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`ESTTA Tracking number:
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`ESTTA1045498
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`Filing date:
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`03/27/2020
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91254145
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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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`Attachments
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`Defendant
`PATTERN INC.
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`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
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`Motion to Suspend for Civil Action
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`Tiffany D.W. Shimada
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`docketing-dv@dorsey.com, shimada.tiffany@dorsey.com, os-
`man.lisa@dorsey.com
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`/Tiffany Shimada/
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`03/27/2020
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`2020-03-27 - Motion to Suspend Proceeding.pdf(20986 bytes )
`Exhibit A - Complaint with attachments.pdf(336359 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial No. 88/194,208
`Published in the Official Gazette of October 22, 2019
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`ETSY, INC.,
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`Opposer,
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`v.
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`PATTERN INC.,
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`Applicant.
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`Opposition No. 91254145
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`MOTION TO SUSPEND PROCEEDINGS IN VIEW OF PENDING
`CIVIL ACTION PURSUANT TO TRADEMARK RULE 2.117(a)
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`Applicant Pattern Inc. (“Applicant”) hereby moves the Trademark Trial and Appeal
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`Board (“Board”) to suspend the above-captioned Opposition Proceeding, pending determination
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`of a pending civil action, pursuant to Trademark Rules 2.117(a) and 2.127(a), and TBMP §
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`510.02(a).
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`Applicant and Opposer Etsy, Inc. (“Opposer”) are involved in litigation pending before
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`the United States District Court for the District of Utah, Central Division, entitled Pattern Inc. v.
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`Etsy, Inc., Civil Action No. 2:20-cv-00206-HCN (the “Federal Action”). Attached hereto as
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`Exhibit A is a copy of the Complaint filed in the Federal Action on March 27, 2020. The
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`Federal Action involves the same mark and the same issues as those involved in the instant
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`Opposition Proceeding. Applicant asks the Court in the Federal Action for a declaratory
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`judgment confirming Applicant’s right to use the mark for its goods and services and of non-
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`infringement of Opposer’s mark. Thus, the pending federal litigation will address the issue of
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`whether Applicant’s mark is confusingly similar to Registrant’s mark, which is the issue raised
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`in the instant Opposition Proceeding. See Notice of Opposition ¶¶ 7-10. As a result, the
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`determination of the issues raised in the Federal Action will be dispositive of all issues raised in
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`the Opposition Proceeding.
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`Suspension of the Opposition Proceeding will also avoid the unnecessary expenditure of
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`the Board’s resources as well as the resources of the parties in litigating the same issues in two
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`forums. It would also avoid the potential for inconsistent results. Where the parties to a
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`proceeding before the Board are involved in a civil action, the final determination of which will
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`have a bearing on the proceeding before the Board, those proceedings should be suspended until
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`final determination of the civil action. See 37 C.F.R. § 2.117(a); Miller v. B&H Foods, Inc., 209
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`U.S.P.Q. 357, 359 (T.T.A.B. Jan. 5, 1981) (“Thus, under normal circumstances, where, as here,
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`the civil action between the parties may be dispositive or have a direct bearing on the issues in a
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`proceeding before the Board, it is the practice to suspend the proceeding before the Board to
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`await the outcome of the civil action and to determine its effect on the issues in the action in the
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`Patent and Trademark Office.”).
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`If the Board decides to deny the present Motion to Suspend, Applicant hereby moves
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`pursuant to TBMP § 502.04, to extend the deadline for all discovery, testimony, and trial dates
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`by ninety (90) days, based on the date of the Board’s decision.
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`For the above reasons, Applicant respectfully requests that the Board grant this Motion to
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`Suspend the above-captioned Opposition Proceeding pending the final disposition of the Federal
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`Action.
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`//
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`Dated: March 27, 2020
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`/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
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`Attorneys for Applicant Pattern Inc.
