ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1344303
`03/06/2024
`
`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
`
`CE Trademark, LLC
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`03/06/2024
`
`9200 SUNSET BLVD, SUITE 300
`WEST HOLLYWOOD, CA 90069
`UNITED STATES
`
`JOHN L. KRIEGER
`DICKINSON WRIGHT PLLC
`3883 HOWARD HUGHES PARKWAY, SUITE 800
`LAS VEGAS, NV 89169
`UNITED STATES
`Primary email: trademarkslv@dickinson-wright.com
`Secondary email(s): jkrieger@dickinson-wright.com,
`mbright@dickinson-wright.com, amoretto@dickinson-wright.com,
`slnorton@dickinson-wright.com
`702-550-4400
`
`Docket no.
`
`92026-30002
`
`Applicant information
`
`Application no.
`
`79344527
`
`Publication date
`
`11/07/2023
`
`Opposition filing
`date
`
`International re-
`gistration no.
`
`Applicant
`
`03/06/2024
`
`1671114
`
`Opposition period
`ends
`
`International re-
`gistration date
`
`03/06/2024
`
`05/17/2022
`
`Jang Seung Yul
`203-902, 16 SINDORIM-RO,
`GURO-GU SEOUL
`KOREA, REPUBLIC OF
`
`Goods/services affected by opposition
`
`Class 009. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Downloadable and recorded computer ap-
`plication software for mobile phone to be used as a digital virtual currency wallet; downloadable and
`recorded software for providing authentication of financial transaction parties; downloadable and re-
`corded software for maintaining the financial transaction ledger; downloadable software for virtual
`money for the purpose of managing bank accounts, electronically trading cryptocurrency, transferring
`cryptocurrency to others; downloadable electronic wallets being downloadable computer software for
`use as an electronic wallet; downloadable and recorded computer operating system software for
`sending, receiving, accepting, buying, selling, storing, transmitting, and enabling transactions and ex-
`change of digital currency, virtual currency, digital and blockchain assets, digitized assets, digital
`tokens, crypto tokens and utility tokens; downloadable and recorded computer operating system soft-
`
`

