Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1067012
`07/08/2020
`
`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
`
`One Barber LLC
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Correspondence
`information
`
`07/08/2020
`
`5320 DAYBREAK LANE
`WOODBRIDGE, VA 22193
`UNITED STATES
`
`ERIC L FARRELL
`ONE BARBER LLC
`5320 DAYBREAK LANE
`WOODBRIDGE, VA 22193
`UNITED STATES
`Primary Email: eric@onebarber.com
`Secondary Email(s): eric@stagepoet.com
`No phone number provided.
`
`Applicant Information
`
`Application No.
`
`88278796
`
`Publication date
`
`03/10/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`07/08/2020
`
`Brandon Paynther
`2006 N. WS. YOUNG
`KILLEEN, TX 76543
`UNITED STATES
`
`Opposition Peri-
`od Ends
`
`07/08/2020
`
`Goods/Services Affected by Opposition
`
`Class 044. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Barbershops
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Applicant not rightful owner of mark for identified
`goods or services
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 1
`
`Trademark Act Section 2(a)
`
`

`

`Other
`
`We have established common law trademark in
`Paynther's area while displaying the TM symbol.
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`Application Date
`
`NONE
`
`NONE
`
`NONE
`
`ONE BARBER
`
`list of goods and services concerned below: Class 044. First Use:
`5/29/2007 First Use in Commerce: 5/29/2007 barbershops, hair
`salons, information services related to barbershops, information ser-
`vices related to hair salons, poetry therapy, peer counseling, counsel-
`ing related to lifestyle, counseling related to vocation, counseling re-
`lated to relationships, counseling related to customer relationships,
`counseling related to client relationships, counseling related to race
`relations, counseling related to spiritual life (Christian counseling), bib-
`lical counseling, provision of information related to mental health, loc-
`ation of hair care services, location of beauty services, location of
`beauty products, location of grooming products, location of barber
`schools, location of booth rental availability grooming service, inform-
`ation for job openings regarding grooming services, provision of in-
`formation regarding grooming products, provision of information re-
`garding grooming tools, provision of information for grooming sup-
`plies, provision of nutrition information, provision of information for
`physical wellbeing, provision of information for mental wellbeing, pro-
`vision of skin care information, provision of information regarding al-
`lergies, provision of business advice, provision of entrepreneurship in-
`formation, provision of legal information, providing information about
`mental abuse, providing information about physical abuse
`
`Attachments
`
`Exhibit 1 - One Barber in DC.pdf(86566 bytes )
`Exhibit 8 - One Barber territory.pdf(137572 bytes )
`Exhibit 9 - onebarber website domain.pdf(68982 bytes )
`Exhibit 10 - license to One Barber LLC.pdf(304543 bytes )
`Exhibit 11 - Houston Hotel.pdf(221736 bytes )
`Exhibit 12 - Houston receiptsl.pdf(261468 bytes )
`Exhibit 13 - Madisonville TX.pdf(392385 bytes )
`Exhibit 14 - Houston Radio 2017.pdf(234427 bytes )
`Exhibit A - Texas 2011.pdf(312205 bytes )
`Exhibit B - 2015 One Barber Tour.pdf(233261 bytes )
`Exhibit C - 2007 Flyer.pdf(325934 bytes )
`Exhibit D - May 29 2007 VA order.pdf(269690 bytes )
`Exhibit E - May 29 2007 MD bookstore.pdf(318165 bytes )
`Exhibit F - May 29 2007 Los Angeles1.pdf(294256 bytes )
`Exhibit G - unpublished copyright poem.pdf(384774 bytes )
`Exhibit H - unpublished copyright toc.pdf(160422 bytes )
`Exhibit I - unpublished copyright cover.pdf(842191 bytes )
`Exhibit J - May 29 2007 GA.pdf(280676 bytes )
`Exhibit 15 - Houston Radio Transcribed.txt(9292 bytes )
`Exhibit L - Holmes Affidavit.pdf(536566 bytes )
`Exhibit L-r - Holmes Affidavit redacted.pdf(534436 bytes )
`Exhibit R - affiliated barber Chicago.pdf(212133 bytes )
`Exhibit S - 1nebarber post.pdf(152715 bytes )
`Exhibit T - 1nebarber Urbane Blades.pdf(311323 bytes )
`Exhibit U - Original first.pdf(343851 bytes )
`Exhibit V - Dean Affidavit.pdf(227844 bytes )
`
`