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing MOTION TO SUSPEND
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`PROCEEDINGS IN VIEW OF PENDING CIVIL ACTION PURSUANT TO
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`TRADEMARK RULE 2.117(a) has been served via email on March 27, 2020, to:
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`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
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`/s/_Tiffany Shimada______
`Tiffany D.W. Shimada
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`4
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`EXHIBIT A
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`EXHIBIT A
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 1 of 11
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`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
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`Attorneys for Plaintiff Pattern Inc.
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
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`PATTERN INC.,
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`Plaintiff,
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`vs.
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`ETSY, INC.,
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`Defendant.
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`COMPLAINT FOR DECLARATORY
`JUDGMENT
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`Civil No. No. 2:20-cv-00206-HCN
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`Judge Howard C. Nielson, Jr.
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`Plaintiff Pattern Inc. (“Plaintiff” or “Pattern”), by and through its attorneys, for its
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`complaint against Etsy, Inc. (“Defendant” or “Etsy”), alleges as follows:
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`NATURE OF ACTION AND RELIEF SOUGHT
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`1.
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`Pattern brings this action under the Declaratory Judgment Act, 28 U.S.C. § 2201,
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`et seq., to bring a halt to Etsy’s acts of trademark bullying related to Pattern’s “Pattern”
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`trademark. Pattern seeks a declaratory judgment that it has not infringed and does not infringe
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`Etsy’s PATTERN trademark and confirming Pattern’s right to use the name and mark
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`PATTERN for its goods and services.
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 2 of 11
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`PARTIES
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`2.
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`Pattern is a Utah corporation with its principal place of business at 1633 West
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`Innovation Way, Suite 300, Lehi, Utah.
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`3.
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`Upon information and belief, Etsy is a Delaware corporation, with its principal
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`place of business at 117 Adams Street, Brooklyn, New York.
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`JURISDICTION AND VENUE
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`4.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
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`U.S.C. §§ 1331, 1338. The claims alleged in this Complaint arise under the Declaratory
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`Judgment Act, 28 U.S.C. § 2201, and the Lanham Act, 15 U.S.C. § 1052, et seq.
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`5.
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`This Court has personal jurisdiction over Etsy because, upon information and
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`belief, Etsy has established minimum contacts with this forum. On information and belief, Etsy
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`regularly and continuously transacts business in the State of Utah, including by regularly
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`soliciting business in Utah and selling its services under the PATTERN mark to residents and
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`consumers located in the state of Utah. Upon information and belief, Etsy also regularly and
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`continuously advertises its services in the State of Utah, through its interactive website, the
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`internet, and other sources, and enters into contracts with Utah residents for services provided
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`under Etsy’s PATTERN mark. By virtue of these actions, Etsy has purposefully availed itself of
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`the privilege of conducting business in this State and in this judicial District.
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`6.
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`Venue is proper in this District under 28 U.S.C. § 1391(b) because, upon
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`information and belief, a substantial part of the events giving rise to Pattern’s claims occurred in
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`this District and because Etsy is subject to personal jurisdiction in this District.
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 3 of 11
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`7.
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`An actual case or controversy exists between the parties. Etsy has opposed
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`Pattern’s Application to register its PATTERN mark in the United States Patent & Trademark
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`Office (PTO Opposition Proceeding), asserting that Pattern’s use of the PATTERN mark “is
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`likely to cause confusion, deception, and mistake as to the origin of [Pattern’s] services and to
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`confuse, mislead and deceive members of the public into believing that [Pattern’s] services
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`originate from, or are sponsored, approved or licensed by [Etsy],” and has asserted that Pattern is
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`engaging in acts of trademark infringement. Etsy has attempted to restrict and limit Pattern’s use
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`of the PATTERN mark. The PTO Opposition Proceeding only concerns Pattern’s ability to
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`register the PATTERN mark. There is no likelihood of confusion. There is no trademark
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`infringement. The parties have engaged in amicable attempts to resolve this dispute, but those
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`efforts failed. Pattern has been forced to file this action seeking a declaration that it is not
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`engaging in any acts of trademark infringement so that Pattern will be free to use its PATTERN
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`mark without the threat of a future trademark infringement lawsuit by Etsy.
