Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA424497
`ESTTA Tracking number:
`08/10/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92052197
`Plaintiff
`Terri Yenko Gould, Executor
`GEORGE E BULLWINKEL
`425 WOODSIDE AVE
`HINSDALE, IL 60521
`UNITED STATES
`geb@bullwinkel.com
`Testimony For Plaintiff
`George E. Bullwinkel
`geb@bullwinkel.com
`/George E. Bullwinkel/
`08/10/2011
`George Bullwinkel 7-10-2011.pdf ( 50 pages )(2045788 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`GEORGE E. BULLWINKEL
`
`0F Q? FLA-r1S.fi'1F'F
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADE‘/IARK TRIAL AND APPEAL BOARD
`
`TERRI YEVKO GOULD,
`
`Executor,
`
`Petitioner,
`
`vs.
`
`SUPERCAR COLLECTIBLES ,
`
`LIMITED ,
`
`Defendant.
`
`Cancellation
`92052197
`
`O R g G 5
`
`The deposition of GEORGE E. BULLWINKEL,
`
`called by Petitioner for examination,
`
`taken pursuant to
`
`the Federal Rules of Civil Procedure for the United
`
`States District Courts pertaining to the taking of
`
`depositions,
`
`taken before DEBRA MUTH HASS, a Notary
`
`Public within and for the County of Cook, State of
`
`illinois, and a Certified Shorthand Reporter of said
`
`state,
`
`taken at 3240 West Irving Park Road, Chicago,
`
`Illinois 60618, on Monday, July 18, 2011 at 10:50 AM
`
`CST .
`
`DEBRA H/\SS Es» ASSOCIATES
`(:84-7) 5 6‘?-—§§75 ~ www.gotdcps.c:om
`
`

`
`GEORGE E. BULLWINKEL
`
`GEORGE E. BULLWINKEL
`
`425 Woodside Avenue
`
`Hinsdale,Ellinois 60521
`630-418-2273
`
`630-2l4—32lO, by:
`MR. GEORGE E. BULLWINKEL
`
`(geb@bullwinkel.com),
`
`appeared on behalf of the Petitioner;
`
`LESTER QUAD/I , ESQUIRE
`9229 White Tail
`
`Las Vegas, Nevada;
`
`STOUT, UXA, BUYAN‘& MULLINS, LLP
`4 Venture
`
`Suite 300
`
`Irvine, California 92618-7384
`949~450~1750
`
`949-450-1764, facsimile, by:
`MR. ROBERT D. BUYAN,
`
`appeared via telephone on behalf of the
`Respondent.
`
`REPORTED BY:
`
`DEBRA MUTT-I HASS, CSR, RPR.
`Illinois Certified Shorthand Reporter
`License No. 84-1299
`
`Registered Professional Reporter
`
`DEBRA H/X55 Ev ASSOCIATES
`(84-7) 56+-5575 ~ www.gotJcP5.com
`
`

`
`GEORGE E. BULLWINKEL
`
`WI TNESS
`
`EXAMINATION
`
`GEORGE E . BULLWINKEL
`
`Direct Examination by Mr. Quam
`
`EXHIBITS
`
`PETI'I'IONER‘S DEPOSITION EXHIBITS
`
`FIRST REFERRED TO
`
`(Not attached hereto)
`
`Nb. 26A
`
`N0. 27
`
`No. 28
`
`Nb. 29
`
`NO. 30
`
`NO. 31
`
`. 32
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`No. 33
`
`NO. 34
`
`NO. 36
`
`|—‘E-‘\D‘.DCOO3\1\'JO\OW
`
`DEBRA HASS ea» ASSOCIATES
`(84-7) 5 6+—5 575 ~ www.gotdcPs.com
`
`

`
`GEORGE E. BULLWINKEL
`
`4
`
`MR. BULLWINKEL: Now, Rob,
`
`I have given
`
`Les a list of about four questions for him to ask me so
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`I can go through and identify the documents that I said
`
`I wanted to identify.
`
`So if we can start, Les.
`
`(WHEREUPON,
`
`the witness was duly sworn.)
`
`GEORGE E. BULLWINKEL,
`
`called as a witness by the Petitioner herein, having
`
`been first duly sworn, was examined and testified under
`
`oath as follows:
`
`DIRECT EXAMINATION
`
`Q.
`
`Mr. Bullwinkel, would you state your
`
`name for the record and your occupation?
`
`A.
`
`George Bullwinkel.
`
`I live in Hinsdale,
`
`Illinois and I am an attorney.
`
`Q.
`
`A.
`
`Q.
`
`How long have you been an attorney?
`
`Since 1964.
`
`Okay.
`
`Can you briefly sumarize your
`
`experience as an attorney for us?
`
`A.
`
`Well,
`
`I didn't start out as an attorney.
`
`I started out with an engineering degree and worked out
`
`in Canoga Park for what was then the Rocketdyne
`
`DEBRA HASS s ASSOCIATES
`(847) 5 6“}'—§ §7§ ~ www.got<icP5.c0m
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`GEORGE E. BULLWINKEL
`
`5
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`Division of North American designing rocket engines for
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`the space program. And.I went to law school and I have
`
`been practicing intellectual property law ever since.
`
`Q.
`
`Can.you sumarize you knowledge of
`
`high—performance automobiles, if you have any?
`
`A.
`
`I have been interested in cars and
`
`followed them for a long time, and for a period in the
`\.
`'70s,
`I was president of the §%ph§:Romeo Owner's Club.
`
`I have rebuilt cars. Most recently I restored two
`
`Lamborghinis,
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`two Maseratis and a Citroen SN, so I do
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`follow the sport as an enthusiast.
`
`Q.
`
`As an enthusiast at that time, were you
`
`familiar with the name Yenko?
`
`A.
`
`I was.
`
`I was familiar with Yenko
`
`through his newspaper clippings and magazine articles
`
`all the way from the 1960's until his death in --
`before his death in l9;%.
`
`Q.
`
`Do you have a relationship at all with
`
`the Yenko family?
`
`A.
`
`I was called on by Terri Yenko Gould to
`
`represent her and the Estate in an effort to resolve
`
`the problem that she had learned about from you, and
`
`that is that Mr. Leonard.and GMCI were about to produce
`
`DEBRA HA55 fr ASSOCIATES
`(84-7) 56-‘P-§;375 ~ www.gotdePs.corn
`
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`10:55?-‘-.M
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`

