ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1379904
`08/27/2024
`
`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
`Granted to date
`of previous ex-
`tension
`Address
`
`Attorney informa-
`tion
`
`Docket no.
`
`Los Angeles Dodgers LLC
`08/28/2024
`
`DODGER STADIUM
`1000 VIN SCULLY AVENUE
`LOS ANGELES, CA 90012
`UNITED STATES
`
`ERIN S. HENNESSY
`HAYNES AND BOONE, LLP
`30 ROCKEFELLER PLAZA - FLOOR 26
`NEW YORK, NY 10112-0086
`UNITED STATES
`Primary email: IPDocketing@haynesboone.com
`Secondary email(s): Erin.Hennessy@haynesboone.com, An-
`nie.Allison@haynesboone.com, Eva.Martinez@haynesboone.com, Vivi-
`an.Hwang@haynesboone.com, Ariella.Kleiman@haynesboone.com
`(212) 835-4869
`63299.204
`
`Applicant information
`
`Application no.
`Opposition filing
`date
`Applicant
`
`97926098
`08/27/2024
`
`Neverdal Tom
`19712 AZURE FIELD DR
`NEWHALL, CA 91321
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`Opposition period
`ends
`
`04/30/2024
`08/28/2024
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Pants; Shirts; Sweaters; Skull caps
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Dilution by tarnishment
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`Trademark Act Sections 2 and 43(c)
`Trademark Act Section 2(a)
`
`

`

`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`Register
`Registration date
`
`1226725
`
`Principal
`02/08/1983
`
`Word mark
`Design mark
`
`LA
`
`Application date
`
`10/23/1980
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: 1958 First Use In Commerce: 1958
`Baseball Caps
`
`U.S. registration
`no.
`Register
`Registration date
`
`1532657
`
`Principal
`04/04/1989
`
`Word mark
`Design mark
`
`LA
`
`Application date
`
`08/17/1988
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 006. First use: First Use: 1986 First Use In Commerce: 1986
`NOVELTY ITEMS, NAMELY, KEY CHAINS AND KEY CHAIN MEDALLIONS;
`ALUMINUM CONTAINERS FOR FOOD, BEVERAGE AND HOUSEHOLD USE
`Class 011. First use: First Use: 1987 First Use In Commerce: 1987
`[ FLASHLIGHTS ]
`Class 014. First use: First Use: 1987 First Use In Commerce: 1987
`WATCHES AND JEWELRY, NAMELY, PINS, BATTING HELMET WRIST-
`WATCHES, CHARMS AND PENDANTS
`Class 016. First use: First Use: 1987 First Use In Commerce: 1987
`PAPER PRODUCTS AND PRINTED MATTER, NAMELY, [ LENTICULAR
`BASEBALL CARDS, ] BASEBALL CARDS, PHOTOS OF BASEBALL PLAYERS
`AND BASEBALL STICKER ALBUM COLLECTION
`Class 021. First use: First Use: 1985 First Use In Commerce: 1985
`BEVERAGE CONTAINERS, NAMELY, GLASSES
`Class 024. First use: First Use: 1986 First Use In Commerce: 1986
`FABRICS, NAMELY, TOWELS, BEDSPREADS AND PENNANTS
`
`

