TTA
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No. 92045460
`
`U.S. Reg. No. 2,562,784
`
`Comal Tackle Company, Inc.
`
`Petitioner,
`
`v.
`
`Alameda Fishing Tackle Company
`
`Respondent/Registrant.
`
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`GO'>€O'>O0>C47>bO'J<O'J<0>fO'3l0'>6<7>
`
`CERTIFICATE OF MAILING
`
`I hereby certify that the following documents, which are attached, are being deposited under 37
`C.F.R. 1.10, with the United States Postal Service “Express Mail Post Office to Addressee”
`service as Express Mail No. EV 725286691 US in an envelope addressed to: Trademark Trial
`and Appeal Board, U.S. Patent and Trademark Office, P.O. Box 1451, Alexandria, VA 22313-
`1451.
`
`(1)
`
`(2)
`
`Respondent/Registrant Alameda Fishing Tackle Company’s Motion to Suspend
`Proceedings Due to Civil Action, with Exhibits A and B;
`
`Respondent/Registrant Alameda Fishing Tackle Company’s Answer to Petition
`for Cancellation Filed Subject to Respondent/Registrant’s Alameda Fishing
`Tackle Company’s Motion to Suspend Proceedings Due to Civil Action; and
`
`(3)
`
`Return Postcard.
`
`fihfsl O(O
`
`Date
`
`HOUSTON 873377vl
`
`Respectfully submitted,
`
`Q4‘
`
`Deborah K. Foots, CLA
`Paralegal to Jennifer Sickler
`
`I\||ll\lllllllllllllllllllllllllllllllllllllllllll
`
`04-03-2006
`
`u.s. Patent & TMOfcITM Mail Rap! 0% ‘W
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Comal Tackle Company, Inc.
`
`Petitioner,
`
`v.
`
`Alameda Fishing Tackle Company
`
`Respondent/Registrant.
`
`<O060>@¢€-0?C0>=0>€0>¢03€0>€0:
`
`Cancellation No. 92045460
`
`U.S. Reg. No. 2,562,784
`
`RESPONDENT/REGISTRANT ALAMEDA FISHING TACKLE COMPANY’S MOTION TO
`SUSPEND PROCEEDINGS DUE TO CIVIL ACTION
`
`Respondent/Registrant Alameda Fishing Tackle Company (“Alameda”) requests this Board to
`
`suspend these proceedings pending the resolution of the pending civil action between the parties in this
`
`case pursuant to 37 C.F.R. 2.1 17(a).1 The relevant information for the Board to consider and grant this
`
`motion is as follows:
`
`1.
`
`Alameda filed a Complaint (the “Complaint”) against Comal Tack Company,
`
`Inc.
`
`(“Comal”) in the United States District Court for the Southern District of Texas, captioned Alameda
`
`Fishing Tackle Co. v. Comal Tackle Co., Inc. on October 25, 2005, which was subsequently assigned
`
`Civil Action No. 4:05-CV-3665 (hereinafter, the “Civil Action”). A copy of the Complaint is attached
`
`hereto as EXHIBIT A.
`
`2.
`
`3.
`
`Alameda served the Complaint on Comal on January 27, 2006.
`
`On February 15, 2006, Comal filed its Answer to the Complaint, raised Affirmative
`
`Defenses, and Counterclaimed against Alameda. A copy of Defendant’s Answer, Affirmative Defenses
`
`And Counterclaim (“Comal’s Answer, Affirrnative Defenses and Counterclaim”) is attached hereto as
`
`EXHIBIT B.
`
`‘ “Whenever it shall come to the attention of the Trademark Trial and Appeal Board that a party or parties to a pending
`case are engaged in a civil action or another Board proceeding which may have a bearing on the case, proceedings before
`the Board may be suspended until termination of the civil action or other Board proceeding.”
`ALAMEDA’S MOTION TO SUSPEND PROCEEDINGS
`
`PAGE 1
`
`HOUSTON 8691l2V1
`
`

