ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1422020
`03/17/2025
`
`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
`
`L.A. DESSERTS, INC.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`03/15/2025
`
`113 NORTH ROBERTSON
`LOS ANGELES, CA 90048
`UNITED STATES
`
`ELEANOR MARTINE LACKMAN
`MITCHELL SILBERBERG & KNUPP LLP
`437 MADISON AVENUE, 25TH FLOOR
`NEW YORK, NY 10022
`UNITED STATES
`Primary email: eml@msk.com
`212-509-3900
`
`Docket no.
`
`25542-00011
`
`Applicant information
`
`Application no.
`
`98604937
`
`Opposition filing
`date
`
`Applicant
`
`03/17/2025
`
`65 Wall Holdings, LLC
`65 WALL STREET
`HUNTINGTON, NY 11743
`United States
`
`Goods/services affected by opposition
`
`Publication date
`
`01/14/2025
`
`Opposition period
`ends
`
`03/15/2025
`
`Class 043. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Restaurant services
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`2263873
`
`Register
`
`Principal
`
`Registration date
`
`07/27/1999
`
`Word mark
`
`THE IVY
`
`Application date
`
`07/06/1995
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Class 025. First use: First Use: 1984 First Use In Commerce: 1984
`clothing, namely, T-shirts sold at five restaurants/adjoining gift shops owned by
`applicant
`
`U.S. registration
`no.
`
`2152196
`
`Register
`
`Principal
`
`Registration date
`
`04/21/1998
`
`Word mark
`
`Design mark
`
`IVY AT THE SHORE
`
`Application date
`
`03/10/1997
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 021. First use: First Use: Jun 1985 First Use In Commerce: Jun 1985
`pottery dishes, namely, serving platters, plates, cups, mugs, saucers and bowls,
`and serving pieces in the nature of casseroles, buckets, pitchers, jugs, teapots
`not of precious metal, coffee pots not of precious metal, sugar bowls and cake
`stands which are sold from applicant's restaurant locations and gift shops ad-
`joining its restaurant
`
`U.S. registration
`no.
`
`2172558
`
`Register
`
`Principal
`
`Registration date
`
`07/14/1998
`
`Word mark
`
`THE IVY
`
`Application date
`
`03/10/1997
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Class 021. First use: First Use: 1983 First Use In Commerce: 1983
`pottery dishes, namely, serving platters, plates, cups, mugs, saucers and bowls,
`and serving pieces in the nature of casseroles, buckets, pitchers, jugs, teapots
`not of precious metal, coffee pots not of precious metal, sugar bowls and cake
`stands which are sold from applicant's restaurant locations and gift shops ad-
`joining its restaurant
`
`U.S. registration
`no.
`
`3768655
`
`Register
`
`Principal
`
`Registration date
`
`03/30/2010
`
`Word mark
`
`Design mark
`
`THE IVY BAKERY
`
`Application date
`
`11/05/2008
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 025. First use: First Use: Nov 2007 First Use In Commerce: Nov 2007
`[ Clothing, namely, t-shirts, shirts, sweat shirts, sweat pants, jackets and hats ]
`Class 035. First use: First Use: Nov 2007 First Use In Commerce: Nov 2007
`Retail bakery shops
`
`U.S. registration
`no.
`
`3768656
`
`Register
`
`Principal
`
`Registration date
`
`03/30/2010
`
`Application date
`
`11/05/2008
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`DOLCE ISOLA THE IVY BAKERY
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of an artistic map of an island with the wording "DOLCE
`ISOLA" along the island, a banner with the wording "THE IVY BAKERY" below
`the island with a mermaid holding it and a compass to the left of the banner, with
`fish and isolated points of interest noted in the ocean along the island and points
`of interest on the northeast side of the island noted.
`
`Class 025. First use: First Use: Nov 2007 First Use In Commerce: Nov 2007
`[Clothing, namely, t-shirts, shirts, sweat shirts, sweat pants, jackets and hats]
`Class 035. First use: First Use: Nov 2007 First Use In Commerce: Nov 2007
`Retail bakery shops
`
`U.S. registration
`no.
`
`1982547
`
`Register
`
`Principal
`
`Registration date
`
`06/25/1996
`
`Word mark
`
`Design mark
`
`THE IVY
`
`Application date
`
`07/06/1995
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Class 042. First use: First Use: Apr 1980 First Use In Commerce: Apr 1, 1980
`restaurant services
`
`U.S. registration
`no.
`
`1984065
`
`Register
`
`Principal
`
`Registration date
`
`07/02/1996
`
`Word mark
`
`IVY AT THE SHORE
`
`Application date
`
`07/06/1995
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Related proceed-
`ings
`
`Attachments
`
`Class 042. First use: First Use: Jun 1985 First Use In Commerce: Jun 1985
`restaurant services
`
`L.A. Desserts, Inc. v. 65 Wall Holdings, LLC, 2:24-cv-08532-SIL (E.D.N.Y.)
`
`74698102#TMSN.png( bytes )
`75254006#TMSN.png( bytes )
`75254007#TMSN.png( bytes )
`77608042#TMSN.png( bytes )
`77608109#TMSN.png( bytes )
`74698103#TMSN.png( bytes )
`74698106#TMSN.png( bytes )
`Notice of Opposition - MEET ME AT THE IVY - FINAL.pdf(94814 bytes )
`NOO Exhibit 1.pdf(67844 bytes )
`NOO Exhibit 2.pdf(568618 bytes )
`NOO Exhibit 3.pdf(68038 bytes )
`NOO Exhibit 4.pdf(722809 bytes )
`NOO Exhibit 5.pdf(81432 bytes )
`NOO Exhibit 6.pdf(51434 bytes )
`NOO Exhibit 7.pdf(76925 bytes )
`
`Signature
`
`/Eleanor M. Lackman/
`
`Name
`
`Date
`
`Eleanor M. Lackman
`
`03/17/2025
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Trademark Application:
`
`Serial No.:
`Applicant:
`Mark:
`Filed:
`
`
`98/604,937
`65 Wall Holdings, LLC
`MEET ME AT THE IVY
`June 17, 2024
`
`
`
`
`Opposition No.: ____________
`
`
`
`
`
`- against -
`
`
`
`
`
`
`L.A. DESSERTS, INC.,
`
`
`
`
`
`65 WALL HOLDINGS, LLC,
`
`
`
`
`
`
`
`
`Opposer,
`
`Applicant.
`
`
`
`NOTICE OF OPPOSITION
`
`Opposer L.A. Desserts, Inc. (“LAD” or “Opposer”), a California corporation with its
`
`principal place of business located at 113 North Robertson, Los Angeles, California 90048,
`
`believes that it will be damaged by the registration of the above-identified Application Serial No.
`
`98/604,937 (“Application”), applied for by Applicant 65 Wall Holdings, LLC (“Applicant”), and
`
`hereby opposes same in this Notice of Opposition. The grounds for opposition are as follows:
`
`1.
`
`Since opening in 1980, Opposer’s “The Ivy” has become a world-famous Los
`
`Angeles-area restaurant known throughout the United States and beyond for its food, ambiance,
`
`and its notoriety as a go-to hot-spot in the Los Angeles culinary scene. The Ivy’s flagship location
`
`has been a long-time favorite of Hollywood stars and executives in the entertainment industry, as
`
`well as locals and tourists alike, and the restaurant has been the subject of extensive media
`
`coverage throughout the years. Its multiple locations offer full service, all-day menus for breakfast,
`
`
`
`

