Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1302799
`08/09/2023
`
`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
`
`Dolls Kill, Inc.
`
`08/09/2023
`
`55 HARRISON STREET, SUITE 200
`OAKLAND, CA 94607
`UNITED STATES
`
`JOHN L. KRIEGER
`DICKINSON WRIGHT PLLC
`3883 HOWARD HUGHES PKWY., SUITE 800
`LAS VEGAS, NV 89169
`UNITED STATES
`Primary email: TRADEMARKSLV@DICKINSONWRIGHT.COM
`Secondary email(s): JKrieger@dickinsonwright.com, amor-
`etto@dickinsonwright.com
`702-550-4400
`
`Docket no.
`
`104631-30001
`
`Applicant information
`
`Application no.
`
`90331599
`
`08/09/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`04/11/2023
`
`Opposition period
`ends
`
`08/09/2023
`
`Bongolan, Bryana
`1737 N LAS PALMAS AVE APT 210
`LOS ANGELES, CA 90028
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 025. First Use: Oct 2017 First Use In Commerce: Oct 2017
`All goods and services in the class are opposed, namely: Headwear; Pants; Shirts; Sweaters; Jack-
`ets
`
`Applicant information
`
`Application no.
`
`90331613
`
`Publication date
`
`04/11/2023
`
`Opposition filing
`date
`
`Applicant
`
`08/09/2023
`
`Opposition period
`ends
`
`Bongolan, Bryana
`1737 N LAS PALMAS AVE APT 210
`LOS ANGELES, CA 90028
`
`
`ESTTA1302799
`08/09/2023
`
`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
`
`Dolls Kill, Inc.
`
`08/09/2023
`
`55 HARRISON STREET, SUITE 200
`OAKLAND, CA 94607
`UNITED STATES
`
`JOHN L. KRIEGER
`DICKINSON WRIGHT PLLC
`3883 HOWARD HUGHES PKWY., SUITE 800
`LAS VEGAS, NV 89169
`UNITED STATES
`Primary email: TRADEMARKSLV@DICKINSONWRIGHT.COM
`Secondary email(s): JKrieger@dickinsonwright.com, amor-
`etto@dickinsonwright.com
`702-550-4400
`
`Docket no.
`
`104631-30001
`
`Applicant information
`
`Application no.
`
`90331599
`
`08/09/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`04/11/2023
`
`Opposition period
`ends
`
`08/09/2023
`
`Bongolan, Bryana
`1737 N LAS PALMAS AVE APT 210
`LOS ANGELES, CA 90028
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 025. First Use: Oct 2017 First Use In Commerce: Oct 2017
`All goods and services in the class are opposed, namely: Headwear; Pants; Shirts; Sweaters; Jack-
`ets
`
`Applicant information
`
`Application no.
`
`90331613
`
`Publication date
`
`04/11/2023
`
`Opposition filing
`date
`
`Applicant
`
`08/09/2023
`
`Opposition period
`ends
`
`Bongolan, Bryana
`1737 N LAS PALMAS AVE APT 210
`LOS ANGELES, CA 90028
`
`
`
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 045. First Use: Oct 2017 First Use In Commerce: Oct 2017
`All goods and services in the class are opposed, namely: Personal fashion consulting services; Per-
`sonal shopping for others; Personal stylist services, namely, evaluating the physical attributes, life-
`style, and fashion styles of others and recommending clothing and accessories to achieve the per-
`sonal image desired by the client; Personal lifestyle consulting services; Personal wardrobe styling
`consultancy; Personal image consulting services; Personal image development consultation
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Mark cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`6224926
`
`Register
`
`Principal
`
`Registration date
`
`12/22/2020
`
`Application date
`
`06/03/2019
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`POSTER GRL
`
`NONE
`
`Class 018. First use: First Use: Jul 24, 2017 First Use In Commerce: Jul 24,
`2017
`Purses, backpacks, wallets, fanny packs
`Class 025. First use: First Use: Jul 24, 2017 First Use In Commerce: Jul 24,
`2017
`Clothing, namely, jackets, coats, pants, tops, shirts, shorts, skirts, dresses,
`jumpsuits, rompers, underwear, lingerie, sleepwear, leggings, gloves, swimwear
`and swimsuits; footwear, namely, shoes, boots
`
`Attachments
`
`2023-08-09 Notice of Opposition Ser. Nos. 90331599 and 90331613.pdf(117095
`bytes )
`
`Signature
`
`/John L. Krieger/
`
`Name
`
`Date
`
`JOHN L. KRIEGER
`
`08/09/2023
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Dolls Kill, Inc., a Delaware Corporation,
`
`
`
`
`
`Bryana Bongolan, an individual.