`

`Class 028. First use: First Use: 1987 First Use In Commerce: 1987
`TOYS AND SPORTING GOODS, NAMELY, PLASTIC BATTING HELMETS
`AND DOLLS
`Class 034. First use: First Use: 1985 First Use In Commerce: 1985
`[ SMOKER'S ARTICLES, NAMELY, CIGARETTE LIGHTERS ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`1858662
`
`Principal
`10/18/1994
`
`Word mark
`Design mark
`
`LA
`
`Application date
`
`12/11/1992
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Apr 1958 First Use In Commerce: Apr 1958
`clothing; namely, shirts, shorts, [dresses, jogging suits, warm-ups, socks, ] un-
`derwear, jackets, sweaters, [vests, pants, ponchos,] visors, [raincoats,] hats,
`caps, cloth bibs, [undershirts,] undershirt and diaper pants set, baby pants, uni-
`forms relating to the game of baseball, [baby bootees and short sets, ties, paja-
`mas, nightshirts, nightgowns,] sweatshirts, [mittens, gloves,] knitted headwear,
`scarves, [ hosiery, wristbands, headbands, robes,shoes, chef's hats, aprons,
`neckties, and bandanas ]
`
`U.S. registration
`no.
`Register
`Registration date
`
`2512741
`
`Principal
`11/27/2001
`
`Word mark
`Design mark
`
`LA
`
`Application date
`
`04/12/2001
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Apr 15, 1958 First Use In Commerce: Apr 15,
`1958
`ENTERTAINMENT, EDUCATION AND INFORMATION SERVICES, NAMELY,
`BASEBALL GAMES, COMPETITIONS AND EXHIBITIONS RENDERED LIVE,
`THROUGH BROADCAST MEDIA INCLUDING TELEVISION AND RADIO AND
`VIA A GLOBAL COMPUTER NETWORK OR A COMMERCIAL ON-LINE SER-
`VICE; PROVIDING INFORMATION IN THE FIELD OF SPORTS, ENTERTAIN-
`MENT AND RELATED TOPICS AND THE EXCHANGE OF INFORMATION RE-
`LATING THERETO, PROVIDING MULTI-USER INTERACTIVE COMPUTER
`
`

`

`GAMES ALL VIA A GLOBAL COMPUTER NETWORK OR A COMMERCIAL
`ON-LINE SERVICE
`
`U.S. registration
`no.
`Register
`Registration date
`
`3370319
`
`Principal
`01/15/2008
`
`Word mark
`Design mark
`
`LA
`
`Application date
`
`06/02/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`The mark consists of the letters "LA" in stylized form.
`
`Class 018. First use: First Use: Sep 2005 First Use In Commerce: Sep 2005
`Athletic bags, overnight bags, backpacks, duffel bags, tote bags, beach bags,
`lunch totes, knapsacks, attaché cases, briefcases, purses, wallets, billfolds, [
`fanny packs, waist packs, ]business card cases, luggage tags, card cases, dog
`collars and dog leashes
`
`U.S. registration
`no.
`Register
`Registration date
`
`3370320
`
`Principal
`01/15/2008
`
`Word mark
`Design mark
`
`LA
`
`Application date
`
`06/02/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`The mark consists of the letters "LA" in stylized form.
`
`Class 009. First use: First Use: Apr 1996 First Use In Commerce: Apr 1996
`Electrical and scientific apparatus, namely, pre-recorded videodiscs relating to
`baseball; [ pre-recorded audio discs relating to baseball; ] [ compact disc cases;
`] [ cases for personal digital assistants, ] cell phone accessories, namely, cases
`and face plate covers; calculators; [ photographic cameras; ] electric switch plate
`covers; sunglasses; decorative magnets; protective helmets, baseball batting
`helmets, [ catcher's helmets; ] video and computer game cartridges, video and
`computer game discs, [ video and computer game cassettes ] [ and video game
`controllers ] ; computer accessories, namely, mouse pads, computer game pro-
`grams
`
`U.S. registration
`
`4615500
`
`Application date
`
`10/22/2009
`
`

