Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA187483
`ESTTA Tracking number:
`01/18/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92048659
`Defendant
`WELTER, NATHAN
`Kit M. Stetina
`Stetina Brunda Garred & Brucker
`75 Enterprise, Suite 250
`Aliso Viejo, CA 92656
`UNITED STATES
`opposition@stetinalaw.com
`Motion to Suspend for Civil Action
`Kit M. Stetina
`opposition@stetinalaw.com
`/Kit M. Stetina/
`01/18/2008
`MotionToSuspend.pdf ( 62 pages )(843476 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA187483
`ESTTA Tracking number:
`01/18/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92048659
`Defendant
`WELTER, NATHAN
`Kit M. Stetina
`Stetina Brunda Garred & Brucker
`75 Enterprise, Suite 250
`Aliso Viejo, CA 92656
`UNITED STATES
`opposition@stetinalaw.com
`Motion to Suspend for Civil Action
`Kit M. Stetina
`opposition@stetinalaw.com
`/Kit M. Stetina/
`01/18/2008
`MotionToSuspend.pdf ( 62 pages )(843476 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`Case: TRINI-02 1 M
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Registration No. 2,685,053
`
`) Cancellation No. 92048659
`)
`
`) )
`
`) )
`
`) )
`
`)
`
`Warrior Sports, lnc.,
`
`Petitioner,
`
`vs.
`
`Nathan Welter,
`
`Respondent.
`
`MOTION TO SUSPEND PROCEEDING IN VIEW OF PENDING CIVIL ACTION
`PURSUANT TO TRADEMARK RULE 2.117gAg
`
`Box TTAB ~ No Fee
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`Dear Sir/Madam:
`
`Respondent, Nathan Welter, hereby moves for suspension of these proceedings
`
`pursuant to Trademark Rule 2.11”/(a), 37 C.F.R. §2.l17(a).
`
`In support of this motion, Opposer submits herewith a copy of a Complaint
`
`(attached hereto as Exhibit “A") filed on October 16, 2007 by Warrior Sports, Inc. against
`
`Warrior Wear, Inc., Nathan Welter, and Fightshop, Inc., in the United States District Court
`
`for the Eastern District of Michigan,
`
`identified as Civil Action No. 2:07-cv-14404
`
`(hereinafter the “pending civil action”).
`
`The pending civil action for federal copyright infringement is based on the alleged
`
`infringement of Plaintiffs
`
`trademark registration nos. 2,274,667, 2,895,312,
`
`and
`
`3,282,946. Plaintiff seeks injunctive relief and monetary damages in its pending civil
`
`action against Defendants Warrior Wear, Inc., Nathan Welter, and Fightshop, Inc.
`
`1
`
`
`
`TBMP Rule 5l0.02(a) states in pertinent part as follows:
`
`Whenever it comes to the attention of the Board that a party or parties to a
`case pending before it are involved in a civil action which may have a
`bearing on the Board case, proceedings before the Board may be suspended
`until final determination of the civil action.
`
`To the extent that a civil action in a Federal District Court involves issues in
`
`common with those in a proceeding before the Board, the decision of the
`Federal District Court is often binding upon the Board, while the decision of
`the Board is not binding upon the court.
`(TBMP Rule 5l0.02(a); General
`Motors Corp. v. Cadillac Club Fashions, Inc, 22 USPQ2d 1933 (TTAB
`1992); see also Goya Foods, Inc. v. Tropicana Products, Inc, 846 F.2d. 848
`(2nd Cir. 1988).)
`
`In this case, the final detennination of the pending civil action will clearly have a
`
`bearing on the issues presented by the Petition for Cancellation of trademark registration
`
`no. 2,685,053.
`
`In view of the fact that this pending civil action involves many of the same issues
`
`which are involved in this proceeding, the determination of these issues will clearly have a
`
`bearing on this proceeding. Opposer therefore requests suspension of these proceedings
`
`pending determination of the civil action pursuant to TBMP Rule 5l0.02(a), 37 C.F.R.
`
`§2.l 17(a).
`
`A Proof of Service by mail to Petitioner’s counsel is attached hereto.
`
`Dated: Januaryl8, 2003
`
`By:
`
`Respec ully submitted,
`4 %
`
`
`eg. No. 29,445
`Kit M. Stetina,
`Stephen Z. Vegh, Reg. No. 48,550
`Stetina Brunda Garred & Brucker
`
`75 Enterprise, Suite 250
`Aliso Viejo, California 92656
`Tel: (949)855-1246
`Fax: (949)855-6371
`Counsel for Respondent
`
`T;\C[ient Documents\TRlNl\02 l M\MotionToSuspend.doc
`
`
`
`PROOF OF SERVICE
`
`ss.
`
`) )
`
`)
`
`State of California
`
`County of Orange
`
`I am over the age of 18 and not a party to the within action; my business address is 75
`
`Enterprise, Suite 250, Aliso Viejo, California 92656. On January 18, 2008, the attached
`
`MOTION TO SUSPEND PROCEEDING IN VIEW OF PENDING CIVIL ACTION
`
`PURSUANT TO TRADEMARK RULE 2.l17(A) was served on all interested parties in this
`
`action by U.S. Mail, postage prepaid, at the address as follows:
`
`John S. Artz
`
`Dickinson Wright PLLC
`38525 Woodward Avenue, Suite 2000
`
`Bloomfield Hills, MI 48304
`
`Executed on January 18, 2008 at Aliso Viejo, California.
