throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1045498
`
`Filing date:
`
`03/27/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91254145
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`PATTERN INC.
`
`LISA A. OSMAN
`DORSEY & WHITNEY LLP
`IP DOCKETING 1400 WEWATTA STREET, SUITE 400
`DENVER, CO 80202-5549
`docketing-dv@dorsey.com, shimada.tiffany@dorsey.com, os-
`man.lisa@dorsey.com
`no phone number provided
`
`Motion to Suspend for Civil Action
`
`Tiffany D.W. Shimada
`
`docketing-dv@dorsey.com, shimada.tiffany@dorsey.com, os-
`man.lisa@dorsey.com
`
`/Tiffany Shimada/
`
`03/27/2020
`
`2020-03-27 - Motion to Suspend Proceeding.pdf(20986 bytes )
`Exhibit A - Complaint with attachments.pdf(336359 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 88/194,208
`Published in the Official Gazette of October 22, 2019
`_________________________________________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ETSY, INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`PATTERN INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`_________________________________________
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`
`
`
`Opposition No. 91254145
`
`MOTION TO SUSPEND PROCEEDINGS IN VIEW OF PENDING
`CIVIL ACTION PURSUANT TO TRADEMARK RULE 2.117(a)
`
`
`
`
`Applicant Pattern Inc. (“Applicant”) hereby moves the Trademark Trial and Appeal
`
`Board (“Board”) to suspend the above-captioned Opposition Proceeding, pending determination
`
`of a pending civil action, pursuant to Trademark Rules 2.117(a) and 2.127(a), and TBMP §
`
`510.02(a).
`
`Applicant and Opposer Etsy, Inc. (“Opposer”) are involved in litigation pending before
`
`the United States District Court for the District of Utah, Central Division, entitled Pattern Inc. v.
`
`Etsy, Inc., Civil Action No. 2:20-cv-00206-HCN (the “Federal Action”). Attached hereto as
`
`Exhibit A is a copy of the Complaint filed in the Federal Action on March 27, 2020. The
`
`Federal Action involves the same mark and the same issues as those involved in the instant
`
`Opposition Proceeding. Applicant asks the Court in the Federal Action for a declaratory
`
`judgment confirming Applicant’s right to use the mark for its goods and services and of non-
`
`infringement of Opposer’s mark. Thus, the pending federal litigation will address the issue of
`
`
`
`1
`
`

`

`whether Applicant’s mark is confusingly similar to Registrant’s mark, which is the issue raised
`
`in the instant Opposition Proceeding. See Notice of Opposition ¶¶ 7-10. As a result, the
`
`determination of the issues raised in the Federal Action will be dispositive of all issues raised in
`
`the Opposition Proceeding.
`
`Suspension of the Opposition Proceeding will also avoid the unnecessary expenditure of
`
`the Board’s resources as well as the resources of the parties in litigating the same issues in two
`
`forums. It would also avoid the potential for inconsistent results. Where the parties to a
`
`proceeding before the Board are involved in a civil action, the final determination of which will
`
`have a bearing on the proceeding before the Board, those proceedings should be suspended until
`
`final determination of the civil action. See 37 C.F.R. § 2.117(a); Miller v. B&H Foods, Inc., 209
`
`U.S.P.Q. 357, 359 (T.T.A.B. Jan. 5, 1981) (“Thus, under normal circumstances, where, as here,
`
`the civil action between the parties may be dispositive or have a direct bearing on the issues in a
`
`proceeding before the Board, it is the practice to suspend the proceeding before the Board to
`
`await the outcome of the civil action and to determine its effect on the issues in the action in the
`
`Patent and Trademark Office.”).
`
`If the Board decides to deny the present Motion to Suspend, Applicant hereby moves
`
`pursuant to TBMP § 502.04, to extend the deadline for all discovery, testimony, and trial dates
`
`by ninety (90) days, based on the date of the Board’s decision.
`
`For the above reasons, Applicant respectfully requests that the Board grant this Motion to
`
`Suspend the above-captioned Opposition Proceeding pending the final disposition of the Federal
`
`Action.
`
`//
`
`//
`
`
`
`2
`
`

