BULKY
`
`DOCUMENT
`
`(FILED ON PAPER — ENTIRE DOCUMENT EXCEEDS 100 PAGES)
`
`Proceeding No.
`
`92057838
`
`12/ 18/2013
`
`Part 10f 1
`
`I
`
` 92057838
`
`

`
`” / 9’ g 0 / 3
`
`TTAB
`
`Albert Patterson. d/b/a/
`
`WA Superstars of Wrestling
`
`3840 N. Sherman Blvd.
`
`Milwaukee, Wisconsin 53216.
`
`To
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria. VA 22313-1451
`
`9
`
` L@flE
`M V d_
`r.
`er mi requested to dismiss my cancellation request for the mark f N
`.
`.
`-
`I
`I
`.
`0
`2/057,838. This request should be rejected.
`In Exhibit II, Verdini stated that a
`settlement transcript 'explicitly manifested my understanding and acceptance of th
`terms ofthesettlement, (see Ex. 2 at 18-19)
`This transcript is false.
`
`6
`
`0.
`
`I am petitioning to reopen cancellation No. 92057838, Albert Patterson V. World Wrestling
`Entertainment Inc. See trademark rule 202.03.
`
`1) It is clear likelihood of confusion with protestor's registered marks.
`
`2) World Wrestling Association (w.w.a.)
`
`0
`
`First use 06 - 19 - 1978
`
`0 Registered Jan 31, 2006
`
`0 Reg. no. 3,051,928 7 years
`
`3) Superstars of wrestling “SW” entertainment services in the nature of television program
`featuring wrestling first use 1979 as to "superstars of wrestling" registration day Oct 04, 1994
`Reg. no. 1857015
`22 years
`
`Christopher M. Verdini
`210 sixth ave
`
`Thank you
`
`Pittsburgh,PA15222
`
`WORLD WRESTLING ENTERTAINMENT INC
`1241 EAST MAIN STREET
`STAMFORD CT 05902
`'
`UNITED STATES
`
`I|||i|||||||||||Hlllill|||||||llllll||||||l|||l||||l||H||'
`12-18-2013
`'
`‘S Fate“.
`"rill". "ii
`L1 3:13! Ct 1:1;
`
`

`
`EXHIBITS #5
`
`

`
`
`
`September 16, 2009
`
`Mr. Albert P. Patterson
`
`3840 North Sherman Blvd.
`
`Milwaukee, WI 53216
`
`Commissioner for Trademarks
`PO. Box 1451
`Alexandria, VA 22313-1451
`-
`www.uspto.gov
`
`Re: Letters of Protest concerning Trademark Application Serial No(s). 77626294, 77626281,
`77626327, 77626242 and 77626253 all for the mark WWE SUPERSTARS
`
`Dear Mr. Patterson:
`
`The Office of the Deputy Commissioner for Trademark Examination Policy has reviewed your
`Letters of Protest pursuant to Sections 1715-1715.07 of the Trademark Manual of Examining
`Procedure (TMEP) and the Letters of Protest in Pending Trademark Applications Examination
`Guide (No. 4-08, issued Nov. 21, 2008).
`
`Decision: The Letters of Protest arehereby GRANTED.
`
`Your Letters of Protest are granted because the information submitted with them is of the type
`which may be given to an Examining Attorney for consideration during ex parte examination.
`TMEP Section 1715. The examining attorney will be forwarded information regarding the
`possible likelihood of confusion.
`
`The forwarding of the information enclosed in your Letter of Protest does not entitle you to
`communicate directly with the Examining Attorney, either orally or in writing, with regard to
`this application. Further, because this Letter of Protest was granted prior to the publication of the
`mark for opposition, it is within the discretion of the Examining Attorney to decide whether or
`not to institute the refusal, requirement or suspension raised by the evidence presented with the
`Letter of Protest. Therefore, you must continue to monitor the status of the application. You will
`find status information on all trademark applications and registrations using the on—line TARR
`system at the USPTO web site. The URL for that system is http://tarr.uspto.gov.
`
`Regards,
`
`/CGJ/ ‘
`
`Charles G. Joyner
`
`Staff Attorney
`Office of the Deputy Commissioner for
`Trademark Examination Policy
`
`(571) 272-8942
`
`
`
`

