Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1037581
`
`Filing date:
`
`02/21/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92073190
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Barbara J. Swaab
`
`BARBARA J SWAAB
`3850 LAKEVIEW BLVD
`ORCHARD LAKE, MI 48324
`UNITED STATES
`no email provided
`no phone number provided
`
`Motion to Dismiss - Rule 12(b)
`
`Arnold S. Weintraub
`
`ipdocket@weintraubgroup.com
`
`/Arnold S. Weintraub/
`
`02/21/2020
`
`20200221 Motion and Brief For Filing.pdf(572471 bytes )
`20200221 Exhibits to Motion and Brief For Filing.pdf(2705593 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Cancellation No.: 92073190
`
`y-vvvvvvvvvv
`
`In Re Registration No. 2,553,590
`For the Mark: TAKE A DEEP BREATH
`
`Registered on March 14, 2002
`
`CALM.COM, INC.,
`
`Petitioner,
`
`vs.
`
`BARBARA J. SWAAB,
`
`Respondent.
`
`PERKINS COIE, LLP
`Patchen M. Haggerty
`1201 3rd Avenue, Suite 4900
`Seattle, Washington 98101—3 099
`(206) 359-8614
`
`Attorneysfor Petitioner
`
`THE WEINTRAUB GROUP, P.L.C.
`Arnold S. Weintraub
`
`24901 Northwestern Hwy., Suite 201
`Southfield, MI 48075
`
`(248) 809-2005
`
`Attorneys for Respondent
`
`
`RESPONDENT’S COMBINED MOTION TO DISMISS PURSUANT TO FRCP §12§b1g61
`AND MOTION FOR SUMMARY DISPOSITION PURSUANT TO FRCP §56
`
`BARBARA J. SWAAB, by and through her Attorneys, ARNOLD S. WEINTRAUB and
`
`THE WEINTRAUB GROUP, P.L.C., brings this Combined Motion to Dismiss Pursuant to
`
`FRCP §12(b)(6) and Motion for Summary Disposition pursuant to FRCP §56.
`
`

`

`It will be established hereinafter that Respondent has never abandoned the mark, “Take a
`
`Deep Breath,” nor has any intention of so doing.
`
`Accordingly, Respondent, BARBARA J. SWAAB, requests that Petitioner’s Petition for
`
`Cancellation be dismissed for failure to state a cause of action upon which relief can be granted
`
`and that Respondent’s Motion for Summary Disposition be granted.
`
`Concurrence in this Motion was sought on February 18, 2020, by e-mail to Petitioner’s
`
`counsel, Ms. Patchen Haggery but such concurrence was not given.
`
`Dated: February 21, 2020
`
`/Arnold S. Weintraub/
`
`Arnold S. Weintraub
`
`THE WEINTRAUB GROUP, P.L.C.
`24901 Northwestern Hwy., Suite 311
`Southfield, MI 48075
`
`(248) 809-2005
`
`Attorneys for Respondent
`
`

`

`TABLE OF CONTENTS
`
`Page No.
`
`Index of Exhibits .................................................................................
`
`-i—
`
`Issue Presented ....................................................................................... 5
`
`Controlling Authorities ............................................................................. 6
`
`Background .......................................................................................... 7
`
`Applicable Laws .................................................................................... 9
`
`Standard of Review ................................................................................. 9
`
`Argument ............................................................................................ l 1
`
`Conclusion .......................................................................................... l 3
`
`Relief Requested .................................................................................... 14
`
`

`

`
`INDEX OF EXHIBITS
`
`
`Exhibit
`
`Description
`
`Exhibit A
`
`Exhibit B
`
`Exhibit C
`
`Exhibit D
`
`Exhibit E
`
`Exhibit F
`
`Exhibit G
`
`Articles about Petitioner, Calm.com, Inc.
`
`Petitioner’s Intent to Use Trademark Application
`
`Third—Party Registration for “Take a Deep Breath”
`
`Respondent’s Registration No. 2,553,590 for “Take a Deep Breath”
`
`Affidavit of Respondent, Barbara J. Swaab (w attached Ex. 1, 2 & 3)
`
`Receipts from InMotion Hosting
`
`Screenshots from Way Back Machine Website
`
`

`

`

`

`ISSUES PRESENTED
`
`Should Petitioner’s Petition for Cancellation be dismissed pursuant to FRCP 12(b)(6)?
`
`Should Registrant be granted Summary Disposition pursuant to §FRCP 56?
`
`Should Respondent be found not to have abandoned her mark?
`
`Does Petitioner have standing to seek cancellation where it has no pending application in
`the same International Class as Registrant’s mark?
`
`

`

`TABLE OF AUTHORITIES
`
`RULES
`
`37 CFR §2.116
`
`FRCP §12(b)(76)
`
`FRCP §56
`
`15 U.S.C. §1127
`
` CASES
`
`Direcrv, Inc. v. Treesh, 487 F.3d 471, 476 (6th Cir. 2007) ............................................. 9
`
`Bell Atlantic Corp. v. Twombly, 550 US. 544, 555 (2007) .......................................... 10
`
`Ashcroft v. Iqbal, 556 US. 662, 678 (2009) ............................................................ 10
`
`Celotex Corp. v. Catrett, 477 US 317, 325 (1986) ................................................... 10
`
`Chao v. Hall Holding Co., 285 F.3d 415, 424 (6th Cir. 2002) ........................................ 11
`
`Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986) ...................................... ll
`
`Toufiglz v. Persona Parfum, Inc., 95 U.S.P.Q.2d 1872, 1875 (TTAB 2010) .................... 12, 13
`
`Azteca, S.A.B. de C. V. v. Martin, 128 US. P.Q.2d 1786, 1789 (TTAB 2018) ...................... 12
`
`P.A.B. Produits El Appareils de Beaute v. Satinine Societa in Nome Colletiivo di S.A. e M.
`Usellini, 196 U.S.P.Q. 801, 804 (C.C.P.A. 1978) .................................................. 12
`
`Cerveceria Centroamericana, SA. v. Cerveceria India, Inc.,
`13 U.S.P.Q.2d 1307, 1310 (Fed. Cir. 1989) ......................................................... 12
`
`

`

`BACKGROUND
`
`A. The Parties
`
`1. Calm.c0m
`
`As noted in its Petition and the attached Exhibits, Petitioner is a multimillion-dollar
`
`enterprise in what can be denoted as the “relaxation” business (Exhibit A).
`
`According to its Petition, Petitioner has been using a mark “Take a Deep Breath” since at
`
`least as early as December 15, 2016 for at least its mobile application (Exhibit A). Yet, on
`
`February 15, 2018, two years later than its stated date of first use, Petitioner filed an Intent to
`
`Use Application (Exhibit B) seeking registration of “Take a Deep Breath” in multiple classes,
`
`including ICOO9 where presumably, a trademark for its mobile application would be classified.
`
`To date, Petitioner has sought two extensions of time to file Statements of Use for all classes in
`
`spite of its own averment of use as of December 15, 2016 (Petition, Para. 5) This ITU is
`
`purposefully omitted services in IC041 presumably because Petitioner has been aware of
`
`Registrant’s mark.
`
`Furthermore, in Paragraph 6 of its Petition, Petitioner contends that it needs cancellation
`
`of Respondent’s registered mark “Take a Deep Breath” so that it can obtain exclusive control
`
`over this mark and seek registration in IC041. Parenthetically and contrary to this contention,
`
`there is a third-party Registration No. 4,317,066 for the same mark (Exhibit C).
`
`2. Barbara J. Swaab
`
`Contrasted with Petitioner is the Respondent, who is an individual who conducts, inter alia,
`
`yoga seminars and teaches yoga classes, which services are covered by the Registration in issue
`
`(Exhibit D). Furthermore, Respondent has continuously used the mark in connection with the
`
`identified services either directly or through her corporation TADB, Inc. Respondent has
`
`continuously advertised and promoted the services under the mark through the website,
`
`
`www.takeadeepbreath \‘0ga.com and has maintained this domain name.
`
`7
`
`