`
`I declare under penalty of
`
`perjury that the above is true and correct.
`
`I declare that I am employed in the office of
`
`STETINA BRUNDA GARRED & BRUCKER at whose direction service was made.
`
`I340
`Laura Szigeti
`
`
`
`EXHIBIT A
`
`
`
`Case 2:07—cv—14404—VAR-RSW Document 1
`
`Filed 10/’tE3,/200?’
`
`Page ‘E of 50
`
`tL.g[:':?l-ilfg
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`Egg: 2Id0_7r—cv—14404
`"9
`of Roberts Victoria A
`R
`.
`'
`Ffefztrillo._J1u6¢1_g2%0\;V;:Ien, R Steven
`CMP WARRIOR SPci]1§T3s7|i;:;hé1 V W
`‘NC. ET AL (EW)
`
`OWE“ WEAR
`
`WARRIOR SPORTS, INC., a Michigan
`Corporation,
`
`Plaintiff,
`
`V.
`
`WARRIOR WEAR, INC., a California
`corporation, NATHAN WELTER, an
`individual, and FIGHTSHOP, INC., a
`California corporation,
`
`Defendants.
`
`
`John S. Artz (P 48578)
`John P. Seurynck (P 54146)
`DICKINSON WRIGHT PLLC
`
`Attorneys for Plaintiff
`38525 Woodward Avenue, Suite 2000
`
`Bloomfield Hills, MI 48304-5092
`
`(248) 433-7200
`
`COMPLAINT AND JURY DEMAND
`
`Plaintiff, Warrior Sports, Inc. ("Warrior”), by and through its attorneys, Dickinson Wright
`
`PLLC , states as follows for its Complaint:
`
`
`
`Case 2:07—CV—14404-VAR-FiSW Document 1
`
`Filed "30/'1E§,"2007'
`
`Page 2 of 50
`
`THE PARTIES
`
`1.
`
`Plaintiff, Warrior Sports, Inc. ("Warrior"),
`
`is a Michigan corporation with its
`
`principal place of business at 32125 Hollingsworth Avenue, Warren, Michigan 48092. Warrior
`
`is doing business in this State and in this District.
`
`2.
`
`Upon information and belief, Defendant, Warrior Wear, Inc. ("Warrior Wear"), is
`
`a California corporation with its principal place of business at 5532 E. La Palma Ave., Anaheim,
`
`CA 92807. Defendant Warrior Wear is doing business in this State and in this District.
`
`3.
`
`Upon information and belief, Defendant Nathan Welter ("Welter") is the owner of
`
`Warrior Wear and also has an address of 5532 E. La Palma Ave., Anaheim, CA 92807.
`
`Defendant Welter is doing business in this State and in this District.
`
`4.
`
`Upon information and belief, Defendant, Fightshop,
`
`Inc.
`
`("Fightshop"),
`
`is a
`
`California corporation with its principal place of business at 144 W. Brigham Rd. Suite 5, St.
`
`George, Utah 84790. Defendant Fightshop is doing business in this State and in this District.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for trademark infringement and unfair competition. This action
`
`arises under the Lanham Act, 15 U.S.C. § 1051 e_t Lq, and includes substantial and related
`
`claims under state law arising from the same operative facts.
`
`6.
`
`This Court has jurisdiction pursuant to 15 U.S.C. §1121 and 28 U.S.C. §§ 1331,
`
`1338 and 1367.
`
`7.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1391 because the events
`
`giving rise to the claim occurred in this District and because Defendants reside in this District as
`
`that term is defined in the venue statutes.
`
`
`
`Case 2257-CV-14434-VAR-RSVV Dncument 1
`
`Filed "30./'1€i§,"2OC}7'
`
`Page 3 of 50
`
`PLAINTIFF'S TRADEMARKS
`
`8.
`
`Warrior is a leading developer, manufacturer, and supplier of lacrosse equipment,
`
`including lacrosse sticks, lacrosse heads, protective equipment and other lacrosse equipment.
`
`9.
`
`Warrior began using the mark "WARRIOR"
`
`in connection with lacrosse
`
`equipment at least as early as 1992.
`
`10. Warrior also began using the mark "WARRIOR" in connection with clothing,
`
`including tee shirts, sweatshirts, shorts, moisture management garments, namely short sleeve
`
`shirts, long sleeve shirts, mock turtlenecks, sleeveless shirts, and shorts, as well as hats and
`
`footwear at least as early as 1993.
`
`1 1.
`
`Moreover, Warrior began using the mark "WARRIOR" in connection with hockey
`
`equipment, including hockey sticks, hockey handles, protective hockey equipment and other
`
`hockey equipment at least as early as 2005.