`

`ware for payment, purchase, and investment using digital currency, virtual currency, digital and block-
`chain assets, digitized assets, digital tokens, crypto tokens and utility tokens; downloadable and re-
`corded computer operating system software for digital currency, virtual currency, digital and block-
`chain assets, digitized assets, digital token, crypto token and utility token portfolio management;
`downloadable and recorded computer operating system software for development, distribution, man-
`agement, and integration of application software for use with digital currency, virtual currency, digital
`and blockchain assets, digitized assets, digital token, crypto token and utility token account; down-
`loadable and recorded computer operating system software for issuing digital currency, virtual cur-
`rency, digital and blockchain assets, digitized assets, digital tokens, crypto tokens and utility tokens;
`downloadable and recorded computer operating system software for digital currency, virtual currency,
`digital asset, blockchain asset, digitized asset, digital token, crypto token, and utility token transaction
`management add and verification; blockchain related software, namely, downloadable and recorded
`software for managing bank accounts, electronically trading cryptocurrency, transferring cryptocur-
`rency to others
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Dilution by tarnishment
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Sections 2 and 43(c)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`4629482
`
`Register
`
`Principal
`
`Registration date
`
`10/28/2014
`
`Application date
`
`10/20/2011
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`REVOLT
`
`NONE
`
`Class 038. First use: First Use: Apr 15, 2013 First Use In Commerce: Apr 15,
`2013
`Cable television broadcasting, television broadcasting, and broadcasting pro-
`grams via a global computer network
`Class 041. First use: First Use: Oct 21, 2013 First Use In Commerce: Oct 21,
`2013
`Entertainment services, namely, television and internet programs featuring live
`action, music and news; entertainment services, namely, radio programs featur-
`ing music and news; production of television programs, namely, music shows
`which are broadcast live or taped for later broadcast; live musical concerts; TV
`news shows; providing online information in the field of entertainment concern-
`ing television and radio programs; entertainment services in the nature of on-line
`interactive programs about music provided by means of global and local area
`computer networks and wireless communication networks
`
`U.S. registration
`no.
`
`5375504
`
`Register
`
`Principal
`
`Registration date
`
`01/09/2018
`
`Word mark
`
`Design mark
`
`REVOLT
`
`Application date
`
`04/10/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 038. First use: First Use: Sep 1, 2013 First Use In Commerce: Sep 1,
`2013
`Cable television broadcasting, satellite television broadcasting, cable radio
`broadcasting, satellite radio broadcasting, television broadcasting, radio broad-
`casting, mobile broadcasting and broadcasting programs via a global computer
`network; broadcasting to television set top devices; broadcasting to digital media
`receivers and streaming media players; transmission of audiovisual and multi-
`media content to set top devices; broadcasting of television programs and spe-
`cials; broadcasting programs, series, motion picture films, videos, music, music
`videos, animation and multimedia content via Internet, electronic communica-
`tions networks, computer networks and wireless communications networks; tele-
`communication services, namely, transmission of podcasts and webcasts;
`streaming of audio and visual material via the Internet; transmission of informa-
`tion by electronic communications networks; transmitting and streaming elec-
`tronic and digital audio, video, graphics, text, signals, messages, news, data and
`information via global computer networks, portable and wireless electronic and
`digital communication devices
`
`U.S. application
`no.
`
`97090987
`
`Application date
`
`10/25/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`REVOLT
`
`NONE
`
`Class 025. First use: First Use: None First Use In Commerce: None
`Belts; Bottoms as clothing; Coats; Dresses; Footwear; Gloves; Headwear; Jack-
`ets; Loungewear; Scarves; Bandanas; Headbands; Sleepwear; Socks; Tops as
`clothing; Undergarments; Sweatshirts; Sweatpants
`
`U.S. registration
`no.
`
`6356149
`
`Register
`
`Principal
`
`Registration date
`
`05/18/2021
`
`Application date
`
`05/24/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`REVOLT
`
`The mark consists of the stylized text "REVOLT" placed within a rectangle.
`
`Class 035. First use: First Use: Dec 1, 2020 First Use In Commerce: Dec 1,
`2020
`Advertising services; marketing services; providing an online database for com-
`mercial administration of the licensing of vintage and current broadcasts, inter-
`views, images, stock and archival footage collections
`
`U.S. registration
`no.
`
`5380806
`
`Register
`
`Principal
`
`Registration date
`
`01/16/2018
`
`Application date
`
`05/24/2013
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`REVOLT
`
`The mark consists of the word "REVOLT" inside a rectangular box.
`
`Class 038. First use: First Use: Sep 1, 2013 First Use In Commerce: Sep 1,
`2013
`Broadcasting of television programs and specials; broadcasting programs,
`series, motion picture films, videos, music, music videos, animation and multi-
`media content via internet, electronic communications networks, computer net-
`works and wireless communications networks; broadcasting to television set top
`devices; transmission of audiovisual and multimedia content to set top devices;
`cable television broadcasting, satellite television broadcasting, cable radio
`broadcasting, satellite radio broadcasting, television broadcasting, radio broad-
`casting, mobile broadcasting and broadcasting programs via a global computer
`network; providing on-line chat rooms for transmission of messages among
`computer users concerning the topics of television and entertainment; providing
`online electronic bulletin boards for transmission of messages among computer
`and mobile device users concerning the topics of television and entertainment;
`providing transmission of uploading and downloading; music, mp3s, graphics,
`games, video images, information, and news via global and local area computer
`networks and wireless communication networks; streaming of audio and visual
`material via the Internet; electronic transmission of text, audio, video and graph-
`ics to mobile phones and other wireless devices; transmitting and streaming
`electronic and digital audio, video, graphics, text, signals, messages, news, data
`and information via global computer networks, portable and wireless electronic
`and digital communication devices; delivery of digital music by electronic trans-
`mission; delivery of digital content by electronic transmission
`
`U.S. registration
`no.
`
`5423591
`
`Register
`
`Principal
`
`Registration date
`
`03/13/2018
`
`Application date
`
`05/24/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`REVOLT
`
`The mark consists of the word "REVOLT" inside a rectangular box.
`
`Class 042. First use: First Use: Sep 1, 2013 First Use In Commerce: Sep 1,
`2013
`Computer services, namely, uploading music to the Internet for others; computer
`services, namely, creating an on-line community for registered users to particip-
`ate in discussions, get feedback from their peers, form virtual communities, and
`engage in social networking services in the field of entertainment; providing a
`website allowing users to download music and music videos
`
`U.S. registration
`no.
`
`6147644
`
`Register
`
`Principal
`
`Registration date
`
`09/08/2020
`
`Word mark
`
`Design mark
`
`REVOLT TV
`
`Description of
`
`NONE
`
`Application date
`
`02/22/2016
`
`Foreign priority
`date
`
`NONE
`
`

