and font quality;
`computer software for use to navigate and search a global computer information
`network, as well as to organize and summarize the information retrieved; com-
`puter software for use in word processing and database management; word pro-
`cessing software incorporating text, spreadsheets, still and moving images,
`sounds and clip art; computer software for use in authoring, downloading, trans-
`mitting, receiving, editing, extracting, encoding, decoding, playing, storing and
`organizing audio, video, still images and other digital data; computer software for
`analyzing and troubleshooting other computer software; children'seducational
`software; computer game software; Computer graphics software; [ Computer
`search engine software; ] Web sitedevelopment software; computer program
`which provides remote viewing, remote control, communications and software
`distribution within personal computer systemsand across computer network;
`
`

`

`computer programs for file maintenance and data recovery; computer peripher-
`als; instructional manuals packaged in association withthe above
`
`U.S. Registration
`No.
`
`3679056
`
`Registration Date
`
`09/08/2009
`
`Word Mark
`
`Design Mark
`
`NONE
`
`Application Date
`
`01/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 009. First use: First Use: 1977/01/31 First Use In Commerce: 1977/01/31
`Computers; computer hardware; computer peripherals; handheld computers;
`handheld mobile digital electronic devices for recording, organizing, transmitting,
`manipulating, and reviewing text, data, image, audio, and audiovisual files, for
`the sending and receiving of telephone calls, electronic mail, and other digital
`data, for use as a digital format audio player, handheld computer, personal digit-
`al assistant, electronic organizer, electronic notepad, camera, and global posi-
`tioning system (GPS) electronic navigation device; digital audio and video re-
`corders and players; personal digital assistants; electronic organizers; cameras;
`telephones; mobile phones; satellite navigational systems, namely, global posi-
`tioning systems (GPS); electronic navigational devices, namely, global position-
`ing satellite (GPS) based navigation receivers; computer game machines for use
`with external display screens, monitors, or televisions; a full line of accessories
`and parts for the aforementioned goods; stands, covers, cases, holsters, power
`adaptors, and wired and wireless remote controls for the aforementioned goods;
`computer memory hardware; computer disc drives; optical disc drives; computer
`networking hardware; computer monitors; flat panel display monitors; computer
`keyboards; computer cables; modems; computer mice; electronic docking sta-
`tions; set top boxes; batteries; battery chargers; electrical connectors, wires,
`cables, and adaptors; devices for hands-free use; headphones; earphones; ear
`buds; audio speakers; microphones; and headsets; a full line of computer soft-
`ware for business, home, education, and developer use; user manuals for use
`with, and sold as a unitwith, the aforementioned goods; downloadable audio and
`video files, movies, ring tones, video games, television programs, pod casts and
`
`

`

`audio books via the internet and wireless devices featuring music, movies,
`videos, television, celebrities, sports, news, history, science, politics, comedy,
`children's entertainment,animation, culture, current events and topics of general
`interest
`
`Attachments
`
`77428980#TMSN.png( bytes )
`78943482#TMSN.png( bytes )
`77388365#TMSN.png( bytes )
`77499837#TMSN.png( bytes )
`86819705#TMSN.png( bytes )
`87607048#TMSN.png( bytes )
`73120444#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`73162799#TMSN.png( bytes )
`76426501#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`NOO - APPLESLICE.pdf(257994 bytes )
`EXHIBIT 1-NOO.pdf(4217968 bytes )
`EXHIBIT 2-NOO.pdf(142045 bytes )
`EXHIBIT 3-NOO.pdf(2837878 bytes )
`EXHIBIT 4-NOO.pdf(2906247 bytes )
`EXHIBIT 5-NOO.pdf(4012956 bytes )
`EXHIBIT 6-NOO.pdf(2245610 bytes )
`EXHIBIT 7-NOO.pdf(2678183 bytes )
`
`Signature
`
`Name
`
`Date
`
`/William Bryner/
`
`William Bryner
`
`01/02/2020
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No. 88/417,510
`For the Mark: APPLESLICE
`Filed: May 6, 2019
`Published: September 3, 2019
`
`APPLE INC.,
`
`Opposer,
`
` v.
`
`NOTICE OF OPPOSITION
`
`APPLESLICE, LLC,
`
`Applicant.
`
`APPLE INC. (“Opposer” or “Apple”), a California corporation with a principal place of
`
`business at One Apple Park Way, Cupertino, California 95014, will be damaged by the issuance
`
`of a registration for the trademark, APPLESLICE, shown in Application Serial No. 88/417,510
`
`(“Applicant’s Mark”) for “Professional coaching services in the field of technology usage;
`
`publishing of books, e-books, audio books” in Class 41 and hereby opposes the same.
`
`As grounds for its opposition, Apple alleges as follows, with knowledge concerning its
`
`own acts, and on information and belief as to all other matters:
`
`FACTS
`
`1.
`
`Apple is the world-famous designer, manufacturer, and marketer of mobile
`
`communication and media devices and personal computers, and seller of a variety of related
`
`software, services, accessories, and third-party digital content and applications. Apple’s APPLE
`
`brand is one of the best-known brands in the world.
`
`1
`
`