`
`12. Warrior also uses and has used the mark "WARRIOR" in connection with a
`
`variety of other sports related equipment and sports related activities since its inception in 1992.
`
`13.
`
`Since at least as early as 1993, Warrior's predominant use of the “WARRIOR"
`
`mark has been in a unique and distinctive font.
`
`14. Warrior owns a variety of Federal Trademark Registrations for
`
`the mark
`
`"WARRIOR" as well a variety of Applications for Federal Trademark Registration for the mark
`
`"WARRIOR" as both a word mark and as part of a design.
`
`15. Warrior owns
`
`a Federal Trademark Registration No. 2,274,667 for
`
`the
`
`"WARRIOR" mark for use in connection with lacrosse equipment.
`
`(Copy attached as Exhibit
`
`A.)
`
`
`
`Case 2:07—CV—144G4-VAR-RSVV Document 1
`
`Filed "30/'1E§,"2OC}7'
`
`Page 4 of 50
`
`16. Warrior owns an Application for Federal Trademark Registration (Serial No.
`
`77/ 123,386) for the "WARRIOR" mark for use in connection with clothing.
`
`(Copy attached as
`
`Exhibit B.)
`
`17. Warrior owns an Application for Federal Trademark Registration (Serial No.
`
`77/ 137,728) for the "WARRIOR" mark for use in connection with hockey equipment.
`
`(Copy
`
`attached as Exhibit C.)
`
`18. Warrior owns an Application for Federal Trademark Registration (Serial No.
`
`78/486,173) for the mark "WARRIOR" and design for use in connection with clothing.
`
`(Copy
`
`attached as Exhibit D.) This Application has been allowed by the Trademark Office.
`
`19. Warrior owns another Application for Federal Trademark Registration (Serial No.
`
`78/486,210) for the mark "WARRIOR" and design for use in connection with clothing.
`
`(Copy
`
`attached as Exhibit E.) This Application has been allowed by the Trademark Office.
`
`20. Warrior owns an Application for Federal Trademark Registration (Serial No.
`
`77/ 137,982) for the mark "WARRIOR" and design for use in connection with hockey equipment.
`
`(Copy attached as Exhibit F.)
`
`21. Warrior owns other Federal Trademark Registrations for the mark "WARRIOR",
`
`namely Registration Nos. 2,895,312 and 3,282,946.
`
`(Copies attached as Exhibits G and H,
`
`respectively.)
`
`22. Warrior additionally owns other Applications for Federal Trademark Registration
`
`for the marks "WARRIOR" (Serial No. 78/644,056); "W WARRIOR" & Design (Serial No.
`
`78/486,191); "WARRIOR" & Design (Serial No. 78/419,040); "WARRIOR" & Design (Serial
`
`No. 78/419,115). These Applications have all been allowed by the Trademark Office and are
`
`attached as Exhibits 1, J, K, and L respectively.
`
`
`
`Case 2:{37—CV—"l44G4—VAR-FiSW Document 1
`
`Filed "IO/'l€i§,"2OC}7'
`
`Page 5 of 50
`
`23.
`
`The marks in the above identified Federal Registrations and Applications for
`
`Federal Registration are referred to herein as the "WARRIOR" marks.
`
`24.
`
`Since its inception in 1992, Warrior and its sales of products under the
`
`"WARRIOR" marks have increased exponentially.
`
`25. Warrior has invested a substantial amount of money in advertising and promoting
`
`its "WARRIOR" marks and products throughout the United States.
`
`26. Warrior produces and publishes catalogs each year that prominently display the
`
`"WARRIOR" marks.
`
`27.
`
`In about 2003, Warrior was acquired by New Balance Corp., of Boston,
`
`Massachusetts.
`
`28. Warrior is a principal sponsor of lacrosse's primary professional lacrosse league,
`
`Major League Lacrosse.
`
`29.
`
`All the players in the league utilize lacrosse equipment sold by Warrior under one
`
`or more of the "WARRIOR" marks.
`
`30. Warrior also provides hockey equipment to over one hundred players in the
`
`National Hockey League that bears one or more of the "WARRIOR" marks.
`
`31.
`
`By the continuous and substantial advertising, use, promotion of the "WARRIOR"
`
`marks to date, Warrior has acquired tremendous value, name recognition and goodwill in its
`
`"WARRIOR" marks.
`
`
`
`Case 2:i37—CV—i44G4—VAR-FiSW Document 1
`
`Filed "30/'l€i§,"2OC}7'
`
`Page 6 of 50
`
`DEFENDANTS' UNLAWFUL CONDUCT
`
`32.
`
`The Defendant Warrior Wear has recently begun using the names "Warrior Wear"
`
`and "Warrior" in interstate commerce in connection with the marketing, promotion, and sale of
`
`clothing, including tee shirts, shorts, pants, hats, and other related items.
`
`33.
`
`The Defendant Welter has also recently begun using the names "Warrior Wear"
`
`and "Warrior" in interstate commerce in connection with the marketing, promotion, and sale of
`
`clothing, including tee shirts, shorts, pants, hats, and other related items.
`
`34.