`

`mark
`
`Goods/services
`
`Class 038. First use: First Use: Jan 1, 2014 First Use In Commerce: Jan 1, 2014
`Cable television broadcasting, satellite television broadcasting, cable radio
`broadcasting, satellite radio broadcasting, television broadcasting, radio broad-
`casting and broadcasting programs via a global computer network; providing on-
`line chat rooms for transmission of messages among computer users concern-
`ing the topics of television and entertainment; providing on-line electronic bullet-
`in boards for transmission of messages among computer and mobile device
`users concerning the topics of television and entertainment; providing transmis-
`sion of uploading and downloading ring tones, voice, music, mp3s, graphics,
`games, video images, information, and news via global and local area computer
`networks and wireless communication networks; sending and receiving voice
`and text messages between electronic devices via global and local area com-
`puter networks and wireless communication networks
`Class 041. First use: First Use: Jan 1, 2014 First Use In Commerce: Jan 1, 2014
`Entertainment services, namely, television, radio, internet and satellite programs
`featuring live action, drama, comedy, sci-fi, animation, music and news; produc-
`tion of television programs, namely, dance shows, music shows, video award
`shows, music award shows, comedy shows, game shows, special variety shows
`and sports events which are broadcast live or taped for later broadcast; live mu-
`sical concerts and tv news shows; production of talent contests and music and
`television award events; organizing and providing displays and exhibits of enter-
`tainment memorabilia and collectibles relating to style and fashion; providing on-
`line information in the field of entertainment concerning television and radio pro-
`grams; entertainment services in the nature of production of on-line interactive
`television programs featuring entertainment, music, dance, live action, drama,
`comedy, sci-fi, animation, game shows, video awards, music awards, television
`awards, special variety shows, sports, fashion, news, current events, travel, and
`topics of general interest provided by means of global and local area computer
`networks and wireless communication networks
`
`U.S. registration
`no.
`
`4720845
`
`Register
`
`Principal
`
`Registration date
`
`04/14/2015
`
`Application date
`
`06/21/2013
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`REVOLT FILMS
`
`NONE
`
`Class 009. First use: First Use: Mar 28, 2006 First Use In Commerce: Mar 28,
`2006
`Prerecorded DVDs and audio visual recordings containing motion pictures,
`movies and videos; downloadable audio-visual recordings, featuring entertain-
`ment programs and content featuring drama and action via computer and other
`communications networks
`
`U.S. application
`no.
`
`97160628
`
`Application date
`
`12/07/2021
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`R @REVOLTTV
`
`Foreign priority
`date
`
`NONE
`
`Description of
`
`The mark consists of the stylized text "R" placed within a box and directly above
`
`

