ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1362815
`06/04/2024
`
`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
`
`Entity
`
`Address
`
`Aspen Skiing Company, L.L.C.
`
`limited liability company
`
`Incorporated or
`registered in
`
`COLORADO
`
`117 ASPEN AIRPORT BUSINESS CENTER
`ASPEN, CO 81611
`UNITED STATES
`
`Attorney informa-
`tion
`
`KATHRYN L. BOHMANN
`QUARLES & BRADY LLP
`8210 SOUTHPARK TERRACE
`LITTLETON, CO 80120
`UNITED STATES
`Primary email: docketCO@quarles.com
`Secondary email(s): kate.bohmann@quarles.com, ian.saffer@quarles.com,
`alla.meyer@quarles.com
`303-268-0066
`
`Docket no.
`
`195964.00162
`
`Applicant information
`
`Application no.
`
`97814422
`
`Opposition filing
`date
`
`Applicant
`
`06/04/2024
`
`Hillary Simon
`641 ST. JAMES ROAD
`NEWPORT BEACH, CA 92663
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`05/07/2024
`
`Opposition period
`ends
`
`06/06/2024
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Beanies; Boots; Gloves; Hats; Leggings;
`Pants; Scarves; Shirts; Shoes; Shorts; Socks; Sweaters; Sweatshirts; Clothing jackets; Face masks
`being headwear; Thermal underwear; T-shirts
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights in Opposer's marks as de-
`scribed in the Notice of Opposition.
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3003578
`
`Application date
`
`07/17/2003
`
`
`
`Filing date:
`
`ESTTA1362815
`06/04/2024
`
`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
`
`Entity
`
`Address
`
`Aspen Skiing Company, L.L.C.
`
`limited liability company
`
`Incorporated or
`registered in
`
`COLORADO
`
`117 ASPEN AIRPORT BUSINESS CENTER
`ASPEN, CO 81611
`UNITED STATES
`
`Attorney informa-
`tion
`
`KATHRYN L. BOHMANN
`QUARLES & BRADY LLP
`8210 SOUTHPARK TERRACE
`LITTLETON, CO 80120
`UNITED STATES
`Primary email: docketCO@quarles.com
`Secondary email(s): kate.bohmann@quarles.com, ian.saffer@quarles.com,
`alla.meyer@quarles.com
`303-268-0066
`
`Docket no.
`
`195964.00162
`
`Applicant information
`
`Application no.
`
`97814422
`
`Opposition filing
`date
`
`Applicant
`
`06/04/2024
`
`Hillary Simon
`641 ST. JAMES ROAD
`NEWPORT BEACH, CA 92663
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`05/07/2024
`
`Opposition period
`ends
`
`06/06/2024
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Beanies; Boots; Gloves; Hats; Leggings;
`Pants; Scarves; Shirts; Shoes; Shorts; Socks; Sweaters; Sweatshirts; Clothing jackets; Face masks
`being headwear; Thermal underwear; T-shirts
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Other
`
`Common law rights in Opposer's marks as de-
`scribed in the Notice of Opposition.
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3003578
`
`Application date
`
`07/17/2003
`
`
`
`Register
`
`Principal
`
`Registration date
`
`10/04/2005
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`ASPEN MOUNTAIN CLUB
`
`NONE
`
`Class 043. First use: First Use: Nov 2000 First Use In Commerce: Nov 2000
`Restaurant and lounge services; providing banquet and social function facilities
`for occasions
`Class 045. First use: First Use: Nov 2000 First Use In Commerce: Nov 2000
`Private social club services
`
`U.S. registration
`no.
`
`3003828
`
`Register
`
`Principal
`
`Registration date
`
`10/04/2005
`
`Word mark
`
`Design mark
`
`ASPEN MTN CLUB
`
`Application date
`
`03/02/2004
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 043. First use: First Use: Nov 2000 First Use In Commerce: Nov 2000
`Restaurant and lounge services; providing banquet and social function facilities
`for occasions
`Class 045. First use: First Use: Nov 2000 First Use In Commerce: Nov 2000
`Private social club services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`ASPEN MOUNTAIN CLUB
`
`(Common law rights): Restaurant and lounge services; providing ban-
`quet and social function facilities for occasions; private social club ser-
`vices; clothing, including headwear.
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`
`
`Mark
`
`Goods/services
`
`(Common law rights): Restaurant and lounge services; providing ban-
`quet and social function facilities for occasions; Private social club
`services; clothing, including headwear.
`
`Attachments
`
`78275745#TMSN.png( bytes )
`78376680#TMSN.png( bytes )
`ASPEN MTN CLUB & design.jpg
`Notice of Opposition.pdf(660152 bytes )
`
`Signature
`
`/klb/
`
`Name
`
`Date
`
`Kathryn L. Bohmann
`
`06/04/2024
`
`
`
`TTAB
`
`Atty. File No. 195964.00162
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 97814422
`Published in the Official Gazette on May 7, 2024
`
`
`
`Opposition No.
