TTAB
`
`A 7'14
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`30 I
`
`Cancellation No. 92047809
`Registration No. 3179591
`Mark: OPERATION RESCUE
`
`) )
`
`)
`
`)
`)
`)
`)
`)
`
`) )
`
`RANDALL A. TERRY
`
`Petitioner
`
`v.
`
`TROY NEWMAN
`
`Registrant
`
`) P
`
`ETITIONER’S NOTICE OF RELIANCE
`
`
`
`Pursuant to 37 C.F.R. § 2.122(e), Petitioner hereby gives notice of reliance that it
`
`intends to rely on the following evidence:
`
`Copies of the following printed publications from newspapers, periodicals,
`
`websites, and books available to the general public in libraries or of general circulation
`
`among members of the public, or that segment of the public which is relevant to this
`
`proceeding, to establish a connection and continuing association between Petitioner and
`
`the name “Operation Rescue” which is the wording that is the subj ect of this proceeding.
`
`1.
`
`Whois data for randallaterry.com from the website networkso1utions.com, as
`
`noted on the web pages.
`
`2.
`
`Whois data for randallterryforpresident.com from the website godaddy.com, as
`
`noted on the web pages.
`
`1
`
`3.
`
`4.
`
`5.
`
`The home page at orcolo.com, as noted on the web pages.
`
`Abortion Protestors Outnumbered in Denver, New York Times, August 14, 1993.
`
`Web pages from orboston.org, as noted on the web pages.
`
`1ll|||||ll|| lllllllllllllllIllllllllllllllllllllll
`
`04-18-2011
`
`I_'.
`
`Faierl
`
`.i.T1‘[|fr:/Tllllail Rcpl D1,
`
`

`
`6.
`
`7.
`
`Web pages from operationrescue.org, as noted on the web pages.
`
`Feeding-tube Dispute a Textbook Case of Activism: E-mail Volume Shut Down
`
`Fla. Legislature’s Internet Server, Sunday Gazette-Mail, November 9, 2003.
`
`9.
`
`Anti-Abortion Rally Draws Dozens, Dayton Daily News, January 20, 2004.
`
`10.
`
`Justices to Hear Abortion Protest Case, Washington Post, April 23, 2002.
`
`11.
`
`Analysis: Oral Arguments Before Supreme Court on Whether Clinics Can Sue for
`
`Damages from Anti-Abortion Demonstrators, NPR, All Things Considered, December 4,
`
`2002.
`
`12.
`
`Activist Uses Schiavo Case in Race for State Senate, Orlando Sentinel, April 15,
`
`2006.
`
`13.
`
`Analysis: Anti-Abortion Movement Throwing their Support Behind the Parents of
`
`Terri Schiavo, NPR Morning Edition, November 6, 2003.
`
`14.
`
`Candidate Pins Florida Senate Campaign on Web Videos, Orlando Sentinel, July
`
`25, 2006.
`
`15.
`
`Randall Terry Back in CNY; Once Big-time Abortion Protest Leader Finds Much
`
`Has Changed on New Tour, Post-Standard, April 23, 2009.
`
`16.
`
`Abortion Opponent Opposes Gay Marriages, AP Online, August 16, 2003.
`
`17.
`
`Rally could draw 3,000 from Across Minnesota; Abortion Rights Supporters head
`
`for Sunday’s Rally in Washington, D.C., Star Tribune, April 23, 2004.
`
`18.
`
`Abortion Activists to Converge in D.C.. Sunday-Gazette Mail, April 25, 2004.
`
`19.
`
`Local News Briefs Abortion Foe Recruits Activists at Local Event, Buffalo
`
`News, October 12, 2007.
`
`20.
`
`Abortion Protestors March on Wichita, Telegraph-Herald, July 17, 2001.
`
`

`
`21.
`
`Abortion protests Return to Better-Prepared City; Wichita Aims to Avoid Replay
`
`of 1991 Uproar, Washington Post, July 15, 2001.
`
`22.
`
`Randall Terry Converts, Catholic Insight, July 1, 2006.
`
`23. Webpage from nytimes.com, as noted on the page.
`
`Date: April 18, 2011
`
`l
`By: [2 I‘ (M
`Michael S. Culver
`
`Millen, White, Zelano & Branigan, P.C.
