Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1129720
`04/27/2021
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`ASTORIAN ENTERPRISES INC.
`
`Corporation
`
`Citizenship
`
`CANADA
`
`203-357 PLACE D'YOUVILLE
`MONTREAL, QUE H2Y2B7
`CANADA
`
`IOANA SALAJANU
`LAW OFFICES OF IOANA SALAJANU
`7620 KILDARE AVENUE
`SKOKIE, IL 60076
`UNITED STATES
`Primary Email: SALAJANUI@YAHOO.COM
`Secondary Email(s): SEDEIDU@YAHOO.COM
`17738755438
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90267145
`
`Publication date
`
`04/27/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`04/27/2021
`
`Opposition Peri-
`od Ends
`
`05/27/2021
`
`Smith, Rowley
`29A & 29B TIVERTON DRIVE
`MULGRAVE, VICTORIA, 3170
`AUSTRALIA
`
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Education services, namely, providing tutor-
`ing in the field of essay writing; Education services, namely, providing mentoring, tutoring, classes,
`seminars and workshops in the field of essay writing
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Fraud on the USPTO
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`1938 (Fed. Cir. 2009)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/ Registra-
`tion No.
`
`NONE
`
`Application Date
`
`NONE
`
`
`ESTTA1129720
`04/27/2021
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`ASTORIAN ENTERPRISES INC.
`
`Corporation
`
`Citizenship
`
`CANADA
`
`203-357 PLACE D'YOUVILLE
`MONTREAL, QUE H2Y2B7
`CANADA
`
`IOANA SALAJANU
`LAW OFFICES OF IOANA SALAJANU
`7620 KILDARE AVENUE
`SKOKIE, IL 60076
`UNITED STATES
`Primary Email: SALAJANUI@YAHOO.COM
`Secondary Email(s): SEDEIDU@YAHOO.COM
`17738755438
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90267145
`
`Publication date
`
`04/27/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`04/27/2021
`
`Opposition Peri-
`od Ends
`
`05/27/2021
`
`Smith, Rowley
`29A & 29B TIVERTON DRIVE
`MULGRAVE, VICTORIA, 3170
`AUSTRALIA
`
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Education services, namely, providing tutor-
`ing in the field of essay writing; Education services, namely, providing mentoring, tutoring, classes,
`seminars and workshops in the field of essay writing
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Fraud on the USPTO
`
`In re Bose Corp., 580 F.3d 1240, 91 USPQ2d
`1938 (Fed. Cir. 2009)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application/ Registra-
`tion No.
`
`NONE
`
`Application Date
`
`NONE
`
`
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Goods/Services
`
`UNEMPLOYED PROFESSORS
`
`041
`
`Related Proceed-
`ings
`
`NONE
`
`Attachments
`
`NOTICE OF OPPOSITION UNEMPLOYED PROFESSORS-signed.pdf(351170
`bytes )
`EXHIBIT A- WAYBACK.pdf(131545 bytes )
`EXHIBIT B- GoogleAnayliticsLocation.pdf(822127 bytes )
`EXHIBIT C- GoogleAnayliticsLocation 2021 .pdf(1347100 bytes )
`EXHIBIT D-1 GOOGLE LETTER EXHIBIT .pdf(4945152 bytes )
`EXHIBIT D-2 MARKETING.pdf(109496 bytes )
`EXHIBIT D-2a Hosting invoices .pdf(80967 bytes )
`EXHIBIT D-3 FLYERS.pdf(234730 bytes )
`EXHIBIT D-4 - Banners contracting.pdf(249537 bytes )
`Exhibit D-5 CONTRACTING MARKETING.pdf(392997 bytes )
`EXHIBIT D-6 godaddy receipt_ .pdf(94527 bytes )
`EXHIBIT E-1 Twitter.pdf(367734 bytes )
`EXHIBIT E-2 BLOG.pdf(173399 bytes )
`EXHIBIT E-3 FACEBOOK.pdf(424272 bytes )
`EXHIBIT F - LIST OF PRESS ATTENTION.pdf(85179 bytes )
`EXHIBIT G CIIDRC DECISION AGAINST SMITH.pdf(204961 bytes )
`EXHIBIT H-1 WIPO DECISION AGAINST WhoisGuard Protected ET
`AL.pdf(125174 bytes )
`Exhibit H-2 CIIDRC decision Francis Kamau.pdf(99404 bytes )
`
`Signature
`
`/s/IOANA SALAJANU
`
`Name
`
`Date
`
`IOANA SALAJANU
`
`04/27/2021
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AN APPEAL BOARD
`
`In re Application No. 90267145
`
`Published April 27, 2021
`
`
`
`ASTORIAN ENTERPRISES, INC.
`
` A Canadian Corporation
`
`Opposer,
`
`v.
`
`ROWLEY SMITH,
`
` An Australian Individual
`
`Applicant
`
`
`
`
`
`
`
`
`
`Opposition no.