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`GENERAL ALLEGATIONS
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`8.
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`Pattern is essentially an intelligence-based sales company. Pattern generates over
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`95% of its revenue from buying and reselling its partners’ products through its own storefronts
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`on existing marketplaces, such as Amazon. Pattern also provides specialized ecommerce
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`services to its partners, who have well-established brands with a large ecommerce presence on
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`Amazon, eBay, and other international marketplaces. Pattern’s partners are large companies that
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`typically have millions of dollars in annual sales. Examples of Pattern partners include
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`Skullcandy, Popsockets, Clorox, and Panasonic. Pattern generally provides its partners access to
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`its ecommerce services at no charge when those partners engage Pattern as their exclusive
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 4 of 11
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`reseller on marketplaces. In fact, most Pattern partners do not pay Pattern a single dollar – rather
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`it is Pattern that buys high volumes of product from its partners. Pattern resells its partners’
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`products and helps its partners control and increase their ecommerce sales by analyzing
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`mathematical and other patterns in data. Pattern also arranges for large-scale online distribution
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`and logistics. But, Pattern does not specialize in, or even advertise, website building or website
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`hosting services. Rather, Pattern’s business model is to use data patterns to drive sales to its
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`partners’ pre-existing websites and to its own marketplace storefronts where Pattern resells its
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`partners’ products. Pattern has been providing its data-driven services to its partners under the
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`name Pattern since January of 2019.
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`9.
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`On November 14, 2018, Pattern filed U.S. Trademark Application Serial No.
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`88/194,208 to register the term “Pattern” as a service mark in connection with e-commerce
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`services (the “Application”). A true and correct copy of the Application is attached hereto as
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`Exhibit A.
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`10.
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`Pattern’s “Pattern” mark was filed in the following International Classes and with
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`the description of goods set forth below:
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`a) International Class 042 for “Software as a service (SAAS) services featuring
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`software for minimum advertised price (MAP) compliance and sales
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`management”;
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`b) International Class 041 for “Product photography for business services”; and
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`c) International Class 035 for “Monitoring minimum advertised price (MAP)
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`pricing, including but not limited to, minimum advertised price (MAP) and
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`manufacturer suggested retail price, for business purposes; inventory
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 5 of 11
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`management; order fulfillment services; transportation logistics services,
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`namely, arranging the transportation of goods for others; three-dimensional
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`rendering of products for business purposes, namely, demonstration of
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`products; retail store services featuring consumer electronics, nutritional
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`supplements, health and wellness products, clothing, clothing accessories, pet
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`supplies, HVAC supplies, medical devices, automotive parts and general
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`consumer merchandise and general consumer goods, namely a wide variety of
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`consumer goods of others.”
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`11.
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`Upon information and belief, Defendant Etsy provides a website building service
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`under the name PATTERN to customers with existing Etsy shops. Consumers who utilize Etsy’s
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`Pattern website building services are typically small or start-up business owners selling
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`handmade, unique, or vintage goods on Etsy. Consumers with existing Etsy shops use Etsy’s
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`Pattern services to quickly set up a website that works in conjunction with their Etsy shops to sell
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`their products. Upon information and belief, the core of Etsy’s Pattern business is website
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`building and hosting.
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`12.
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`Etsy is the record owner of U.S. Registration No. 5,984,660 for the mark
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`PATTERN in International Class 042 for use in connection with services related to website
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`hosting, among other things, and in International Class 041 for use in connection with services
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`related to online journals, namely, blogs featuring information on computer applications and
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`website development and design, among other things. Etsy claims a first use of the PATTERN
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`mark in connection with the foregoing services of April 5, 2016. A true and correct copy of the
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 6 of 11
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`foregoing registration from the U.S. Patent and Trademark Office is attached hereto as Exhibit
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`B.
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`13.
