BULKY DOCUMENTS
`
`(Exceeds 100 pages)
`
`Filed:
`
`02 04 2011
`
`Title: REGISTRANT’S FIRST AND SECOND NOTICES
`
`OF RELIANCE.
`
`Part
`
`lof 2
`
`
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`3936 S. Semoran Boulevard, Suite 330
`Orlando, Florida 32822-4015
`E-mail: trademarks@briangibbons.com
`
`Telephone:
`Facsimile:
`
`(407) 384-6156
`(407) 384-2601
`
`Box TTAB — No Fee
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`BRG11-103
`
`January 31, 2011
`Via U.S. Mail
`
`@7393 £50
`
`Re:
`
`Terry V. Newman
`Cancellation Proceeding No. 92047809
`
`Dear Sir or Madam:
`
`Enclosed please find Registrant’s First and Second Notices of Reliance.
`
`Should you have any questions, please do not hesitate to contact me.
`
`BRG/ras
`
`Sincerely,
`
`Brian Gibbons, Esq.
`
`|||||ll|l|||ll||i||||l|||||ll|l|I|l|{||||Hl||||||
`
`02-04-2011
`
`“
`
`F'.3.iErC=.
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`53 T.|i|3f:/lll Hail 9:91 BL WE
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`3936 S. Semoran Boulevard, Suite 330
`Orlando, Florida 32822-4015
`E-mail: trademarks@briangibbons.com
`
`Telephone:
`Facsimile:
`
`(407) 384-6156
`(407)384-2601
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`RANDALL A. TERRY,
`
`In the matter of
`
`an individual,
`Petitioner
`
`v.
`
`TROY NEWMAN,
`
`an individual,
`,
`Registrant
`
`Registration No. 3,179,591
`For the mark: OPERATION RESCUE
`
`Registered upon the Principal Register
`On December 5, 2006
`
`Cancellation No. 92047809
`
`REGISTRANT’S FIRST NOTICE OF RELIANCE
`
`Registrant, Troy Newman, hereby makes of record and notifies Petitioner of its reliance
`
`on the following printed publications submitted pursuant to Rule 2.122(e) of the Trademark
`
`Rules of Practice, 37 C.F.R. §2.122(e), TBMP §704.08 and Fed. R. Evid. §401.
`
`EXHIBIT A
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are annexed hereto as Exhibit A.
`
`CERTIFICATE OF MAILING
`
`1
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service as first class
`mail in an envelope addressed to: Commissioner for Trademarks, PO. Box 1451, Alexandria, VA 22313-
`1451 on the date shown below:
`
`‘
`
`By: E‘ j
`
`Print Name: Brian Gibbons
`
`Date of Mailing: January 31, 2011
`
`File:
`Document:
`
`06-283
`OPERATIONRESCUE.28
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 2 of 17
`
`These documents refer to and discuss the history of the rescue movement prior to the existence of
`
`Operation Rescue, and are relevant for the context of the use of the term “rescue” and the issues
`
`of whether the name Operation Rescue points uniquely to Petitioner and whether use of the name
`
`causes a presumption of a connection with Petitioner.
`
`A-1.
`
`A-2.
`
`A-3.
`
`A-4.
`
`A-5.
`
`A-6.
`
`A-7.
`
`A-8.
`
`A-9.
`
`Abortion Protests In 4 Cities, Boston Globe, September 19, 1982;
`
`Anti-Abortionists Bear Tiny Coffin In 3-Mile Walk, Miami Herald (FL), September 18,
`1983;
`
`Pickets Ring Clinic, Rail At Abortion, Miami Herald (FL), September 18, 1983;
`
`Halt Killings, Morning Call (Allentown, PA), August 24, 1984;
`
`Twelve Protesters Go On Trial In Northeast Anti-Abortion Case, Philadelphia Inquirer
`(PA), November 19, 1985;
`
`48 Arrested In Abortion Clinic Protest, Houston Chronicle, March 30, 1986;
`
`30 Convicted In Abortion Protest At Northeast Clinic, Philadelphia Inquirer (PA),
`September 4, 1986;
`
`Anti-Abortion Activist Vows To Press Resistance To Prisons’ Procedures, Sun-Sentinel,
`November 29, 1986;
`
`Radical Rites, http://www.plagal.org/media/genre.html, May 1994 (Retrieved September
`24, 2010);
`
`A-10. Biography of Andrew Burnett, http://www.lifeadvocate.org/bio/andrew/bioandrw.htm
`(Retrieved September 24, 2010);
`
`A-11.
`
`You Reject Them, You Reject Me: The Prison Letters ofJoan Andrews (excerpts),
`Richard Cowden-Guido (editor), 1988; Acknowledgements, pages 33-36, 104-109, 150-
`153; and
`
`_ A-12. Wrath ofAngels, Jarnes Risen and Judy L. Thomas, 1998; pages 167-168.