`

`lunch, dinner, dessert, and drinks that feature a variety of upscale, contemporary, and regional
`
`dishes and cuisines.
`
`2.
`
`Throughout its roughly 45-year existence, Opposer has used and developed a
`
`family of “The Ivy” marks, in which Opposer has developed substantial goodwill and public
`
`recognition. The relevant consuming public readily identifies and associates THE IVY with
`
`Opposer and/or goods and services emanating exclusively from, or sponsored, endorsed, or
`
`approved by, Opposer.
`
`3.
`
`To protect its valuable name and brand, Opposer has obtained multiple federal
`
`trademark registrations for its marks (the “IVY” Marks), including the registrations identified in
`
`the chart below (collectively, the “Registrations”).1
`
`Trademark
`
`THE IVY
`
`Reg. No. /
`Date
`
`Goods and Services / First Use Date
`
`1,982,547
`June 25, 1996
`
`Class 42: Restaurant services (first used
`in commerce on Apr. 1, 1980)
`
`THE IVY BAKERY
`
`3,768,655
`Mar. 30, 2010
`
`Class 35: Retail bakery shops (first used
`in commerce in Nov. 2007)
`
`IVY AT THE SHORE
`
`1,984,065
`July 2, 1996
`
`Class 42: Restaurant services (first used
`in commerce in June 1985)
`
`3,768,656
`Mar. 30, 2010
`
`Class 35: Retail bakery shops (first used
`in commerce in Nov. 2007)
`
`THE IVY
`
`
`
`2,172,558
`July 14, 1998
`
`Class 21: Pottery dishes, namely, serving
`platters, plates, cups, mugs, saucers and
`bowls, and serving pieces in the nature of
`casseroles, buckets, pitchers, jugs,
`teapots not of precious metal, coffee pots
`
`
`1 Attached hereto as Exhibits 1-7 are true and correct copies of the foregoing registration certificates with
`records of their current status and title obtained from the United States Patent and Trademark Office’s
`(“USPTO”) Trademark Status & Document Retrieval (“TSDR”) database.
`
`2
`
`

