Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1174885
`11/24/2021
`
`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
`
`Apple Inc.
`11/24/2021
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`1080 MARSH ROAD
`MENLO PARK, CA 94025
`UNITED STATES
`Primary Email: jpetersen@kilpatricktownsend.com
`Secondary Email(s): jpetersen@kilpatricktownsend.com, BBRYN-
`ER@kilpatricktownsend.com, BWolin@kilpatricktownsend.com, agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`88765586
`11/24/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`07/27/2021
`11/24/2021
`
`APPLE BABY INC
`NO. 4, XIANDONG 1ST STREET
`DALIANG STREET, SHUNDE DISTRICT
`FOSHAN CITY, GUANGDONG PROVINCE, 528000
`CHINA
`Goods/Services Affected by Opposition
`
`Class 028. First Use: 2019/06/13 First Use In Commerce: 2020/09/08
`All goods and services in the class are opposed, namely: Dolls; Novelty plush toys for parties; Plush
`toys; Puppets; Stuffed toys; Teddybears; Toy figures; Toy robots; Toy vehicles; Toy for pets
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`No use of mark in commerce before application
`or amendment to allege use was filed
`
`Trademark Act Section 2(d)
`Trademark Act Sections 1(a) and (c)
`
`

`

`Dilution by blurring
`Other
`
`Trademark Act Sections 2 and 43(c)
`common law rights.
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`4088195
`
`01/17/2012
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`03/22/2008
`
`Foreign Priority
`Date
`
`09/28/2007
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, arranging and conducting personal
`training, classes, workshops, conferences and seminars in the field of com-
`puters, computer software, online services, information technology, website
`design, and consumer electronics; arranging professional workshop and training
`courses; computer education training services; trainingin the use and operation
`of computers, computer software and consumer electronics; online journals,
`namely, blogs featuring general interest topics covering a wide variety of topics
`and subject matter; providing on-line publications in thenature of magazines,
`newsletter and journals in the field of computers, computer software and con-
`sumer electronics; providing information, podcasts and webcasts in the field of
`entertainment via the Internet concerning movies, music, videos, television,
`sports, news, history, science, politics, comedy, children's entertainment, anima-
`tion, culture, and current events; digital video, audio and multimedia publishing
`services; providing entertainment information regarding movies, music, videos,
`television, sports, news, history, science, politics, comedy, children's entertain-
`ment, animation, culture, and current events; providing information, reviews and
`personalized recommendations of movies, music, videos, television, sports,
`news, history, science, politics, comedy, children's entertainment, animation, cul-
`ture, and current events in the field of entertainment; entertainment services,
`namely, production of live musical performances; entertainment services,
`namely, providing live musicalperformances online via a global computer net-
`work; rental of digital entertainment content in the nature of movies, music,
`videos, television, sports, news, history, science, politics, comedy, children's en-
`tertainment, animation, culture, and current events, by means of communica-
`tions networks, namely, provision of non-downloadable audio and audiovisual
`programs via an online video-on-demand service; providing a database of digital
`entertainment content in the nature of movies, music, videos, television, sports,
`news, history, science, politics, comedy,children's entertainment, animation, cul-
`ture, and current events via electroniccommunication networks; entertainment
`services, namely, providing prerecorded audio and audiovisual content, informa-
`tion and commentary in the fields of music,concerts, videos, movies, television,
`books, news, sports, games and cultural events all via a global computer net-
`work
`
`

`

`U.S. Registration
`No.
`Registration Date
`
`3621571
`
`05/19/2009
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`02/05/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Toys, games and playthings, namely, hand-held units for playing electronic
`games; hand-held units for playing video games; stand alone video game ma-
`chines; electronic games other than those adapted for use with television receiv-
`ers only; LCD game machines; electronic educationalgame machines for chil-
`dren; toys, namely, battery-powered computer games with display screens
`which feature animation and sound effects
`
`U.S. Registration
`No.
`Registration Date
`
`3928818
`
`03/08/2011
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`05/03/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/01 First Use In Commerce: 1976/04/01
`Computer hardware; computer hardware, namely, server, desktop, laptop and
`notebook computers; computer memory hardware;computer disc drives; optical
`disc drives; computer hardware, software and computer peripherals for commu-
`nication between multiple computers and between computers and local and
`global computer networks; computer networking hardware; set top boxes; com-
`puter hardware and computer software for the reproduction, processing and
`streaming of audio, video and multimedia content; computer hardware and soft-
`ware for controlling the operation of audio and video devices and for view-
`
`

