IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`o.c. SEACRETS, INC.,
`
`Petitioner,
`
`v.
`
`THE CORYN GROUP, rNc.,
`Respondent.
`
`)
`
`g
`
`)
`
`3
`3
`
`‘H’ A 3
`
`r] by D7'7 %
`
`Cancellation No. 92042854
`
`RESPONDENT'S NOTICE OF RELIANCE NO. 4
`
`ON PETITIONER'S ANSWERS TO INTERROGATORIES
`
`Respondent, The Coryn Group, Inc., in accordance with 2.120 (j) of the Trademark Rules
`
`of Practice, hereby gives notice of its reliance upon the following:
`
`Respondent’s Exhibit No. 8: Petitioner's Responses to Respondent's First Set of
`
`Interrogatories, Responses to Interrogatory Nos. 1(a)-(d); 2(a); 9; 17.
`
`Respondent’s Exhibit No. 9: Petitioner’s Second (February 2006) Supplemental
`
`Reponses to Respondent’s Second Set of Interrogatories to Petitioner (Nos. 1-7), Responses to
`
`Interrogatory Nos. 3, 4, 7.
`
`Respectfully submitted,
`
`HOLLAND & KNIGHT LLP
`
`By:
`
`,5?/fa ,
`
`.6,:7%,/4,
`
`Thomas P. Arden
`
`131 South Dearbom Street
`30”’ Floor
`
`Chicago, Illinois 60603
`(312) 715-5700
`Attorneys for Respondent
`
`03-05-2007
`
`
`
`“
`
`u.s. Patent 3. TMOfc/TM Mail Rcpt or
`
`1;
`
`

`

`CERTIFICATE OF MAILING AND SERVICE
`
`I hereby certify that copies of the foregoing RESPONDENT‘S NOTICE OF RELIANCE
`
`NO. 4 ON PETITIONER'S ANSWERS TO INTERROGATORIES and attached Responses to
`
`Interrogatories were deposited with the United States Postal Service as first class mail in an
`
`envelope addressed to Commissioner for Trademarks, Trademark Trial & Appeal Board, P.O.
`
`Box 1451, Alexandria, VA 22313-1451, and served upon Barth X. deRosa, Stevens Davis Miller
`
`Mosher LLP, 1615 L Street, N.W., Suite 850, Washington, D.C. 20036, by first class mail,
`
`postage prepaid, this 2d day of March, 2007.
`
`# 3946507_vl
`
`

`

`5836/00143-1
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`O.C. SEACRETS, INC.
`
`I-V.
`
`CORYN GROUP,
`
`Petitioner,
`«
`
`Respondent.
`
`
`CANCELLATION NO. 92042854
`Registration No. 2,772,061
`
`PETITIONER'S RESPONSES TO RESPONDENT’S
`FIRST SET OF INTERROGATORIES
`
`In response to Respondent's First Set of Interrogatories, under Rule 33 ofthe Federal Rules
`
`of Civil Procedure, Petitioner provides the following responses to Respondent's Interrogatories.
`
`*\
`
`GENERAL OBJECTIONS
`
`1.
`
`Petitioner objects to the various definitions offered by Respondent insofar ashsaid
`
`definitions are broader that what is required by the Federal Rules of Civil Procedure and the
`
`Trademark Rules of Practice
`
`2.
`
`Petitioner objects to the definition of document or documents to the extent the same
`
`is broader that the meaning of the term under Rule 34 of the Federal Rules of Civil Procedure and
`
`the Trademark Rules of Practice.
`
`A
`
`3.
`
`Petitioner objects to Respondent’s instructions insofar as said instructions place upon
`
`Petitioner duties above and beyond what is otherwise required by the Federal Rules of Civil
`
`Procedure and the Trademark Rules of Practice.
`
`4.
`
`Petitioner reserves the right to supplement these interrogatories as additional
`
`information becomes available.
`
`I- ‘I —I—*" T
`
`I
`
`‘T 2- “
`
`O.C. Seacrets v. Coryn
`Canc. No. 92042854
`
`Respondent's Exh. 8
`
`

`

`SPECIFIC OBIECTIONS
`
`5836/00143-1
`
`Interrogatory No. 11 a): Describe the present organizational structure or management chart"
`
`for the officers and executives of petitioner involved in the advertising, promotion, distribution,
`
`provision and sale of services or products under the mark SEACRETS.
`
`Response No. 11a 1: Insofar as this Interrogatory requests the present organizational structure
`
`or management chart for the officers and executivesof petitionerinvolved in the advertising,
`
`promotion, distribution, provision and sale of services or products under the mark SEACRETS,
`
`Petitioner objects ‘to this interrogatory because it is vague and ambiguous. Respondent must clarify
`
`what it is seeking. Subject to and without waiver of the foregoing objection, the organizational
`
`structure of Petitioner is as follows:
`
`