`

`Exhibit X - One Barber storefront.pdf(223122 bytes )
`Exhibit Y - poster 1 copyright.pdf(278751 bytes )
`Exhibit 17 - WRAL TV transcript.txt(2774 bytes )
`Pleadings.txt(8663 bytes )
`
`Signature
`
`/Eric Lee, Farrell/
`
`Name
`
`Date
`
`ERIC L FARRELL
`
`07/08/2020
`
`

`

`Houston, TX
`
`featuring Eric L Farrell
`
`(live in studio)
`
`July 2017
`
`42: My show is at five o’clock on Thursdays,
`
`so I gotta do what
`
`I gotta
`
`do, um,
`
`I’m Evan McClanahan at the pastor over at lst evangelical
`
`lutheran church here in Houston, you can go to FELC Houston.org to um
`
`learn more about that and you can email me at EMC2@FELCHOUSTON.ORG, If
`
`you’ve got questions abourt this show past or present.
`
`I got a couple
`
`of solo shows, well
`
`I had a couple of solo shows coming up but
`
`I met
`
`someone yesterday and I thought, you know you’d be a good uh , good guy
`
`to have on the radio so have a, have a very different guest
`
`from I
`
`think I can say anyone I’ve had before but
`
`I think it will be a fun day
`
`today, do something different every now and then,
`
`that’s a
`
`you know
`
`hard for us Lutheran’s to do but occassionally, we can step out on
`
`faith and do it. Uh go to KPFT
`
`2:30: Well I’ve got an open phone line as well tonight so if yah like
`
`what you hear uh tonight or wanna talk to my guest, feel free to ah put
`
`in a phone call
`
`2:37and in the world of smaill worlds uh, my guest tonight ended up
`
`knowing some people and having mutual friends with people at thr
`
`station tonight even though he us not even from houston so there we go,
`
`it’s a small world,
`
`so let me introduce my guest, ah he is a poet, he
`
`is known as stage poet, ah his name is ERic L Farrell,
`
`I get that
`
`right, can you talk?
`
`Yes, you got that right
`
`Go ahead and talk right in that mike too, dont be dont be too bashful
`
`but ah um ayway,
`
`I gotta, gotta meet ERic yesterday and um had a had a
`
`solo show and ah you know I’ve never had a poet on the air um,
`
`I don’t
`
`make poetry reading you know ah a common type of thing but
`
`I appreciate
`
`We are all over the place,
`
`I mean
`
`I know, you are hard to miss you know but ah here I am,
`
`I avoid it, you
`
`(laughter) anyway,
`so
`know,
`You are a Christian.
`Yes
`
`thanks for coming into the studio today.
`
`You are a brother in Christ and um so you
`
`you combine the vocation of
`
`being a Christian with your poetry and
`
`and your writing as well and ah
`
`tell a little bit about kind of what you are doing now and where people
`
`can learn more about you and stuff like that.
`
`It’s it’s,
`
`I guess it’s less so of me combining it or me not being able
`
`to seperate it (laughter)
`
`Okay, great way to put it,
`
`I
`
`love that, yeah,
`
`Um,
`
`so ah,
`
`I guess a little bit about me,
`
`I
`
`I guess I’m called a
`
`travelling poet and I have ah poems that, well my more popular ones
`
`right now for the different professions so those are the barbers and
`
`the hairstylist and the auto mechanics right now so I found a way to
`
`make poetry and auto mechanics go together
`
`Now that’s,
`
`thats a combination you don’t see very often so um,
`
`so
`
`literally what you do is you’ve written poetry to to I will say to
`honor um those vocations,
`
`Yeah,
`
`that’s right
`
`I mean that’d that’s my understanding, yeah so like, you’ve got
`
`stylist, barber and mechanic and and ah um, it took me a while for me
`
`