`

`ing,searching and/or playing audio, video, television, movies, photographs and
`other digital images, and other multimedia content; computer monitors; liquid
`crystal displays; flat panel display monitors;computer keyboards, cables, mo-
`dems; computer mice; electronic docking stations;stands specially designed for
`holding computer hardware and portable and handheld digital electronic
`devices; batteries; rechargeable batteries; battery chargers; battery packs;
`power adapters for computers; electrical connectors, wires, cables, and ad-
`aptors; wired and wireless remote controls for computers and portable and
`handheld digital electronic devices; headphones and earphones; stereo head-
`phones; in-ear headphones; microphones;audio equipment for vehicles, namely,
`MP3 players; sound systems comprising remote controls, amplifiers, loudspeak-
`ers and components thereof; audio recorders; radio receivers; radio transmitters;
`personal digital assistants; portable digital audio and video players; electronic
`organizers; cameras; telephones; mobile phones; videophones; computer gam-
`ing machines, namely, stand-alone video gaming machines; handheld and mo-
`bile digital electronic devices for the sending and receiving of telephone calls,
`electronic mail and other digital media; MP3 and otherdigital format audio and
`video players;portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, receiving, manipulating, playing and reviewing text, data,
`image, audio and video files; a full line of electronic and mechanical parts and
`fitting for portable and handheld digital electronic devices for recording, organiz-
`ing, transmitting, receiving, manipulating, playing and reviewing text, data, im-
`age, audio and video files, namely, headphones, microphones, remote controls,
`batteries, battery chargers, devices for hands-free use, keyboards, adapters;
`parts and accessories for mobile telephones, namely, mobile telephone covers,
`mobile telephone cases, mobile telephone covers madeof cloth or textile materi-
`als, mobile telephone batteries, mobile telephone battery chargers, headsets for
`mobile telephones, devices for hands-free use of mobile telephones; carrying
`cases, sacks, and bags, all for use with computers and portable and handheld
`digital electronicdevices; operating system programs; computer utility programs
`for computer operating systems; a full line of computer software for business,
`home, education, and developer use; computer software for use in organizing,
`transmitting, receiving, manipulating, playing and reviewing text, data, image,
`audio, and video files; computer programs for personal information manage-
`ment; database management software; character recognition software; electron-
`ic mail and messaging software; telecommunications software for connecting
`wireless devices, mobile telephones, handheld digital electronic devices, com-
`puters, laptop computers, computer network users, global computer networks;
`database synchronization software; computer programs for accessing, browsing
`and searching online databases; computer software to develop other computer
`software; computer software for use as a programming interface; computer soft-
`ware for use in network server sharing; local and widearea networking software;
`computer software for matching, correction, and reproduction of color; computer
`software for use in digital video and audio editing; computer software for use in
`enhancing text and graphics; computer software for use in font justification and
`font quality; computer software for use to navigate and search a global computer
`information network; computer software for use inword processing and database
`management; word processing software incorporatingtext, spreadsheets, still
`and moving images, sounds and clip art; computer software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing and organizing audio, video, still images and other digital media;
`computer software for analyzing and troubleshooting other computer software;
`computer graphics software; computer search engine software; website devel-
`opment software; computer software for remote viewing, remote control, com-
`munications and software distribution within personal computer systems and
`across computer networks; computer programs for file maintenance and data re-
`covery; computer software for recording and organizing calendars and sched-
`ules, to-do lists, and contact information; computer software for clock and alarm
`clock functionality; computer softwareand prerecorded computer programs for
`personal information management; electronic mail and messaging software;
`
`