`
`GEORGE E. BULLWINKEL
`
`an automobile with the Yenko name.
`
`Q.
`
`And do you have a relationship with the
`
`Yenko Sports Car Club operated by Tom Clary?
`
`A.
`
`They asked me to file some registration
`
`applications to register SYC and Yenko Sports Car Club
`
`which, if I recall Correctly, are now suspended pending
`
`the outcome of this cancellation proceeding.
`
`Q.
`
`I have placed in front of you
`
`10:55AM
`
`10
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`ll
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`12
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`13
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`14
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`Petitioner's Exhibit Nunber 2§Athat‘s been marked for
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`identification, do you recognize it?
`
`A.
`
`26 is a letter that I wrote on
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`December 11th to the then registrant or the —~ what I
`
`thought was the registrant of the Yenko trademark for
`
`toy automobiles.
`
`Q.
`
`What about Petitioner‘s Exhibit
`
`16
`
`Number 27.
`
`10 : 56AM
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`A.
`
`27 is a photograph of a Revell model
`
`that I found at the local Hobby Lobby in Downers Grove,
`
`Illinois that I saw that on the box it said that the
`
`Yenko name was used under license, which surprised me
`
`and that caused me to write another letter.
`
`Q.
`
`Does that fairly and accurately depict
`
`the model that was in the shop when you took the photo
`
`DEBRA HASS 8» ASSOCIATES
`@47)5&%j575~wwwgokEpacmn
`
`

`
`GEORGE E. BULLWENKEL
`
`A.
`
`Q.
`
`Yes.
`
`Directing your attention to Petitioner's
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`Exhibit Number 28, what is that, sir, and tell me if
`
`you recognize it?
`
`A.
`
`Well, after I determined that the model
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`came from Revell,
`
`I wrote a letter to Revell Calling
`
`their attention to the use of the trademark and other
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`trademarks saying that they were the property of the
`
`10:57AM
`
`10
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`Yenko Estate.
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`ll
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`Q.
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`What was the outcome of that interest
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`with that letter?
`
`A.
`
`I received a very fulsome response from
`
`an attorney with the Chicago office of Drinker, Biddle
`
`and Reath explaining that they believed that they were
`
`properly licensed by the owner of the trademark
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`registration which at that time was Supercar
`
`Collectibles, Limited.
`
`Q.
`
`A.
`
`Q.
`
`Is that 29 that you just referred to?
`
`Yes, and the enclosures are part of 29.
`
`Can you identify fully what the
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`enclosures are?
`
`A.
`
`Well,
`
`the enclosures appear to he a
`
`10:57AM
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`DEBRA HA55 63 ASSOC!/—\T}:5
`(847) 5 54%-5 575 ~ www.goi:dc:Ps.corrt
`
`

`
`GEORGE E. BULLWINKEL
`
`8
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`license from Supercar to Revell and a renewal of that
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`license.
`
`Q.
`
`Does the exhibit as it sits today fairly
`
`and accurately depict the documents when you first
`
`received them?
`
`A.
`
`Q.
`
`Yes.
`
`Referring now to Petitioner‘s Exhibit
`
`Number 30, do you recognize that?
`
`A.
`
`Yes. That is a document I obtained from
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`10:58AM
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`10
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`the Trademark Office website showing that the trademark
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`registration in question was assigned by Supercar
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`Collectibles, Limited ~~ I think it a_tually should
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`have an S on it, but it was assigned to General
`
`Marketing Capital, Inc., also called GMCI,
`
`in about
`
`September of 2010.
`
`Q.
`
`Does that exhibit thoroughly and
`
`accurately depict the document when you received it?
`
`A.
`
`It is the document that I received from
`
`the Trademark Office.
`
`Q.
`
`Referring to Petitioner's Exhibit
`
`No. 31, could you identify that, please?
`
`A.
`
`Yes,
`
`that is a summary compilation that
`
`I personally prepared from the records of the Trademark
`
`16
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`10:58AM
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`DEBRA HA55 E» ASSOCIATES
`(84-7) 5 6-$5575 ~ www.gotcicPs.com
`
`