`
`NOTICE OF OPOSITION
`
` ASTORIAN ENTERPRISES, INC. a corporation organized and existing under the laws of
`
`Canada, with an office 203-357 place D’Youville, Montreal, Canada, (herein after referred to as
`
`“Opposer”) hereby argues that it will be damaged by registration of the mark filed by Rowley Smith,
`
`residing at 29A & 29B Tiverton Drive, Mulgrave, Victoria, Australia 3170 (hereinafter referred to as
`
`“Applicant”) shown in Application Serial No. 90267145 and hereby opposes the same.
`
`The grounds for opposition are as follows:
`
`1. Applicant is seeking to register the mark UNEMPLOYED PROFESSORS for education services,
`
`namely providing tutoring in the field of essay writing; Education services, namely providing
`
`
`
`1
`
`
`
`mentoring, tutoring classes, seminars and workshops in the field of essay writing (ICS 041. US 100,
`
`101, 2017).
`
`2. Long prior to Applicant's filing date, since May 24, 2011, Opposer has been continuously using the
`
`mark UMEMPLOYED PROFESSORS, for education services, namely providing tutoring in the field
`
`of essay writing; Education services, namely providing mentoring, tutoring classes in the field of
`
`essay writing worldwide, including in the United States.
`
`3. Contrarily, Applicant has not used the mark UNEMPLOYED PROFESSORS in the United States, as
`
`he applied for the mark on an intent-to-use basis in 2020.
`
`4. As a result of the Applicant’ filing of the mark, there is a likelihood that clients will be confused,
`
`mistaken or deceived as to source of the mark is more than probable.
`
`5. Beyond the United States, Opposer has built and has an established recognition of the
`
`UNEMPLOYED PROFESSORS mark internationally and consumers are not only aware but rely
`
`upon the mark in foreign markets.
`
`6. Given this global fame, Applicant is attempting to profit from Opposer's name, work and reputation in
`
`bad faith.
`
`7. Applicant uses his mark, UNEMPLOYED PROFESSORS, to attract clients to its website, which also
`
`has the same name.
`
`8. Applicant does this with actual knowledge that Opposer has well-established prior common law rights
`
`in the UNEMPLOYED PROFESSORS mark.
`
`9. UNEMPLOYED PROFESSORS operates as an online service to Opposer’s clients, which majority of
`
`the clients operated in the United States.
`
`10. Opposer’s service was opened in the United States market. See Opposer's Evidentiary Submission
`
`No. A.
`
`
`
`
`
`2
`
`
`
`11. By 2012, the majority of Opposer’s clients were United States based. See Opposer's Evidentiary
`
`Submission No. B.
`
`12. Similarly, today, the majority of Opposer’s clients are United States based. See Opposer's Evidentiary
`
`Submission No. C.
`
`13. Since 2011, Opposer negotiated and or entered into various contracts with United States based
`
`companies to provide its services using UNEMPLOYED PROFESSORS. See Opposer's Evidentiary
`
`Submission No. D-1 to D-6.
`
`14. Since 2011, Opposer had a social media presence, including newsletters, twitter, blogs, Facebook and
`
`marketing campaigns that included the United States and spanned globally. See Opposer's Evidentiary
`
`Submission No. E-1 to E3.
`
`15. Since 2011, Opposer received media attention whereby it, and the service mark UNEMPLOYED
`
`PROFESSORS, was subject of numerous newspaper articles and other media forums. See Opposer's
`
`Evidentiary Submission No. F.
`
`16. Opposer has invested a substantial amount of money on a yearly basis to maintain, develop and
`
`operate its services using UNEMPLOYED PROFESSORS.
`
`17. This business activity of Opposer, beginning in 2011, exists and unequivocally predates any
`
`commercial use in the United States that Applicant can claim of its UNEMPLOYED PROFESSORS
`
`mark applied for in 2020 because Applicant's application was filed on an intent-to-use basis.
`
`18. Besides, the United States, Opposer has used UNEMPLOYED PROFESSORS internationally. See
`
`Opposer's Evidentiary Submission No. A-F above.
`
`19. Under the "well-known marks doctrine", a foreign mark-holder is entitled to priority if a substantial
`
`percentage of consumers in the relevant American market are familiar with the foreign mark at the
`
`time of another's adoption of a similar mark. See Grupo Gigante SA de CV v. Dallo & Co., 391 F.3d
`
`1088, 1264 (9th Cir. 2004); see also London Regional Transport v. William A. Berdan & Edward C.
`
`Goetz; II Partnership and Intershoe, Inc., 2006 WL 2032540, * 10 (T.T.A.B. June 20, 2006).
`
`
`
`3
`
`
`
`20. In this case, however, the majority of Opposer’s customers have been in the United States.
`
`21. The cross-border predominance of UNEMPLOYED PROFESSORS mark, well-known to represent a
`
`past and present market dominator globally, means that the UNEMPLOYED PROFESSORS mark is
`
`famous, familiar, and immediately recognizable to a significant percentage of the American public.
`
`22. Given this, Opposer has priority of use of the UNEMPLOYED PROFESSORS mark.
`
`23. Applicant has adopted and incorporated Opposer’s mark, UNEMPLOYED PROFESSORS in its
`
`entirety, with no distinction of the mark, which Opposer has been using since 2011.