`

`computerprograms for accessing, browsing and searching online databases;
`computer software and firmware for operating system programs; blank computer
`storage media; user manuals in electronically readable, machine readable or
`computer readable form for use with, and sold as a unit with,all the aforemen-
`tioned goods; instructional manuals packaged in association with the above
`
`U.S. Registration
`No.
`Registration Date
`
`1078312
`
`11/29/1977
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`03/25/1977
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/00 First Use In Commerce: 1976/04/00
`COMPUTERS; [ AND COMPUTER PROGRAMS RECORDED ON PAPER AND
`TAPE ] (( * COMPUTER PROGRAMS, NAMELY, COMPUTER OPERATING
`SOFTWARE, COMPUTER SOFTWARE DEVELOPMENT TOOLS, GAME
`SOFTWARE, AND COMPUTER SOFTWARE FOR CREATING AND EDITING
`TEXT AND GRAPHICS * ))
`
`U.S. Registration
`No.
`Registration Date
`
`2079765
`
`07/15/1997
`
`Application Date
`
`04/07/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`APPLE
`
`NONE
`
`Class 038. First use: First Use: 1994/04/09 First Use In Commerce: 1994/04/09
`communication filed by computer, namely, electronic transmission of data and
`documents via computer, delivery of messages by electronic transmission
`
`U.S. Registration
`No.
`Registration Date
`
`6420494
`
`07/13/2021
`
`Word Mark
`
`APPLE ARCADE
`
`Application Date
`
`04/26/2019
`
`Foreign Priority
`Date
`
`10/29/2018
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2019/09/19 First Use In Commerce: 2019/09/19
`advertising, marketing, and promotion services; promoting the goods and ser-
`vices of others; online retail store services featuring downloadable sound, im-
`age, video, and game files; retail store services featuring entertainment products
`in the nature of computer games and computer software provided via the inter-
`net andother computer, electronic, and communications networks; retail store
`services featuring entertainment products in the nature of computer games; re-
`tail store services featuring entertainment productsin the nature of computer
`games provided via the internet and other computer, electronic and communica-
`tions networks; retail store services featuring computer software; retail store ser-
`vices featuring computer software provided via the internet and other computer,
`electronic, and communications networks; subscription services, namely, provid-
`ing subscriptions to text, data, image, audio, video, and multimedia content in
`the nature of computer games, provided via the internet and other electronic and
`communications networks; providing subscriptions to downloadable pre-re-
`corded text, data, image, audio, video, and multimedia content in the nature of
`computer games for a feeor pre-paid subscription, via the internet and other
`electronic and communications networks; online retail store services featuring
`downloadable pre-recorded text, data, image, audio, video, and multimedia con-
`tent for a fee or pre-paid subscription, via the internet and other electronic and
`communications networks
`Class 041. First use: First Use: 2019/09/19 First Use In Commerce: 2019/09/19
`development, production and distribution of multimedia entertainment content;
`presentation of multimedia entertainment content, namely, providing online com-
`puter games, electronic games, interactive games, and video games; providing
`non-downloadable computer games, electronic games, interactive games, and
`video games
`
`U.S. Registration
`No.
`Registration Date
`
`3298028
`
`09/25/2007
`
`Word Mark
`
`NONE
`
`Application Date
`
`08/02/2006
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Arranging and conducting trade shows, and trade show expositions and exhibi-
`tions in the fields of computers, computer software, online services, information
`technology, and consumer electronics
`Class 041. First use: First Use: 1981/03/01 First Use In Commerce: 1981/03/01
`Education and training services, namely, conducting classes, workshops, con-
`ferences and seminars in the field of computers, computer software, online ser-
`vices,information technology, internet website design, video products and con-
`sumer electronics; arranging of exhibitions, seminars and conferences; arran-
`ging professional workshop and training courses; computer education training
`services; training in the use and operation of computers and computer software;
`providing a website for the uploading, sharing, viewingand posting of photo-
`graphs, digital images, movies, videos, online journals, namely web blogs in
`general interest fields, and other related multimedia entertainment materials
`over a global computer network; providing fitness and exercise facilities; Physic-
`al fitness consultationand instruction; providing on-line publications in the nature
`of newsletters inthe field of computers and education; providing information in
`the field of education via the internet; providing information in the field of enter-
`tainment viathe Internet concerning movies, music, videos, television, celebrit-
`ies, sports,news, history, science, politics, comedy, children's entertainment, an-
`imation, culture, current events
`
`U.S. Registration
`No.
`Registration Date
`
`3679056
`
`09/08/2009
`
`Word Mark
`
`NONE
`
`Application Date
`
`01/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 009. First use: First Use: 1977/01/31 First Use In Commerce: 1977/01/31
`Computers; computer hardware; computer peripherals; handheld computers;
`handheld mobile digital electronic devices for recording, organizing, transmitting,
`manipulating, and reviewing text, data, image, audio, and audiovisual files, for
`the sending and receiving of telephone calls, electronic mail, and other digital
`data, for use as a digital format audio player, handheld computer, personal digit-
`al assistant, electronic organizer, electronic notepad, camera, and global posi-
`tioning system (GPS) electronic navigation device; digital audio and video re-
`corders and players; personal digital assistants; electronic organizers; cameras;
`telephones; mobile phones; satellite navigational systems, namely, global posi-
`tioning systems (GPS); electronic navigational devices, namely, global position-
`ing satellite (GPS) based navigation receivers; computer game machines for use
`with external display screens, monitors, or televisions; a full line of accessories
`and parts for the aforementioned goods; stands, covers, cases, holsters, power
`adaptors, and wired and wireless remote controls for the aforementioned goods;
`computer memory hardware; computer disc drives; optical disc drives; computer
`networking hardware; computer monitors; flat panel display monitors; computer
`keyboards; computer cables; modems; computer mice; electronic docking sta-
`tions; set top boxes; batteries; battery chargers; electrical connectors, wires,
`cables, and adaptors; devices for hands-free use; headphones; earphones; ear
`buds; audio speakers; microphones; and headsets; a full line of computer soft-
`ware for business, home, education, and developer use; user manuals for use
`with, and sold as a unitwith, the aforementioned goods; downloadable audio and
`video files, movies, ring tones, video games, television programs, pod casts and
`audio books via the internet and wireless devices featuring music, movies,
`videos, television, celebrities, sports, news, history, science, politics, comedy,
`children's entertainment,animation, culture, current events and topics of general
`interest
`
`U.S. Registration
`No.
`Registration Date
`
`2715578
`
`05/13/2003
`
`Application Date
`
`07/01/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`Design Mark
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1977/01/01 First Use In Commerce: 1977/01/01
`Computers hardware; computer hardware, namely, server, desktop, laptop,
`notebook and subnotebook computers; hand held and mobile computers; com-
`puter [ terminals and ] monitors; personal digital assistants; portable digital audio
`players; electronic organizers; computer keyboards, cables, [ modems; ] audio
`speakers; computer video control devices, namely, computer mice, [ trackballs,
`joysticks andgamepads; ] a full line of computer software for business, home,
`education, anddeveloper use; computer programs for personal information man-
`agement; database management software; [ character recognition software;
`telephony management software; ] electronic mail and messaging software; [
`telecommunications software, namely, for paging; ] database synchronization
`software; computer programs for accessing, browsing and searching online
`databases; operating system software; application development tool programs;
`blank computer storage media; fonts, typefaces, type designs and symbols re-
`corded onmagnetic media; computer software for use in providing multiple user
`access to a global computer information network for searching, retrieving, trans-
`ferring, manipulating and disseminating a wide range of information; computer
`software foruse as a programming interface; computer software for use in net-
`work server sharing; local and wide area networking software; computer soft-
`ware for matching, correction, and reproduction of color; computer software for
`use in digital videoand audio editing; computer software for use in enhancing
`text and graphics; computer software for use in font justification and font quality;
`computer software for use to navigate and search a global computer information
`network, as well as to organize and summarize the information retrieved; com-
`puter software for use in word processing and database management; word pro-
`cessing software incorporating text, spreadsheets, still and moving images,
`sounds and clip art; computer software for use in authoring, downloading, trans-
`mitting, receiving, editing, extracting, encoding, decoding, playing, storing and
`organizing audio, video, still images and other digital data; computer software for
`analyzing and troubleshooting other computer software; children'seducational
`software; computer game software; Computer graphics software; [ Computer
`search engine software; ] Web sitedevelopment software; computer program
`
`

