Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1294966
`
`Filing date:
`
`06/30/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91272175
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`MelaBeauty LLC
`
`JEFFREY STURMAN
`STURMAN LAW, LLC
`8700 E JEFFERSON AVE # 371706
`DENVER, CO 80237
`UNITED STATES
`Primary email: tm-docket@sturmanlaw.com
`720-772-1724
`
`Motion for Rule 11 Sanctions (Not Discovery)
`
`Jeffrey Sturman
`
`info@sturmanlaw.com
`
`/Jeffrey Sturman/
`
`06/30/2023
`
`_Applicants Second Motion for Sanctions_MELAHUE v MELABEAUTY_Oppositi
`on Number 91272175_Jhonelle Beauty Cosmetics EE Inc v MelaBeauty
`LLC.pdf(116260 bytes )
`Exhibits for Applicants Second Motion for Sanctions_MELAHUE v MELABEA
`UTY_Opposition Number 91272175_Jhonelle Beauty Cosmetics EE Inc v Mela-
`Beauty LLC.pdf(2527237 bytes )
`Declaration of Jeffrey Sturman in Support of Applicants Second Motion for Sanc-
`tions_MELAHUE v MELABEAUTY_Opposition Number 91272175_Jhonelle
`Beauty Cosmetics EE Inc v MelaBeauty LLC.pdf(70977 bytes )
`Sturman Law Mail - Applicants Second Motion for Sanctions - MELAHUE v .
`MELABEAUTY - Opposition Number 91272175 -Jhonelle Beauty Cosmetics EE
`Inc v. MelaBeauty LLC.pdf(129716 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Jhon'elle Beauty Cosmetics EE, Inc.,
`
`Opposition Proceeding Number - 91272175
`
`Opposer,
`
`v.
`
`MelaBeauty LLC,
`
`Applicant.
`
`Applicant’s U.S. Serial Number - 90334676
`Applicant’s Trademark - MELABEAUTY
`
`APPLICANT’S SECOND MOTION FOR SANCTIONS AGAINST OPPOSER
`
`I.
`
`Introduction
`
`MelaBeauty LLC (“Applicant”), through its undersigned counsel, moves the Board to impose an
`
`appropriate sanction upon Jhon'elle Beauty Cosmetics EE, Inc. (“Opposer”), on account of Opposer’s
`
`continued failure to comply with the rules and procedures that govern proceedings before the Board, and
`
`the filing of motions and papers with the Board that are in violation of Rule 11(b) and (c) of the Federal
`
`Rules of Civil Procedure, Section 11.18 of the Code of Federal Regulations (“CFR”) and Section 527.02
`
`of the Trademark Trial and Appeal Board’s (“TTAB”) Manual of Procedure (“TBMP”).
`
`II.
`
`Background
`
`Opposer continues to eschew their responsibilities in acting in accordance with all rules and
`
`procedures that govern proceedings before the Board. After being served with a Motion for Sanctions,
`
`Opposer doubled down by filing another paper with the Board1, which contains unsupported allegations,
`
`incorrect information, and cites to cases in which the facts at issue were entirely different from the facts in
`
`this proceeding. The unfair nature of Opposer’s conduct is furthered by the prohibition against the filing
`
`of a surreply, thereby preventing Applicant from responding to the unsupported and incorrect statements
`
`1 TTABVUE 40 - Opposer’s Reply to Applicant’s Response in Opposition to Opposer’s Motion for
`Sanctions.
`
`1 of 7
`
`