`

`
`
`‘ 5836/00143-1‘ 5836/00143-1
`
`

`

`Interrogatory No. lg b ): Identify those persons presently occupying the positions identified
`
`5836/00143-1
`
`in answer to Interrogatory 1(a) above
`
`Response No,‘ l(b ):
`
`i The persons presently occupying the positions identified in response
`
`toilnterrogatory No.'1(a) above, is as
`
`follows:
`
`Cwner / President
`
`Vice President
`
`Comptroller
`
`Leighton Wilson Moore, Jr.
`117 West 49th Street
`
`Ocean City, MD 21842
`
`‘
`
`Mary E. Handy
`- 9444 Morris Road
`Bishopville, MD 21813
`
`Gary L. Figgs
`12607 Whisper Trace Drive
`Ocean City, MD 21842
`
`General Managers
`
`Steven
`
`Rossi
`
`8802 Hunting Hound Road
`Berlin, MD 21811
`
`Scott P. Studds
`
`PO. Box 1585
`
`Ocean City, MD 21843
`
`Interrogatory No. 1; c 1: Describe the general areas of responsibility of each person named
`
`in answer to Interrogatory 1(b) above and state-the length of time each such person has had such .
`
`responsibility.
`
`Response No. 1(c): Insofar as this Interrogatory seeks information relating to "the general
`
`areas of responsibility of each person named in answer to Interrogatory l(b)" Petitioner objects to
`
`this Interrogatory on the grounds that it is overly broad and not reasonably calculated to lead to the
`
`discovery of admissible evidence because the general areas of responsibility of each such person
`
`_4_
`
`

`

`may include duties and obligations which are irrelevant to the issues in this case. Subject to and
`
`without waiver of the foregoing objections, the areas of responsibility of each person named in
`
`5836/00143-l
`
`answer to Interrogatory 1(b) are as follows:
`
`Owner / President —— Leighton W. Moore, Jr. 1 16 years)
`
`° '
`
`‘
`
`Original new ideas including but not limited t
`a)
`policy
`_
`'
`' b)
`construction
`c)
`promotion & advertising
`d)
`marketing
`
`-
`
`-
`
`M
`
`General oversight of:
`a)
`execution of all of the above
`b)
`hire & fire all upper level management
`
`Vice President — Mary Handy ( 16 years)
`
`a)
`
`b)
`c")
`
`Oversees all accounting including the tallying of all income sources —— the paying of
`all accounts payable and accounts receivable.
`.
`To assist the owner in all aspects of his job.
`Helps keep all departments within budget and works with Comptroller toward that
`end.
`'
`
`General Managers - Steven E. Rossi § 14 years) & Scott P. Studds )6 years)
`
`°
`
`Working as a team they:
`a)
`enforce policy
`b)
`oversee construction
`0)
`help execute promotions, advertising, and marketing by working with each
`department head
`I
`hire and fire departmental managers, etc.
`
`d)
`
`Comptroller — Gag) L. Figgs 1 13 years)
`
`Works with all divisions to maintain stability offinance, ie. buying, selling, pricing, budgets,
`purchasing of property, leases of equipment and/or land ‘
`
`-5-
`
`

`

`-
`
`,
`
`H
`
`5836/00143-1
`
`~
`
`Works directly with the Vice President to oversee accounting.
`
`Interrogatory No. 11 cl): Identify each person, except those identified in petitioner's answer
`
`to Interrogatory 1(b) above, who has occupied a position identified in the answer to Interrogatory
`
`1(a) subsequent to January 1, 1988, and state the dated during which each such person held each
`
`such position.
`
`Response No. ltd): No such person exists.
`
`Interrogatory No. '21 21): Describe by date, service or product, and circumstance petitioner's
`
`selection and adoption of the mark SEACRETS.
`
`Response No. 21 a): Insofar as this Interrogatory requests by date, service or product, and
`
`circumstance petitioner's selection and adoption of the mark SEACRETS, Petitioner objects to this
`
`Interrogatory because Petitioner is the prior user of the pleaded incontestable registration on which
`
`it relies in the cancellation proceeding and therefore information about Petitioner's adoption and
`
`selection ofthe mark is not relevant. Volkswagenwerk, A. G: v. MTD Products, Inc. , 181 USPQ 471,
`
`472 (TTAB 1974). Additionally, Petitioner objects to this Interrogatory because it is vague and
`
`ambiguous. Respondent must clarify the information it seeks. Subject to and without waiver of the
`
`foregoing objections, Respondent is informed that in 1986 Leighton Moore, upon deciding to build
`
`a pew restaurant and bar complex, conceived the name SEACRETS[. The location of said complex
`
`was not on the main way and therefore would not be able to have a sign on the main street (i.e. it had
`
`_a "hidden" location). Since the complex was close to saltwater, Mr. Moore conceived the name
`
`SEACRETS. Additionally, Petitioner will supplement the infqrmation provided as additional
`
`information becomes available.
`
`