`

`not of precious metal, sugar bowls and
`cake stands which are sold from
`applicant's restaurant locations and gift
`shops adjoining its restaurant (first used
`in commerce in 1983)
`
`THE IVY
`
`2,263,873
`July 27, 1999
`
`Class 25: Clothing, namely, T-shirts sold
`at five restaurants/adjoining gift shops
`owned by applicant (first used in
`commerce in 1984)
`
`IVY AT THE SHORE
`
`2,152,196
`Apr. 21, 1998
`
`Class 21: Pottery dishes, namely, serving
`platters, plates, cups, mugs, saucers and
`bowls, and serving pieces in the nature of
`casseroles, buckets, pitchers, jugs,
`teapots not of precious metal, coffee pots
`not of precious metal, sugar bowls and
`cake stands which are sold from
`applicant's restaurant locations and gift
`shops adjoining its restaurant (first used
`in commerce in June 1985)
`
`4.
`
`All of Opposer’s Registrations are valid, subsisting, unrevoked, and uncancelled,
`
`and have achieved incontestable status.
`
`5.
`
`Upon information and belief, Applicant is a New York Limited Liability Company
`
`with its principal place of business located at 65 Wall St., Huntington, New York 11743.
`
`6.
`
`On June 17, 2024, Applicant filed Application Serial No. 98/604,937, based on
`
`Section 1(b) of the Lanham Act, 15 U.S.C. § 1051(b), to register the word mark MEET ME AT
`
`THE IVY (“Applicant’s Mark”) in Class 43 for the restaurant services.
`
`COUNT I – LIKELIHOOD OF CONFUSION
`Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d)
`
`Opposer incorporates by reference the allegations in each of the preceding
`
`7.
`
`paragraphs as if fully set forth herein.
`
`8.
`
`Opposer’s registered rights in the IVY Marks predate any rights that may be
`
`asserted or relied upon by Applicant in connection with Applicant’s Mark. Opposer commenced
`
`3
`
`

`

`use in commerce of the IVY Marks, and obtained all of its above-listed Registrations before the
`
`filing date of the Application (i.e., June 17, 2024), which is the earliest date on which Applicant
`
`may rely.
`
`9.
`
`Applicant’s Mark—MEET ME AT THE IVY—contains the identical term “THE
`
`IVY,” which is the most dominant part of such Mark. The phrase invites the consumer to come to
`
`a restaurant called “The Ivy.” However, “The Ivy” is well-known to be the name of Opposer’s
`
`restaurant as well as the core portion of all of the IVY Marks. Moreover, Applicant’s Mark is
`
`highly similar in appearance, sound, and commercial impression to Opposer’s other Marks, all of
`
`which prominently feature “THE IVY” in conjunction with restaurant and related goods and
`
`services.
`
`10. Opposer has not licensed, sponsored, or otherwise authorized Applicant to use
`
`and/or register Opposer’s IVY Marks (or any other of Opposer’s trademarks) in any manner.
`
`Indeed, on December 14, 2024, Opposer filed a lawsuit in the U.S. District Court for the Eastern
`
`District of New York that includes a cause of action for trademark infringement and seeks
`
`expungement of Applicant’s Mark. Applicant has defaulted in such lawsuit.
`
`11. Applicant’s Mark so resembles Opposer’s IVY Marks as to be likely, when used in
`
`conjunction with the services identified in Applicant’s Application, to cause confusion, cause
`
`mistake, or to deceive consumers into believing that the services that Applicant intends to offer
`
`under Applicant’s Mark originate from and/or are endorsed, sponsored, or approved by or
`
`otherwise associated with Opposer, with consequent injury to Opposer and the consuming public.
`
`12. Accordingly, registration of Applicant’s Mark should be denied based on a
`
`likelihood of confusion with Opposer’s IVY Marks, in violation of Section 2(d) of the Lanham
`
`Act, 15 U.S.C. § 1052(d).
`
`4
`
`