`

`Dated: March 27, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Tiffany Shimada
`Lisa A. Osman
`Tiffany D.W. Shimada
`DORSEY & WHITNEY LLP
`1400 Wewatta Street, Suite 400
`Denver, CO 80202-5549
`T: 303-629-3400
`docketing-dv@dorsey.com
`osman.lisa@dorsey.com
`shimada.tiffany@dorsey.com
`
`Attorneys for Applicant Pattern Inc.
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and complete copy of the foregoing MOTION TO SUSPEND
`
`PROCEEDINGS IN VIEW OF PENDING CIVIL ACTION PURSUANT TO
`
`TRADEMARK RULE 2.117(a) has been served via email on March 27, 2020, to:
`
`David A.W. Wong
`Kathleen S. Fennessy
`BARNES & THORNBURG LLP
`11 South Meridian Street
`Indianapolis, IN 46204
`dwong@btlaw.com
`kfennessy@btlaw.com
`tmindocket@btlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/_Tiffany Shimada______
`Tiffany D.W. Shimada
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`EXHIBIT A 
`
`EXHIBIT A
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 1 of 11
`
`Brett L. Foster (#6089)
`Tamara L. Kapaloski (#13471)
`DORSEY & WHITNEY LLP
`111 S. Main Street, Suite 2100
`Salt Lake City, UT 84111
`Telephone: (801) 933-7360
`Facsimile: (801) 933-7373
`foster.brett@dorsey.com
`kapaloski.tammy@dorsey.com
`
`Attorneys for Plaintiff Pattern Inc.
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
`
`PATTERN INC.,
`
`Plaintiff,
`
`vs.
`
`ETSY, INC.,
`
`Defendant.
`
`
`
`COMPLAINT FOR DECLARATORY
`JUDGMENT
`
`Civil No. No. 2:20-cv-00206-HCN
`
`Judge Howard C. Nielson, Jr.
`
`
`
`Plaintiff Pattern Inc. (“Plaintiff” or “Pattern”), by and through its attorneys, for its
`
`complaint against Etsy, Inc. (“Defendant” or “Etsy”), alleges as follows:
`
`NATURE OF ACTION AND RELIEF SOUGHT
`
`1.
`
`Pattern brings this action under the Declaratory Judgment Act, 28 U.S.C. § 2201,
`
`et seq., to bring a halt to Etsy’s acts of trademark bullying related to Pattern’s “Pattern”
`
`trademark. Pattern seeks a declaratory judgment that it has not infringed and does not infringe
`
`Etsy’s PATTERN trademark and confirming Pattern’s right to use the name and mark
`
`PATTERN for its goods and services.
`
`
`
`
`
`4845-9654-3928\1
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 2 of 11
`
`PARTIES
`
`2.
`
`Pattern is a Utah corporation with its principal place of business at 1633 West
`
`Innovation Way, Suite 300, Lehi, Utah.
`
`3.
`
`Upon information and belief, Etsy is a Delaware corporation, with its principal
`
`place of business at 117 Adams Street, Brooklyn, New York.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331, 1338. The claims alleged in this Complaint arise under the Declaratory
`
`Judgment Act, 28 U.S.C. § 2201, and the Lanham Act, 15 U.S.C. § 1052, et seq.
`
`5.
`
`This Court has personal jurisdiction over Etsy because, upon information and
`
`belief, Etsy has established minimum contacts with this forum. On information and belief, Etsy
`
`regularly and continuously transacts business in the State of Utah, including by regularly
`
`soliciting business in Utah and selling its services under the PATTERN mark to residents and
`
`consumers located in the state of Utah. Upon information and belief, Etsy also regularly and
`
`continuously advertises its services in the State of Utah, through its interactive website, the
`
`internet, and other sources, and enters into contracts with Utah residents for services provided
`
`under Etsy’s PATTERN mark. By virtue of these actions, Etsy has purposefully availed itself of
`
`the privilege of conducting business in this State and in this judicial District.
`
`6.
`
`Venue is proper in this District under 28 U.S.C. § 1391(b) because, upon
`
`information and belief, a substantial part of the events giving rise to Pattern’s claims occurred in
`
`this District and because Etsy is subject to personal jurisdiction in this District.
`
`4845-9654-3928\1
`
`2
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 3 of 11
`
`7.
`
`An actual case or controversy exists between the parties. Etsy has opposed
`
`Pattern’s Application to register its PATTERN mark in the United States Patent & Trademark
`
`Office (PTO Opposition Proceeding), asserting that Pattern’s use of the PATTERN mark “is
`
`likely to cause confusion, deception, and mistake as to the origin of [Pattern’s] services and to
`
`confuse, mislead and deceive members of the public into believing that [Pattern’s] services
`
`originate from, or are sponsored, approved or licensed by [Etsy],” and has asserted that Pattern is
`
`engaging in acts of trademark infringement. Etsy has attempted to restrict and limit Pattern’s use
`
`of the PATTERN mark. The PTO Opposition Proceeding only concerns Pattern’s ability to
`