`

`5836/00143-1
`
`Radio — Petitioner markets its products and services on its own radio station, named
`Seacrets Irie Radio 98.1 as well as through radio broadcasting of third parties.
`‘ : itionally Petitioner markets its products and services on other radio stations
`broa sting in the Baltimore, Maryland, Delaware and Virginia markets.
`
`Clothing — titioner sells its own clothing line in three stores on the complex
`property as we s on the Internet
`
`Petitioner has an exte . 've mailing list of people who have been to Seacrets and
`requested to be informed . ‘ to Petitioner's special events‘.
`‘
`'
`
`* Pet'itioner_co-ops with the Town o Ocean City, Maryland in National Publications
`for marketing purposes.
`.
`4
`
`Collateral Products — Petitioner promotes an . dvertises the SEACRETS mark and
`name through the sale and dissemination ofa wi ; variety ofcollateral merchandise.
`
`°
`
`NAS CAR sponsorship.
`
`Furthermore, once a protective order has been signed, Petitioner will provi \
`
`' espondent
`
`with confidential information for the past five year period, to the extent any exists. Additi u ally,
`
`,.. -..-.
`
`.- '- ...._ .. .
`
`u rt . .un. ' Olll-. 010- on a ailable.
`
`Interrogatory No. 9: Identify each advertisement or promotion for any ofpetitioner’s services
`
`or products in which a mark consisting in Whole or in part of SEACRETS has been used in the past
`
`5 years,
`
`including the dates and names of the publications or other media in which each
`
`advertisement or promotion appears or was publicly disseminated.
`
`Response No. 9: Insofar as this Interrogatory seeks the identity of each advertisement or
`
`promotion for any ofpetitioner’s services or products in which a mark consisting in whole or in part
`
`of SEACRETS has been used in the past 5 years, including the dates and names ofthe publications
`
`-14-
`
`

`

`5836/00143-1
`
`or other media in which each advertisement or promotion appeared or was publicly disseminated,
`
`Petitioner objects to this Interrogatory on the grounds that it is unduly burdensome. Sunkist
`
`‘Growers, Inc. v. Benjamin Ansehl C0,, 229USPQ14i7(TTAB l985);J.B. Williams Co. v. Pepsodent
`
`GmbH, 188 USPQ "577 (TTAB 1975); Van Dyk Research Corp. v. Xerox Corp. 181 USPQ 346
`
`(TTAB 1974). Subject to and without waiver of the foregoing objection, Petitioner provides
`
`Respondent with the following representativ'e”“’ sample of information relating to 'Petitioner’s
`
`_ advertisements and promotions:
`
`Delmarva Online Inc.
`
`Coconut Times Inc.
`
`Internet
`
`Print
`
`Harley-Davidson Shop of Ocean City, MD Print
`Hotel Services Intl Inc".
`Print
`
`Jamaica Bay Services, Inc.
`Landmarks Publishing, Inc.
`Maryland Coast Dispatch Inc.
`Menu Venue
`
`‘
`
`Ocean City Beach Guide Inc.
`Ocean City Today Inc.
`Sandcastle Publications
`
`.
`
`T.E.A.M. Productions
`
`VistaGraphics, Inc.
`
`a
`
`- Print
`Print
`Print
`Print
`
`Print
`Print
`Print
`
`Print
`
`Print
`Print -
`
`Fort Whaley Sign Co. Inc.
`E1ler»Media Company Inc.
`Artist DeSign (Sally Crawford)
`Seacrets Irie Radio
`.
`
`Clear Channel Comm. Inc.
`
`Radio Broadcast Communications, Inc.
`WZBH
`.
`Various Live DJ Remotes
`
`Billboard
`Print - Bus
`Print — Signs
`Radio »
`
`Radio
`
`A Radio
`Radio
`Radio
`
`Comcast Ad Sales, Inc.
`Stallion Sports, LTD
`TCI Media Services of Eastern Shore
`
`-
`
`‘
`
`Television
`Television
`Television
`
`-15-
`
`

`

`5836/00143-1
`
`- Unscene Productions
`
`.
`
`Television
`
`In addition, Respondent is informed of Petitioner’s .advertisements and promotions:
`
`°
`
`-
`
`_
`
`-
`I -
`
`-
`
`Maryland Coast Dispatch — each and every Week for more than five years
`
`Ocean City Today — each and every week for more than five years
`
`Radio — daily spots on several stations including Petitioner’s own station
`TV — various stations within the Mid-Atlantic region during the season yearly.
`
`NASCAR sponsorship.
`
`Additionally, Petitioner will supplement the information provided as additional information
`
`becomes available.
`
`A
`_._,-_.-_ ._
`'
`‘:r.:L-1:
`- '
`
`cw
`
`v-vl UV
`
`w
`
`’ —--
`
`-0 Uv‘Ivv I vwv-—---—
`
`--
`
`presen *
`
`is or who heretofore has been responsible for the advertisingor promotion of each of
`
`petitioner-’s SE -
`
`.
`
`TS services and products, and as to each person so identified, state during what
`
`period of time he or she '
`
`. - such responsibility.
`
`‘Response No. 10: Respon - t is informed as follows:
`
`Leighton W. Moore, Jr.
`Gary L. Figgs
`
`David Tittermary
`V Edward Newcomb (J.J.)
`
`1988 - present
`. 9 '1 - present
`
`22001 -15 . nt
`1997 - 20032
`
`‘
`
`’
`
`Jolyn Janis, in—house graphic artist
`
`2002 - 2003
`
`Brian Robertson, in-house graphic artist
`
`2003 - present
`
`-15-
`
`