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`Mark: POSTERCHILD
`Ser. Nos: 90/331,599 & 90/331,613
`Published: April 11, 2023
`Classes: 25 & 45
`
`
`
`
`
`
`
`Opposer,
`
`Applicant.
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Pursuant to 15 U.S.C. § 1063 and 37 C.F.R. §§ 2.101 and 2.104(a), Dolls Kill, Inc., a
`
`Delaware Corporation, with its principal place of business at 55 Harrison Street, Suite 200,
`
`Oakland, California 94607 (“Opposer”), believes it will be damaged by the registration of the mark
`
`POSTERCHILD set forth in Application Ser. No. 90/331,599 in International Class 25 for
`
`“Headwear; Pants; Shirts; Sweaters; Jackets.”; and Application Ser. No. 90/331,613 in
`
`International Class 45 for “Personal fashion consulting services; Personal shopping for others;
`
`Personal stylist services, namely, evaluating the physical attributes, lifestyle, and fashion styles of
`
`others and recommending clothing and accessories to achieve the personal image desired by the
`
`client; Personal lifestyle consulting services; Personal wardrobe styling consultancy; Personal
`
`image consulting services; Personal image development consultation.” (the “Opposed Marks”),
`
`and hereby opposes the same.
`
`As grounds for its opposition, Opposer alleges as follows:
`
`FACTS COMMON TO ALL CLAIMS
`
`1.
`
`Opposer is a global fashion retailer that sells a variety of clothing, shoes, and
`
`accessories under several successful brands.
`
`2.
`
`Opposer has nearly 4 million followers on Instagram, and has become a cult status
`
`favorite of celebrities, DJ’s, and artists across the globe.
`
`3.
`
`Opposer was named the “Fastest Growing Retailer” in 2014 by Inc. magazine,
`
`
`
`Application Nos. 90/331,599 & 90/331,613
`
`
`which also included Opposer as one of the “top companies in San Francisco.”
`
`4.
`
`5.
`
`Opposer’s POSTER GRL® line is a women’s streetwear clothing brand.
`
`Opposer commenced use of the mark POSTER GRL® on or around July 24, 2017,
`
`for clothing, footwear, purses, backpacks, wallets, and fanny packs (the “POSTER GRL® Mark”.
`
`6.
`
`Opposer’s exclusive rights in the POSTER GRL® Mark are evidenced by its
`
`federal Reg. No: 6,224,926 for the POSTER GRL® Mark covering a wide array of goods in
`
`International Classes 18 and 25.
`
`7.
`
`Opposer has spent substantial resources marketing, advertising, and promoting its
`
`POSTER GRL® fashion brand in the United States and has developed significant goodwill and
`
`fame in the POSTER GRL® Mark.
`
`8.
`
`As a result of Opposer’s extensive and exclusive use of the POSTER GRL® Mark,
`
`the POSTER GRL® Mark has become widely recognized by the consuming public as identifying
`
`the high quality goods that Opposer provides.
`
`9.
`
`Upon information and belief, Bryana Bongolan (“Applicant”), is a resident of
`
`California and resides at 1737 N Las Palmas Ave, Apt 210, Los Angeles, California 90028.
`
`10.