`
`GEORGE E. BULLWINKEL
`
`Office of all the trademark registrations and pending
`
`applications to register that I could find that involve
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`the marks Yenko, SYC, and the Yenko Deuce, and it shows
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`that they were all presently owned by GMCI.
`
`M. BUYAN: We will object to Exhibit 31
`
`on grounds of best evidence and on grounds that it does
`
`not make the registrations themselves of record within
`
`the applicable trademark rules.
`
`MR. QUAM: We will note that for the
`
`Q.
`
`Exhibit 32, do you recognize that?
`
`A.
`
`It's an excerpt from the Atlanta
`
`Trademark Act Section 14 that I downloaded again from
`
`internet sources.
`
`Q.
`
`Okay. Directing your attention to
`
`Petitioner's Exhibit No. 33, do you recognize that?
`
`A.
`
`Yes,
`
`that is an article again downloaded
`
`from the internet which includes —— and that's the
`
`point —— California Civil Code Section 3344 pertaining
`
`to rights of publicity.
`
`Q.
`
`Directing your attention to —— we are
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`DEBRA HASS & ASSOCIATES
`(84-7) 5 6‘1-—5§7§ —- www.go’ccicP5.com
`
`10:59AM
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`GEORGE E. BULLWINKEL
`
`10
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`talking about Petitioner's Exhibit 34, correct?
`
`A.
`
`34 is the next in line and that is again
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`another sumary of Pennsylvania statutes pertaining to
`
`the rights of publicity and that‘s been marked as
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`Plaintiff's 34 and I have downloaded that from internet
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`sources.
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`Q.
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`33 was the California and 3% was the
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`Pennsylvania statute?
`
`11:00AM
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`10
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`A.
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`Q.
`
`That‘s Correct.
`
`Directing your attention to Petitioner‘s
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`Exhibit Number 36?
`
`A.
`
`It has already been identified and that
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`is the declaration that you signed which is introduced
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`for the purposes of the photographs.
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`M. BUYANE That's objected to on
`
`grounds that it has been.stricken from the record by
`
`the Board's order and there is no stipulation in place
`
`for filing of affidavits.
`
`M. QUNM: That concludes my direct
`
`examination at this point.
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`M. BUYAN: We have no cross for
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`Mr. Bullwinkel.
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`MR. BULLWINEEL: Very well.
`
`We have no
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`11:01AM
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`DEEJRA HASS s ASSOCIATES
`(M7) 5 6+5 5 75 —- www._gotclcPs.com
`
`

`
`GEORGE‘. E. BULLWINKEL
`
`11
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`1
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`redirect then, and we again thank all concerned for
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`their courtesy and.consideration in allowing us to do
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`this in the remarkable period of less than one hour.
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`And.I will order a Copy of the
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`transcript and it will be sent to you, Rob,
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`in due
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`course. And again,
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`thanks to Mr. Leonard for making
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`himself available. That concludes the deposition.
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`Anything else, Rob?
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`MR. BUYAN:
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`NO.
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`EJMNW 10
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`MR. BULLWINKEL: All right.
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`FURTHER DEPONENT SAITH NOT.
`
`DEB RA HASS 6% ASSOCIATES
`(847) 5 54-5 jffi '' www.gotc1cP5.com
`
`

`
`GEORGE E. BULLWINKEL
`
`12
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TERRI YENKO GOULD ,
`
`Executor,
`
`Petitioner,
`
`VS.
`
`SUPERCAR COLLECTIBLES ,
`
`LIIVIITED ,
`
`Defendant.
`
`~...r-._r-._r~._r--._r--._r--._/-._.4--._.a--...4--...a
`
`Cancellation
`
`92052197
`
`I hereby certify that I have read the foregoing
`
`transcript of my deposition given at the time and place
`
`aforesaid, consisting of Pages 1 to 11,
`
`inclusive, and
`
`I do subscribe and make oath that the same is a true,
`
`correct and complete transcript of my deposition so
`
`given as aforesaid, and.includes changes, if any, so
`
`made by me.
`
`Z Number of Errata Sheets Attached
`
`DEBRA HASS 6%» ASSOCIATES
`(84-7) 5 6+-5 575 ~ www.go1:dcP5.com
`
`

`
`GEORGE E. BULLWINKEL
`
`13
`
`ERRATA SHEET
`
`I hereby make the following changes to my deposition:
`
`T5 finial;
`
`gar-gr;
`‘Ix: was
`‘1/Luca V1‘xr«~—.ww:’7>~C
`
`PAGE
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`LINE
`
`Q fi CHANGE;
`REASON:
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`CHANGE:
`REASON:
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`CHANGE :
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`REASON :
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`CHANGE :
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`REASON :
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`CHANGE :
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`REASON :
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`CHANGE :
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`REASON :
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`CHANGE :
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`REASON :
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`CHANGE :
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`I
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`DEBRA H/ASS 5’ ASSOCIATES
`(84-7) 5 6+-§57§ -' www.g0tc:cP5.com
`
`

`
`GEORGE E. BULLWINKEL
`
`14
`
`STATE OF ILLINOIS
`
`COUNTY OF COOK
`
`I, DEBRA.MUTH HASS, a Notary Public
`
`within and for the County of Cook, State of Illinois,
`
`and a Certified shorthand Reporter of said state, do
`
`hereby certify:
`
`That, previous to the commencement of
`
`the exandnation of the witness, GEORGE E. BULLWINKEL,
`
`he was first duly sworn.to testify the truth,
`
`the whole
`
`truth and nothing but the truth in the cause aforesaid
`
`before the taking of the deposition;
`
`That,
`
`the testiwpny was reduced to
`
`writing in the presence of said witness by means of
`
`machine shorthand and afterwards transcribed into
`
`typewriting via computer—aided transcription under my
`
`personal direction; and that the foregoing constitutes
`
`a true and correct record of the testimony given and
`
`the proceedings had;
`
`That,
`
`the said deposition was taken
`
`before HE at the time and.place specified;
`
`That,
`
`I anxnot a relative or employee or
`
`attorney or counsel, nor a relative or employee of such
`
`DEBRA HASS 8» ASSOCIATES
`C3‘?-7) 56-‘F5575 ~ www.gotdcP5.c:om
`
`