`register the PATTERN mark. There is no likelihood of confusion. There is no trademark
`
`infringement. The parties have engaged in amicable attempts to resolve this dispute, but those
`
`efforts failed. Pattern has been forced to file this action seeking a declaration that it is not
`
`engaging in any acts of trademark infringement so that Pattern will be free to use its PATTERN
`
`mark without the threat of a future trademark infringement lawsuit by Etsy.
`
`GENERAL ALLEGATIONS
`
`8.
`
`Pattern is essentially an intelligence-based sales company. Pattern generates over
`
`95% of its revenue from buying and reselling its partners’ products through its own storefronts
`
`on existing marketplaces, such as Amazon. Pattern also provides specialized ecommerce
`
`services to its partners, who have well-established brands with a large ecommerce presence on
`
`Amazon, eBay, and other international marketplaces. Pattern’s partners are large companies that
`
`typically have millions of dollars in annual sales. Examples of Pattern partners include
`
`Skullcandy, Popsockets, Clorox, and Panasonic. Pattern generally provides its partners access to
`
`its ecommerce services at no charge when those partners engage Pattern as their exclusive
`
`4845-9654-3928\1
`
`3
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 4 of 11
`
`reseller on marketplaces. In fact, most Pattern partners do not pay Pattern a single dollar – rather
`
`it is Pattern that buys high volumes of product from its partners. Pattern resells its partners’
`
`products and helps its partners control and increase their ecommerce sales by analyzing
`
`mathematical and other patterns in data. Pattern also arranges for large-scale online distribution
`
`and logistics. But, Pattern does not specialize in, or even advertise, website building or website
`
`hosting services. Rather, Pattern’s business model is to use data patterns to drive sales to its
`
`partners’ pre-existing websites and to its own marketplace storefronts where Pattern resells its
`
`partners’ products. Pattern has been providing its data-driven services to its partners under the
`
`name Pattern since January of 2019.
`
`9.
`
`On November 14, 2018, Pattern filed U.S. Trademark Application Serial No.
`
`88/194,208 to register the term “Pattern” as a service mark in connection with e-commerce
`
`services (the “Application”). A true and correct copy of the Application is attached hereto as
`
`Exhibit A.
`
`10.
`
`Pattern’s “Pattern” mark was filed in the following International Classes and with
`
`the description of goods set forth below:
`
`a) International Class 042 for “Software as a service (SAAS) services featuring
`
`software for minimum advertised price (MAP) compliance and sales
`
`management”;
`
`b) International Class 041 for “Product photography for business services”; and
`
`c) International Class 035 for “Monitoring minimum advertised price (MAP)
`
`pricing, including but not limited to, minimum advertised price (MAP) and
`
`manufacturer suggested retail price, for business purposes; inventory
`
`4845-9654-3928\1
`
`4
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 5 of 11
`
`management; order fulfillment services; transportation logistics services,
`
`namely, arranging the transportation of goods for others; three-dimensional
`
`rendering of products for business purposes, namely, demonstration of
`
`products; retail store services featuring consumer electronics, nutritional
`
`supplements, health and wellness products, clothing, clothing accessories, pet
`
`supplies, HVAC supplies, medical devices, automotive parts and general
`
`consumer merchandise and general consumer goods, namely a wide variety of
`
`consumer goods of others.”
`
`11.
`
`Upon information and belief, Defendant Etsy provides a website building service
`
`under the name PATTERN to customers with existing Etsy shops. Consumers who utilize Etsy’s
`
`Pattern website building services are typically small or start-up business owners selling
`
`handmade, unique, or vintage goods on Etsy. Consumers with existing Etsy shops use Etsy’s
`
`Pattern services to quickly set up a website that works in conjunction with their Etsy shops to sell
`
`their products. Upon information and belief, the core of Etsy’s Pattern business is website
`
`building and hosting.
`
`12.
`
`Etsy is the record owner of U.S. Registration No. 5,984,660 for the mark
`
`PATTERN in International Class 042 for use in connection with services related to website
`
`hosting, among other things, and in International Class 041 for use in connection with services
`
`related to online journals, namely, blogs featuring information on computer applications and