`

`mark
`
`the stylized text "@REVOLTTV".
`
`Goods/services
`
`Class 009. First use: First Use: None First Use In Commerce: None
`Downloadable software application for communication devices and media play-
`ers for use in accessing, streaming and viewing audiovisual and multimedia con-
`tent in the fields of entertainment, news, politics, popular culture, music, and cur-
`rent events; downloadable computer application software for communication
`devices and media players, namely, software used to provide information in the
`fields of entertainment, news, politics, popular culture, entertainment, music and
`current events; downloadable audio and video recordings featuring information
`about news, politics, popular culture, entertainment, music and current events
`via global communication network; downloadable electronic publications,
`namely, books and magazines featuring information about news, politics, popu-
`lar culture, entertainment, music and current events recorded on computer me-
`dia; all of the foregoing to exclude video game and computer games software
`
`U.S. application
`no.
`
`97160664
`
`Application date
`
`12/07/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`R @REVOLTTV
`
`The mark consists of the stylized text "R" placed within a box and directly above
`the stylized text "@REVOLTTV".
`
`Class 038. First use: First Use: None First Use In Commerce: None
`Broadcasting programs via a global computer network; streaming of audio and
`audiovisual material via electronic communications networks, local and global
`computer networks and wireless communications networks; Electronic transmis-
`sion and streaming of digital media content for others via global and local com-
`puter networks; video on demand transmission services; electronic transmission
`of audio and video tethered downloads; sending and receiving voice and text
`messages between electronic devices via global and local area computer net-
`works and wireless communication networks; all of the foregoing to exclude
`video game and computer games software
`
`U.S. application
`no.
`
`97160689
`
`Application date
`
`12/07/2021
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`R @REVOLTTV
`
`The mark consists of the stylized text "R" placed within a box and directly above
`the stylized text "@REVOLTTV".
`
`Class 041. First use: First Use: None First Use In Commerce: None
`Entertainment services, namely, online non-downloadable audio and video re-
`cordings featuring information about entertainment, music, pop culture and cur-
`rent events via the Internet; entertainment services, namely, a multimedia pro-
`gram series featuring action, drama, comedy, sci-fi, animation, music, pop cul-
`ture and news distributed via various platforms across multiple forms of trans-
`mission media; entertainment services, namely, multimedia production services;
`production of audio and video recordings; production of television programs; En-
`tertainment services, namely, live musical concerts and tv news shows; produc-
`tion of talent contests and music and television award events; arranging and
`conducting special events for social entertainment purposes; Entertainment ser-
`vices, namely, organizing and providing displays and exhibits in the field of fash-
`
`

`

`ion; providing online information in the field of entertainment, music, pop culture
`and current events; providing news, information and commentary in the field of
`entertainment, music, pop culture and current events; all of the foregoing to ex-
`clude video game and computer games software
`
`Attachments
`
`2024-03-06 Notice of Opposition - REVOLT 9 79344527.pdf(225843 bytes )
`
`Signature
`
`/John L. Krieger/
`
`Name
`
`Date
`
`JOHN L. KRIEGER
`
`03/06/2024
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`CE Trademark LLC, a New York limited
`liability company,
`
`
`
`
`
`Jang Seung Yul, an individual,
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`Mark: REVOLT
`Ser. No: 79/344,527
`Published: November 7, 2023
`Class: 9
`
`
`
`
`
`
`
`Opposer,
`
`Applicant.
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Pursuant to 15 U.S.C. § 1063 and 37 C.F.R. §§ 2.101 and 2.104(a), CE Trademark LLC, a
`
`New York limited liability company, with its principal place of business at 9200 Sunset Blvd, Suite
`
`300, West Hollywood, California 90069 (“Opposer”), believes it will be damaged by the
`
`registration of the mark REVOLT set forth in Application Ser. No. 79/344,527 in International
`
`Class 9 for:
`
`Downloadable and recorded computer application software for mobile phone to
`
`be used as a digital virtual currency wallet; downloadable and recorded software
`
`for providing authentication of financial transaction parties; downloadable and
`
`recorded software
`
`for maintaining
`
`the
`
`financial
`
`transaction
`
`ledger;
`
`downloadable software for virtual money for the purpose of managing bank
`
`accounts, electronically trading cryptocurrency, transferring cryptocurrency to
`
`others; downloadable electronic wallets being downloadable computer software
`
`for use as an electronic wallet; downloadable and recorded computer operating
`
`system software for sending, receiving, accepting, buying, selling, storing,
`
`transmitting, and enabling transactions and exchange of digital currency, virtual
`
`currency, digital and blockchain assets, digitized assets, digital tokens, crypto
`
`tokens and utility tokens; downloadable and recorded computer operating
`
`