`

`which provides remote viewing, remote control, communications and software
`distribution within personal computer systemsand across computer network;
`computer programs for file maintenance and data recovery; computer peripher-
`als; instructional manuals packaged in association withthe above
`
`U.S. Registration
`No.
`Registration Date
`
`2951270
`
`05/17/2005
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/16/2002
`
`Foreign Priority
`Date
`
`02/26/2002
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 028. First use: First Use: 0 First Use In Commerce: 0
`Stand alone video game machines; [pinball and arcade game machines;] hand-
`held unit for playing electronic games; [coin-operated video games; toy com-
`puters; electronic action toys;] electronic educational game machines for chil-
`dren; musical toys[; battery operated remote controlled toy vehicles; toys and
`games, namely, action figures and accessories therefore; board games; card
`games; playing cards]
`
`U.S. Registration
`No.
`Registration Date
`
`5603336
`
`11/06/2018
`
`Word Mark
`
`TV
`
`Application Date
`
`02/16/2018
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed before the ac-
`ronym "tv".
`Class 028. First use: First Use: 2015/10/30 First Use In Commerce: 2015/10/30
`video game consoles; controllers for game consoles; video output games,
`namely,video output game machines for use withtelevisions; apparatus for elec-
`tronic games adapted for use with an external display screen or monitor
`
`U.S. Registration
`No.
`Registration Date
`
`5612350
`
`11/20/2018
`
`Word Mark
`Design Mark
`
`TV
`
`Application Date
`
`06/13/2016
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a black squarewith rounded edges containing a design of
`an gray apple with a bite removed andthe word "tv" in gray.
`Class 009. First use: First Use: 2016/08/01 First Use In Commerce: 2016/08/01
`Computer software for controlling the operations of televisions, video monitors,
`set top boxes, audio, video, and mediaplayers and recorders, game players, en-
`tertainment systems, home theatre systems, home automation hubs, and con-
`sumer electronic devices and displays; computer software for voice command
`and recognition, for speech-to-text conversion, for personal information manage-
`ment, and for accessing, browsing, and searching online databases, audio,
`
`