`2200 Clarendon Blvd., Suite 1400
`
`Arlington, Virginia 22201
`Phone (703) 243-6333
`Fax : (703) 243-6410
`Email: culver@,mwzb.com
`Attorneys for Petitioner
`
`Certificate of Service
`
`This is to certify that a copy of the foregoing was served this 18*“ day of April
`2011 by first-class mail, postage prepaid, on the following:
`
`Brian R. Gibbons, Esq.
`Suite 300
`
`3936 South Semoran Blvd.
`
`Orlando, Florida 32822-4015
`
`By:
`
`flffi/an-flg
`
`Attorney for Petitioner
`
`

`
`randallaterry.com WHOIS domain registration information from Network Solutions
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`Registrant:
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`po box 2715
`blue jay, California 92317
`United States
`
`Registered through: GoDaddy.com,
`Domain Name: RANDALLATERRY.COM
`Created on: 10-Jan-11
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`Inc.
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`http://www.networksolutions.com/whois-search/randallaterry.com
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`randa1laterry.com WHOIS domain registration information from Network Solutions
`Administrative Contact:
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`Page 3 of 4
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`newman.troy@gmail.com
`
`jeff
`white,
`po box 2715
`blue jay, California 92317
`United States
`+1.9097444479
`
`Fax --
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`Technical Contact:
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`Fax --
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`
`The data contained in GoDaddy.com, Inc.'s WHOIS database,
`while believed by the company to be reliable, is provided "as is"
`with no guarantee orwarranties regarding its accuracy. This
`information is provided for the sole purpose of assisting you
`in obtaining information about domain name registration records.
`Any use of this data for any other purpose is expressly forbidden without the priorwritten
`permission of GoDaddy.com, Inc. By submitting an inquiry,
`you agree to these terms of usage and limitations of warranty. in particular,
`you agree not to use this data to allow, enable, or otherwise make possible,
`dissemination or collection of this data, in part or in its entirety, for any
`purpose, such as the transmission of unsolicited advertising and
`solicitations of any kind, including spam. You further agree
`not to use this data to enable high volume, automated or robotic electronic
`processes designed to collect or compile this data for any purpose,
`including mining this data foryour own personal or commercial purposes.
`
`Please note: the registrant ol the domain name is specified
`in the "registrant" field. in most cases, GoDaddy.com, Inc.
`is not the registrant of domain names listed in this database.
`
`Registrant:
`jefi white
`po box 2?15
`blue jay, California 92317
`United States
`
`Registered through: GoDaddy.com, Inc. (hnp:iiwww.godaddy.con1)
`Domain Name: RAIJDALLTERRYFORPRESIDEI-.lT.C0lvl
`Created on: 23-Nov-10
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`po box 2715
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`
`Operation Rescue Colorado
`
`Page 1 of 2
`
`Operation Rescue Colorado
`
`Operation Rescue Colorado is dedicated to the protection of children in the womb and their mothers who are
`exploited by abortion.
`
`We work in every way we can to manifest the truth of God concerning abortion. Amongst other efforts, we work
`through a physical presence at abortion mills, educational campaigns at schools and the Life Connection
`Newsletter, InfoLine and InfoFax.
`
`Join the Picket!
`
`Healthy Futures for Women
`
`Newsletters:
`
`December 2010
`
`Fall 2010
`
`Spring 2010
`
`December 2009
`
`Fall 2009
`
`Spring 2009
`
`December 2008
`
`Fall 2008
`
`Spring 2008
`
`December 2007
`
`Fall 2007
`
`Spring 2007
`
`December 2006
`
`Tribute to Phil Harrison January 30, 1925 - April 2, 2009
`
`About Randall Tergy
`
`http://orcolo.com/
`
`l/27/2011
`
`

`
`Operation Rescue Colorado
`
`Page 2 of 2
`
`Statement on Colorado Right to Life and Operation Save America
`
`Life Connection InfoLine
`
`The Life Connection InfoLine is a source of recorded messages on life issues available 24 hours a day.
`
`Information is available to help those in a crisis pregnancy and those who have been hurt by abortion.
`
`Much is also available to help the seasoned prolifer to be a better witness and activist.