`

`2.
`
`Since at least as early as 1977, Apple has extensively promoted, marketed,
`
`advertised, distributed, and sold goods and services in connection with a family of trademarks
`
`consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo
`
`(shown below) depicting a stylized apple with a detached leaf (collectively, the “Apple Marks”).
`
`3.
`
`Apple’s family of Apple Marks are distinctive, arbitrary, and fanciful marks that
`
`have achieved an extraordinary level of fame and consumer recognition. As a result of Apple’s
`
`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
`
`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
`
`as identifying Apple’s APPLE-branded goods and services.
`
`4.
`
`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
`
`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
`
`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
`
`5.
`
`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
`
`been recognized as one of the world’s most famous brands. In May 2019, Forbes magazine ranked
`
`the APPLE brand as the world’s most valuable brand for the ninth year in a row, with an estimated
`
`valuation of $206 billion. Attached as Exhibit 1 are printouts of Forbes magazine articles
`
`regarding its list of the most valuable brands from 2019, 2018, 2017, 2016, 2015, 2014, 2013,
`
`2012, and 2011, obtained from its website.
`
`6.
`
`In 2019, for the eighth consecutive year, Apple won the Harris Interactive “Brand
`
`of the Year” award in the tablet computer category. Apple was also named the #1 brand in the
`
`smart phone category and the virtual personal assistant category. Attached as Exhibit 2 is a
`
`2
`
`

`

`printout of the Harris Interactive report obtained from the website at https://theharrispoll.com/the-
`
`harris-poll-announces-this-years-brands-of-the-year/.
`
`7.
`
`Additionally, Interbrand has consistently recognized the APPLE brand in the top
`
`50 of its “Best Global Brands” annual rankings, increasing in value each year. After being named
`
`the second most valuable brand in the world in 2012, the next year the APPLE brand was ranked
`
`as the most valuable, and Apple has maintained that top position every year since (2013-2019).
`
`Attached as Exhibit 3 are copies of relevant pages of Interbrand’s “Best Global Brands” rankings
`
`from 2010 through 2019, in reverse chronological order. Interbrand has awarded the APPLE brand
`
`the following rankings and brand valuations over the past 10 years:
`
`(a) 2019: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $234.24 billion;
`
`(b) 2018: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $214.48 billion;
`
`(c) 2017: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $184.15 billion;
`
`(d) 2016: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $178.12 billion;
`
`(e) 2015: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $170.28 billion;
`
`(f) 2014: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $118.86 billion;
`
`(g) 2013: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $98.32 billion;
`
`(h) 2012: valuing the APPLE brand as the 2nd most valuable brand in the world, with
`an estimated worth of U.S. $76.57 billion;
`
`(i) 2011: valuing the APPLE brand as the 8th most valuable brand in the world, with
`an estimated worth of U.S. $33.49 billion; and
`
`3
`
`