`

`that Opposer has made against Applicant. See 37 CFR§ 2.127(a); No Fear Inc. v. Rule, 54 USPQ2d 1551,
`
`1553 (TTAB 2000); Consolidated Foods Corp. v. Berkshire Handkerchief Co., Inc., 229 USPQ 619, 620
`
`(TTAB 1986). Opposer’s conduct continues to cause needless delays and expenditure of unnecessary
`
`resources by both the Board and Applicant. Neither the Board, nor Applicant should not have to continue
`
`to be subjected to Opposer’s schemes which are neither fair nor proper. See Fort Howard Paper Co. v.
`
`C.V. Gambina Inc., 4 USPQ2d 1552, 1554 (TTAB 1987).
`
`In Opposer’s Reply to Applicant’s Response in Opposition to Opposer’s Motion for Sanctions
`
`(“Opposer’s Reply”), Opposer states that “Applicant gives a bogus reason on page two as to why
`
`information that was sought by Opposer in its discovery requests to the Applicant for its advertising cost
`
`was not in their possession, custody or control”. The term ‘bogus’ is defined as “false”, “spurious” and
`
`“not genuine”. However, Opposer’s allegations lack any factual basis, and are based entirely upon
`
`speculation. Opposer overlooks all other possibilities for why Applicant may not have had information of
`
`advertising expenses at the time that Applicant provided the discovery responses that Opposer takes issue
`
`with, including the most obvious, that Applicant may not have had a recollection of such expenses at that
`
`time.
`
`As Opposer is expected to be knowledgeable of and properly research all claims prior to filing
`
`any paper with the Board, Opposer should have known prior to the filing of their Motion for Sanctions,
`
`that the Board does not make rulings on evidence which a party has not yet sought to rely upon.
`
`Applicant’s Response to Opposer’s Motion for Sanctions details these precedents, which advise that the
`
`Board does not entertain motions in limine.2 As Applicant’s trial period has not commenced, there is no
`
`evidence for Opposer to seek to strike. Yet, Opposer has filed another paper which asks the Board to take
`
`actions which precedent advises that the Board will not take, and without any basis for why such
`
`precedent does not apply or should be overturned. Opposer relies upon Panda Travel, a case in which a
`
`party made evidence of record that was not provided to the opposing party prior to trial. Panda Travel,
`
`Inc. v. Resort Option Enterprises, Inc., 94 USPQ2d 1789 (TTAB 2009). Opposer’s Reply even quotes the
`
`2 See TTAB 39 at 6.
`
`2 of 7
`
`

`

`term “striking” evidence, despite there being no evidence to strike at the time that Opposer’s Reply was
`
`filed. Opposer further alleges that Applicant continues to withhold evidence, without any support for this
`
`claim.
`
`Opposer cites to a case which does not exist according to the citation that Opposer provided (In re
`
`American Greetings Corp., 74 USPQ2d 1470 (TTAB 2005)). The case located at the citation, 74 USPQ2d
`
`1470, was a patent infringement matter in which jurisdiction was at issue. Further, In re American
`
`Greetings Corp. is a 1985 ex parte appeal dealing with descriptiveness, and not remotely on point with the
`
`facts at issue in this proceeding. See In re American Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
`
`This unfortunately further emphasizes Opposer’s lack of care in making allegations and submitting
`
`documents to the Board without proper support and justification. Moreover, despite Opposer’s case
`
`citations, Opposer has not demonstrated any prejudice, nor culpability of Applicant, let alone that
`
`spoliation of any evidence has occurred.
`
`Opposer further quotes to a case, United Construction Products, Inc., in which the circumstances
`
`were entirely different from those in this proceeding. See United Construction Products, Inc. v. Tile Tech,
`
`Inc., 843 F.3d 1363 (2016). In United Construction Products, Inc., the court determined that “Tile Tech
`
`‘demonstrated a lack of respect for virtually every . . . deadline in this case,” such that “there is no
`
`assurance that this matter can proceed to trial on the true facts’.” Id. (quoting United Constr. Prods., Inc. v.
`
`Tile Tech, Inc., No. 2:14-cv-08570-R-VBK, 2015 WL 7776795, at *5-6 (C.D. Cal. Dec. 1, 2015). Title
`
`Tech further, admittedly destroyed evidence, provided discovery responses that were “routinely,
`
`significantly, and unrelentingly, deficient”, “failed to disclose or produce in response to discovery
`
`information regarding relevant witnesses and exhibits, but
`
`then sought
`
`to designate previously
`
`undisclosed witnesses and exhibits for trial”, failed to respond to Defendant’s Motion to Compel, and
`
`sought designation of an expert after the set deadline for such designations. United Constr. Prods., Inc.,
`
`2015 WL 7776795, at *10-12. Additionally, Opposer cites to Benedict v. Super Bakery, Inc, another case
`
`which is far from being on point. See Benedict v. Super Bakery, Inc. 665 F.3d 1263, 1268 (Fed. Cir. 2011)
`
`(“two years of failure to comply with discovery requests and orders”). Opposer further cites to Baron
`
`3 of 7
`
`

