Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA353145
`ESTTA Tracking number:
`06/16/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
`
`Notice is hereby given that the following party requests to cancel indicated registration.
`Petitioner Information
`
`Name
`Entity
`Address
`
`Keith G. Greer
`Individual
`2470 Juanita Way
`Laguna Beach, CA 92651
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney
`information
`
`Matthew J. Lattig
`Charter IP LLC
`PO BOX 64
`The Plains, VA 20198
`UNITED STATES
`mailroom@charterip.com Phone:5402535332
`Registration Subject to Cancellation
`
`Registration No
`Registrant
`
`2828458
`Dorcy International, Inc.
`2700 Port Road
`Columbus, OH 43217
`UNITED STATES
`Goods/Services Subject to Cancellation
`
`Registration date
`
`03/30/2004
`
`Class 011. First Use: 2002/11/20 First Use In Commerce: 2003/06/12
`All goods and services in the class are cancelled, namely: flashlights
`
`Grounds for Cancellation
`
`Abandonment
`
`Trademark Act section 14
`
`Attachments
`
`Pleading_wEXHIBITSa.pdf ( 12 pages )(2934583 bytes )
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Signature
`Name
`Date
`
`/Matthew J. Lattig/
`Matthew J. Lattig
`06/16/2010
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`RE: Petition for Cancellation of Reg. No. 2,828,458, SPYDER, in International Class 011
`
`
`
`KEITH G. GREER
`2470 Juanita Way, Laguna Beach, CA 92651 [Petitioner/Plaintiff]
`
`v.
`
`
`
`
`DORCY INTERNATIONAL, INC.
`2700 Port Road, Columbus, OH 43217 [Registrant/Defendant]
`
`
`
`
`
`
`
`
`
`
`
`Attorney Docket No.: 8013/0003TUS1
`
`U. S. Patent & Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`
`
`
`
`
`
`
`
` June 16, 2010
`
`PLEADING IN SUPPORT OF PETITION FOR CANCELLATION
`
`
`
`
`
`1. Plaintiff KEITH G. GREER believes it has a real interest in the above proceedings in
`light of the following information below.
`
`2. Plaintiff is developing and in the process of manufacturing for sale a unique and novel
`specialized flashlight.
`
`3. Plaintiff is imparting on a marketing and sales campaign later this year to launch a new
`product known as SPYDERLITE. The SPYDERLITE is a high-intensity lithium-battery
`powered flashlight. As shown in EXHIBIT A, the body of the flashlight includes a
`slidable collar having pivotable legs attached thereto and extendable therefrom for providing
`a portable stand for the flashlight.
`
`4. In anticipation of the launching of the SPYDERLITE product, Plaintiff filed a trademark
`application on June 18, 2009 in class 011 for “flashlights”, and was assigned Serial No.
`77/763,337 (SPYDERLITE).
`
`
`

`
`Attorney Dkt: 8013/0003TUS1
`
`5. The trademark examining attorney, in an office action dated September 17, 2009, refused
`the ‘337 application under section 2(d) as likely to raise confusion with several
`registrations, including the flashlight of Defendant’s registered mark SPYDER®.
`
`6. Beginning on or about January 28, 2010, Plaintiff’s representative began casually
`researching the product online. Plaintiff’s representative initially searched Defendant’s
`website to look for the product for sale. No product was found searching the term
`“SPYDER”.
`
`7. Exhibit B reveals no product listing of a SPYDER product on Defendant’s website as of
`June 15, 2010.
`
`8. Exhibit C reveals a 2004 product recall for the lithium batteries included in the Dorcy
`SPYDER® Tactical Xenon Light. Subsequent Google search results revealed chat room
`sites indicating that the product was being removed from large national chains such as
`COSTCO as early as 2004.
`
`9. On January 28, 2010, Plaintiff’s representative directed contact with online sales at Dorcy
`via electronic mail, to inquire as to whether the Dorcy SPYDER® Tactical Xenon Light
`was available for purchase. In an e-mail dated January 30, 2010, the company
`representative responded that the “Spyder light was discontinued”. See EXHIBIT D.
`
`10. Plaintiff has a direct and personal stake in the outcome of this proceeding, at least
`because Plaintiff’s applied-for mark SPYDERLITE has been refused registration due to
`Defendant’s registration to SPYDER.
`
`11. The undersigned, understanding that willful false statements and the like so made are
`punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such
`willful false statements, and the like, may jeopardize the validity of the application(s) or
`any resulting registration(s), declares that he/she is properly authorized to execute this
`pleading on behalf of the Plaintiff; that all statements made of his own knowledge are
`true; and that all statements made on information and belief are believed to be true.
`
`
`
`Respectfully Submitted,
`
`
`
`Matthew J. Lattig, Attorney for Plaintiff
`
`CHARTER IP, LLC
`P.O. Box 64
`The Plains, VA 20198
`540.253.5332; mailroom@charterip.com
`Attachments: EXHIBITS A-D
`
`
`
`2
`
`