`
`website development and design, among other things. Etsy claims a first use of the PATTERN
`
`mark in connection with the foregoing services of April 5, 2016. A true and correct copy of the
`
`4845-9654-3928\1
`
`5
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 6 of 11
`
`foregoing registration from the U.S. Patent and Trademark Office is attached hereto as Exhibit
`
`B.
`
`13.
`
`On February 18, 2020, Etsy filed an opposition to Pattern’s Application with the
`
`United States Trademark Trial and Appeal Board, and, thereafter, has advised Pattern that Etsy
`
`claims the exclusive right to use the term “Pattern” as a mark in connection with ecommerce
`
`services, that Pattern’s use of the mark “Pattern” for its services infringes upon Etsy’s
`
`PATTERN mark, and therefore Etsy objects to Pattern’s use of the term “Pattern” for its
`
`services.
`
`14.
`
`In light of Etsy’s specific assertion that Pattern is infringing the PATTERN mark,
`
`and its assertions that it will take legal action against Pattern, an actual and substantial
`
`controversy now exists between Pattern and Etsy as to whether Pattern, in its use of the term
`
`“Pattern,” has infringed Etsy’s PATTERN mark.
`
`15.
`
`There is no likelihood of confusion between Etsy’s Pattern website building
`
`service and Pattern’s data-driven ecommerce services. The term “Pattern” is not distinctive of
`
`the services of Etsy. Therefore, Etsy is not entitled to claim the exclusive right to use “Pattern”
`
`as a mark in connection with ecommerce services of any kind. The scope of goods and services
`
`in all of ecommerce is far too broad to give Etsy exclusive rights to use the PATTERN mark in
`
`all ecommerce.
`
`16.
`
`Pattern’s use of the term Pattern and the PATTERN mark has not actually caused,
`
`and is not likely to cause confusion, mistake, or deception as to the origin, sponsorship, or
`
`approval of either party’s mark, goods, or services. The public is not likely to confuse Etsy’s
`
`website building service provided under the PATTERN mark for Etsy shop owners with
`
`4845-9654-3928\1
`
`6
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 7 of 11
`
`Pattern’s ecommerce solution for large companies with established brands. Pattern has provided
`
`its services using the term “Pattern” and under the Pattern mark since January of 2019, and is not
`
`aware of even a single incident of consumer confusion between Etsy’s Pattern services and
`
`Pattern’s services.
`
`17.
`
`There is no relationship between Etsy’s and Pattern’s services. The services of
`
`the parties are completely different, and are offered in distinct channels of trade to different
`
`classes of purchasers who are not likely to confuse Etsy’s website building services with
`
`Pattern’s formulaic approach for brand management.
`
`18.
`
`Pattern markets its services as driving business for well-established brands on
`
`internet platforms, such as Amazon, by developing custom ecommerce solutions through
`
`Pattern’s proprietary software, data-driven Search Engine Optimization, and content
`
`performance analyses. Pattern drives sales by continually measuring data points on ecommerce
`
`platforms to find trends in consumer behavior and by discovering mathematical sequences to
`
`forecast, predict, and expose trends on online marketplaces.
`
`19.
`
`Pattern’s partners have widely-known brands with millions of dollars in annual
`
`sales. Although Pattern’s partners do not pay Pattern for its services, they are generally required
`
`to enter into exclusive agreements with Pattern pursuant to which they expect millions of dollars
`
`in annual revenue and thousands of sales to come from Pattern. By entering into an exclusive
`
`relationship with Pattern, Pattern’s partners are giving up their ability to sell on major platforms,
`
`such as Amazon, except through Pattern. As a result, purchasers of Pattern’s services are likely
`
`to exercise a very high degree of care when deciding to do business with Pattern.
`
`4845-9654-3928\1
`
`7
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 8 of 11
`
`20.
`
`By contrast, Etsy’s Pattern service allows Etsy shop owners to use Pattern to
`
`“easily build a website in minutes.” See www.etsy.com/pattern. Typical consumers of Etsy
`
`Pattern are start-up entrepreneurs who want a simple, low-cost, and easy-to-build website on
`
`which to sell their products in conjunction with their Etsy shop. Etsy’s Pattern services cater to
`
`small business owners and are low-cost. Etsy advertises that a “Pattern website is free for 30
`
`days, then you will be charged $15 per month.” Id.
`
`21.
`