`
`303-237-4146
`
`The Cohen / Womack Project
`
`If we are going to impact our society in regard to abortion, we must show that we care. We must put feet to our
`prayers. Over 40 children in the womb are killed every working day in Colorado.
`
`255 Union Blvd.
`
`Lakewood, Colorado
`
`Our present schedule is as follows.
`
`Every Monday - 11:00 a.m. to 12:00 p.m.
`
`BEHAVIOR: Act as Jesus would. Pray and ask God to convict by His Holy Spirit. Be repentant and have an
`attitude of humility; this holocaust resulted from our apathy. Be peaceful and non-violent in word and deed.
`
`E-Mail us a note. We welcome your comments and questions.
`
`0) “J3 9*} gr} I)" says you are visitor 1 1 5 1 5 since January 1, 1995.
`
`Last modified December 18, 2010
`
`Her
`
`' s where our web
`
`es are hosted. Ver
`
`od and che
`
`l-lealthv Futures for Women
`
`http://orcolo.com/
`
`1 /27/2011
`
`

`
`Abortion Protesters Outnumbered in Denver - New York Times
`
`Page 1 of 1
`
`U S
`Elyrficttvflork t!";”tmcs
`
`
`Abortion Protesters Outnumbered in Denver
`By DIRK .3OI»lNSON
`F'ubl%shed' August 14, 1993
`
`ENGLEWOOD, Colo., Aug. 13 — Hoisting placards that reviled a doctor who performs abortions here as a killer, about 40 members of
`Operation Rescue marched and kneeled in prayer on the sidewalks outside the Swedish Medical Center here today.
`
`But they were outnumbered by more than 2 to 1 by others with signs that declared, "This clinic stays open."
`
`9 The anti-abortion group had relished the visit by Pope John Paul II and 150,000 Roman Catholics as a rare chance to muster huge protests at
`clinics in the Denver area.
`
`Instead, the rather lonely protest today amounted to the latest setback for Operation Rescue, whose demonstrations around the country this
`summer were also poorly attended. Cold Shoulder From Catholics
`
`Even the Roman Catholic organizers of World Youth Day turned a cold shoulder to the anti-abortion protesters. "There is no more eloquent
`speaker for pro-life than John Paul II," said Sister Mary Ann Walsh, a spokeswoman for the event. "And we would not want to see anyone
`distract from his message."
`
`But the failure of Operation Rescue to recruit large numbers of Catholics to protest against abortion should probably come as no surprise.
`
`i Despite the Vatican's edict against abortion, followers of the church are hardly uniform in their views on the subject. And among those who do
`j oppose abortion, many are uncomfortable with the zeal of Operation Rescue and its fundamentalist tenets, which are not part of the Catholic
`tradition.
`
`The group has also suffered from the publicity surrounding the killing of a doctor outside a Pensacola, Fla., clinic where abortions are performed.
`When he arrived in Denver on Thursday, the Pope referred to "the right to life," an unmistakable statement against abortion. But the Pontiff does
`not lace his speeches with threats of damnation in the manner of Operation Rescue.
`
`i
`
`Referring to the failure of Operation Rescue to attract large numbers of Catholics to join its protest, Philip Faustin, a spokesman for the group in
`Denver, said: "We'd love to have thousands, but this is who's here. That's the reality of the situation."
`
`The leader of the anti-abortion group, Randall Terry, appeared on Christian radio stations this week to assail a Boulder doctor, Warren Hern, as
`a "baby killer" and issued what Dr. Hern considered a dangerous threat. Dr. Hem has criticized the tactics of the anti-abortionist protesters.
`
`In his radio appearances, Mr. Terry said of Dr. Hem: "I hope someday he is tried for crimes against humanity, and I hope he is executed. I make
`no bones about it friends, it is a biblical part of Christianity that we pray for either the conversion or the judgment of the enemies of God."
`
`Coming just five months after an anti-abortion protester shot and killed the doctor in Florida, Mr. Terry's words were construed by many
`abortion rights groups as a call to violence.
`
`Dr. Hern said in an interview today that he was considering filing criminal charges. "He's clearly inciting someone, anyone, to kill me," Dr. Hern
`said.