`
`

`
`BRIAN R. GIBBONS, P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 3 of 17
`
`EXHIBIT B
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are annexed hereto as Exhibit B.
`
`These documents are offered for what they show on their face as to the public perception of the
`
`history of Operation Rescue and Randall Terry, and are relevant to the issues of whether the
`
`Operation Rescue mark is the same as the name previously used by Randall Terry, whether the
`
`name Operation Rescue points uniquely to Petitioner and whether use of the name causes a
`
`presumption of a connection with Petitioner. They are not offered for the truth of the contents
`
`therein.
`
`B-1. Histog; of Operation Rescue, http://en.wikipedia.org/wiki/History_of_Operation_Rescue
`(Retrieved January 26, 2011);
`
`B-2. Operation Save America, http://en.wikipedia.org/wiki/Operation_Save_America
`(Retrieved January 26, 2011); and
`
`B-3.
`
`Randall Tegy, http://en.wikipedia.org/wiki/Randall_Terry (Retrieved January 26, 2011).
`
`EXHIBIT C
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are annexed hereto as Exhibit C.
`
`These documents refer to and discuss the history of Operation Rescue, and are relevant to show
`
`the public perception of the history of Operation Rescue, the association of the name Operation
`
`Rescue with various individuals, and the issues of whether the Operation Rescue mark is the
`
`same as the name previously used by Randall Terry, whether the name Operation Rescue points
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 4 of 17
`
`uniquely to Petitioner and whether use of the name causes a presumption of a connection with
`
`Petitioner. Exhibits C-6 through C-12 focus in part on Keith Tucci; Exhibits C-13 through C-20
`
`focus in part on Philip Benham; Exhibits C-22 through C-28 focus in part on Philip Faustin.
`
`C-1.
`
`C-2.
`
`C-3.
`
`C-4.
`
`C-5.
`
`C-6.
`
`C-7.
`
`C-8.
`
`C-9.
`
`C-10.
`
`C-11.
`
`C-12.
`
`C-13.
`
`C-14.
`
`Wrath ofAngels, James Risen and Judy L. Thomas, 1998; pages 302-314, 317-318, 333-
`335, 357-358, 360;
`
`Debt Closing Operation Rescue’s Base, Founder Says, Seattle Times, January 31, 1990;
`
`Fine Forces Closure Of Operation Rescue, Pantagraph, The (Bloomington, IL), February
`1, 1990;
`
`Anti-Abortion Group to Close Headguarters, New York Times, February 1, 1990;
`
`Anti-Abortion Leader to Change Strategy, Seattle Times, April 15, 1990;
`
`S.C. Base For Anti-Abortion ‘Rescue’ Group, State, The (Columbia, SC), November 23,
`1991;
`
`Changing Strategies Operation Rescue Stockpiles Assets Secretly, State, The (Columbia,
`SC), January 5, 1992;
`
`Back to Basics, World Magazine, November 28, 1992;
`
`A Leader of Protests Against Abortion, Philadelphia Inquirer, The (PA), July 14, 1993;
`
`Operation Rescue Leader Steps Aside For 'New Blood’, Wichita Eagle, The (KS),
`February 8, 1994;
`
`Militant Anti-Abortion Leader Tucci Quits Post With Operation Rescue, St. Paul Pioneer
`Press (MN), February 9, 1994;
`
`Abortion Opponent Quits Post - The Rev. Keith Tucci Had Headed Operation Rescue
`National For Four Years, The Orlando Sentinel, February 9, 1994;
`
`New Operation Rescue Chief Not Taking Easy Road, The Wichita Eagle, February 13,
`1994;
`
`Operation Rescue Changes Name, Watertown Daily Times (NY), April 26, 1999;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 5 of 17
`
`C-15. Randall Tepry Censured By Church, The Washington Post, February 12, 2000;
`
`C-16. Operation Miscue, LA Weekly, April 3, 2002;
`
`C-17.
`
`I Expect A Great Reward’ - Abortion Provider's Killer Is Unrepentant On Eve of
`Execution, Washington Post, September 3, 2003;
`
`C-18. Longtime Abortion Activist Now A 'Mel1owed' Politician, Palm Beach Post, The (FL),
`June 25, 2005;
`
`C-19. Abortion Protest Trouble-Free Clinics Open As Groups Get Their Messages Out,
`Birmingham News (AL), July 17, 2007;
`
`C-20. Editorial: Extremism Is The Threat, Salisbury Post (NC), September 10, 2010;
`
`C-21. The Rhetoric of Operation Rescue, Mark Allen Steiner, 2006; pages 5-12;
`
`C-22. Schroeder Departure a Stunner, Gazette, The (Colorado Springs, C0), November 30,
`1 995;
`
`I C-23. Abortion Access Versus Free Speech - Supreme Court Hears Case On Colorado's 'Bubble'
`Around People Entering, Christian Science Monitor, January 19, 2000;
`
`C-24. Law's Fate Stirs Concern Both Factions Fear Outcome Of Ruling, The Denver Post,
`January 20, 2000;
`
`C-25. Abortion Protests Targeted County Eyes Ban On Home Pickets, The Denver Post, May
`19, 2000;
`
`C-26. Picket Law Gets First Ok Arapahoe Responding To Abortion Protest, The Denver Post,
`May 31, 2000;
`
`C-27.