`

`Application No. 79/344,527
`
`
`system software for payment, purchase, and investment using digital currency,
`
`virtual currency, digital and blockchain assets, digitized assets, digital tokens,
`
`crypto tokens and utility tokens; downloadable and recorded computer
`
`operating system software for digital currency, virtual currency, digital and
`
`blockchain assets, digitized assets, digital token, crypto token and utility token
`
`portfolio management; downloadable and recorded computer operating system
`
`software for development, distribution, management, and integration of
`
`application software for use with digital currency, virtual currency, digital and
`
`blockchain assets, digitized assets, digital token, crypto token and utility token
`
`account; downloadable and recorded computer operating system software for
`
`issuing digital currency, virtual currency, digital and blockchain assets,
`
`digitized assets, digital tokens, crypto tokens and utility tokens; downloadable
`
`and recorded computer operating system software for digital currency, virtual
`
`currency, digital asset, blockchain asset, digitized asset, digital token, crypto
`
`token, and utility token transaction management add and verification;
`
`blockchain related software, namely, downloadable and recorded software for
`
`managing bank accounts, electronically trading cryptocurrency, transferring
`
`cryptocurrency to others.
`
`(the “Opposed Mark”), and hereby opposes the same.
`
`As grounds for its opposition, Opposer alleges as follows:
`
`FACTS COMMON TO ALL CLAIMS
`
`1.
`
`Opposer and its affiliates own and operate REVOLT, an American music-oriented
`
`digital cable television network founded in 2013 by Sean Combs and Andy Schuon.
`
`2.
`
`Opposer owns the exclusive right to use the mark REVOLT and REVOLT-
`
`formative marks in Classes 9, 25, 38 and 41 in connection with entertainment, media content,
`
`broadcasting, merchandise, and related goods and services, and owns the following federal
`
`registrations and pending applications:
`
`

`

`Application No. 79/344,527
`
`
`a. REVOLT, Reg. No. 4,629,482:
`
`i. Class 38 for: Cable television broadcasting, television broadcasting, and
`
`broadcasting programs via a global computer network;
`
`ii. Class 41 for: Entertainment services, namely, television and internet programs
`
`featuring live action, music and news; entertainment services, namely, radio
`
`programs featuring music and news; production of television programs,
`
`namely, music shows which are broadcast live or taped for later broadcast; live
`
`musical concerts; TV news shows; providing online information in the field of
`
`entertainment concerning television and radio programs; entertainment services
`
`in the nature of on-line interactive programs about music provided by means of
`
`global and local area computer networks and wireless communication
`
`networks;
`
`b. REVOLT, Reg. No. 5,375,504, Class 38 for: Cable television broadcasting,
`
`satellite
`
`television broadcasting, cable radio broadcasting, satellite radio
`
`broadcasting, television broadcasting, radio broadcasting, mobile broadcasting and
`
`broadcasting programs via a global computer network; broadcasting to television
`
`set top devices; broadcasting to digital media receivers and streaming media
`
`players; transmission of audiovisual and multimedia content to set top devices;
`
`broadcasting of television programs and specials; broadcasting programs, series,
`
`motion picture films, videos, music, music videos, animation and multimedia
`
`content via Internet, electronic communications networks, computer networks and
`
`wireless communications networks;
`
`telecommunication services, namely,
`
`transmission of podcasts and webcasts; streaming of audio and visual material via
`
`the Internet; transmission of information by electronic communications networks;
`
`transmitting and streaming electronic and digital audio, video, graphics, text,
`
`signals, messages, news, data and information via global computer networks,
`
`portable and wireless electronic and digital communication devices;
`
`