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`On February 18, 2020, Etsy filed an opposition to Pattern’s Application with the
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`United States Trademark Trial and Appeal Board, and, thereafter, has advised Pattern that Etsy
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`claims the exclusive right to use the term “Pattern” as a mark in connection with ecommerce
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`services, that Pattern’s use of the mark “Pattern” for its services infringes upon Etsy’s
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`PATTERN mark, and therefore Etsy objects to Pattern’s use of the term “Pattern” for its
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`services.
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`14.
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`In light of Etsy’s specific assertion that Pattern is infringing the PATTERN mark,
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`and its assertions that it will take legal action against Pattern, an actual and substantial
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`controversy now exists between Pattern and Etsy as to whether Pattern, in its use of the term
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`“Pattern,” has infringed Etsy’s PATTERN mark.
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`15.
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`There is no likelihood of confusion between Etsy’s Pattern website building
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`service and Pattern’s data-driven ecommerce services. The term “Pattern” is not distinctive of
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`the services of Etsy. Therefore, Etsy is not entitled to claim the exclusive right to use “Pattern”
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`as a mark in connection with ecommerce services of any kind. The scope of goods and services
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`in all of ecommerce is far too broad to give Etsy exclusive rights to use the PATTERN mark in
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`all ecommerce.
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`16.
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`Pattern’s use of the term Pattern and the PATTERN mark has not actually caused,
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`and is not likely to cause confusion, mistake, or deception as to the origin, sponsorship, or
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`approval of either party’s mark, goods, or services. The public is not likely to confuse Etsy’s
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`website building service provided under the PATTERN mark for Etsy shop owners with
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`4845-9654-3928\1
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`6
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 7 of 11
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`Pattern’s ecommerce solution for large companies with established brands. Pattern has provided
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`its services using the term “Pattern” and under the Pattern mark since January of 2019, and is not
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`aware of even a single incident of consumer confusion between Etsy’s Pattern services and
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`Pattern’s services.
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`17.
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`There is no relationship between Etsy’s and Pattern’s services. The services of
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`the parties are completely different, and are offered in distinct channels of trade to different
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`classes of purchasers who are not likely to confuse Etsy’s website building services with
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`Pattern’s formulaic approach for brand management.
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`18.
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`Pattern markets its services as driving business for well-established brands on
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`internet platforms, such as Amazon, by developing custom ecommerce solutions through
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`Pattern’s proprietary software, data-driven Search Engine Optimization, and content
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`performance analyses. Pattern drives sales by continually measuring data points on ecommerce
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`platforms to find trends in consumer behavior and by discovering mathematical sequences to
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`forecast, predict, and expose trends on online marketplaces.
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`19.
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`Pattern’s partners have widely-known brands with millions of dollars in annual
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`sales. Although Pattern’s partners do not pay Pattern for its services, they are generally required
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`to enter into exclusive agreements with Pattern pursuant to which they expect millions of dollars
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`in annual revenue and thousands of sales to come from Pattern. By entering into an exclusive
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`relationship with Pattern, Pattern’s partners are giving up their ability to sell on major platforms,
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`such as Amazon, except through Pattern. As a result, purchasers of Pattern’s services are likely
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`to exercise a very high degree of care when deciding to do business with Pattern.
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 8 of 11
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`20.
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`By contrast, Etsy’s Pattern service allows Etsy shop owners to use Pattern to
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`“easily build a website in minutes.” See www.etsy.com/pattern. Typical consumers of Etsy
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`Pattern are start-up entrepreneurs who want a simple, low-cost, and easy-to-build website on
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`which to sell their products in conjunction with their Etsy shop. Etsy’s Pattern services cater to
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`small business owners and are low-cost. Etsy advertises that a “Pattern website is free for 30
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`days, then you will be charged $15 per month.” Id.
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`21.