`
`‘Bubble Law’ Remains Intact Supreme Court Upholds Colorado's 8-Foot Limit On
`Abortion Protesters, Rocky Mountain News (C0), June 29, 2000; and
`
`C-28. Activists Hail Nebraska Law Court Ruling, Rocky Mountain News (C0), June 29, 2000.
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`Cancellation No. 92047809
`
`Page 6 of 17
`
`EXHIBIT D
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are armexed hereto as Exhibit D.
`
`These documents show the public perception of Randall Terry as no longer being associated with
`
`Operation Rescue, and are relevant to the issues of whether the Operation Rescue mark is the
`
`same as the name previously used by Randall Terry, Randall Terry’s fame, whether the name
`
`Operation Rescue points uniquely to Petitioner, and whether use of the name causes a
`
`presumption of a connection with Petitioner.
`
`D-1. Abortion Foes Decide To Tgg Another Tactic Want To Put More Heat On Government
`Officials, San Diego Union, The (CA), August 19, 1990;
`
`D-2.
`
`From The Front Line To The Sideline Ter_ry Keeps Low Profile In Buffalo Protest,
`Wichita Eagle, The (KS), April 22, 1992;
`
`D-3. A Voice Against Abortion Operation Rescue Founder Has Taken To The Airwaves,
`State, The (Columbia, SC), July 15, 1993;
`
`D-4.
`
`Sizing Up A New Target - Randall Tem Steps Down From Operation Rescue To Go On
`The Attack Against Bill Clinton, Chicago Tribune, August 15, 1994;
`
`D-5. Abortion-Rights Advocates Have Alleged a Conspiracy, But the Jury Is Still Out, US.
`News & World Report, November 14, 1994;
`
`D-6.
`
`The Roots of Terror — A Special Reports, Is Abortion Violence a Plot? Conspiracy Is Not
`Confirmed, New York Times, June 18, 1995;
`
`D-7. Whatever Happened to Clinic Protests?, Citizen, August 26, 1996;
`
`D-8. Randall Tepry Settles NOW v. Scheidler Lawsuit, Life Advocate, January/February 1998;
`
`D-9.
`
`I Putting Aside Protest for Politics; Militant Abortion Foe Seeks G.O.P. Nod for Congress,
`New York Times, July 27, 1998;
`
`

`
`1 BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 7 of 17
`
`D-10.
`
`D-11.
`
`D-12.
`
`D-13.
`
`D-14.
`
`D-15.
`
`Metro News Briefs: New York,‘ An Anti-Abortion Leader Files for Bankruptcy, New York
`Times, November 8, 1998;
`
`Teens Give New Life to Operation Rescue, Los Angeles Times, October 12, 1998;
`
`Operation Rescue Founder Bankrupt, Life Advocate, January/February 1999;
`
`Where Are They Now?, The Wichita Eagle, July 13, 2001;
`
`Icon for Abortion Protesters Is Looking for a Second Act, New York Times, July 20, 2001;
`
`Followers Thinning For Anti—Abortion Militant Randall Tepry Once Drew Hundreds
`Locally, But Rallied Few In Protest At Jones Institute, Virginian-Pilot, The flVorfolk, VA),
`August 2, 2001;
`
`D-16.
`
`Fallen Anti-Abortion Leader Tries To Rebound With Stem-Cell Debate - Some Former
`
`Allies Say He Sguandered His Credibilig By Leaving His Wife, Grand Rapids Press,
`The (M1), August 5, 2001;
`‘
`
`D-17.
`
`D-18.
`
`D-19.
`
`D-20.
`
`Bgy Manilow Got Saved: Randall Tem Makes a Comeback, 0ldSpeak, February 10,
`2003;
`
`Abortion Foe Tries For Comeback Fighting Gay Unions, Wichita Eagle, The (KS),
`August 17, 2003;
`
`Planned Parenthood Dismissive Of Protest Tactics, Sioux City Journal (IA), November
`22, 2003;
`
`Ter_ry: Abortion, Homosexuality Remain An Affront To America, Sioux City Journal
`(IA), November 22, 2003;
`
`. Operation Rescue Founder Discards Strident Approach, Des Moines Register, November
`23, 2003 ;
`
`D-22.
`
`D-23.