`
`GEORGE E. BULLWINKEL
`
`15
`
`attorney or counsel for any of the parties hereto; nor
`
`interested directly or indirectly in the outcome of
`
`this action.
`
`I further certify that my certificate
`
`annexed hereto applies to the original transcript and
`
`copies thereof, signed and certified under my hand
`
`only.
`
`I assume no responsibility for the accuracy of
`
`any reproduced copies not made under my control or
`
`direction.
`
`IN WITNESS WHEREOF,
`
`I do hereunto set my
`
`hand and affix my seal of office at Northbrook,
`
`Illinois,
`
`this 29th day of July, 2011.
`
`if
`F .
`,
`,»%~a
`5??ViE4§iQ¥tJ%%§%TfiEi%ég?$f/
`
`,
`
`/
`’
`DEBRA MUTH HASS, CSR, RPR.
`IL
`Notary Public, Cook County,
`My comission expires 4/13/2014.
`Illinois Certified Shorthand Reporter
`License No. 84-1299
`
`Registered Professional Reporter
`
`NOTARY QUBLIC - STNE OF ILLINOIS
`MY COMMISSION EXPlRES'0=1I13l1d
`.a-“~»$'w-wn -wewave». ea» \..€%,JH.,%9«
`
`DEBRA HASS s ASSOCIATES
`(M7) 5 6+5 5 75 -— www.gotcicPs.com
`
`

`
`GEORGE E. BULLWINKEL
`
`16
`
`DEBRA BASS & ASSOCIATES
`
`Certified Court & Deposition Reporters
`4121 Rutgers Lane
`Northbrook, Illinois 60062—2911
`(847) 564-5575 Phone --
`(847) 564-5666 Facsimile
`
`July 30, 2011
`
`Mr. George E. Bullwinkel
`425 Woodside Avenue
`
`Hinsdale,
`
`IL 60521
`
`Dear Mr. Bullwinkel:
`
`Re:
`
`Yenko v. Supercar Your deposition taken 7/18
`
`It is our understanding that you will arrange for the
`review of the above—entitled transcript by the witness.
`Accordingly, we are enclosing errata sheets and the
`original signature page with your copy of the
`deposition transcript.
`
`Please note that Amended.Ru1e 207(a) of the Illinois
`Supreme Court provides that depositions may be used
`fully as if signed should they remain unsigned for more
`than 28 days after having been made available to the
`deponent. We,
`therefore, would appreciate your
`handling this matter within the 28-day limit.
`
`Please return the executed signature page and errata
`sheets, if any,
`to the above address.
`
`Sincerely,
`
`DEBRA HASS & ASSOCIATES
`
`Debra M. Haas
`
`enclosures: Transcript, signature page, errata
`sheet(s)
`cos: Attorneys of Record
`
`DEBRA HASS a ASSOCIATES
`®47)5&$557§~wwwgokEPstom
`
`

`
`

`
`Offered by: Plaintiff
`Cancellation No. 92052197
`Terri Yenko Gould, Executor v. Supercar Coliectibles Ltd.
`
`
`
`
`
`ORGE E. l3[lLl...\-\'I1\‘I{l§IL
`
`..\'i"rot:.\'i~:\'
`
`.-\’i‘ l..-\\\'
`
`_. "-125 \\'(}U] J.‘-ll Dill .\\-'l|lNl'l*}
`
`{INS} ).»\l.lil. 11.1111 l\’( HE-l (H1521
`
`BY CER’l'li*"ED lVlAiL
`
`December 11., 2009
`
`Jim Sullivan
`
`Supercar Collectibles Ltd.
`11760 Justen Circle, Unit E
`
`Maple Grove, MN 55369
`
`Re:
`
`YEINKC) T1'aclema1‘l—:s
`
`Dear Mr. Sullivan:
`
`l represent the Estate of Donald i4‘ranl<
`First, let rne introduce myself.
`Yenko, who as you well know is the man who put Canonsburg,
`Pennsylvania on the sports car map in the 19603 and 1970's with some of
`the most awesome supercars ever produced in America.
`
`Today, Don's Estate is represented by his daughter and executor, Terri
`Yenko Gould. Terri, for the Estate, has recently become concerned about
`the increasing activity of certain companies with respect to commercial
`use of the name and trademark YENKO without the approval and
`permission of the Estate. As you may be aware, in all the years since
`Doris untimely death in 1987"‘, only the long-established Yenko Sportscar
`Ciub of Alton, Missouri has had permission to use the YENKO name.
`
`It has come to our attention that your company has for some time
`advertised and sold lliglvqttality scale models of some of the legendary
`automobiles which bore the Y{3I”ll~ZO name. From what 1 know so Far, your
`products are well made, fairly marketed, and do proper credit to the Don's
`name and reputation. Still, in order to preserve his legacy in the future, it
`is necessary for the Estate to reassert its control over the use of the name
`and trademark YENKO.
`
`>l‘t"[l¥})lilJilI*’ 5'3l'}l'l-E13 33713
`
`a*l7zi.*: V5735) ‘Ll-i
`
`."‘»§-.-'ll3
`
`v'~T\-‘lull
`
`jJ;r-i}.f?l}l?.L11EW'lfil'l€-"l_I'flllll
`
`