`

`B. The Petition is Without Basis
`
`In its Petition for Cancellation, Petitioner asserts that Respondent is currently not using
`
`the mark and hasn’t for the past three years. As shown by the Exhibits attached hereto, the ‘590
`
`Registration has been in continuous use for more than three years in connection with
`
`Respondent’s services. First, Petitioner well knows that the three year period of non-use only
`
`creates a rebuttable assumption of abandonment. Second, this was known to Petitioner at the
`
`time of filing its Petition. Indeed, prior to filing its Petition, Petitioner, through its counsel,
`
`approached Respondent, through her counsel, to acquire the mark without the benefit of FRE
`
`408. Respondent declined Petitioner’s offer but made a counteroffer. Instead of responding to
`
`the counteroffer, Petitioner summarily filed this Petition.
`
`C. The ‘590 Registration Has Not Been Abandoned
`
`As the Affidavit of Respondent Barbara J. Swaab establishes, While the ownership of the
`
`‘590 Registration may have been transferred back and forth between Barbara J. Swaab, herself,
`
`and her corporation, TADB, Inc., ownership and use of the mark and the registration has always
`
`been through these related entities.
`
`The mark has been continuously advertised and promoted through Registrant’s website,
`
`
`www.takeadeepbreathvona.com, and is currently being used thereon (See Affidavit of Barbara J.
`
`Swaab, Exhibit E With Attached Exhibits 1, 2 & 3).
`
`Respondent’s web master has been paid from at least 2017 through the present day for its
`
`
`web hosting services at wwwtakeadeepbreathvoua.co_rn.
`
`In addition, Ms. Swaab has posted yoga classes on Facebook and used flyers to promote
`
`her services. In any event, as shown by the attached Exhibits and the argument presented herein,
`
`as well as the Affidavit of Barbara J. Swaab, it is clear that there is no basis for cancellation since
`
`the mark has not been abandoned there is no intent to cease usage of the mark.
`
`8
`
`

`

`One of the predicates for Petitioner’s Petition is that there has been no listing of classes
`
`on the www.takeadeepbreathyoga.com website and Petitioner erroneously concludes that,
`
`necessarily, the mark must have been abandoned. Not only does (Exhibit F) show that the
`
`website has been active and has been hosted continuously since at least 2017 by InMotion
`
`Hosting, but a search of the well-known Archive.org, a/k/a The Way Back Machine website
`
`(Exhibit G) shows that between 2013 and 2019, there have been ten changes to the website.
`
`Each one of those webpages, one of which is attached as a part of Exhibit G, prominently
`
`displays the mark, “Take a Deep Breath.” Moreover, the supposed failure of the listing of yoga
`
`classes on Respondent’s website as a basis for cancellation is based on a false premise. That
`
`listing is on a side bar which only identifies the services offered by Respondent, not a class
`
`schedule or a calendar.
`
`Against this background, it is clear that Calm.com’s Petition must fail, and Respondent
`
`must be granted Summary Judgment.
`
`APPLICABLE LAW
`
`37 CFR §2.116 provides that the Federal Rules of Civil Procedure govern inter party
`
`proceedings before the TTAB, including both Opposition and Cancellation Proceedings. Thus,
`
`the instant pleading is governed by both FRCP §12(b)(6) and FRCP §56.
`
`STANDARD OF REVIEW
`
`A. Motion to Dismiss Under Fed.R.Civ.P. 121b1§61
`
`A Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the
`
`sufficiency of a complaint, i.e., a Petition for Cancellation. The court must “construe the
`
`complaint in the light most favorable to the non-moving party, accept its allegations as true, and
`
`draw all reasonable inferences in favor of the plaintif .” Directv, Inc. v. Treesh, 487 F.3d 471 ,
`
`476 (6th Cir. 2007). To survive a Rule 12(b)(6) Motion, the complaint’s “factual allegations
`
`9
`
`

`

`must be enough to raise a right to relief above the speculative level on the assumption that all of
`
`the allegations in the complaint are true.” Bell Atlantic Corp. v. Twombly, 550 US. 544, 555
`
`(2007) (internal citations and emphasis omitted). However, the acceptance of factual allegations
`
`as true is inapplicable to legal conclusions: “Threadbare recitals of all the elements of a cause of
`
`action, supported by mere conclusory statements do not suffice.” Ashcroft v. Iqbal, 556 US. 662,
`
`678 (2009). The court is “not bound to accept as true a legal conclusion couched as a factual
`
`allegation.” Id (internal quotations and citations omitted). “Only a complaint that states a
`
`plausible claim for relief survives a motion to dismiss.” Id.
`
`“Determining whether a complaint states a plausible claim for relief [is] a context-
`
`specific task that requires the reviewing court to draw on its judicial experience and common
`
`sense.” Id. To do so, a court should (1) “identify pleadings that, because they are not more than
`
`conclusions, are not entitled to the assumption of truth,” and (2) “assume the veracity [of the
`
`remining allegations] and determine whether they plausibly give rise to an entitlement to relief.”
`
`Id. at 679.1 Here, the predominant portion of the Petition is based on information and belief
`
`derived from a wrongful conclusion as to a side bar listing of services provided by Respondent
`
`on its website.
`
`B. Motion for Summarv Judgment Under Fed. R. Civ. P.56
`
`Under FRCP Rule 56(c), summary judgment may be granted when “there is no genuine
`
`issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”
`
`The moving party bears the burden of demonstrating the absence of all genuine issues of material
`
`fact. This burden is “discharged by ‘showing’ — that is, pointing out to the district court — that
`
`there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp. v.
`
`Catrett, 477 US. 317, 325 (1986). Once the moving party carries that burden, the burden then
`
`
`
`‘ Petitioner relies, solely and erroneously, on an alleged blank website content. There is no contention of returned or
`undeliverable mail; no disconnected phone numbers, etc. Indeed, Petitioner fails to recite that its counsel contacted
`the undersigned prior to filing its Petition and was advised that Respondent is still teaching yoga.
`
`10
`
`

`

`shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed. R.
`
`Civ. P. 45(e); Chao v. Hall Holding Co., 285 F.3d 415, 424 (6th Cir. 2002).
`
`To create a genuine issue of material fact, the nonmoving party must do more than
`
`present some evidence on a disputed issue.
`
`As the Supreme Court has stated, “There is no issue for trial unless there is sufficient
`
`evidence favoring the nonmoving party for a jury to return a verdict for that party. If the
`
`[nonmovant’s] evidence is merely colorable, or is not significantly probative, summary judgment
`
`may be granted.” Anderson v. Liberty Lobby, Inc., 477 US. 242, 249-50 (1986). However, the
`
`mere existence of a scintilla of evidence in support of the nonmoving party is not sufficient; there
`
`must be sufficient evidence upon which a jury could reasonably find for the non—movant. Id., at
`
`252.
`
`W
`
`As established hereinafter, Calm.com Inc’s Petition is premised on the rebuttable
`
`presumption of a purported three (3) years of non-use of the “Take a Deep Breath” mark in the
`
`US. However, that premise and rebuttable presumption fails on the evidence presented herein.
`
`Petitioner’s Burden of Proof
`
`Calm.com, Inc. bears the burden of proving both that Barbara J. Swaab or TADB, Inc.
`
`has discontinued use of the “Take a Deep Breath” mark and that the discontinuance was done
`
`with the intent not to resume use of the “Take a Deep Breath” mark in the US
`
`Recognizing that the burden of proof rests entirely on its shoulders without the benefit of
`
`any evidentiary presumptions, Calm.com, Inc. tries to deflect from its lack of evidence by
`
`enumerating the multitude of classes for its ITU application in its Petition. This effort is without
`
`merit. The evidence shows that Respondent has not abandoned her mark, nor does she have any
`
`intent of so doing.
`
`11
`
`

`

`A trademark is “abandoned” when its use has been discontinued with an intent not to
`
`resume such use. 15 U.S.C. §1l27. There are two elements to a non-use abandonment claim: (i)
`
`discontinuance of the use of a trademark and (ii) an intention not to resume use of the mark in
`
`the future. Toufigh v. Persona Parfum, Inc, 95 U.S.P.Q.2d 1872, 1875 (TTAB 2010). Because
`
`trademark registrations are presumed to be valid, a petitioner seeking cancellation for
`
`abandonment bears the burden of proving both elements by a preponderance of the evidence. TV
`
`Azteca, S.A.B. de C. V. v. Martin, 128 U.S. P.Q.2d 1786, 1789 (TTAB 2018).
`
`This is not an easy burden to meet. “[A]bandonment, being in the nature of a forfeiture,
`
`must be strictly proved” by a petitioner. P.A.B. Produits Et Apparez'ls de Beaute v. Satinine
`
`Societa in Name Collettivo di S.A. e M. Usellini, 196 U.S.P. Q. 80], 804 (C.C.P.A. 1978)
`
`(emphasis added). Accordingly, “any inference of abandonment must be based on proven fact.”
`
`TVAzteca, 128 U.S.P.Q.2d at 1789. Whenever an inference of abandonment “is based on pure
`
`speculation. .
`
`. a prima facie case of abandonment must fail.” Cervecerz'a Centroamericana, SA.
`
`v. Cerveceria India, Inc., 13 U.S.P.Q.2d 1307, 1310 (Fed. Cir. 1989).
`
`In establishing abandonment, Calm.com, Inc. cannot rely on any evidentiary
`
`presumptions. While nonuse of a trademark for three consecutive years constitutes a primafacie
`
`showing of abandonment and shifts the burden of proof to the registrant “to produce evidence
`
`that he either used the mark during the statutory period or intended to resume or commence use,’
`
`’
`
`Rivara' v. Linville, 45 U.S.P.Q.2d 1374, 1376 (Fed. Cir.1998), this burden-shifting presumption
`
`does not apply in this proceeding since the record shows that there is not a three-year period of
`
`non-use of the “Take a Deep Breath” mark in the United States (Affidavit of Swaab).
`
`In other words, it is Calm.com Inc’s burden to strictly prove by a preponderance of the
`
`evidence that (i) Barbara J. Swaab discontinued use of the “Take a Deep Breath” mark in the
`
`United States and (ii) Barbara J. Swaab had no intent to resume use of the “Take a Deep Breath”
`
`12
`
`

`

`mark at the time she ceased use of the mark. Toufigh, 95 U.S.P.Q.2d at 1875 (“A plaintiff must
`
`show both of elements unless it can show three years of non-use. . .”).
`
`It is only when petitioner proves both of these elements that the burden shifts to
`
`respondent to come forward with evidence showing she had an intent to resume use. Toufigh, 95
`
`U.S.P.Q.2d at 1875 (“[T]he burden does not shift to respondent unless petitioner has made a
`
`primafacie case of abandonment”) If Calm.com Inc. fails to prove either one of the two
`
`elements of abandonment, its abandonment claim fails without Barbara J. Swaab needing to
`
`provide any evidence at all. Id. at 1876 (because petitioner “has not established a primafacz’e
`
`case .
`
`. .”).
`
`It is critical to an understanding of the present posture of the parties that while Petitioner
`
`has alleged in its Petition that it has been using the mark, “Take a Deep Breath” since at least
`
`2016, its trademark application upon which it relies was filed in February of 201 8 as an Intent to
`
`Use Application. Furthermore, since at least January 22, 2019 when the Notice of Allowance
`
`was issued, Petitioner has yet to file a Statement of Use. Rather, Petitioner has filed two requests
`
`for extension of time. It is submitted that Petitioner cannot have it both ways.
`
`Even more critical to the resolution of this issue before the Board is that Petitioner has
`
`not sought registration in Class 041 which is the Class in which Respondent’s mark is classified.
`
`Necessarily, then, it must be presumed that at the time of filing the application, Petitioner was
`
`well aware of Respondent. There is no allegation of likelihood of confusion and, as Petitioner,
`
`alleges, its only potential damage is preclusion from seeking domination or dominance of the
`
`“Take a Deep Breath” mark in an almost monopolistic manner.
`
`CONCLUSION
`
`The Affidavit of Respondent, alone, shows that the mark has not been abandoned. This is
`
`more than buttressed by the Exhibits attached hereto, i.e., the renewals of Respondent’s domain
`
`13
`
`

`

`name, flyers advertising yoga classes, promotions of Respondent through the Yoga Alliance, and
`
`more. An irrefutable conclusion must be drawn that Respondent has not abandoned her mark.
`
`Not only has Petitioner failed to allege a viable Petition to Cancel, it has not come forth
`
`with sufficient evidence of probative value to preclude summary judgment. Contrariwise, and as
`
`the Exhibits hereto show, it would be futile for this case to go any further. By no manner can
`
`Petitioner Show that Respondent has abandoned the registration; has no intent to resume use of
`
`the registered mark; and cannot defeat the fact that the mark has been in use for more than the
`
`past three (3) years.
`
`RELIEF REQUESTED
`
`In View of what has been set forth and shown herein, Respondent respectfully requests
`
`that the Petition to Cancel be denied and that Summary Judgment in favor of Respondent be
`
`granted.
`
`Once this Motion is decided, Respondent requests that the Board issue a new scheduling
`
`Order, if necessary.
`
`Dated: February 21, 2020
`
`Respectfully Submitted:
`
`
`/Arnold S. Weintraub/
`
`Arnold S. Weintraub
`
`THE WEINTRAUB GROUP, P.L.C.
`24901 Northwestern Hwy., Suite 311
`Southfield, MI 4807
`(248) 809-2005
`
`Attorneys for Respondent
`
`14
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 21, 2020, I served a true and complete copy of the
`Respondent’s Motion to Dismiss and Brief in Support of Motion to Dismiss Pursuant to FRCP
`§12(b)(6) upon Patchen M. Haggerty, Perkins Coie, LLP, 1201 3rd Avenue, Suite 4900, Seattle,
`Washington 98101-3099 by email to PHaggefiy§Qperkinscoie.com.
`
`Dated: February 21, 2020
`
`/Dede Phillips]
`Dede Phillips
`The Weintraub Group, P.L.C.
`24901 Northwestern Hwy., Suite 311
`Southfield, Michigan 48075
`Tel: 248—809-2005
`
`15
`
`

`

`EXHIBIT A
`
`

`

`This meditation app is now worth $250 million.
`
`The article also says:: Meditation start—up Calm was so successful during a chaotic and stressful 2017 that Apple
`recognized it as the app of the year.
`
`”Well done, Calm,” Apple said in December.
`
`Now the San Francisco-based company, which to date has only raised $1.5 million in seed financing, is being rewarded
`by investors. insight Venture Partners is leading a funding round that values Calm at about $250 million, according to
`sources familiar with the matter. The total funding will exceed $25 million, said the sources, who asked not to be named
`because the deal hasn’t closed and won’t be announced for a few weeks.
`
`Founded in 2012 by Michael Acton Smith, who previously created video game company Mind Candy, and serial
`entrepreneur Alex Tew, Calm more than tripled its sales last year and was generating $40 million in annual revenue by
`the end of 2017, Acton Smith told CNBC in a December interview. That number has since jumped to $60 million, sources
`said.
`
`
`
`

`

`2/19/2020
`
`Calm (company) - Wiki | Golden
`
`GOLDEN
`
`
`
`Calm (company)
`
`A health technology start-up based in San Francisco. It was founded in 2012 by Alex Tew and Michael Acton Smith
`
`and produces a mobile application for sleep, relaxation, and meditation.
`
`K
`
`Calm is a San Francisco-based mobile application company that provides wellness services which are aimed to help users
`
`manage anxiety, lower stress and sleep better. The app can be accessed via mobile application or website and includes
`
`meditations. bedtime stories, music, sounds that play the noise of scenic places, videos for wellness and stretches, and
`
`master classes.“ 2
`
`Product
`
`Users can download the app for free and have access to a limited amount of the app's services. lfthey want to upgrade to a
`
`premium account, they can have a free one-week trial of the app and then it can be bought with various plans depending on
`
`the duration of the desired plan.
`
`Meditation
`
`Calm has various meditation topics that users can choose. Topics include but are not limited to sleep, anxiety, beginners, self-
`
`care, inner peace, and relationships. There are also meditations for children ages three to 17. Premium users have access to a
`
`special mediation that is updated daily.
`
`Sleep Stories
`
`Calm provides Sleep Stories, which are tales read by wel|~known voices such as Matthew McConaughey, Stephen Fry, Leona
`
`Lewis, and Bob Ross. The stories are intended to help people fall into a deep sleep and cover stories such as Beauty and the
`Beast and The Lost Grimm Fairy Tale. “ 5--
`
`Music and Scenes
`
`The music feature on the app is focused around music that can calm or focus the user. Users can pick songs from categories
`
`such as sleep, soundscapes, iuilabies, and focus. Songs can include nature sounds and white noise. The music varies in length
`and can last anywhere between three minutes up to an hour or more.
`'
`6»
`
`There is also a scenes feature that plays the sounds that one may hear in different scenes from around the world. Some
`
`scenes include "fireplace", where users can hear the low crackle of a fire; "tropical beach", where users can hear waves
`
`crashing on the shore; and "summer meadow“, where users can hear insects chirping and birds in the distance.
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`Calm Body
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`Calm Body includes guided video lessons of gentle stretching and mindful movement claimed to release tension and recharge
`
`the mind. Videos cover stretches that can be done in the morning, at night, and before or after a workout. There is also an
`introduction video that explains this feature of the app.
`8
`
`Master Class
`
`The Master Class feature in intended to teach the user about specific wellness topics through several videos on the app. The
`
`leaders ofthe master classes are experts in their fields, ranging from clinical psychologists to NBA stars to award-winning
`' 9
`authors.
`
`Partnerships
`
`Calm is partnered with XpresSpa at major US airports, such asiohn F. Kennedy international Airport in New York City, Los
`
`Angeles international Airport, and Philadelphia International Airport. Users can go to XpresSpa and receive a free luggage tag
`
`and ten minute relaxation lounger massage by showing their app to one of the store's employees. Calm products are available
`at XpresSpa for purchase as well.
`10 I
`
`Additional Products
`
`Outside of digital offerings, the company sells a sleep mist designed to spray on a pillow to accompany the bedtime story. A
`
`book called ”Calm" was published by co-founder Michael Acton Smith in 2016 and he toldutiNBC that other physical products
`
`such as books, clothing and potentially a Calm Hotel were part of the company's vision.
`
`Initiatives
`
`Calm offers a discount of 50% to companies that would like to provide the app to their teams. A company, organization, or
`
`group of five or more individuals can purchase the app by selecting the number of people who will be using it. Calm will send
`a landing page to the company, which can then send it to the team and use the subscription for one year.
`12
`
`There is also an initiative called "Calm Health", which is intended to be used by heaithcare practitioners and their clients. it
`
`consists of a free subscription for one year for the practitioner and a one month premium trail for their clients. it is available
`
`to doctors, dentists, psychoiogist, and other professionals in the health field. Healthcare practitioners can fill out a form online
`to sign up for the service and receive more information.
`1
`
`The Cairn Schools Initiative allows for any teacher anywhere in the world to access the app for free and share it in their
`
`classrooms. The stated goal of this initiative is to onboard 100,000 schools in 2019, intending to reach one million students.
`
`Teachers can have access to Calm‘s expanding children's mediation library and other wellness tools. In order to become a part
`
`of this initiative, teachers can visit the company‘s website and fill out a form. Upon completion and submission of the form,
`the teacher will be contacted by Calm for further instructions regarding the onboarding process.
`14
`
`6) Timeline
`
`July 1, 2019
`
`Calm raises $27 million more in Series B extension round
`
`The company raised an additional $27 million from Lightspeed. 15-5
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`Calm (company) - Wiki | Golden
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`February 6, 2019
`
`Calm Raises $88M and becomes a unicorn
`
`Cairn raises $88 million in a Series B financing, valuing the company at $1 billion USD. The funding round was led by TPG
`
`Growth and also included participation from Creative Artists Agency (CAA) and previous investors insight Venture Partners and
`Sound Ventures. The round at the time brought the total funding to $116M; 16
`
`February 2019
`
`Calm raises a $88,000,000 series B round from Insight Venture Partners,
`Sound Ventures, CAA and TPG Growth.
`
`March 26, 2018
`
`$25 million+ is invested in Calm ‘7
`
`insight Venture Partners invests more than $25 million into the company.
`
`2018
`
`Apple names Calm as Best of 2018 ‘8
`The app is named as one of the best self—care mobile applications. " 19
`
`2017
`
`Calm is named App of the Year 2017 ‘7
`Apple names the app the 2017 iPhone app of the year.
`
`June 13, 2014
`
`$578,000 is raised in a seed round
`.
`,
`.
`.
`.
`Calm raises more than halfa million dollars from Investors such as Angeiilst.
`
`20
`
`February 26, 2013
`
`Calm raises $465,000 in a seed roun
`
`The company raises almost half a million dollars from investors such as Tabreez Verjee.
`
`February 26,2013
`
`Calm raises a $415,000 seed round from Andy McLoughlin, Joe Greenstein,
`Kirill Makharinsky and Steve Pankhurst.
`
`May 4, 2012
`
`Calm is founded" ’"2
`