`
`4.
`
`Comal’s Answer, Affirrnative Defenses and Counterclaim seek, inter alia, cancellation of
`
`Alameda’s federal registration (U.S. Reg. No. 2,562,784)
`
`(see e.g., Comal’s Answer, Affirmative
`
`Defenses and Counterclaim Paragraphs 38 and 43; and Count V — CANCELLATION OF ALAMEDA’S
`
`TRADEMARK REGISTRATIONS Paragraphs 95——l00). Alameda denies that Cornal is entitled to the
`
`relief sought in its Answer, Affirmative Defenses and Counterclaim.
`
`S.
`
`Alameda submits that the issues involved in the Civil Action encompass the issues before
`
`the Board in this Cancellation proceeding. In the Civil Action, Comal seeks cancellation of U.S. Reg. No.
`
`2,562,784 which is the same registration that Comal seeks to cancel in this Cancellation proceeding. As
`
`such,
`
`the outcome of the Civil Action will
`
`likely have a bearing upon the issues involved in this
`
`Cancellation proceeding.
`
`PRAYER
`
`For the above reasons, Alameda respectfully requests that this Board suspend the proceedings
`
`until termination of the Civil Action.
`
`Dated: April 3, 2006
`
`Respectfully submitted,
`
`
`
`
`Jen g, S. Sick
`Texas Bar No. 339600
`
`Thomas C. Wright
`Texas Bar No. 24028146
`Jason P. Sander
`Texas Bar No. 24046792
`GARDERE WYNNE SEWEL LLP
`
`1000 Louisiana, Suite 3400
`Houston, Texas 77002-5007
`713.276.5382 (Telephone)
`713.276.6382 (Fax)
`
`ATTORNEYS FOR PLAINTIFF
`ALAMEDA FISHING TACKLE CO.
`
`ALAMEDA’S MOTION TO SUSPEND PROCEEDINGS
`
`PAGE 2
`
`HOUSTON 869l12V1
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing Respondent/Registrant Alameda Fishing Tackle
`
`COmpany’s Motion To Suspend Proceedings Due To Civil Action was served by first class mail postage
`
`pre-paid on this L day of April, 2006 upon:
`
`Dwayne Goetzel
`Federal I.D. No. 22918
`Texas Bar NO. 08059500
`
`MEYERTONS HOOD KIVILN KOWERT & GOETZEL PC
`
`700 Lavaca, Suite 800
`Austin, TX 78701-3102
`512.853.8860 (Telephone)
`512.853.8801 (Fax)
`
`ATTORNEY FOR DEFENDANT
`COMAL TACKLE CO. INC.
`
`
` /
`
`Jason P. Sande
`
`
`
`ALAMEDA’S MOTION TO SUSPEND PROCEEDINGS
`
`PAGE 3
`
`HOUSTON 86911 2V1
`
`

`
`In Re: Cancellation No. 92045460
`
`Offered By: Respondent/Registrant Alameda Fishing Tackle Company
`
`EXHIBIT A
`
`

`
`I
`
`-
`
`A
`
`.“',:
`4'
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TExAS
`HOUSTON DIVISION
`
`I
`
`United States Court:
`Southern District of Texas
`(D
`""5"
`0: OCT 2 5 2005
`
`Michael u.uuny,cm
`
`ALAMEDA FISHING TACKLE CO.,
`
`Plaintiff,
`
`V-
`
`COMAL TACKLE CO. INC.,
`
`Defendant.
`
`OO>€0>C0)<0><«O¢C0>¢0360>&f0>€OO
`
`_
`
`IURY TRIAL DEMAND
`
`ALAMEDA’S ORIGINAL COMPLAINT
`
`Alameda Fishing Tackle Co. (“Alameda”) files this Original Complaint against Comal
`
`Tackle Co., Inc. (“Comal”).
`
`Jurisdiction and Venue
`
`1.
`Thisgis a case of trademark and trade dress infringement arising under the laws of
`the United States, 15 U.S.C. §§ 1051, et seq. The Court has jurisdiction pursuant to 15 U.S.C.
`
`§ 1121 and 28 U.S.C. §§ 1331, l338(a) and (b). The Court has personal jurisdiction over the
`Defendant by virtue of the fact that Defendant has sold products bearing the infringing marks in
`
`this judicial district. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c) in
`
`that Defendant continues to market and sell its products within this district.
`
`Parties
`
`2.
`
`Alameda is a Texas corporation with its principal place of business at 4745
`
`Mokry Street, Corpus Christi, Texas 78415.
`
`3.
`
`Defendant Comal, upon information and- belief, is a Texas corporation with its
`
`principal place of business at 1200 Jack C. Hays Trial, Buda, Texas 78610.
`
`

`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`ALAMEDA FISHING TACKLE CO.,
`
`Plaintiff,
`
`V-
`
`COMAL TACKLE CO. INC.,
`
`Defendant.
`
`<0‘:0OO6O'3CAO3OO'3<»<73OO'-'60')~'aO'Jfa<7D€»O'>
`
`JURY TRIAL DEMAND
`
`ALAMEDA’S ORIGINAL COMPLAINT
`
`Alameda Fishing Tackle Co. (“Alameda”) files this Original Complaint against Comal
`
`Tackle Co., Inc. (“Comal”).
`
`Jurisdiction and Venue
`
`1.
`
`This is a case of trademark and trade dress infringement arising under the laws of
`
`the United States, 15 U.S.C. §§ 1051, et seq. The Court has jurisdiction pursuant to 15 U.S.C.
`
`§ 1121 and 28 U.S.C. §§ 1331, 1338(3) and (b). The Court has personal jurisdiction over the
`
`Defendant by Virtue of the fact that Defendant has sold products bearing the infiinging marks in
`
`this judicial district. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c) in
`
`that Defendant continues to market and sell its products within this district.
`
`Parties
`
`2.
`
`Alameda is a Texas corporation with its principal place of business at 4745
`
`Mokry Street, Corpus Christi, Texas 78415.
`
`3.
`
`Defendant Cornal, upon information and belief, is a Texas corporation with its
`
`principal place of business at 1200 Jack C. Hays Trial, Buda, Texas 78610.
`
`