`

`video, and multimedia content, games, software applications,software applica-
`tion marketplaces, program listings and guides, and video on demand
`
`Attachments
`
`77428980#TMSN.png( bytes )
`77388864#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`73120444#TMSN.png( bytes )
`88404177#TMSN.png( bytes )
`78943482#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`76426501#TMSN.png( bytes )
`78155196#TMSN.png( bytes )
`87801324#TMSN.png( bytes )
`87069662#TMSN.png( bytes )
`NOO - Apple Baby-SN 88765586.pdf(347804 bytes )
`EXHIBIT 1.pdf(5134518 bytes )
`EXHIBIT 2.pdf(534018 bytes )
`EXHIBIT 3.pdf(4950719 bytes )
`EXHIBIT 4.pdf(4126915 bytes )
`EXHIBIT 5.pdf(4561148 bytes )
`EXHIBIT 6.pdf(433656 bytes )
`EXHIBIT 7.pdf(5173416 bytes )
`EXHIBIT 8.pdf(286314 bytes )
`EXHIBIT 9.pdf(5854478 bytes )
`EXHIBIT 10.pdf(5122688 bytes )
`
`Signature
`Name
`Date
`
`/Joseph Petersen/
`Joseph Petersen
`11/24/2021
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 88/765,586
`
`For the Mark:
`Filed: January 20, 2020
`Published: July 27, 2021
`
`
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`APPLE BABY INC,
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`
`Applicant.
`
`
`
`
`
`
`
`APPLE INC. (“Opposer” or “Apple”), a California corporation with a principal place of
`
`business at One Apple Park Way, Cupertino, California 95014, will be damaged by the issuance
`
`of registration for the design mark shown in Application Serial No. 88/765,586 (“Applicant’s
`
`Mark”) for the goods identified in Class 28 and hereby opposes the same.
`
`
`
`As grounds for its opposition, Apple alleges as follows, with knowledge concerning its
`
`own acts, and on information and belief as to all other matters:
`
`FACTS
`
`1.
`
`Apple is the world-famous designer, manufacturer, and marketer of mobile
`
`communication and media devices and personal computers, and seller of a variety of related
`
` 1
`
`
`
`
`
`
`
`