`
`On November 19, 2020, Applicant, without Opposer’s consent or authorization,
`
`filed Application Ser. No. 90/331,599 under Section 1(a) of the Trademark Act. Applicant,
`
`claiming a date of first use in October 2017.
`
`11.
`
`On November 20, 2020, Applicant, without Opposer’s consent or authorization,
`
`filed Application Ser. No. 90/331,613 under Section 1(a) of the Trademark Act. Applicant,
`
`claiming a date of first use in October 2017.
`
`12.
`
`The USPTO published the Opposed Marks for opposition in the Official Gazette
`
`on April 11, 2023.
`
`13.
`
`On May 3, 2023, Opposer filed a 90-day request for extension of time to oppose
`
`Application Ser. No. 90/331,599.
`
`14.
`
`On May 11, 2023, Opposer filed a 30-day request for extension of time to oppose
`
`Application Ser. No. 90/331,613.
`
`
`
`Application Nos. 90/331,599 & 90/331,613
`
`
`15.
`
`On June 9, 2023, Opposer filed an additional 60-day request for extension of time
`
`to oppose Application Ser. No. 90/331,613.
`
`16.
`
`Opposer has priority of use over Applicant in the POSTER GRL® Mark.
`
`17.
`
`Opposer has a good faith belief that it will be damaged by the registration of the
`
`Opposed Mark, and therefore, has established its entitlement to a statutory cause of action to bring
`
`this Opposition.
`
`COUNT I
`
`LIKELIHOOD OF CONFUSION
`
`18.
`
`Opposer hereby re-adopts and re-alleges the allegations contained in the preceding
`
`paragraphs as though fully set forth herein.
`
`19.
`
`Based on its existing registrations and prior use since at least as early as July 24,
`
`2017, Opposer has priority of use over Applicant in the POSTER GRL® Mark.
`
`20.
`
`The Opposed Marks are confusingly similar to Opposer’s POSTER GRL® Mark
`
`in sight, sound, meaning, and convey the same overall commercial impression, particularly when
`
`applied to Applicant’s goods and services.
`
`21.
`
`The goods and services set forth in Applicant’s applications are closely related, if
`
`not identical, to the goods and services Opposer provides under the POSTER GRL® Mark and
`
`covered by Opposer’s federal registration.
`
`22.
`
`The Opposed Marks so resemble the POSTER GRL® Mark in appearance, sound,
`
`connotation, and commercial impression, as to be likely, when applied to Applicant’s goods and
`
`services, to cause confusion, mistake, or to deceive under Section 2(d) of the Lanham Act, as
`
`amended, 15 U.S.C. § 1052(d).
`
`23.
`
`Opposer is informed and believes, and thereupon alleges, Applicant is deliberately
`
`seeking to profit from the goodwill and popularity of Opposer’s POSTER GRL® Mark.
`
`24.
`
`The Opposed Marks are confusingly similar to Opposer’s POSTER GRL® Mark
`
`and are likely to cause confusion, or to cause mistake, or to deceive consumers.
`
`25.
`
`Registration of the Opposed Marks would be inconsistent with and damaging to
`
`
`
`Application Nos. 90/331,599 & 90/331,613
`
`
`Opposer’s rights in and to its POSTER GRL® Mark.
`
`RELIEF REQUESTED
`
`WHEREFORE, Opposer prays that the Opposed Marks (Ser. Nos. 90/331,599 and
`
`90/331,613) be rejected in their entirety, and that registration of the marks sought therein for the
`
`specified goods and services be denied and refused.
`
`Dated: August 9, 2023.
`
`Respectfully submitted,
`
`DICKINSON WRIGHT PLLC
`
`
`
`
`/John L. Krieger/
`John L. Krieger, Esq.
`jkrieger@dickinsonwright.com
`trademarkslv@dickinsonwright.com
`3883 Howard Hughes Parkway, Suite 800
`Las Vegas, Nevada 89169
`(702) 550-4400 (phone)
`(844) 670-6009 (fax)
`Attorneys for Opposer
`
`
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