Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1089445
`10/19/2020
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding No.
`
`92074009
`
`Filing Party
`
`Other Party
`
`Defendant
`Franklin Square Holdings, L.P.
`
`Plaintiff
`Growmark, Inc.
`
`Pending Motion
`
`There is no motion currently pending and no other motion is being filed concur-
`rent with this consent motion.
`
`Attachments
`
`FSCP_consent_to_suspend_Proceeding.pdf(285667 bytes )
`
`Consent Motion for Suspension in View of Civil Proceeding
`
`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, Franklin
`Square Holdings, L.P. hereby requests suspension of this proceeding pending a final determination of the
`civil action. Trademark Rule 2.117.
`Franklin Square Holdings, L.P. has secured the express consent of all other parties to this proceeding for the
`suspension requested herein.
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this filing has been served upon all parties, at their address of
`record by Email on this date.
`Respectfully submitted,
`/Camille M. Miller/
`Camille M. Miller
`cmiller@cozen.com, kgibbs@cozen.com, mmille@cozen.com, jcloak@cozen.com, phipdocket-
`ing@cozen.com, cbranka@cozen.com, treginelli@cozen.com
`10/19/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`______________________________________
`GROWMARK, INC.
`:
`:
`:
`:
`Serial Nos.: 86373395, 86956918,
`:
`88307681
`:
`
`:
`: Marks: FS INVESTMENTS, FS
`:
`INVESTMENT SOLUTIONS, FS
`
`Petitioner,
`
`v.
`
`Proceeding Nos.: 92074009 (Parent Case),
`92074010 (Consolidated – Child),
`92074011 (Consolidated – Child)
`
`FRANKLIN SQUARE HOLDINGS, L.P.
`
`INVESTMENTS and Design
`
`
`:
`:
`:
`
`:
`:
`______________________________________ :
`
`Registrant.
`
`MOTION ON CONSENT TO SUSPEND PROCEEDINGS PENDING
`DISPOSITION OF RELATED FEDERAL LAWSUIT
`
`Registrant, Franklin Square Holdings, L.P. (“Franklin Square” or “Registrant”), pursuant
`
`to 37 C.F.R. §2.117, by and through its undersigned counsel, hereby moves, with Petitioner’s
`
`consent, to suspend the above-referenced Cancellation Proceedings (the “Proceedings”) pending
`
`the disposition of a pending Federal lawsuit concerning the same marks and involving the same
`
`parties. The federal lawsuit is currently being litigated in the United States District Court,
`
`Eastern District of Pennsylvania, under the caption Franklin Square Holdings, L.P.. v.
`
`Growmark, Inc. (Case No. 2:20-cv-04987-JDW), before the Honorable Joshua D. Wolson, U.S.
`
`District Judge for the Eastern District of Pennsylvania (the “Federal Action”).
`
`Counsel for Petitioner, Jamie Nafziger, has consented to this Motion in an email to
`
`counsel for Registrant, Cozen O’Connor, on October 16, 2020.
`
`

`

`In the Federal Action filed on October 8, 2020, Franklin Square seeks a finding, among
`
`other things, that Franklin Square’s FS INVESTMENTS, FS INVESTMENT SOLUTIONS, and
`
`FS INVESTMENTS and Design
`
`registrations (Franklin Square’s FS Marks”) are not
`
`likely to cause confusion with Petitioner’s FS, FS AGRI-FINANCE, and FS and Design
`
` registrations and applications (“Petitioner’s FS Marks”). A true and correct copy of
`
`Franklin Square’s Federal Complaint (“Complaint”) filed against Petitioner is attached hereto
`
`and marked as Exhibit A. Franklin Square believes that the Federal Action will have a
`
`substantial bearing, if not dispositive impact, on these Proceedings. The proceedings in the
`
`Federal Action are underway.
`
`The parties will suffer no prejudice if this matter is stayed. These Cancellation
`
`Proceedings were only recently resumed and were just consolidated earlier this month. No
`
`discovery has yet to be issued or sought in these Proceedings.
`
`Franklin Square expects the relief sought in the Federal Action to be granted. A finding
`
`of noninfringement by Franklin Square in the Federal Action will establish and result in findings,
`
`as set forth in the Franklin Square’s Complaint, that Franklin Square’s FS Marks are not
`
`infringing Petitioner’s FS Marks. A finding of noninfringement by Franklin Square and Franklin
`
`Square’s FS Marks will directly address and contradict Petitioner’s claims in its Petition for
`
`Cancellation by showing Franklin Square’s FS Marks are not confusingly similar to Petitioner’s
`
`FS Marks within the meaning of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d). As a
`
`result, if Franklin Square is successful, the Federal Action should render and establish that
`
`Franklin Square’s FS Marks should not be cancelled and should remain registered.
`
`2
`
`

