Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA518283
`ESTTA Tracking number:
`01/26/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92054704
`Defendant
`Zuffa LLC
`MICHAEL N FEDER
`GORDON SILVER
`3960 HOWARD HUGHES PKWY, NINTH FLOOR
`LAS VEGAS, NV 89169
`UNITED STATES
`trademarks@gordonsilver.com, bdonaldson@gordonsilver.com,
`mfeder@gordonsilver.com
`Motion for Summary Judgment
`Zuffa, LLC
`asedlock@gordonsilver.com, bdonaldson@gordonsilver.com
`/Andrew D. Sedlock/
`01/26/2013
`Exhibit 13_Part8.pdf ( 7 pages )(475915 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`EXHIBIT 7
`
`EXHIBIT 7
`
`UFCOO0791
`
`

`
`“”'ULTlMATE FITNESS CENTER
`1376 Third Avenue. Chula \-’is12LCA 91911
`
`(619) 427-3488
`
`Authorization and Agreement
`
`Monthly Payments - Electronic Funds Transfer
`
`\y
`
`.’ »
`7
`I,
`referred to as “UFC,”" to debit my
`Amount of Monthly Debit: $
`Cormnencing (date)<;i‘
`‘ r T
`Name of DepositoryIhérifuiiorrbfii T
`Checking AccounINo.
`1;:-<’~
`
`V
`
`j
`
`~
`
`=
`
`hereby authorize Ultimate Fiiness Center, hereinafter
`Checi<ing :1 VISA Cl M-aszerCard account:
`CONTRACT No.
`day of each month thereafter.
`W
`’
`\V'
`
`and on the
`.
`.
`\
`‘
`ABA No.
`
`.
`
`VISA or MasterCard Account No.
`PLEASE COMPLETE THE AB()VE-REQUESTEI) l:'\‘FORMATl()N OR ATTACH A VOIDED CHECKICREDIT
`CARI) DRAFT (as appiicahiey
`
`This authorization is to‘ remain in full I‘orc.c and em-.ct until UFC and the depository insiilutian have received written
`notification from ma-nzqucsring termination. iundcrsmnci that i nmycancci my momhlyciucsal any iinmaiier twelve monlhs.
`
`
`V1{1ia~M°i:E’i2 :KUTHORlZATI()N
`
`ZU FFA00177
`UFC000792
`
`:
`
`