`

`Philippe de Rothschild S.A., in which there was a pattern of delays, and willful disregard for a Board
`
`order, neither of which Applicant has engaged in. See Baron Philippe de Rothschild S.A. v. Styl-Rite
`
`Optical Manufacturing Co., 55 USPQ2d 1848, 1854 (TTAB 2000).
`
`Additionally, Opposer makes assertions as to advertising on Instagram, and fails to support these
`
`assertions, nor where this information that Opposer relies upon came from. This is not surprising, as
`
`Opposer’s assertions are incorrect. As Opposer notes, Applicant’s advertisements began in November of
`
`2020. In 2020, an option was made available to run advertisements on Instagram without linking to a
`
`Facebook account. (See Exhibits 1-9). Nonetheless, Opposer repeats their allegations that Applicant
`
`fabricated evidence, without any basis for making this claim. Opposer further repeats their claims of
`
`spoliation of evidence, without even mentioning what specific documents it believes have been destroyed.
`
`III.
`
`Argument
`
`“Although the Board is not a court, the Board possesses the inherent authority to control the
`
`disposition of cases on its docket, which necessarily includes the inherent power to enter sanctions.”
`
`Carrini Inc. v. Carla Carini S.R.L, 57 USPQ2d 1067, 1071 (TTAB 2000); see also In re Bailey, 182 F.3d
`
`860, 864-65 (Fed. Cir. 1999). “The Board has discretion to tailor sanctions appropriate to the violations
`
`and may consider any measure designed to serve this purpose.” NSM Res. Corp. v. Microsoft Corp., 113
`
`USPQ2d 1029, 1038 (TTAB 2014) (citing Central Mfg. Inc. v. Third Millennium Tech. Inc., 61 USPQ2d
`
`1210, 1213 (TTAB 2001); Elec. Indus. Ass’n v. Potega, 50 USPQ2d 1775, 1778 (TTAB 1999)). Opposer
`
`“has engaged in a continued course of conduct involving the filing of baseless, unnecessary and frivolous
`
`motions and other papers which, by their many meritless arguments and piecemeal submission, have
`
`unnecessarily delayed this proceeding and needlessly raised the cost of this litigation. Giant Food v.
`
`Standard Terry Mills, 231 USPQ 633 (TTAB 1986).
`
`Under Rule 11(b) of the Federal Rules of Civil Procedure, a party that presents to a court, a
`
`“written motion, or other paper—whether by signing, filing, submitting, or later advocating it . . . certifies
`
`that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable
`
`under the circumstances: (1) it is not being presented for any improper purpose, such as to harass, cause
`
`4 of 7
`
`

`

`unnecessary delay, or needlessly increase the cost of litigation; (2) the claims, defenses, and other legal
`
`contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or
`
`reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or,
`
`if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further
`
`investigation or discovery . . .” Fed. R. Civ. P. 11(b). Under Rule 11(c), upon determining that Rule 11(b)
`
`has been violated, the court has the authority to impose appropriate sanctions. See Fed. R. Civ. P. 11(c).
`
`The Board also has the authority to impose sanctions under Section 11.18 of the Code of Federal
`
`Regulations, which states that “[t]o the best of the party's knowledge, information and belief, formed after
`
`an inquiry reasonable under the circumstances, (i) The paper is not being presented for any improper
`
`purpose, such as to harass someone or to cause unnecessary delay or needless increase in the cost of any
`
`proceeding before the Office; (ii) The other legal contentions therein are warranted by existing law or by a
`
`nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of
`
`new law; (iii) The allegations and other factual contentions have evidentiary support or, if specifically so
`
`identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or
`
`discovery . . .” 37 CFR § 11.18 (b)(2). Available sanctions under Section 11.18 include, and are not
`
`limited to “[s]triking the offending paper”, “[p]recluding a party .
`
`.
`
`. from submitting a paper, or
`
`presenting or contesting an issue”, and “[t]erminating the proceedings in the Office. 37 CFR § 11.18 (c).
`
`IV.
`
`Conclusion
`
`Applicant notes that the Board has the authority to impose sanctions upon Opposer sua sponte
`
`based upon the improper nature of Opposer’s Motion. See Giant Food v. Standard Terry Mills, 231 USPQ
`
`626, 633 (TTAB 1986) (citing Fed. R. Civ. P. 11). Opposer continues to file papers with the Board which
`
`set forth unsupported allegations and assertions, and make false statements that demonstrate lack of
`
`research or willful ignorance.
`
`Opposer’s conduct is even more concerning based upon the serious nature of Opposer’s claims
`
`and allegations. Applicant and the Board should not be further subjected to Opposer’s improper actions.
`
`The Board should impose appropriate sanctions against Opposer. At a minimum, sanctions should include
`
`5 of 7
`
`