`
`Jim Sullivan
`
`December ll, 2009
`Page 2
`
`l have determined that on April l, l997 you were issued U.S. Trademark
`Registration No. 2,049,857 for “toy cars". You assigned your registration,
`and the business to which it pertained, to Supercar Coilectibles Ltd. That
`company renewed the registration on October 13, 2006.
`
`While that registration is now theoreticaily “ineontestable” with respect to
`a challenger claiming prior Lise, it is nevertheless subject to cancelation
`because it falsely suggests a connection to, and/or misrepresents the
`approval by, the rightful estate and heirs of Dori Yenko, all contrary to
`Sections 2{a] and 14 of the Lanham ’I‘radema.rl< Act.
`
`The Estate has therefore requested that l Contact each unauthorized user
`of the Yenlto name, of which your Company is one, and to propose a
`reasonable business solution which benefits all parties. What we are
`asking is that your company assign alé its right, title and interest to US.
`Trademark Registration 2,049,857 to the Estate, or to a Trust which is to
`be established {or the protection and preservation of Don Yenkds memory,
`reputation and heritage.
`
`In return, your company would receive an exclusive license, on reasonable
`terms, to continue merchandising goods in substantially the same way as
`it has been doing,
`in the absence of material breach which is not cured
`within 30 days, the license would be annually self—renewing. Other
`details, including royalty rate, reporting requirements, assignability and
`similar matters would of course be negotiated to each party's satisfaction.
`
`I look forward to your response. Feel free to Contact me by mail,
`telephone, telefax or email, as you choose.
`If you have legal counsel for
`your trademark matters, I would be pleased to talk to them also.
`
`Sincerely,
`
`GEE}/gl)
`
`

`
`Offered by: Plaintiff
`Cancellation No. 92052197
`Terri Yenko Gould, Executor V. Superilar Collectibles Ltd.
`
`
`
`

`
`Offered by: Ptaintiff
`Cancellation No. 92052197’
`Terri Yenko Gould, Executor V. SuperCar Collectibles Ltd.
`
`
`
`RG11} 1'3.
`
`13?. UI.I.iW'INI{.lEL
`
`UNHIL-XLIG. ILI.E.'\'()[Hh'(I'.’>;’.1
`
`1-\'i"1‘m:.\'1~:\'
`
`.-\'l‘ I,A\\"
`
`\\"()()l )HIi )i*.I
`
`.-\\='l*II\'l.'lC
`
`February 12, 2010
`
`Kathleen A. Chyna, Registered Agent
`Revel], Inc.
`191 N. Wacker Drive, Ste 3700
`
`Chicago, illinois 60606
`
`Re:
`
`YELNKO Trademark
`
`Dear Director:
`
`1 represent the estate and heirs of Donald Frank Yenko, who passed away
`on March 5, 1987. You are undoubtecily aware of his reputation and fame
`as a CO1"lSt;I'LtCtC):‘ of unique hignperformance YENKO brand automobiles.
`
`I has come to my attention that your company makes and sells at least
`two 1:25 scaie “YENI<ZO” piastie moctel automobile kits, one of which (SKU
`No. 854237). On the face ol" the box, and on each end panel, is the
`following legend: '69 Chevy® Nova“ “Yenko’““”. On one side panel is
`the statement: “Yenko"*“ used under license to Revell Inc.”
`
`My clients are unaware of any license or permission given to Revell, or to
`any other maker of replicas or models ofYENKO brand automobiles, Don
`to use the name and mark YENKO. Please Contact me at your earliest
`Convenience to discuss this matter.
`
`Sincerely,
`
`GEE/gb
`
`cc:
`
`Revel§, Inc.
`1850 Howard Street, Unit A
`Elk Grove Viilage, IL 60007
`
`Revell-Monogram, inc.
`8601 Waukegan Road
`Morton Grove, Illinois 60053
`
`'l‘(;*l:*§-al1r:I'1:=-filill Alto 33715
`
`cilia;-L !,}.‘i€l Llfl Iilflll
`
`+.':\-"lziil
`
`tit--l)(7{‘lmilw‘ii'1l~:t=-l.a,=u1'1:
`
`

`
`Cancellation No. 92052197‘
`
`Offered by: Plaintiff
`Terri Yenko Gould, Executor v. Supercar Collectibles Ltd.
`
`Dn'nl<erBiddle8.£eaLtl;
`
`
`
`:\lrlt,~;:::t S l3ill<:nl)c'L‘l~;
`3i:-f\{:‘J.-l-lg‘) l]i1'I‘t'{
`H2 5f:‘J-32-#5‘) lynx
`1nt-lisszt.tii[It'ul):Cl(Q£}tllarr:ml
`
`l\'lflfCll ‘J. ZUEU
`
`.'.m lJ,'l44-
`
`l3H'.L'
`ma fxlmtlx ‘»\’.t:Lct
`_‘ii|s‘.x‘ _i “am 5
`l1=t.:gu,ll
`I
`hnlu |Il- l€I~J=‘|
`
`l l2I
`
`_\a,'-ir\=.1~:ta-ua;ll'ImIL‘
`:::'.V\:“)-‘:lKJli Lu
`‘.\‘¥y\\.£illlllxfllhllltllt‘ ts-in
`
`l-"Ea Emm'i' um! U..S‘. Mm‘!
`
`Ml‘. CIL‘L)l'g€ E. Bttilwinkel
`Atitwney at l_uw
`425 Wontlsicle Aventte
`l‘lll3SClGlt:_ IL (30521
`
`Re:
`
`Revel], Inc. — YENKO tr-.uJL-m:tri(
`
`Dear Mr. Rttllwinkel:
`
`We mp-t'::st:n1 Revell_ Inc. in intellectttai pr0pct't_v tmltters. Your l"ehi'ttzu;v l2. Zllll) letter
`to Kettltiecm C'l1_\/nzt ret_zzt1'ciing Revell'5 use of the YIENKKTI t:';tdetttasrl< was lkwwardetl to
`my zttlentitm.
`
`You inquired as to whether Revel] had a v.-'1lit‘l license to use die YL‘NE{O trztclemurk. We
`nuts: that Superenr Collectibles. l.lLl.
`is listed as the current owner oi" the \’El‘\lKO
`traclematrk reg,_tis.trt:1i0n {Reg No. 2,U4‘).357) wilh the U.S. Patient and Tratdemarlc Of§‘ice.
`Revell entered into at license agreement on April E9. 2004. with Sttpercar Collectibles.
`Ltd. to sell prcaduels under the YENKQ Iraclentmk. This agreement has since been
`renewed several times, and the most recent renewztl. dated October E0, 2088, extends the
`term olthe license agreement through December 31. 2010. Copies of the original
`ztgreement and the 2008 1'ent:wu] are eneluscti lbr your refes'euee.
`
`Plettse Contact me with any fttrtlier L§tlf.’—S1lC1l]S.
`
`Sincerely,
`
`‘
`
`fl
`
`Melissat
`
`l_’)i]lenheclt
`
`3.
`
`‘J
`
`lzttulusttres
`CCI
`Ms. Christina Clmcun
`
`Edwin A. Getz. list}.
`25-lb?‘ l‘5}7\ l
`
`Jl
`
`.1l
`L
`
`
`
`

`
`REVE'LL—fi’1QNOGl.LANI, LLC
`725 LnuLlwL'l1L' R.Ll.
`Nuirtlgbrcz-0]; LL. 50052
`Plmne: (B47) 770-Gi()U
`F1324: {S4 7) 563-D3?.(':
`
`
`evellj
`
`April 19, 2004
`
`Stipere.-ar Collectibles, Ltd
`3 [760 lusten Circle -~ Unit E
`Maple Grove, MN 55369
`
`1 [760 Justen Circle --
`'[‘lii:: contract, when signed by Superear Collectibles, Lid,
`Unit E, Maple Grove, MN 55369 ["Licenser"); and Revel]-Monogram, LLC, 725
`Lundwelir Rd, Nurtlibruolr,
`lL 60062 (together with its eaffiliated, associated, and
`stilasidizujr compamies is mllectively referrecl
`to us "Licer:See"}, shall cmlslilute an
`agreement (0 permit the manufacture and sale of‘ pruperly as delilled below.
`
`I.)
`
`Sltlififici to the terms and conditions hereof, Licensor
`GRANT OF RIGHTS:
`grunts tee Licemsee the right to use the Property, as (lcfmed below, in connection
`with the mam:fm:tu1'e, sale, zidvertising and distrilmtion cl‘ the Licensed Product
`during the term.
`
`_{-J
`
`DEFINITZGNS:
`
`:1.)
`
`b.}
`
`the tenn "1’1‘opcrLy" shall mean the
`For the ptnrporses of this agreenienl,
`Yenko Camzlro, specifically apprnvuil by l.ice11:m|'
`tE:.u’i.ng the lcrm of the
`Agreement.
`
`the term "Licensed Products" shall
`For the pumoses of this agreement,
`mean all umisscmbled model hobby icils.
`
`3.)
`
`TERM:
`
`For the purpose of llllfi agrccnient, the tcmi shall commence on the date
`l, 2004 and Shall eontimte without ilatermptien tlirough December 31,
`I-anuu1'}'
`2005. Thereafter, the Agreement may be renewed for additional periods of one (1)
`year if agreed to in writing by both parties no later than September 30th of the
`year of ex.pé1'atien on the same term; and crmditirms as contained herein, unless
`either party netiéies the other party in writing prior to the September 3Dlh dale
`inclicated above.
`
`.‘*'~ V
`
`’i‘l£R§_{l'l‘Ql{Y_’:
`
`The territory for this agreement is worldwide.
`
`

`
`Yenlco — Llcemiu Agmeitluial
`
`2
`
`6.)
`
`'l‘RADl.',‘.MAl{l(: Ci) l’YRl(}I‘l'I': l’/t_'E_'EN'l.':
`
`l.icensnr czcmlirins that this contract constitutes 21 ecm-exclusive agreement
`:t.)
`to reproduce the ztciuzzl 1'elerem:ecl cats’
`in scale model form,
`‘-1llL‘l grzums to the
`ljwensee the right to use all t'nat'lrs depicted on the actual vehicle during the Term.
`Licensee hen»:
`the right to depict the actual reference cm‘
`in connection with the
`manuliaeture, safe. advertising ;-mci clistrihutiun of the Licensed Preducts during
`Lltu 'l|L::'l1t.
`
`"l'RA£}l!".l\41AR.l‘\' A ND COi'\’Rl.GH'l‘ NOTECES:
`
`The L.:een.~;ce shall be requirecl to place ugmropsriztte trademark and cupyriglti
`notices on l§1eLl<;ensucl Pmdttcts. 1'..icen.*see shall be pertxtjtted to place the name
`R_§:'V]3lil.,-M(JNOGKAM ® audios‘ the designation " © 2004 R.EVElI.I_.-
`lvI()NO(.lRANI All régltls re.~;erved" en the box in which the licensed products are
`contained. llems (such as box art} submitted fer aplnrevul to LlI‘J(’.tlS{J:'Sl1Ltll be
`deerncd auppmvcd if:-an ;'c::;punsu is received within thirty (30) days. License:
`legal notice will he
`lbiiuws:
`
`8.)
`
`PA YNIENTS AND STATEt\'IENTS:
`
`All royalty payments due the Licensor, Eiereunder, shall be submitted to the
`Licenser on a quarterly basis at the following address:
`
`Supcrcar Collectibles, Ltd
`l 1760 Justen Circle —— Unit E
`
`Maple Grove, EVEN 55369
`
`rm mi5L:,,_1.‘3ifl'€a5 3”}
`
`_
`
`

`
`Ycnke - luiccsisc Agrecirient
`
`3
`
`Licensee shnil submit 11 quarterly reporting for each throennonth period after the
`end of the appiicuble period. All payments shall be accompanied by as statement
`in reasonable detail demonstrating the computations and amounts used in
`computing the royalty grnynients remitted with the statement.
`it should be
`understood that until the amounts covered by the royalty advance are exceeded,
`the statements will not be accompanied by at corresponding nnyinent.
`
`9.]
`
`TECHNICAL ASSISTANCE:
`
`The Licensor agrees to provide the Licensee with access to the vchicics (if
`available) indicated in this contract for the pl1lj)(‘JSCS of authentic product research.
`
`in.)
`
`APPRO VALS:
`
`Licensee agrees to submit copies ofthe decal art and box art to Liecnsor
`for approval prior to the first production run ofthis item.
`
`
`ENTIRE AGREEl‘“.5.EN.T=
`
`ll.)
`
`This agreement contains the full and complete understanding between the
`parties hereto and supersedes all prior understanding, whether written or oral,
`pertaining to the subject matter hereof and cannot be modifieti except by written
`ztgmemcnt signed by the parties hereto.
`
`IN'DE1‘VlNIFICA'i‘I{}§\l:
`
`a.) Liccnsor agrees to indenrnify and save harmless Rcveil-Monogrtun,
`LLC from and against claims, demands, damages, costs and attorney’s
`fees
`involving any breach of the representations and warranties
`contained herein and from any claim alleging that
`the Licensed
`Property infringes the rights of :1 third party. if any third person ‘brings
`a lawsuit or makes a claim alleging that Rcvcli—Monog1'£nn’5 use of the
`Licensed Properly constitutes an iniiingenzeiit of the rights of such
`third party, Re-vel]—Monogram shall give the Liccnsor notice of such
`claim or lawsuit. Licenaor shall defend nny such lawsuit or claim, and
`any and all expenses thereof and ail liabilities resulting therefrom shall
`be borne solely by Liccnsor. After notice has been received by Reveil-
`Monegtnrn, Reveildvlonogram shall be entitled to escrow nii royalties
`accrued tlierenfter to defray costs incurred and damages assessed until
`such time that the int'ringemeut.cl1nrgc is settled or otheiwise disposed
`of. Any excess in such escrow account shali. be paid to the Licensor.
`Such indemnity shall be in addition to any other remedy available to
`Revell~l\/lonogrnm.
`
`b.) Reveli~Monogrnm agrees to indemnify and save hnrmiess Lieensor
`and undertakes to defend itself and Liccnsor against and hoid Licensor
`harmless
`from any claim,
`suites,
`loss
`and damage,
`including
`Licensor’s reesonnble and necessary attorneys’ fees arising out of any
`aiiegedly unauthorized use of any patent, preocess,
`idea, method or
`
`

`
`Yenko - License Agreement
`
`4
`
`device by Revell-Monogram in connection with the Licensed Products
`or
`:t1'i5ir1g out of any other alleged action by Revel!-Monogram
`including any claim. suit,
`loss andior damage arising out of alleged
`defects in the Licensed Products.
`
`2.} Any clisptttes to be ntitigutcd by arbitration, will be conducted through
`American Arbitration Association, in Cook County Illinois.
`
`I3.)
`
`ENSURANCE:
`
`Licensee will olntoin and tnziintain at
`
`its own cost Commercizil General
`
`inelucling but not limited to products, completed operalioms
`Liability lnSUr:1:1C€,
`and contractual
`liability,
`in amouitts not
`less
`than One Million Dollars
`(f5 1 ,D(l[l,0G0.Gl)) per uecutTcnL:e.
`
`14.)
`
`FINEST-lZELl 1’RODllC'i':
`
`24 pieces of the Fmislted item will be provided for ptmaonal promotion use.
`Licransor can p\Ji'cl1ase additional quutttities at the listed "A" price.
`
`15.}
`
`SELL—OFFi’l€RlOl>:
`
`Upon tersniitoiion or expimtioti of this agreement, LlCE:l'1.‘i<:E shall have 21 period of
`one lutndretl eighty (180) days within Wlliclt
`to dispose of any existing inventory and
`l.l"i§:I't‘:ulll.’[‘ Lieetisee shall discontinue the use ol"ll1v.-3 traclemztrlis on such lieettsetl prociucts.
`
`We look fonvartl to worlc§_ng with you during the terms ol'Ll1is agreement.
`
`8 iztcert: l y,
`
`I1EVE1JIJ_ M()l‘~lOGRAM, LLC
`
`___
`
`FOR REVELl..,-IVIONQGRAM, LLC
`
`_, gt’/’~*~‘»"fzé"f%w__
`
`DATE
`
`,
`
`‘ flit”
`
`;x3»i=;t.J
`
`Supercar Collectibles, Ltd
`
`,(¥/Z6‘/6? 9/
`
`DATE
`
`,__.,_
`
`

