ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1315154
`10/10/2023
`
`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
`
`Docket no.
`
`Apple Inc.
`10/08/2023
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`1302 EL CAMINO REAL, SUITE 175
`MENLO PARK, CA 94025
`UNITED STATES
`Primary email: jpetersen@kilpatricktownsend.com
`Secondary email(s): jpetersen@kilpatricktownsend.com, bbryn-
`er@kilpatricktownsend.com, PChenji@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
`1316209
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97303107
`10/10/2023
`
`Publication date
`Opposition period
`ends
`
`04/11/2023
`10/08/2023
`
`Reaux Brian
`710 ROCK HILL DR.
`RED OAK, TX 75154
`UNITED STATES
`Goods/services affected by opposition
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Clothing, namely, sweatshirts with hoods,
`T-shirts, dress shirts, vests, jackets, athletic uniform shirts, swim wear, sports bras, sweat suits, leg-
`gings, socks, sweaters, baseball hats and baseball caps, cowboy hats, bucket hats, beanies, ear-
`muffs, knit face masks being headwear, gloves as clothing, belts for clothing; footwear; sandals;
`headbands; wristbands as clothing; ties as clothing
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Other
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`common law rights.
`
`

`

`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`1078312
`
`Principal
`11/29/1977
`
`Application date
`
`03/25/1977
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE
`
`NONE
`
`Class 009. First use: First Use: Apr 1976 First Use In Commerce: Apr 1976
`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.
`Register
`Registration date
`
`3070035
`
`Principal
`03/21/2006
`
`Application date
`
`08/22/2002
`
`Foreign priority
`date
`
`02/26/2002
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`NONE
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 025. First use: First Use: None First Use In Commerce: None
`[Footwear;] headwear; shirts, t-shirts, sweatshirts,[ jogging suits, trousers, pants,
`shorts, tank tops, rainwear, cloth bibs, skirts,] blouses; [dresses, suspenders,]
`sweaters, jackets, coats, raincoats, [snow suits, ties, robes,] hats, and caps[,
`sun-visors, belts, scarves, sleepwear, pajamas, lingerie, underwear, boots,
`shoes, sneakers, sandals, booties, slipper socks, swimwear and masquerade
`and Halloween costumes]
`
`U.S. registration
`no.
`Register
`Registration date
`
`1400442
`
`Principal
`07/08/1986
`
`Application date
`
`11/04/1985
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`NONE
`
`NONE
`
`Class 025. First use: First Use: Feb 1979 First Use In Commerce: Feb 1979
`CLOTHING, NAMELY MENS AND LADIES SWEATSHIRTS, T-SHIRTS,
`SHIRTS, [ SHORTS,] JACKETS, [ TIES, BELTS, HEADBANDS, ] SWEATERS,
`HATS AND VISORS
`
`U.S. registration
`no.
`
`6653899
`
`Application date
`
`12/13/2017
`
`

`

`Register
`Registration date
`
`Principal
`02/22/2022
`
`Foreign priority
`date
`
`06/15/2017
`
`Word mark
`Design mark
`Description of
`mark
`
`Goods/services
`
`NONE
`
`The mark consists of the design of an apple with a bite removed, with a de-
`tached leaf in green, and the apple divided into horizontal colored segments of
`the following colors (from top to bottom): green, yellow, orange, red, violet and
`blue.
`Class 025. First use: First Use: Feb 1979 First Use In Commerce: Feb 1979
`Clothing, namely, T-shirts
`
`U.S. registration
`no.
`Register
`Registration date
`
`6672358
`
`Principal
`03/15/2022
`
`Application date
`
`02/23/2018
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PARK
`
`The mark consists of a design comprised of concentric circles above a
`design of an apple with a bite removed and the word "Park".
`Class 018. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`tote bags; all purpose carrying bags
`Class 025. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`clothing, namely, men's and women's t-shirts and shirts
`
`U.S. registration
`no.
`Register
`Registration date
`
`6672359
`
`Principal
`03/15/2022
`
`Application date
`
`02/23/2018
`
`Foreign priority
`date
`
`08/23/2017
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`PARK
`
`The mark consists of a design comprised of concentric circles above a
`design of an apple with a bite removed and the word "PARK".
`Class 035. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`retail store services featuring clothing and souvenir merchandise
`
`U.S. registration
`no.
`Register
`Registration date
`
`7093751
`
`Principal
`06/27/2023
`
`Application date
`
`08/28/2018
`
`Foreign priority
`date
`
`02/28/2018
`
`Word mark
`Design mark
`Description of
`
`PARK
`
`The mark consists of an apple with a bite removed and the word "Park".
`
`