`

`and on posters,
`
`so you literally go around mechanics and barbers and
`
`you say,
`
`I want to honor you,
`
`I’ve written this poem and then they can
`
`buy a poster from ya.
`
`Pretty much, yeah
`
`Yeah and it’s a pretty cool, it’s a, it’s a pretty cool way to make a
`
`living,
`
`I will say
`
`Yeah and it’s um, it’s not even a,
`
`I guess it’s really more so them
`
`buying a poster,
`
`that
`
`just kind a keeps things going um, but, it’s you
`
`know, it’s just the honor,
`
`the honor side of things,
`
`just to honor them
`
`and also but not
`
`just to honor them but also you know for maybe the
`
`younger guys coming in to help them have the right view of things
`
`Yeah, yeah
`
`In what they are doing
`
`5:50:But basically when a mother is changing a dirty diaper,
`
`she is
`
`doing the Lord’s work in essence,
`
`so the ordinary things of life,
`
`the
`
`ordinary way that you love and serve your neighbour through changing
`
`diapers, educating chidren, um, you know, a being a a a a, honest
`
`attorney/*
`
`6:04: Being a bus driver, being a mechanic, being a barber,
`
`these are
`
`ways that you love and serve your neighbour, um a lot of people think
`
`that the only way you can love and serve your neighbor is by doing an
`
`extra bit of charity at the soup kitchen and that’s certainly is a way
`
`that you can love and servee your neignbor but
`
`I really like about what
`
`you do is that you’re going to people who might be sort of forgotten
`
`and you’re honoring them through your poetry and so let me make sure I
`
`understand though, you said the young gys coming in. Let’s say someone
`
`is 21 years old right,
`
`let’s say that they,
`
`they realize that to, you
`
`know survive and have the independent life that they wwant,
`
`they’ve
`
`gotta get a job and sometimes that hits people really hard and um but,
`that is a facet of life and God created um labor and said that it wwas
`
`good. Um but ah but they might get into it begrudginly right like, ah,
`
`you’ve probably known people who are like mechanics you know but like,
`
`men,
`
`I hate this,
`
`I can’t wait to get
`
`out of it or I have another dream job and it’s just around the corner
`
`and soon as I can get out of this,
`
`I can
`
`Right it’s like you put it in a different way like you talk about it
`
`like you know like this is the way that you can serve other people,
`
`this is a virtuos profession here,
`this,
`of at all
`
`there’s nothing to be ashamed
`
`Right
`
`And it’s not just, it’s not just,
`
`I said the young people you know
`
`coming in but it’ not
`
`just young people,
`
`sometimes it can be the older
`
`people who’ve ah, who’ve dealth with so much mess from people that
`
`they’ve had to deal with, whether it be clients or competitors or
`whoever, um, and sometimes, it can be a reminder for them,
`sometimes I
`
`cathch guys who are on their way out and they’ve been in yhe business
`
`for 50 years or 60 years\
`
`I’m done
`And they are like,
`Yeah,
`I’ve seen and I
`’ve heard all I’m tired of this and I’m done and
`
`I
`
`’11 say well just,
`
`I
`
`just want you to hear this before you exit the
`
`profession, befoe you leave you know, at least to know what you’ve done
`Yeah
`
`