`Alex Tew and Michael Acton Smith found the company.
`
`2012
`
`Calm was founded by Alex Tew and Michael Acton Smith.
`
`Funding rounds
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`Calm (company) - Wiki I Golden
`
`.
`Funding round
`
`Calm
`funding
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`Funding
`round
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`('9
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`88,000,000
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`February 2019
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`TPG Growth
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`‘ February 26,2013
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`.,.
`
`Linkedln
`
`2 Results
`
`Page 1 of1
`
`Results per page:
`
`25
`
`Powered by Golden Research Engine
`
`:..'.= People
`
`Name
`
`Aaron Hirschhorn
`
`Adam Mosam
`
`* Adam Wildavsky
`
`Alex lkonn
`
`Alex Lyashok
`
`Alex Moskalyuk
`
`Alex "lew
`
`Alexander Will
`
`Amit Khanna
`
`Andre Carothers
`
`Andrew Crichton
`
`Andy Jagoe
`
`Andy McLoughlin
`
`Anson Whitmer
`
`Ashees Jain
`
`Role
`
`Investor
`
`Investor
`
`Investor
`
`Investor
`
`Investor
`
`Investor
`
`Co-CEO
`
`Chief Strategy Officer
`
`Attorney
`
`Investor
`
`Investor
`
`Investor
`
`Investor
`
`Employee
`
`Investor
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`Barrie Heptonstall
`
`Bart Lorang
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`Ben Dowling
`
`Bill Sheppard
`
`Bob Haya
`
`Brad Feld
`
`Bradley Caldwell
`
`Brent Vincent
`
`Carl Fritjofsson
`
`Casey McKerchie
`
`Calm (company) - Wiki | Golden
`
`investor
`
`investor
`
`E Employee
`
`investor
`
`Investo r
`
`investor
`
`investor
`
`investor
`
`investor
`
`VP Operations
`
`V SHOW ALL (148)
`
`[[3 Further reading
`
`Title
`
`Author
`
`Link
`
`Are Al fairytales the future?
`
`BBC News
`
`https://www. bbc.com/ne...
`
`Can't Sleep? Let Bob Ross
`
`Laura M. Holson
`
`http51/lwww.nytime5,com...
`
`Help You Find Some Happy
`Little 2225
`
`Michael Acton Smith: 'We
`
`lan Tucker
`
`want to show meditation is
`common sense'
`
`https://wvm.theguardlam...
`
`Type
`
`Web
`
`Web
`
`Web
`
`Date
`
`April 18. 2018
`
`June 12, 2018
`
`October 8,2017
`
`Documentaries, Videos and podcasts
`
`Title
`
`join The Calm Team
`
`Date
`
`May 21, 2019
`
`Relaxation app Cairn raises $88 million, valuing
`it $1 billion
`
`February 6, 2019
`
`This meditation app tells bedtime stories to
`
`August 31 .2018
`
`those in need of shut~eye
`
`Companies
`
`Link
`
`httsz/youtube/XQT fSSfleo
`
`https://www.cnbucom/ZOi 9/02/05!caim~raise...
`
`https;//www.today.com/video/ti’iis-meditation-...
`
`Company
`
`CED
`
`Location
`
`Products/Services
`
`https :l/golden.com/wiki/Calm_(company)
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`News
`
`Calm (company) - Wiki | Golden
`
`Title
`
`Author
`
`Date
`
`Publisher
`
`Description
`
`Calm co-CEO
`Michael Acton
`
`Smith explains
`
`/
`
`Eric Peckham
`
`February 4, 2020
`
`TechCrunch
`
`Calm, considered,
`
`Reuters Editorial
`
`November 14,
`
`U5.
`
`Henry to steer
`BHP through
`
`2019
`
`Tech Marketing is
`
`Virginia Hefternan
`
`October 22,2019
`
`Wired
`
`Losing its Cool
`
`Mental wellness
`unicorn Calm has
`
`more than two
`
`,3
`
`Calm and
`
`considered,
`incoming BHP
`
`When the cracks
`
`in the facade
`begin to show.
`
`a
`
`.3
`
`Calm raises $27M
`
`josh Constine
`
`July 1, 2019
`
`TechCrunch
`
`Meditation app
`
`to McConaughey
`
`vou to sleep
`
`John McEnroe
`Partners with
`
`American Express“;
`
`Samsung Teams
`
`up with Calm to
`Provide Better
`
`y,-
`
`Can a Leona Lewis
`
`story really help
`vou sleeo at
`References
`
`1. Author(s): Calm
`Date: October 8, 2011
`
`Type: Web page
`
`lune 27,2019
`
`WebWire
`
`unicorn Calm
`
`wants vou to doze;
`
`The former hot—
`headed
`
`international
`
`_,.
`
`March 4,2019
`
`WebWire
`
`Samsung
`
`Electronics today
`announced the
`
`2‘
`
`Invalid Date
`
`BBC News
`
`Self-care apps aim
`
`to reduce anxiety
`and stress and
`
`{,
`
`Calm (@calm) | Twitter. twitterrom. ht