`There is thus no similarity between the services offered by Etsy and Pattern. The
`
`two companies offer completely different services to different consumers – i.e., Pattern provides
`
`formula-driven and complex intelligence solutions as well as large-scale, exclusive online resale
`
`distribution and logistics to large, well-established companies whereas Etsy allows small start-up
`
`Etsy shop owners to build a website. Because Pattern and Etsy provide different services to
`
`consumers in entirely different classes, it is extremely unlikely that Pattern’s use of the term
`
`“Pattern” or the PATTERN mark will cause confusion with respect to Etsy’s PATTERN mark.
`
`22.
`
`Finally, the term “Pattern” is not a coined term. It is a word that is commonly
`
`known, seen, and used throughout the United States. There are numerous applications and live
`
`registrations for identical or highly similar Marks, many of which are currently in use, including
`
`the following:
`
`a)
`
`Application Serial No. 88977070 for “Pattern” in International Class 035,
`
`among others, for “use in transaction processing in connection with online
`
`retail store services,” among other things.
`
`b)
`
`Application Serial No. 88314610 for “Pattern” in International Class 020
`
`for “home furnishings and décor,” among other things.
`
`4845-9654-3928\1
`
`8
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 9 of 11
`
`c)
`
`Application Serial No. 88376795 for “Pattrn” in International Class 041
`
`for “Entertainment services, namely, an ongoing multimedia program
`
`featuring climate, weather, science, and technology content distributed via
`
`various platforms across multiple forms of transmission media.”
`
`d)
`
`Registration No. 5771437 for “Pattern” in International Class 041 for
`
`“Entertainment services, namely, an ongoing multimedia program
`
`featuring climate, weather, science, and technology content distributed via
`
`various platforms across multiple forms of transmission media.”
`
`e)
`
`Application Serial No. 88311042 for “Pattern” in International Class 009
`
`for “downloadable computer software for use in the healthcare field,”
`
`among other things.
`
`f)
`
`Application Serial No. 88265729 for “Patterns” in International Class 009
`
`for “Downloadable educational course materials in the field of foreign
`
`language study,” among other things.
`
`g)
`
`Registration No. 5957107 for “Pattern” in International Class 024 for
`
`“Towels; turban towels for drying hair.”
`
`h)
`
`Application Serial No. 88587658 for “The Pattern” in International Class
`
`042, among others, for “Providing online, non-downloadable software for
`
`providing horoscopes and astrological information.”
`
`23. Moreover, there are other companies offering ecommerce services on the internet
`
`using the name Pattern. For example, a California-based digital design and ecommerce agency
`
`operates under the name “Pattern.” See https://www.thisispattern.com.
`
`4845-9654-3928\1
`
`9
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 10 of 11
`
`24.
`
`The PATTERN mark coexists with other “Pattern” marks and consumers are able
`
`to differentiate between sources based on trade channels and services offered. Consumers will
`
`not be confused by Pattern’s use of its PATTERN mark here, and Etsy cannot claim exclusive
`
`use of the term “Pattern” for all ecommerce services.
`
`FIRST CLAIM FOR RELIEF
`
`(Declaratory Judgment of Non-Infringement)
`
`25.
`
`Plaintiff repeats and realleges the allegations contained in the foregoing
`
`paragraphs as if fully set forth herein.
`
`26.
`
`Etsy has accused Pattern of infringing Etsy’s Pattern trademark, has opposed
`
`Pattern’s attempt to register the PATTERN mark with the USPTO, and Pattern now conducts
`
`business under the threat that Etsy may bring a trademark infringement action against Pattern if it
`
`continues to use the PATTERN mark.
`
`27.
`
`An actual justiciable controversy exists by way of the credible threat of immediate
`
`litigation if Pattern does not cease and desist from offering its services under the “Pattern” mark.
`
`28.
`
`For the reasons stated herein, Pattern’s use of the trademark PATTERN is not
`
`likely to cause confusion or mistake or deceive as to the source of any goods or services or as to
`
`any affiliation, connection, or association between Pattern and Etsy.
`
`29.
`
`Pattern seeks a declaratory judgment from this Court that its PATTERN mark is
`
`not likely to cause confusion between Pattern’s goods and those of Etsy.
`
`30.
`
`Pattern has suffered damages from Etsy’s false accusation of trademark
`
`infringement and seeks appropriate compensation and attorney’s fees.
`
`
`
`
`
`4845-9654-3928\1
`
`10
`
`