`
`24. Additionally, the services upon which Applicant claims it intends to use the trademark
`
`UNEMPLOYED PROFESSORS are identical to and/or otherwise commercially related to those upon
`
`which Opposer uses the trademark UNEMPLOYED PROFESSORS.
`
`25. Applicant has done this with the intention of creating the probability that consumers will be mistaken,
`
`confused or deceived into believing there is a source connection with Applicant and the goods and
`
`services offered under its trademark UNEMPLOYED PROFESSORS, and that of Opposer.
`
`26. Applicant selected and applied for the UNEMPLOYED PROFESSORS mark in bad faith, with
`
`knowledge of the long established pre-existing UNEMPLOYED PROFESSORS mark and Opposer’s
`
`use.
`
`27. Opposer successfully sued Applicant at the Canadian International Internet Dispute Resolution Centre
`
`over Opposer’s use of UNEMPLOYED PROFESSORS. See Opposer's Evidentiary Submission No.
`
`G.
`
`28. Besides Opposer, Applicant successfully sued other infringers over the use of UNEMPLOYED
`
`PROFESSORS at WIPO. See Opposer's Evidentiary Submission No. H-1 to H-2.
`
`29. In all instates the authoritative bodies acknowledged Opposer’s rights, title and priority use of
`
`UNEMPLOYED PROFESSORS and denied Applicant the right to use UNEMPLOYED
`
`PROFESSORS. See Opposer's Evidentiary Submission No. G through H. (decisions).
`
`
`
`4
`
`
`
`30. Given Applicant’s actual knowledge of Opposer’ use of UNEMPLOYMED PROFESSORS amounts
`
`to bad faith.
`
`31. Bad faith establishes the likelihood of confusion between the marks, since bad faith intent in choosing
`
`a mark exactly as Opposer’s, to another's famous mark is strong evidence that confusion is likely. See
`
`DC Comics v. Pan American Grain MFG. Co. Inc., 77 U.S.P.Q.2d 1220, (T.T.A.B. 2005); see also
`
`BeerNuts v. Clover Club Foods Co., 805 F.2d 920, 927-928 (10th Cir. 1986) (finding that deliberate
`
`adoption of a similar mark may lead to an inference of intent to pass off goods as those of another,
`
`which in turn supports a finding of likelihood of confusion)
`
`32. Opposer is and continued to be damaged by registration of Application No. 90267145 because it
`
`dilutes UNEMPLOYED PROFESSORS.
`
`33. To the best of Opposer's knowledge, there are no other third parties, which have registered or are
`
`using UNEMPLOYED PROFESSORS.
`
`34. Opposer vigilantly protects its common law rights to use and continue to use UNEMPLOYED
`
`PROFESSORS.
`
`35. Prior to filing this opposition, on or about April 5, 2021, Opposer sent communication to Applicant
`
`and his counsel, requesting the withdrawal and cancellation of the mark filed by Applicant, and asking
`
`Applicant to cease and desist the use of said mark.
`
`36. To date, neither Applicant, nor his counsel responded to Opposer’s communication.
`
`37. In view of the substantial similarity between the respective marks, the commercial relationship
`
`between the goods and services offered by the Opposer and the services intended to be offered by
`
`Applicant, there is likelihood that registration of Applicant's mark will cause confusion, mistake or
`
`deception. Therefore, it is requested that registration to Applicant be refused under Section 2(d) of the
`
`Trademark Act.
`
` WHEREFORE, the Opposer, believes that it will be damaged by the registration of Application
`
`Serial No. 90267145 and request that registration is refused, and this opposition be sustained.
`
`
`
`5
`
`
`
`Respectfully submitted,
`
` Ioana Salajanu
`
`_________________
`Attorney for Opposer
`IOANA SALAJANU
`
`IOANA SALAJANU
`7620 KILDARE
`SKOKIE, IL 60076
`TEL: 773.875.5438
`EMAIL: SALAJANUI@YAHOO.COM
`ARDC NO.: 6272981
`
` CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing NOTICE OF OPPOSITION was served by email and
`first class mail, postage prepaid this 27th day of April 2021 upon the following:
`
`Mr. Jeremy Peter Green
`JPG Legal
`68 Jay Street, Suite 612
`Brooklyn, New York 11201
`docket@jpglegal.com
`
`Mr. Rowley Smith,
`29A & 29B Tiverton Drive,
`Mulgrave, Victoria,
`Australia 3170
`
`
`
`
`
`IOANA SALAJANU
`7620 KILDARE
`SKOKIE, IL 60076
`TEL: 773.875.5438
`EMAIL: SALAJANUI@YAHOO.COM
`ARDC NO.: 6272981
`
`
` Ioana Salajanu
`
`_________________
`Attorney for Opposer
` IOANA SALAJANU
`
`
`
`6
`
`
`
`
`
`V..H,,wizuibszEE u:965302w“.:.0u,m5&thE._Um_>.,21.:_m::\.En_\m‘_o.w>_Lu._m.nm\s\\.nmn§:G0IV
`
`
`Ema/o,..g,
`
`
`
`
`com95ommzsmmm
`
`
`
`9::5585m8meam;555N3:9:90E92meu>_:ux<Hgzmupz_
`
`
`Foo.Bommeoauganmc:a;”E:—EEEEEHEmbszQ
`
`
`
`gas.35.BmEEzm.mmmcmco.20:92.00.3
`
`5.!it:
`
`
`
`
`
`.rmomemEmacmw98:ON.39.2,comgonmocham9.U®>mw
`
`
`
`.11.3144...J...1.