`

`mark
`Goods/services
`
`Class 035. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Retail store services featuring souvenir merchandise
`Class 041. First use: First Use: Nov 17, 2017 First Use In Commerce: Nov 17,
`2017
`Conducting guided tours of corporate headquarters by means of augmented
`reality
`
`U.S. registration
`no.
`Register
`Registration date
`
`5628056
`
`Principal
`12/11/2018
`
`Application date
`
`09/10/2014
`
`Foreign priority
`date
`
`07/24/2014
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`WATCH
`
`The mark consists of the design of an apple with a bite removed and the word
`"WATCH".
`Class 009. First use: First Use: Sep 9, 2014 First Use In Commerce: Apr 10,
`2015
`Computers; computers, namely, smartwatches; computer peripheral devices;
`computer hardware; computer hardware for use in measuring heart rhythm;
`computer hardware for use in taking electrocardiograms; personal digital assist-
`ants; electronic personal organizers; electronic notepads; sound recording and
`sound reproducing apparatus; MP3 and other digital format audio players; digital
`audio recorders; radios, radio transmitters, and receivers; audio speakers sold
`as component features of computers; microphones sold as component features
`of computers; network communication apparatus, namely, mobile and wearable
`digital electronic devices for the sending and receiving of text, data, audio, im-
`age, and video files across networks; electronic communication equipment and
`instruments, namely, mobile and wearable digital electronic devices for sending
`and receiving of text, data, audio, image, and video files; telecommunications
`apparatus and instruments, namely, speakers and microphones sold as com-
`ponent features of computers, mobile and wearable digital electronic devices for
`the sending and receiving of telephone calls, text messages, electronic mail, and
`other digital data, and for use in providing access to the internet; global position-
`ing system (GPS) devices; telephones; wireless communication devices for
`voice, data or image transmission; cables, namely, charging cables; apparatus
`for data storage, namely, mobile and wearable digital electronic devices for the
`storage of text, data, audio, image, and video files; batteries sold as component
`features of computers; computer software for recording, organizing, transmitting,
`manipulating, and reviewing text, data, audio, image and video files; computer
`software for accessing, browsing and searching online databases; computer
`software and firmware, namely, operating system programs, database synchron-
`ization software, and data synchronization programs; computer software for the
`redirection of messages, Internet e-mail, and/or other data to one or more elec-
`tronic wearable wireless communication devices from a data store on or associ-
`ated with a personal computer or a server; software for the synchronization of
`data between a remote station or device and a fixed or remote station or device;
`computer application software for use in connection with configuring and con-
`trolling wearable computer hardware and wearable computer peripherals; com-
`puter software for monitoring, processing, displaying, storing and transmitting
`data relating to a user's physical activity; computer software for managing in-
`formation regarding tracking, compliance and motivation with a health and fit-
`ness program; computer game software and electronic games software; electric-
`al and electronic connectors, electric wires, battery chargers, docks, electronic
`
`

`

`docking stations, interfaces for computers, and adapters for use with all of the
`aforesaid goods; computer peripheral equipment for use with smartwatches,
`namely, smartwatch bands and smartwatch straps; electronic apparatus with
`multimedia functions for use with all of the aforesaid goods, namely, mobile and
`wearable digital electronic devices for recording, organizing, transmitting, manip-
`ulating, and reviewing text, data, audio, image and video files; electronic appar-
`atus with interactive functions for use with all of the aforesaid goods, namely,
`pedometers, altimeters, multifunctional electronic devices for displaying, meas-
`uring, and transmitting information including, time, date, heart rate, global posi-
`tioning, direction, distance, altitude, speed, steps taken, calories burned, naviga-
`tional information, weather information, temperature, changes in heart rate, and
`activity level; sensors for scientific use to be worn by a human to gather human
`biometric data, mobile and wearable digital electronic devices for recording, or-
`ganizing, transmitting, manipulating, and reviewing text, data, audio, image and
`video files
`
`U.S. registration
`no.
`Register
`Registration date
`
`2715578
`
`Principal
`05/13/2003
`
`Application date
`
`07/01/2002
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`NONE
`
`NONE
`
`Class 009. First use: First Use: Jan 1, 1977 First Use In Commerce: Jan 1, 1977
`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 and gamepads; ] a full line of computer software for business, home,
`education, and developer use; computer programs for personal information
`management; 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 on magnetic 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 for use 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 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, 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's educational
`software; computer game software; Computer graphics software; [ Computer
`search engine software; ] Web site development software; computer program
`
`