`
`DEFAULT: Member agrees that any failure to pat
`UFC the total of the “balance of cash payment“ within
`thirty (30) days from the date of enrollment will resttit
`in suspension of mernher’s use of the club until such
`time as the member pays the amount due in fult. In
`addition, member will be in default of this agreement.
`The club can require member to pay the haiance plus
`any necessary collection costs, attorney fees and court
`costs.
`
`
`
`.$§
`3%
`
`Enrollment Fee entitles one to become a member and
`
`3. Paid in Full
`
`$
`
`Receipt ll
`
`Method of Payment:
`:1 VISA
`o MASTERCARD
`
`:3 AMERICAN sxpnnss
`:1 DISCOVER
`\,.»~~€;l"CIrIECK it
`o CASH
`‘
`‘
`
`,
`
`p
`
`NOTIQE T5; THE BLTYER:
`
`Buyer is aware that participation in 3 sport or physics?
`exercise may result in accident or injury, and the buyer
`assumes the risk connected with the participation in 3 a
`sport or exercise and represents that the member is in
`good health and suffers from no physical impairment
`which would limit their use of UF’C’s facilities. UPC‘
`and its agents andfnr entplngrees shall not be liable in
`member for any claims, demands, injuries, or less of
`personal property that may result from the use of
`UFC’s facilities.
`
`I
`
`BUYER ACKNOWLEDGES THAT HE./SHE HAS §:=
`RECEIVED A FILLED-IN, SIGNED COPY SF 1
`THIS AGREEMENT, AND OF EACH OTHEF;
`DOCUMENT WHICH IIEISHE HAS SIGNED.
`
`This contract does not include baby-sitting.
`
`Bahy-sitting isavaiiable at a nominal fee.
`
`Any exemption must be listed below.
`
`
` Btt§’er’s Sig Eltllfff/_,.
`
`Date
`Sellerisiéisfintitttre ‘D
`Special conditions are to be approved by management
`only.
`
`’
`
`
`
`
`
`ZUFFAOO178‘
`I 53099193
`
`§ 1
`
`,
`
`
`
`altows tltelowermonthly membership rate, Membership
`dues are for use of the club and services, and are
`separateitem.TheEnro1irrientFeeisrtotaprcpayntent
`for services; it is earned by the club at the time of
`enrollrne tit and pays forgcommissiorts, computer setnpr
`membership card, adrninisiratiire‘ costs and is not:~ 4:
`refundable.
`
`ITEIVIIZATION OF AEHUI; ‘T5
`1. Er1rnllmentFee $
`2. Monthly Dues
`$
`
`‘4
`
`&;L..
`
`....—....-a‘.....
`
`\-——J...._, .... 51-’;
`
`r.».~.M..~.,«-—..
`
`.t...-..
`
`Seller, ULTIMATE FITNESS CENTER, hereinafter
`referred to as “UFC,” for the person or persons
`listed below‘ (sonie.tim\es hereinafter referred to as
`“Menrber’?}..a Club mentbership(hereinafterreferred
`to as “Membership” whether one or several. mem-
`berships) under the terms and conditions contained
`in the front and back ofthls agreement, and promises
`to pay for such membership in accordance with the
`statement of disclosure. This membership permits
`the Member to use UFC’s facilities at the location
`shown above.
`
`.
`
`Initials. Buyers initials in this box means
`that this is a renewable membership subject to a
`twc.lve—month obligation. This paragraph applies in
`lieu of the following paragraph which is deemed
`struclo‘ in consideration for ~th"e‘enriolimen«t fee of
`is
`2‘
`V
`,thernemi)ershallhavetherightto use
`U§?C’s.‘j“taci.lities commencing on the date of
`» F
`“ ‘i
`4
`as provided herein. Member's right to
`use UFC’s facilities shall continue thereafter in
`consideration of Member paying, in addition to the
`initiation fee, £;:§l““m.onthiy' Zhquarterly dues of
`*3
`beginning on theéis1,st..,orl1l5th following
`the date signed as shown above and continuing on
`the same date thereafter, or for tweive (12) months.
`Dues paid monthly must be paid through an automatic
`bank debitorelectronic fundstranster (EFT). Renewal
`fees are to be paid directly to UFC. FAILURE OF
`NIEMBER TO USE UFC’S FACILITIES SHALL
`NGT RELIEVE BUYER OF THE OBLIGATION
`TO MAKE PAYMENTS AS SET FORTH IN THE
`“STATEMENT OF DISCLOSURE,” UNLESS
`OTHERWISE HEREIN PROVIDED.
`
`To keep a dues or renewal membership valid, dues
`must be paid continuously whether member uses
`UFC’s facilities or not.
`If there are no dues or
`
`renewal fees specified on this contract, membership
`is terminated unless membership is paid in full for
`a specified length oftirne. Ifthe member responsible
`for payment of dues or renewal fees on
`reiated
`contract fails to do so, alt related contracts become
`null and void.
`
`This agreemcntis subjecttoUFCcorporation approval
`and also may be canceled by Buyer within 72 hours
`by notifying UFO in writing of nonacceptance ofany
`of the terms herein.
`
`Please print clearly.
`C] Mrs. El Miss El Ms. El Mr. SSN:
`
`-
`
`D013: 2 “
`
`ADDRESS:
`CITY:
`»
`’
`
`»
`
`f APT.
`I STATE:__ ztr;
`
`’
`
`HOME?l?’HONE:
`
`WORK PHONE:
`
`’
`
`IN CASE or EMERGENCY:
`
`REP USE QNLY
`Membership Type:
`
`INITIAL
`:
`°
`
`INCLUDED: Tanning Beds
`
`YES E3 NO
`
`