`
`
`
`ASPEN SKIING COMPANY, L.L.C.,
`
`
`Opposer,
`
`
`v.
`
`HILLARY SIMON,
`
`
`Applicant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer Aspen Skiing Company, L.L.C. (“Opposer”) believes it will be damaged by
`
`registration of the mark shown in Application Serial No. 97814422 for the mark ASPEN
`
`MOUNTAIN CLUB, and therefore, opposes the same. As grounds for opposition, Opposer
`
`alleges as follows:
`
`1.
`
`Opposer is a Colorado limited liability company having offices at 117 Aspen
`
`Airport Business Center Aspen, Colorado, 81611.
`
`2.
`
`Opposer owns and operates Aspen Mountain, Aspen Highlands, Buttermilk, and
`
`Snowmass, four of the world’s premier ski and snowboard resorts located in Pitkin County,
`
`Colorado. In addition to ski and snowboard resort services, Opposer offers and sells a wide
`
`variety of related goods and services, including but not limited to recreational and leisure
`
`services; hotel and hospitality services; real estate services; and clothing, gifts, and other goods.
`
`QB\90031659.1
`
`
`
`
`
`3.
`
`Opposer (and/or its affiliates, licensees, and predecessors) have used the ASPEN
`
`MOUNTAIN CLUB and ASPEN MTN CLUB & Design marks in connection with restaurant
`
`services and private social club services since at least as early as November 2000.
`
`4.
`
`Opposer owns the following valid and subsisting U.S. trademark registrations on
`
`the Principal Register:
`
`MARK
`
`REG.
`
`GOODS/SERVICES
`
`ASPEN
`MOUNTAIN
`CLUB
`
`NO.
`
`3003578
`
`
`Class 43: Restaurant and lounge services;
`providing banquet and social function
`facilities for occasions
`
`Class 45: Private social club services
`3003828 Class 43: Restaurant and lounge services;
`providing banquet and social function
`facilities for occasions
`
`Class 45: Private social club services
`
`FILING
`
`FIRST
`
`DATE
`USE DATE
`07/17/2003 11/00/2000
`
`03/02/2004 11/00/2000
`
`
`
`
`True and correct copies of these Registrations are attached hereto as Exhibit A.
`
`5.
`
`In addition to the federal trademark registrations listed above, Opposer also owns
`
`common law rights for its ASPEN MOUNTAIN CLUB mark and ASPEN MTN CLUB &
`
`Design marks based on use in commerce in connection with, among other things, the services
`
`listed in Paragraph 4 above, as well as in connection with clothing and hats since at least as early
`
`as 2000.
`
`6.
`
`Opposer’s common law and federal registration rights in the marks listed in the
`
`preceding Paragraphs No. 2-5 are collectively referred to herein as “Opposer’s Marks.”
`
`7.
`
`Opposer’s Marks have achieved strength and wide public recognition as a result
`
`of extensive and continuous use by Opposer (and/or its affiliates, licensees, and predecessors)
`
`before the filing of Application Serial No. 97814422 and before any known use in U.S.
`
`QB\90031659.1
`
`
`
`
`
`commerce by Applicant of the applied-for mark in connection with the goods identified in the
`
`Application.
`
`8.
`
`As a result of substantial sales and extensive advertising and promotion, Opposer
`
`has established valuable goodwill in Opposer’s Marks. The public has come to associate
`
`Opposer’s Marks with Opposer and to know Opposer’s Marks as indicators of source.
`
`9.
`
`Applicant Hillary Simon filed Application Serial No. 97814422 on February 27,
`
`2023, for the mark ASPEN MOUNTAIN CLUB for use in connection with “Beanies; Boots;
`
`Gloves; Hats; Leggings; Pants; Scarves; Shirts; Shoes; Shorts; Socks; Sweaters; Sweatshirts;
`
`Clothing jackets; Face masks being headwear; Thermal underwear; T-shirts” in Class 25, which
`
`was published for opposition on May 7, 2024. The application was filed under Section 1(b) of
`
`the Trademark Act (“Applicant’s Mark”).
`
`10.
`
`Opposer adopted and used Opposer’s Marks before Applicant’s filing date and
`
`before any claimed first use of Applicant’s Mark in connection with the goods identified in the
`
`Application.
`
`11.
`
`Applicant’s Mark is similar and/or identical to Opposer’s Marks in appearance,
`
`sound, connotation, and commercial impression.
`
`12.
`
`The goods identified in Application Serial No. 90351353 are identical, related to,
`
`and/or overlap with goods and services offered by Opposer under Opposer’s Marks.
`
`13.
`
`The target customers and channels of trade for goods and services offered under
`
`Opposer’s Marks and Applicant’s Mark are related and/or overlap.
`
`14.
`
`Consumers expect Opposer’s goods/services and Applicant’s goods to emanate
`
`from the same source.