`
`The Defendant Fightshop has also recently begun using the names "Warrior
`
`Wear" and "Warrior" in interstate commerce in connection with the marketing, promotion, and
`
`sale of clothing, including tee shirts, shorts, pants, hats, and other related items.
`
`35.
`
`The clothing advertised and sold by the Defendants under the names "Warrior
`
`Wear" and "Warrior" is the same as that sold by Warrior under the "WARRIOR" marks.
`
`36.
`
`The Defendants utilize the names "Warrior Wear" and "Warrior" prominently on
`
`the clothing.
`
`37.
`
`The Defendants utilize the name "Warrior Wear" and "Warrior" prominently on
`
`their respective web sites.
`
`38.
`
`The Defendants also utilize the name "Wanior" in the same or virtually the same
`
`distinctive font as utilized by Warrior in connection with at least some of the "WARRIOR"
`
`marks. (Exemplary use attached as Exhibit M.)
`
`39.
`
`The Defendants advertise, promote and market their clothing under the names
`
`"Warrior Wear" and "Warrior" through the same channels of trade and distribution as Warrior's
`
`goods and services under the "WARRIOR" marks.
`
`
`
`Case 2:07—CV—l44G4-VAR-RSVV Document 1
`
`Filed "30/'l€'3/’2OC}7'
`
`Page 7’ of 50
`
`COUNT 1
`
`Federal Trademark Infringement (15 USC §1114[[
`
`40. Warrior repeats and realleges the allegations of Paragraphs 1
`
`through 39, as
`
`though set forth fully herein.
`
`41.
`
`The Defendants use of the names "Warrior Wear" and "Warrior" is likely to cause
`
`confusion, or to cause mistake, or to deceive as to the affiliation, connection or association of
`
`Warrior with the Defendants, or as to the origin, sponsorship, or approval of Defendants’ goods
`
`by Warrior.
`
`42.
`
`The Defendants use of the names "Warrior Wear" and "Warrior", as described
`
`above, constitutes trademark infringement in violation of Section 32 of the Lanham Act, 15
`
`U.S.C. § 1114.
`
`43.
`
`Upon information and belief,
`
`the Defendants aforesaid acts are intentional,
`
`deliberate, wanton, and willful.
`
`44.
`
`The Defendants aforesaid acts are causing irreparable harm to Warrior and will
`
`continue to irreparably damage Warrior unless enjoined by this Court. Accordingly, Warrior is
`
`without an adequate remedy at law and is entitled to preliminary and permanent injunctive relief.
`
`45. WHEREFORE, Warrior requests the relief set forth below.
`
`
`
`Case 2:Q7—CV—144G4—VAR-RSVV Document 1
`
`Filed "30/'l€i§/’2OC}7'
`
`Page 8 of 50
`
`COUNT II
`
`Unfair Comgetition [15 USC § 1125(3)!
`
`46. Warrior repeats and realleges the allegations of Paragraphs 1
`
`through 45, as
`
`though fully set forth herein.
`
`47.
`
`The aforesaid acts of the Defendants constitute unfair competition and false
`
`representation or false designation of origin which are likely to cause confusion,
`
`to cause
`
`mistake, or to deceive in violation of Section 43(a) of the Lanharn Act, 15 U.S.C. § ll25(a).
`
`48.
`
`The aforesaid acts of the Defendants are intentional, deliberate, wanton, and
`
`willful.
`
`49.
`
`The Defendants aforesaid acts are causing irreparable harm to Warrior and will
`
`continue to irreparably damage Warrior unless enjoined by the Court. Accordingly, Warrior is
`
`without an adequate remedy at law and is entitled to preliminary and permanent injunctive relief.
`
`50. WHEREFORE, Plaintiff requests the relief set forth below.
`
`
`
`Case 2:Q7—CV—i44G4—VAR-RSVV Document 1
`
`Filed "30/'l€i§,"2OC}7'
`
`Page 9 of 50
`
`COUNT III
`
`Common Law Unfair Comgetition
`
`51. Warrior repeats and realleges the allegations of Paragraphs 1
`
`through 50, as
`
`though fully set forth herein.
`
`52.
`
`The Defendants‘ actions in advertising, marketing and providing goods under
`
`names confusingly similar to the "WARRIOR" marks constitutes trademark infringement and
`
`unfair competition under the common law of the State of Michigan.
`
`53.
`
`Upon information and belief, the Defendants adopted the "Warrior Wear" and
`
`"Warrior" names willfully, or with reckless intention of trading upon the goodwill of Warrior
`
`and/or with the intent of confusing purchasers into believing that the Defendants‘ goods were
`
`approved, authorized by, or related to Warrior.
`
`54.
`
`The Defendants‘ aforesaid acts are intentional, deliberate, wanton, and willful.
`
`55.
`
`The Defendants‘ aforesaid acts are causing irreparable harm to Warrior and will
`
`continue to damage Warrior unless enjoined by this Court. Accordingly, Warrior is without an
`
`adequate remedy at law and is entitled to preliminary and permanent injunctive relief.
`
`
`
`Case 2:O7—CV~‘E4-404-VAR—RSW Document 1
`
`Filed ‘EO.:""i6/2007
`
`Page 10 CH‘ 50
`
`COUNT IV
`
`Dilution [15 U.S.C. § 1125162]!