`

`a requirement that Opposer obtain express permission from the Board prior to Opposer being allowed to
`
`file any further motions in this proceeding. However, as a result of the continuous nature of Opposer’s
`
`blatant disregard for the Board, Applicant, and the rules and regulations that govern this proceeding, the
`
`Board should enter judgment against Opposer in this proceeding.
`
`Dated: June 30, 2023
`
`Respectfully submitted
`on behalf of Applicant,
`
`/Jeffrey Sturman/
`Jeffrey Sturman, Esq.
`Sturman Law, LLC
`8700 E Jefferson Ave # 371706
`Denver, CO 80237
`Phone: 720-772-1724
`Attorney for Applicant
`
`6 of 7
`
`

`

`CERTIFICATE OF SERVICE
`
`I, Jeffrey Sturman, as attorney for Applicant, MelaBeauty LLC hereby certify that a true and
`
`complete copy of Applicant’s Second Motion for Sanctions was originally served upon Opposer, Jhon'elle
`
`Beauty Cosmetics EE, Inc. by sending the filed documents on June 08, 2023, to the correspondence email
`
`addresses
`
`as
`
`listed
`
`on
`
`TTABBVUE,
`
`jhonellebeautycosmeticsee@gmail.com,
`
`info@jhonellebeautycosmeticsee.com, and was served upon Opposer, Jhon'elle Beauty Cosmetics EE,
`
`Inc. by sending the filed documents on June 30, 2023, to the correspondence email addresses as listed on
`
`TTABBVUE, jhonellebeautycosmeticsee@gmail.com, info@jhonellebeautycosmeticsee.com
`
`/Jeffrey Sturman/
`Jeffrey Sturman, Esq.
`Sturman Law, LLC
`8700 E Jefferson Ave # 371706
`Denver, CO 80237
`Phone: 720-772-1724
`Attorney for Applicant
`
`7 of 7
`
`

`

`6/2/23, 8:17 PM
`
`Exhibit Number 001
`Boost an Instagram Post without a Meta Ad Account Connection | Instagram Help Center
`
`Help Center
`
`Instagram Features
`
`Manage Your Account
`
`Boost an Instagram Post
`
`without a Meta Ad Account
`
`Copy link
`
`Staying Safe
`
`Connection
`
`Privacy, Security and
`
`Computer Help
`
`Android App Help
`
`More
`
`Reporting
`
`Terms and Policies
`
`If you're based in or intend to target audiences in
`
`the US and want to create an ad campaign that
`
`relates to credit, employment, housing, social issues
`
`or political ads, you must choose the category that
`
`best describes your ads from the Special Ad
`
`Category dropdown menu.
`
`You can create ads on Instagram without a Facebook
`
`connection. Youʼll be able to manage your ads and view
`
`insights to track their performance within the Instagram
`
`app.
`
`To boost your Instagram Post:
`
`Ȁ. Go to your profile.
`
`ȁ. Tap the post you'd like to boost.
`
`Ȃ. Below the post's image, tap Boost Post.
`
`ȃ. Fill in the details of your ad by setting things like
`
`Goal (what results you'd like from this ad),
`
`Audience (who you want to reach), Budget (how
`
`much you want to spend daily) and Duration
`
`(how long you want your ad to run). Tap Next
`
`(iOS) or
`
` (Android) once you've completed
`
`these details.
`
`ȅ. To complete your ad, tap Boost post under
`
`Review.
`
`Once you've tapped Boost post, your ad will be
`
`reviewed to ensure it meets our ad policies. Ads are
`
`generally reviewed in 60 minutes, but in some
`
`https://help.instagram.com/630632987544366
`
`Exhibit Number 001
`
`1/3
`
`