`

`WHEREFORE, Opposer respectfully requests that its opposition to Application Serial No.
`
`98/604,937 be sustained and that registration to Applicant be refused, and that the Trademark Trial
`
`and Appeal Board grant any and all further relief to Opposer that the Board finds just and proper.
`
`The Commissioner is authorized to charge fees for the Notice of Opposition and any
`
`additional required fees to the undersigned counsel’s Deposit Account No. 604621.
`
`Please recognize Eleanor M. Lackman and Andrew Nietes, members of the Bar of the State
`
`of New York and attorney at the law firm of Mitchell, Silberberg & Knupp LLP, located at 437
`
`Madison Avenue, 25th Floor, New York, New York 10022, as counsel for Opposer.
`
`
`
`
`
`Dated: New York, New York
`
`March 17, 2025
`
`
`
`
`
`
`Respectfully submitted,
`
`MITCHELL SILBERBERG & KNUPP LLP
`
`By:
`
`/Eleanor M. Lackman/
`Eleanor M. Lackman
`Andrew Nietes
`437 Madison Avenue, 25th Floor
`New York, New York 10022
`Tel: (212) 509-3900
`Fax: (212) 509-7239
`eml@msk.com
`
`Counsel for Opposer L.A. Desserts, Inc.
`
`
`
`5
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 1
`Exhibit 1
`
`

`

`Int. Cl.: 42
`
`Prior U.S. Cls.: 100 and 101
`
`United States Patent and Trademark Office
`
`Reg. No. 1,982,547
`Registered June 25, 1996
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`THE IVY
`
`(CALIFORNIA CORPO.
`INC.
`L.A. DESSERTS,
`RATION)
`113 NORTH ROBERTSON
`9004
`OS ANGELES, CA
`Li
`Ni
`»
`CA
`8
`FOR: RESTAURANT SERVICES,
`42 (U.S. CLS. 100 AND 101).
`
`IN CLASS
`
`40-1980;
`
`FIRST USE
`4-1-1980.
`SER. NO. 74-698,103, FILED 7-6-1995.
`
`IN COMMERCE
`
`MATTHEW KLINE, EXAMINING ATTORNEY
`
`

`

`Generated on: This page was generated by TSDR on 2025-03-17 10:44:52 EDT
`
`Mark: THE IVY
`
`US Serial Number: 74698103
`
`US Registration
`Number:
`
`1982547
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Jul. 06, 1995
`
`Registration Date: Jun. 25, 1996
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Aug. 07, 2016
`
`Publication Date:Apr. 02, 1996
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`THE IVY
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: restaurant services
`
`International
`Class(es):
`
`042 - Primary Class
`
`Class Status: ACTIVE
`
`First Use: Apr. 1980
`
`U.S Class(es): 100, 101
`
`Use in Commerce: Apr. 01, 1980
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: L.A. DESSERTS, INC.
`
`Owner Address: 113 North Robertson
`Los Angeles, CALIFORNIA UNITED STATES 90048
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`