`
`56. Warrior repeats and realleges the allegations of Paragraph 1 through 55, as though
`
`fully set forth herein.
`
`57.
`
`The
`
`“WARRIOR” marks are distinctive and famous within the meaning of
`
`Section 43(c) ofthe Lanham Act, 15 U.S.C. § ll25(c).
`
`58.
`
`Defendants’ acts are likely to dilute and, based on Warrior’s information and
`
`belief had diluted, the “WARRIOR” marks.
`
`59.
`
`Defendants have acted as described in this Complaint with the intent to cause
`
`dilution, entitling Warrior to an award of damages.
`
`60. Warrior has been damaged and suffered economic harm as a result of Defendants’
`
`acts, and Warrior is likely to continue to be damaged and suffer economic harm unless
`
`Defendants’ activities are enjoined by this Court.
`
`61. WHEREFORE, Warrior requests the relief set forth below.
`
`10
`
`
`
`Case 2:07-CV~"E44{34—VAR—RSW Document 1
`
`Filed ‘E0./"36/2007
`
`Page ‘ii 01‘ 55
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Warrior Sports, Inc. ("Warrior") prays:
`
`1.
`
`That this Court issue a preliminary and permanent injunction prohibiting the
`
`Defendants its officers, agents, servants, employees, and attorneys and all persons in active
`
`concert or participation with them from:
`
`a)
`
`using the names "Warrior Wear", "Warrior" or any other designation that
`
`is confusingly similar to the "WARRIOR" marks, on or in connection with the
`
`distribution, sale, offering for sale, advertisement, or promotion of any goods that are
`
`likely to cause confusion, or to cause mistake, or to deceive, with respect to Warrior's
`
`trademark rights;
`
`b)
`
`c)
`
`unfairly competing with Warrior in violation of the Lanham Act; and
`
`otherwise representing that any goods
`
`sold by the Defendants are
`
`sponsored, approved, or authorized by or originate from Warrior, or from otherwise
`
`taking any action likely to cause confusion, mistake, or deception as to the origin,
`
`approval, sponsorship, or authorization of such goods and services.
`
`2.
`
`That Warrior be awarded all profits received by the Defendants by reason of its
`
`infringing conduct and all damages sustained by them due to the actions of the Defendants
`
`complained of herein.
`
`3.
`
`That the damages assessed against the Defendants be trebled pursuant to 15
`
`U.S.C. § 1117 and that reasonable attorney fees be awarded to Warrior under that same statute.
`
`4.
`
`That, pursuant to 15 U.S.C. § 1116, the Defendants be directed to file with the
`
`Court and serve on Warrior within thirty (30) days after issuance of an injunction, a report in
`
`11
`
`
`
`Case 2:O7—CV~"E4-404-VAR—RSW Docurnent 1
`
`Filed "E0./‘$6/2007
`
`Page 12 ex‘ 50
`
`writing and under oath setting forth in detail the manner and form in which the Defendants have
`
`compiled with the injunction.
`
`5.
`
`That Warrior be awarded compensatory, exemplary and other damages to which it
`
`may be entitled.
`
`6.
`
`That Warrior have such other and further relief as the Court deems just.
`
`JURY DEMAND
`
`Plaintiff demands a trial by jury on those issues so triable.
`
`DICKINSON WRIGHT PLLC
`
`
` . Artz (P 48578)
`
`. Seurynck (F 54146)
`Attorneys for Plaintiff
`38525 Woodward Avenue, Suite 2000
`
`Bloomfield Hills, MI 48304-5092
`
`(248) 433-7200
`
`Dated: October 16, 2007
`
`BLOOMFIELD 36218-550 37l694\«2
`
`12
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 13 CH‘ 50
`
`
`
`Case 2:O7—CV~"E4-404-VAR—RSW Dccuam-ant 1
`
`Fiied "E0./‘$6/2Q{37
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`Page 14 CH‘ 50
`
`Exhibit A
`
`
`
`Case 2:O7—cv~144{)4—VAR—RSW Dcycurnt-ant 1
`
`Fiied ‘E0./“$6./2{3{37
`
`Page 15 01‘ 50
`
`Int. Cl.: 28
`
`Prior U.S. Cls.: 22, 23, 38 and 50
`
`Reg. No. 2,274,667
`
`United States Patent and Trademark Office
`
`Registered Aug. 3], 1999
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WARRIOR
`
`WARRIOR.LACROSSE, INC. (MICHIGAN COR-
`PORATION)
`1515 AXTELL ROAD
`TROY, MI 48084
`
`FOR: LACROSSE STICKS, LACROSSE HAN-
`DLES, LACROSSE STICK. HEADS. LACROSSE
`BALLS, AND LACROSSE HELMETS. GLOVES
`AND PROTECTIVE PADDING FOR PLAYING
`
`LACROSSE. IN CLASS 23 (us. (31.5. 22, 23, 33
`AND 50).
`FIRST use
`12494992.
`OWNER OF U.S. REG. NO. 2,213,533.