`

`6/2/23, 8:17 PM
`
`Exhibit Number 002
`Boost an Instagram Post without a Meta Ad Account Connection | Instagram Help Center
`
`Help Center
`
`will begin running after it's been reviewed and approved.
`
`instances, the review process may take longer. Your ad
`
`If you're having trouble boosting your Instagram content
`
`and don't have a Meta ad account, you can get support
`
`from the ads team.
`
`If you have an ad account, you can get support from the
`
`Business Help Center.
`
`Was this helpful?
`
`Yes
`
`No
`
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`
`About Instagram Ads without a Meta Ad
`
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`API
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`https://help.instagram.com/630632987544366
`
`
`
`Exhibit Number 002
`
`2/3
`
`

`

`6/2/23, 7:41 PM
`
`Exhibit Number 003
`Instagram Ads Can Now Be Created Without Linking to a Facebook Ad Account - [Talking Influence]
`
`Inuencer Marketing
`
`Newsdesk
`
`Instagram Ads Can Now Be
`
`Created Without Linking to a
`
`Facebook Ad Account
`
`https://hellopartner.com/2020/06/23/instagram-ads-facebook-ad-account/
`Exhibit Number 003
`
`
`
`1/5
`
`Guest Writer
`
`June 23, 2020 — 1 minute read
`
`

`

`6/2/23, 7:41 PM
`
`Exhibit Number 004
`Instagram Ads Can Now Be Created Without Linking to a Facebook Ad Account - [Talking Influence]
`
`Instagram will now let advertisers create Instagram ad campaigns without
`
`having to link to a Facebook Page. However, this is only available to brands
`
`and creators that have not previously promoted posts.
`
`“You can now create Instagram ads without having a presence on Facebook. If
`
`you are promoting a post from your Instagram business account for the rst
`
`time, you won’t have to connect to a Facebook ad account or Facebook Page,”
`
`said Instagram in its statement.
`
`For the rst time, advertisers will be able to run their ad campaigns and track
`
`performance on Instagram directly instead of having to connect a prole to
`
`Facebook Ad Manager.
`
`If you’ve already promoted posts on Instagram, you’ve most likely already
`
`linked your Instagram and Facebook accounts and won’t have the option to
`
`disconnect the Instagram prole from the Facebook Page but will still be able
`
`to run ads.
`
`To promote your Instagram Post, go to your prole, tap the post you would
`
`like to promote and click Promote. Then, ll in the details of the promotion by
`
`setting things like destination, audience, budget and duration before tapping
`
`Create Promotion. The promotion will then be reviewed to ensure it meets the
`
`ad policies.
`
`Instagram outlined that this option is currently only available to new
`
`advertisers in the US and Turkey.
`
`After Facebook spent years integrating Instagram and Facebook to ensure
`
`that promotions are run through a centralised platform, this new
`
`announcement is contrary to what they have been working towards. AdWeek
`
`noted that a coalition of civil rights groups in the US called on major
`
`advertisers to suspend their Facebook ad spend in July in order to send out a
`
`message that the platform’s lack of action is not good enough. Therefore,
`
`perhaps Facebook made the decision to ensure Instagram doesn’t miss out by
`
`association if advertisers decide to take a stance on its policies.
`
`https://hellopartner.com/2020/06/23/instagram-ads-facebook-ad-account/
`Exhibit Number 004
`
`
`
`2/5
`
`

`

`6/2/23, 7:41 PM
`
`Exhibit Number 005
`Instagram Ads Can Now Be Created Without Linking to a Facebook Ad Account - [Talking Influence]
`
`However, Instagram told AdWeek that the change has been in the pipeline for
`
`months.
`
`Share this post
`
`Newer post
`
`Social Commerce: Instagram Expands Shopping to
`
`Creators
`
`TikTok Signs Up to EU’s Code of Practice on
`
`Disinformation
`
`Older post
`
`You might also like
`
`https://hellopartner.com/2020/06/23/instagram-ads-facebook-ad-account/
`Exhibit Number 005
`
`
`
`3/5
`
`