`

`no.
`Register
`Registration date
`
`Principal
`10/07/2014
`
`Word mark
`Design mark
`
`LA
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`Goods/services
`
`The mark consists of stylized letters "LA".
`
`Class 009. First use: First Use: 2005 First Use In Commerce: 2006
`Decorative car magnets
`Class 014. First use: First Use: 2004 First Use In Commerce: 2007
`[ Watches ]
`Class 024. First use: First Use: 2005 First Use In Commerce: 2007
`Fabric car flags
`Class 025. First use: First Use: 1965 First Use In Commerce: 2005
`Clothing, namely, sweat shirts, fleece jackets, fleece pullovers, and fleece vests
`Class 028. First use: First Use: 2003 First Use In Commerce: 2007
`Christmas tree ornaments
`
`Attachments
`
`73283048#TMSN.png( bytes )
`73746644#TMSN.png( bytes )
`74339401#TMSN.png( bytes )
`76240047#TMSN.png( bytes )
`78642399#TMSN.png( bytes )
`78642401#TMSN.png( bytes )
`77855157#TMSN.png( bytes )
`Notice of Opposition LA and Design 97926098.pdf(137919 bytes )
`
`Signature
`Name
`Date
`
`/Erin S. Hennessy/
`ERIN S. HENNESSY
`08/27/2024
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In re Application Serial No. 97926098
`Filed: May 8, 2023
`
`(LA & Design)
`For Mark:
`Published in the Official Gazette: April 30, 2024
`
`
` -
`
`
`
`v.
`
`NEVERDAL TOM,
`
` - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X
`LOS ANGELES DODGERS LLC,
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`:
`- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X
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`
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`
`
`Opposition No.
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer,
`
`Applicant.
`
`
`
`Commissioner for Trademarks
`Attn: Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`Opposer, Los Angeles Dodgers LLC, a Delaware limited liability company with offices
`
`at Dodger Stadium, 1000 Vin Scully Avenue, Los Angeles, California 90012 (the “Opposer”)
`
`believes that it will be damaged by the registration of the mark
`
` (LA & Design)
`
`(“Applicant’s Mark”) for “Pants; Shirts; Sweaters; Skull caps” in International Class 25
`
`(“Applicant’s Goods”) as shown in Application Serial No. 97926098 (the “Application”), and
`
`having been granted an extension of time to oppose the Application up to and including August
`
`28, 2024, hereby opposes the same.
`
`As grounds for opposition, it is alleged that:
`
`
`
`

`

`
`
`1.
`
`Since long prior to May 8, 2023, Applicant’s constructive date of first use,
`
`Opposer, its predecessors, and their affiliated and related entities, licensees and/or sponsors have
`
`used the letters “LA,” including, without limitation, in the following distinctive interlocking
`
`stylized forms:
`
`,
`
`, and
`
` either alone or with other word, letter and/or design
`
`elements (“Opposer’s LA Marks”), in connection with baseball games and exhibition services
`
`and a wide variety of goods and other services, including, without limitation, a broad array of
`
`clothing, namely, t-shirts, sweatshirts, jackets, caps, hats, socks, footwear, athletic uniforms, and
`
`jerseys; as well as toys, jewelry, paper goods and printed matter, and novelty items.
`
`2.
`
`Opposer owns U.S. federal registrations for Opposer’s LA Marks in International
`
`Classes 6, 9, 14, 16, 18, 21, 24, 25, 28 and 41; namely, Registration Nos. 1226725, 1532657,
`
`1858662, 2512741, 3370319, 3370320, and 4615500; all of which are incontestable.
`
`3.
`
`Since long prior to May 8, 2023, Applicant’s constructive date of first use,
`
`Opposer and its predecessors, and their affiliated and related entities, licensees and/or sponsors
`
`have promoted and advertised the sale and/or distribution of goods bearing and services offered
`
`in connection with Opposer’s LA Marks, including, but not limited to, baseball games and
`
`exhibition services and a wide variety of goods and other services, including, without limitation,
`
`a broad array of clothing, namely, t-shirts, sweatshirts, jackets, caps, hats, socks, footwear,
`
`athletic uniforms, and jerseys; as well as toys, jewelry, paper goods and printed matter, and
`
`novelty items, and have sold or distributed such goods and rendered such services in commerce.
`
`4.
`
`As a result of the extensive sales, advertising and promotion of its goods bearing
`
`and services offered in connection with Opposer’s LA Marks, Opposer’s LA Marks have
`
`achieved widespread recognition and fame and have become an integral part of Opposer’s
`
`2
`
`
`
`
`