`

`be something as, you know as saving somebody’s life by doing their
`
`brake job correctly
`
`Absolutely, absolutely
`
`8:38 One mechanic poem
`
`12:12 to 12:26 : But yeah, my overall um,
`
`I guess one of my overall
`
`purpose not even just that one but tge barber and hairstylist one, um,
`
`the scriptures talk about people finding joy in their :work so
`
`for
`
`people to find joy in their work
`
`and so I actually notice that it
`
`doesn’t
`Oh wow
`
`just say to enjoy your work but to find joy in it
`
`17:54 One Barner poem recital
`
`19:11 That’s great men
`
`20:19:
`
`I’m visiting with Eeic La Farrell, ah stagepoet, you can learn
`
`more aboyt him by going to stagepoet.com, alright
`20:41 But um feel free to call in and ah kind of a different show for
`
`Symboli today,
`
`I got a Christian Poet
`
`in the house
`
`21:00 Let me ask you this on the barber, you know like like, okay,
`
`first of all,
`
`like it was evoking memories of like when I went to the
`
`barber shop like the real traditional barber shop
`
`Okay
`So it’s like, no 2 in the
`
`21:18 I have vivid memories, you know great memories of my childhood
`
`barber and I mean,
`
`I used him all the way until college, old guy you
`
`know we talk about his gardn and he just had steel hands and men seven
`
`just an old school kind if guy and um he
`minutes I was done and ah but
`
`had ti like a line of people like 8 people dccp
`
`22:05: That’s a reality of people in the barber shop
`
`23:06: You know the,
`
`the general impression of the barber is one who
`
`ah, you know serves his people by listening,
`
`I mean that’s, you know,
`
`um, you know, most of what therapy is really,
`
`I mean,
`
`I will say 90% of
`
`it, excluding difficulties with brain chemistry, it;’s just having
`someone to listen to
`
`Right
`
`there aren’t those people in society and especially
`And there aren’t,
`
`as people rcmovcd themselves from Christian community,
`
`umm you know
`
`they don’t have those sorts of friendships,
`
`they, you can’t have it at
`
`work a lot of times,
`
`I mean you can;t lay your burdens on someone at
`
`work, you souund like a nut, you, you lose your job so you know the
`
`barber is like one of the last people standing to,
`
`to sit there and
`
`listen to you when you’ve had a tough day or going through a problem,
`
`you know and
`That’s true
`
`And you know they don’t cost anything thing othet than the cost of the
`
`hair vut, you know
`
`So that’s that’s interesting
`
`You know I’m sure ther’s a lot of people that go,
`
`that go to the
`
`barbershop that don’t really need a hair cut
`
`Ah interesting yeah but they need someone to talk to
`Yeah
`
`25:04: Umm Martin Luther,
`
`so Martin Luther had a , his barber asked him
`
`how to pray so Luther wrote a track, you can google it and find it but
`
`um,
`
`like he teached his barber how to pray or something
`
`

`

`something about Like a barber’s razor
`
`

`

`Location: The Ultimate Cut barbershop, Raleigh, NC
`
`Date: April 15, 2008
`
`WRAL anchor 1: Tonight our Tar Heel Traveler crosses path with a
`
`travelling poet, who recites his rhymes at barbershops accross the
`
`country. Scott Mason
`
`caught up with him at a shop in Raleigh.
`
`Scott Mason, WRAL reporter: The buzz of the barbershop usually comes
`from the chatter around the chair, but then in strolls Eric L Farrell,
`
`and eyebrows raise, heads turn, conversations clipped,
`his.
`
`the floor is
`
`Eric L Farrell (reciting poem): "...give me one clipper and one mirror,
`
`all my sheep need is just one shearer..."
`
`Scott Mason: Eric L Farrell is a babershop poet.
`
`Eric L Farrell (reciting poem): "...You wanna keep it cut? you gotta
`
`keep in touch..."
`
`Scott Mason: Rapping,
`
`rhyming,
`
`inspiring...
`
`Eric L Farrell: And I’ve written a poem for barbers,
`
`talking about what
`
`barbers do for the community.
`
`Walt Dozier, The Ultimate Cut Barbershop Owner/Barber: We are concerned
`about those who sit in that chair.
`
`Eric L Farrell (reciting poem): "...I’m a hair cutter of course but
`
`that ain’t all I am.
`man..."
`
`I’m a counselor,
`
`in fact,
`
`I’m the neigbhorhood
`
`Scott Mason: Eric has been to more than 800 barbershops in a year,
`
`this
`
`one’s in Raleigh, part of a 50 city tour that’s growing everyday.
`
`Scott Mason: Have any barbers been tempted to give you a hair cut?
`Eric L Farrell: Ha ha ha.
`
`Scott Mason: A trim is okay;
`
`just don’t cut the message.
`
`Eric L Farrell: How to have peace and comfort
`
`in life no matter what
`
`goes on around you or with you.
`
`Scott Mason: Eric has published his poetry, which is lined with faith.
`
`Eric L Farrell (reciting poem):
`
`I had to move first and turn to him
`
`when I realized that it will only get worse.
`
`Eric L Farrell: That’s one thing that I always pray,
`
`is for God to
`
`order my steps...
`
`Scottand his steps have led here.
`
`Why not barbers? Barbers are the
`
`the fore front of the community.
`
`Barber/Barbershop Owner: We actually get a chance to impact people’s
`lives, make a difference.
`
`Eric L Farrell (reciting poem):
`love to the heartless.
`
`I am a daddy to the fatherless. Show
`
`Eric L Farrell is 29 and in an age when it’s often easy to just brush
`
`off people’s problems, Eric helps those seeking solace.
`
`Eric L Farrell: Created my own path.
`
`Scott Mason: His path has led this poet to the chair of the barber.
`
`Eric L Farrell (reciting poem):
`
`"So holler at me next week. You know
`
`
`
`where I stay.
`
`Barbers and Clients:
`
`(claps and laughs)
`
`Eric L Farrell
`
`(ends poem recital):
`
`"Thank you."
`
`WRAL anchor 2: Eric L Farrell is from Northern Virginia, and plans to
`
`be on the road visiting barbershops for another year.
`
`