`

`5836/00143-l
`
`Via the Internet, petitioner has advertised its SEACRETS services and products
`5
`
`Via radio, p 'oner has advertised its SEACRETS services and products in
`Maryland, Delawa ',' ew Jersey, Virginia.
`
`-
`
`°
`
`Via television, petitioner has a -
`Maryland, Delaware and Virginia.
`
`ised its SEACRETS services and products in
`’
`
`Via print advertisements, petitioner has adverti -~ its SEACRETS services and
`products in Maryland, Delaware and Virginia‘.
`—‘
`
`Via clothing and collateral products,-petitioner has advertised
`services and products worldwide. ‘
`
`‘ EACRETS
`
`an
`
`A! .9.-..
`
`Interrogatogg No. 17: Identify each state in which petitioner is licensed, certified, or
`
`otherwise authorized to do business.
`
`Response No. 17: Respondent isinforrned as follows: Maryland.
`
`.g._,L.,_,.
`
`' ,
`
`,;;—
`
`.-
`
`- -. —
`
`.n . on
`
`under etitioner’s
`
`SEACRET
`
`- rk by dollar and unit volume outside the state of Maryland.
`
`Response No. 1 : .
`
`~ ofar as this Interrogatory seeks the annual sales of services and products
`
`under petitioner’s ’SEACRETS ma '
`
`-
`
`dollar and unit volume outside the state of Maryland,
`
`Petitioner objects to this Interrogatory. on the 5 :
`
`ds that it is unduly burdensome and seeks
`
`information which is confidential and proprietary. Sunkist
`
`. ers, Inc. v. Benjamin Ansehl C0,,
`
`229 USPQ 147 (TTAB 1985);'J.B. Williarns Co. v. Peps0dent.GmbH, 188 s . Q 577 (TTAB 1975);
`
`Neville Chemical Co v. Lubrizol Corp., 184 USPQ 689 (TTAB 1975). Subject to . *0 Without
`
`-19-
`
`

`

`an
`
`g.-g
`
`-
`
`A
`
`g
`
`3
`
`--
`
`.
`
`-1.
`
`-
`
`.--...
`
`5836/00143-1
`
`any such . —rivileged documents and will identify the same to Respondent, to the extent such
`
`non-privileged docu : ts exist.
`
`‘ Interro gatog No. 30:Iden ' ~ the person who has furnished information or otherwise assisted '
`
`in the preparation of answers to the precedin; '- terrogatories and the particular answers. as to which
`eachiprovided information or assistance. .
`
`Response No. 30: Respondent is informed asifollows:
`
`:
`
`-
`
`-
`
`'
`
`Leighton W. Moore, Jr.
`
`Additionally,Petitionerwillsupplementthis informationas‘additionalinformation . - omes
`
`V AS TO ALLOBJECTIONS:
`
`'
`
`STEVENS DAVIS MILLER MOSHER LLP
`
`
`
`Steven D. Lustig
`Counsel for Petitioner
`
`1615 L Street N.W., Suite 850
`Washington, D.C. 20036
`(202) 785-0100
`(202) 408-5200
`
`-29-
`
`

`

`5836/00143-1
`
`-‘
`
`.
`
`"
`
`VERIFICATION
`
`ss:
`
`) )
`
`)
`
`STATE OF MARYLLAND
`
`COUNTY OF Worcester
`
`I, ________:__', being duiy sworn, depose and say:
`
`of O.C. Seacrets, Inc, Ihave read the foregoing
`I am Leighton W ' Moore ' Jr '
`Petitioner’s Responses to Respondent’s First Set of Interrogatories, and on information and belief
`based upon records kept in the ordinary course of business and inforrna '
`o 5 ied by corporate
`personnel, believe the responses to be true and cor-rec .
`
`-
`
`
`

`

`CERTIFICATE OF SERVICE
`
`5836/00143-1
`
`I hereby certify that on this 7”‘ day of April, 2004}, the foregoing Petitioner’s Responses to
`
`Respondent’s First Set of Interrogatories were served by first class mail, postage prepaid on:
`
`Mr. Thomas P. Arden
`
`HOLLAND & KNIGHT LLC
`131 South Dearborn Street, 30th Floor
`Chicago, IL 60603
`
`StevenD.%ustig
`
`.
`
`.
`
`-
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE '
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`5836/00143-1 '
`
`Cancellation No. 92042854
`Registration No. 2,772,061
`
`) ) )
`
`) )
`
`)
`)
`)
`)
`)
`
`O.C. SEACRETS, lNC.,
`
`Petitioner,
`
`v.
`
`THE CORYN CROUP, INC.,
`_
`Respondent.
`
`THE CORYN GROUP, INC.
`
`Counter-claimant/Defendant.\}\/§/\/L/%\)£€\J
`
`v.
`
`Counter-clairnant/Plaintiff
`
`O.C. SEACRETS, INC.,
`
`PETITIONER'S SECOND (FEBRUARY 2006) SUPPLEMENTAL
`RESPONSES TO RESPONDENT’S SECOND SET OF
`INTERROGATORIES TO PETITIONER (NOS. 1-71
`Pursuantto Federal Rule ofCivil Procedure 26 and 33, and the TrademarkRules ofPractice,
`
`Petitioner O.C. Seacrets,
`
`Inc. (“Petitioner”) provides this second supplemental response to
`
`Respondent’s Second Set of Interrogatories to Petitioner dated June 10, 2005 as follows:
`
`GENERAL OBJECTIONS
`
`Petitioner generally objects to Respondent’s interrogatories as follows. These general
`
`objections shall be, and hereby are, incorporated by reference into each response and specific
`z
`
`objection below as though fully set forth therein.
`
`()_c_ seacrets v. Coryn
`Canc. No. 92042854
`
`Respondent's Exh. 9
`
`