`

`Proceeding
`Number
`
`Attorney/Correspondence Information
`
`Attorney Name: Eleanor M. Lackman
`
`Docket Number: 25542-00021
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademark@msk.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Eleanor M. Lackman
`Mitchell Silberberg & Knupp LLP
`437 Madison Avenue, 25th Floor
`New York, NEW YORK United States 10022
`
`Phone: 212-509-3900
`
`Fax: 212-509-7239
`
`Correspondent e-
`mail:
`
`trademark@msk.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jul. 24, 2024
`
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`
`Jul. 24, 2024
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jul. 24, 2024
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 24, 2024
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Jul. 24, 2024
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Jul. 24, 2024
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Feb. 26, 2019
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 07, 2016
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - MAILED
`
`Aug. 07, 2016
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`Aug. 07, 2016
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Aug. 07, 2016
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`May 18, 2016
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Jun. 11, 2007
`
`CASE FILE IN TICRS
`
`Sep. 02, 2006
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Sep. 02, 2006
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Aug. 31, 2006
`
`ASSIGNED TO PARALEGAL
`
`Jun. 06, 2006
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Jun. 06, 2006
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Mar. 18, 2003
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Dec. 27, 2002
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`Dec. 27, 2002
`
`PAPER RECEIVED
`
`Jun. 25, 1996
`
`REGISTERED-PRINCIPAL REGISTER
`
`Apr. 02, 1996
`
`PUBLISHED FOR OPPOSITION
`
`Mar. 01, 1996
`
`NOTICE OF PUBLICATION
`
`Jan. 26, 1996
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jan. 17, 1996
`
`ASSIGNED TO EXAMINER
`
`Jan. 17, 1996
`
`ASSIGNED TO EXAMINER
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Aug. 07, 2016
`
`

`

`Exhibit 2
`Exhibit 2
`
`

`

`ited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`THE IVY BAKERY
`
`
`Reg. No. 3,768,655 1.4. DESSERTS, INC. (CALIFORNIA CORPORATION)
`Registered Mar. 30,2010 113 NORTH ROBERTSON BOULEVARD
`LOS ANGELES, CA 90048
`
`
`
`
`Int. Cls.: 25 and 35 For: CLOTHING, NAMELY, T-SHIRTS, SHIRTS, SWEAT SHIRTS, SWEAT PANTS, JACKETS
`AND ITATS, IN CLASS 25 (U.S. CLS. 22 AND 39).
`
`TRADEMARK girst USE 11-0-2007; IN COMMERCE11-0-2007.
`SERVICE MARK
`
`PRINCIPAL REGISTER FOR: RETAIL BAKERY SHOPS, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).
`
`FIRST USE 11-0-2007; IN COMMERCE11-0-2007.
`
`
`
`
`THE MARK CONSISTS OF SEANDARD CHARACTERS WITHOUT CLAIM ‘TO ANY PAR-
`TICULAR FONT, STYLE, SIZE, OR COLOR.
`
`
`
`
`OWNEROF USS. REG. NOS. 1,982,547 AND 2,263,873.
`
`NO CLAIMIS MADE TO THE EXCLUSIVE RIGHT TO USE "BAKERY" FOR INTERNATION-
`AL CLASS 035, APART FROM THE MARK AS SHOWN.
`
`SN 77-608.042, FILED 11-5-2008.
`
`SANDRA BUJA, EXAMINING ATTORNEY
`
`
`
`
`
`Director ofthe United States Patent and ‘l'sademarkOffice
`
`

`

`Generated on: This page was generated by TSDR on 2025-03-17 10:46:44 EDT
`
`Mark: THE IVY BAKERY
`
`US Serial Number: 77608042
`
`US Registration
`Number:
`
`3768655
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Nov. 05, 2008
`
`Registration Date: Mar. 30, 2010
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: May 19, 2020
`
`Publication Date:Apr. 28, 2009Notice of Allowance Date:Jul. 21, 2009
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`THE IVY BAKERY
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Disclaimer: "BAKERY" FOR INTERNATIONAL CLASS 035
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`2263873, 1982547
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: [ Clothing, namely, t-shirts, shirts, sweat shirts, sweat pants, jackets and hats ]
`
`International
`Class(es):
`
`025 - Primary Class
`
`Class Status: SECTION 8 - CANCELLED
`
`U.S Class(es): 022, 039
`
`First Use: Nov. 2007
`
`Use in Commerce: Nov. 2007
`
`For: Retail bakery shops
`
`International
`Class(es):
`
`035 - Primary Class
`
`Class Status: ACTIVE
`
`First Use: Nov. 2007
`
`U.S Class(es): 100, 101, 102
`
`Use in Commerce: Nov. 2007
`
`Basis Information (Case Level)
`
`Filed Use: No
`
`Currently Use: Yes
`
`