`
`A.
`
`Trademarks and Trade Dress
`
`Factual Background
`
`4.
`
`Alameda is the owner of two federally Registered Trademarks: Registration No.
`
`2,389,560 “the ALAMEDA Mark”, and Registration No. 2,562,784 “the DESIGN Mark”. True
`
`and correct copies of the registrations are attached as Exhibits 1 and 2,
`
`respectively.
`
`Additionally, Alameda has common law trademark rights in its trade dress in its fishing floats
`
`and attractants. A true and correct copy of an example of Alameda’s trade dress is attached as
`
`Exhibit 3.
`
`B.
`
`Comal’s Infringing Acts
`
`5.
`
`Since at least September 8, 2003, Comal has been selling floats that bear the name
`
`“Alameda”.
`
`6.
`
`Since at
`
`least September 8, 2003, Comal has been selling floats that are
`
`substantially similar to the Alameda Trade Dress.
`
`7.
`
`Comal has sold its infringing products in many stores within the State of Texas
`
`and this judicial district. An image of an infringing Comal product, purchased from Cut Rate
`
`Fishing Tackle Unlimited on May 04, 2005, in Houston, Texas, is attached hereto as Exhibit 4.
`
`An image of an infringing Comal product, purchased from Gander Mountain on May 04, 2005,
`
`in Sugar Land, Texas, is attached hereto as Exhibit 5. An image of an infringing Comal product,
`
`purchased from Wal-Mart Stores, Inc. on May 05, 2005, in Missouri City, Texas, is attached
`
`hereto as Exhibit 6.
`
`
`
`8.
`
`Comal has marketed and sold infringing products under the name “Plasti-Pop”. A
`
`true’ and correct copy of Comal’s 2005 catalogue is attached hereto as Exhibit 7. Specific
`
`reference to the infringing Plasti-Pop float is made on page 21 of Comal’s 2005 catalogue,
`
`Exhibit 7.
`
`

`
`9.
`
`Comal has marketed and sold infringing products under the name “Torpedo
`
`Casting Float”. Specific reference to the infringing Torpedo Casting Float is made on page 22 of
`
`Comal’s 2005 catalogue, Exhibit 7.
`
`C.
`
`Irreparable Harm to Alameda
`
`10.
`
`Comal has had constructive notice of the ALAMEDA Mark since the mark was
`
`published on July 4, 2000. Comal has had constructive notice of the DESIGN Mark since that
`
`mark was published on January 29, 2002. Comal has had actual notice of the ALAMEDA Mark,
`
`the DESIGN Mark, and Alameda’s common law trade dress since September 8, 2003 when
`
`Alameda sent a demand letter. In spite of this notice, Comal has willfully infringed the Alameda
`
`Marks and the Alameda Trade Dress. As set forth above, Comal is selling fishing products and
`
`fishing floats bearing the Alameda name, and incorporating the Alameda trade dress. These
`
`actions will irreparably degrade and dilute Alameda’s valuable reputation and good will.
`
`ll.
`
`Comal has acted willfully, and has unlawfully attempted to trade on the
`
`commercial value, reputation, and goodwill associated with Alameda’s products. Comal has
`
`deliberately and intentionally confiased and deceived the consuming public as to a continuing
`
`affiliation, connection, or association of themselves with Alameda, and/or as to the origin,
`
`sponsorship or approval of its goods and services.
`
`12.
`
`Comal has been and continues to be unjustly enriched at the expense of Alameda
`
`by Comal’s unauthorized use of the ALAMEDA mark, the DESIGN mark, and the Alameda
`
`trade dress. Comal has benefited from its unauthorized use of the ALAMEDA mark,
`
`the
`
`DESIGN mark, and the Alameda trade dress through float sales to a number of distributors.
`
`13.
`
`Unless this Court enjoins Comal, it will continue causing irreparable injury to
`
`Alameda, for which there is no adequate remedy at law.
`
`

`
`Count One
`
`Trademark Infrin ement Trade Dress Infrin ement And Counterfeitin Under The
`
`Lanham Act
`
`14.
`
`Alameda realleges and incorporates herein by reference each and every allegation
`
`set forth in paragraph 1 through 13 above, as if the same were repeated verbatim herein.
`
`15.
`
`Comal’s acts constitute trademark infringement,
`
`trade dress infringement and
`
`counterfeiting in violation of the Lanham Act, 15 U.S.C. §§ 1114, 1125.
`
`Count Two
`
`Federal Trade Dress Dilution
`
`16.
`
`Alameda realleges and incorporates herein by reference each and every allegation
`
`set forth in paragraphs 1 through 15 above as if the same were repeated verbatim herein.
`
`17.
`
`Comal’s actions constitute injury to, and dilution of, Alameda’s famous trade
`
`dress under 15 U.S.C. § 1125(c). Unless enjoined, Comal will continue its infringing activities,
`
`resulting in irreparable injury to Alameda, for which Alameda has no adequate remedy at law.
`
`Count Three
`
`Unfair Competition Under The Lanham Act
`
`18.
`
`Alameda realleges and incorporates herein by reference each and every allegation
`
`set forth in paragraphs 1 through 17 above as if the same were repeated verbatim herein.
`
`19.
`
`Comal’s actions constitute false representations and false designations of origin
`
`that are likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
`
`connection or association of Comal and its goods/services with Alameda, or as to the origin,
`
`sponsorship or approval by Alameda of Comal’s goods, services or commercial activities. Such
`
`actions constitute unfair competition and false advertising in violation of Section 43(a) of The
`
`Lanham Act, 15 U.S.C. § 1125(a).
`
`

