ESTTA Tracking number:
`
`ESTTA1402733
`
`Filing date:
`
`12/17/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91294278
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`I Love Daiquiris LLC
`
`STEVEN BROWN
`I LOVE DAIQUIRIS LLC
`PO BOX 200575
`ARLINGTON, TX 76006
`UNITED STATES
`Primary email: stevenearlbrown@gmail.com
`Secondary email(s): info@ilovedaiquiris.com
`817-714-9285
`
`Answer
`
`Steven Brown
`
`stevenearlbrown@gmail.com, info@ilovedaiquiris.com
`
`/STEVEN BROWN/
`
`12/17/2024
`
`Attachments
`
`Answer to Notice of Opposition.pdf(1340648 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`TRADEMARKTRIAL AND APPEAL BOARD
`
`BODEGAS CARA S.A
`
`Opposer,
`
`VS.
`
`| LOVE DAIQUIRIS LLC
`
`Applicant
`
`Proceeding No. 91294278
`
`ANSWER
`
`APPLICANT’S ANSWER TO NOTICE OF OPPOSITION—_—eahsANSWER
`TUNOTICEOFOPPOSITION
`
`In response to the Notice of Opposition filed in this matter, Applicant responds and
`
`answersas follows:
`
`Answering paragraph 1 of the Notice of Opposition, Applicant admits the allegations
`
`thereof.
`
`Answering paragraph2 of the Notice of Opposition, Applicant admits the allegations
`
`thereof.
`
`Answering paragraph 3 of the Notice of Opposition, Applicant admits the allegations
`
`thereof.
`
`Answering paragraph4 of the Notice of Opposition, Applicant admits the allegations
`
`thereof.
`
`Answering paragraph 5 ofthe Notice of Opposition, Applicant admits the allegations
`
`thereof.
`
`Answering paragraph 6 of the Notice of Opposition, Applicant denies each and ever
`
`allegation contained therein.
`
`ANSWER - 1
`
`

`

`_
`
`Answering paragraph7 of the Notice of Opposition, Applicant denies each and ever
`
`allegation contained therein.
`
`Answering paragraph 8 ofthe Notice of Opposition, Applicant denies each and ever
`
`allegation contained therein.
`
`Answering paragraph9of the Notice of Opposition, Applicant denies each and ever
`
`allegation contained therein.
`
`Affirmative Defenses
`
`In further answer to the Notice, the Applicant asserts that:
`
`First Affirmative Defense
`
`10.
`
`The Applicant’s ARUMBA markand the pleaded ARUMA markof Opposerare not
`
`confusingly similar. Any similarity, if at all, between Applicant’s mark and the
`
`pleaded mark of Opposeris in the portion “ARUM”of both marks. The “BA” sound
`
`in the Applicant’s ARUMBA markis very different from the “A” sound in the
`
`Opposer’s ARUMA mark. The Applicant’s ARUMBA product is made with added rum
`
`flavoring.
`
`It is pronounced A-RUM-BA,to denote the rum flavoring. Per the
`
`Opposer, the ARUMAproduct is a Quechua Indian word meaning the “night”.
`
`It is
`
`pronouncedeither “A-RU-MA”, “AR-U-MA”, “ARU-MA”, or “A-RUM-A”. None of
`
`these pronunciations are similar in sound to Applicant’s product. Purchasers of
`
`goodssold along with the relevant marks are careful and sophisticated, thus making
`
`the likelihood of confusion, mistake or deception highly unlikely amongst potential
`
`overlapping consumers.
`
`Second Affirmative Defense
`
`Ot
`
`The Applicant’s ARUMBAproductis a “colorless” product made from oranges.It is
`
`ANSWER - 2
`
`packagedin 5-gallon cardboard boxesor 4-liter plastic bottles. The Opposer’s
`
`

`

`ry
`
`Itis packaged in 750ml
`ARUMAproductis a “dark red” product madefrom grapes.
`glass bottles. Consumers would not confuse or conclude the parties’ products share
`
`a common sourceor affiliation or connection.
`
`Third Affirmative Defense
`
`12. The Applicant’s ARUMBAproductis a “Other Than Standard Orange Wine” with
`
`addedartificial rum flavoring.
`
`It is used as a neutral tasting base for daiquiri and
`
`margarita type cocktails.
`
`It is in Class 33 of USPTO.
`
`It is correctly described as a
`
`“wine-based cocktail”. The Opposer’s ARUMAproductis a Malbec wine. This is a
`
`mediumtofull-bodied “red wine”.
`
`It is in Class 33 of USPTO. It is incorrectly
`
`described as a “wine”. The correct description being “Red Wine”. Asa result, the
`
`goods covered by the Applicantare notrelated to those of the Opposer and would
`
`not lead to any likelihood of confusion.
`
`Relief Requested
`
`WHEREFORE,the Applicant asks that this Opposition proceeding be dismissed forthwith.
`
`Dated this 12/17/2024
`
`
`
`Steven Brown (Owner)
`
`24
`
`26
`
`26
`
`ANSWER - 3
`
`

`

`CERTIFICATE OF SERVICE
`
`Opposition No. 91294278
`
`| herebycertify that a true and complete copyof the foregoing “APPLICANT’S ANSWER TO
`NOTICE OF OPPOSITION”has beenserved on “BODEGASCARAS.A’. by forwarding said
`copy on December 17, 2024, via email to: tmip@drm.com.
`
`Signature Stier (Vlonn
`
`Date
`
`(1L- (7 -14
`
`

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