`

`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: L.A. Desserts, Inc.
`
`Owner Address: 113 North Robertson
`Los Angeles, CALIFORNIA UNITED STATES 90048
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Attorney/Correspondence Information
`
`Attorney Name: Eleanor M. Lackman
`
`Docket Number: 25542-00047
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademark@msk.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Eleanor M. Lackman
`Mitchell Silberberg & Knupp LLP
`437 Madison Avenue, 25th Floor
`New York, NEW YORK United States 10022
`
`Phone: 212-509-3900
`
`Fax: 212-509-7239
`
`Correspondent e-
`mail:
`
`trademark@msk.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jul. 24, 2024
`
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`
`Jul. 24, 2024
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jul. 24, 2024
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 24, 2024
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Jul. 24, 2024
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Jul. 24, 2024
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`May 19, 2020
`
`NOTICE OF ACCEPTANCE OF SEC. 8 - E-MAILED
`
`May 19, 2020
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`May 19, 2020
`
`REGISTERED - SEC. 9 GRANTED/CHECK RECORD FOR SEC. 8
`
`May 19, 2020
`
`REGISTERED - PARTIAL SEC. 8 (10-YR) ACCEPTED
`
`May 19, 2020
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Mar. 12, 2020
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Mar. 30, 2019
`
`COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
`
`Feb. 26, 2019
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Apr. 27, 2016
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - MAILED
`
`Apr. 27, 2016
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Apr. 27, 2016
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`Feb. 25, 2016
`
`TEAS SECTION 8 & 15 RECEIVED
`
`Mar. 30, 2010
`
`REGISTERED-PRINCIPAL REGISTER
`
`Feb. 19, 2010
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`Feb. 19, 2010
`
`ASSIGNED TO LIE
`
`Feb. 17, 2010
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Feb. 16, 2010
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Proceeding
`Number
`
`

`

`Jan. 14, 2010
`
`USE AMENDMENT FILED
`
`Feb. 16, 2010
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Jan. 14, 2010
`
`TEAS STATEMENT OF USE RECEIVED
`
`Jul. 21, 2009
`
`NOA MAILED - SOU REQUIRED FROM APPLICANT
`
`Apr. 28, 2009
`
`PUBLISHED FOR OPPOSITION
`
`Apr. 08, 2009
`
`NOTICE OF PUBLICATION
`
`Mar. 27, 2009
`
`EXAMINERS AMENDMENT MAILED
`
`Mar. 26, 2009
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Mar. 26, 2009
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Mar. 26, 2009
`
`EXAMINER'S AMENDMENT ENTERED
`
`Mar. 26, 2009
`
`EXAMINERS AMENDMENT -WRITTEN
`
`Mar. 11, 2009
`
`AMENDMENT FROM APPLICANT ENTERED
`
`Mar. 11, 2009
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Mar. 10, 2009
`
`ASSIGNED TO LIE
`
`Mar. 09, 2009
`
`PAPER RECEIVED
`
`Feb. 13, 2009
`
`PRIORITY ACTION MAILED
`
`Feb. 12, 2009
`
`PRIORITY ACTION WRITTEN
`
`Feb. 05, 2009
`
`ASSIGNED TO EXAMINER
`
`Nov. 10, 2008
`
`NEW APPLICATION ENTERED
`TM Staff and Location Information
`
`Current Location: TMEG LAW OFFICE 104
`
`Date in Location: May 19, 2020
`
`TM Staff Information - None
`
`File Location
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 3
`Exhibit 3
`
`

`

`Int. Cl.: 42
`
`Prior U.S. Cls.: 100 and 101
`_
`.
`United States Patent and Trademark Office
`
`Reg. No. 1,984,065
`Registered July 2, 1996
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`IVY AT THE SHORE
`
`L.A. DESSERTS, INC. (CALIFORNIA CORPO-
`RATION)
`113 NORTH ROBERTSON
`LOS ANGELES, CA 90048
`FOR: RESTAURANT SERVICES,
`42 (U.S. CLS. 100 AND 101).
`
`IN CLASS
`
`FIRST USE
`6-0-1985.
`
`6-0-1985;
`
`IN COMMERCE
`
`SER. NO.74-698,106, FILED 7-6-1995.
`
`MATTHEW KLINE, EXAMINING ATTORNEY
`
`