`
`20.
`
`Unless enjoined, Comal will continue its unauthorized use of the Alameda Marks
`
`and Alameda Trade Dress resulting in continuing confusion and irreparable injury to Alameda,
`
`for which Alameda has no adequate remedy at law.
`
`Count Four
`
`Trademark Dilution And Injury to Business Reputation Under Texas Law
`
`21.
`
`Alameda realleges and incorporates herein by reference each and every allegation
`
`set forth in paragraphs 1 through 20 above as if the same were repeated verbatim herein.
`
`22.
`
`Alameda and Comal are both in the business of selling fishing floats and
`
`attractants.
`
`23.
`
`Comal’s actions constitute an injury to Alameda’s business reputation and dilute
`
`the distinctive quality of Alameda’s Trademarks and Trade Dress in violation of Section 16.29 of
`
`the Texas Business and Commerce Code, and these acts or practices have caused and will cause
`
`Alameda loss and damage.
`
`24.
`
`As a direct and proximate result of Comal’s actions, Alameda has sustained and
`
`will continue to sustain substantial injury to its proprietary rights, and has sustained and will
`
`continue to sustain substantial injury to its business, reputation, and public goodwill
`
`in an
`
`amount that cannot be presently ascertained except by an accounting of damages.
`
`25.
`
`As a fiirther direct and proximate result of the wrongful acts of Comal, Defendant
`
`has unlawfully derived income and profits from its wrongful acts. The acts of trademark dilution
`
`set forth in this claim leave Alameda with no adequate remedy at law and have caused and will
`
`continue to cause irreparable damages unless enjoined by this court.
`
`

`
`Count Five
`
`Common Law Unfair Competition
`
`26.
`
`Alameda realleges and incorporates herein by reference each and every allegation
`
`set forth in paragraphs 1 through 24 above as if the same were repeated verbatim herein.
`
`27.
`
`Comal’s actions constitute unfair competition under the common law of the State
`
`of Texas.
`
`28.
`
`Unless enjoined, Defendant will continue its unfair practices,
`
`resulting in
`
`irreparable injury to Alameda, for which Alameda has no adequate remedy at law.
`
`Count Six
`
`Unjust Enrichment
`
`29.
`
`Alameda realleges and incorporates herein by reference each and-every allegation
`
`set forth in paragraphs 1 through 28 above as if the same were repeated verbatim herein.
`
`30.
`
`Comal’s actions complained of herein constitute unjust enrichment of Defendant
`
`at the expense of Alameda.
`
`Prayer for Relief
`
`WHEREFORE, Alameda prays for judgment against Cornal as follows:
`
`1.
`
`That
`
`the Court permanently enjoin Comal,
`
`its agents, servants, employees,
`
`attorneys, and all those persons in active concert or participation with any of them:
`
`(a)
`
`From using, in connection with the promotion, advertising or offering of
`
`fishing floats and attractants, the Alameda Marks and the Alameda Trade Dress, and any
`
`other designations confusingly similar to the Alameda Marks and the Alameda Trade
`
`Dress;
`
`(b)
`
`From otherwise competing unfairly with Alameda in any manner,
`
`6
`
`

`
`including, but without limitation, (i) unlawfully adopting or infringing upon the Alameda
`
`Marks and the Alameda Trade Dress, or (ii) adopting or using any other names, marks or
`
`designs that are confusingly similar to the Alameda Marks and the Alameda Trade Dress;
`
`and
`
`(c)
`
`From conspiring with, aiding, assisting, or abetting any other person or
`
`business entity in engaging in or performing any of the activities referred to in
`
`subparagraphs (a) and (b) above;
`
`2.
`
`That the Court order Cornal, its agents, servants, employees, attorneys and all
`
`those persons in active concert or participation with any of them, to deliver up for destruction, or
`
`show proof of destruction of, any and all products, labels, signs, prints, packages, wrappers,
`
`receptacles and advertisements, and any other materials in its possession or control, that depict
`
`the Alameda Marks and the Alameda Trade Dress or other mark confusingly or substantially
`
`similar to the Alameda Marks and the Alameda Trade Dress, and any materials or articles used
`
`for making or reproducing the same as provided by 35 U.S.C. § 1118;
`
`3.
`
`That the Court order Comal to file with the Court and to serve upon counsel for
`
`Alameda, within thirty (30) days after the entry and service on Comal of an injunction, a report
`
`in writing and under oath setting forth in detail the manner and form in which Cornal has
`
`complied with the injunction;
`
`4.
`
`That Alameda recover all damages it has sustained as a result of the Comal’s
`
`infringement, dilution, unfair competition, unfair trade practices and unjust enrichment;
`
`5.
`
`In view of the blatant and willful nature of Comal’s infringement and unfair
`
`competition, this is an exceptional case within the meaning of 15 U.S.C. § lll7(a), and said
`
`