`
`
`
`January 26, 2011
`
`Mr. Albert P. Patterson
`
`Super Stars of Wrestling
`3840 N. Sherman Blvd.
`
`Milwaukee, WI 53216
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`www.uspto.gov
`
`Re: Submissions to the Commissioner for Trademarks of December 30, 2010
`Serial Nos. 77-626294, 77-626281, 77—626327, 77-626242, 77-626253
`Applicant: World Wrestling Entertainment, Inc.
`Mark: WWE SUPERSTARS
`
`Dear Mr. Patterson:
`
`The United States Patent and Trademark Office received your communication providing exhibits
`relating to your intellectual property. Your correspondence was not characterized as a letter of
`protest and has not been referred to for decision as such.
`
`Please be advised that submissions by third parties to the trademark applications of other
`applicants are not permitted. Should you wish to formally file a letter of protest, please refer to
`the Trademark Manual of Examining Procedure (TMEP) (7th ed., 2010) for more information.
`http://tess2.uspto.gov/tmdb/tmep/l700.htm# Tl 715 Letters of protest may not be submitted to
`the general trademarks correspondence address as they are not to become part of the application
`file record unless accepted by the Office of the Deputy Commissioner for Trademark
`Examination Policy. TMEP §17l5
`
`Letters of protest may be submitted via facsimile to 571-273-0032 or online at
`http://www.uspto.gov in the Trademark Electronic Application System (TEAS) under “Petition
`Forms,” form 10 - Letter of Protest.
`
`Sincerely,
`
`Jennifer Cfiicosfii
`/Jennifer D. Chicoski/
`
`Staff Attorney
`Office of the Commissioner for Trademarks
`
`U.S. Patent & Trademark Office
`
`
`
`

`
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`SEN
`SUPERSTARS OF ‘WRESTLING
`
`Word Mark
`Goods and Services
`
`Mark Drawing Code
`Design Search Code
`Serial Number
`
`SUPERSTARS OF WRESTLING SW
`IC 041. US 107. G & S: entertainment services in the nature of television programs
`featuring wrestling. FIRST USE: 19790000. FIRST USE IN COMMERCE: 19790000
`(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
`01.01.03 - Comets; Stars with five points
`74429666
`
`August 30, 1993
`Filing Date
`1A
`Current Filing Basis
`1A
`Original Filing Basis
`Published for Opposition July 12, 1994
`
`Registration Number
`Registration Date
`Owner
`
`Disclaimer
`.
`
`Type of Mark
`Register
`Affidavit Text
`Renewal
`
`1857015
`October4, 1994
`(REGISTRANT) Patterson, Albert P. DBA WWA SUPERSTARS OF WRESTLING
`INDIVIDUAL UNITED STATES 3840 NORTH SHERMAN BLVD. Milwaukee WISCONSIN
`53216
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "WRESTLlNG" APART .
`FROM THE MARK AS SHOWN
`
`SERVICE MARK
`PRINCIPAL-2(F)-IN PART
`SECT15. SECT 8 (6—YR). SECTION 8(10-YR) 20050415.
`1ST RENEWAL 20050415
`
`Live/Dead Indicator
`
`LIVE
`
`°‘~°""‘°“"°"°55
`Limitation Statement
`
`as to "SUPERSTARS OF WRESTLING"
`
`
`
`
`
`
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`sweat and blood: who strives valiantly: who era *5:
`and come: soon again and again: who knew: the
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`who, at the worst. it he falls. at least hits while
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`with those 120'!‘ and timid souls who itnow neither
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`A girls‘ 3:-'rtirt.'.tstics open and invitational inure
`0-'lIlwrit. smnsorud by the L.:\.Ct)‘ltt1tiSlic£ Acade-
`my Booster Club.‘ will be helti Nov. l‘l-is at Green-
`field High School. The open'meet will be held Nov.
`l7. beginning at 9:30 am. The invitational meet
`will begin Nov, 18 at 10 .1.m.
`Run registration set
`Last-minute registration ior Saturday‘: Damion
`l)|<co\‘t‘r}' Run at the hiliwattltee Lakeiroht will be
`ht.-id l-'ridtt)' lrom 3-7 tam. at the War Memorial
`ants Center. There will be !IO.f€Ii8\l'|l|0fl Sttur-
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`
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`8250 P.M.
`
`
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`degrees. or the reactions of the tans. Y
`don't reallae what itlnd oi ellt-ct you can hat c on a
`iootoatl team.
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`really responsible the our auc-
`t:t-sa against New naland Oh.Mvlt'¢I)' night telew-
`aion.
`-
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`-
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`emotional peait that ttl
`lit. Ever thing we did. you
`tv on con ldeoee carried out
`. went eras . You on
`on the lie
`to its and that [live as eontldertet»,
`Nobody in the world gave its a chance to win that
`game. But the teellttgs we got tron you helped til
`it.-
`lost as yet}: reaction tharttight was hélpttii’.
`But
`hoo. it becomes counter-productive.
`' when you
`Lately. ptoyle
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`and James Lo ton. hey't'e been booing all at us.
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`trvltig so huts. deserve but-
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`those boos. Any player on any team has a lot at
`etmtidettce atttt ego. It's usually that ago that got
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`makes those boos hurt so much.
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`
`
`
`
`

