Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1132379
`05/09/2021
`
`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
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`Salt Life, LLC
`
`05/09/2021
`
`322 SOUTH MAIN STREET
`GREENVILLE, SC 29601
`UNITED STATES
`
`JASON A PITTMAN
`DORITY & MANNING, P.A.
`75 BEATTIE PLACE, SUITE 1100
`GREENVILLE, SC 29601
`UNITED STATES
`Primary Email: jpittman@dority-manning.com
`Secondary Email(s): litdocketing@dority-manning.com
`8642711592
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88979162
`
`Publication date
`
`11/10/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`05/09/2021
`
`Opposition Peri-
`od Ends
`
`05/09/2021
`
`Hicks, Phillip
`13934 BLUE SPRINGS RD.
`YOUNGSTOWN, FL 32466
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 025. First Use: 2014/01/15 First Use In Commerce: 2014/01/15
`All goods and services in the class are opposed, namely: Apparel, namely, shirts, sweatshirts,
`hooded sweatshirts, sweatpants, shorts, jackets, hats, caps, beanies, sun visors being headwear, do
`rags for use as headwear, headbands, neckerchiefs, neck gaiters, socks, footwear, wristbands as
`clothing, swimwear, belts, undergarments, one-piece garments for children
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`No use of mark in commerce before application
`or amendment to allege use was filed
`
`Trademark Act Sections 1(a) and (c)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2959429
`
`Registration Date
`
`06/07/2005
`
`Application Date
`
`09/04/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`SALT LIFE
`
`NONE
`
`Class 025. First use: First Use: 2003/10/02 First Use In Commerce: 2003/10/02
`Clothing and apparel, namely, caps, shirts, T-shirts, [ underwear, socks, pants,
`sweaters, jackets, shoes, sandals, ] bathing suits, Bermuda shorts, walking
`shorts, [ wet suits, ] swim trunks, caps with visors, visors, fleece pullovers, sweat
`shirts, surf wear, [ briefs, boxer briefs, panties, wind resistant jackets ]
`
`U.S. Registration
`No.
`
`3762960
`
`Registration Date
`
`03/23/2010
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`08/06/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "SALT LIFE".
`
`Class 016. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`Stickers
`Class 025. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`Caps; Shirts; Surf wear
`
`U.S. Registration
`No.
`
`3763170
`
`Registration Date
`
`03/23/2010
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`08/19/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`The mark consists of the words "SALT LIFE".
`
`