`

`6/2/23, 8:14 PM
`
`Exhibit Number 006
`Instagram Will Enable New Advertisers to Create Ads Without Linking to a Facebook Page | Social Media Today
`
`Instagram Will Enable New
`Advertisers to Create Ads
`Without Linking to a Facebook
`Page
`Published June 22, 2020
`
`By Andrew Hutchinson
`Content and Social Media Manager
`
`This seems like an interesting shift at Facebook.
`
`As reported by AdWeek, Instagram will now allow new advertisers
`in some regions to create Instagram ad campaigns without having
`to link to a Facebook Page.
`
`As per Instagram:
`
`“You can now create Instagram ads without having a presence on
`Facebook. If you are promoting a post from your Instagram
`business account for the first time, you won’t have to connect to a
`Facebook ad account or Facebook Page.”
`
`The key proviso here being ‘for the first time’ - most Instagram
`advertisers have already connected their profile to Facebook Ad
`Manager, as has been required, and those businesses won’t now
`have to option to disconnect their Instagram profile from their
`Facebook Page, and still have the capacity to run ads.
`
`Businesses that do choose to run their ads on Instagram only
`obviously won’t have the capacity to manage such via their
`Facebook ad account. Instead, they’ll have to run their ad
`campaign, and track ad performance, on Instagram direct.
`
`
`https://www.socialmediatoday.com/news/instagram-will-enable-new-advertisers-to-create-ads-without-linking-to-a-fa/580310/
`Exhibit Number 006
`
`1/4
`
`

`

`6/2/23, 8:14 PM
`
`Exhibit Number 007
`Instagram Will Enable New Advertisers to Create Ads Without Linking to a Facebook Page | Social Media Today
`
`To promote your Instagram Post independent of Facebook,
`businesses will need to:
`
`1. Go to your profile
`
`2. Tap the post you’d like to promote
`
`3. Below the post’s image, tap ‘Promote’
`
`4. Fill in the details of your promotion by setting things like
`‘Destination’ (where to send people), ‘Audience’ (who you want
`to reach), ‘Budget’ (how much you want to spend daily) and
`‘Duration’ (how long you want your promotion to run). Tap
`‘Next’ once you’ve completed these details
`
`5. To complete your promotion, tap ‘Create Promotion’ under
`‘Review’
`
`Instagram notes that the option will only be available to new
`Instagram advertisers in the US and Turkey at this stage.
`
`Facebook has seemingly spent years working to ensure business
`Instagram and Facebook accounts are linked, and that any
`promotions are run through a centralized platform.
`
`So why the change in direction?
`
`As AdWeek notes, some have speculated that the recent backlash
`against The Social Network over its failure to address concerns
`around hate speech is behind this new update.
`
`Last week, a coalition of civil rights groups in the US called on
`major advertisers to pause their Facebook ad spend in July, in
`order to send a message to the company that its lack of action is
`not good enough.
`
`
`https://www.socialmediatoday.com/news/instagram-will-enable-new-advertisers-to-create-ads-without-linking-to-a-fa/580310/
`Exhibit Number 007
`
`2/4
`
`

`

`6/2/23, 8:14 PM
`
`Exhibit Number 008
`Instagram Will Enable New Advertisers to Create Ads Without Linking to a Facebook Page | Social Media Today
`
`The North Face was the first major brand to join the cause - but as
`many commentators noted, The North Face didn’t initially plan to
`also suspend its Instagram advertising campaigns in line with its
`commitment (it’s since announced that it will suspend its ads on
`both platforms).
`
`That highlights a potential reason for this split - if Facebook starts
`seeing backlash over its policy decisions, maybe Instagram doesn’t
`have to lose out by association, even though both are owned by
`Facebook.
`
`Instagram told AdWeek that this was not the reason for the
`change, noting that it’s been in development for months.
`
`Still, it’s hard to imagine any other logic behind the option,
`especially, as noted, given Facebook has pushed advertisers
`towards linking their Facebook and Instagram presences for so
`long. There are significant benefits for Facebook in establishing
`such links, including improved data tracking, targeting benefits,
`integrated functionality, etc. Splitting them seems like a lot more
`
`
`https://www.socialmediatoday.com/news/instagram-will-enable-new-advertisers-to-create-ads-without-linking-to-a-fa/580310/
`Exhibit Number 008
`
`3/4
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`