`
`Please Remove Randall’s Feeding Tube, Operation Save America;
`http://www.operationsaveamerica.org/articles/articles/please-remove-randalls-feeding-
`tube.htm (Retrieved June 25, 2008);
`
`RandallTerryLive. org (Archive.org February 1, 2004 backup of
`www.randallterrylive.org/), Retrieved January 21, 2011;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 8 of 17
`
`D-24. Conservatives Invoke Case in Fund-Raising Campaigns, New York Times, March 25,
`2005;
`
`D-25. Voice For Schindlers Shaped By Activism, St. Petersburg Times (FL), March 29, 2005;
`
`D-26. Letter from Mother Theresa, RandallTerry. com (Archive.org April 22, 2006 backup of
`www.randal1terry.com/MotherTheresa/), Retrieved January 21, 2011;
`
`D-27. Randall Tepry's Latest Protest Targets Giuliani, Post-Standard, The (Syracuse, N1’),
`January 22, 2008;
`
`D-28. He’s Back: Anti-Abortion Crusader Randall Tepy Leads the Protests at Notre Dame,
`ABC News, May 17, 2009;
`
`D-29. Old Mission, New Life - Randall Tepry Wants To Lead Rebirth Of Antiabortion Fight,
`Washington Post, The (DC), July 15, 2009;
`
`D-30. Anti-Abortion Activist Kicks Off Tour In Roanoke, Roanoke Times, The (VA), August
`22, 2009;
`
`D-31. Randall Tepry’s Tired Act, Catholic Culture, November 6, 2009;
`
`D-32. Operation Rescue, New York Times. June 1, 2009; http://topics.nytimes.com/top/
`reference/timestopics/organizations/0/operation_rescue/index.html (Retrieved Januaxy 31,
`2011);
`
`D—33. Corrections, Washington Post, September 16, 2010; and
`
`D-34. Anti-Abortion Activist to Run for President, TV- WTOL, January 20, 2011.
`
`EXHIBIT E
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are annexed hereto as Exhibit E.
`
`These documents relate or refer to the use of the Operation Rescue mark by Registrant, and are
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 9 of 17
`
`relevant to the issues of whether the name Operation Rescue points uniquely to Petitioner and
`
`whether use of the name causes a presumption of a connection with Petitioner.
`
`E-1.
`
`E-2.
`
`E-3.
`
`E-4.
`
`E-5.
`
`E—6.
`
`Who We Are: Operation Rescue, http://www.operationrescue.org/about-us/who-we-are/
`(Retrieved January 28, 2011);
`
`History: Operation Rescue, http://www.operationrescue.org/about-us/history/ (Retrieved
`January 28, 2011);
`
`Operation Rescue Protests in L.B, Long Beach Press-Telegram, April 2, 1999;
`
`54 Fetuses Draw Tears at Memorial Service, The Press-Enterprise, April 3, 1999;
`
`Last-Minute Rule Busts Pro-Lifers, WorldNetDaily, April 28, 2000;
`
`Their Blood Cries Out, Troy Newman with Cheryl Sullenger, 2001;
`
`E-7.
`
`California Orders HMOS to Cover Morning After.Pill, CNN, March 27, 2002;
`
`E-8.
`
`E-9.
`
`E-10.
`
`E-11.
`
`E-12.
`
`E-13.
`
`E-14.
`
`E-15.
`
`E-16.
`
`E-17.
`
`Protesters T9; to Disrupt Abortion-Rights News Conference, The Wichita Eagle, August
`16, 2002;
`
`Truck’s Graphic Images Take Aim at Abortions, The Wichita Eagle, August 19, 2002;
`
`Abortion Foes Celebrate New Ruling, The Wichita Eagle, March 1, 2003;
`
`Abortion Foes Win 17-Year Battle over Clinic Protests, The Wichita Eagle, February 27,
`2003;
`
`Both Camps on Abortion to Mark Roe V. Wade, The Wichita Eagle, January 20, 2004;
`
`Bel Aire Tickets Anti-Abortion ‘Truth Truck’, The Wichita Eagle, January 21, 2004;
`
`Abortion Foes Pledge to Block ‘Deadly Deeds’, The Wichita Eagle, January 23, 2004;
`
`Abortion Protester Arrested at Clinic, The Wichita Eagle, January 22, 2005;
`
`Hotel Forbids Abortion Clinic to Use Rooms, The Wichita Eagle, February 4, 2005;
`
`Operation Rescue Files Grand Jury Petition, The Wichita Eagle, April 8, 2006;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 10 of 17
`
`E-18.
`
`E-19.
`
`E-20.
`
`E-21.
`
`Operation Rescue Buys, Closes Clinic, The Wichita Eagle, June 30, 2006;
`
`Protests Target Clinic, DA’s Office, The Wichita Eagle, January 20, 2007;
`
`Abortion Battlefield Changing, The Wichita Eagle, January 22, 2008;
`
`Late-Term Abortions Are Not Meeting Kansas Law, The Wichita Eagle, February 5,
`
`2008;
`
`E-22.
`
`The Abortionist and His No. 1 Foe, CNN, October 27, 2009; and
`
`E—23.
`
`
`On Trial’s Sidelines Abortion Foes Are Divided, The New York Times, January 11, 2010.
`
`EXHIBIT F
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are armexed hereto as Exhibit F.