`

`software, services, accessories, and third-party digital content and applications. Apple’s APPLE
`
`brand is one of the best-known brands in the world.
`
`2.
`
`Since at least as early as 1977, Apple has extensively promoted, marketed,
`
`advertised, distributed, and sold goods and services in connection with a family of trademarks
`
`consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo
`
`(shown below) depicting a stylized apple with a detached leaf (collectively, the “Apple Marks”).
`
`
`
`3.
`
`Apple’s family of Apple Marks are distinctive, arbitrary, and fanciful marks that
`
`have achieved an extraordinary level of fame and consumer recognition. As a result of Apple’s
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`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
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`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
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`as identifying Apple’s APPLE-branded goods and services.
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`4.
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`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
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`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
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`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
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`5.
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`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
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`been recognized as one of the world’s most famous brands. In July 2020, Forbes magazine ranked
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`the APPLE brand as the world’s most valuable brand for the tenth year in a row, with an estimated
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`valuation of $260.2 billion. Attached as Exhibit 1 are printouts of Forbes magazine articles
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`regarding its list of the most valuable brands from 2020, 2019, 2018, 2017, 2016, 2015, 2014,
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`2013, 2012, and 2011, obtained from its website.
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`6.
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`In 2021, for the tenth consecutive year, Apple won the Harris Interactive “Brand
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`of the Year” award in the tablet computer category. Apple was also named the #1 brand in the
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`smartphone category,
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`the computer manufacturer category, and
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`the wearable
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`tech
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`category. Attached as Exhibit 2 is a printout of the Harris Interactive report obtained from the
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`website
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`at
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`https://theharrispoll.com/the-harris-poll-announces-this-years-brands-of-the-year-
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`2021/.
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`7.
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`Additionally, Interbrand has consistently recognized the APPLE brand in the top
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`50 of its “Best Global Brands” annual rankings, increasing in value each year. After being named
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`the second most valuable brand in the world in 2012, the next year the APPLE brand was ranked
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`as the most valuable, and Apple has maintained that top position every year since (2013-2021).
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`Attached as Exhibit 3 are copies of relevant pages of Interbrand’s “Best Global Brands” rankings
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`from 2011 through 2021, in reverse chronological order. Interbrand has awarded the APPLE brand
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`the following rankings and brand valuations over the past 10 years:
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`(a) 2021: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $408,251 billion;
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`(b) 2020: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $322.99 billion;
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`(c) 2019: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $234.24 billion;
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`(d) 2018: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $214.48 billion;
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`(e) 2017: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $184.15 billion;
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`(f) 2016: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $178.12 billion;
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`(g) 2015: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $170.28 billion;
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`(h) 2014: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $118.86 billion;
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`(i) 2013: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $98.32 billion;
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`(j) 2012: valuing the APPLE brand as the 2nd most valuable brand in the world, with
`an estimated worth of U.S. $76.57 billion; and
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`(k) 2011: valuing the APPLE brand as the 8th most valuable brand in the world, with
`an estimated worth of U.S. $33.49 billion.
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`8.
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`In 2020, leading market research and brand valuation company Millward Brown
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`Optimor (“MBO”) named APPLE as the second most valuable brand in the United States in its
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`“Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings. In 2019, APPLE was named
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`the most valuable brand in the United States, and in 2018, the inaugural year of MBO’s U.S.
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`rankings, APPLE was named the second most valuable brand in the United States. Copies of
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`MBO’s 2020, 2019, and 2018 “Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings
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`are attached as Exhibit 4.
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`9.
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`Moreover, over the past 13 years, MBO has named APPLE as one of the world’s
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`top brands in its “Brandz™ Top 100 Most Valuable Global Brands” annual rankings. In MBO’s
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`2020 rankings, Apple’s APPLE brand was ranked the second most valuable brand in the world
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`with a value of $352.2 billion. In MBO’s 2019 rankings, Apple’s APPLE brand was ranked the
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`second most valuable brand in the world with a value of $309.5 billion. In MBO’s 2018 rankings,
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`Apple’s APPLE brand was ranked the second most valuable brand in the world with a value of
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`$300.6 billion. In MBO’s 2017 rankings, Apple’s APPLE brand was ranked the second most
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`valuable brand in the world with a value of $234.67 billion. The 2016 rankings also ranked
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`Apple’s APPLE brand the second most valuable brand in the world with a value of $228.46 billion.
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`In 2015, MBO named Apple the world’s most valuable brand, a rank it also held in 2011, 2012,
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`and 2013. Apple’s APPLE brand ranked 2nd in 2014, 3rd in 2010, 6th in 2009, and 7th in 2008,
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`clearly demonstrating recognition of the APPLE brand as one of the world’s most valuable for
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`more than a decade. Attached as Exhibit 5 are copies of relevant pages of MBO’s rankings in
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`reverse chronological order from 2020 through 2008.
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`10.
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`In addition, market research company OnePoll named Apple’s Apple Logo as the
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`most instantly recognizable brand logo in the United States in 2019. Attached as Exhibit 6 is a
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`copy of OnePoll’s ranking of top 30 most recognizable brand logos.
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`11.
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`Apple also has been widely recognized as an extremely valuable, innovative, and
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`admired company. Each year since 2006, Fortune Magazine has published its list of “Most
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`Admired Companies.” Apple has featured prominently in these rankings each year, and for 12
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`years in a row from 2009 to 2021, Apple has been named the “World’s Most Admired Company”
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`for the year. Before 2009, Fortune Magazine’s list was limited to “America’s Most Admired
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`Companies,” and Apple also topped that list in 2008. Attached as Exhibit 7 are copies of printouts
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