`

`Application No. 79/344,527
`
`
`c. REVOLT, App. No. 97/090,987, Class 25 for: Belts; Bottoms as clothing; Coats;
`
`Dresses; Footwear; Gloves; Headwear; Jackets; Loungewear; Scarves; Bandanas;
`
`Headbands; Sleepwear; Socks; Tops as clothing; Undergarments; Sweatshirts;
`
`Sweatpants;
`
`
`
`d.
`
`, Reg. No. 6,356,149, Class 35 for: Advertising services;
`
`marketing services; providing an online database for commercial administration of
`
`the licensing of vintage and current broadcasts, interviews, images, stock and
`
`archival footage collections;
`
`
`
`e.
`
`, Reg. No. 5,380,806, Class 38 for: Broadcasting of television
`
`programs and specials; broadcasting programs, series, motion picture films,
`
`videos, music, music videos, animation and multimedia content via internet,
`
`electronic communications networks, computer networks and wireless
`
`communications networks; broadcasting to television set top devices; transmission
`
`of audiovisual and multimedia content to set top devices; cable television
`
`broadcasting, satellite television broadcasting, cable radio broadcasting, satellite
`
`radio broadcasting,
`
`television broadcasting,
`
`radio broadcasting, mobile
`
`broadcasting and broadcasting programs via a global computer network; providing
`
`on-line chat rooms for transmission of messages among computer users concerning
`
`the topics of television and entertainment; providing online electronic bulletin
`
`boards for transmission of messages among computer and mobile device users
`
`concerning the topics of television and entertainment; providing transmission of
`
`uploading and downloading; music, mp3s, graphics, games, video images,
`
`information, and news via global and local area computer networks and wireless
`
`communication networks; streaming of audio and visual material via the Internet;
`
`electronic transmission of text, audio, video and graphics to mobile phones and
`
`