`
`IN COMMERCE
`
`12-29- I 992;
`
`SER. NO. 75—978.l20. FILED 10-27-1997.
`
`ANIL V. GEORGE, EXAMINING ATTORNEY
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 15 CH‘ 50
`
`
`
`Case 2:07-CV~"E44{34—VAR—RSW Docuam-am 1
`
`Fiied ‘E0./"36/2007
`
`Page 17 01‘ 55
`
`Exhibit B
`
`
`
`.rade%%i2 Ei9§’“C"“ ”s494“rY§R“eRn§>I‘iEs§OC“‘”*’“'3”* I
`earc
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`Page ‘I8 offi 50
`age 1 of2
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`
`Trademarks > Trademark Electronic Search System (TESS)
`
`TESS was last updated on Sat Oct 13 04:09:01 EDT 2007
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`WARRIOR
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`(Use the "Back" button of the Internet
`
`Word Mark
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`Mark Drawing
`Code
`Serial Number
`
`Filing Date
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`Owner
`
`Attorney of
`Record
`
`Type of Mark
`
`Register
`LiveIDead
`Indicator
`
`WARRIOR
`
`IC 025. US 022 039. G 8. S: Clothing, namely tee shirts, sweatshirts, shorts; moisture management
`garments, namely short sleeve shirts, long sleeve shirts, mock turtlenecks, sleeveless shirts, and
`shorts; hats and footwear. FIRST USE: 19931100. FIRST USE IN COMMERCE: 19931100
`
`(4) STANDARD CHARACTER MARK
`
`77123386
`
`March 6, 2007
`
`‘IA
`
`1A
`
`(APPLICANT) Warrior Lacrosse, Inc. CORPORATION MICHIGAN 6881 Chicago Road Warren
`MICHIGAN 48092
`
`John S. Artz
`
`TRADEMARK
`
`PRINCIPAL
`
`LIVE
`
` E
`
`httn://tess2 .uspto. gov/bin/showt'1e1d?f=doc&state=v7eq5 g.4.1
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`10/15/2007
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 1Q CH‘ 50
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 20 CH‘ 50
`
`Exhibit C
`
`
`
`Tradglaasrsfi %i(gg—cv~.t4§/I0 -i_‘\.i’§I:%"R\<§z‘v('\i.ES§)OCUiTl(-BTII 1
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`Filed ‘E{)./‘"36./2007
`
`Page 21 oggge 1 on
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`Trademarks > Trademark Electronic Search System (TESS)
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`Record 1 out of 1
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`
`WARRIOR
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`Word Mark
`
`WARRIOR
`
`IC 028. US O22 O23 O38 050. G 8. 8: Hockey equipment, namely sticks, handles, blades and
`helmets; protective equipment for use in the sport of hockey, namely gloves, shoulder pads, elbow
`pads, arm pads, chest protectors, hip pads, and shin pads; bags for sporting equipment; hockey
`pucks. FIRST USE: 20051100. FIRST USE IN COMMERCE: 20051 ‘I00
`
`Goods and
`Services
`
`Standard
`Characters
`Claimed
`
`(4) STANDARD CHARACTER MARK
`32;: D'a‘”i"9
`Serial Number 77137728
`
`Filing Date
`
`March 22, 2007
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`1A
`
`1A
`
`Owner
`
`(APPLICANT) Warrior Lacrosse, Inc. CORPORATION MICHIGAN 6881 Chicago Road Warren
`MICHIGAN 48092
`
`Attorney of
`Record
`
`John S Artz
`
`Type of Mark
`
`TRADEMARK
`
`Register
`LiveIDead
`Indicator
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`PRINCIPAL
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`LIVE
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` E
`
`http://tess2 .uspto. gov/bin/showfield‘?f=doc&state=v7eq5 g.5 .1
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`10/ I 5/2007
`
`
`
`Case 2:07-CV~"E44{34—VAR—RSW Docuam-am 1
`
`Fiied ‘E0./"36/2007
`
`Page 22 01‘ 55
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 23 CH‘ 50
`
`Exhibit D
`
`
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`G
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`.'adem8a§'l{<3 Electrgxic egrch §\yFEtn5BIr§%QllES5OwiT1Gm 1 Wed 1016’/2057
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`Z/U_M&‘?/[El/3317151}
`
`Word Mark
`
`WARRIOR
`
`Goods and
`Services
`
`IC 025. US 022 039. G & S: Clothing, namely t-shirts, sweatshirts, shorts, collared shirts, jerseys,
`hats and footwear; moisture management garments, namely t-shirts, sweatshirts. shorts, shirts, and
`jerseys. FIRST USE: 19931101. FIRST USE IN COMMERCE: 19931101
`(5) WORDS, LETTERS, ANDIOR NUMBERS IN STYLIZED FORM
`D”'“’i"9
`Serial Number 78486173
`
`Filing Date
`
`September 20, 2004
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`Published for
`opposition
`Owner
`
`1A
`
`1A
`
`December 26, 2006
`(APPLICANT) Warrior Lacrosse, Inc. CORPORATION MICHIGAN 6881 Chicago Road Warren
`MICHIGAN 48092
`
`Attorney of
`Record
`
`John 3 Am
`
`Type of Mark
`
`TRADEMARK
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`Register
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`PRINCIPAL
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`Livel'Dead
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`LIVE
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`httn-//fess?.1Isntn_gov/hin/Showfield?f=dOC&Stat6=V7eCl5 2.6.1
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`10/15/2007
`
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`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 25 CH‘ 50
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
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`Page 25 CH‘ 50
`
`Exhibit E
`
`
`
`.rad§§‘§ri
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`1%ZE1%‘3i14§§e%%5iY’§§s"t§n§V(%iEsElmmam1 Wed W16’/2007
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`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Sat Oct 13 04:09:01 EDT 2007
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`Record 1 out of 1
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`”‘RR5“t“3 ""3 smug
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`Wflflflflflfl
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`Word Mark
`
`WARRIOR
`
`Goods and
`Services
`
`IC 025. US 022 039. G & S: Clothing, namely t-shirts. sweatshirts, shorts. collared shirts, jerseys.