`
`These documents relate or refer to other spokespersons and CEOs associated with various
`
`trademarks, and are relevant to the issues of whether the name Operation Rescue points uniquely
`
`to Petitioner and whether use of the name causes a presumption of a connection with Petitioner.
`
`F-1.
`
`F-2.
`
`F-3.
`
`F-4.
`
`Bill Gates Steps Down as Microsoft CEO, ZDNet UK, January 14, 2000;
`http://www.zdnet.co.uk/news/it-strategy/2000/01/14/bi1l-gates-steps-down-as-microsoft-
`ceo-20763l3/ (Retrieved January 18, 2011);
`
`Iacocca Back in Chrysler Commercials, The Car Connection, July 7, 2005;
`http://www.thecarconnection.com/tips-article/1007598_iacocca-back-in-ch1ysler-
`commercials (Retrieved January 18, 2011);
`
`Jack Welch, Answers. com (excerpt); http://wvvw.answers.com/topic/j ack-welch
`(Retrieved January 18, 2011);
`
`Apple's Steve Jobs Takes Medical Leave, Charlotte Examiner (NC), January 17, 2011;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 11 of17
`
`F-5 .
`
`Steve Jobs Medical Leave: Experts Speculate But Apple Quiet, Los Angeles Times,
`January 17, 2011;
`
`F-6. What Happens to Apple Without Steve Jobs?, International Business Times, January 18,
`2011;
`,
`
`F-7.
`
`Cosby to Speak At Boys & Girls Club Conference, WXIA-TVAtlanta, May 14, 2009;
`
`F-8.
`
`F—9.
`
`Priceline.com’s William Shatner Makes AOL’s List of Top Celebrigg Spokespeople of
`All Time, BusinessWire, August 20, 2008;
`
`In An Emergency Role, Thomas Dons Apron Again, Miami Herald, The (FL), December
`21, 1999; and
`
`F-10. Recent Losses in TV, AOL PopEater, April 12, 2010.
`
`EXHIBIT G
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are annexed hereto as Exhibit G.
`
`These documents relate or refer to the use of the term “operation” as a military signifier, and are
`
`relevant to the context of the choice of the name Operation Rescue and the issues of whether the
`
`name Operation Rescue points uniquely to Petitioner and whether use of the name causes a
`
`presumption of a connection with Petitioner.
`
`G-1. Operation, http://dictionary.reference.com/browse/operation (Retrieved January 12,
`2011);
`
`G-2. Militagg Operations: Calling the Shots, The Independent, February 24, 2010;
`
`G-3. War in Irag Will Be Called ‘Operation New Dawn’ to Reflect Reduced U.S. ‘Role,
`Washington Post, February 19, 2010; and
`
`G-4. -
`
`In Choosing Its Battle Names, The Military Must Know Its Target Audience, Washington
`Post, March 20, 2010.
`.
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 12 of17
`
`EXHIBIT H
`
`True and correct copies of the following printed publications from newspapers,
`
`periodicals, books or websites available to the general public are annexed hereto as Exhibit H.
`
`These documents relate or refer to the use of the name Operation Rescue by third parties, and are
`
`relevant to the issues of whether the name Operation Rescue points uniquely to Petitioner and
`
`whether use of the name causes a presumption of a connection with Petitioner.
`
`H-1.
`
`H-2.
`
`H-3.
`
`H-4.
`
`H-5.
`
`H-6.
`
`H-8.
`
`H-9.
`
`H-10.
`
`Operation: Rescue, Heather David, 1971;
`
`Helping Out The Boat People - Houston Operation Provides Food, Medical Aid To
`Refugees, The Dallas Morning News, August 27, 1984;
`
`Leader of Original Operation Rescue Seeks POWs, MIAs, The Orange County Register,
`April 23, 1989;
`
`What's in Name? Enough to Protect, MIA Chief Says : Organizations: The Original
`Operation Rescue, Formed in 1981 to Resolve the Status of Missing U.S. Servicemen,
`Wants the Anti-Abortion Group to Find Something Else to Call Itself, Los Angeles Times,
`June 17, 1990;
`
`Operation Rescue 11 Picnic to Benefit Veterans, Service Members and Families,
`http://webs.calumet.purdue.edu/news/2010/08/05/operation-rescue-ii/, August 5, 2010;
`
`Sears Coupon Gives 10-20% Off for Operation Rescue Donation,
`http://www.walletpop.com/2010/02/02/sears-coupon-fob10-20-off/, February 2, 2010;
`
`New State Program Helps Veterans Receive Their Diplomas, Staten Island Advance (NY),
`January 20, 2001;
`
`Fightingi a War, and Getting a Diploma, Wellington Daily News (KS), May 22, 2001;
`
`Operation Rescue Offers Diplomas To Veterans, Reporter, The (Vacaville, CA), January
`23, 2007;
`
`US, Mexico Reduce People Smuggling, Eastern Arizona Courier (Safford, AZ), June 14,
`2003;
`‘
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 13 of17
`
`H-ll.
