ESTTA Tracking number:
`
`ESTTA1308877
`
`Filing date:
`
`09/08/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91274911
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Plaintiff
`Hoodrich Ltd
`
`LEO M. LOUGHLIN
`ROTHWELL FIGG ERNST & MANBECK
`901 NEW YORK AVENUE, N.W.
`SUITE 900 EAST
`WASHINGTON, DC 20001
`UNITED STATES
`Primary email: PTO-TM-Email@rothwellfigg.com
`Secondary email(s): lloughlin@rfem.com
`202-783-6040
`
`Testimony For Plaintiff
`
`Leo M. Loughlin
`
`PTO-TM-Email@rfem.com, lloughlin@rfem.com
`
`/Leo M. Loughlin/
`
`09/08/2023
`
`Attachments
`
`4797-103 - Declaration of Kevin M. Connolly.pdf(2586370 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARKTRIAL AND APPEAL BOARD
`
`Hoodrich Ltd,
`
`Opposer,
`
`Vv.
`
`Marcel G. Chehade,
`
`Applicant.
`
`NeeNeeeeeeeeeeeee
`
`Opposition No. 91274911
`
`NOTICE OF FILING TESTIMONY DECLARATION
`OF KEVIN M. CONNOLLY PURSUANTTO 37 C.F.R. § 2.123
`
`Opposer, Hoodrich Ltd, hereby files the Testimony Declaration of Kevin M.
`
`Connolly and accompanying Exhibit pursuant to 37 C.F.R. § 2.123.
`
`Dated: September 8, 2023
`
`Respectfully submitted,
`
`Hoodrich Ltd
`
`By: /Leo M. Loughlin/
`Martin M. Zoltick
`Leo M. Loughlin
`Attorneys for Opposer
`Rothwell, Figg, Ernst & ManbeckP.C.
`901 New York Avenue, N.W.
`Suite 900 East
`Washington, DC 20001
`Ph: 202-783-6040
`Email: PTO-TM-Email@rothwellfigg.com
`
`

`

`CERTIFICATE OF SERVICE
`
`This is to certify that a copy of the foregoing NOTICE OF FILING TESTIMONY
`DECLARATION OF KEVIN M. CONNOLLY PURSUANTTO 37 C.F.R. § 2.123 was
`served on counsel for Applicant at the email address indicated below:
`
`Todd Wengrovsky
`Law Offices of Todd Wengrovsky, PLLC.
`contact@twlegal.com
`
`This 8th day of September, 2023.
`
`/Lisa M Locke/
`Lisa M. Locke
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARKTRIAL AND APPEAL BOARD
`
`Hoodrich Ltd.,
`
`Opposer,
`
`v.
`
`Marcel G. Chehade,
`
`Applicant.
`
`Opposition No. 91274911
`
`DECLARATION OF KEVIN M. CONNOLLY
`
`I, Kevin M. Connolly, declare and state as follows:
`
`I.
`
`I am the Managing Memberof Capital Investigations Group, LLC. Capital
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`Investigations Group, LLC is a professional investigation firm located in Albany, New
`
`Y ork.
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`2.
`
`I submit this declaration in support of Opposer Hoodrich Ltd.
`
`I have personal
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`knowledge of the facts stated in this Declaration. My curriculum vitae is attached as
`
`Exhibit A.
`
`3.
`
`I have beena private investigator since 2012. Prior to becoming a private
`
`investigator, I had a long and distinguished career in law enforcement with the Albany
`
`Police Department where I rose to the rank of Detective Lieutenant. In addition to my
`
`decades of investigative experience, I have received awards and recognition for my work
`
`with the U.S. Marshals Service and well as the U.S. Department ofJustice.
`
`

`

`Opposition No. 91274911
`Testimony Declaration of Kevin M. Connolly
`Page 2
`
`4,
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`In 2022, I was retained by Opposer Hoodrich Ltd to investigate whether Marcel
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`G. Chehade wasoffering clothing or other products under the brand HOOD RICHathis
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`retail location in Albany, New York.
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`5,
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`I understand that Mr. Chehade has claimed that he offers products underthe brand
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`HOODRICH at NY Gear,a store located at 167 Central Avenue in Albany.
`
`I am very
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`familiar with this location based on my years with the Albany Police Departmentas well
`
`as my current work as a private investigator.
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`6.
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`OnJuly 14, 2022, I traveled to NY Gear located at 167 Central Avenue in Albany
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`for the purpose of investigating whether products were being sold there under the brand
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`HOOD RICH.
`
`Bs
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`During myvisit to NY Gear, I walked around the entire area of the store open to
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`the public and observed all products available for sale at NY Gear.
`
`I did not observe any
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`products branded as HOOD RICHorsee anyother references to HOOD RICH in the
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`store during myvisit.
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`I declare under penalty of perjury that the foregoingis true and correct.
`
`Executed on September 7 2023
`
`Kevut
`
`M. Connolly
`
`