`
`damages awarded to Alameda should be trebled pursuant to 15 U.S.C. § lll7(a);
`
`6.
`
`That an accounting be ordered to determine Comal’s profits resulting from its
`
`infringement, dilution, unfair competition and unfair trade practices, and that such profits be paid
`
`over to Alameda, increased as the Court finds to be just and proper under the circumstances of
`
`this case;
`
`7.
`
`That the Court declare that this is an exceptional case and award Alameda its
`
`reasonable attorneys’ fees for prosecuting this action pursuant to 15 U.S.C. § 11l7(a);
`
`8.
`
`That the Court find Coma1’s actions, which were done willfully and with malice,
`
`entitle Alameda to exemplary damages pursuant to C.P.R.C. § 41.001;
`
`9.
`
`That Alameda recover its costs of this action and prejudgment and post—judgment
`
`interest; and
`
`10.
`
`That Alameda recover such other and further relief as the Court may deem just
`
`and proper.
`
`Demand For Jury Trial
`
`11.
`
`Alameda respectfully requests a trial by jury on all issues so triable.
`
`Dated thisggflday of October, 2005.
`
`Respectfully submitted,
`
` .. .No. 11112
`
`Texas Bar No. 18339600
`
`Jason P. Sander
`
`Texas Bar No. 24046792
`
`GARDERE WYNNE SEWELL, LLP
`
`1000 Louisiana, Suite 3400
`
`8
`
`

`
`Houston, Texas 77002-5007
`713.276.5382 (Telephone)
`713.276.6382 (Fax)
`
`ATTORNEYS FOR PLAINTIFF
`
`ALAMEDA FISHING TACKLE CO.
`
`HOUSTON 826356v2
`
`

`
`EXHIBIT 1
`
`

`
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`Typed Drawing
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`Word Mark
`
`Goods and
`Services
`
`Mark Drawing
`Code
`
`Serial Number
`
`Filing Date
`Current Filing
`Basis
`
`Original Filing
`Basis
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`Published for
`
`Opposition
`Registration
`Number
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`AI.AMEDA
`
`IC 028. US 022 023 038 050. G & S: Fishing floats and attractants. FIRST USE: 19520000.
`FIRST USE IN COMMERCE: 19520000
`
`(1) TYPED DRAWING
`
`75710758
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`May 20, 1999
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`1A
`
`1A
`
`July 4, 2000
`
`2389560
`
`Registration Date
`Owner
`
`September 26, 2000
`(REG_|STRANT) ALAMEDA FISHING TACKLE COMPANY William Brown, a U.S. citizen SOLE
`PROPRIETORSHIP TEXAS 4745 Mokry Street Corpus Christi TEXAS 78415
`
`Attorney of
`Record
`
`Jennifer S. Sickler
`
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`Trademark Electronic Search S""tem (TESS)
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`Page 2 of 2
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`

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`EXHIBIT 2
`
`

`
`Trademark Electronic Search Sy ' “tn (TESS)
`
`.
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`Page 1 of2
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`United States Patent and Trademark Office
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`*2
`
`Goods and
`Services
`
`IC 028. US 022 023 038 050. G & S: Fishing floats and attractants. FIRST USE: 19580000. FIRST
`USE IN COMMERCE: 19580000
`
`(2) DESIGN ONLY
`
`Mark Drawing
`code
`Design
`Search Code 210325
`Serial Number 75710757
`
`Filing Date
`
`May 20, 1999
`
`current Filing 1A
`Basis
`
`Original Filing 1A
`Basis
`
`S::'g:'i'3gnf°' January 29, 2002
`Registration
`2562784
`
`Number
`
`-
`
`_ Z
`
`'
`
`I
`
`‘
`
`I
`
`‘
`
`Registration Apr“ 23' 2002
`"Date
`Owner
`"“°"'°V °f
`
`~ Record
`
`(RE_GlSTRANT) ALAMEDA FISHING TACKLE COMPANY SOLE PROPRIETORSHIP OF WILLIAM
`BROWN TEXAS 4745 Mokry Street Corpus Christi TEXAS 78415
`Jennifer s. Sickler
`
`De5°'iPti°" 07 The mark consists of the configuration of a fishing float having an off-center line about its
`M37“
`'
`circumference. The float is generally cylindrical, tapered at the bottom end to substantially fonn a
`
`‘cone. slightlytapered atthetopend, andforms alipabouta portion oftheperimeterofthetop end,
`
`

`
`Trademark Electronic Search Sy ‘am (TESS)
`
`Page 2 of 2
`
`creating a partially concave surface. The broken lines represent the top and bottom fishing line
`guides, an internal bore within the float. and a lengthwise side slot for holding the fishing line in piace.
`and are not claimed as part of the mark.
`
`Type of Mark TRADEMARK
`Register
`PRINCIPAL-2(F)
`LiveIDead
`LIVE
`Indicator
`
`
`TRI\DEMJ\fiK
`
`Neviusasz Wszuflurtfifi FREE FORM eumv.-=.=af:»m=~
`
`
`
`HELP
`
`
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`LHOME I SITE INDEXI SEARCH I eBUS|NESS I HELP I PRIVACY POUCY
`
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`