`hats and footwear; moisture management garments, namely t-shirts, sweatshirts, shorts, shirts, and
`jerseys. FIRST USE: 19931101. FIRST USE IN COMMERCE: 19931101
`(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
`E“:;';°'aW‘"9
`Serial Number 78486210
`
`Filing Date
`
`September 20, 2004
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`1A
`
`1A
`
`"”'°"*°"‘°" f°' December 26 2005
`Opposition
`’
`
`Owner
`
`(APPLICANT) Warrior Lacrosse, Inc. CORPORATION MICHIGAN 6881 Chicago Road Warren
`MICHIGAN 48092
`
`Attorney of
`Record
`
`John S. Artz
`
`Type of Mark
`
`TRADEMARK
`
`Register
`
`PRINCIPAL
`
`Livelflead
`Indicator
`
`LIVE
`
`httn'//tees? imntn onv/bin/sh nwfi F!1{‘l'7f=(1(‘l(‘.rQ’ state:v7en5 9.7.1
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`10/] 5/2007
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 28 CH‘ 50
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 2Q CH‘ 50
`
`Exhibit F
`
`
`
`i'rade<t‘;11é’-jriliirfi
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`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Sat Oct 13 04:09:01 EDT 2007
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`
`Record 1 out of 1
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`
`
`
`Word Mark WARRIOR
`
`Goods and
`Services
`
`IC 028. US 022 023 038 050. G & 8: Hockey equipment, namely sticks, handles, blades, skates, and
`helmets; protective equipment for use in the sport of hockey, namely gloves, shoulder pads, elbow
`pads, arm pads, chest protectors, hip pads, and shin pads; bags for sporting equipment. FIRST USE:
`20051100. FIRST USE IN COMMERCE: 20051100
`
`Ma"‘ °'a"‘”"9 (3) DESIGN PLUS WORDS, LETTERS, ANDIOR NUMBERS
`Code
`
`3:33: code 26.11.21 - Rectangles that are completely or partially shaded
`Serial
`Number
`
`77137982
`
`Filing Date
`
`March 22, 2007
`
`Current Filing 1A
`Basis
`
`Original
`Filing Basis
`Owner
`
`1A
`(APPLlCANT) Warrior Lacrosse, Inc. CORPORATION MICHIGAN 6881 Chicago Road Warren
`MICHIGAN 48092
`
`Attorney of
`Record
`
`John 3 Am
`
`The mark consists of a stylized version of the word WARRIOR.
`Efefingrifition
`Type of Mark TRADEMARK
`
`Register
`LiveIDead
`Indicator
`
`PR|NClPAL
`
`LIVE
`
`I-1H-n-//1-pczc’) ncntn nnv/kin/chnxxrfiPlr‘l‘7'F:rin(‘rQrRf.5IfR=V7El‘l50.8.I
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`Page 31 O5a5g% 2 of 2
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`\ HOME ‘ SITE INDEX: SEARCH ‘ BBUSINESS \ HELP I PRIVACY POLICY
`
`h++n-//n:-cc’) ncnfn anxr/kin/QhnwfiF!]r1'7'F=dnr5Kf.F:TaTe:V7e(]59.8.1
`
`10/15/2007'
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 32 CH‘ 50
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.iiT1(—3r3t 1
`
`Fiied ‘E{)./'"i5/2307
`
`Page 33 CH‘ 50
`
`Exhibit G
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.:iT1(—3m 1
`
`Fiied ‘EO.:""i6/2007
`
`Page 34 CH‘ 50
`
`Int. Cl.: 41
`
`Prior U.S. 05.: 100, 101 and 107
`
`Reg. No. 2,895,312
`United States Patent and Trademark Office Registered Oct.19,2D04
`
`
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`WARRIOR
`
`WARRIOR LACROSSE, INC. (MICHIGAN COR-
`PORATION)
`6881 CHICAGO ROAD
`WARREN. MI 48092
`
`FOR: CONDUCTING LACROSSE CAMPS AND
`CLINICS, IN CLASS 41 (US. CLS. 100. 101 AND 107').