`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`vwwv.uspto.gov
`
`LETTER OF PROTEST MEMORANDUM
`
`DATE:
`
`September 15, 2009
`
`TO:
`
`Jenny Park
`Law Office 104
`
`FROM:
`
`Charles G. Joyner
`Office of the Deputy Commissioner for
`Trademark Examination Policy
`
`SUBJECT:
`
`Letter of Protest concerning Application Serial No. 77626253
`
`It has been determined that the
`A Letter of Protest filed before publication has been granted.
`information submitted by the protester is relevant and supports a reasonable ground for refusal
`appropriate in ex parte examination. Therefore, you must consider the following and make an
`independent determination whether to issue a requirement or refiasal based on the objections
`raised in the Letter of Protest:
`
`Possible Likelihood of confusion with protester’s registered mark
`
`U.S. Reg No. 1857015
`
`A copy of the registration is available in the X-search database.
`
`

`
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`www.uspto.gov
`
`LETTER OF PROTEST MEMORANDUM
`
`DATE:
`
`September 15, 2009
`
`TO:
`
`Jenny Park
`Law Office 104
`
`FROM:
`
`Charles G. Joyner
`Office of the Deputy Commissioner for
`Trademark Examination Policy
`
`SUBJECT:
`
`Letter of Protest concerning Application Serial No. 77626327
`
`It has been determined that the
`A Letter of Protest filed before publication has been granted.
`information submitted by the protester is relevant and supports a reasonable ground for refusal
`appropriate in ex parte examination. Therefore, you must consider the following and make an
`independent determination whether to issue a requirement or refusal based on the objections
`raised in the Letter of Protest:
`
`Possible Likelihood of confusion with protester’s registered mark
`
`U.S. Reg No. 1857015
`
`A copy of the registration is available i11 the X-search database.
`
`

`
`
`
`Commissioner for Trademarks
`PO. Box 1451
`Alexandria, VA 22313-1451
`www.uspto.gov
`
`LETTER OF PROTEST MEMORANDUM
`
`DATE:
`
`September 15, 2009
`
`TO:
`
`Jenny Park
`Law Office 104
`
`FROM:
`
`Charles G. Joyner
`Office of the Deputy Commissioner for
`Trademark Examination Policy
`
`SUBJECT:
`
`Letter of Protest concerning Application Serial No. 77626281
`
`It has been determined that the
`A Letter of Protest filed before publication has been granted.
`information submitted by the protester is relevant and supports a reasonable ground for refusal
`appropriate in ex parte examination. Therefore, you must consider the following and make an
`independent determination whether to issue a requirement or refusal based on the objections
`raised in the Letter of Protest:
`
`Possible Likelihood of confusion with protester’s registered mark
`
`U.S. Reg No. 1857015
`
`A copy of the registration is available in the X-search database.
`
`

`
`Int. C1s.: 35 and 41
`
`Prior U.S. Cls.: 100, 101, 102 and 107
`
`United States Patent and Trademark Office
`
`Reg. No. 3,051,928
`Registered Jan. 31, 2006
`
`SERVICE MARK
`
`PRINCIPAL REGISTER
`
`WORLD WRESTLING ASSOCIATION
`
`PATTERSON, ALBERT (UNITED STATES INDI-
`VIDUAL , DBA WWA SUPERSTARS OF
`WRESTL NG
`3840 N. SHERMAN BLVD.
`MILWAUKEE, WI 53216
`
`ONGOING TELEVISION PROGRAMS FEATURING
`WRESTLING, IN CLASS 41 (US. CLS._ 100, 101 AND
`107).
`
`FIRST USE 6-19-1978; IN COMMERCE 6-19-1978.
`
`FOR: PROMOTING WRESTLING COMPETI-
`TIONS OF OTHERS, IN CLASS 35 (US. CLS. 100,
`101 AND 102).
`
`NO CLAIM IS MADE TO THE EXCLUSIVE
`RIGHT TO USE WRESTLING ASSOCIATION,
`APART FROM THE MARK AS SHOWN.
`
`FIRST USE 6-19-1978; IN COMMERCE 6-19-1978.
`
`SEC. 2(F').
`
`FOR: ENTERTAINMENT SERVICES IN THE
`NATURE OF WRESTLING MATCHES; WRES-
`TLING VIDEOTAPE PRODUCTION; AND ENTER-
`TAINMENT SERVICES IN THE NATURE OF
`
`SER. NO. 75-879,939, FILED 12-23-1999.
`
`KELLY BOULTON, EXAMINING ATTORNEY
`
`

`
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`Typed Drawing
`
`Word Mark
`Goods and
`Services
`
`WORLD WRESTLING ASSOCIATION
`IC 041. US 100 101 107. G & S: entertainment services in the nature of wrestling matches;
`wrestling videotape production; and entertainment services in the nature of ongoing television
`programs featuring wrestling. FIRST USE: 19780619. FIRST USE IN COMMERCE: 19780619
`
`IC 035. US 100 101 102. G & S: promoting wrestling competitions of others. FIRST USE:
`19780619. FIRST USE IN COMMERCE: 19780619
`
`(1) TYPED DRAWING
`
`""a"‘ °'a""‘“9
`Code
`
`Design Search
`Code
`
`Serial Number
`
`75879939
`
`Filing Date
`
`December 23, 1999
`
`Current Filing
`Basis
`
`Original Filing
`Basis
`
`1A
`
`1A
`
`'°“b"5"°“ f°'
`Opposition
`Registration
`Number
`
`Registration
`Date
`Owner
`
`A“°"‘°Y °f
`Record
`Disclaimer
`
`November 8 2005
`’
`
`3051928
`
`January 31, 2006
`(REGISTRANT) Patterson, Albert DBA WWA Superstars of Wrestling INDIVIDUAL UNITED
`STATES 3840 N. Sherman Blvd. Milwaukee WISCONSIN 53216
`
`ALBERT PATTERSON
`
`NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE WRESTLING ASSOCIATION APART
`FROM THE MARK AS SHOWN
`
`Type of Mark
`Register
`
`SERVICE MARK
`PRINCIPAL-2(F)
`
`—-
`
`.
`
`/1
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`-
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`I 1,,,,,.ct_1_1r‘II.‘.._,1,..-O_..4.-.+,.—-.»l§n0nn '7 1
`
`
`
`

`
`EXHIBIT 1
`
`

`
`
`
`FOR IMMEDIATE RELEASE
`
`Contacts:
`Investors: Michael Weitz 203-352-8642
`Media: Robert Zimmerman 203-359-5131
`
`WWE® Reports 2011 Fourth Quarter and Full Year Results
`
`today announced
`STAMFORD, Conn., February 23, 2012 - VVWE (NYSE:WWE)
`financial results for its fourth quarter ended December 31, 2011. Revenues totaled
`$112.9 million as compared to $122.5 million in the prior year quarter. Operating loss
`was ($13.1) million as compared to Operating income of $14.4 million in the prior year
`quarter. Net loss was ($8.6) million, or ($0.12) per share, as compared to Net income of
`$8.1 million, or $0.11 per share, in the prior year quarter. Excluding the impact of film
`impairments and network related expenses in the current year quarter, Adjusted
`Operating income was $3.1 million as compared to $14.4 million in the prior year
`quarter. Adjusted Net income was $1.8 million, or $0.02 per share, as compared to $8.1
`million, or $0.11 per share, in the prior year quarter.
`
`“In 2011, we evaluated several paths for creating new programs and distributing all of
`our content in a way that optimizes its value. Executing this strategy effectively, including
`the potential creation of a WWE Network, has the power to transform our business,”
`stated Vince McMahon, Chairman and Chief Executive Officer. “While we made
`significant progress toward this objective, our fourth quarter and full year results were
`impacted primarily by three items: significant non-cash film impairment charges
`stemming from the weak performance of our movie releases, strategic decisions to
`withhold several hours of previously licensed television content for distribution on other
`platforms, and initial start-up operating expenses associated with our emerging content
`and distribution strategy. Regarding the first item, we have taken several measures to
`improve the profitability of our movie business. And, regarding the other items, we
`believe that our ongoing investment to expand and maximize the value of our content is
`the most potent approach for driving our future earnings.”
`
`Comparability of Results
`
`The current year quarter results included $12.2 million in film impairment charges related
`to our films The Reunion, Bending the Rules, Barricade, See No Evil, Knucklehead and
`The Chaperone. In addition, the current year quarter results included approximately $4.0
`million in network related expenses.
`In order to facilitate an analysis of our financial
`results on a more comparable basis, where noted, we have adjusted our results to
`exclude these items from our fourth quarter of 2011 results. Excluding the impact of
`these items, Adjusted Operating income decreased to $3.1 million and Adjusted EBITDA
`decreased to $7.2 million. (See Supplemental Information — Schedule of Adjustments).
`
`

`
`Three Months Ended December 31, 2011 — Results by Business Segment
`
`Total revenues decreased 8% to $112.9 million driven by declines across all of our
`operating segments. Revenues from North America decreased by 9%, led by declines in
`our \/\/\NE Studios, Television, and WWE.com businesses. Revenues outside North
`America decreased 5%, primarily due to a decline in our Licensing business, which was
`partially offset by increased revenue in Live Events. Revenue from Asia Pacific and Latin
`America benefited from an increase in the number and the timing of our live events.
`Additionally, revenue growth in the Asia Pacific region reflected higher sales of licensed
`and home video products. There was no significant impact from changes in foreign
`exchange rates in the current year quarter.
`
`The following tables reflect net revenues by segment and by region for the three months
`ended December 31, 2011 and December 31, 2010. (Dollars in millions)
`
`Three Months Ended
`
`December 31,
`
`December 31,
`
`Net Revenues
`
`Live and Televised Entertainment ...................... ..
`Consumer Products ................................................ ..
`
`Digital Media .............................................................. ..
`WWE Studios ............................................................ ..
`
`2011
`
`$ 81.0
`18.7
`
`8.9
`4.3
`
`Total ............................................................................. ..
`
`$112.9
`
`2010
`
`$ 82.4
`21.9
`
`10.3
`7.9
`
`$122.5
`
`Three Months Ended
`
`December 31,
`
`December 31,
`
`Net Revenues by Region
`North America ............................................... ..
`Europe, Middle East & Africa (EMEA) ........... ..
`Asia Pacific (APAC) ...................................... ..
`Latin America ................................................ ..
`
`2011
`$ 78.2
`19.1
`9.4
`6.2
`
`Total .............................................................. ..
`
`$112.9
`
`2010
`$ 85.9
`24.7
`6.4
`5.5
`
`$122.5
`
`Live and Televised Entertainment
`
`Revenues from our Live and Televised Entertainment businesses were $81.0 million for
`the current quarter as compared to $82.4 million in the prior year quarter, representing a
`2% decrease.
`
`o
`
`Live Event revenues were $26.9 million as compared to $26.6 million in the prior
`year quarter. Revenues increased 1% as an increase in overall average ticket prices
`was offset by the occurrence of 6 fewer events in the quarter.
`
`including 31 international events, during the current
`o There were 78 events,
`quarter as compared to 84 events, including 26 international events, in the prior
`year quarter.
`
`IQ
`
`

`
`- North American events generated $12.7 million of revenues from 47 events as
`compared to $13.1 million from 58 events in the prior year quarter. North
`American average attendance increased 7% to approximately 6,000 from 5,600
`in the prior year quarter, due in part to changes in the mix of venues. The
`average ticket price for North American events was $42.87 in the current quarter
`as compared to $39.31 in the prior year quarter.
`
`0
`
`international events generated approximately $14.2 million of revenues from 31
`events as compared to $13.5 million from 26 events in the prior year quarter. The
`increase in revenue was primarily due to the occurrence of five more events in
`the current year quarter. International average attendance decreased 16% to
`6,300 from 7,500 in the prior year quarter, due in part to territory mix. Average
`ticket prices were $66.27 as compared to $66.06 in the prior year quarter.
`
`o
`
`Pay-Per-View revenues were $14.6 million as compared to $13.8 million in the prior
`year quarter, reflecting a 2% increase in total pay-per-view buys. Buys for the four
`comparable events in the current and prior year quarter declined 3%, but were more
`than offset by an increase in prior period buys, which resulted in a 6% increase in
`pay-per-view revenue.
`
`The details for the number of buys (in 000s) are as follows:
`
`Broadcast Month
`
`Events (in chronological order)
`
`October
`October
`November
`December
`
`Hell in a Cell TM ................................................ ..
`Vengeancem/Bragging Rights TM
`.............. ..
`Survivor Series ® ............................................ ..
`WWE TLC TM .................................................. ..
`
`Prior events
`Total ........................................................................................................... ..
`
`Three Months Ended
`
`December 31
`2011
`2010
`
`182
`121
`281
`179
`
`33
`796
`
`’
`
`210
`137
`244
`195
`
`g2)
`784
`
`0 Television Rights Fees revenues were $33.9 million as compared to $35.7 million
`in the prior year quarter. This decrease was primarily due to the absence of domestic
`rights fees for our WWE Superstars program.
`
`- Venue Merchandise revenues were $3.9 million as compared to $3.7 million in the
`prior year quarter, as the impact of a 7% increase in domestic per capita
`merchandise sales to $9.81, was partially offset by a 5% decrease in total domestic
`attendance in the current year quarter.
`
`Consumer Products
`
`Revenues from our Consumer Products businesses decreased 15% to $18.7 million
`from $21.9 million in the prior year quarter, primarily due to the performance of our
`Licensing and Publishing businesses, partially offset by improved results in our Home
`Video business.
`
`