`

`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 11 of 11
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff requests that the Court enter judgment in its favor as follows:
`
`A.
`
`Declaring that Plaintiff’s conduct, including its marketing and sale of services
`
`under the PATTERN mark, does not constitute trademark infringement.
`
`B.
`
`Declaring that Plaintiff is entitled to market and sell its services under the
`
`PATTERN mark.
`
`C.
`
`D.
`
`Awarding Plaintiff its costs, expenses, and attorneys’ fees in this action; and
`
`Awarding such other further relief to which Plaintiff may be entitled as a matter
`
`of law or equity, or which the Court deems just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a trial by jury on all issues so triable.
`
`DATED this 27th day of March, 2020.
`
`Dorsey & Whitney LLP
`
`/s/ Brett L. Foster
`Brett L. Foster
`Tamara L. Kapaloski
`Attorneys for Plaintiff Pattern Inc.
`
`
`
`
`
`
`
`4845-9654-3928\1
`
`
`
`11
`
`

`

`Case 2:20-cv-00206-HCN Document 2-1 Filed 03/27/20 Page 1 of 7
`Case 2:20-cv-00206—HCN Document 2—1 Filed 03/27/20 Page 1 of 7
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`Case 2:20-cv-00206-HCN Document 2-1 Filed 03/27/20 Page 2 of 7
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 88194208
`Filing Date: 11/14/2018
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`MARK INFORMATION
`
`*MARK
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`LITERAL ELEMENT
`
`MARK STATEMENT
`
`REGISTER
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. and certain international addresses)
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`STATE/COUNTRY OF INCORPORATION
`
`88194208
`
`PATTERN
`
`YES
`
`YES
`
`PATTERN
`
`The mark consists of standard characters, without claim to any
`particular font style, size, or color.
`
`Principal
`
`iServe Products, Inc.
`
`870 N 100 E STE 107
`
`Lehi
`
`Utah
`
`United States
`
`84043
`
`corporation
`
`Utah
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`035 
`
`*IDENTIFICATION
`
`Monitoring pricing for business purposes; inventory
`management; order fulfillment services; transportation
`logistics services, namely, arranging the transportation of
`goods for others; three-dimensional rendering of products for
`business purposes; retail store services featuring consumer
`electronics, nutritional supplements, health and wellness
`products, clothing, clothing accessories, pet supplies, HVAC
`supplies, medical devices, automotive parts and general
`merchandise and general consumer goods
`
`FILING BASIS
`
`INTERNATIONAL CLASS
`
`SECTION 1(b)
`
`041 
`
`