`
`EXHIBIT 3
`
`

`
`

`
`EXHIBIT 4
`
`

`
`11
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`
`ackle Unlimited
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`EXHIBIT 5
`
`

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`
`
`

`
`EXHIBIT 6
`
`

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`EXHIBIT 7
`
`

`
`

`
`Comafl Tacflde Cempany
`
`“Tine Float Si;oe<ci7allz‘ist?s”
`
`A Personal Note to Customers:
`
`Comal Tackle originated from an “idea” in the Spring of 1962.
`
`My dad, Virgil Haney, with the help of brothers, sisters and friends,
`coupled with the rugged services of Burris Roach and his family,
`were able to get this company off the ground and survive these past
`35 years. Virgil Haney. Remained active up until his death in 1979.
`joined Comal in 1969, after serving a five year tour in the Navy. This
`company was lucky enough to have the special services of Robert
`and Clyde Roach who, today manage and direct the day to day
`operation of this business.
`
`I
`
`Comal currently distributes its products at all levels of the market
`place to all 50 states and overseas, offering a complete line of over
`2,000 different styles of floats.
`
`We thank all of our customers who have made our success possible.
`
`Sincerely yours,
`
`Richard A. Haney
`President
`
`

`
`@U@1=T@@ Engaging
`
`
`
`All floats made of close-textured polystyrene - “hand painted” to perfection
`with fluorescent paint for easy visibility. concave top creates popping,
`chugging sound with rod tip action -— attracting fish. Sticks are custom
`fitted for long easy use. Easy-on, easy-off with slotted floats.
`Great for freshwater fishing as well as saltwater fishing.
`
`Weighted - Green Sticks
`
`Non-Weighted - Black Sticks
`
`Fluorescent Pi
`Bed 8: White
`r
`No Slot
`20W ~ Non—Weighled
`24- _ 3» _ A-v _ 50-
`
`~
`
`25W - Weighted
`2" - 3“ - 4" - 5"
`
` 3
`
`
`
`
`
`-
`
`_
`
`'\
`
`“'
`
`‘
`
`’ "“'
`
`Fluorescent
`Red & White
`Slotted
`22W — Nonv-Weighted
`2.. _ 3.. e 4.. e 5»
`
`27w - Weighted
`2". 3" .4" — 5"
`
`,
`
`,
`fifl
`E0M’\"l‘T5CV_-K11-E
`"K '
`"‘
`‘
`J” M 'w""'
`
`
`
`fluorescent Red I
`Fluorescent
`Yellow Slotted
`5'2Y - Non-Wgt.
`2" — 3" — 4" — 5"
`57Y — Weighted
`:2" — 3" - 4" — 5"
`
`
`
`V
`Fluorescent Bed I
`Fluorescent Yellow ‘
`N° 5'“
`50Y - Non-Wgl.
`2" . 3" . 4" . 5"
`s5Y — Weighted
`2". 3" . 4" — 5"
`
`.\
`
`/
`
`I
`
`Patent No.
`416.975
`
`Fluorescent Fluorescent
`Red 8; Green Red & G796"
`No Slot
`Slotted
`soc - Non-Wgt.
`326 - Non-Wat
`n _
`n _
`u .
`n
`2" _ 3" _ 4" _ 5"
`2
`3
`5
`376 W ' h d
`35G - weughfed
`2” S" 9'9 '59
`_
`_ 4" _
`"
`u .
`u _
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`u
`2
`3
`4
`5
`
`V
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`
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`’
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`;
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`i
`
`Get acquainted with comal's
`
`
`?9ERFE@?f PHAQ i
`
`PACKAGED: 1 2 per display tray
`
`FEATURES
`displays merchandise
`smppmg damage
`easy mventory
`saves counter space
`fiavs-5 on counter darnagr:
`
`\_,¥ \ COMAL TACKLE COMPANY, INC.
`‘ff’ \ noxeos-smug-as 786|O-Tdeph0ne(5|Zl29S~512B
`
`