`
`
`
`IONONavomwhomComorommromEONm—ONwromComorommOONmeowBowmeowmeowvoowmeowmeowroomooowmom;wow?
`
`EXHIBIT
`EXHIBIT
`A
` A
`
`
`
`
`Unemployed Professors GEO Data from Google Analytics for the month of
`March/2012
`
`
`
`
`
`EXHIBIT
` B
`
`
`
`
`
`Unemployed Professors GEO Data from Google Analytics for the month of
`March/21
`
`
`
`
`
`EXHIBIT
` C
`
`
`
`
`
`RAFF
`
`February 6, 2013
`
`1'
`
`Hello from Google,
`
`
`We’d like to invite you to try AdWords again. Wehave a team of experts to support you
`and help get your ads back online Call us on 1 -866-246-6453* and quote your customer
`ID 4037826440 for free guidance on:
`
`- Writing great ads to help you stand out online.
`-
`Selecting the right keywords so you reach the audience you want.
`-
`Planning your budget to improve the performance of your ads.
`
`To welcome you back to AdWords, we've already made $100* credit available to you.lust
`register your promotional code before 15 March 2013 and spend $25 within a month.
`
`We're looking forward to seeing your ads online soon.
`
`based'In the U. S. or Canada SupportIs available in English only and subject to business and website qualification.
`
`Sincerely,
`
`flWVZa—r
`
`Brett Willms
`
`Head of Small Business Marketing, Americas
`
`EXHIBIT
`EXHIBIT
`D-1
` D-1
`
`
`
`tToIl free number. Were here to take your call Monday— Friday 9am--8pm ET. This offer‘iS available to advertisers
`
`
`
`Firefox
`
`file:///C:/Users/rafia/Desktop/FLIER DISTRIBUTER.htm
`
`From:
`Sent:
`To:
`Subject:
`
`To Whom it may Concern,
`
`Rachel
`September 12, 2017 2:55 AM
`Unemployed Professors
`FLIER DISTRIBUTER
`
` and I have previously distributed fliers for Unemployed Professors. When I saw you were looking to hire
`Hello, my name is Rachel
`brand ambassadors again, I was eager to apply!
`
`I attend the Fashion Institute of Design and Merchandising in downtown Los Angeles, California. My outgoing personality has helped me
`promote in front of large groups. Also, my media savvy has helped to build my own online success through social media. My work profile
`boasts of branding activities for products ranging from clothing to food and beverage products. I have worked hard to grow my online
`image and only partner with companies I respect such a Lyfe Tea, Soylent and TriNova. While promoting these products, I have interacted
`with the masses at public areas such as shopping centers, sporting events, and even in the streets. I take great care in grooming and
`dressing before any promotional events. I understand what to wear while going out in public or presenting on social media platforms.
`
`I believe I can be an asset to Unemployed Professors due to my demographic and outgoing personality. I am the President of Delta Chi
`Sigma, a social sorority at my school, and I live in a 3,000 unit apartment complex near the University of Southern California. Each week
`I attended tailgates, Football games, open mic nights, and festivals at the USC Campus. Additionally, I am employed near UCLA and
`often spend my mornings and late afternoons in surrounding coffee shops at hotspots.
`
`If you'd like to send fliers, my address is
`
`Los Angeles, CA 90007.
`
`Thank you.
`
`Rachel Gullo
`
`EXHIBIT
` F-2
`
`1 of 1
`
`2021-03-29, 8:43 p.m.
`
`
`
`
`
`
`
`
`
`
`INVOICE
`
`
`
`
`
`
`
`
`
`INVOICE # 1210
`DATE: JAN/08/2014
`
`
`
`
`
`
`
`
`
`
`ShadowSoft Solutions
`
`
`
`
`
`
`TO: Astorian Enterprises
`
`
`DATE
`
`QTY
`
`DESCRIPTION
`
`Jan 04/2014
`
`12
`
`Hosting for UnemployedProfessors.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Payment can be made by:
`• Check payable to Eric Turvey
`• Pay pal / Credit Card
`http://shadowsoftsolutions.com/payments.aspx
`
`All prices are in Canadian currency
`NEQ: 2268850833 PAID 02/01/2014
`
`
`
`THANK YOU FOR YOUR BUSINESS!
`
`UNIT
`PRICE
`
`LINE
`TOTAL
`
`
`
`
`
`
`
`
`
`
`
`SUBTOTAL
`
`GST
`
`PST
`
`
`
`PAYMENTS
`
`BALANCE
`
`DUE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT
` D-2
`
`
`
`Firefox
`
`file:///C:/Users/rafia/Desktop/RE.htm
`
`From:
`Sent:
`To:
`Subject:
`
`Shannon
`
`Shannon
`November 16, 2017 5:51 PM
`Unemployed Professors
`RE:
`
`I'll give you my dad's address, it will be easier for delivery.