`

`In accordance with Rule 510.02(a) of the Trademark Trial and Appeal Board rules, the
`
`suspension of these Proceedings is proper. See 37 CFR § 2.117(a); Other Telephone Co. v.
`
`Connecticut National Telephone Co., 181 USPQ 125 (TTAB 1974), petition denied, 181 UPSQ
`
`779 (Comm’r 1974); Tokaido v. Honda Associates Inc., 179 USPQ 861 (TTAB 1973); Whopper-
`
`Burger, Inc. v. Burger King Corp., 171 USPQ 805 (TTAB 1971).
`
`WHEREFORE, good cause having been shown, Franklin Square, with Petitioner’s
`
`consent, requests that the above-captioned Proceedings be suspended.
`
`Dated: October 19, 2020
`
`
`
`Respectfully submitted by:
`
`/s/ Camille M. Miller
`Camille M. Miller - PA Bar ID No. 79670
`Melanie A. Miller - PA Bar ID No. 73499
`Kevin M. Gibbs - PA Bar ID No. 326053
`COZEN O’CONNOR
`1650 Market Street
`Philadelphia, PA 19103
`(215) 665-7273
`(215) 701-2273
`cmiller@cozen.com
`mmiller@cozen.com
`kgibbs@cozen.com
`
`Attorneys for Registrant,
`Franklin Square Holding, L.P.
`
`3
`
`

`

`CERTIFICATE OF SERVICE
`
`It is hereby certified that on this 19th day of October, 2020, a true and correct copy of the
`foregoing Motion to Suspend Petition for Cancellation was sent to counsel for Petitioner at the
`address set forth below, via email.
`
`DORSEY & WHITNEY LLP
`Suite 1500, 50 South Sixth Street | Minneapolis, MN 55402-1498
`P: 612.343.7922 F: 612.340.8827
`Nafziger.Jamie@dorsey.com
`
`/s/ Camille M. Miller
`Camille M. Miller
`
`

`

`EXHIBIT “A”
`EXHIBIT “A”
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 1 of 27
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`Franklin Square Holdings, L.P.
`
`
`
`Plaintiff,
`
`v.
`
`GROWMARK, Inc.
`
`Defendant.
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`Civil Action No.:
`
`COMPLAINT FOR DECLARATORY JUDGMENT
`OF TRADEMARK NONINFRINGEMENT
`
`G]RZ_eZWW’ =cR_\]Z_ IbfRcV ?‘]UZ_Xd’ C)G) %p=cR_\]Z_ IbfRcVq&’ Sj R_U eYc‘fXY T‘f_dV]’
`
`brings this Complaint for Declaratory Judgment against Defendant, GROWMARK, Inc.
`
`%p>c‘h^Rc\q& R_U R]]VXVd Rd W‘]]‘hd5
`
`PRELIMINARY STATEMENT
`
`1.
`
`This is an action for a declaratory judgment, pursuant to the Declaratory
`
`Judgment Act, 28 U.S.C. §§ 2201 and 2202 and Rule 57 of the Federal Rules of Civil Procedure,
`
`that (1) =cR_\]Z_ IbfRcVrd fdV ‘W Zed =I @EL<IJD<EJS® Marks does not infringe upon or
`
`Z_eVcWVcV hZeY eYV RddVceVU cZXYed ‘W >c‘h^Rc\ R_U %-& =cR_\]Z_ IbfRcVrd acts have not violated
`
`and do not violate federal or state laws relating to trademark infringement or unfair competition,
`
`including without limitation, Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114,
`
`1125(a).
`
`PARTIES
`
`2.
`
`Plaintiff Franklin Square Holdings, L.P. is a Pennsylvania limited partnership
`
`organized under the laws of the Commonwealth of Pennsylvania, and has a principle place of
`
`business at 201 Rouse Boulevard, Philadelphia, Pennsylvania 19112.
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 2 of 27
`
`3.
`
`Defendant GROWMARK, Inc. is a corporation organized under the laws of the
`
`State of Delaware, with a principal place of business at 1701 Towanda Avenue, Bloomington,
`
`Illinois 61701.
`
`JURISDICTION AND VENUE
`
`4.
`
`There is a justiciable controversy between Franklin Square and Growmark,
`
`namely Growmark is alleging and has alleged that Franklin Square is committing trademark
`
`infringement and unfair competition.
`
`5.
`
`Subject matter jurisdiction arises under the Federal Declaratory Judgment Act, 28
`
`U.S.C. §§ 2201-2202, the laws of the United States concerning trademarks and unfair
`
`competition, 15 U.S.C. §§ 1114, 1125(a) and 28 U.S.C. § 1338(b)), and under the supplemental
`
`jurisdiction provisions of 28 U.S.C. §§ 1331, 1338(b) and 1367(a).
`
`6.
`
`This Court has personal jurisdiction over Growmark because (i) Growmark has
`
`purposefully availed itself of this forum by maintaining an active, online website that is
`
`accessible to and actively advertises to residents of this judicial district; and (ii) a substantial part
`
`of the events giving rise to this action have occurred and continue to occur in this judicial
`
`district. Growmark, therefore, has sufficient minimum contacts with this jurisdiction, and as
`
`such, it would be reasonable to require Growmark to defend a lawsuit brought in this
`
`Commonwealth.
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and 1400
`
`because (i) a substantial part of the events giving rise to this declaratory judgment occurred in
`
`this judicial district; (ii) Franklin Square has a principal place of business in this district; and (iii)
`
`Growmark does business in this district.
`
`2
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 3 of 27
`
`Franklin Square and its Intellectual Property
`
`FACTUAL BACKGROUND
`
`8.
`
`Franklin Square is an independent asset management firm that provides access to
`
`alternative sources of income and growth historically available only to large institutions and the
`
`wealthiest individuals by managing a growing suite of funds and other investment product
`
`offerings, including, but not limited to closed-end and open-end funds, business development
`
`companies and a real estate investment trust, all designed to help individuals and institutions
`
`achieve a variety of financial goals. =cR_\]Z_ IbfRcVrd WZ_R_TZR] R_U Z_gVde^V_e ac‘UfTed R_U
`
`dVcgZTVd UVdTcZSVU Z_ eYZd aRcRXcRaY RcV T‘]]VTeZgV]j cVWVccVU e‘ YVcVZ_ Rd eYV pFranklin Square
`
`Asset Management Servicesq)
`
`9.
`
`Since 2009, Franklin Square has adopted and used numerous marks comprising
`
`p=I @EL<IJD<EJIq R_U*‘c ‘h_d _f^Vc‘fd K)I) ecRUV^Rc\ cVXZdecReZ‘_d T‘^acZdZ_X p=I
`
`@EL<IJD<EJIq W‘c fdV Z_ T‘__VTeZ‘_ hZeY the Franklin Square Asset Management Services
`
`(collectively the FS INVESTMENTS® Marks).
`
`10.
`
`Franklin Square has used the FS INVESTMENTS® Marks in connection with the
`
`Franklin Square Asset Management Services R_U eYV WVUVcR] cVXZdecReZ‘_d ‘W =cR_\]Z_ IbfRcVrd
`
`=I @EL<IJD<EJIn DRc\d VgZUV_TVd =cR_\]Z_ IbfRcVrd ViT]fdZgV cZXYe e‘ fdV the FS
`
`INVESTMENTS® Marks in connection with these registered services, including but not limited
`
`to, providing financing, asset management, and investment services in International Class 36.
`
`11.
`
`Franklin Square owns U.S. Trademark Registration No. 4,723,056 for FS
`
`@EL<IJD<EJI W‘c p[i]nvestment of funds for others; management of investment of funds for
`
`others; investment management services; Business Development Company funding services to
`
`3
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 4 of 27
`
`small and mid-sized businesses; Business Development Company services, namely, providing
`
`financing to small and mid-sized businesses; Business Development Company fund
`
`management; Business Development Company financing; mutual fund brokerage, distribution,
`
`investment; investment administration, distribution, and management of mutual funds; financial
`
`portfolio and investment management; investment advisory services; investment consultation;
`
`financial asset management; stock brokerage services; fund investment consultation; funds
`
`Z_gVde^V_e6 RddVe R]]‘TReZ‘_ dVcgZTVdq Z_ International Class 36 and first used this mark in
`
`commerce on May 30, 2009.
`
`12.
`