`

`1) One Barber LLC, claims ownership of the mark "One Barber" due to
`
`first use, and use in commerce since May 29, 2007 to the current day
`(see Exhibits B, C, D, E, F, and J), which show orders from states
`
`across the country on the first day.
`
`2) One Barber’s founder, Eric L Farrell, did secure copyright
`
`registration of One Barber’s main poem, titled "One Barber" in 2006 as
`
`an unpublished work (see Exhibits G, H, and I), and again secured
`
`copyright registration of the same poem in 2007 as a poetry and art
`
`poster (see Exhibits Y, U,
`
`). Eric L Farrell was unable to apply for
`
`trademark registration due to financial constraints, but did, since
`
`2009 place the TM symbol next to his "One Barber" name to signify his
`
`use of "One Barber" as an identifying mark and that he was proceeding
`
`toward registering the name with the USPTO.
`
`(see EXHIBITS__, ___, ___)
`
`3)
`
`I, Eric L Farrell, was interviewed by WRAL TV Fox 5 in Raleigh, NC
`
`about One Barber and my in shop counseling, and interaction with
`
`barbers and that I had been to over 800 barbershops in the first year
`
`(see Exhibit 17).
`
`I was also interviewed by The San Bernardino Sun
`
`newspaper in California around 2010 about my work in the barbershop,
`
`and the counseling and therapy through poetry I provide (see Exhibit
`
`18).
`
`I was interviewed in 2017 in Houston Texas on a radio podcast and
`
`HD channel about One Barber. Please see the transcript
`15).
`
`(see Exhibit
`
`4) While no "One Barber" was known to operate or exist anywhere,
`
`capacity, our founder Eric L Farrell created the name "Onc Barber" in
`
`in any
`
`May 2007, as noted in ___ #1 above, and continued operating by the name
`
`in the barber industry since 2007 to the current day, and founded One
`
`Barber, LLC, a single member Delaware LLC on April 4, 2020 (see Exhibit
`L).
`
`5) By written license, Eric L Farrell, granted One Barber LLC full
`
`license for existing copyrights, and trademarks, network, reputation,
`
`image, and operating procedures and other such necessities,
`
`so "One
`
`Barber" is the identifying mark of One Barber LLC (Exhibit___).
`
`6) The mark Brandon Paynther intends to use ought not to be approved
`
`for registration because is identical to our "One Barber" mark, and he
`
`has indicated intent to use the mark in Texas, which is a place where
`
`we have operated in under the name,
`
`in the same industry, and have
`
`common law trademark from prior use since at least 2011 (see Exhibit
`
`A). Texas is one of our places of business,
`
`in which over 257 of our
`
`customers, barbershops in our network, exist, and where I was at the
`
`time touring barbershops and on the radio (KPFT in Houston, TX), during
`
`the time when he filed his for the registration for this identical
`
`mark.
`
`I have attached a portion of the interview transcript
`
`(see
`
`Exhibit 15). My receipts show I was touring Texas on that exact day
`
`that he filed to register my identical mark, and that I was there
`
`before and after the day he filed (see Exhibits 11 and 12).
`
`I also
`
`present a photos I personally photographed of two of my new customers
`
`at Argel’s Barbershop on 2/1/2019 (the one in the chair already knew me
`when I walked in, because he is also a customer of mine from another
`
`business in another city in TX), and two of my customers/clients at
`
`Red’s Barbershop in Madisonville, TX on March 29, 2018 (see Exhibit
`13).
`I was also interviewed on a Houston Radio HD2 station and local
`
`podcast by Evan Mclanahan, pastor of First Evangelical Lutheran Church
`
`