`

`Goods/Services
`
`Class 014. First use: First Use: 2008/00/00 First Use In Commerce: 2008/00/00
`Jewelry
`
`U.S. Registration
`No.
`
`3808444
`
`Registration Date
`
`06/22/2010
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`08/06/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "SALT LIFE".
`
`Class 043. First use: First Use: 2010/01/04 First Use In Commerce: 2010/01/04
`Restaurant and bar services
`
`U.S. Registration
`No.
`
`3843123
`
`Registration Date
`
`08/31/2010
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`05/07/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 014. First use: First Use: 2008/00/00 First Use In Commerce: 2008/00/00
`Jewelry
`Class 043. First use: First Use: 2010/01/04 First Use In Commerce: 2010/01/04
`Restaurant and bar services
`
`U.S. Registration
`No.
`
`4172126
`
`Registration Date
`
`07/10/2012
`
`Word Mark
`
`SALT LIFE
`
`Application Date
`
`05/07/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2012/04/09 First Use In Commerce: 2012/04/09
`All-purpose carrying bags; Backpacks; Beach bags
`
`U.S. Registration
`No.
`
`4246525
`
`Registration Date
`
`11/20/2012
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/22/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 021. First use: First Use: 2010/03/08 First Use In Commerce: 2010/03/08
`Insulating sleeve holders for beverage cans and bottles
`
`U.S. Registration
`No.
`
`4301817
`
`Registration Date
`
`03/12/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/22/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 020. First use: First Use: 2013/01/15 First Use In Commerce: 2013/01/15
`Beach Chairs
`
`U.S. Registration
`No.
`
`4301818
`
`Registration Date
`
`03/12/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/22/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 024. First use: First Use: 2013/01/15 First Use In Commerce: 2013/01/15
`Banners and flags of textile; Beach towels; Towels
`
`U.S. Registration
`No.
`
`4302914
`
`Registration Date
`
`03/12/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/21/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2013/01/15 First Use In Commerce: 2013/01/15
`Sunglasses; eyewear; [ chains, ] cords and cases for sunglasses and eye-
`glasses
`
`U.S. Registration
`No.
`
`4324994
`
`Registration Date
`
`04/23/2013
`
`Application Date
`
`06/07/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2013/02/13 First Use In Commerce: 2013/02/13
`Clothing and apparel, namely, jackets, pants [, shoes, and sandals ]
`
`U.S. Registration
`No.
`
`4336373
`
`Registration Date
`
`05/14/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/22/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2013/03/11 First Use In Commerce: 2013/03/11
`Beach umbrellas; Dog collars; Dog leashes; Duffel bags; Umbrellas; Luggage
`tags
`
`U.S. Registration
`No.
`
`4365102
`
`Registration Date
`
`07/09/2013
`
`Word Mark
`
`SALT LIFE
`
`Application Date
`
`11/22/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 2013/03/01 First Use In Commerce: 2013/03/01
`luggage
`
`U.S. Registration
`No.
`
`4381321
`
`Registration Date
`
`08/06/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/16/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "SALT LIFE" in stylized form.
`
`Class 018. First use: First Use: 2012/04/09 First Use In Commerce: 2012/04/09
`All purpose carrying bags; backpacks; beach bags; duffel bags; beach umbrel-
`las;dog collars; dog leashes; umbrellas; luggage; luggage tags
`
`U.S. Registration
`No.
`
`4381322
`
`Registration Date
`
`08/06/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/17/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "SALT LIFE" in stylized form.
`
`Class 020. First use: First Use: 2013/01/15 First Use In Commerce: 2013/01/15
`Beach chairs
`
`

`

`U.S. Registration
`No.
`
`4381323
`
`Registration Date
`
`08/06/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/17/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "SALT LIFE" in stylized form.
`
`Class 024. First use: First Use: 2013/01/15 First Use In Commerce: 2013/01/15
`Banners and flags of textile; beach towels; towels
`
`U.S. Registration
`No.
`
`4385571
`
`Registration Date
`
`08/13/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/10/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "Salt Life" in stylized form.
`
`Class 021. First use: First Use: 2010/03/08 First Use In Commerce: 2010/03/08
`Drinking glasses; insulating sleeve holders for beverage cans and bottles; port-
`able coolers; pet feeding and drinking bowls; sports bottles sold empty
`
`U.S. Registration
`No.
`
`4385581
`
`Registration Date
`
`08/13/2013
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/15/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`The mark consists of the words "Salt Life" in stylized form.
`
`

`

`Mark
`
`Goods/Services
`
`Class 009. First use: First Use: 2013/01/15 First Use In Commerce: 2013/01/15
`Sunglasses; eyewear; [ chains, ] cords and cases for sunglasses and eye-
`glasses;smartphone cases; cell phone cases [; mouse pads ]
`
`U.S. Registration
`No.
`
`4554189
`
`Registration Date
`
`06/24/2014
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/01/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "Salt Life" in stylized form.
`
`Class 035. First use: First Use: 2005/12/31 First Use In Commerce: 2005/12/31
`Online retail store services and retailstore services featuring clothing, decals,
`sports and outdoor living related merchandise
`Class 038. First use: First Use: 2011/04/01 First Use In Commerce: 2011/04/01
`Social media services, namely, the provision of interactive forums in which users
`may exchange information, recordings,videos, and photographs about outdoor-
`related activities
`
`U.S. Registration
`No.
`
`4562190
`
`Registration Date
`
`07/08/2014
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/09/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`
`The mark consists of the words "Salt Life" in stylized form with crossed fishing
`
`