`
`EXHIBIT A
`
`EXHIBIT A
`
`e
`
`
`

`
`EXHIBIT A
`
`

`
`Dorcy Direct LED Flashlights, Lanterns and Batteries
`
`EXHIBIT B
`
`Sales: sales@dorcydirect.com
`
`Home New Products
`
`Special Offers
`
`Shipping Info
`
`Contact Us
`
`FAQs
`
`spyder
`
`My Account My Wishlist
`
`Shopping Cart (0)
`
`Order Status/History
`
`Login
`
`Welcome to Dorcy Direct your online headquarters for High Quality
`portable lighting products. Dorcy International produces a wide assortment
`of flashlights and lanterns, and for more than 50 years has been bringing
`the latest technology to the market.
`
`Wireless Motion Sensor
`
`Lights where you need it and
`when you need it.
`
`.
`Take our Survey
`
`New Products
`
`41-4225 LED Rechargeable High
`
`Power Worklight
`
`Lumens: 400Run Time: 2 HoursBeam Distance:
`
`100 Square F...
`
`Price: $59.99
`
`Details
`
`Add To Cart
`
`41-4296 K2 LED Spotlight w/batteries
`
`Regular Price: $39.99
`
`On Sale For: $37.99
`
`Details
`
`Add To Cart
`
`41-1070 LED Motion Sensor
`Stair-Lite
`Price: $24.99
`
`41-2093 42 Lumen LED
`Headlight
`
`Regular Price: $16.99
`On Sale For: $15.99
`
`Categories
`
`LED Flashlights
`
`Metal Gear Performance
`
`Motion Sensor Lighting
`
`New Products
`
`Submersible LED Light
`
`Holsters
`
`Lanterns
`
`Headlamps
`
`Spotlights
`
`Safety Lights
`
`Renewable Energy
`
`Signal Wands
`
`Replacement Parts
`
`Standard Flashlights
`
`Batteries
`
`Life Lock Offer
`
`Camping
`
`Kids
`
`Clearance
`
`Videos
`
`Shop By Department
`
`Batteries
`
`Lumens
`
`Use
`
`http://www.dorcydirect.com/[6/15/2010 6:12:57 PM]
`
`

`
`Dorcy Direct LED Flashlights, Lanterns and Batteries
`
`EXHIBIT B
`
`Sales: sales@dorcydirect.com
`
`My Account My Wishlist
`
`Shopping Cart (0)
`
`Order Status/History
`
`Login
`
`Home New Products
`
`Special Offers
`
`Shipping Info
`
`Contact Us
`
`FAQs
`
`Your search did not result in any matches
`
`Home | Returns Policy | Privacy Policy | Security Policy | Contact Us
`
`Copyright © 2010 Dorcy International, Inc. All Rights Reserved.
`SUMMER SALE 20% Off EVERYTHING. Coupon Code: SUMMER
`
`http://www.dorcydirect.com/search.aspx?SearchTerm=spyder[6/15/2010 6:13:45 PM]
`
`

`
`Fuji Batteries Sold with Dorcy Xenon Flashlights Recalled by Dorcy International
`
`Page 1 of 4
`
`EXHIBIT C
`NEWS from CPSC
`
`U.S. Consumer Product Safety Commission
`
`Office of Information and Public Affairs
`
`Washington, DC 20207
`
`FOR IMMEDIATE RELEASE
`February 3, 2004
`Release # 04-075
`
`CPSC, Dorcy International Announce Recall of Fuji
`Batteries Sold with Dorcy Xenon Flashlights
`
`Dorcy's Hotline: (800) 837-8558
`CPSC Consumer Hotline: (800) 638-2772
`CPSC Media Contact: (301) 504-7908
`
`WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission announces the following recall in
`voluntary cooperation with the firm below. Consumers should stop using recalled products immediately unless
`otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
`
`Name of product: Fuji Power and A&T Fuji Power CR123A 3-volt lithium batteries originally provided with the
`Dorcy Spyder Tactical Xenon Light (Product 41-4200), also sold in packages of two flashlights under the name
`Dorcy Xenon Tactical Light. The same batteries – sold in another manufacturer's flashlight – were recalled in an
`earlier CPSC announcement: www.cpsc.gov/cpscpub/prerel/prhtml03/03195.html
`
`Units: 20,000
`
`Manufacturer: Dorcy International Inc. of Columbus, Ohio
`
`Hazard: The batteries may overheat, leak, or rupture, presenting a potential for fire and injury.
`
`Incidents/Injuries: Five reports have been received about batteries overheating and causing the flashlight to
`burst. Dorcy has received four reports of minor damage to clothing and personal items and burn injuries. In one
`case, the batteries allegedly caused or contributed to a house fire.
`
`Description: Each of the 3-volt lithium batteries has a white label with the words "Fuji Power" or "A&T Fuji Power
`CR123A." The batteries were provided separately in pairs in packaging with the flashlights.
`
`Sold at: National retailers including BJ's Wholesale Club, Orchard Supply Hardware, Ace Hardware, Tru Value
`Hardware, Meijer Stores, Fred Meyer, Marvins, Sport Chalet, and Sportsman Guide.
`
`Manufactured in: Taiwan
`
`Remedy: Call Dorcy International Inc. toll-free at (800) 837-8558 to receive free replacement batteries for each
`pair of batteries originally provided with the Spyder Tactical Xenon Light or the Xenon Tactical Light. Consumers
`also can return the flashlights to the store for a refund or replacement.
`
`Consumer Contact: Call Dorcy International Inc. toll-free at (800) 837- 8558 Monday through Friday, 8 a.m. to 5
`p.m. ET. Dorcy's web site is www.dorcy.com.
`
`
`http://www.cpsc.gov/cpscpub/prerel/prhtml04/04075.html
`
`6/15/2010
`
`