`

`Application No. 79/344,527
`
`
`other wireless devices; transmitting and streaming electronic and digital audio,
`
`video, graphics, text, signals, messages, news, data and information via global
`
`computer networks, portable and wireless electronic and digital communication
`
`devices; delivery of digital music by electronic transmission; delivery of digital
`
`content by electronic transmission;
`
`
`
`f.
`
`, Reg. No. 5,423,591, Class 42 for: Computer services, namely,
`
`uploading music to the Internet for others; computer services, namely, creating an
`
`on-line community for registered users to participate in discussions, get feedback
`
`from their peers, form virtual communities, and engage in social networking
`
`services in the field of entertainment; providing a website allowing users to
`
`download music and music videos; and
`
`g. REVOLT TV, Reg. No. 6,147,644,
`
`i. Class 38 for: Cable television broadcasting, satellite television broadcasting,
`
`cable radio broadcasting, satellite radio broadcasting, television broadcasting,
`
`radio broadcasting and broadcasting programs via a global computer network;
`
`providing on-line chat rooms for transmission of messages among computer
`
`users concerning the topics of television and entertainment; providing on-line
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`electronic bulletin boards for transmission of messages among computer and
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`mobile device users concerning the topics of television and entertainment;
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`providing transmission of uploading and downloading ring tones, voice, music,
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`mp3s, graphics, games, video images, information, and news via global and
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`local area computer networks and wireless communication networks; sending
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`and receiving voice and text messages between electronic devices via global
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`and local area computer networks and wireless communication networks; and
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`ii. Class 41 for: Entertainment services, namely, television, radio, internet and
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`satellite programs featuring live action, drama, comedy, sci-fi, animation, music
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`Application No. 79/344,527
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`and news; production of television programs, namely, dance shows, music
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`shows, video award shows, music award shows, comedy shows, game shows,
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`special variety shows and sports events which are broadcast live or taped for
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`later broadcast; live musical concerts and tv news shows; production of talent
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`contests and music and television award events; organizing and providing
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`displays and exhibits of entertainment memorabilia and collectibles relating to
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`style and fashion; providing online information in the field of entertainment
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`concerning television and radio programs; entertainment services in the nature
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`of production of on-line
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`interactive
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`television programs
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`featuring
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`entertainment, music, dance, live action, drama, comedy, sci-fi, animation,
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`game shows, video awards, music awards, television awards, special variety
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`shows, sports, fashion, news, current events, travel, and topics of general
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`interest provided by means of global and local area computer networks and
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`wireless communication networks;
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`h. REVOLT FILMS, Reg. No. 4,720,845, Class 9 for: Prerecorded DVDs and audio
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`visual recordings containing motion pictures, movies and videos; downloadable
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`audio-visual recordings, featuring entertainment programs and content featuring
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`drama and action via computer and other communications networks;
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`
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`
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`i.
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` , App. No. 97/160,628, Class 9 for: Downloadable software application
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`for communication devices and media players for use in accessing, streaming and
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`viewing audiovisual and multimedia content in the fields of entertainment, news,
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`politics, popular culture, music, and current events; downloadable computer
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`application software for communication devices and media players, namely,
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`software used to provide information in the fields of entertainment, news, politics,
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`popular culture, entertainment, music and current events; downloadable audio and
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`Application No. 79/344,527
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`video recordings featuring information about news, politics, popular culture,
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`entertainment, music and current events via global communication network;
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`downloadable electronic publications, namely, books and magazines featuring
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`information about news, politics, popular culture, entertainment, music and current
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`events recorded on computer media; all of the foregoing to exclude video game
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`and computer games software;
`
`
`
`
`
`j.
`
` , App. No. 97/160,664, Class 38 for: Broadcasting programs via a global
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`computer network; streaming of audio and audiovisual material via electronic
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`communications networks, local and global computer networks and wireless
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`communications networks; Electronic transmission and streaming of digital media
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`content for others via global and local computer networks; video on demand
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`transmission services; electronic transmission of audio and video tethered
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`downloads; sending and receiving voice and text messages between electronic
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`devices via global and local area computer networks and wireless communication
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`networks; all of the foregoing to exclude video game and computer games
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`software; and
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`
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`
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`k. , App. No. 97/160, 689, Class 41 for: Entertainment services, namely,
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`online non-downloadable audio and video recordings featuring information about
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`entertainment, music, pop culture and current events via the Internet; entertainment
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`services, namely, a multimedia program series featuring action, drama, comedy,
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`sci-fi, animation, music, pop culture and news distributed via various platforms
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`across multiple forms of transmission media; entertainment services, namely,
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`multimedia production services; production of audio and video recordings;
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`Application No. 79/344,527
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`production of television programs; Entertainment services, namely, live musical
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`concerts and tv news shows; production of talent contests and music and television
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`award events; arranging and conducting special events for social entertainment
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`purposes; Entertainment services, namely, organizing and providing displays and
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`exhibits in the field of fashion; providing online information in the field of
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`entertainment, music, pop culture and current events; providing news, information
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`and commentary in the field of entertainment, music, pop culture and current
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`events; all of the foregoing to exclude video game and computer games software.
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`(the “REVOLT Marks”).
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`3.
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`Through over two decades of use, Opposer has established extensive common law
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`rights in its REVOLT Marks.
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`4.
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`The REVOLT Marks are recognized worldwide and have developed a substantial
`
`amount of fame and goodwill among the consuming public. Opposer has received 22 awards
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`within the last few years for its variety of content featuring topics on hip-hop, news, and social
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`justice.
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`5.
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`Opposer has continuously used the REVOLT Marks in connection with
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`entertainment, media content, broadcasting, merchandise, and other related goods and services in
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`the United States and the REVOLT Marks are well established in the entertainment industry.
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`6.
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`Opposer has spent substantial amounts of time, effort, and resources promoting and
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`advertising its REVOLT Marks in print, broadcast media, and on the Internet through its website
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`accessible throughout the United States and around the world at <https://www.revolt.tv/>, among
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`others.
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`7.
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`Based on its federal trademark registrations, pending applications, and extensive
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`use, Opposer owns the exclusive right to use the REVOLT Marks in connection with its
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`entertainment goods and services and merchandise offered in connection with its entertainment-
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`related goods and services.
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`/ / /
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`Application No. 79/344,527
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`8.
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`Opposer’s sales and promotion of its entertainment goods a