`

`Mark
`
`poles between the "Salt" and "Life" and with a skull positioned above the
`crossed fishing poles.
`
`Goods/Services
`
`Class 025. First use: First Use: 2007/01/05 First Use In Commerce: 2007/01/05
`Clothing, namely, shirts [, sweat shirts ] and caps
`
`U.S. Registration
`No.
`
`4627064
`
`Registration Date
`
`10/28/2014
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`03/22/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 2003/10/02 First Use In Commerce: 2003/10/02
`Clothing, namely, hats, caps, shirts, T-shirts, shorts, swim trunks, visors, fleece
`pullovers, sweat shirts, surf wear,jackets, pants, [ bandanas, sun sleeves, ]
`dresses [ and footwear ]
`
`U.S. Registration
`No.
`
`4554190
`
`Registration Date
`
`06/24/2014
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`11/01/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2005/12/31 First Use In Commerce: 2005/12/31
`Online retail store services and retailstore services featuring clothing, decals,
`sports and outdoor living related merchandise
`Class 038. First use: First Use: 2011/04/01 First Use In Commerce: 2011/04/01
`Social media services, namely, the provision of interactive forums in which users
`may exchange information, recordings,videos, and photographs about outdoor-
`related activities
`
`

`

`U.S. Registration
`No.
`
`5091373
`
`Registration Date
`
`11/29/2016
`
`Word Mark
`
`Design Mark
`
`SALT LIFE
`
`Application Date
`
`10/16/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the words "Salt Life" in stylized form.
`
`Class 025. First use: First Use: 2003/10/00 First Use In Commerce: 2003/10/00
`Clothing and apparel, namely, jackets, pants, shoes, sandals, bathing suits,
`shorts and sweat shirts; sun protective clothing, namely, bandanas
`
`Related Proceed-
`ings
`
`92074301
`
`Attachments
`
`77798829#TMSN.png( bytes )
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`85754930#TMSN.png( bytes )
`5-9-21 Notice of Opposition.pdf(148060 bytes )
`
`Signature
`
`/jason a pittman/
`
`Name
`
`Date
`
`JASON A PITTMAN
`
`05/09/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Application No. 88979162
`
` )
`
`
`Salt Life, LLC
`
`
`
`)
`
`
`
`
`
`Opposer,
`
`)
`
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`
`
`
`
`)
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` )
`
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`
`)
`
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`v.
`
`
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`)
`
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`
`
`Phillip Hicks, )
`
`
`
`
`
`
`
`
`)
`
`
`
`
`
`Applicant.
`
`)
`
`
`Opposition No. ____________
`
`
`Mark: POOL LIFE
`
`
`
`
`
`
`
`
`Salt Life, LLC (“Opposer”), a limited liability company organized under the laws of
`
`NOTICE OF OPPOSITION
`
`Georgia having its headquarters located at 1147 6th Ave., Columbus, Georgia 31901, will be
`
`damaged by registration of the alleged mark POOL LIFE (referred to herein sometimes as
`
`“Applicant’s designation”) in U.S. Application No. 88979162 for “Apparel, namely, shirts,
`
`sweatshirts, hooded sweatshirts, sweatpants, shorts, jackets, hats, caps, beanies, sun visors being
`
`headwear, do rags for use as headwear, headbands, neckerchiefs, neck gaiters, socks, footwear,
`
`wristbands as clothing, swimwear, belts, undergarments, one-piece garments for children” in
`
`International Class 025, and hereby opposes registration of the same pursuant to the Lanham Act.
`
`
`
`As grounds in support of its Notice of Opposition, Opposer asserts as follows:
`
`1.
`
`Upon information and belief, Phillip Hicks is the owner of U.S. Trademark
`
`Application No. 88979162 (“the ‘162 application”), for the alleged mark “POOL LIFE” in
`
`International Class 025.
`
`
`
`Page 1 of 9
`
`