`
`H-l2.
`
`H-13
`
`H-14.
`
`H-15.
`
`H-16.
`
`H-l7.
`
`H-18.
`
`H-19.
`
`H—20.
`
`H-21.
`
`H-22.
`
`H-23.
`
`H-24.
`
`H-25.
`
`Guard Undertakes Drill In Romania - Knoxville-Based Unit Copes With Mock Disaster
`Situation, The Knoxville News-Sentinel, July 30, 2000;
`
`With Black Hawks Down, Rescuers‘ Dander Up, Rocky Mountain News (C0), January
`18, 2002;
`
`‘Jet Crash’ Gives Rescue Workers A Quick Education, The Record (New Jersey), May
`16, 1993;
`
`Fake Disaster 'Victims' Rescued At FAA, Press ofAtlantic City, The. (NJ), August 22,
`1993;
`
`Firehouse Project Underway, Daily Gazette, The (Schenectady, NY), May 26, 2001;
`
`Storms Spawn Deadly Tornadoes, News-Sentinel, The (Fort Wayne, IN), November 11,
`2002;
`
`Suspicious Substance, Commercial Appeal, The (Memphis, TN), February 13, 2007;
`
`Ex-Gould Residents Concerned About Fires, City Issues, Pine BluffCommercial (AR),
`September 11, 2010;
`
`Resident Says Old Funeral Home Has Become Hazard, Times and Democrat, The
`(Orangeburg, SC), October 21, 2010;
`
`Women, 93, Critically Injured in House Fire ~ Cranford Mailman and Two Officers are
`Treated at Hospital after Rescue, Star-Ledger, The (Newark, N0, March 19, 2004;
`
`Not Much — Empg Homes Hint at Fewer Deaths
`Door-to-Door Searches Turning Up
`in Lower 9"‘ Ward, Times-Picayune, The (New Orleans, LA), September 10, 2005;
`
`Baltimore To Hold Terror Exercise in Subway, Capital, The (Annapolis, MD), November
`12, 2005;
`
`Arundel Digest, Maryland Gazette, The (Glen Burnie, MD), March 13, 2010;
`
`Child-Pom Sweep Nets Another Arrest - Savannah Man Now Among Three Arrested In
`Region, Savannah Morning News (GA), January 14, 2010;
`
`Newmarket Child Porn Suspect Waives Preliminary Hearing, Foster ’s Daily Democrat
`(Dover, NH), April 13, 2010;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 14 of 17
`
`H-26.
`
`H-27.
`
`Son Of Former Cig Councilor Honored By President Clinton, Union-News (Springfield
`AM), December 21, 1994;
`
`Students Send Help To Haiti, The Miami Herald, March 31, 2004;
`
`H-28.
`
`EARTH UAKE IN HAITI Haitian-Americans Grieve And Wait’ Grou s Launch Aid
`
`Efforts As They Frantically Tg To Contact Relatives, Houston Chronicle (TX), January
`1 4, 201 0;
`
`H-29.
`
`H-30.
`
`H-31.
`
`H-32.
`
`H-33.
`
`H-34.
`
`H-35.
`
`H-36.
`
`H-37.
`
`H-38.
`
`H-39.
`
`H-40.
`
`Billionaire Ted Turner Aids Auburn Family's Haitian Rescue Effort, Auburn Journal, The
`(CA), January 19, 2010;
`
`Kids In Poorest Province No Longer Hunger Victims, The Miami Herald, October 7,
`2003;
`
`Operation Rescue Liberia, http://prayculpeper.org/operation-rescue-liberia/, December
`19, 2007;
`
`‘
`Butch Mills to Speak at Operation Rescue Liberia Rally,
`http://marchingthroughculpeper.com/butch-mills—to-speak-at-operation-rescue-liberia-
`rally/, February 19, 2008;
`
`Operation Rescue.ch, http://www.operationrescue.ch (Retrieved January 28, 2011);
`
`YWEA Operation Rescue Overview video, http://www.soundofnepal.com/videos/Video/
`myuJpP3ivEE/YWEA-Operation-Rescue-Overview.html (Retrieved January 27, 2011);
`
`Operation Rescue the Children, http://wvvw.rescuechild.org (Retrieved January 28, 2011);
`
`Briefs: Big Dog Donates To 9/ ll Charities, Ventura County Star (CA), April 27, 2002;
`
`Little Church With A Big Heart - Evangel Power Chapel Reaches Out To Homeless
`Community, Houston Chronicle, January 8, 2004;
`
`Bone Marrow Drives, Tsunami Fund-Raisers Prompted Generosity, World, The (Coos
`Bay, OR), December 31, 2005;
`
`Church Collecting Gear For Students, Richmond County Daily Journal (Rockingham,
`NC), July 28, 2009;
`
`3 Churches Join To Feed Families In Need - Orange Cigg-Debgry Food Bank Welcomes
`Contributions, The Orlando Sentinel, July 17, 1999;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 15 ofl7
`
`H-41.