`

`
`
`identity. Opposer has built up highly valuable goodwill in Opposer’s LA Marks and said
`
`goodwill has become closely and uniquely identified and associated with Opposer.
`
`5.
`
`On May 8, 2023, Applicant filed the Application for Applicant’s Mark covering
`
`Applicant’s Goods in International Class 25 on an intent to use basis.
`
`6.
`
`Upon information and belief, Applicant did not use Applicant’s Mark for
`
`Applicant’s Goods in United States commerce prior to its constructive date of first use of May 8,
`
`2023.
`
`7.
`
`Upon information and belief, Applicant was aware of Opposer’s LA Marks at the
`
`time it filed the Application.
`
`8.
`
`Applicant’s address is in Newhall, California which is located approximately 32
`
`miles from Los Angeles, California, home of Opposer.
`
`9.
`
`Applicant’s Mark consists of the stylized capital letters “LA” depicted in an
`
`interlocking stylization shown here
`
`, similar to the interlocking manner featured in
`
`Opposer’s LA Marks shown here:
`
` (i.e., the horizontal base of the letter “L” intersects and
`
`forms the horizontal plane of the letter “A” which is depicted on a lower level than the “L”).
`
`10.
`
`11.
`
`Therefore, Applicant’s Mark is highly similar to certain of Opposer’s LA Marks.
`
`Applicant’s Goods covered by the Application are identical and/or closely related
`
`to the goods offered and services rendered in connection with Opposer’s LA Marks.
`
`12.
`
`Applicant’s Mark so resembles Opposer’s LA Marks as to be likely, when used in
`
`connection with Applicant’s Goods, to cause confusion, to cause mistake, and to deceive the
`
`trade and public, who are likely to believe that Applicant’s Goods have their origin with Opposer
`
`and/or that such goods are approved, endorsed, or sponsored by Opposer or associated in some
`
`3
`
`
`
`
`

`

`
`
`way with Opposer. Opposer would thereby be injured by the granting to Applicant of a
`
`certificate of registration for Applicant’s Mark.
`
`13.
`
`Opposer would be further injured by the granting of a certificate of registration to
`
`Applicant because Applicant’s Mark, which is highly similar to certain of Opposer’s LA Marks,
`
`and which would point uniquely to Opposer when used in connection with the applied-for goods,
`
`would falsely suggest a connection between Applicant and Opposer where no connection or
`
`authorization from Opposer exists.
`
`14.
`
`Opposer’s LA Marks are distinctive and famous and were so long prior to May 8,
`
`2023, Applicant’s constructive date of first use. Accordingly, registration of Applicant’s Mark
`
`will also injure Opposer by causing a likelihood of dilution by tarnishment and dilution by
`
`blurring the distinctive quality of Opposer’s LA Marks, which are famous.
`
`WHEREFORE, Opposer believes that it will be damaged by the registration of
`
`Applicant’s Mark and requests that the opposition be sustained and said registration be denied.
`
`Please recognize as attorneys for Opposer in this proceeding Erin S. Hennessy and Annie
`
`Allison (members in good standing of the bar of the State of New York) and the firm Haynes and
`
`Boone LLP, 30 Rockefeller Plaza, 26th Floor, New York, NY 10112.
`
`Please address all communications to Erin S. Hennessy, Esq. at the address listed below.
`
`Date: August 27, 2024
`
`
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`By:
`
`
`
`
`
`Respectfully submitted,
`
`HAYNES AND BOONE LLP
`
`/Erin S. Hennessy/
`Erin S. Hennessy
`Annie Allison
`30 Rockefeller Plaza, 26th Floor
`New York, NY 10112
`ATTORNEYS FOR OPPOSER
`LOS ANGELES DODGERS LLC
`
`4
`
`
`
`
`

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