`
`Mr. Terry, who is traveling to promote a new book, could not be reached for comment. But Mr. Faustin said Mr. Terry did not mean that anyone
`should harm Dr. Hern.
`
`"He meant only that God would deal with him," Mr. Faustin said. ‘Expose the Killer’
`
`About 150 anti-abortion protesters gathered Thursday night in a suburban Denver church, where leaflets were distributed under the title "Expose
`the Killer" along with a map showing the location of the Swedish Medical Center, where Dr. Hern works.
`
`i
`
`Abortion clinics here had expected much larger protests during the Pope's visit. Katherine Spillar, a coordinator for the Feminist Majority, an
`abortion rights group, said more than 2,000 Denver residents had been recruited to "protect the clinics."
`
`Groups that support the right to choose abortions say the low turnout illustrates the shifting views of most Americans.
`
`"The country is growing tired of their street theater," said Celeste Lacy Davis, a lawyer with the Planned Parenthood Federation in New York,
`referring to the anti-abortion groups. "But we are very concerned that they will turn to even more extremist acts."
`
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`ABOVE: In prayer at Planned Parenthood.
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`before thee! -- Psalm 9:18-19
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`Ambulance Transports Victim from Boston Planned Parenthood Abortion Clinic :Operation Rescue
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`Page 1 of 5
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`Operation Rescue® is one of the leading pro—life Christian activist organizations in the nation and has become
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`Ambulance Transports Victim from Boston Planned
`Parenthood Abortion Clinic
`
`- Written by Operation Rescue
`- Posted January 11, 2011 at 12:15 pm
`
`Dangers of abortion underscore the need to defund the abortion giant
`
`Boston, MA —— Two ambulances and a fire truck arrived around mid-moming at the Planned Parenthood
`abortion clinic in Boston, Massachusetts, on Friday, January 7, 2011, according to eye witnesses. Pro-lifers on
`the scene said they saw one woman wheeled out the front door on a gumey and loaded into one of the awaiting
`ambulances. The incident was reported by Bill Kotter of Operation Rescue Boston.
`
`http://wvvw.operationrescue.org/archives/ambulance-transports—victim-from-boston-plarmed-parentho...
`
`1/27/201 1
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`Ambulance Transports Victim from Boston Planned Parenthood Abortion Clinic :Operation Rescue
`
`Page 2 of 5
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`While it is unclear the exact nature of the emergency, there is a clear pattern
`in the abortion industry to call ambulances only in the event of a life-
`threatening emergency.
`
`“Ambulances at abortion clinics make them look bad and drive off business.
`Even when life-threatening abortion complications exist, we have seen
`numerous examples where abortion clinics have refused to call ambulances,
`so in this case, you could say the woman was lucky,” said Operation Rescue
`President Troy Newman.
`
`
`
`parenthood in Boston, whore o
`“The dangers women face at abortion clinics like Planned Parenthood cannot
`Woman W65: tVa"5|3°"t9d ‘J0 the
`be underestimated because the clinics operate in secrecy with almost no
`h°5p't°-" °" F”da"" January 7’ 2011
`accountability,” said Newman. “To add insult to injury, these abortion mills
`operate with our tax dollars propping them up. Over 70% of Americans are opposed to paying Planned
`Parenthood to take the lives of innocent babies and injury women through shoddy practices.”
`
`Congressman Mike Pence of Indiana has introduced a bill titled the Title X Abortion Provider Prohibition Act
`that would cut off Federal funding for Planned Parenthood and institutions that support abortion. Last year, the
`American taxpayer doled out $363 million in Federal funds alone to Planned Parenthood, which committed “an
`unprecedented 324,008 abortions,” according to Rep. Pence. Planned Parenthood organizations in several states,
`are under investigation for improperly spending tax dollars.
`
`“If Planned Parenthood did not have hundreds of millions of our tax dollars flooding their coffers each year,
`they would not be able to continue to operate on their present scale. Cutting off funding to Planned Parenthood
`would save lives protect women from suffering the same fate as the woman seen headed to the emergency room
`last Friday. We support Rep. Pence’s legislation one hundred percent,” said Newman.
`
`Please contact your Congressional Representative and ask that he or she support the Title X Abortion
`Provider Prohibition Act (HR 217). Click here for U.S. House member contact information.