`
`H-42.
`
`H-43.
`
`H-44.
`
`H-45.
`
`H-46.
`
`H-47.
`
`H-48.
`
`H-49.
`
`H-50.
`
`H-51.
`
`H-52.
`
`H-53.
`
`H-54.
`
`H-55.
`
`H—56.
`
`H-57.
`
`Gifts Supply a Little Hope, Chicago Sun-Times, August 7, 2000;
`
`Rescue Mission Launches Building Campaign, Herald-Sun, The (Durham, NC), May 18,
`2001;
`
`Initiative Targets Sidewalk Sleepers - Dallas: Homeless People To Be Shifted To Shelters
`In ‘Operation Rescue’, Dallas Morning News, The (T./X0, September 13, 2007;
`
`More Kids Calling Shelters Home: Operation Rescue, Oklahoma Observer, June 25,
`2009;
`
`Protests Of Cuba Policy Draw Little Support, St. Petersburg Times, May 13, 1995;
`
`Truck Drivers You Hold The Power - To Effect Change, Sports & Recreation Examiner
`(USA), June 15, 2010;
`
`Operation “Rescue the American Dream”, http://www.projectworldawareness.com/20l 0/
`05/operation-rescue-the-american-dream] (Retrieved January 31, 2011);
`
`The Communig Partnership: Operation Rescue, Journal ofNegro Education, Vol. 60,
`No. 3 (1991);
`
`Operation Rescue [Olive Lilian Groom], http://www.amazon.corn/OPERATION-
`RESCUE-OLIVE-LILIAN-GROOM/dp/B0000CK6CQ (Retrieved January 28, 2011);
`
`Operation Rescue, Rev. Charles L. Koester, 1979;
`
`Operation Rescue: Satellite Maintenance and Repair, D. J. Herda, 1990;
`
`Operation Rescue: The Senator’s Daughter, http://wvvw.amazon.com/Operation-Rescue-
`Cynthia-VanRooy/dp/1590250044 (Retrieved January 28, 2011);
`
`Operation: Rescue, Anne Woodard, 2008;
`
`Rescue in Baghdad, Brazil-Arab News Agency, April 25, 2010;
`
`DuPage Residents Tgg To Turn Tide On Floods, Daily Herald, July 19, 1996;
`
`Operation Rescue, Watertown Daily Times (NY), March 6, 1999;
`
`Kids Tackle Amphibious Rescue Effort, Delaware State News (Dover, DE), June 23,
`2005;
`
`

`
`BRIAN R. GIBBONS,P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 16 of17
`
`H—58. Dogs, Cats Torn From Owners By Hurricane Arrive At LAX, Daily Breeze (Torrance,
`CA), September 21, 2005;
`
`H-59. Mortarboard Rebel Finally Gets Diploma, San Diego Union-Tribune, The (CA), June 27,
`2006;
`
`H-60. Extra!, Rocky Mountain News (CO), September 24, 2008;
`
`H-61. Special Report: Operation Rescue, Oprah. corn, May 12, 2009; and
`
`H—62. Sports, Daily Gazette, The (Schenectady, NY), May 11, 2010
`
`Respectfully submitted,
`
`31“O
`
` nA 01/31/11
`
`Brian R. Gibbons
`
`Date
`
`Attorney for Registrant
`
`3936 s. Semoran Blvd, Suite 330
`Orlando, FL 32822-4015
`
`Phone: (407) 384-6156
`Fax: (407) 384-2601
`
`

`
`BRIAN R. GIBBONS, P.A.
`
`Attorney at Law
`
`First Notice of Reliance
`
`Cancellation No. 92047809
`
`Page 17 of17
`
`, CERTIFICATE OF SERVICE
`
`is being
`I hereby certify that a true and accurate copy of the foregoing document
`deposited with the United States Postal Service as first class mail, postage prepaid,
`in an
`envelope addressed to Michael Culver, Millen, White, Selano & Branigan, PC, 2200 Clarendon
`Road, Suite 1400, Arlington, VA 22201, this 315‘ day of January, 2011.
`'
`
`3....‘'
`
`,£J;QQe.....
`
`Brian R. Gibbons
`
`Attorney for Registrant
`
`3936 S. Semoran Blvd, Suite 330
`
`Orlando, FL 32822-4015
`
`Phone: (407) 384-6156
`Fax: (407) 384-2601
`
`

`
`RANDALL A. TERRY,
`an individual,
`
`Petitioner
`
`V.