`

`.- ...
`
`’
`
`_-v
`
`-
`
`I
`
`v
`I'¢I
`
`9
`
`-
`I'aI '
`
`V.
`
`703), --‘ - therefore is redundant. Subject to the foregoing general and specific objections, Petitioner
`refers Respo ent to Confidential Document No. P44838—44839, and the various other financial
`documents with w h Respondent has been provided in discovery detailing, among other things,
`Petitioner's advertising e enditures over the ten year period from 1994-2004, as well as to
`Confidential Document Nos. P - 47-44968 and P44969-45014.
`
`INTERROGATORY NO. 2:
`
`
`
`Petitioner objects to this request on the ground that it se s information not reasonably
`calculatedto lead toithe discoveryofadmissible evidence andto the extent
`- t a stipulationhas been
`reached with respect to the document referenced in this interrogatory. Subje
`to the foregoing
`
`. .
`
`. . _ . . ..
`
`Identify the dates the building designated "Hotel Office and Gift Shop" bypetitioner has been
`used for hotel room transactions.
`
`RESPONSE:
`
`l’etitioner objects to this interrogatory to the extent that it overlaps with Respondent's First
`Set of Interrogatories, including Interrogatory Nos. 4(a), 4(b), 5(a) and 5(b), and therefore is
`
`-5-
`
`

`

`redundant. Petitioner further objects to this inteirogatory as vague and ambiguous in its use ofthe
`phrase "hotel room transactions." As worded, the request fails to describe the information sought
`with sufficientparticularityto allowforameaningfulresponse byPetitioner. Subjectto and without
`waiver ofthe foregoing objections, the signage “Hotel Office and Gift Shop” was firstplaced on the
`particular building in May 2004.
`
`INTERROGATORY NO. 4:
`
`
`
`RESPONSE: .
`
`- - n 'nium in the six-unit building described in the deposition of
`Identify the date eac -
`Leighton Moore, pp. 21-22, was purchased and the date if
`
`-
`
`- ' - ' - was moved to its present
`
`

`

`n-nnn-n--- .
`
`,1:
`
`--
`
`n.-
`
`on
`
`n‘n‘-- n
`
`;
`
`_
`
`‘
`
`-'
`
`interrogato
`
`~ 5 is Leighton Moore, and the most immediate previous owners were:
`
`Unit 101
`
`Jean .
`
`irk
`
`Unit 202
`
`Catherine F. Eckhart
`
`Unit 301
`Edward A. Franz
`Unit 102
`James W. & Karen D. Tyson Um 3
`Unit 201
`Unit 101 (Maui Bay) Robert and Helen Ellerman.
`
`Christopher M. Sapecky
`Patricia C. Norberg
`
`INTERROGATORY NO. 7:
`
`

`

`sample in P44914-P44946, Petitioner has no other documents in its possession, custody or control
`that track such instances.
`
`AS TO OBJECTIONS:
`
`STEV
`
` Barth
`. eRosa
`Thomas G. Southard
`Steven D. Lustig
`1615 L Street N.W., Suite 850
`Washington, D.C. 20036
`Tele: (202) 785-0100
`Fax: (202) 785-0200
`
`

`

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`
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`STATE 01? MARYLAND
`
`COUNTY or WORCESTER
`
`
`I, Leighton W Moore :
`
`J1‘ -
`
`.bcing duly sworn, depose and say:
`
`of O.C. Seacrets, Inc. I have read the foregoing
`.
`I
`lam President
`Petitions:-‘s Second (I-‘cbruaxy 2006) Hupplemcntal Responses to Respondcnfis Second Set of
`Interrogatories (Nos. 1-7), and on information and belief based upon records kept in the ordinary
`course of busincss and infonnation supplied by corporaxe personnel, believe the responses to be truo
`and correct.
`
`
`
`02/17/2006 FRI 15:57
`
`[TX/RX NO 6140]
`
`