`
`My boyfriend also needs work. Can we both do it?
`
`On Nov 16, 2017 5:17 PM, "Unemployed Professors" <info@unemployedprofessors.com> wrote:
`Splendid, we’re looking for someone to cover several campuses and raise awareness about our brand on campus. Are
`you familiar with that university more or less?
`We need someone to cover all the busy spots, intersec�ons, libraries, cafes, bars, hang out places for students,
`subways, busy hallways where students cross, dorms etc. etc. the more coverage the be�er.
`It’ll be a 3 hour daily shi�. During busy rush hours. We will need couple of �mes per week, each for 3 hours per week.
`Pay starts with $
`for the first 3 hours and con�nues for $
`per hour a�erwards. Should you surpass a certain target
`which is placed by our website analy�c team, pay could spike to $ per hour.
`All payments are made via paypal and goes out on Sunday evenings once per week.
`If you’re interested, please get back to us with
`
`1- Your full name
`
`2- Telephone number
`
`3- Email address
`
`4- Full home address (where the flyers will be shipped to)
`
`And we will prepare your batch and ship it to you
`
`The site that’s being promoted is www.UnemployedProfessors.com check it out and let us know.
`
`Thanks,
`Admin
`
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`Follow us
`Like us
`Subscribe
`Follow us
`
`1 of 2
`
`EXHIBIT
` F-3
`
`2021-03-29, 8:45 p.m.
`
`
`
`Firefox
`
`file:///C:/Users/rafia/Desktop/RE.htm
`
`From: Shannon
`Sent: November 16, 2017 2:19 PM
`To: info@unemployedprofessors.com
`Subject:
`
`Hello,
`I was just directed to this email address to inquire about handing out flyers.
`
`2 of 2
`
`2021-03-29, 8:45 p.m.
`
`
`
`4/25/2021
`
`Yahoo Mail - Banners with Grandex
`
`Banners with Grandex
`
`From: Rafi Astor (
`To:
`Date: Tuesday, March 30, 2021, 03:00 AM GMT+2
`
`)
`
`
`
`
`
`
`From: Eric Turvey [
`Sent: March 22
`To: 'Rafi Astor
`Subject: FW: Banners
`
`
`
`From: Bradley
`Sent: Tuesday, March 22, 2016 12:23 PM
`
`To: Eric Turvey
`
`Cc: Unemployed Professors
`
`Subject: Re: Banners
`
`We're working towards getting the BuySellAds campaign approved this morning. I'll let you know as
`soon as I have more information.
`
`Best,
`
`'
`
`
`
`
`
`
`
`
`
` Sales Operations
`
` Texas Hwy 2-210
`
`Austin, Texas 78746
`Direct:
`
`twitter | instagram | facebook
`
`> wrote:
`On Mon, Mar 21, 2016 at 8:28 PM, Bradley
`You're welcome to connect me with your contact at buysell - I'll talk to Madison in the morning and
`figure out what's going on, as well.
`
`Sent from my iPad
`On Mar 21, 2016, at 7:18 PM, Eric Turvey <
`Hi Brad:
`We placed the order about 3 weeks ago with BuySellAds.com
`The creative were approved by “Madison Whickham (Total Frat Move)”
`At this point the add should have went live if your tech people have implemented the code necessary
`on your site.
`
`
`> wrote:
`
`EXHIBIT
` F-4
`
`1/6
`
`
`
`4/25/2021
`
`Yahoo Mail - Banners with Grandex
`
`Would it be OK if I sent your email address to my contact at buysellads.com, she tried to contact you
`guys with no response,
`I think she has the wrong email for you……
`
`Eric Turvey
`
`png>
`
`]
`
`
`
`
`
`
`From: Unemployed Professors
`Sent: Monday, March 21, 2016 8:07 PM
`
`To: '
`Cc:
`Subject: RE: Banners
`
`Importance: High
` believe they told me that you did accept it but you did not put it live yet. I will contact them again.
`They also told me that they contacted you.
`
`By CC to Eric, can you please see where’s the stalling point here and let either Bradley know or
`buysellads?
`
`
`Thanks,
`Admin
`<image005.jpg>
`
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`
`
`
`<image006.gif>Follow us <image007.gif>Like us Subscribe
`Follow us
`
`
`From: Bradley
` [
`Sent: March-21-16 6:09 PM
`
`To: Unemployed Professors
`
`Subject: Re: Banners
`
`Hello,
`
`Please go through BuySellAds to place media. I haven't received any sort of email or alert
`that we need to approve ads from them - did they tell you that they were waiting for our
`approval to run the campaign? I think the approval process, etc is done entirely through
`BuySellAds.com - you may want to reach out to them and see what the hold up is in regards
`to your campaign.