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`There is thus no similarity between the services offered by Etsy and Pattern. The
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`two companies offer completely different services to different consumers – i.e., Pattern provides
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`formula-driven and complex intelligence solutions as well as large-scale, exclusive online resale
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`distribution and logistics to large, well-established companies whereas Etsy allows small start-up
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`Etsy shop owners to build a website. Because Pattern and Etsy provide different services to
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`consumers in entirely different classes, it is extremely unlikely that Pattern’s use of the term
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`“Pattern” or the PATTERN mark will cause confusion with respect to Etsy’s PATTERN mark.
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`22.
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`Finally, the term “Pattern” is not a coined term. It is a word that is commonly
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`known, seen, and used throughout the United States. There are numerous applications and live
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`registrations for identical or highly similar Marks, many of which are currently in use, including
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`the following:
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`a)
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`Application Serial No. 88977070 for “Pattern” in International Class 035,
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`among others, for “use in transaction processing in connection with online
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`retail store services,” among other things.
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`b)
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`Application Serial No. 88314610 for “Pattern” in International Class 020
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`for “home furnishings and décor,” among other things.
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 9 of 11
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`c)
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`Application Serial No. 88376795 for “Pattrn” in International Class 041
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`for “Entertainment services, namely, an ongoing multimedia program
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`featuring climate, weather, science, and technology content distributed via
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`various platforms across multiple forms of transmission media.”
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`d)
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`Registration No. 5771437 for “Pattern” in International Class 041 for
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`“Entertainment services, namely, an ongoing multimedia program
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`featuring climate, weather, science, and technology content distributed via
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`various platforms across multiple forms of transmission media.”
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`e)
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`Application Serial No. 88311042 for “Pattern” in International Class 009
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`for “downloadable computer software for use in the healthcare field,”
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`among other things.
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`f)
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`Application Serial No. 88265729 for “Patterns” in International Class 009
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`for “Downloadable educational course materials in the field of foreign
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`language study,” among other things.
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`g)
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`Registration No. 5957107 for “Pattern” in International Class 024 for
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`“Towels; turban towels for drying hair.”
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`h)
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`Application Serial No. 88587658 for “The Pattern” in International Class
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`042, among others, for “Providing online, non-downloadable software for
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`providing horoscopes and astrological information.”
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`23. Moreover, there are other companies offering ecommerce services on the internet
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`using the name Pattern. For example, a California-based digital design and ecommerce agency
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`operates under the name “Pattern.” See https://www.thisispattern.com.
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`4845-9654-3928\1
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`Case 2:20-cv-00206-HCN Document 2 Filed 03/27/20 Page 10 of 11
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`24.
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`The PATTERN mark coexists with other “Pattern” marks and consumers are able
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`to differentiate between sources based on trade channels and services offered. Consumers will
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`not be confused by Pattern’s use of its PATTERN mark here, and Etsy cannot claim exclusive
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`use of the term “Pattern” for all ecommerce services.
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`FIRST CLAIM FOR RELIEF
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`(Declaratory Judgment of Non-Infringement)
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`25.
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`Plaintiff repeats and realleges the allegations contained in the foregoing
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`paragraphs as if fully set forth herein.
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`26.
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`Etsy has accused Pattern of infringing Etsy’s Pattern trademark, has opposed
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`Pattern’s attempt to register the PATTERN mark with the USPTO, and Pattern now conducts
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`business under the threat that Etsy may bring a trademark infringement action against Pattern if it
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`continues to use the PATTERN mark.
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`27.
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`An actual justiciable controversy exists by way of the credible threat of immediate
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`litigation if Pattern does not cease and desist from offering its services under the “Pattern” mark.
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`28.
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`For the reasons stated herein, Pattern’s use of the trademark PATTERN is not
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`likely to cause confusion or mistake or deceive as to the source of any goods or services or as to
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`any affiliation, connection, or association between Pattern and Etsy.
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`29.
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`Pattern seeks a declaratory judgment from this Court that its PATTERN mark is
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`not likely to cause confusion between Pattern’s goods and those of Etsy.
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`30.
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`Pattern has suffered damages from Etsy’s false accusation of trademark
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`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