`

`CERTIFICATE OF SERVICE
`
`7
`I hereby certify that on this /7 / day ofFebruary, 2006, the foregoing Petitioner’s Second
`(February 2006) Supplemental Responses to Respondent’s Second Set of Interrogatories (Nos. 1-7)
`was served via first class mail, postage prepaid on:
`
`Mr. Thomas P. Arden
`
`HOLLAND & KNIGHT LLC
`
`131 South Dearbom Street, 30th Floor
`Chicago, IL 60603
`
`4/Z/K
`
`Barth X. deRosa
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No. 92042854
`
`Registration No. 2,772,061
`
`O.C. SEACRETS,
`
`Petitioner,
`
`V.
`
`THE CORYN GROUP, INC.,
`
`Respondent.
`
`THE CORYN GROUP, INC.
`
`Counterclaim Plaintiff
`
`V.
`
`O.C. SEACRETS, INC.,
`
`’
`
`Counterclaim Defendant
`
`\./\}§/&/%/\&$/
`\)\)§/§/\/\./Q/\2\./\)§
`
`)
`
`RESPONDENT'S NOTICE OF RELIANCE NO. 6
`ON PRINTED PUBLICATIONS
`
`Respondent, The Coryn Group, Inc., in accordance with Rule 2.122 (e) of the Trademark
`
`Rules of Practice, hereby gives notice of its reliance upon the following publications:
`
`Philadelphia Magazine, September, 2006, page 128: Respondent's Exhibit 117
`
`Legal Fiction Writingfor Lawyers, SEAK, Inc., October 2006: Respondent's Exhibit 118
`
`Copies of the foregoing are attached hereto as Respondent's Exhibits 117-118. The foregoing is
`
`relevant in showing the use and promotion of two different hotels by third parties under the mark
`
`SEA CREST, a mark highly similar to petitioner's SEACRETS mark.
`
`

`

`Respectfully submitted,
`
`HOLLAND & KNIGHT LLP
`
`/¢,4/
`
`Thomas P. Arden
`131 South Dearbom, 30”’ Floor
`Chicago, Illinois 60603
`(312) 715-5700
`Counsel for Respondent
`
`

`

`CERTIFICATE OF MAILING AND SERVICE
`
`1, Thomas P. Arden, an attorney for applicant, hereby certify that copies of the foregoing
`
`RESPONDENT'S NOTICE OF RELIANCE NO. 6 ON PRINTED PUBLICATIONS and
`
`attached exhibits listed herein were deposited with the United States Postal Service as first class
`
`mail in an envelope addressed to Commissioner for Trademarks, Trademark Trial & Appeal
`
`Board, P.O. Box 1451, Alexandria, VA 22313-1451, and served upon Barth X. deRosa, Stevens
`
`Davis Miller Mosher LLP, 1615 L Street, N.W., Suite 850, Washington, D.C. 20036, by first
`
`class mail, postage prepaid, this 2d day of March, 2007, via first class mail, postage prepaid.
`
`/\;
`
`619/
`
`.
`
`/1 I/Z
`
`# 4395924_v1
`
`

`

`
`
`in search of ideal autumn weekends, we packed up and tried
`out the luxe-est inns and newest spas, plus urban hot spots and
`outdoor treks. But while our weekends are all great picks (and
`short drives or quick flights away), they’re not one-size-fits-all.
`We found the trip that works (wonders) for you, whether that’s
`two decadent days at a plush Poconos lodge or sunrise-to-sunset
`salutations at a Catskills yoga retreat. So scan our list, read our
`lowdowns, and go for what you really need: To clear your head?
`Rehab your romance? Get outside
`and stay there a couple
`of days? Whatever your travel jones, we’ve got a 48-hour fix.
`
`IE I
`fl
`
`IIW I
`
`III MI
`
`I I
`
`I
`
`hreakfast. Ours spanned two sidchoards
`and included inimosas, mnclcts, fruit
`salad. homemade cornbread, potato skins
`and peach cobbler. Then take :1 stroll
`along Ocean Avenue. flanked by palatial
`houses on one side and a twtnnile
`noncommercial boardwalk and beach on
`
`. At night, puddle around
`the other.
`the nearby spring-fed lake in Sea Crest's
`rowboatz romance guaranteed.
`.
`. An hour-and-a-halt" drive from
`Center City. —Ca.roline Tiger
` ‘FM
`3%..
`--1
`1
`.9."
`
`'
`
`..
`..
`-J.
`
`Detox
`Sivananda Ashram Yoga Ranch
`Woodbourne, NY
`Ready for complete surrcndcr—and,/or
`caffeine xvithdrawal? On a weekend
`
`.
`
`Rehab Your
`Romance
`Sea Crest by the Sea,
`Spring Lake, NJ
`If the thought of holing up with your
`honey at a ll&B makes you slightly
`elziuslrophobic (the Chintz. the loilc. the
`wicker, the rules
`), let Sea Crest by
`the Sea (19 Tuttle Avenue. Spring Lake;
`800-803-9031) change your mind. When
`Barbara and Fred Vogcl bought the ClI‘C«'i— .
`I885 Victorian in 1999, they combined
`smaller chambers to create large spaces
`replete with eveiy luxury-and plenty of
`privacy. With nary an instruction. Bar-
`hara showed us to our second-lloor room,
`Dolly's Boudoir, named for her grand-
`mother, whose photos adorn the mantcl-
`piece. Dolly: not so sexy. lint the king‘-size
`DUX bed, the two-person whirlpool bath,
`and the ocean-View deck \vhere we could
`lounge with our complimentary Yellow-
`tail chardonnay and Godiva chocolates
`certainly were. When we ezunc home at
`night. we were greeted with cherry cor-
`dial, szunbuca, ainarerto and homemade
`chocolates.
`Rooms at Sea Crest
`feature amenities like the finest linens,
`cozy fireplaces. Jncuzzis and decks. One
`of the most, desirable. and least Victorian,
`picks is the newer Hemingway Suite.
`with whirlpool tub and steam shower for
`two ( rooms $310 to $490 a night in sea-
`son).
`Walk the few blocks into town
`for paella and swordfish at the Island
`Palm Grill, a Latin BYOB (1321 Third
`Avenue, 732-449-1909; dinner for lwo.
`around $80).
`Give yourself plenty of
`time to enjoy, then recover from, the inn‘s
`
`'
`
`128
`
`.. .- SEPT£'MB:l<l 9006
`
`retreat to this Catskills ashram (Budd
`Road. Woodbournc. 8+5-4.36-6/!-92:
`sivananda.org/ranch), you'll wake at
`5:30 em. for silent meditation, followed
`by chanting and two hours of :1 gentle
`l latha-style yoga that can accommodate.
`or challenge, all fitness levels. (The rou-
`tinc is repeated again at 4 pm.) So much
`mindfulness attracts an eclectic group
`with the shared goal of escaping their
`otherwise fast-paced and calorie-laden
`lives. At the communal meals, you'll con-
`verse with a documentary producer from
`Arizona, a New York lash ion designer, :1
`would-be comedian, a Buddakan wait-
`ress, and 21 former hippie named Raghu
`Rama, the permanent guest who oversees
`the ashram. D865 Room service isn't
`incl titled. The ashram’s volunteer staff
`
`literally made your bed in the wood shop,
`so you can do your thing each day with
`the provided sheets. Ask fora spot in the
`
`O.C. Seacrets v. Coryn
`Cane. No. 92042854
`
`Respondent's Exh. 117
`
`V
`
`s.v1:1nI>'lfl" km
`
`