`
`flu-lmn-[E
`
`
`
`Membership Agreement
`1380 3"‘A .Ch 1 V‘ taCA, 91911 (619)427-3488
`
`
`vnvw:lfim:t:fitIl::sscentuchuhvism.com
`
`Street Address
`
`
`
`
`
` e-mail address
`Home Phorie
`\ no ,1
`3 ob CelVOther Phone
`l U:
`I
`‘
`
`
`IMMEDIATE FAMILY MEMBERS INCLUDED on M£MBERSIllP MUST LIVE AT SAME ADRESS AND uss sum: SOURCE or PAYME1\"_l‘ AS MEMBER.
`
`
`It is agreed by and between Ultimate Fitness Center (“UFC”) and you, the undersigned Buyer, that you are purchasing a membership from UFC
`according to the terms and conditions this Membershin Agreement states.
`
`El Paid in Full (PIF) Membership:
`
`_
`
`_
`
`.
`
`—
`
`Annual Renewal:$
`
`Pre~Paid Dues
`
`.—
`
`F‘ CASH
`
`pf” 12 Month Stay Fit
`D 24 Stay Fit
`
`_
`
`D Monm to Month (Open)
`
`-
`
`‘
`
`‘
`
`S
`
`Balance Due
`‘The length of this Agreement is a minimum of
`months, subject to the cancellation and
`renewal provisions llcrsinu-to
`
`:
`
`Monthly Payment Authorization: I authorize my bank or credit card company to pay my monthly dues and understand that
`they will continue for the agreed term and will continue there after until I give UPC a thirty (30) day writlen notification to terminate.
`Cl Savings Account:
`D Checking Account:
`
`)3
`- >5 m‘
`:_\V(._V_.—.?.
`i
`U?
`Ll
`‘—/‘=13
`3
`l
`Account ii:
`Credit Card:
`(Monthly dues and $10 monthly processing lee will be applied to Creditlbehit cards)
`?.4__...,._,/W
`
`Li
`
`,1’,
`
`§"«;ifl\i
`
`Exp. Date:
`
`1.
`
`Terms and Conditions:
`Twelve-month tenn membership may noi be cancelled wiflnn the 12-month term; Dues will continue lhezeafler unless notice is given in person to Uliimate Fitness Center
`Management for sermination of dues. Dues will be billed one last billing cycle following a 30- day native to cancel. A twenty-dollar one time annual equipment maintenance fee will
`J-
`be charged annually.
`"
`£7 / .\
`Amoanh-to-month membership may be amcelled at any lune given a 30-day notice in pason to Ultimate Fitnws Center Management for termination ofmembership.
`s
`,/I /«J
`2.
`Family add-ons are not authorized to cancel, transfer or have .-my said privileges Without an additional fee of $49.00 to split from primary member.
`“'
`3.
`A prepay (P117) membership is for pre paid services and is not entitled lo a refund ifmembcr chooses not to utilize the facilities. If partial payment is made, balance is due within 30
`4.
`days or membership is void and no refund will be given on initial down payment.
`‘Cancellation: This membership agreement may be canceled at any time ofthe fifih business day from the date signed for non acceptance of the terms however, enrollment fee not
`refundable. It pays for commissions and administration fees and therefore earned at poinl ofseli.
`“Freeze Policy: any membermay place a membership on hold for a aximuru of six (6) month, providing thax lheir membership is current and completed their term for a fee 065.00 per
`month, billed through EFF. No charge will be enforced for medical conditions Medical membership “freeze" will only be recognized by a state approved docuxr.
`*EFl': IfBuyer’s enrollment date is the first through the fifteenth ofthe month, monthly dues will begin on the first day of the following month, or ifthe enrolment date is the sixteenth
`through the and ofthe month, monthly dues will begin on the fifiecud: ofthe following month. In the event sulficieut funds are not available in the Buyer's account or debits an otherwise
`not accepted, Ultimate Fiiness Center may resubmit the charge, Ifthe resubmiltal is returned lrncollected, the rejected amount plus a $30.00 service charge may be added to Bnyer’s next
`regularly scheduled debit
`Buyer is aware that participation in a sport or physical exercise may result in an accident or injury. and the Buyer assumes the risk connected with the participation in a sport or exercise and
`represents that the
`bet is in good health and
`er from no physical impairments, which would limit their use ofllldmate Fitness Center facilities. Ultimate Fitness Center and agents
`
`andlor employees 5
`1 not be liable to
`l for
`claims, demands, injuries or loss of personal property that may result from the use ofUltimate Fitness Center facilities.
`
`
`
`Buyer aclmo i
`that ymrhave ran
`" wai er
`I! release and that uu_,fn1l;r_ixndgrstnnil it as a release ofliability
`
`
`auvmz AC
`mess THAT H
`1: 1 or-'
`Al
`1:NGAoi:m nus Acuamanzur AND 1iAs'1uacr;i_vi-:o A FILLED-IN, snowman copy or nus
`Acunum ‘ \ Nil A5
`pit or UL1§l\lxrsFl
`'ENTER'S RULES Mug REGULATlOl'§J;,
`'
`*
`Q kw
`
`
`
`
`/'
`H
`\
`l
`9.’
`JV
`r«
`p»
`/I
`
`
`Bin/er’s signature 3:é,..i1»?*"/S/eller’s Signature
`V
`<-»*
`Date
`25
`
`ZUFFAOO179
`UFC000794
`
`E l
`
`l
`
`.z
`
`

`
`EXHIBIT 8
`
`EXHIBIT 8
`
`UFC000795
`
`

`
`’ Richard Dinsmore, O.M.D.
`integral Medicine®o Endependent Medicai Examiner
`Board Certified Acupuncturist
`
`Ianuary 31, 2012
`
`To Whom It May Concern:
`RE: Ultimate Fitness Center
`
`I have known Rcbert Hueso since he opened the Ultimate Fitness Centre:
`in Chula Vista. This farniiy uwned gym has become an important fixture in our
`community since that time.
`
`Since the inception nf Mr. Huesds gym everyone among the membership
`and surrounding community have referred to the [Htimate Fitness Center as the
`UFC Gym and I have seen that appellation appear in many advertisements as
`well.
`
`Richard Dinsmore, O.M.D.
`
`‘
`
`272 Church Avenue Suite One a» Chula Vista Calficirnia 91911
`
`619-42G.4569FA:»:
`619.429.7858
`NPI 1780754911
`
`urwu.>.a.cupur1ctm'eci:zxhzvista.com
`
`ZU FFAOO19O
`UFC000796
`
`

`
`EXHIBIT 9
`
`EXHIBIT 9
`
`UFC000797