`

`which provides remote viewing, remote control, communications and software
`distribution within personal computer systems and across computer network;
`computer programs for file maintenance and data recovery; computer peripher-
`als; instructional manuals packaged in association with the above
`
`U.S. registration
`no.
`Register
`Registration date
`
`3928818
`
`Principal
`03/08/2011
`
`Application date
`
`05/03/2007
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`APPLE
`
`NONE
`
`Class 009. First use: First Use: Apr 1, 1976 First Use In Commerce: Apr 1, 1976
`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 viewing,
`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, modems;
`computer mice; electronic docking stations; stands specially designed for hold-
`ing computer hardware and portable and handheld digital electronic devices;
`batteries; rechargeable batteries; battery chargers; battery packs; power ad-
`apters for computers; electrical connectors, wires, cables, and adaptors; wired
`and wireless remote controls for computers and portable and handheld digital
`electronic devices; headphones and earphones; stereo headphones; in-ear
`headphones; microphones; audio equipment for vehicles, namely, MP3 players;
`sound systems comprising remote controls, amplifiers, loudspeakers and com-
`ponents thereof; audio recorders; radio receivers; radio transmitters; personal di-
`gital assistants; portable digital audio and video players; electronic organizers;
`cameras; telephones; mobile phones; videophones; computer gaming ma-
`chines, namely, stand-alone video gaming machines; handheld and mobile digit-
`al electronic devices for the sending and receiving of telephone calls, electronic
`mail and other digital media; MP3 and other digital format audio and video play-
`ers; portable and handheld digital electronic devices for recording, organizing,
`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, organizing, trans-
`mitting, receiving, manipulating, playing and reviewing text, data, image, audio
`and video files, namely, headphones, microphones, remote controls, batteries,
`battery chargers, devices for hands-free use, keyboards, adapters; parts and ac-
`cessories for mobile telephones, namely, mobile telephone covers, mobile tele-
`phone cases, mobile telephone covers made of cloth or textile materials, 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
`electronic devices; 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 wide area 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 in word processing and data-
`base management; word processing software incorporating text, spreadsheets,
`still and moving images, sounds and clip art; computer software for use in au-
`thoring, downloading, transmitting, receiving, editing, extracting, encoding, de-
`coding, 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; web-
`site development software; computer software for remote viewing, remote con-
`trol, communications and software distribution within personal computer systems
`and across computer networks; computer programs for file maintenance and
`data recovery; computer software for recording and organizing calendars and
`schedules, to-do lists, and contact information; computer software for clock and
`alarm clock functionality; computer software and prerecorded computer pro-
`grams for personal information management; electronic mail and messaging
`software; computer programs 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
`aforementioned goods; instructional manuals packaged in association with the
`above
`
`U.S. registration
`no.
`Register
`Registration date
`
`1114431
`
`Principal
`03/06/1979
`
`Application date
`
`03/20/1978
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`Goods/services
`
`NONE
`
`THE MARK CONSISTS OF A SILHOUETTE OF AN APPLE WITH A BITE RE-
`MOVED.
`Class 009. First use: First Use: Jan 1977 First Use In Commerce: Jan 1977
`COMPUTERS [ AND COMPUTER PROGRAMS RECORDED ON PAPER AND
`TAPE]
`
`U.S. registration
`no.
`Register
`Registration date
`
`3679056
`
`Principal
`09/08/2009
`
`Application date
`
`01/13/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`Design mark
`Description of
`mark
`
`NONE
`
`The mark consists of the design of an apple with a bite removed.
`
`

`

`Goods/services
`
`Class 009. First use: First Use: Jan 31, 1977 First Use In Commerce: Jan 31,
`1977
`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 unit with, 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
`
`Attachments
`
`Notice of Opposition - NYCANNABIS.pdf(340227 bytes )
`Exhibits 1-8_Part1.pdf(3716600 bytes )
`Exhibits 1-8_Part2.pdf(5091236 bytes )
`Exhibits 1-8_Part3.pdf(5102279 bytes )
`Exhibits 1-8_Part4.pdf(4959660 bytes )
`Exhibits 1-8_Part5.pdf(4668404 bytes )
`EXHIBIT 9.pdf(1958667 bytes )
`
`Signature
`Name
`Date
`
`/Joseph Petersen/
`Joseph Petersen
`10/10/2023
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Application Serial No. 97/303,107
`For the mark: NYCANNABIS & Design
`
`
`
`
`
`Filed: March 9, 2022
`Published: April 11, 2023
`
`
`
`
`
`
`
`APPLE INC.,
`
`
`
` v.
`
`REAUX BRIAN,
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant.
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer Apple Inc. (“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 trademark shown in Application Serial No. 97/303,107 (the “Applied-For
`
`Mark”), for the goods identified in Class 25 and being entitled to a statutory cause of action, hereby
`
`opposes the same.
`
`NATURE OF THE PROCEEDING
`
`In this proceeding, Apple opposes Applicant Reaux Brian’s (“Applicant”) effort to register
`
`a mark confusingly similar to Apple’s famous Apple Logo mark, which is the graphic equivalent
`
`
`
`
`1
`
`