`
` Comal’s Exclusive
`lift Float
`_
`J
`‘ _|
`,,,
`,
`
`3
`
`item Fioeat
`
`Easy to Big Up —- Simply
`Perfect or “Slip Fishing”
`attach leader & you’re fishing.
`It's our own
`
`A"‘PU|'P°5°
`Swivel on bottom
`
`P°l9"led
`allows baits to
`SNAP uuz mro
`
`“lriserted" Float
`mcve mom free|yl
`LOOP wane
`‘Patent No.
`
`3,056,229°
`
`Sizes: 2" - 3" — 4" - 5"
`
`Code
`
`25WR-R,’W
`35GR-R/G
`55YR-RJY
`
`All Floats
`
`Precision Weighted
`
`PACKAGED: l cloz. in Council‘: P-ertkzct Prick
`
`
`
`\
`
`l
`
`‘K
`
`
`
`
` Ema
`Hollow chamber
`
`
`
`
`
`
`
`Shes: 2.. ‘ 3.. _ 4.. _ 5..
`9951.:
`
`'l2Wl-R/W Non-Weighted
`
`27Wl-R/W Weighted
`
`3’2Gl-R/G Non-Weighted
`37Gl_R/AG weigmed
`
`The “Snap-on/Snap-off”
`Popping Float
`2 do; in Comets Perfect Pack
`
`PACKAGED:
`
`
`
`“
`
`with beads
`creates rattling
`‘-‘°'"“*
`
`Get a Dual Purpose Fish Attractor
`Rod action gives popping sound along with a
`rattling sound created by small metal beads in a
`hollow chamber inside float. Fluorescent red &
`Distinctive Fluorescent Green
`
`4
`
`5”
`
`,
`V
`
`‘
`
`PACKAGED l «‘lOT. in C-_>tnui’3 Port:-ct l-‘sick
`
`,r
`r
`r\ ~‘\
`
`;
`1
`
`t
`
`«
`
`l
`
`r
`
`I
`
`,
`
`_
`
`~
`
`,
`
`,
`
`i
`
`Reddi Rattle
`C‘
`H t
`
`2" ' 2" " 9 ‘
`
`3" ' 3"
`
`-
`ones
`‘
`‘
`
`P
`
`Fteddi Rattle
`‘
`I
`°‘’‘’'“‘-’f‘.’‘’f.
`oozes.
`
`('14
`(w
`\
`
`4-
`‘as-
`’
`
`
`
`Code
`QDWRR - Fluorescent
`Red & whim
`N Mei Med
`I on
`9
`
`25w!" ‘ ““°’°“'-‘"'
`Red 9. White
`weighted
`
`\_
`
`‘\
`
`\_
`
`X
`
`X
`
`7
`
`‘«\
`
`‘
`
`\
`
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`
`\
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`X‘
`
`:
`A
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`r
`2
`t
`r
`l
`t_
`K
`EXCELLENT son BOTH
`SALTWATER 8: FRESHWATER
`Anyone can produce fish attracting
`“Rattle Effect” with light rod tip action
`' Stainless steel wire shaft and decorative beads slide freely
`through float contacting the protective metal eyelets in either end
`of float to produce the fish attracting “Rattle Effect"
`'
`Ideal for saltgrass marshes and shallow boys for redfish
`and ".°u“
`_
`_
`h f
`_"
`_
`f
`' High quality stainless s a t wi
`not rust in resh or
`salt water.
`' Can be used with live bait or with a number of
`artificials. Jig with plastic shrimp tails. speck
`rigs & tube lures, or a number of other lures.
`
`/
`
`
`
`/'
`
`code
`C150 RR
`C-200 RR
`
`2
`
`
`
`/
`M!
`
`_
`Color: Solid Fluorescent Red
`
`3
`
`3" C, 250 RR
`-,f_ _ 300;; R
`
`
`
`ZIOGRR - Fluorescent Red 3. Green
`Non—Weighted
`SSGRR - Fluorescent Red 8- Green
`Weighted
`
`PACKAGED;
`e:.:s‘:~u in -7.-;:
`
`
`
`Vases NEXT PAGE FOR MORE SIZES 3. STYLES?‘
`CONIAI. TACKLE COMPANY. INC.
`Box606~8uda,Tcx.\s raisin-rcicpiioncisizizas-szza
`
`I \
`
`

`
`
`
`EXCELLENT FOR BOTH SALTWATER 8: FRESHWATER
`NOW AVAILABLE IN TWO STYLES - WEIGHTED 8: NON-WEIGI-ITED
`ALSO AVAILABLE IN THREE COLORS
`
`Anyone can produce
`fish-attracting “Rattle-Effect"
`with light rod tip action
`
`- Stainless steel wire shaft and decorative beads
`slide freely through float contacting the protective
`metal eyelets in either end ol float to produce the
`fish attracting “Rattle Effect."
`ldeal for saltgrass marshes and shallow bays for
`redfish and trout.
`
`-
`
`- High quality stainless shaft will not rust in fresh or
`salt water.
`0 Can be used with live bait or with a number of
`artificials. Jig with plastic shrimp tails. speck rigs
`8. tube lures, or a number of other lures.
`- Has proven to be very effective in Freshwater for
`Black and Striped Bass.
`
`
`
`
`
`7 %w
`
`Round
`cone
`S-IOORR
`1"
`l 1,4" S-l25RR
`1 2:2"
`5.150292
`
`
`
`Cigar
`cone
`1 12" C-l5ORR
`2"
`C-2OORR
`2 1; 2"
`c-2soRt2
`3"
`C-30ORR
`
`
`
`
`
`3ti
`
`Oval
`cone
`3 1/2" O-l50RR
`2"
`O-ZOORR
`2: 2" O-25ORR
`
`Add: R to Stock # for Red - Y for Yellow - G for Green
`
`?i-t!§fl- it :I
`
`Includes all the features above plus:
`
`-
`
`Increases casting distance
`and accuracy while using live bait.
`0 Float sits upright for quicker action.
`.
`' A"°""5 “sfe °f s'“a"°' -‘I93 8‘ '"'°5 f°"
`“"°"° 3°*'°"-
`- Allows live bait to move more freely.
`
`ova‘
`C._QQE
`l 2" WO-ISORR
`WO—2OORR
`2~- Wo_25QRg
`
`1
`2"
`2 ,
`
`c'9a'
`C.Q_D_E
`2 1, 2" WC-25ORR
`3"
`wc—30om2
`
`Rom“,
`QQQE
`l 4" WS«l25RR
`l 2" WS-l5ORR
`
`1
`:
`
`l 2
`PACKAGED: 3 per pkg. "' MASTER PACKED:
`Also Available:
`2:’?
`: —-= :Q:;
`
`net ;:::l~_«' big;
`
`Add: R to Stock # for Red - Y for Yellow - G for Green
`
`.1»;
`
`LA
`
`COMAL TACKLE COMPANY. INC.
`Box6Ot5~BIA\.Ta.n 786I0~l'dephonelSl2l2V5-$118
`
`