`

`Kevin M Connolly
`Capital Investigations Group, LLC
`40 Colvin Avenue Suite 203
`Albany NY 12206
`kmc@capinvgroup.com
`
`Professional Experience
`
`Private Investigator, Capital Investigations Group, LLC, Albany NY. Ownerof firm with a specialized
`focus in criminal defense and personal injury investigations. (2022-Present)
`
`Private Investigator, Albany Investigation & Process Services, LLC, Albany NY. Partnerin firm with a
`specialized focus in criminal defense, personal injury investigations, and process services. (2018-2022)
`
`Private Investigator, Armstrong Investigations and Consulting Services, LLC, Guilderland NY. Ownerof
`firm with specialized focus in criminal defense andplaintiff personalinjury investigations. (2013-2018)
`
`Private Investigator, Tom Martin Investigations Inc., Voorheesville, NY. Responsible for investigating
`workers compensation and personal injury claims. Duties include surveillance as well as witness
`interviews. (2012-2013)
`
`Detective Lieutenant, Children and Family Services Unit, Albany Police Department, Albany NY.
`Capstoneto a twenty-year law enforcementcareer, served as the commanding officer of a 17 person
`investigative unit responsible for investigating incidents committed by, and against, children; domestic
`violence; and the managementof the sex offender population within the City of Albany. Developed
`partnerships with key community stakeholders. (2006-2012)
`
`Vice President, Albany Police Supervisors’ Association, Albany Police Department, Albany NY. Served
`on the executive board for the labor association representing sergeants and lieutenants within the
`department. Worked closely with labor legal counsel to best represent the interests of the membership
`which included disciplinary matters and contract negotiations. (2004-2008)
`
`Detective Sergeant, Children and Family Services Unit, Albany Police Department, Albany NY.
`Servedasa first line supervisor in a fast paced investigative unit. Responsible for developing
`relationships with medical professionals and attorneys to insure success in complex child abuse
`investigations and prosecutions. (2003-2006)
`
`Detective Sergeant, Office of Professional Standards, Albany Police Department, Albany NY.
`Served asa first line supervisor in a work group tasked with investigating internal matters. Worked
`closely with both attorneys and labor unions during case settlement as well as labor arbitration. (2002-
`2003)
`
`Patrol Sergeant, Center Station, Albany Police Department, Albany NY.
`Servedasa first line supervisor for a squadofpolice officers tasked with answeringcalls for service.
`Duties included assisting with complex calls for service, report review, performancereview,as well as
`other administrative matters. (2002)
`
`Detective, Criminal Investigations Unit, Albany Police Department, Albany NY.
`Responsible for investigating incidents against property and personsincluding homicide, suicide, robbery,
`arson, assault, larceny, sexual assault, and burglary. Managed a yearly caseload of approximately 250
`cases. (1999-2002)
`
`Hoodrich v. Marcel Chehade
`Opposition No. 91274911
`Exhibit A to Kevin M. Connolly Declaration
`Page 1 of 2
`
`

`

`Detective, Children and Family Services Unit, Albany Police Department, Albany NY.
`Responsible for investigating incidents committed by, and against, children. Managed a caseload of
`approximately 250 cases annually which included child sexual abuse, child physical abuse, child
`neglect/maltreatment, missing persons, and juvenile delinquency. (1995-1999)
`
`Police Officer, South Station, Albany Police Department, Albany NY.
`Responsible for answering calls for service as well as conducting preliminary investigations. (1992-1995)
`
`Special Expertise
`
`Major Crime Investigation-15 years
`Child Abuse Investigation-13 years
`Sex Offender Management-8 years
`Federal Drug/Homicide Conspiracy Investigation- 2 years
`
`Education
`
`MBA, SUNYAlbany, Albany NY
`B.S., Criminal Justice Administration, SUNY Empire State College, Saratoga Springs, NY
`A.O.S., Culinary Arts, Culinary Institute of America, Hyde Park, NY
`
`Training
`
`Colonel Henry F Williams Homicide Seminar, New York State Police
`Sex Offense Seminar, New York State Police
`Child Abuse Seminar, New York State Police
`Crisis Negotiation Training, Federal Bureau of Investigation
`Robbery and Burglary Investigations, New York State DCJS
`
`Professional Associations
`
`Association of Licensed Detective of NY State
`INTELLENET.International Intelligence Network
`National Association of Legal Investigators
`Investigative and Security Professionals for Legislative Action
`New York State Defenders Association
`National Defender Investigator Association
`
`Notable Accomplishments
`
`Exemplary Service Award, Albany Police Supervisors’ Association, November 2008
`Exceptional Duty Award, Albany Police Department, June 2006
`Exceptional Duty Award, New York Organized Crime Drug Enforcement Task Force, May 2003
`Police Officer of the Year, Kiwanis Club of Albany, May 2002
`Certificate of Appreciation, United States Marshals Service, July 2001
`
`Hoodrich v. Marcel Chehade
`Opposition No. 91274911
`Exhibit A to Kevin M. Connolly Declaration
`Page 2 of 2
`
`