`

`2.
`
`Upon information and belief, the ‘162 application was based on allegations of use
`
`by Applicant but, upon information and belief, Applicant has not used the designation in
`
`commerce and/or has abandoned use of the subject designation on some or all identified goods
`
`and/or services. Upon information and belief, the product depicted in the specimen submitted
`
`with the ‘162 application has not been utilized by Applicant in commerce and represents a
`
`sticker or label placed over another product label.
`
`3.
`
`Since long prior to the filing date of the ‘162 application, or any date of first use
`
`alleged by Applicant, Opposer and/or its predecessors in interest have used, advertised, and
`
`promoted the mark SALT LIFE as a trademark, service mark, and/or have analogous usage in a
`
`trademark or service mark sense or alternatively in a trade name sense, or use analogous to
`
`trademark, service mark or trade name usage, in commerce and/or in interstate commerce, in
`
`connection with various products related to the field of clothing, apparel and related accessories,
`
`and in connection with other products and/or services. Salt Life has utilized the mark SALT
`
`LIFE in commerce throughout the United States.
`
`4.
`
`Salt Life or its predecessors have continuously used, advertised, and promoted the
`
`mark SALT LIFE in connection with various products related to the field of clothing and apparel
`
`and in connection with other products and services since at least as early as October 2003.
`
`5.
`
`Salt Life is the owner of all rights, title, and interest in trademarks that include the
`
`formative words SALT LIFE. Opposer owns extensive common law rights to its SALT LIFE
`
`marks by virtue of the aforementioned use of the marks in commerce. Opposer also owns United
`
`States trademark registrations on the principal register for its SALT LIFE marks, including at
`
`least the following United States trademark registrations.
`
`
`
`Page 2 of 9
`
`

`

`Trademark
`
`SALT LIFE
`
`U.S.
`Trademark
`Reg. No.
`2,959,429
`
`September 4,
`2003
`
`International Class &
`Goods/Services
`
`Filing Date Date of First
`Use in
`Commerce
`October 2003 Class 25: Clothing
`and apparel, namely,
`caps, shirts, T-shirts,
`bathing suits,
`Bermuda shorts,
`walking shorts, swim
`trunks, caps with
`visors, visors, fleece
`pullovers, sweat
`shirts, surf wear.
`October 2003 Class 16: Stickers
`Class 25: Caps,
`shirts, surf wear.
`Class 14: Jewelry.
`
`
`3,762,960 August 6,
`2009
`
`3,763,170 August 19,
`2009
`
`2008
`
`3,808,444 August 6,
`2009
`
`January 2010 Class 43: Restaurant
`and bar services.
`
`
`
`
`
`
`
`SALT LIFE
`
`3,843,123 May 7, 2009
`
`2008 and
`January 2010
`
`SALT LIFE
`
`4,172,126 May 7, 2009 April 2012
`
`Class 14: Jewelry.
`Class 43: Restaurant
`and bar services.
`Class 18: All-purpose
`carrying bags;
`Backpacks; Beach
`bags.
`March 2010 Class 21: Insulating
`sleeve holders for
`beverage cans and
`bottles.
`Class 20: Beach
`Chairs.
`Class 25: Banners
`and flags of textile;
`Beach towels;
`Towels.
`Class 9: Sunglasses;
`eyewear; cords and
`cases for sunglasses
`and eyeglasses.
`Class 25: Clothing
`and Apparel, Namely,
`
`SALT LIFE
`
`4,246,525 November 22,
`2010
`
`SALT LIFE
`
`SALT LIFE
`
`4,301,817 November 22,
`2010
`4,301,818 November 22,
`2010
`
`SALT LIFE
`
`4,302,914 November 21,
`2010
`
`SALT LIFE
`
`4,324,994
`
`June 7, 2011
`
`
`
`Page 3 of 9
`
`January 15,
`2013
`January 15,
`2013
`
`January 15,
`2013
`
`February
`2013
`
`

`

`SALT LIFE
`
`4,336,373 November 22,
`2010
`
`SALT LIFE
`
`4,365,102 November 22,
`2010
`4,381,321 October 16,
`2012
`
`
`
`
`
`
`
`
`
`
`
`
`
`4,381,322 October 17,
`2012
`
`4,381,323 October 17,
`2012
`
`4,385,571 October 10,
`2012
`
`4,385,581 October 15,
`2012
`
`4,554,189 November 1,
`2012
`
`
`
`Page 4 of 9
`
`Jackets, Pants
`March 2013 Class 18: Beach
`umbrellas; Dog
`collars; Dog leashes;
`Duffel bags;
`Umbrellas; Luggage
`tags.
`Class 18: luggage.
`
`March 1,
`2013
`April 9, 2012 Class 18: All-purpose
`carrying bags;
`backpacks; beach
`bags; duffel bags;
`beach umbrellas; dog
`collars; dog leashes;
`umbrellas; luggage;
`luggage tags.
`Class 20: Beach
`chairs.
`
`January 15,
`2013
`
`January 14,
`2013
`
`Class 24: Banners
`and flags of textile;
`beach towels; towels.
`March 2010 Class 21: Drinking
`glasses; insulating
`sleeve holders for
`beverage cans and
`bottles; portable
`coolers; pet feeding
`and drinking bowls;
`sports bottles sold
`empty.
`Class 9: Sunglasses;
`eyewear; cords and
`cases for sunglasses
`and eyeglasses;
`smartphone cases;
`cell phone cases.
`Class 35: Online
`retail store services
`and retail store
`services featuring
`clothing, decals,
`sports and outdoor
`
`January 15,
`2013
`
`December
`2005 and
`April 2011
`
`