`
`- Home Entertainment net revenues were $6.5 million as compared to $5.8 million in
`the prior year quarter, representing a 12% increase that was primarily due to an
`adjustment in the prior year quarter. Gross domestic retail revenue declined 14%, or
`$1.8 million, due to an 8% decrease in shipments to 825,000 units and a 5% decline
`in average effective prices to $13.50. The prior year quarter included an adjustment
`for lower sell-through expectations of prior year releases.
`
`- Licensing revenues were $9.5 million as compared to $12.3 million in the prior year
`quarter as lower sales of toy, collectible and novelty products more than offset an
`increase in video game sales. Revenues related to toys declined 15%, or $1.0
`million, reflecting, in part, a challenging retail environment for certain toy categories.
`Revenues from our collectible products declined due to a tough comparison to a
`successful product launch in the prior year. Revenue from video games, increased
`by approximately $0.4 million, led by sales of the WWE All Stars video game, which
`launched in March 2011. Unit shipments of our SmackDown vs. Raw video game
`decreased 51% to 162,000 units as compared to the prior year quarter.
`
`o Magazine publishing net revenues were $2.0 million as compared to $3.1 million in
`the prior year quarter, primarily reflecting lower newsstand sales in the current
`quaner
`
`Digital Media
`
`Revenues from our Digital Media related businesses were $8.9 million as compared to
`$10.3 million in the prior year, representing a 14% decrease.
`
`o WWE.com revenues were $2.7 million as compared to $4.5 million in the prior year
`quarter, primarily reflecting a reduction in online advertising.
`
`o WWEShop revenues were $6.2 million as compared to $5.8 million in the prior year
`quarter. This was driven by a 13% increase in average revenue per order to $52.09,
`partially offset by a 5% decline in the total number of orders,
`to approximately
`120,000.
`
`WWE Studios
`
`Current year, we recorded revenue of $4.3 million as compared to $7.9 million in the
`prior year quarter, with the decline in revenue driven by the relative performance of our
`current film releases compared to the prior year quarter releases. Film profits declined
`$13.2 million from the prior year quarter due to $12.2 million in non-cash film impairment
`charges, primarily driven by lower DVD sales expectations associated with previous
`releases, The Reunion, See No Evil, Knucklehead, The Chaperone and pending
`releases, Bending the Rules and Barricade. The decline in film profits also reflected
`lower receipts from our other films.
`
`

`
`Profit Contribution (Net revenues less cost of revenues)
`
`Profit contribution decreased to $24.3 million in the current year quarter from $46.8
`million in the prior year quarter,
`reflecting $12.2 million non-cash film impairment
`charges and other operating factors. Excluding the impact of the film impairments,
`Adjusted Profit contribution was $36.5 million in the current year quarter as compared to
`$46.8 million in the prior year quarter, reflecting the absence of television rights fees for
`our WWE Superstars program, a reduction in toy and collectibles licensing revenue, and
`increased Pay-Per-View production and marketing costs. Gross profit margin decreased
`to approximately 22% from 38% in the prior year quarter, primarily driven by the
`performance of our film business. Adjusted profit margins were 32% as compared to
`38% in the prior year quarter reflecting lower television and licensing revenues, which
`have high variable margins, as well as the increase in pay-per—view costs.
`
`Selling, general and administrative expenses
`
`SG&A expenses were $33.3 million for the current year quarter as compared to $29.2
`million in the prior year quarter,
`led by increases in staffing related costs,
`including
`salary, benefits, and recruitment, as well as higher professional fees, due in part to the
`potential creation of a WWE Network. Network related expenses were approximately
`$4.0 million in the current year quarter.
`
`Degreciation and amortization
`
`Depreciation and amortization expense was $4.1 million for the current year quarter as
`compared to $3.2 million in the prior year quarter.
`
`EBITDA
`
`EBITDA refiected a loss of ($9.0) million in the current year quarter as compared to a
`profit of $17.6 million in the prior year quarter. The EBITDA decline was primarily driven
`by the change in profit contribution as described above. Adjusted EBITDA (which
`excludes the film impairment charges and network related expenses in the current year
`quarter) decreased to $7.2 million in the current year quarter as compared to $17.6
`million in the prior year quarter, also driven by the change in profit contribution.
`
`Investment and Other Ex ense lncome
`
`Investment income was $0.6 million in the current year quarter as compared to $0.5
`million in the prior year quarter. Other expense was $0.5 million in the current year
`quarter as compared to $0.9 million in the prior year quarter, reflecting foreign exchange
`losses of $0.2 million in the current year quarter as compared to foreign exchange loss