`
`Best,
`Bradley
`Director, Advertising Sales Operations
`
`
`
`
`
`
`
` I
`
`Austin, Texas 78746
`
` Texas Hwy 2-210
`
`2/6
`
`
`
`4/25/2021
`
`Yahoo Mail - Banners with Grandex
`
`
`twitter | instagram | facebook
`
`On Mon, Mar 21, 2016 at 4:33 PM, Unemployed Professors
`<info@unemployedprofessors.com> wrote:
`Hey Brad,
`
`You never got back to me. We really want to advertise with you. Let me know all the info you need
`and I’ll shoot it right away and pay in order to go live, if however, you still
`want to proceed with
`buysellads, we don’t have a problem with that as well, however, we were already approved there but
`you never put our ad live.
`Let me know how you want to do it :)
`
`
`Thanks,
`Admin
`<image005.jpg>
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`
`
`<image006.gif>Follow us <image007.gif>Like us Subscribe
`Follow us
`
`
`From: Bradley
`Sent: March-18-16 10:40 AM
`To: Unemployed Professors
`Cc: Blake Perdue
`Subject: Re: Banners
`
`Hello,
`
`We are going to pass on this partnership - we aren't interested in developing business
`relationships with anonymous partners. I recommend either attempting to work with
`BuySellAds.com again or working with another publisher.
`
`Best of luck with your business,
`Bradley Kee
`Director, Advertising Sales Operations
`
`
`]
`
`Austin, Texas 78746
`Direct: 512-739-7192
`
`twitter | instagram | facebook
`
`On Thu, Mar 17, 2016 at 7:22 PM, Unemployed Professors
`<info@unemployedprofessors.com> wrote:
`Alright no worries, tell me how much the total if I pay with paypal? I believe they take a 2.9% cut
`right? So give me the total or just shoot me the paypal invoice and I’ll release payment.
`
`You can create the invoice to Unemployed Professors, 610 Champagneur, Outremont, Quebec.
`
`
`Thanks,
`Admin
`
`3/6
`
`
`
`4/25/2021
`
`Yahoo Mail - Banners with Grandex
`
`]
`
`<image005.jpg>
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`
`
`<image006.gif>Follow us <image007.gif>Like us Subscribe
`Follow us
`
`
`From: Bradley
`Sent: March-17-16 5:50 PM
`To:
`Professors
`Cc:
`Subject: Re: Banners
`
`Hello,
`
`You can either pay through our QB Online Portal, which pulls payment directly from your
`bank - Or you can pay via Paypal, but you would have to cover additional fees that apply
`
`Whichever method is easiest for you, works for us. I've cced Blake Perdue, who handles our
`AP. Feel free to direct payment questions to Blake.
`
`Please provide a billing contact and billing address so that I can draft an Insertion Order for
`our records.
`
`Best,
`
`.
`
`
`
` Sales Operations
`
`Austin, Texas 78746
`Direct: 512-739-7192
`
`twitter | instagram | facebook
`
`On Thu, Mar 17, 2016 at 4:00 PM, Unemployed Professors
`<info@unemployedprofessors.com> wrote:
`Hey,
`
`Alright fair enough, we’ll go with $150 frat and $150 for sorority as a starter and test it out.
`As for payment, cant you just send me a paypal invoice and I’ll pay it right away?
`Also, it’s for the top banner but full size I presume?
`
`
`Thanks,
`Admin
`<image005.jpg>
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`
`Subscribe <image006.gif>Follow us <image007.gif>Like us
`
`Follow us
`
`
`From: Bradley
`Sent: March-17-16 4:27 PM
`To: Unemployed Professors
`Subject: Re: Banners
`
`.co]
`
`4/6
`
`
`
`4/25/2021
`
`Yahoo Mail - Banners with Grandex
`
`
`Hello,
`
`Thanks for your patience. We can run the banners at a $3CPM for your test flight. We
`require payment in advance - if you'd like to purchase the campaign, please provide a billing
`contact and address, and I will draft an insertion order for you to sign.
`
`Thanks,
`Bradley
`Director, Advertising Sales Operations
`
`
`Austin, Texas 78746
`
`twitter | instagram | facebook
`
`On Thu, Mar 17, 2016 at 2:05 PM, Unemployed Professors
`<info@unemployedprofessors.com> wrote:
`Splendid thanks! We’ll be waiting. We want to run this asap like starting next week :)
`
`
`Thanks,
`Admin
`<image005.jpg>
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`
`
`<image006.gif>Follow us <image007.gif>Like us Subscribe
`Follow us
`
`
`From: Bradley
`Sent: March-17-16 1:44 PM
`To: Unemployed Professors
`Subject: Re: Banners
`
`Hey there,
`
`Confirming receipt of both of your emails. I am tied up with a few Ad campaigns that we're
`currently running, but will get back to you asap with feedback.
`
`Best,
`Bradley Kee
`Director, Advertising Sales Operations
`
`
`
`
`Austin, Texas 78746
`
`twitter | instagram | facebook
`
`On Wed, Mar 16, 2016 at 5:42 PM, Unemployed Professors
`<info@unemployedprofessors.com> wrote:
`These are the banners we’d like to place.