`

`Case 2:20-cv-00206-HCN Document 2-1 Filed 03/27/20 Page 3 of 7
`
`*IDENTIFICATION
`
`FILING BASIS
`
`INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`FILING BASIS
`
`ATTORNEY INFORMATION
`
`NAME
`
`ATTORNEY DOCKET NUMBER
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`EMAIL ADDRESS
`
`Product photography for business services
`
`SECTION 1(b)
`
`042 
`
`Software as a service (SAAS) services featuring software for
`minimum advertised price (MAP) compliance and sales
`management
`
`SECTION 1(b)
`
`Lisa A. Osman
`
`T279328.US.0
`
`Dorsey & Whitney LLP
`
`IP Docketing
`
`1400 Wewatta Street, Suite 400
`
`Denver
`
`Colorado
`
`United States
`
`80202-5549
`
`303-629-3400
`
`303-629-3450
`
`docketing-dv@dorsey.com
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`OTHER APPOINTED ATTORNEY
`
`Charlene M. Krogh, Tiffany D.W. Shimada, and Jacob A. Holt
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`FIRM NAME
`
`INTERNAL ADDRESS
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`Lisa A. Osman
`
`Dorsey & Whitney LLP
`
`IP Docketing
`
`1400 Wewatta Street, Suite 400
`
`Denver
`
`Colorado
`
`United States
`
`80202-5549
`
`303-629-3400
`
`303-629-3450
`
`*EMAIL ADDRESS
`
`docketing-dv@dorsey.com
`
`*AUTHORIZED TO COMMUNICATE VIA EMAIL
`
`Yes
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`NUMBER OF CLASSES
`
`TEAS RF
`
`3
`
`

`

`Case 2:20-cv-00206-HCN Document 2-1 Filed 03/27/20 Page 4 of 7
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`*TOTAL FEE DUE
`
`*TOTAL FEE PAID
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`275
`
`825
`
`825
`
`/Jeffrey Jarvie/
`
`Jeffrey Jarvie
`
`CFO
`
`11/14/2018
`
`

`

`Case 2:20-cv-00206-HCN Document 2-1 Filed 03/27/20 Page 5 of 7
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1478 (Rev 09/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2021)
`

`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 88194208
`Filing Date: 11/14/2018
`
`To the Commissioner for Trademarks:
`
`MARK: PATTERN (Standard Characters, see mark)
`The literal element of the mark consists of PATTERN.
`The mark consists of standard characters, without claim to any particular font style, size, or color.
`
`The applicant, iServe Products, Inc., a corporation of Utah, having an address of
`      870 N 100 E STE 107
`      Lehi, Utah 84043
`      United States
`
`requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
`established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
`
`       International Class 035:  Monitoring pricing for business purposes; inventory management; order fulfillment services; transportation logistics
`services, namely, arranging the transportation of goods for others; three-dimensional rendering of products for business purposes; retail store
`services featuring consumer electronics, nutritional supplements, health and wellness products, clothing, clothing accessories, pet supplies,
`HVAC supplies, medical devices, automotive parts and general merchandise and general consumer goods
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`       International Class 041:  Product photography for business services
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`       International Class 042:  Software as a service (SAAS) services featuring software for minimum advertised price (MAP) compliance and
`sales management
`Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
`goods/services.
`
`The applicant's current Attorney Information:
`      Lisa A. Osman and Charlene M. Krogh, Tiffany D.W. Shimada, and Jacob A. Holt of Dorsey & Whitney LLP
`      IP Docketing
`      1400 Wewatta Street, Suite 400
`      Denver, Colorado 80202-5549
`      United States
`      303-629-3400(phone)
`      303-629-3450(fax)
`      docketing-dv@dorsey.com (authorized)
`The attorney docket/reference number is T279328.US.0.
`The applicant's current Correspondence Information:
`
`      Lisa A. Osman
`
`      Dorsey & Whitney LLP
`
`      IP Docketing
`      1400 Wewatta Street, Suite 400
`
`      Denver, Colorado 80202-5549
`
`      303-629-3400(phone)
`
`      303-629-3450(fax)
`
`      docketing-dv@dorsey.com (authorized)
`
`

`

`Case 2:20-cv-00206-HCN Document 2-1 Filed 03/27/20 Page 6 of 7
`
`E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's
`attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address
`must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the
`Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to
`submit an additional processing fee of $125 per international class of goods/services.
`
`A fee payment in the amount of $825 has been submitted with the application, representing payment for 3 class(es).
`
`Declaration
`
`Basis:
`If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):
`
`The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
`The mark is in use in commerce on or in connection with the goods/services in the application;
`The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`And/Or
`If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
`and/or § 1126(e):
`
`The signatory believes that the applicant is entitled to use the mark in commerce;
`The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the
`application; and
`To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
`
`To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
`mark in commerce, either in the identical form or in such

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket