Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA692453
`ESTTA Tracking number:
`08/28/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92056833
`Plaintiff
`Poly-America, L.P.
`JERRY R SELINGER
`PATTERSON & SHERIDAN LLP
`1700 PACIFIC AVE, SUITE 2650
`DALLAS, TX 75201
`UNITED STATES
`jselinger@pattersonsheridan.com, gparker@pattersonsheridan.com
`Other Motions/Papers
`Jerry R. Selinger
`jselinger@pattersonsheridan.com, gparker@pattersonsheridan.com
`/Jerry R. Selinger/
`08/28/2015
`Selinger Declaration - Public.pdf(39609 bytes )
`Selinger Exhibit A - Public - Part 1.pdf(358896 bytes )
`Selinger Exhibit A - Public - Part 2.pdf(883243 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`POLY-AMERICA, L.P.
`
`
`
`Petitioner/Plaintiff,
`
`
`
`vs.
`
`
`ILLINOIS TOOL WORKS INC.,
`
`
`
`Registrant/Defendant
`
`
`
`
`Cancellation No. 92/056,833
`
`Registration No. 946,120
`Registration No. 1,055,114
`Registration No. 1,294,243
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`
`
`
`
`
`
`SELINGER DECLARATION - PUBLIC
`
`
`
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`POLY—AMERICA, L.P.
`
`Plaintiff/Petitioner,
`
`vs.
`
`ILLINOIS TOOL WORKS INC.,
`
`Defendant/Registrant
`
`womwowowowowowowo
`
`Cancellation No. 92/056,833
`
`Registration No. 946,120
`Registration No. 1,055,114
`Registration No. 1,294,243
`
`DECLARATION OF JERRY R. SELINGER
`
`1, Jerry R. Selinger, pursuant to 28 U.S.C. § 1746, declare as follows:
`
`1.
`
`I am over twenty—one years of age, have personal knowledge of the matters set
`
`forth herein, and each of them is true and correct.
`
`2.
`
`I am a Partner with the law firm of Patterson & Sheridan LLP, counsel for
`
`Petitioner, Poly—America, L.P. (“Poly—America”).
`
`3.
`
`I submit this Declaration in support of Poly-America’s Opposition to Defendant
`
`Illinois Tool Works, Inc’s (“ITW”) Motion for Summary Judgment.
`
`4.
`
`Information and documents that Poly—America and ITW have designated as Trade
`
`Secret/Commercially Sensitive or Confidential under the Board’s Standard Protective Order have
`
`been redacted from the public version of this declaration and are included in the confidential
`
`version.
`
`5.
`
`Attached hereto as exhibits are true and correct copies of the following
`
`documents:
`
`Exhibit A:
`
`Excerpts from the transcript of the July 29, 2014 deposition of Eric
`
`Plourde and selected exhibits
`
`thereto — testimony and documents
`
`designated Confidential and Trade Secret/Commercially Sensitive under
`
`1
`
`

`

`the Board’s Standard Protective Order have been redacted from the public
`
`version of this Exhibit.
`
`Exhibit B:
`
`Excerpts from the transcript of the May 15, 2015 deposition of James
`
`Kohl and selected exhibits thereto — testimony and documents designated
`
`Confidential or Trade Secret/Commercially Sensitive under the Board’s
`
`Standard Protective Order have been redacted from the public version of
`
`this Exhibit.
`
`Exhibit C:
`
`Excerpts from the transcript of the May 20, 2015 deposition of John
`
`Stevens
`
`— testimony
`
`designated Confidential
`
`or Trade
`
`Secret/
`
`Commercially Sensitive under the Board’s Standard Protective Order has
`
`been redacted from the public version of this Exhibit.
`
`Exhibit D:
`
`Excerpts from the transcript of the March 26, 2015 deposition of Steven
`
`Ausnit and selected exhibits thereto.
`
`Exhibit E:
`
`Excerpts from the transcript of the May 27, 2014 deposition of Michael
`
`Ross - testimony designated Confidential or Trade Secret/Commercially
`
`Sensitive under the Board’s Standard Protective Order has been redacted
`
`from the public version of this Exhibit.
`
`Exhibit F:
`
`Excerpts from the transcript of the May 28, 2014 deposition of Anthony
`
`Bertrand and selected exhibits thereto — testimony and documents
`
`designated Confidential or Trade Secret/Commercially Sensitive under the
`
`Board’s Standard Protective Order have been redacted from the public
`
`version of this Exhibit.
`
`

`

`Exhibit G:
`
`Excerpts of the transcript of the August 20, 2014 deposition of Robert
`
`Klein, and a copy of Mr. Klein’s report, dated June 19, 2014 (Exhibit 51 to
`
`Mr. Klein’s deposition).
`
`Exhibit H:
`
`Illinois Tool Works, Inc. v. Alcoa Inc. et al., Civil Action No. 5:04—cv—
`
`01110—XR, United States Western District of Texas, file—stamped copy of
`
`December 6, 2004 Complaint
`
`for Trademark Infringement, False
`
`Designation of Origin, Patent Infringement, Unfair Competition, and
`
`Violation Of Texas Anti—Dilution Act (as produced by ITW).
`
`Exhibit I:
`
`Excerpt
`
`from the prosecution history of US. Trademark Reg. No.
`
`1,055,114, which is one of the marks that is the subject of this proceeding
`
`— ITW has stipulated to the authenticity of the copy of the prosecution
`
`history from which this excerpt was taken (see Plourde Deposition
`
`transcript, supra Exhibit A, at pp. 185-86, stipulating to authenticity of
`
`Plourde Exhibit 27).
`
`Exhibit J :
`
`Photocopy of an article that appeared in the October 21, 1986 issue of the
`
`New York Times, entitled “GLAD BAG 'GIMMICK' PAYS OFF,”
`
`obtained from the Fondren Library Center of Southern Methodist
`
`University, Dallas Texas
`
`(article
`
`also available online
`
`from the
`
`Lexis/Nexis database, see Exhibit K).
`
`Exhibit K:
`
`Article that appeared in the October 21, 1986 issue of the New York
`
`Times, entitled “GLAD BAG 'GIMMICK' PAYS OFF,” obtained from the
`
`Lexis/Nexis Database.
`
`

`

`Exhibit L:
`
`Cover, Table of Contents, and article entitled “Outline for Zip Opening,”
`
`from the May 1962 issue of Modern Packaging, obtained from the Library
`
`of Congress in Washington DC.
`
`Exhibit M:
`
`Exhibit N:
`
`Library of Congress Online Catalog listing for Modern Packaging.
`
`Enlargements of photographs taken from Exhibit L (POLY007702), with
`
`red, circled annotation added on first page.
`
`Exhibit O:
`
`Enlargement of photograph taken from Exhibit L (POLY007702) and
`
`enlargement of photograph taken from Exhibit D, Ausnit deposition
`
`Exhibit 7 (ITW0000125).
`
`Exhibit P:
`
`Cover, Table of Contents, and article entitled “Closure Key” with the
`
`subtitle “Color line locates seal strip at a glance,” from the October 1962
`
`issue of Plastics World, obtained from the Library of Congress in
`
`Washington DC.
`
`Exhibit Q:
`
`Library of Congress Online Catalog listing for Plastics World.
`
`Exhibit R:
`
`Enlargement of photograph taken from Exhibit P (POLY007711), with
`
`red, circled annotation added.
`
`Exhibit S:
`
`The prosecution history for US. Trademark Reg. No. 2,818,766
`
`(Application Serial No. 76/331,182), owned by The Glad Products
`
`Company, with status and title information, obtained on April 17, 2015
`
`from the US. Trademark Office's TSDR database.
`
`Exhibit T:
`
`Excerpts from the prosecution history for US. Trademark Reg. No.
`
`1,592,945 (Application No. 73/707,750), owned by The Glad Products
`
`

`

`Company, with status and title information, obtained on May 12, 2015
`
`from the US. Trademark Office's TSDR database.
`
`Exhibit U:
`
`Excerpts from Registrant’s Responses to Petitioner’s Second Set of
`
`Requests for Admission, dated October 20, 2015 — Poly—America offers
`
`and relies only on ITW’s responses to Reguests for Admission 91 and 92.
`
`Exhibit V:
`
`Excerpts
`
`from Registrant’s Responses to Petitioner’s Third Set of
`
`Requests for Admission, dated October 20, 2014 — Poly—America offers
`
`and relies only on ITW’s responses to Requests for Admission 112 |sic ,
`
`113 |sic|, 114 lsicl, 115 |sicl, and 116 |sic|.
`
`Exhibit W:
`
`A Letter of Protest, signed and dated May 2, 2002, regarding U.S.
`
`Trademark Application Serial No. 76/331,182 (Applicant: The Glad
`
`Products Company), produced by ITW in this proceeding (ITW0024406-
`
`ITW0024438).
`
`Exhibit X:
`
`Petitioner Poly-America’s Pretrial Disclosures, dated July 15, 2015.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing facts are true and correct based on my own personal knowledge.
`
`Executed on August 27, 2015.
`
`
`
`W M
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`POLY-AMERICA, L.P.
`
`
`
`Petitioner/Plaintiff,
`
`
`
`vs.
`
`
`ILLINOIS TOOL WORKS INC.,
`
`
`
`Registrant/Defendant
`
`
`
`
`Cancellation No. 92/056,833
`
`Registration No. 946,120
`Registration No. 1,055,114
`Registration No. 1,294,243
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`
`
`
`
`
`
`SELINGER DECLARATION
`EXHIBIT A – PART 1
`PUBLIC
`
`
`
`
`

`

`
`
`
`
`
`
`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`
`
`
`
`ERIC PLOURDE ~ July 29, 2014
`
`
`
`BEFOR
`
`
`
`
`
`5 UN TfiD_N TH
`
`
`
`
`
`
`
`
`
`STATES PATENT AND TRADEMARK OF
`
` JN TED STATES D
`
`
`
`
`SPARTMENT OF COMME
`i TH“r .
`
`
`
`
`
`
`
`
`RADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`POLY-AMER:
`
`
`ICA, L.P.,
`
`
`
`
`
`
`
`Plaintiff/Petitioner,
`
`V S .
`
`
`
`
`
`
`
`ILLINOIS TOOL WORKS,
`
`
`INC.
`
`
`
`Defendant/Registrant.
`
`
`
`
`
`
`Cancellation
`
`
`No. 92/056,833
`
`Registration Nos.
`
`946,120
`——I
`055,114
`--I
`294,243
`
`
`
`
`
`
`
`
`
`
`
`:DENTIAL PURSUANT TO PROTECT"
`
`
`
`
`
`
`
`
`
`
`1:
`
`
`
`180
`
`
`
`
`
`
`
`S TOOL WORKS,
`
`
`
`
`before Barbara A. Wichmann,
`
`
`taking deposition,
`
`
`
`
`Certified Shorthand Reporter No.
`
`
`
`
`
`
`
`084—001492, at
`
`
`
`Chicago,
`
`
`
`
`
`
`
`
`
`North Stetson Court, Suite 4900,
`
`
`
`
`
`July 29, 2014, commencing at 9:00
`
`
`
`on Tuesday,
`o'clock a.m.
`
`
`
`
`APPEARANCES:
`
`
`
`
`
`PATC
`
`
`
`
`TERSON & SHERIDAN, LLP, by
`
`MR.
`JERRY R. SELINGER
`
`
`
`
` fic Avenue,
`
`
`
`(1700 Paci:
`
`
`
`Dallas, Texas
`75201
`
`7
`jselinger@pattersonsheridan.com)
`
`
`
`
`appeared on behalf of Registrant
`
`Poly—America;
`
`
`
`Suite 2650
`
`
`
`
`CSIGKHMUIDEPOSHIONSERNTCES
`
`
`
`972-719—5000
`
`
`
`
`
`
`
`
`
`
`The deposition of
`
`
`
`.,
`
`
`
`
`
`
`
`‘C PLOURDE),
`(ER‘
`
`
`
`
`
` LL NO
`
`
`
`taken pursuant
`
`
`
`to notice 0
`
`
`:llinois,
`
`

`

` 
`
` 
`
` 
`
` 
`
` 
`
` 
`
` 
`
` 
`
` 
`
` 
`
` 
`
`TRANSCRIPT IN ENTIRETY IS CONFIDENTIAL
`TRANSCRIPT IN ENTIRETY IS CONFIDENTIAL
`
`

`

`
`
`
`
`':1.“m‘crsmmmsmmmmumm‘mm
`
`
`
`_..,.,1.....1_..,. -..~....,_....-;....4...,.~~--._.1,“1-1..
`
`”1,. ..., ‘1...“ mm - >1
`
`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`
`ERIC PLOURDE — July 29, 2014
`
`191
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE UNITED STATES DEPARTMENT OF COMMERCE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`POLY-AMERICA, L.P.,
`
`Plaintiff/Petitioner,
`
`vs.
`
`ILLINOIS TOOL WORKS,
`
`INC.
`
`Defendant/Registrant.
`
`vvvvvvv\wv
`
`Cancellation
`
`No. 92/056,833
`Registration Nos.
`946,120
`1,055,114
`1,294,243
`
`This is to certify that I have read my
`
`deposition taken on July 29, 2014,
`
`in the foregoing
`
`cause, and that the foregoing transcript accurately
`
`states the questions asked and the answers given by
`
`me, with the changes or corrections, if any, made
`
`on the Errata Sheet attached hereto.
`
`
`
`ERIC PLOURDE
`
`No errata sheets submitted (Please initial)
`
`Number of errata sheets submitted
`
`pages
`
`Subscribed and sworn to
`before me this 30111. day
`OFFICIALSEAL
`Of flagugf
`2014.
`PATRICIA'JIOBEK
`WI 'M Notary Publwsmoofllllmh
`My Commission Explm Jun 19,2015
`Notary Public
`
`
`
`CSI GIOBAL DEPOSITION SERVICES
`972~7l9~5000
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`
`ERIC PLOURDE - July 29, 2014
`
`192
`
`STATE OF ILLINOIS )
`)
`)
`
`COUNTY OF C O O K
`
`SS:
`
`I, Barbara A. Wichmann, do hereby certify
`that ERIC PLOURDE was duly sworn by me to testify
`the whole truth,
`that the foregoing deposition was
`recorded stenographically by me and was reduced to
`computerized transcript under my direction, and
`that said deposition constitutes a true record of
`the testimony given by said witness.
`
`I further certify that the reading and
`signing of the deposition was not waived, and the
`deposition was submitted to Michelle Zimmerman,
`Defendant/Registrant's counsel, for signature.
`Pursuant
`to Rule 30(e) of the Federal Rules of
`
`if deponent does not appear or read and
`Procedure,
`sign the deposition within 30 days,
`the deposition
`may be used as fully as though signed, and this
`certificate will then evidence such failure to
`
`appear as the reason for signature not being
`obtained.
`
`Illinois CSR license 084-001492
`
`I am not a relative or
`I further certify that
`employee or attorney or counsel of any of the
`parties, or a relative or employee of such attorney
`or counsel, or financially interested directly or
`indirectly in this action.
`
`I have hereunto set my
`IN WITNESS WHEREOF,
`hand and affixed my seal of office at Chicago,
`Illinois,
`this 11th day of August 2014.
`
`\
`
`<22
`Notary éublic, Cook County, Illinois
`Hy commission expires August 1, 2015
`
`CSI GIOBAL DEPOSITION SERVICES
`972-719-5000
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No. 92056833
`
`Registration Nos. 946120, 1055114,
`1294243
`
`) )
`
`) )
`
`) )
`
`)
`)
`
`POLY-AMERICA, L.P.,
`
`Petitioner,
`
`v.
`
`ILLINOIS TOOLS WORKS INC.,
`
`Respondent.
`
`ERRATA SHEET FOR
`
`DEPOSITION OF ERIC PLOURDE1
`RULE 30§bzg6j WITNESS FOR ILLINOIS TOOL WORKS INC.
`TAKEN JULY 29, 2014
`
`ge
`
`is!
`
`Change
`
`30<b>1, mm
`
`To
`
`Reason for Change
`
`
`
`mm
`Zip-Pak
`
`Zip-Pak
`Zip-Pac
`Orangeburg
`Orangebrook
`
`
`
`Zimmerman
`Zimmermann
`Typographical error
`
`Typographical error
`
`Transcription error
`
`
`
`
`
`
`
`
`'
`
` Zimmermann
`
`Typographical error
`Typographical error
`
`ITW
`
`Date: AWQWI 96,20”,
`
`Signed: ail/fl.’
`
`
`
`
`
`
`
`rmm
`
`
`
`

`

`United States Patent Office
`
`946,120
`Registered Oct. 31, 1972
`
`PRINCIPAL REGISTER
`Trademark
`
`Ser. No. 374,045, filed Oct. 22, 1970
`
`,----------------,
`I
`I
`!
`:
`I
`;
`I
`;
`!
`i
`:
`I
`;
`I
`•
`I
`I
`,
`I
`'
`I
`;
`'
`I
`t
`l.._ ..... ____ .. ｾ＠...... _ .... H_ .. __ _.I
`I
`I
`
`I
`
`,
`
`.
`
`Minigrip, Inc. (New York corporation)
`Route 303
`Orangeburg, N.Y. 10962, by merger from
`Flexigrip, Inc. (New York corporation)
`Orangeburg, N.Y.
`
`For: PLASTIC BAGS, in CLASS 2 (INT. CL. 16).
`First use Mar. 26, 1959; in commerce Mar. 26, 1959.
`The mark consists of a horizontal stripe adjacent the
`bag top lined for the color red. However, applicant makes
`no claim to any specific color apart from the mark as
`shown.
`Owner of Reg. No. 853,436.
`
`R. S. KOLAKOSKI, Examiner
`
`;3.
`EXHIBIT #
`WIT: {j"",rJe.
`DATE: 1!2-1(fc.f
`
`Barbara A. Wichmann, CSR, RDR
`
`

`

`I
`I
`I
`I
`:
`,
`I
`:
`: :
`
`r
`
`'
`I
`I
`:
`t
`r
`I
`
`,:
`
`ｾ＠
`: ,
`
`Int. CI.: 16
`
`Prior U.S. Cl.: 2
`
`Reg. No. 946,120
`United States Patent and Trademark Office
`Registered Oct. 31, 1972
`10 Year Renewal
`Renewal Term Begins Oct. 31, 1992
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`I
`
`,..-- - --- ---- - ----------,
`I
`1
`I
`I
`!
`1
`:
`:
`:
`
`I
`I
`I
`I
`I
`L __________________ • _____ --'
`
`MINIGRIP, INC. (NEW YORK CORPO·
`RATION)
`ROUTE 303
`ORANGEBURG, NY 109620033
`
`OWNER OF U.S. REG. NO. 853,436.
`THE MARK CONSISTS OF A HORI·
`ZONTAL STRIPE ADJACENT THE BAG
`TOP LINED FOR THE COLOR RED,
`
`HOWEVER, NO CLAIM IS MADE TO
`ANY SPECIFIC COLOR APART FROM
`nlE MARK AS SHOWN.
`FOR: PLASTIC BAGS, IN CLASS 2
`(INT. CL. 16).
`FIRST USE 3-26-1959: IN COMMERCE
`3-26-1959.
`
`SER. NO. 72-374,045, FILED 10-22-1970.
`
`III testimollY whereof I have hereul1lo set my hand
`alld COl/sed the seal 0/ The Patelll alld Trademark
`Office to be a/fixed 011 Aug. 18, 1992.
`
`COMMISSIONER OF PATENTS AND TRADEMARKS
`
`

`

`Int. Cl.: 20
`Prior U.S. CI.: 50
`United States Patent Office
`
`Reg. No. 1,055,114
`Registered Dec. 28, 1976
`
`TRADEMARK
`Principal Register
`
`r------ ｾＭＭＭＭＭｾＭＭＭＭＭＭＭＭＭ
`
`IIl1illllliil!i1I!!I!!I!'!!!!J!!I!!'"iI'!'!III!!!!!'!!Ijj,lt!!I!lI'!!!!II!Illi!lil!!!'!'!!!!!!!!
`
`I
`I
`I
`L _______________________ .1
`
`Minigrip, Inc. (New York corporation)
`Route 303
`Orangeburg, N.Y. 10962
`
`For: FLEXIBLE PLASTIC RECLOSEABLE FAS-
`TENBR STRIPS, in CLASS 20 (U.S. CL. SO).
`First use Mar. 26, 1959; in commerce Mar. 26, 1959.
`The drawing is lined for the color red, however, no
`claim is made to color.
`Owner of Reg. No. 946,120.
`
`Ser. No. 43,109, filed Jan. 30, 1975.
`
`R. A. FLYNT, Examiner
`
`I
`ｅｘｈｉｂｉｔＣｾ＠
`ｗｉｔＺｾ＠
`ｄａｔｅＺｾ＠
`
`Barbara A. Wichmann, CSR, RDR
`
`

`

`Int. Cl.: 20
`Prior U.S. Cl.: 50
`United States Patent and Trademark Office
`Renewal Term Begins Dec. 28, 1996
`10 Year Renewal
`
`Registered Dec. 28, 1976
`
`Reg. No. 1,055,114
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`- ---,
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`-
`r- -
`,
`.
`I
`illllll!llilllltflll!!I!II!I!llIiIIl!I!!!III!II!IIIljjliljjlfllllill!i!l!liIii!1"'liillfl!i"illi!
`,
`I
`I
`I
`I
`I
`,
`I
`L ______ ｾ＠________________ J
`
`MINIGRIP, INC. (NEW YORK CORPO-
`RATION)
`ROUTE 303
`ORANGEBURG, NY 10962
`
`OWNER OF U.S. REG. NO. 946.120.
`THE ORA WING IS LINED FOR THE
`COLOR RED. HOWEVER, NO CLA[M [S
`MADE TO COLOR.
`
`FOR: FLEXIBLE PLASTIC RECLO-
`SEABLE FASTENER STRIPS, [N CLASS
`20 (U.S. CL. SO).
`F[RST USE 3-26-1959; IN COMMERCE
`3-26-1959.
`
`SER. NO. 73-043,109, F[LED 1-30-1975.
`
`In testimollY whereof I have hereunto set my halld
`and caused the seal of The Patellt alld Trademark
`Office to be affIXed 011 Jan. 7. 1997.
`
`COMMISSIONER OF PATENTS AND TRADEMARKS
`
`

`

`Int. Cl.: 17
`
`Prior U.S. Cl.: 1
`
`United States Patent and Trademark Office
`
`TRADEMARK
`Principal Register
`
`Reg. No. 1,294,243
`Registered Sep. 11, 1984
`
`Iliilll!!!iiili!!i!!!i!!II!!!I1!!I!!ill!iil!!!!ii!!!!!iiilill!!!!!!I!!!il!"!iIl'IlI!!I!!II!!!!I1
`
`I
`1
`1"--:",,-,-=-==-=====,'':,'-",-',;..,,.-,",-",-= ==.:.=-=-=-,---'-= ==-::. =-::::.: Ｚ］ＺＺＺＮｾ＠
`I
`I
`1
`I
`I
`I
`I
`I
`I
`I
`I
`I
`
`I
`I
`I
`I
`L _____________________ J
`
`Minigrip, Inc. (New York corporation)
`Rte.303
`Orangeburg, N.Y. 10962
`
`For: RECLOSABLE FILM TUBING AND
`PLASTIC FILM SHEETING, NOT FOR WRAP·
`PING, in CLASS 17 (U.S. Cl. 1).
`First use Sep. 1962; in commerce Sep. 1962.
`Owner of U.S. Reg. Nos. 946,120 and 1,055,114.
`The drawing is lined for the color red, however,
`no claim is made to a specific color.
`The mark consists of a continuous colored stripe
`extending for the length of plastic film tubing and
`plastic film sheeting having a continuous reclosable
`strip on the surface.
`
`Ser. No. 408,310, filed Jan. 5, 1983.
`
`STEPHEN J. KELLER, Examining Attorney
`
`EXHIBIT # --..s
`WIT: p'"vcete
`DATE: 7/ ... , /,.,
`,
`f
`Barbara A. Wichmann, CSR, RDR
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`POLY-AMERICA, L.P.
`
`
`
`Petitioner/Plaintiff,
`
`
`
`vs.
`
`
`ILLINOIS TOOL WORKS INC.,
`
`
`
`Registrant/Defendant
`
`
`
`
`Cancellation No. 92/056,833
`
`Registration No. 946,120
`Registration No. 1,055,114
`Registration No. 1,294,243
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`
`
`
`
`
`
`SELINGER DECLARATION
`EXHIBIT A – PART 2
`PUBLIC
`
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`PLOURDE DEPOSITION
`PLOURDE DEPOSITION
`CONFIDENTIAL EXHIBITS 7, 10-12 REDACTED
`CONFIDENTIAL EXHIBITS 7, 10-12 REDACTED
`
`

`

`Sept. 18, 1962
`
`S. AUSNIT ET AL
`BAG CLOSURE
`
`Filed May 2. 1960
`
`3,054,434
`
`.:IS
`:/ 2Z
`
`ＲｧＭｾｾｾ＠
`
`f
`7
`
`7'
`
`.18
`25d
`J
`?<J:Ci
`-r?9 zd",
`
`21
`256--·
`
`.19
`
`ｲＭＭＭｾＭＲＸＧ＠
`
`ｾｾＮＮＮＦｩＮｪｾｩｬ＠
`
`....rIC': 5
`, nl
`.Ih.J.ce.n ior.s
`2/ -
`"11
`I Sfeyen AuSnlf
`9'
`Otro Karl Kraus
`ｾｾｉｾｾＧｾｙｾｾＮﾣＵ＠ EXHIBIT# 13
`WIT: ＨＱＱＩＢｲ､ｾ＠
`DATE: 1/z..1/'i
`Barbara A. Wichmann, TsR, RDR
`
`9'
`
`POLYOOOOOI
`
`

`

`United States Patel1t Office
`
`3,054,434
`Patented Sept. 18, 1962
`
`1
`
`3,054,434
`l>AG CLOSURE
`ｓｴｾＧＱｃｉ｜＠AU5nit nUll Otto Karl [(1'2Uf" New York, N.Y.;
`snid I{rnus Hssig!!ol' to said t\usnit
`Filed May 2, 1%0, Scr. No. 25,945
`:1 Claims.
`(C). 153-3)
`
`SG
`
`2
`As shown on the drawings:
`In accordance with the instant invention a bag or
`panch, or similar container, shown gcncI'lIlly at 7 in
`FIGURE 1, is provided with a resilient type fastener
`5 structure shown generall)' at 3.
`'111C .fastener structure 8
`includes a pair of closure or fastener strips indicated gcn-
`CI'any at 9. 9 which lllay be integral with the pouch 7 or
`attached to the pOlich as illustrated. A front fastener
`strip 19 and a rear fastener strip 16 have marginal flap
`10 portions Zl and 18 respectivcly which confront one an-
`other. The fastener strips arc herein referred to gen-
`erally by the numerals 9, 9 and when specific referencc
`is made to the rear and front stri.ps the numerals 16 and
`19 arc used.
`The pouch 7 includes a resilient sheet-like pouch front
`wall 10 and a resilient sheet-like pouch rear wall .11
`substantially coextensive tllcrcwith and the fastener strips
`9. 9 comprise part of the front and rear walls HI and U.
`The pouch rear wall 11 is secured to the pouch front
`20 wall. 11) along side ･｣ＱｧＨｾｳＬ＠ as at 12 and 13 and the bottom
`edge }'). The pouch front and rear walls all can -be one
`piece with the piece being bent at tbe edge 14 if: desired.
`Preferably the pOllch fwnt and back or rem walls :10 and
`11 arc madc of sheets of thermoplastic synthetic mate-
`25 rials such as polyvinyl chloride, polyvinylidene chloride,
`halogenated polyethylenes, polyvinyl acetate, and poly-
`ethylene, and copolymers. heteropolymers and mixtmcs
`thereof. Such materials are substantially impervious to
`air and moisture, and may be prepared in suitable thin
`30 resilient sheets which can be translucent, and substan-
`tially transparent, so as to be slIitable for Use in the
`instant pouch 7. The ponch front nnd back walls 10 and
`11 may be snitably heat sealed, sewed or glued together,
`Of both, along their marginal cdges 12. 13 and 14, so as
`to comprise the pouch 7. The pouch front and back
`walls or the walls to which the strips 9, 9 are attached
`may also be made from other ｳｬｬｩｴ｡｢ｬｾ＠ materials sllch
`as cardboard, if: desired.
`The fastener strips 9, 9 of the fastencr structure 8 arc
`40 scaled or suitably attached as indicated at 15 to the pouch
`front and rear walls 10 anel.ll. The rear fastener strip
`19 of the faslcner structure 8 includes the rear marginal
`portion 18 which may be termed to be reverse bent.
`The rcar fastener strip 16 has a spacer flap 17 cli.'poscd
`45 in angular relation to a rcar web portion % and the rear
`marginal portion 18. The spacer flap or lateral portion
`17 extends laterally of and is integral with lhe rcar web
`portion 9b and the marginal portion IS, being formed
`of one piece tJlCrcwith, and is positioned above the longi-
`50 tudinal ccnterline of the marginal portions 18 and 21
`when engaged.
`Tho fWilt marginal portion 21 is integral with a web
`portion lOa and is thickened and outwardly olIset to
`form a c10wllwardlyfacing shoulder 26.
`Rib and groove structure indicated generally at 22 is
`disposed between the fastener strips 16 <Ind 19 for clos-
`ing the top of the pouch to provide an air-tight seal.
`The fastener strips 19 and 16 are coextensive in length
`with the front and back pouch walls 10 and 11 and span
`60 the opcning nt the top of the pouch.
`In this resJlect it
`wil! be noted ,Ulat the back top portion l1a of the rear
`web portion ')b extends above the top of the front web
`portion lOa a distance equivalent to the verticnl (limcll-
`sian of the front marginal portion 21.
`Each of the strips 16 and 19 can be conveniently fab-
`ricated simultaneously with the [ormation of the asso-
`ciated pouch back and front walls 11 find IO. Suitable
`materials for manufacturing the strips 9. 9 arc thermo-
`plastic and thermosetting organic synthetic resins referred
`70 to above in describing the pouch 7.
`Of particular importance for this use are the vin'll
`type resins such as polyvinyl chloride, polyvinyl ｡｣･ｴ｡ｴｾＬ＠
`
`The present invention relates generally to an article
`slIeh as a pOlich or similar container Imving a new and
`improved resilient type fastener structure particularly
`adapted to minimize accidental separation of the engaged
`portions of the fastener structure when subject to loael
`forces.
`A primary object of lhis invenlion is to provide an
`improved resilicnt type fastener structurc for a pOllch. 15
`Another irnport,lnt object oj' this invention is to provide
`an improved resilient typc fastener structure and slider
`combilwtion that can be opened at the top rather than
`at. th" side of a bag or pouch.
`1\ fmliler object of the present invention is to provide
`a resilient type fastener structnre which is capable or
`·being opcned by means of a stamped low cost type of
`slider.
`Yet anothcr objcct of the present invention is to pro-
`vide a new and improved resilient type fastener structme
`Oll a bag or pouch along one of its edges which fastener
`structure wm not readily become opened from overload-
`ing while the bag or pouch is being used.
`According to the geneml features of the present in-
`ｶｾｮｴｩＨ｝ｮＮ＠ the bag or pouch is pmvided with an improved
`resilient type fastencr. The pouch includes a pouch front
`wall and a pOl!ch rear wall and front Hnd rear fastener
`strips arc carried thereon respectively. Thc rear fastener
`strip is provided with a spacer flap attached at the top
`of a web portioTl fWIll which depends a thickenecl rear
`lluH'ginal flap portion in confronting relationship to a
`front marginal flap portion.
`]I.'fating ribs and grooves
`nrc provided Oll the confrontinr: marginal flap portiOJ1s
`e.,tcl1(ling lengthwise of the pouch and enabling the mar-
`ginal flap portiollS to be squeezed together to close the
`pouch. A slider may he used for this purpose.
`The rear fastener strip includes the spacer flap disposed
`in angular relation to the web portion and to the marginal
`Hap portion thereby affording the pouch with means to
`resist separation of engaged rib aud groove areas of the
`fastener structure.
`Still another feature of the prescnt invention relates
`to an improvecl low cost type of pouch which may be
`economically manufactured and is adapted for usc with a
`low cost typc of slider ellveloped ovcr the lop edge of the
`pouch for opening and closing fastener structure disposed
`along the top edgc of the pOlich.
`Other objects and features of the prescnt invention will
`more fully become apparent in vicw of the following
`detailed description taken in conjunction with the accom-
`panying drawings illustrating a single embodiment and
`in which:
`FIGURE I is a siele elevation of a bag or pOlich;
`FIGURE 2 is an enlarged fragmentary cross-sectional
`vicw
`illustrating the coaction of thc slider with the
`fastener structlJre;
`FIGURE 3 is an enlarged fragmentary cross-sectional
`view taken substantially on the line HI·--IU [oowing in
`t!w direction
`the arrows, as s!lOwn
`indicated by
`in
`FIGURE 1;
`FIGURE 4 is an enlargerl fragmentary cross-sectional
`view taken substantially on the line IV--IV looking in
`the directioIl indicated by the arrows as shown in FIG-
`URE 1; and
`"[.'[OURE 5 is an enlarged fragmentary cross-sectional
`viel'! of a modified form of a slider less type of a bag or
`pouch.
`
`M
`
`05
`
`POLY000002
`
`