`
`Note: Photo is from a previous incident at Planned Parenthood in Boston.
`
`E ’s’r;a'ra‘2“‘sa4;;"""'
`
`E f
`
`Filed under: I AM 71, Medical Emergencies
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`One Response to this post
`Comments are welcome. Please keep in mind that comments posted are that of the poster only and not necessarily that of
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`comment for whatever reason. Thank you for understanding.
`
`1.
`
`I. Worthstein on January 11th, 2011 9:53 pm
`
`We can thank head superising abortionist Anne Dixon for
`these continuous ambulance visits. Anne’s home address is: ANNE B.
`DIXON 25 MONUMENT SQ #3 CHARLESTOWN MA 02129 Write her and ask her
`to quit!
`
`Leave a comment
`
`Name 3 reg_uired 2
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`Ambulance Transports Victim from Boston Plarmed Parenthood Abortion Clinic :Operation Rescue
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`"’-‘“""°"°’
`
`Feeding-tube dispute a textbook case of activism: E
`-mail volume shut down Fla. Legislature's Internet
`server
`'
`~
`
`Article from: Sunday Gazette-Mail Article date: November 9, 2003 Author: Stacey
`Burting
`
`PHILADELPHIA - Legal options had already run out for Terri Schiavo when Phil Sheldon
`saw her photo.
`
`Her expression, a smile that appears to be a response to her mother, reminded Sheldon of
`his deceased son, who had cerebral palsy. Sheldon, a conservative political activist,
`couldn't believe that the courts had ordered removal of the severely brain—damaged
`woman's feeding tube on Oct. 15.
`
`With four days to go, Sheldon, of Lancaster, Pa., picked up the phone and called Randall
`Terry, founder of Operation Rescue and a national leader in the antiabortion movement.
`Sheldon also rallied subscribers of his Web site, wvvw.conserva tivepetitions.com, to
`bombard Florida Gov. Jeb Bush with outraged e-mail messages.
`
`What happened next - the rallies, the illegal release of a secretly taped video of Terri
`Schiavo, the passage of "Terri's Law" by the Florida Legislature, and finally, the reinsertion
`of Terri's feeding tube - was a textbook case of activism.
`
`"We consider it a wonderful, tremendous victory," Sheldon said in an interview. "This is the
`first time that a legislative and executive branch got together and told the judiciary that what
`they did was wrong."
`
`Lawyers for Michael Schiavo, Terri's husband, who says that Terri would not want to be
`kept alive in her current condition, argue that Terri's Law is unconstitutional. Court after
`court has examined her case, lawyer George Felos wrote in a brief, providing scrutiny that
`is "unprecedented in the annals of American jurisprudence."
`
`Bush has asked for the case to be thrown out. Even if it isn't, more court proceedings are
`assured.
`
`Last week, Pine|las—Pasco Circuit Judge George Greer agreed that Terri's parents, Bob and
`Mary Schindler, could seek to remove Michael Schiavo as guardian. That means Schiavo
`may be forced to respond to the Schindlers' charges that he withheld rehabilitation from
`Terri.
`
`An earlier attempt by the Schindlers to remove Michael Schiavo as guardian failed in 1993.
`The Schindler family has long contended that Michael Schiavo wants his wife dead so he
`can inherit money and build a life with his fiancee and their two children.
`
`Terri Schiavo, 39, collapsed in her St. Petersburg, Fla., apartment in 1990. Since then, she
`has been diagnosed with severe brain damage, and a majority of doctors consulted in her
`case have said she has no hope of recovery.
`
`Sheldon knew little about the Schindlers until he was told of their Web site,
`www.terrisfight.org. But he felt that Terri had more in common with his disabled son.
`Joshua, who never learned to walk, talk or eat on his own before dying at age 5, than
`someone in a persistent vegetative state.
`
`"The idea that this woman was going to starve to death was repulsive to me," Sheldon said.
`"if she had been a dog. this would have been a crime."
`
`Sheldon knew Randall Terry from other projects, so he and a staff member for Alan Keyes,
`a former GOP presidential aspirant, contacted Terry on Oct. 11. Terry contacted Bob
`Schindler, who gave him "carte blanche."
`
`To Terry, that meant sett