`

`(j) 2010: valuing the APPLE brand as the 17th most valuable brand in the world, with
`an estimated worth of U.S. $21.14 billion.
`
`8.
`
`This year, leading market research and brand valuation company Millward Brown
`
`Optimor (“MBO”) named APPLE as the most valuable brand in the United States in its “Brandz™
`
`Top 100 Most Valuable U.S. Brands” annual rankings. Last year, the inaugural year of MBO’s
`
`U.S. rankings, APPLE was named the second most valuable brand in the United States. Copies of
`
`MBO’s 2019 and 2018 “Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings are
`
`attached as Exhibit 4.
`
`9.
`
`Moreover, over the past 12 years, MBO has named APPLE as one of the world’s
`
`top brands in its “Brandz™ Top 100 Most Valuable Global Brands” annual rankings. In MBO’s
`
`2019 rankings, Apple’s APPLE brand was ranked the second most valuable brand in the world
`
`with a value of $309.5 billion. In MBO’s 2018 rankings, Apple’s APPLE brand was ranked the
`
`second most valuable brand in the world with a value of $300.6 billion. In MBO’s 2017 rankings,
`
`Apple’s APPLE brand was ranked the second most valuable brand in the world with a value of
`
`$234.67 billion. The 2016 rankings also ranked Apple’s APPLE brand the second most valuable
`
`brand in the world with a value of $228.46 billion. In 2015, MBO named Apple the world’s most
`
`valuable brand, a rank it also held in 2011, 2012, and 2013. Apple’s APPLE brand ranked 2nd in
`
`2014, 3rd in 2010, 6th in 2009, and 7th in 2008, clearly demonstrating recognition of the APPLE
`
`brand as one of the world’s most valuable for more than a decade. Attached as Exhibit 5 are
`
`copies of relevant pages of MBO’s rankings in reverse chronological order from 2019 through
`
`2008.
`
`10.
`
`Apple also has been widely recognized as an extremely valuable, innovative, and
`
`admired company. Each year since 2006, Fortune Magazine has published its list of “Most
`
`Admired Companies.” Apple has featured prominently in these rankings each year, and for 10
`
`4
`
`

`

`years in a row from 2009 to 2019, Apple has been named the “World’s Most Admired Company”
`
`for the year. Before 2009, Fortune Magazine’s list was limited to “America’s Most Admired
`
`Companies,” and Apple also topped that list in 2008. Attached as Exhibit 6 are copies of printouts
`
`of relevant pages of Fortune Magazine’s “Most Admired Companies” rankings in reverse
`
`chronological order from 2019 through 2008.
`
`11.
`
`Apple owns many registrations for its Apple Marks on the Principal Register of the
`
`United States Patent and Trademark Office, including those shown below:
`
`TRADEMARK
`
`APPLE
`
`REG. NO.
`
`APP. DATE/
`REG. DATE
`4,088,195 Mar. 22, 2008/
`Jan. 17, 2012
`
`5
`
`GOODS/SERVICES
`(FIRST USE/PRIORITY DATE)
`41: Education and training services, namely,
`arranging and conducting personal training,
`classes, workshops, conferences and seminars in
`the field of computers, computer software,
`online services, information technology, website
`design, and consumer electronics; arranging
`professional workshop and training courses;
`computer education training services; training
`in the use and operation of computers, computer
`software and consumer electronics; online
`journals, namely, blogs
`featuring general
`interest topics covering a wide variety of topics
`subject matter;
`and
`providing
`on-line
`publications
`in
`the nature of magazines,
`newsletter and
`journals
`in
`the
`field of
`computers, computer software and consumer
`electronics; providing information, podcasts and
`webcasts in the field of entertainment via the
`Internet concerning movies, music, videos,
`television, sports, news, history, science, politics,
`comedy, children's entertainment, animation,
`culture, and current events; digital video, audio and
`multimedia publishing
`services;
`providing
`entertainment
`information
`regarding movies,
`music, videos, television, sports, news, history,
`science, politics, comedy, children's entertainment,
`ani