`

`3
`polyvinyl chloride, polyvinyl acetate copolymers, and
`similar I'inyl resios and polyethylenes Dod rubber, either
`natmal or synthetic. Rubber, however, is not a pre-
`fcrrcdstmting material, since in the case of ｲｵ｢｢ｾｲＬ＠it is
`mare difficult to control the degrce of rigidity for inter-
`locking engagement between the ｾｴｲｩｰｳ＠ 9, 9. However,
`by proper compounding and vulcanizing of rubber, the
`degree of rigidity can be controlled to make the rubber
`acccptlrble for the plII'poses of the instant invention.
`The spacer !lap 17 is relatively thin in cross-section as
`compared to the rear web portion 9b and the rear mar-
`ginal nap .portion 11: so as to make the bent marginal Hap
`portion flexible at its JUIlcture w.ith the rellr web portion
`9b.
`In order to .further render the relatively thin spacer
`flap 17 eYen lUorc flexible, the spacer !lap 17 has an
`enlarged notched area 17a along its underneath surface.
`As noted in the drawings, the closure strips Hi and 19
`are disposed to overlap so that the faces thereof arc in
`confronting relationship. The confronting faces of the
`marginal portions 18 and 21 have a pllll'ality of longitu-
`dinally extending grooves 23 and ribs or ridges 24 formcd
`integrally therewith snch that tbe gmoves 23 on the
`marginal ilap portion Ul and tbe ribs 24 on the marginal
`flap portion 21 arc in aligned relationship so as to be
`ad"pted for locking engagement with OIle "nother.
`This locking engagement is attained by forming the
`flap portiollS 13 and 21 including the ribs and grooves
`23 and 24 of substantially similar cross-sectional shape.
`As may be noted, the i1np portions 13 and 21 present
`allochirally Jlllltcable grooves 1.3 and ribs 24, en the con-
`tiguous confronting [aces thereof. Thc grooves 23 and
`ribs 24 alC arranged substantially normal to, or at right
`angles to, the planes of the flap portions 18 and 21.
`The grooves 23 in one of the flap portions cOJTespo!ltl
`in shape to the ribs 24 in the other of the flap portions,
`and vicc versa. Of course, one or more ridges may be
`employed in each arrangement, Witll an equal number of
`grooves arranged subsantially as shown in the drawings.
`The head portion 24a of each rib 24 is enlarged and
`the neck portion 24b is constricted, so as to fit into an
`adjacent complementary groove 23 having a restricted
`opening and an enlarged bottom portion, as shown.
`Also, the head portion 2411 of each of the ribs 24 has
`an unclercut engaging surface Z4c IJroviding a portion
`ovct'hanging the adjacent groove 23 adapted to engage a
`similar undercut surface Z4c of an opposite ridge 24.
`In this way, a rib 24 on the flap portion 18 will be in
`opposed contact with a corresponding undercut, engag-
`ing snrface 24c of anothcr Jib 24 on the other flap por-
`tion 21 when a rib 24 on one flap portion is engaged in
`a groove 7.3 on the other flap portion or strip,
`The undercut ·surfaccs 2·1c may be inclined or may be
`in a plane substantially parallel with the plane of the
`flap portion, and substantially aligned therewith.
`In order to provide a slider-type of pouch of the type
`where the sUdcr may be manufaGtured lit lolY Gost as a
`stamping, it ｉｴ＼ｨｾ＠ been found that a most desirable way of
`attaining this end is by mounting a ,lidel' at the top of
`the pOllch, as indicated at 25 in FIGURE 1. Due to the
`flexibility of the fastener structure ll, 11 slider type of bag
`or pouch 7 which opcns along its top edge may now be
`economically mnnufacturcd. This type of pouch will not
`readily become 'aecidentally opened by over loading in
`view of the flexibility of the fastener stTucture. The
`slider may be formed of any suitable material such as
`steel or brass.
`In order to mount the slider at the top edge of the
`pouch, the slideI' is preferably formed of a cross-sectional
`configuration which approximates the conflf,'uration of
`the fastener at the top edge of the pouch. As will be
`noted in FIGURE 3, the top end of the fastener fl in-
`cludes a downwardly facing front wall shonlder or sur-
`face 26, the front marginal flap portion 21 has an out-
`wardly facing surface 27, the spacer flap 17 includes an
`upwardly facing surface 2fl, the rear web portion 9b
`
`{)
`
`10
`
`4-
`includes an outwardly facing surface 29, and the rear
`web portion f)b is further provided with a rib 30 which
`extC!{ds the full lcngth of the fastener structure S. This
`rib 30 also includes an outwardly facing surface 31 and
`a downwardly facing rear wall shoulder or Sli rface 32
`which is di5poscd ｧｬｾｮ･ｲ｡ｬｬｹ＠in a plane with the shoulder
`26, and these shoulders 26 and 32, arc adapted to coact
`with {he slider 25 in a manner hcreillaftcr described in
`order to secure the slider in F,ssembly with the fnstener fi.
`The slider 25 includes a series of portions Of flanges
`all of which are disposed in angular relation with respect
`to onG another and which arc indicated at 25a, 1.5b,
`?'Gc, 25d, and 25e. The general shaJl() of the ｳｬｩ､Ｎｾｲ＠ 25
`is of a U and the free ends ot the U arc ·angled towards
`15 one anDther which free ends constitute the slider fluor.cs
`25({ and 25e. The flanges 25({ and Z5b cOMcrgc wilh
`·respect to the flnnges 25d and 25e, as shown in FIG-
`,jRES 2. and 3. The slieler flanges 7.5(1 and 25e me
`adapted Jar engagement with the underside of the shoul-
`20 deI'S 26 anel 32 so that when the slider 25 is in assembly
`with the fastener 8 OIl the pouch 7, the coaction between
`the flanges 2:ia nnd 25e with the shoulders 26 and 32
`serve to sustain the slider on the fastener oj' pouch.
`When the slide( 25 is in assembly with the fastener
`25 or pouch, thcslicJcr flanges 2.5b and 2Sc arc bottomed
`·against the fastener or pouch sLirfaces n amI 2fl while
`the siider flange 1.5<1 is spaced from the fastener Ot' POUcll
`surface 29 by virtue of the rib 30.
`;V[eans is provided on the slidcl' ·in the form of a slider
`30 pa[·tition 25j for separating the ribs and grooves whcn
`they arc engaged togethel and ,the pouch is closed. This
`slider partition 25/ is disposed ·betwccll and spaced from
`ｴｨｾ＠ ,ide ilanges or walls 25/> and 'J,5d of the slider and
`thc slider partition 251 is carried on the slider by virtltc
`35 of its jUllctu