`

`would create a false suggestion of connection with our One Barber
`
`company. We do business nationally as One Barber, but also in Brandon
`
`Paynther’s state,
`
`in the same industry, and market to the same
`
`clientele. It is in our interest for prospective clients to go to the
`
`barbershops affiliated with out One Barber network, which is why we
`
`built and invested in it, with over 4,200 shops listed nationally,
`
`which we know, have met, and have began a relationship with. And as
`
`seen in the map (see Exhibit 8). We have over 255 shops in Texas alone,
`
`in cities that surround Killeen, TX where Brandon Paynther is seeking
`
`to register trademark in the same industry, under our identical name
`(see
`
`8) Brandon Paynther should not be granted registration acceptance
`
`because I have established prior use ownership and priority, and it
`
`would likely cause confusion, and suggest affiliation with One Barber
`
`(our original One Barber). Some of the barbers in our One Barber
`network in different states, have offered barber services under a
`
`closely related name to show affiliation and solidarity with One
`
`Barber,
`
`such as a barber and shop owner I met, named Darren, who’s shop
`
`is now called Urbane Blades in Chicago,
`
`lncbarbcr bccausc Ono Barber shaped his mind for embarking on his
`
`IL., but once went by the name
`
`vocation, he stated in an Instagram post on November 15, 2014 (see
`
`Exhibit S). He has since removed the post after learning we do not
`
`allow the poem on Instagram,
`
`so not to inadvertently grant copyright
`
`license to Instagram. He sent me Exhibit S from within his Instagram
`
`account to share for this case, before deleting it. He displays a One
`
`Barber poster next to his shop name in his shop (see Exhibits R, T, and
`U).
`
`9) Another shop in our network, Master Cuts,
`
`in Maryland has also
`
`placed our One Barber name and poster image on their storefront, next
`
`to their shop name,
`
`to show affiliation and resonance with our message
`
`and that they take part in our purpose, and share our values and
`
`beliefs.
`
`I photographed a picture of their storefront one of my visits
`
`there (see Exhibit X). The barber cutting hair in the image on their
`
`storefront does not work there, but is only affiliated through One
`
`Barber. His name is Rob Cradle, barber, and founder of Rob’s Barbershop
`
`Community Foundation. He is one of our top customers, and has
`
`consistently made sure to get the One Barber name, but not the poem in
`
`media shots, when he’s been photographed during interviews for local
`
`and national publications,
`
`such as People magazine, Ebony magazine, and
`
`an Allstate Insurance public service announcement honoring him, which I
`
`saw aired on TV nationally during the BET Awards and at other times,
`
`always with the One Barber name displayed behind him (see Exhibit X).
`
`10) Disclaimer: While we do claim common right ownership of the mark
`
`One Barber nationally, we do not seek to own the word "barber" alone.
`
`11) Eric L Farrell,
`
`the originator and creator of One Barber has
`
`granted full license to the mark to One Barber LLC (see Exhibit 10).
`
`Currently, our One Barber network contains over 4,200 barbershops and
`
`salons, spanning across 28 states,
`
`the District of Columbia, and at
`
`least one shop in six other countries, Belize, Ghana, Canada, Jamaica,
`
`The Netherlands, and The Philippines, which are listed on our website
`
`www.onebarber.com, and previously listed on www.ericlfarrell.com as
`
`early as May 2007 (see Exhibits 6, 7, and 8).
`
`