`
`
`5/6
`
`
`
`4/25/2021
`
`Yahoo Mail - Banners with Grandex
`
`
`Thanks,
`Admin
`<image005.jpg>
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`
`
`<image006.gif>Follow us <image007.gif>Like us Subscribe
`Follow us
`
`
`
`
`
`No virus found in this message.
`Checked by A VG - www.avg.com
`Version: 2015.0.6189 / Virus Database: 4542/11858 - Release Date: 03/21/16
`
`
`No virus found in this message.
`
`Checked by A VG - www.avg.com
`
`Version: 2015.0.6189 / Virus Database: 4542/11858 - Release Date: 03/21/16
`
`6/6
`
`
`
`Firefox
`
`file:///C:/Users/rafia/Desktop/email for ads.htm
`
`From:
`Sent:
`To:
`Subject:
`A�achments:
`
`Jus�n Jaye - FlySigns Aerial Adver�sing, LLC
`April 16, 2018 3:10 AM
`Unemployed Professors
`Produc�on Op�ons
`Commercial Produc�on Op�ons.pdf
`
`>
`
`Miami, South Beach areas starting flight rates are $485.00 per flight hour. 2 hour
`minimum. Flight discounts with custom billboard purchases will be applied to all
`flights booked at time of production purchase.
`
`If you have any questions or concerns regarding anything, please feel free to
`contact me by email or phone at any time.
`
`Thank you!
`
`Justin Jaye
`FlySigns Aerial Advertising, LLC
`
`From: Unemployed Professors
`Sent: Sunday, April 15, 2018 8:37 PM
`To: 'Justin Jaye - FlySigns Aerial Advertising, LLC'
`Subject: RE: Airplane Banner Quotre
`
`What are the available loca�ons? I want south beach
`
`Thanks,
`Admin
`
`EXHIBIT
` F-1
`
`1 of 3
`
`2021-03-29, 8:43 p.m.
`
`
`
`Firefox
`
`file:///C:/Users/rafia/Desktop/email for ads.htm
`
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`Follow us
`Like us
`Subscribe
`Follow us
`
`From: Justin Jaye - FlySigns Aerial Advertising, LLC
`Sent: April 15, 2018 11:30 PM
`To: Unemployed Professors
`Subject: Airplane Banner Quotre
`Quotes are based on location of where we will be flying.
`
`Please advise any locations you are interested in.
`
`Thanks!
`Justin Jaye
`
`From: Unemployed Professors
`Sent: Saturday, April 14, 2018 6:14 PM
`To: Unemployed Professors
`Subject: Inquiry
`
`Hello,
`Hope this finds you well,
`
`I want to inquire how much is it for a banner air sign, it’s for UnemployedProfessors.com a site that helps students
`with their homework etc. we would like to fly some promo during busy seasons etc. mostly season of spring breaks
`and such. If you can send me a price list and all details it would be highly appreciated.
`
`Thanks,
`Admin
`
`2 of 3
`
`2021-03-29, 8:43 p.m.
`
`
`
`Firefox
`
`file:///C:/Users/rafia/Desktop/email for ads.htm
`
`We tweet indeed! We're Social too! We be bloggin' & Instalicious
`Follow us
`Like us
`Subscribe
`Follow us
`
`3 of 3
`
`2021-03-29, 8:43 p.m.
`
`
`
`My Account | Billing
`
`https://account.godaddy.com/receipts/view/330252540
`
`Receipt
`
`№ 33025
`
`DATE:
`May 24, 2011, 1:00 AM
`
`CUSTOMER #:
`35224500
`BILL TO:
`Rafi Astor
`
`PAYMENT:
`MasterCard •••• 0
`
`Previous Balance
`
`Received Payment
`
`Balance Due (USD)
`
`Term
`
`1
`
`1 yr
`
`CONTACT US 24/7 480-505-8877
`
`$
`
`$
`($
`
`)
`
`$0.00
`
`Amount
`
`$
`
`9
`
`$
`
`$0.00
`$
`
`$
`
`$
`
`Product
`
`.COM Domain Registration
`
`UNEMPLOYEDPROFESSORS.COM
`
`1
`
`Private Domain Registration
`
`UNEMPLOYEDPROFESSORS.COM
`Discount
`
`$
`-$
`
`Subtotal
`Taxes
`Fees
`
`Total (USD)
`
`1 of 2
`
`EXHIBIT
` D-6
`
`2021-03-24, 11:14 p.m.
`
`
`
`My Account | Billing
`
`https://account.godaddy.com/receipts/view/330252540
`
`REFERENCE
`
`Taxes
`
`GoDaddy.com, LLC
`4455 N. Hayden Rd.,
`Suite 219,
`Scottsdale, Arizona 85260,
`United States
`
`Fees
`
`1.
`
`ICANN
`UNEMPLOYEDPROFESSORS.COM
`
`Universal Terms of Service
`
`$
`
`$
`
`$
`
`$
`
`2 of 2
`
`2021-03-24, 11:14 p.m.