`

`December
`2005 and
`April 2011
`
`living related
`merchandise.
`Class 38: Social
`media services,
`namely, the provision
`of interactive forums
`in which users may
`exchange
`information,
`recordings, videos,
`and photographs
`about outdoor-related
`activities.
`Class 35: Online
`retail store services
`and retail store
`services featuring
`clothing, decals,
`sports and outdoor
`living related
`merchandise.
`Class 38: Social
`media services,
`namely, the provision
`of interactive forums
`in which users may
`exchange
`information,
`recordings, videos,
`and photographs
`about outdoor-related
`activities.
`January 2007 Class 25: Clothing,
`namely, shirts, sweat
`shirts and caps.
`October 2003 Class 25: Clothing,
`namely, hats, caps,
`shirts, T-shirts,
`shorts, swim trunks,
`visors, fleece
`pullovers, sweat
`shirts, surf wear,
`jackets, pants,
`bandanas, sun
`
`SALT LIFE
`
`4,554,190 November 1,
`2012
`
`
`SALT LIFE
`
`4,562,190 October 9,
`2012
`
`4,627,064 March 22,
`2013
`
`
`
`Page 5 of 9
`
`

`

`5,091,373 October 16,
`2012
`
`
`
`sleeves, dresses and
`footwear.
`October 2003 Class 25: Clothing
`and apparel, namely,
`jackets, pants, shoes,
`sandals, bathing suits,
`shorts and sweat
`shirts; sun protective
`clothing, namely
`bandanas
`
`
`
`6.
`
`The registrations referenced above are valid and subsisting, in full force and
`
`effect, and constitute prima facie and/or conclusive evidence of Opposer’s exclusive right to use
`
`the marks in commerce in connection with the goods specified in the registrations.
`
`7.
`
`Opposer has priority of use in all respects for its SALT LIFE, marks relative to
`
`Applicant’s designation POOL LIFE set forth in the ‘162 application and the stylized version,
`
`, depicted by Applicant.
`
`8.
`
`Opposer’s SALT LIFE marks are inherently distinctive and have acquired
`
`distinctiveness through the long, continuous, and substantially exclusive use so that consumers
`
`associate the SALT LIFE marks with a single source, namely Opposer. The trademark and
`
`service mark SALT LIFE has been used nationally to promote goods to the consuming public
`
`and such use has occurred since as early as 2003.
`
`9.
`
`Opposer and its predecessors have generated significant revenue through the sale
`
`of products bearing the SALT LIFE marks to consumers across the U.S. Salt Life has generated
`
`significant revenue through the sale of a significant number of products bearing the SALT LIFE
`
`marks to consumers across the United States.
`
`10.
`
`Opposer and its predecessors have made substantial investment in advertising,
`
`marketing, and promoting Opposer’s goods under Opposer’s SALT LIFE marks. Opposer and
`Page 6 of 9
`
`
`
`