`

`Generated on: This page was generated by TSDR on 2025-03-17 10:48:09 EDT
`
`Mark:
`
`IVY AT THE SHORE
`
`US Serial Number: 74698106
`
`US Registration
`Number:
`
`1984065
`
`Register: Principal
`
`Mark Type: Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Jul. 06, 1995
`
`Registration Date: Jul. 02, 1996
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: Aug. 01, 2016
`
`Publication Date:Apr. 09, 1996
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`IVY AT THE SHORE
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)
`
`Goods and Services
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: restaurant services
`
`International
`Class(es):
`
`042 - Primary Class
`
`Class Status: ACTIVE
`
`First Use: Jun. 1985
`
`U.S Class(es): 100, 101
`
`Use in Commerce: Jun. 1985
`
`Basis Information (Case Level)
`
`Filed Use: Yes
`
`Filed ITU: No
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: L.A. DESSERTS, INC.
`
`Owner Address: 113 North Robertson
`Los Angeles, CALIFORNIA UNITED STATES 90048
`
`

`

`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Attorney/Correspondence Information
`
`Attorney Name: Eleanor M. Lackman
`
`Docket Number: 25542-00027
`
`Attorney of Record
`
`Attorney Primary
`Email Address:
`
`trademark@msk.com
`
`Attorney Email
`Authorized:
`
`Yes
`
`Correspondent
`
`Correspondent
`Name/Address:
`
`Eleanor M. Lackman
`Mitchell Silberberg & Knupp LLP
`437 Madison Avenue, 25th Floor
`New York, NEW YORK United States 10022
`
`Phone: 212-509-3900
`
`Fax: 212-509-7239
`
`Correspondent e-
`mail:
`
`trademark@msk.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`Prosecution History
`
`Date
`
`Description
`
`Jul. 24, 2024
`
`TEAS WITHDRAWAL OF ATTORNEY RECEIVED-FIRM RETAINS
`
`Jul. 24, 2024
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Jul. 24, 2024
`
`ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED
`
`Jul. 24, 2024
`
`TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED
`
`Jul. 24, 2024
`
`APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED
`
`Jul. 24, 2024
`
`TEAS CHANGE OF OWNER ADDRESS RECEIVED
`
`Feb. 26, 2019
`
`TEAS CHANGE OF CORRESPONDENCE RECEIVED
`
`Aug. 01, 2016
`
`NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - MAILED
`
`Aug. 01, 2016
`
`REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS)
`
`Aug. 01, 2016
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Jul. 23, 2016
`
`CASE ASSIGNED TO POST REGISTRATION PARALEGAL
`
`May 05, 2016
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Jun. 12, 2007
`
`CASE FILE IN TICRS
`
`Sep. 02, 2006
`
`REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS)
`
`Sep. 02, 2006
`
`REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED
`
`Aug. 31, 2006
`
`ASSIGNED TO PARALEGAL
`
`Jun. 06, 2006
`
`REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED
`
`Jun. 06, 2006
`
`TEAS SECTION 8 & 9 RECEIVED
`
`Mar. 18, 2003
`
`REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK.
`
`Dec. 27, 2002
`
`REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED
`
`Dec. 27, 2002
`
`PAPER RECEIVED
`
`Jul. 02, 1996
`
`REGISTERED-PRINCIPAL REGISTER
`
`Apr. 09, 1996
`
`PUBLISHED FOR OPPOSITION
`
`Mar. 08, 1996
`
`NOTICE OF PUBLICATION
`
`Jan. 26, 1996
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jan. 16, 1996
`
`ASSIGNED TO EXAMINER
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: GENERIC WEB UPDATE
`
`Date in Location: Aug. 01, 2016
`
`Proceeding
`Number
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 4
`Exhibit 4
`
`