`

`6/2/23, 8:14 PM
`
`Exhibit Number 009
`Instagram Will Enable New Advertisers to Create Ads Without Linking to a Facebook Page | Social Media Today
`
`back-end work - but then again, maybe Facebook is simply looking
`to ensure that it’s able to maximize ad dollars by removing
`Facebook Page connection as a requirement.
`
`Either way, it’s only available in the US and Turkey, and there’s no
`word on any further planned expansion at this stage.  
`
`
`https://www.socialmediatoday.com/news/instagram-will-enable-new-advertisers-to-create-ads-without-linking-to-a-fa/580310/
`Exhibit Number 009
`
`4/4
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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Jhon'elle Beauty Cosmetics EE, Inc.,
`
`Opposition Proceeding Number - 91272175
`
`Opposer,
`
`v.
`
`MelaBeauty LLC,
`
`Applicant.
`
`Applicant’s U.S. Serial Number - 90334676
`Applicant’s Trademark - MELABEAUTY
`
`DECLARATION OF JEFFREY STURMAN
`
`IN SUPPORT OF APPLICANT’S SECOND MOTION FOR SANCTIONS AGAINST OPPOSER
`
`I, Jeffrey Sturman, declare the following:
`
`1.
`
`I am an attorney with Sturman Law LLC, which serves as legal counsel for Applicant,
`
`2.
`
`3.
`
`MelaBeauty LLC.
`
`I am competent to make this declaration.
`
`I have personal knowledge of the facts set forth in Applicant’s Second Motion for Sanctions
`
`Against Opposer and can attest to such facts.
`
`4. On June 08, 2023, I served Applicant’s Second Motion for Sanctions Against Opposer, upon
`
`Opposer.
`
`I declare under penalty of perjury of the laws of the United States of America that the foregoing is
`
`true and correct, and that I executed this declaration on June 30, 2023.
`
`1 of 2
`
`

`

`Dated: June 30, 2023
`
`Respectfully submitted
`on behalf of Applicant,
`
`/Jeffrey Sturman/
`Jeffrey Sturman, Esq.
`Sturman Law, LLC
`8700 E Jefferson Ave # 371706
`Denver, CO 80237
`Phone: 720-772-1724
`Attorney for Applicant
`
`2 of 2
`
`

`

`6/30/23, 9:30 PM
`
`Sturman Law Mail - Applicants Second Motion for Sanctions - MELAHUE v. MELABEAUTY - Opposition Number 91272175 -Jhon…
`
`Jeffrey Sturman <jeffrey@sturmanlaw.com>
`
`Applicants Second Motion for Sanctions - MELAHUE v. MELABEAUTY - Opposition
`Number 91272175 -Jhonelle Beauty Cosmetics EE Inc v. MelaBeauty LLC
`Jeffrey Sturman <jeffrey@sturmanlaw.com>
`Thu, Jun 8, 2023 at 9:57 PM
`To: "jhonellebeautycosmeticsee@gmail.com" <jhonellebeautycosmeticsee@gmail.com>,
`"info@jhonellebeautycosmeticsee.com" <info@jhonellebeautycosmeticsee.com>
`
`Good evening. Please see attached, Applicant's Second Motion for Sanctions.
`
`Best regards,
`
`Jeffrey Sturman, Esq.
`Sturman Law LLC
`720-772-1724
`Jeffrey@Sturmanlaw.com
`
`This message, including attachments, is confidential and may contain information protected by the attorney-client
`privilege or work product doctrine. If you are not the addressee, any disclosure, copying, distribution, or use of the
`contents of this message are prohibited. If you have received this email in error, please destroy it and notify me
`immediately. Nothing in this email shall create an attorney-client relationship between you and Sturman Law, LLC.
`
`2 attachments
`Applicants Second Motion for Sanctions_MELAHUE v MELABEAUTY_Opposition Number
`91272175_Jhonelle Beauty Cosmetics EE Inc v MelaBeauty LLC.pdf
`114K
`Exhibits for Applicants Second Motion for Sanctions_MELAHUE v MELABEAUTY_Opposition Number
`91272175_Jhonelle Beauty Cosmetics EE Inc v MelaBeauty LLC.pdf
`2469K
`
`https://mail.google.com/mail/u/0/?ik=87c899bb9c&view=pt&search=all&permmsgid=msg-a:r-5397823800667035043&simpl=msg-a:r-5397823800667… 1/1
`
`