`
`
`
`4/25/2021
`
`Re: Twitter
`
`Yahoo Mail - Re: Twitter
`
`
`
`
`
`
`
`
`
`Our t(cid:449)i(cid:425)er page ho(cid:449) (cid:272)learly state JOINED (cid:1006)(cid:1004)(cid:1005)(cid:1005) o(cid:374) the t(cid:449)i(cid:425)er (cid:272)ale(cid:374)dar
`
`h(cid:425)ps://t(cid:449)i(cid:425)er.(cid:272)o(cid:373)/theuprofessors
`
`EXHIBIT
` E-1
`
`1/2
`
`
`
`4/25/2021
`
`Yahoo Mail - Re: Twitter
`
`(cid:449)e also ha(cid:448)e the fa(cid:272)e(cid:271)ook page a(cid:374)d as (cid:449)ell as the youtu(cid:271)e I (cid:373)ea(cid:374) the proofs are e(cid:374)dless they (cid:272)a(cid:374)'t
`(cid:271)e all su(cid:271)(cid:373)i(cid:425)ed it's a (cid:1005)(cid:1004) year of (cid:374)o(cid:374)e stop (cid:271)usi(cid:374)ess....
`
`2/2
`
`
`
`3/30/2021
`
`Yahoo Mail - First blog
`
`First blog
`
`From:
`To:
`
`
`
`EXHIBIT
` E-2
`
`1/1
`
`
`
`
`
`95.8mmIa588m-22:95.m._ao
`
`+
`
`._mammfloi
`
`
`
` 09638958.cd35.28.52533885....“Duanwxv
`
`
`xx:2oz.8<EzooE:_e€m9flx
`
`Edam»:mi:2szO_x29:55.8;325«$5fl._x
`
`9:953ass:is:32m35-8i
`
`1...
`
`Bwneao
`
`
`
`so:is»a...
`
`one...
`
`_meE_..mmman3538322330.aEwcifiooioonmufla
`
`.O
`
`¢
`
`5.52.0..
`
` um>oiEo=D.D0‘ea1...acme..Eq®@%Gxoonmomm5083dc3....
`
`
`
`
`.0ouammuzo9.:J.22253..990332.".
`
`533>258x080
`
`:63m
`
`29J...»gnu<>ofl»
`
`
`
`892mmn...mcm_achao._u_x_m~_Q,...oo:om_mwmammo2@sod><5:09.22a3.2
`
`
`
`
`
`
`
`c)p’.\l)bl’”-:N’lH”)\l)a\l’hb.~N.p),
`
`
`
`
`
`23:55:.rcemE;0%a:m.Emsde
`
`«mucoEmfimaize
`
`
`
`Emzmr.Eflcoo“mom
`
`22mQEmEEooO9.:anSon.25:92-33203mmIw
`
`
`
`._<8minflame—2hmama.c
`
`
`
`wowlawmamB809599:ucfimsuc::53
`
`ucm223?:oz;Bacon9:>3$3532ng
`
`
`
`30>Soc8c2688:9:265m_xoonwumn.
`
`
`
`
`
`~m_Eocoommzh©.uflfiocoow0......0209.
`
`
`
`.mme9.223msaEmo
`
`05:5
`
`8saw333286
`
`...O.2?©.285835whmEoumau£5,
`
`
`
`mLOmWOFOLQUfl>O_QE0r—=«omccouUcmmflmmammhu$203‘59»ommogocwT
`
`xoonconu.3wmcfimamSo>uu<%3®6©EoEEoom2:?.aE
`
`EXHIBIT
` E-3
`
`x.2395<8n....>z.«itezxwE<ooc....~-<oo-mo_0>z_E<oou....o~-moo.wo_o>z_E<5%....3amtmixw@<825828,1
`
`DHWEIIIEIIIIIImMu-FS.a.
`
`\l
`
`_
`
`
`
`!EPA-«QJEPOOQ?A'EDWLEU
`
`
`
`
`
`
`Unemployed professors Press Articles
`
`Inside the black market for college homework | The Daily Dot
`
`Mar 2, 2020, 9:19 am
`
`
`There's a Service Where College Professors Write Term Papers for
`Lazy Students (businessinsider.com)
`
`Feb 17, 2014
`
`
`Unemployed Professors: Website offers student papers written ...
`slate.com
`
`FEB 11 2014
`
`Unemployed For Years, Professor Turns To Ghostwriting For
`Students | HuffPost
`04/09/2012
`
`
`
`Don’t feel like writing that essay? Pay an unemployed professor to do
`it for you (yahoo.com)
`SEPT 13 2012
`
`
`
`Proudly Unethical Website Hires Unemployed College Professors to
`Write Essays for Students (gawker.com)
`
`SEPT 13 2012
`
`
`
`UnemployedProfessors.com has teachers writing students ...
`nationalpost.com › news › canada › we-make-your-pap...
`Sep 13, 2012 - 'We make your papers go away': Website has unemployed profs writing ...
`assistants and graduate students who do this, but professors?”.
`
`
`EXHIBIT
` F
`
`
`
`
`
`
`"Unemployed Professor - Will Write Essays for Food ... - CBC.ca
`www.cbc.ca › player › play
`
`"Unemployed Professor - Will Write Essays for
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