`
`Fuji Batteries Sold with Dorcy Xenon Flashlights Recalled by Dorcy International
`
`Page 2 of 4
`
`EXHIBIT C
`
`
`
`
`
`http://www.cpsc.gov/cpscpub/prerel/prhtml04/04075.html
`
`6/15/2010
`
`

`
`Fuji Batteries Sold with Dorcy Xenon Flashlights Recalled by Dorcy International
`
`Page 3 of 4
`
`EXHIBIT C
`
`
`
`http://www.cpsc.gov/cpscpub/prerel/prhtml04/04075.html
`
`6/15/2010
`
`

`
`Fuji Batteries Sold with Dorcy Xenon Flashlights Recalled by Dorcy International
`
`Page 4 of 4
`
`EXHIBIT C
`---
`
`
`
`CPSC is still interested in receiving incident or injury reports that are either directly related to
`this product recall or involve a different hazard with the same product. Please tell us about it by
`visiting https://www.cpsc.gov/cgibin/incident.aspx
`
`The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of
`serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC
`is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or
`mechanical hazard. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power
`tools, cigarette lighters, and household chemicals - contributed significantly to the decline in the rate of deaths
`and injuries associated with consumer products over the past 30 years.
`
`To report a dangerous product or a product-related injury, call CPSC's Hotline at (800) 638-2772 or CPSC's
`teletypewriter at (301) 595-7054. To join a CPSC e-mail subscription list, please go to
`https://www.cpsc.gov/cpsclist.aspx. Consumers can obtain recall and general safety information by logging on to
`CPSC's Web site at www.cpsc.gov.
`
`
`
`http://www.cpsc.gov/cpscpub/prerel/prhtml04/04075.html
`
`6/15/2010
`
`

`
`EXHIBIT D
`
`Heather Lattig [bugnhel@gmail.com]
`Sunday, February 07, 2010 6:46 AM
`Matt Lattig
`Fwd: SPYDER Tactical Xenon Lights
`
`Matt Lattig
`
`From:
`Sent:
`To:
`Subject:
`
`
`
`Sent from my iPod
`
`Begin forwarded message:
`
`From: "Web Sales" <websales@dorcy.com>
`Date: January 30, 2010 8:48:16 AM EST
`To: "Heather Lattig" <bugnhel@comcast.net>
`Subject: RE: SPYDER Tactical Xenon Lights
`
`Heather,
`
`The Spyder light was discontinued and I always try to help out people with the Spyder. It was a
`bright light and replacement parts are not available for it such as the bulb.
`
`
`
` The 41-4297 light is the best replacement for the light. It is brighter, bulb never burns out and
`much more energy efficient
`
`http://www.dorcydirect.com/p-104-41-4297-160-lumens-6-watt-3aaa-k2.aspx
`
`
`
`If you choose to order online here is a SPECIAL coupon for you .
`
`Coupon code: heather 30% off and free shipping.
`
`
`
`
`
`Enter coupon on cart page and will expire after 1 use.
`
`
`
`
`
`www.dorcydirect.com
`
`
`
`
`
`Thank you
`
`
`
`
`
`

`
`Mark Craddock
`
`IT Director / Online Sales
`
`Dorcy International
`
`614.333.1000
`
`
`
`
`
`EXHIBIT D
`
`)URP +HDWKHU /DWWLJ >PDLOWREXJQKHO#FRPFDVWQHW@
`6HQW 7KXUVGD\ -DQXDU\    30
`7R :HE 6DOHV
`6XEMHFW 63<'(5 7DFWLFDO ;HQRQ /LJKWV
`
`
`
`
`
`Hello,
`
`
`
`I am emailing to see if you are still selling the SPYDER Tactical Xenon Lights or any newer
`SPYDER flashlights. My father-in-law has an old one and he wants a replacement but can’t find
`one anywhere. He thinks the SPYDER line must be discontinued. Please let me know if you
`have any of the products available.
`
`
`
`
`
`Thank you,
`
`Heather
`
`
`
`