`

`qanited States of Amery,
`Antted States Patent and Trademark Office
`lly
`
`
`
`Reg. No. 3,768,656 L.A. DI ESSERTS, INC. (CALIFORNIA CORPORATION)
`Registered Mar. 30,2010 113 NORTII ROBERTSON BOULEVARD
`LOS ANGELES, CA 90048
`
`
`
`
`Int. Cls.: 25 and 35 For: CLOTHING, NAMELY, T-SHIRTS, SHIRTS, SWEAT SHIRTS, SWEAT PANTS,JACKETS
`AND HATS, IN CLASS 25 (U.S. CLS. 22 AND 39).
`
`TRADEMARKgipstUSE 11-0-2007; IN COMMERCE11-0-2007.
`SERVICE MARK
`PRINCIPAL REGISTER FOR: RETAIL BAKERY SHOPS, IN CLASS 35 (U.S. CLS. 100, 101 AND 102).
`
`
`
`FIRST USE 11-0-2007; IN COMMERCE 11-0-2007.
`
`
`
`OWN! ER OF U.S. REG. NOS. 1,982,547 AND 2,263,873.
`
`SIVE RIGHT TO USE "BAKERY" FOR INTERNATION-
`NO CLAIMIS MADE TO THE EXCLU
`AI, CLASS 035, APART FROM THE MARK AS SHOWN.
`
`
`
`
`
`HE WORD "DOLCE ISOLA" IN THE MARK IS "SWEET
`
`TUE MARK CONSISTS OF AN AR][ISTIC MAP OF AN ISLAND WITIT THE WORDING
`
`"DOLCE ISOLA" ALONG THE ISLAND, A BANNER WITH THE WORDING "THE IVY
`
`BAKERY" BELOW THE ISLAND WITH A MERMAID HOLDING IT AND A COMPASS TO
`
`
`
`INER, WITH
`THE EFT OF THE BA’
` FISH AND ISOLATED POINTS OF INTEREST NOTED
`
`
`
`
`
`IN THE OCEAN ALONG TH
`
`E ISLAND AND POINTS OF INTEREST ON THE NORTHEAST
`
`SIDE
`OF THE ISLAND NOTED.
`ENGLISH TRANSLATION OF T.
`Nb".
`
`
`
`
`
`
`
`
`Tr
`
`
`THE]
`
`ISLA
`
`SN 77-608.109, FILED 11-5-2008.
`
`SANDRA BUJA, EXAMINING ATTORNEY
`
`Director ofthe United States Patent and ‘l'sademarkOffice
`
`

`

`Generated on: This page was generated by TSDR on 2025-03-17 10:49:56 EDT
`
`Mark: DOLCE ISOLA THE IVY BAKERY
`
`US Serial Number: 77608109
`
`US Registration
`Number:
`
`3768656
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Nov. 05, 2008
`
`Registration Date: Mar. 30, 2010
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: The registration has been renewed.
`
`Status Date: May 19, 2020
`
`Publication Date:Apr. 28, 2009Notice of Allowance Date:Jul. 21, 2009
` 
`
`Mark Information
`
`Mark Literal
`Elements:
`
`DOLCE ISOLA THE IVY BAKERY
`
`Standard Character
`Claim:
`
`No
`
`Mark Drawing
`Type:
`
`Description of
`Mark:
`
`3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S) /NUMBER(S)
`
`The mark consists of an artistic map of an island with the wording "DOLCE ISOLA" along the island, a banner with the wording "THE
`IVY BAKERY" below the island with a mermaid holding it and a compass to the left of the banner, with fish and isolated points of
`interest noted in the ocean along the island and points of interest on the northeast side of the island noted.
`
`Color(s) Claimed: Color is not claimed as a feature of the mark.
`
`Disclaimer: "BAKERY" FOR INTERNATIONAL CLASS 035
`
`Translation: The English translation of the word "DOLCE ISOLA" in the mark is "SWEET ISLAND".
`
`Design Search
`Code(s):
`
`01.01.05 - Stars - one or more stars with seven or more points
`01.17.13 - Islands, maps of; Maps of islands
`03.19.25 - Angelfish; Bass fish; Catfish; Clown fish; Eels; Fish (common fish or not categorized elsewhere); Goldfish; Piranhas;
`Salmon; Tuna
`04.03.03 - Mermaids; Triton
`06.03.03 - Ocean; Ripples (multiple waves); Waves, open sea (multiple waves)
`10.03.03 - Parasols; Umbrellas
`17.07.05 - Compasses (directional); Directional compasses, including mariner's compasses and compass points
`24.09.07 - Advertising, banners; Banners
`26.01.02 - Circles, plain single line; Plain single line circles
`26.01.17 - Circles, two concentric; Concentric circles, two; Two concentric circles
`26.01.21 - Circles that are totally or partially shaded.
`26.11.21 - Rectangles that are completely or partially shaded
`
`Related Properties Information
`
`Claimed Ownership
`of US
`Registrations:
`
`2263873, 1982547
`
`Note:
`The following symbols indicate that the registrant/owner has amended the goods/services:
`
`Goods and Services
`
`

`

`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* ide