`
`
`
`iU£‘r’lIi..E.. INC
`H550 Howard, Unit A
`Ell: Crow: \'iiiugc, Ti. 0000?
`Pi'II:]t)L'Z (B-$7) 758-3?.flU
`F112:-: (847) 758-3206
`
`
`
`RENEWAL OF LlCENSE_AGR_EEMENT
`
`this HJ"' day of October, 2008 and is by and between
`THITS AGREEMENT is datnci
`Supcrcar Coilectibles, Ltd ("L.icens01"') and Revell Inc, 1850 Howard Unit A, Elk Grove
`Village, IL 50007 ["Linen::e.a").
`
`VVITNTLSSETH:
`
`W HEREAS, on er absmt April 19, 2004, Liccnsnr and Licenses cute:-an into an
`::1gr::L:mcnl
`(the "Ag1'eetneni“) nn(jt:1' which Licensee was granted the noL1—<:x,c§u3ivt;,
`worldwide right to usz: the ‘(amino ueime, Ingns and designs as they reiutu to the licensed
`pmti11t:.l pmpt:1'ty owned by lht:
`l,.ic;<:nso1',
`to describe ttlmssnrilbleii model bobby kits of
`any S]}UCifiC sculc 1TtanL:iE1t;t11rt:d and swirl by f.icL:n:;uc; and
`
`WEJEREAS, tlte p-.tr:i<::a t‘lr:5it'e: to cxtund the terms of the agnzrsmaant tilrrmgh December
`3 l, 2008, as pmviducl in the R£5l’:L3W'£ii of"! .i(;[:l'l5B Ag1Lcn1ent dated Juntlary 28, 2008.
`
`NOW, THERE1?Ol'{E?., the rcctzipt and Hllffifiieflcy of which are hereby acknowledged,
`the pzwtitas agree as follows‘.
`
`EX'E'.l§NSIO£‘€ OF 'l'1'i'.R.M. The term of the Agrccincnt
`1.
`through I.)t:cr::mbci' 3 l, 2010.
`
`is hereby cxttsndcci
`
`The term "1‘mpcrty", as set forth in the
`IJIJLFINITION OF PROPERTY.
`2.
`Agreement, shalt mean the Ycnlgu C;_m_1am inzmtzfncnirecl by the Licesnsuu, and spncifically
`approvuti by i_.iCl:nS()1' duting the term of the Agreement. The agreelmznt
`is hereby
`unmttdcd to spccificaiiy g.1_d__t_1 “Yt:n1tu Nova" nwnetl by the Liccnsmr and manufacture by
`Licr:.:1scc.
`[ A\'A"’i(}.9.}"'i
`
`Llpen turminatinn or expiration of this agreesnent,
`SE.LL—OFF "PERIOD.
`4.
`Licensee 511.11! have 21 pcrind of one hundrcci eighty (180) days within which to dispose of
`any existing invcntoty and tlierenfier Licensee shall discontinue the use ot'1‘.i_1c trztdeinarks
`on such licensed _products
`
`

`
`}’enA'afS:rpcr'crr:' €.'.'o.’i::r:Iu'1’:Ie.\‘
`
`~~ Renewed Li»:;::n.a'e Ag1‘r:eJm:m'
`
`Other than as specifically set forth in this Renewal agreement dateé October £0, 2008, the
`Agreement remains unchanged and of fuil force and efi'"'ect', any cenflic£ between the
`Agreement-.u1d this Renewal shali be controlled by this Renewal License Agreement.
`
`IN WITNESS WIIEREOF, the pa.1':ie.'~; herein have caused this Renewal Agrctimcrit to
`be signed on tile day and your firs: ulmvc written.
`
` e ;'»~’“J,z€cW
`
`W::»‘}§EaT1_15zi_Vi}'ii5EE-fig, ;+;I;»;;‘c{rm
`Supcrcar C<JllcctibE<:.=;, Ltd
`
`l‘-3
`
`

`
`Offered by: Plaintiff
`Cancellation No. 92052197
`Terri Yenko Gould, Executor v. Superflar Collectibles Ltd.
`
`.-'£'.3{fFHB.s’TA
`
`TRADEMARK ASSIGND/EN?
`
` =-3G
`
`WI-IEREAS, Supercar Coliectalile Limited, a corporation having an address of 11760
`Justen Circle, Unit E, Maple Grove, Minnesota 55369 (“Supercar”) has adopted, used, and is
`using the tmdemarlc YENKO in connection with toy cars and is the owner of common law rights in
`such trademark as well as United States Patent and Trademark Registzation No. 2,049,857 for the
`mark YENKO for “toy cars” (hereinafter collectively referred to as the “Trademark Rights");
`WHEREAS, General Marketing Capital, Inc., a corporation having an address of
`18460 Gotliard Street, Huntington Beach, CA 92648 (“GMCI"),
`is desirous of acquiring
`ownership of all righ