`
`TROY NEWMAN,
`an individfial,
`
`In the matter of
`
`Registration No. 3,179,591
`For the mark: OPERATION RESCUE
`
`Registered upon the Principal Register
`On December 5, 2006
`
`Cancellation No. 92047809
`
`Registrant
`
`REGISTRANT’S FIRST NOTICE OF
`RELIANCE
`
`Exhibit A
`
`

`
`flmtesefmk fiiewspapem
`
`ABORTION IEROTESTS IN 4 CITIES
`Boston Globe — Sunday, September 19, 1982
`Author: (AP)
`
`Demonstrators in four cities walked picket lines - some carrying black balloons or handing out leaflets — to protest
`abortion, but the number of groups taking part appeared to fall short of the 200 to 300 predicted by organizers. No
`disturbances were reported at rallies in Pittsburgh, New York, Connecticut and New Jersey. The rallies were planned
`as a "national day of rescue" at a meeting in Cherry Hill, N.J., last July. Joe Scheidler of the Pro-Life Action League
`Committee in Chicago said last week some 200 to 300 groups were expected to take part.
`
`Edition: FIRST
`Section: RUN OF PAPER
`Page: ?????
`Dateline: NEW YORK
`Record Number: 8302090215
`Copyright 1982, 2001 Globe Newspaper Company
`
`http://infoweb.newsbankcom/iw-search/we/InfoWeb
`
`1/28/2011 10:33 AM
`
`

`
` .:..¢.
`
`fimerfcas fi§$Efé?$$@,@8§“f$’*
`
`SJNTI-ABORTIONISTS BEARTINY COFFIN IN 3-MILE WALK
`Miami Herald, The (FL) - Sunday, September 18, 1983
`Author: LISA HOFFMAN Herald Staff Writer
`
`They followed a black hearse in the mid-morning sun Saturday, behind well-scrubbed but serious children carrying a
`tiny white coffin. They were walking, they said, for life not death.
`
`More than 150 Palm Beach and Broward county residents, a third of them children, gathered at 9 a.m. in front of St.
`Ambrose Catholic Church in Deerfield Beach to begin a three-mile walk to proclaim their abhorrence of abortion.
`"We won't quit. We won't stop marching. We won't stop saving babies from abortion," exhorted Jim Daly, president of
`Gold Coast Right to Life, the anti-abortion group that organized the march.
`
`'
`
`3
`
`Friends for Life, a Chicago-based anti-abortion group, declared Saturday a "National Day of Rescue" and urged
`supporters around the country to show their strength in rallies and marches. Also in South Florida, about 30 marched in
`suburban Dade County.
`
`"Marching for unborn children is about the best thing anyone can do on a Saturday morning," Broward Right to Life
`President Marsha Fleming told the crowd in the church parking lot before the walk started.
`It was an orderly 1 1/2-hour hike north on Federal Highway to Sanborn Square Park in Boca Raton. It was led by the
`hearse, four blonde girls carrying a coffin topped with artificial roses and an American flag on which was superimposed
`the silhouette of a fetus.
`The 85-degree heat, intensified by the blacktop, quickly soaked most backs in sweat. No one complained.
`"Give life a chance," they sang. "Choose life, end abortion," they chanted. Most carried black and white signs that read
`"Save all the children."
`
`The morning's only casualty was a Boca Raton police car that overheated.
`
`When the marchers passed the Deerfield Medical Center, where abortions are performed, they encountered seven
`members of the Broward Chapter of the National Organization for Women (NOW), carrying "pro-choice" signs. The
`two groups hurled slogans at each other but tempers stayed cool.
`
`"We're here because we want to ensure the right to choose whether to have an abortion or not," said NOW member
`Nancy Pantz of Plantation. "Intimidation or hanging a guilt trip on a woman doesn't allow a choice."
`
`: The marchers also stopped in front of the offices of Dr. Robert M. Livingston on SE Third Street in Boca Raton, who
`march organizers said runs an "abortion mill." The offices were locked and no one answered a knock on the door.
`Livingston did not return phone calls from The Herald.
`
`''It is a Christian responsibility, if someone owns a building, not to rent to abortionists," said Jim Hairson, the president
`of Omega, another Broward anti-abortion group.
`Sipping a soda in Sanborn Square after the march, 13-year- old Eric Pulskamp of Pompano Beach said he "felt really
`good."
`''I don't want anyone killing babies. I want a law to stop that. That's why I came here," said Pulskamp as his parents
`smiled.
`Caption: photo: abortion with anti-bortion demonstrators (2)
`
`‘
`
`’
`
`http://infoweb.newsbank.com/iw-search/we/InfoWeb
`
`1/28/2011 10:35 AM
`
`

`
`Memo: also in BRWRD
`
`Edition: PLMBCH
`Section: PLM BCH
`Page: 5PB
`Index Terms: PROTEST PLM BCH
`Record Number: 8303140897
`Copyright (c) 1983 The Miami Herald
`
`1
`3
`‘
`1
`3
`3?
`
`http://infoweb.newsbank.com/iw-search/we/lnfoWeb
`
`1/23/2011 10; 3 5 AM
`
`

`
`
`
`A§?§@§"§€&'$ Newspapers
`
`§MF:lCKETS RING CLINIC, RAIL AT ABORTION
`Miami Herald, The (FL) - S