`

`
`
`Apple’s famous APPLE mark, in connection with a variety of clothing items, hats, footwear, and
`
`related goods also associated with Apple’s famous Apple Logo and APPLE marks. Apple
`
`recognizes that apple designs have long been featured on clothing. Apple’s concern with the apple
`
`design featured in Applicant’s Applied-For Mark, however, is that it bears the same overall shape
`
`and missing bite location featured in Apple’s famous Apple Logo, as demonstrated by the
`
`following image overlay of the Apple Logo mark and the Applied-For Mark:
`
`
`
`
`
`
`
`Apple and Applicant are engaged in settlement negotiations concerning the subject
`
`Application but have been unable to reach agreement before the final opposition deadline.
`
`Accordingly, Apple brings this proceeding to preserve its rights while providing the parties
`
`additional time to continue discussions toward a negotiated resolution.
`
`
`
`Apple alleges the following grounds for this opposition, with knowledge concerning its
`
`own acts, and on information and belief as to all other matters:
`
`A.
`
`Apple and Its World-Famous Apple Marks
`
`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
`
`
`
`
`2
`
`

`

`
`
`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
`
`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
`
`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
`
`as identifying Apple’s APPLE-branded goods and services.
`
`4.
`
`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
`
`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
`
`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
`
`5.
`
`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
`
`been recognized as one of the world’s most famous brands. In July 2020, Forbes magazine ranked
`
`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 $241 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 (2013-2022).
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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 2022, in reverse chronological order. Interbrand has awarded the APPLE brand
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`the following rankings and brand valuations over the past 12 years:
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`(a) 2022: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $482,215 billion;
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`(b) 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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`(c) 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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`(d) 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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`(e) 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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`(f) 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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`(g) 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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`(h) 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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`(i) 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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`(j) 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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`(k) 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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`(l) 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, MBO named APPLE
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`as the most valuable brand in the United States in its “Brandz™ Top 100 Most Valuable U.S.
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`Brands” annual rankings. In 2018, the inaugural year of MBO’s U.S. rankings, APPLE was named
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`the second most valuable brand in the United States. Copies of MBO’s 2020, 2019 and 2018
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`“Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings are attached as Exhibit 4.
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`9.
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`Moreover, over the past 15 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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`2023 and 2022 rankings, Apple’s APPLE brand was ranked as the most valuable brand in the
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`world with a value of $880.4 and $947 billion respectively. In MBO’s 2021, 2020, and 2019
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`rankings, Apple’s APPLE brand was ranked the second most valuable brand in the world with a
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`value of $611, $352.2, and $309.5 billion respectively. In MBO’s 2018 rankings, Apple’s APPLE
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`brand was ranked the second most valuable brand in the world with a value of $300.6 billion. In
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`MBO’s 2017 rankings, Apple’s APPLE brand was ranked the second most valuable brand in the
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`world with a value of $234.67 billion. The 2016 rankings also ranked Apple’s APPLE brand the
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`5
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`second most valuable brand in the world with a value of $228.46 billion. In 2015, MBO named
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`Apple the world’s most valuable brand, a rank it also held in 2011, 2012, and 2013. Apple’s
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`APPLE brand ranked 2nd in 2014, 3rd in 2010, 6th in 2009, and 7th in 2008, clearly demonstrating
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`recognition of the APPLE brand as one of the world’s most valuable for more than a decade.
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`Attached as Exhibit 5 are copies of relevant pages of MBO’s rankings in reverse chronological
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`order from 2023 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 14
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`years in a row from 2009 to 2023, 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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`of relevant pages of Fortune Magazine’s “Most Admired Companies” rankings in reverse
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`chronological order from 2023 through 2008.
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`12.
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`In addition, in 2023, leading brand valuation consultancy Brand Finance named
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`APPLE as the world’s second most valuable brand in the Brand Finance Global 500 ranking,
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`valuing the brand at $297.5 billion. In 2022, Brand Finance named APPLE as the world’s most
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`valuable brand in the Brand Finance Global 500 ranking, valuing the brand at $355.1 billion.
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`Attached as Exhibit 8 is a copy of the “The World’s Top 25 Most Valuable Brands” pages from
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`the Brand Finance Global 500 2023 and 2022 reports.
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`13.
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`Since 1979, Apple has been using its Apple Logo in connection with apparel goods.
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`In part due to Apple’s longstanding use of its famous Appl