`

`Barber’s community building focus. Our first shirt was released in
`
`2014, and purchase by barbers in many states also, but it is not the
`
`only design.
`
`(see Exhibits 1, 2, and 3,
`
`l6).
`
`13) Our network, now of over 4,200 barbershops and salons, was
`
`originally listed on ericlfarrell.com but was moved to our current
`website, www.onebarber.com
`
`14) So their registration of the name,
`
`I believe also will capitalize
`
`off of the hard work and good will and reputation that we have built up
`
`over the years through our efforts.
`
`15) It also would allow them to potentially damage such good will and
`
`reputation of ours by carrying our name in similar trade channel.
`
`they may either dilute our unique name and space
`16) Furthermore,
`online in search results, or visit trade shows in TX or other areas,
`
`which they may carry the One Barber name, among hair care professionals
`
`that we have built up our name and reputation before in the barbering
`
`and hair care industry. We have worked with the DC board of barbering
`
`and cosmetology, who has given our One Barber posters as gifts to
`
`barbers and cosmetologists renewing their licenses, and our One Barber
`
`poster has hung at the Office of the South Carolina’s cosmetology
`
`board, and the Office of The State Board of Barbers in Baltimore,
`
`Maryland.
`
`17)
`
`I have sold website listing and promotion services to barbershops
`
`and salons,
`
`to assist them in acquiring barbers or stylists for their
`
`barbershops and salons through the onebarber.com website.
`
`

`

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`LICEIQSEFG AGREEBIEEHT
`
`L_ Eric L Farrell aflo'a Eric Lee as of Aprfl E: 21324}: grant Dne Barber LLB: a Delaware registered
`
`LL C, full license to use and exploit copyrights of the two One Barber poems and postersE Dne
`
`
`Barber and U11 Barbero. released and unreleased shirt and apparel designs and plans= patent
`
`ideas: and trademarks and logos, released and unreleased networks= websitei ideas} standard
`
`operating procedure; trade secretsc print designs, and other like materials, pemlissions, and
`
`copyrights, inventorie; records: rec ordings, supplies media: rec eipt; reputation image: and
`
`[other operating necessities, worldwide royalty Ere: in perpetuity to the degree that [line Barber
`
`LLC is identified by the mark "Dne Barber" and is fully enabled to pursue against copyright;
`
`trademark and or patent infringements or applications filed to the United States Patent and
`
`Trademark Dfice or Library of Congress by other parties. I certify that lam legally permitted to
`
`grant such license as being the owner of these works and marks by either registration= creation,
`
`first useb and-"or prior use in commerce-
`
`Eric L Earrell
`
`

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`The Sin Boldly Podoast Done
`
`
`
`A Christian Poet and Author
`
`Joins Me To Talk Shop, Faith
`
`and Race . Sin Boldly Episode
`
`100.
`
`July 14, 201? at 3146 PM
`
`50.? MB [Audio]
`
`I made it to 100 episodest ‘r‘ay for me. For this
`
`episode I had on a new friend and brother in
`
`Christ, Stage Poet, AKA Erio L Farrell. Learn
`
`more at www.stagepoet.oom. We talk about his
`
`truly interesting yooation as a working poet
`
`who honors ordinary laborers and we also talk
`
`about the impact of slayer-y and race. This was
`
`perhaps out of the ordinary for the show but I
`
`was really glad Erio oould join me. Erio's poetry
`
`has a mixture of humor, insight and Gospel
`
`proclamation. You'll enjoy it.
`
`Why the name ”Sin Boldly"? Martin Luther
`
`wrote to his friend Philip Melanohthon in 1521:
`
`”If you are a preacher of meroy, do not preaoh
`
`an imaginary but the true meroy. If the mercy is
`
`true, you must therefore bear the true, not an
`
`imaginary sint God does not saye those who
`
`are only imaginary sinners. Be a sinner, and let
`
`your sins be strong [sin boldly], but let your
`
`trust in Christ be stronger, and rejoice in Christ
`
`

`

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`Dallas TX - sagas. Bonnie usa- Rd | 2 l-l-SE mall
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`Dallas TX - Heavenly Hair fl." Beauty Barber Shop 7344 E. Lancaster Rd ' 93-224-35.153
`Dallas TX - Haste-r Hair Cuts. 4234 s Wests-amass - 214—333—3le
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`Dallas TX - Eurd's Barber Shop—MT}! 1122 W Camp Wisdom Rd, 51: 1112
`Dallas TX - Simply Classy Hoautyfiaion as]: sLaacssm Rd 214.2 2.131."-
`Dallas T's: - Ion Kreators nos 5 Lancaster ea snowman
`Dallas TX - Precision Trends 41507 “silage Fair ssos moo—fists m
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