`
`FIRST USE 6-1-1994; IN COMMERCE 6-1-1994-.
`
`SER. NO. 78-225.859, FILED 3-14-2003.
`
`ANDREA SAUNDERS, EXAMINING ATTORNEY
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.iiT1(—3r3t 1
`
`Fiied ‘E{)./'"i5/2307
`
`Page 35 CH‘ 50
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.iiT1(—3r3t 1
`
`Fiied ‘E{)./'"i5/2307
`
`Page 36 CH‘ 50
`
`Exhibit H
`
`
`
`Case2:O7—Ov~‘E4404—VAR—RSW Document:
`
`FeaedI0.:'1e,/2007
`
`Page 37 Of5{3
`
`Int. Cl.: 28
`
`Prior U.S. C1S.: 22, 23, 38 and 50
`
`United States Patent and Trademark Office
`
`Reg. No. 3,282,946
`Registered Aug. 21, 2007
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`WARRIOR
`
`WARRIOR LACROSSE, INC. (MICHIGAN COR-
`PORATION)
`6881 CHICAGO ROAD
`WARREN, MI 48092
`
`FOR: LACROSSE GOALS, NETS, AND TRAINING
`AIDS, NAMELY BACKSTOPS, REBOUNDER
`WALLS, AND SHOOTING TARGETS, IN CLASS 28
`(us. CLS. 22, 23, 38 AND 50).
`
`TI-IE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT, STYLE, SIZE, OR COLOR.
`
`OWNER OF U-S- REG N0- 2374567-
`
`g}5R_ N0_ 73.393325, FILED 5.26.2005
`
`FIRST USE 3-0-1999; IN COMMERCE 3-0-1999.
`
`I-OURDES AYALA» EXAMINTNG ATTORNEY
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.iiT1(—3r3t 1
`
`Fiied ‘E{)./'"i5/2307
`
`Page 38 CH‘ 50
`
`
`
`Case-3 2:O7—CV~‘E4-404-VAR—RSW DOCL.iiT1(—3r3t 1
`
`Fiied ‘E{)./'"i5/2307
`
`Page 3Q CH‘ 50
`
`Exhibit I
`
`
`
`irede%%iE Ei§ei;%‘éi§‘§%%i"iY yF§£eR1§Y¥Ess‘3”C“‘“e”“
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`Trademarks > Trademark Electronic Search System (TESS)
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`TESS was last updated on Sat Oct 13 04:09:01 EDT 2007
`
`_'—_9_90UI Please Iogout when you are done to release system resources allocated for you.
`
`Record 1 out of 1
`
`Browser to return to TESS)
`
`WARRIOR
`
`( Use the "Back" button of the Internet
`
`Word Mark
`
`WARRIOR
`
`Goods and Services
`Standard Characters
`Claimed
`
`IC 028. US 022 023 038 050. G 8: 8: ICE HOCKEY EQUIPMENT, NAMELY ICE SKATES
`
`Mark Drawing Code
`Serial Number
`
`(4) STANDARD CHARACTER MARK
`78644056
`
`Filing Date
`
`June 6,2005
`
`Current Filing Basis
`
`1B
`
`‘IB
`Original Filing Basis
`Published for Opposition October 17, 2006
`Owner
`(APPLICANT) Warrior Lacrosse, Inc. CORPORATION MICHIGAN 6881 Chicago Rd.
`Warren MICHIGAN 48092
`
`Attorney of Record
`
`John S. Artz
`
`Type of Mark
`
`Register
`Livei'Dead Indicator
`
`TRADEMARK
`
`PRINCIPAL
`LIVE
`
`; HOT-.-If-'
`
`I SITE INDEX SEARCH . r-BUSINESS I HELP I PRIVACY POLICY
`
`hrrn-//race? nentn.any/hin/showfieId?f=d0C&State=V7eCl52.1 1.1
`
`10/15/2007
`
`
`
`Case 2:O7—CV~"E4-404-VAR—RSW Dccuam-ant 1
`
`Fiied "E0./‘$6/2Q{37
`
`Page 41 CH‘ 50
`
`
`
`Case 2:07-CV~"E44{34—VAR—RSW Docuam-am 1
`
`Fiied ‘E0./"36/2007
`
`Page 42 01‘ 55
`
`Exhibit J
`
`
`
`Cassi %"07—cv~."I 454-VAR-RS\{)IE,Es§)OCUiTlGfiT 1
`rademar
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`earch System
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`Filed ‘IO./‘"36./2007
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`Page 43 of,
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`Trademarks > Trademark Electronic Search System (TESS)
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`
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`
`Record 1 out of 1
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`”‘“R5““"5 T”"B5t°t"""
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`.’-'_e_.
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`lflfifiiflfl
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`Word Mark
`
`W WARRIOR
`
`Goods and
`Services
`
`IC 025. US 022 039. G & 8: Clothing, namely tee shins, sweatshirts, shorts. collared shirts, jerseys.
`hats and footwear; moisture management garments, namely tee shirts, sweatshirts, shorts, collared
`shirts, jerseys, hats and footwear. F
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