`

`its predecessors have extensively used, advertised, promoted, and offered Opposer’s goods
`
`bearing Opposer’s SALT LIFE marks to the public through various channels of trade in
`
`commerce. Salt Life has invested a significant amount to market the SALT LIFE trademarks
`
`through print and internet advertising channels and the use of brand ambassadors throughout the
`
`United States. Through its advertising, including its brand ambassadors, the SALT LIFE marks
`
`have permeated the market and are known and recognized. Accordingly, Opposer’s customers
`
`and the public in general have come to know and recognize Opposer’s SALT LIFE marks to
`
`associate the same with Opposer and/or the goods sold by Opposer.
`
`13.
`
`Opposer and its predecessors have sold and offered for sale goods, including
`
`clothing, bearing the SALT LIFE marks in a trading area of broad geographical scope
`
`encompassing the United States, including its territories.
`
`14.
`
`The SALT LIFE marks are symbolic of the extensive goodwill and consumer
`
`recognition that Opposer has established through substantial expenditures of time, effort and
`
`other resources in the advertising and promotion of the goods Opposer sells and offers for sale
`
`under the SALT LIFE marks.
`
`15.
`
`As a result of Opposer’s regular, extensive, and well-publicized use, as well as the
`
`above-mentioned advertising, marketing, promotion, and sales, Opposer’s SALT LIFE marks
`
`have become famous and are associated exclusively with Opposer and its high quality goods.
`
`Indeed, Opposer’s marks have become famous within the meaning of 15 U.S.C. § 1125(c) prior
`
`to the filing date of the ‘162 application and/or any alleged first use of the designation POOL
`
`LIFE by Applicant.
`
`
`
`Page 7 of 9
`
`

`

`16.
`
`Applicant’s designation POOL LIFE is confusingly similar in sound, appearance,
`
`connotation, and overall commercial impression to Opposer's SALT LIFE marks.
`
`17.
`
`The channels of trade through which Applicant’s potential products, and
`
`Opposer’s products and services are sold or will be sold are likely to overlap. The types of
`
`products upon which the parties marks or designations are similar or related. Such similarities
`
`are likely to cause confusion, mistake or to deceive consumers and lead consumers to believe
`
`Applicant’s goods and services as designated are goods and services of Opposer, or in some way
`
`backed by, sponsored by, franchised by, approved by, associated with, or otherwise connected
`
`with the good name and reputation of Opposer, to the damage and injury of the public, and to the
`
`damage and injury of Opposer and its goodwill in its SALT LIFE marks.
`
`18.
`
`Applicant’s designation so resembles Opposer’s SALT LIFE marks that
`
`registration and use of the POOL LIFE designation by Applicant with respect to the ‘162
`
`application is likely to cause confusion, mistake or to deceive consumers and lead consumers to
`
`believe Applicant’s goods and services as designated are goods and services of Opposer, or in
`
`some way backed by, sponsored by, franchised by, approved by, associated with, or otherwise
`
`connected with the good name and reputation of Opposer, to the damage and injury of the public,
`
`and to the damage and injury of Opposer and its goodwill in its SALT LIFE marks. Registration
`
`of the designation that is the subject of the ‘162 application is thus precluded under the Lanham
`
`Act.
`
`19.
`
`Applicant’s designation so resembles Opposer’s SALT LIFE marks that
`
`registration and use of the Applicant’s designation sought to be registered by Applicant in the
`
`‘162 application will cause dilution of the distinctive qualities of Opposer’s SALT LIFE marks
`
`
`
`Page 8 of 9
`
`

`

`by blurring Opposer’s SALT LIFE marks from association with a single source, namely
`
`Opposer. Such dilution will likely cause damage and injury to Opposer and its goodwill in its
`
`SALT LIFE marks. Registration of the designation that is the subject of the ‘162 application is
`
`thus precluded under the Lanham Act.
`
`
`
`WHEREFORE, Opposer believes it will be damaged by registration of Applicant’s
`
`POOL LIFE designation and prays that the present Notice of Opposition be granted and that the
`
`‘162 application be refused registration.
`
`Date: May 9, 2021
`
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`
`
`Respectfully submitted,
`
`DORITY & MANNING, P.A.
`
` / Jason A. Pittman /
`Jason A. Pittman
`jpittman@dority-manning.com
`DORITY & MANNING, P.A.
`Attorneys at Law
`75 Beattie Place, Suite 1100
`Greenville, SC 29601
`Phone: 864-271-1592
`Fax: 864-335-0127
`Attorney for Opposer
`Salt Life, LLC
`
`
`
`Page 9 of 9
`
`

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