`
`
`
`
`“Great for Pier Fishing”
`Solid Braid Cord with 2 X 4
`Cylinder Float and 10'' Aluminum
`Hook
`
`'_
`
`,
`
`N
`
`;‘
`
`J ,1’
`', ~~-*’‘‘’
`
`9.9.51.9
`9 n.
`12 ft.
`15 ff.
`
`C-9
`C-12
`C-l 5
`
`“Wade Fisherman's I elight”
`Solid Bvaid Cord with 3 X 6 Oval Float and
`l0" Aluminum Hook
`
`code
`10 H
`15 fl
`25 1’?
`
`0-} 0
`0-! 5
`O~‘25
`
`“Perfect for that Youngster”
`Solid Braid Cord with 2 X 4 Cylinder Float
`and 4" Needle Point
`
`\
`__
`‘i__ T;
`
`Code
`CN-6
`
`CN-9
`CN-I2
`
`5 n.
`
`9 n.
`
`
`12 n. fiamawlle Emllwewe QQ
`
`Designed to handle “Big Catches.”
`Consfructed of 900 lb. lest Tiller Cable with 10" Aluminum
`Gaff.
`
`Code
`
`H_,o
`H4 5
`
`,0 ,,_
`‘5 f,_
`
`
`
`
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`
`
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`7-‘‘Vl
`
`OM TACKLE COMPANY, INC.
`Taus mono -Tab.-phone (5:1) zos-szza
`
`,
`
`‘\
`
`\
`
`

`
`
`
`PRECISION WEIGHTED FOR
`LONGER CASTING
`POPPING-CHUGGING - HIGH VISIBILITY
`ATTRACTS FISH - MORE DURABLE
`use WITH LIVE on ARTIFICIAL BAIT
`FOR FRESHWATER OR SALTWATER
`
`NEW “WRAP 8: SNAP” ALSO AVAILABLE
`IN REGULAR POPPING FLOAVS
`
`
`
`I{§W“%w&mAW”E&@A&°E$
`
`EASY TO USE
`
`FIXED DEPTH
`‘ T‘-17' III “EIDI
` Wmp lane
`ace 50:91.1! :II-Ms am!
`
`mat» .mo grrieve Repeat
`;.I=‘\cv2durr: at bottom
`
`EASY ON EASY OFF
`
`SLIP FISHING
`'rI‘-st.-II km: 11 ‘ski!
`Snap
`we at top and
`0&3‘:-.r 3101:
`
`Ind r.w-.-Id In vael iosued
`nomh
`
`
`
`WHGR40ORG
`
`WI-IGR400RW
`
`CHECK ‘RRICS: 2151” FOR AN. ‘Es’ v’i.ES CULCIRS -\l‘~iC SIZES 4W‘.|l,.ABLE
`
`37GS
`27WS
`A‘./MLABI F IN -‘ALL me MOSV PC»PUL.~\H
`ST {LES UP »
`":.‘P$’IN(i FI CATS Ki’ ~<l'~~‘:'
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`
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`The Ultimate In F
`Ex!“-IIPh! F-__>I 8:11.‘: F’I“,\II'.'.’SKIo7I 9'. §.1I1wzI:er Cahnnq
`‘INI3 FLUAI
`II-II-b'«S'HER ‘IIUGHI ED
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`' ES -'-. SH!-L:.GW $5»?/“S ‘~:'rP '>1EC3F'ISH
`:DE.'uL FOR ~-‘JIRII CIF,~'
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`[ED 1'Rr)u.*
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`FUN TO USE!
`
`EASY TO USE:
`»’\TT;\CH r\PPRO€"$3IATf-' LEIHC. m LEADEI’-I Io BOTTOM or IHFIASHER
`~.’».'ITH ‘(OUR F.-WORITE-. BAIT II. NE, DE-AU. OR ARTIFICZIALI on AND I;A$T
`JERK VHFIASHER 3 (Ni TIMES AND LET H’ SI? FOR TO ‘.0 SEILLONDS.
`XOR -3
`"ET \/ER? FASI AH?) LE.’ SIT FOR -\I~I—
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`'0 "_«‘¥i—<‘.Cu\zi::3 HEPE Ar rHE SEOLJEMISE
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