`

`
`
`A Legal
`1 Fiction
`Writing
`For
`
` Lawyers
`
`Bape God, Uciober 20-22, 2006
`
`
`
`Taught by New York Times
`Best-Selling Attorney-Authors:
`
`Lisa Scottoline, Esq.
`
`&
`Stephen Horn, Esq.
`
`FEATUR|NG:TWELVE LITERARY AGENTS
`
`LOOKING FOR ATTORNEY-AUTHORS!
`
`
`
`reconferences: October 19 - 20, 2006
`
`THE SECRETS TO WR/T/NG A BESTSELLER
`
`HOW TO WR/TE R/VET/NG D/ALOGUE
`
`HOWATTORNE YS CAN GET THE/R F/RST NOVEL PUBLISHED
`
`SCREENWR/T/NG FOR LAWYERS
`
`CREAT/NG MEMORABLE CHARACTERS
`
`PLOT,TJ./\l.G_.TH_E_BLOCKBUSTER BESELLER
`
`O.C. Seacrets v. Coryn A
`Canc. No. 92042854
`
`Respondent's Exh. 1 18
`
`

`

`' SEAK‘ -5* Anniversary Legal Fiaior. \Vriting_foij:Lawy7ers'
`
`
`includes continental breakfast, lunch, breaks, and a seminar handbook.
`Tuition for the 5"’ Anniversary Legal Fiction Writing Works/Jo}> is $1,195
`and includes:
`
`Registration Information
`' Information on how to enter the 5”‘ Anniversary National Fiction
`Writing Competition for Attorneys (There is no charge to enter the
`Competition).
`NOTE: Ylwere is a 20% distountfbr two or more attorney: registering
`togetberprior to September 15, 2006.
`
`'
`
` Tuition/Discounts: Tuition for each 1-day preconferences is $495 and
`
`- The Friday night reception with Lisa and Stephen (spouses invited),
`- Continental breakfast and lunch with faculty on Saturday and
`Sunday,
`- Seminar handbook,
`° All sessions,
`' Saturday night private “book party” reception with entertainment
`(spouses invited),
`° Small group breakout sessions with agents on Sunday morning,
`' Faculty reading, review and critique of up to three chapters of your
`manuscript (if you register prior to September 15,2006),
`' Book signing session on Saturday evening (spouses invited),
`- Faculty review and written critique of your query letter (if you
`register prior to September 15, 2006),
`° Distribution of your query letter to numerous literary agents (if
`desired),
`.
`° Faculty review and written critique of concise writing exercises (if
`you register prior to September 15, 2006), and
`
`'
`
`.
`
`I
`V.
`
`‘
`
`Query Letter Review, Qiery Letter Distribution, Writing Exercise
`Feedback, Writing Sample Review, Fiction Writing Competition.
`You will be sent 4-6 short writing exercises when you register along
`with instructions on how to submit these for feedback from a faculty
`member. You will be provided with instructions on how to submit
`your query letter for critique and distribution to agents and how to
`submit up to three chapters of your manuscript for review by a faculty
`member. You will be provided with instructions on how to enter the
`5th Annual National Fiction Writing Competition for Attorneys. The
`2002 winner, Claire Matturo, Esq. (author of Skinny Dipping), used
`her win to help launch her career as a novelist, so you are encouraged
`to enter. There is no fee for any of the above “extras.”
`
`Cancellations: All cancellations received in writing prior to
`October 1, 2006 will receive a full refund.
`
`.9
`
`_
`
`'
`
`V C7 T .
`
`I
`
`. v ‘ I
`3*:
`
`I Mail to:
`SEAK, Inc., PO. Box 729, Falmouth,MAO2541
`Please register me for:
`_Pre_C.0.flf6r6TnC6S E] The Secrets to Writing a Best-Seller, October 19, 2006 ($495)
`How to Write Riveting Dialogue, October 19, 2006 ($495)
`
`Registration Form
`
`Priority Code: LFW062
`
`or FAX to:
`or Call:
`
`508-540-8304