`
`QB\90031659.1
`
`
`
`
`
`15.
`
`Based on the foregoing, a likelihood of confusion exists such that Applicant’s
`
`goods offered under Applicant’s Mark may be thought by consumers to emanate from Opposer
`
`and may be confused with Opposer’s goods and/or services. Moreover, registration and use of
`
`Applicant’s Mark is likely to cause confusion, mistake, or deception as to the source or origin of
`
`Applicant’s goods, or to induce purchasers to believe that Applicant’s goods are those of
`
`Opposer, or are endorsed by, affiliated with, or associated with Opposer in violation of 15 U.S.C.
`
`§ 1052(d).
`
`16.
`
`If Applicant’s Mark is permitted to register, the registration would presumptively
`
`entitle Applicant to prima facie exclusive ownership and rights to the mark and would, therefore,
`
`cause confusion among consumers of the relevant goods/services as to source and as to the
`
`relationship of Opposer and Applicant, thereby damaging Opposer and Opposer’s Marks and
`
`irreparably injuring Opposer’s business, goodwill, and reputation.
`
`Wherefore, Opposer respectfully requests that this Opposition be sustained, and that
`
`registration of Applicant’s Mark in the Application Serial No. 97814422 be denied. The filing
`
`fee of $600 per class is enclosed as required by 37 CFR §§ 2.101 and 2.6(a)(17). The
`
`Commissioner is also authorized to charge any additional fees that may be required, or credit any
`
`overpayment, to this firm’s Deposit Account No. 195117.
`
`QB\90031659.1
`
`
`
`
`Date: June 4, 2024
`
`Respectfully submitted,
`
`QUARLES & BRADY LLP
`/s/Kathryn Bohmann
`Kathryn L. Bohmann
`Ian L. Saffer
`8210 Southpark Terrace
`Littleton, CO 80120
`(303) 268-0066
`
`Attorneys for Opposer
`Aspen Skiing Company, L.L.C.
`
`QB\90031659.1
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`Int. Cls.: 43 and 45
`
`Prior U.S. Cls.: 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 3,003,578
`Registered Oct. 4, 2005
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`ASPEN MOUNTAIN CLUB
`
`ASPEN SKIING COMPANY (COLORADO LTD
`LIAB CO)
`P.O. BOX 1248
`ASPEN,CO 81612
`
`FOR: RESTAURANT AND LOUNGESERVICES;
`PROVIDING BANQUET AND SOCIAL FUNCTION
`FACILITIES FOR OCCASIONS, IN CLASS 43 (U.S.
`CLS. 100 AND 101).
`
`FIRST USE 11-0-2000; IN COMMERCE 11-0-2000.
`
`FOR: PRIVATE SOCIAL CLUB SERVICES, IN
`CLASS45 (U.S. CLS. 100 AND 101).
`
`FIRST USE 11-0-2000; IN COMMERCE11-0-2000.
`
`OWNEROFU.S. REG. NO.2,906,128.
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "MOUNTAIN CLUB", APART
`FROM THE MARK AS SHOWN.
`
`SEC. 2(F) ASPEN.
`
`SER. NO. 78-275,745, FILED 7-17-2003.
`
`KELLY BOULTON, EXAMINING ATTORNEY
`
`
`
`Int. Cls.: 43 and 45
`
`Prior U.S. Cls.: 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 3,003,828
`Registered Oct. 4, 2005
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`
`
`ASPEN SKIING COMPANY (COLORADO LTD
`LIAB CO)
`P.O. BOX 1248
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE "MTN CLUB", APART FROM THE
`MARK AS SHOWN.
`
`ASPEN, CO 81612
`
`FOR: RESTAURANT AND LOUNGE SERVICES;
`PROVIDING BANQUET AND SOCIAL FUNCTION
`FACILITIES FOR OCCASIONS, IN CLASS 43 (US.
`CLS. 100 AND 101).
`
`FIRST USE 11-0-2000; IN COMMERCE 11-0-2000.
`
`THE COLOR(S) BLACK, BLUE AND YELLOWIS/
`ARE CLAIMED AS A FEATURE OF THE MARK.
`
`THE MARK CONSISTS OF A WHITE AND YEL-
`LOW SNOWFLAKE OVER A LIGHT BLUE BACK-
`GROUND SHIELD THAT ALSO CONTAINS THE
`WORDPORTIONS OF THE MARK.
`
`FOR: PRIVATE SOCIAL CLUB SERVICES, IN
`CLASS45 (U.S. CLS. 100 AND 101).
`
`SEC. 2(F) AS TO ASPEN.
`
`FIRST USE 11-0-2000; IN COMMERCE 11-0-2000.
`
`SER. NO. 78-376,680, FILED 3-2-2004.
`
`OWNEROFU.S. REG. NO.2,906,128.
`
`CATHERINE CAIN, EXAMINING ATTORNEY
`
`
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