`508-457-1111
`
`CIEIEIDEI
`
`How Attorneys Can Get Their First Novel Published, October 20, 2006 ($495)
`
`Creating Memorable Characters, October 20, 2006 ($495)
`
`Screenwriting for Attorneys, October 20, 2006 ($495)
`
`Plotting the Blockbuster Best-Seller, October 20, 2006 ($495)
`
`-‘er
`I
`@021 D 5* Anniversary Legal Fiction Writing Workshop, October 20-22, 2006 ($1,195)
`Ill EICheck Enclosed, payable to SEAK, Inc.
`"2 _
`B Visa E] Mastercard E] AmEx
`: i’ Expiration Date:
`“
`'
`A
`
`,I
`
`Security Code:
`
`
`
`Name on Card:
`Signed:
`Please print or type all items to assure accuracy. All confirmations will be sent to the individual indicated.
`- I D
`Check here ifyou require special accommodations to fully participate.
`ll
`
`P '
`.
`-“n"'~"—’ .
`
`.,
`
`
`
`First Name (as it will appear on name badge)
`
`
`I Name OfFirm or Organization
`. 1
`_.——.-..._—.
`
`2:
`I
`"T ‘I Mailing Address
`
`I City
`9
`Zip
`State
`
`———————I
`T I Phone (Area Code / Number)
` I E—mail
`
`Last Name
`
`Title
`
`Fax (Area Code / Number)
`
`
`
`

`

`

`

`4;
`
`
`
`Legal Fiétioxi Wrififig‘for Lawyers ‘, .‘
`
`
`
`
`
`
`
`SEAK, Inc. 5"‘ Anniversary LEGAAL FICTION WRITING FOR LAWYERS
`October 20-22, 2006
`Sea Crest Oceanfront Resort, Falmouth, Cape Cod, MA
`
`
`
`"/ learned more than i have in 70 years in a writing
`program”
`‘Well worth the time, effort & money"
`
`"Unbe/ievab/y helpful "
`"Motivational, energizing, inspiring & informative"
`”Didn’t want to take the breaks / enjoyed the sessions so
`much"
`:
`
`”Best conference Ive ever attended”
`
`
`
`"Very professional & to the point—def7nite/y for lawyers”
`"Best time / ever had in a room with a bunch of lawyers ”
`"On a 7-70 scale, a 70”
`
`
`
`”Rejuvenated to write”
`”See you next yearl”
`
`Executive Summary
`
`Make your writing dream a reality at SElll('s 5"’ Anniversary Legal
`fiction Writing for Lawyers Workshop. Legal Fiction Writing For
`Lawyers has been designed to give aspiring lawyer authors what
`they have never before had: hands-on and practical training on
`how to write legal fiction and get published.
`
`The course is taught by two New York Times best-selling
`attorney-authors, Lisa Scottoline, Esq. and Stephen Horn, Esq.
`Like all SEAK training, Legal Fiction Writing For Lawyers,wil|
`be hands-on, lively, and interactive.Attendees will have the
`opportunity to get all their questions answered.Attendees will also
`have an opportunity to get their writing and query letters reviewed
`and evaluated.
`
`The faculty also features numerous literary agents looking for
`new lawyer-authors. Space is limited for this special workshop.
`Early registration is highly recommended.
`
`Seminar Benefits
`
`- Learn to write from your peers who have made the
`transition from practicing lawyers to international best-
`selling authors.
`
`- Gain practical writing experience
`
`- Get written feedback from concise writing exercises
`dealing with conflict, premises, dialogue, and writing action
`scenes
`
`- Have a portion of your manuscript (if you have one)
`reviewed and critiqued by a faculty member at no extra
`charge
`
`- Soup to nuts fiction writing: from naming characters to
`getting an agent and getting published
`
`- Have your query letter reviewed and critiqued (with
`suggested improvements) by a faculty member at no extra
`charge
`
`- Have your query letter placed in