`Franklin Square owns U.S. Trademark Registration No. 4,989,475 for FS
`
`INVESTMENTS and Design
`
`W‘c p[i]nvestment of funds for others; management
`
`of investment of funds for others; investment management services; Business Development
`
`Company funding services to small and mid-sized businesses; Business Development Company
`
`services, namely, providing financing to small and mid-sized businesses; Business Development
`
`Company fund management; Business Development Company financing; mutual fund
`
`brokerage, distribution, investment; investment administration, distribution, and management of
`
`mutual funds; financial portfolio and investment management; investment advisory services;
`
`investment consultation; financial asset management; stock brokerage services; fund investment
`
`T‘_df]eReZ‘_6 Wf_Ud Z_gVde^V_e6 RddVe R]]‘TReZ‘_ dVcgZTVdq Z_ International Class 36 and first used
`
`this mark in commerce on January 26, 2016.
`
`13.
`
`Franklin Square owns U.S. Trademark Registration No. 5,102,059 for FS
`
`@EL<IJD<EJ IFCKJ@FEI W‘c p[i]nvestment of funds for others; management of investment
`
`of funds for others; investment management services; Business Development Company funding
`4
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 5 of 27
`
`services to small and mid-sized businesses; Business Development Company services, namely,
`
`providing financing to small and mid-sized businesses; Business Development Company fund
`
`management; Business Development Company financing; mutual fund brokerage, distribution,
`
`investment; investment administration, distribution, and management of mutual funds; financial
`
`portfolio and investment management; investment advisory services; investment consultation;
`
`financial asset management; stock brokerage services; fund investment consultation; funds
`
`investment; asset allocation services; financial services, namely, broker/dealer services on
`
`securities exchanges and over-the-T‘f_eVc ^Rc\Vedq Z_ International Class 36 and first used this
`
`mark in commerce on August 16, 2016.
`
`14.
`
`=cR_\]Z_ IbfRcVrd =I @EL<IJD<EJIn DRc\d RcV dec‘_X R_U Z_herently
`
`distinctive. Since 2009, Franklin Square has expanded its use of and registrations for its FS
`
`INVESTMENTS® Marks and the FS INVESTMENTS® Marks have developed invaluable
`
`goodwill and reputation within the asset management industry as a source designator of Franklin
`
`IbfRcVrd 8ddVe Danagement Services.
`
`15.
`
`=cR_\]Z_ IbfRcVrd =I @EL<IJD<EJIn DRc\d YRgV SVT‘^V hV]]-known
`
`throughout the asset management industry. Through its widespread, continuous, and exclusive
`
`use of the FS INVESTMENTS® Marks to identify the Franklin Square Asset Management
`
`Services, Franklin Square owns valid and subsisting federal statutory and common law rights to
`
`the FS INVESTMENTS® Marks.
`
`16.
`
`Franklin Square has expended substantial time, money, and resources marketing,
`
`advertising, and promoting its asset management services under the FS INVESTMENTS®
`
`Marks.
`
`5
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 6 of 27
`
`17.
`
`The market success of the Franklin Square Asset Management Services offered
`
`under the FS INVESTMENTS® Marks has been extraordinary, and the relevant public has come
`
`to rely upon and recognize the Franklin Square Asset Management Services by Franklin
`
`IbfRcVrd =I @EL<IJD<EJIn DRc\d)
`
`Growmark and its Intellectual Property
`
`18.
`
`Growmark is a regional cooperative providing agriculture-related products and
`
`services, as well as grain marketing in the United States and Ontario, Canada. Crop inputs and
`
`energy-related services are also marketed to farmers in the northeastern United States and by
`
`Growmark subsidiaries. Growmark uses the Growmark FS Marks for goods and services related
`
`to agriculture, including fertilizers, fuel, propane, private label crop protection products,
`
`proprietary brands of corn and soybean seeds, grain marketing, commercial construction,
`
`logistics, and electronic payment services. >c‘h^Rc\rd RXcZTf]efcV-related goods/services
`
`described Z_ eYZd aRcRXcRaY RcV T‘]]VTeZgV]j cVWVccVU e‘ YVcVZ_ Rd eYV p>c‘h^Rc\ >‘‘Ud R_U
`
`Services)q
`
`19.
`
`Growmark owns U.S. Trademark Registration No. 5,121,266 for FS and Design
`
`W‘c p[p]aints, varnishes, lacquers, and preservatives against rust and against
`
`deterioration of wood in the nature of a coating in Class 2; rinsing preparations, namely, fluids
`
`for cleaning agricultural chemical storage tanks in Class 3; Gasoline; tractor fuel; diesel fuel;
`
`liquefied petroleum gas; industrial grease; industrial lubricants; furnace and stove fuel oils;
`
`lubricating oils and greases for vehicles; propane; biodiesel fuels; ethanol blended fuels; soy-
`
`based fuels; alcohol blended fuels; metalworking fluids, namely, lubricants; hydraulic oils;
`
`engine oils; compressor oils; concrete form oil; vacuum pump oil; white oil, namely, mineral oils
`6
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 7 of 27
`
`for use in the manufacture of other products; special purpose industrial lubricants; gear lubricants
`
`in Class 4; Seeds for agricultural purposes, namely, corn seed, field seed, grain seeds; soybean
`
`seed; agricultural seed in Class 31; Wholesale and retail distributorships featuring agricultural
`
`products, materials and supplies to farmers; retail convenience store services; business consulting
`
`services in the agricultural field; agricultural cooperative services, namely, cooperative
`
`advertising and marketing services and distributorship services in the field of agricultural
`
`products, materials and supplies; Fuel management consulting services, namely, providing
`
`recommendations for fuel selection and usage in Class 35; Financial services, namely, banking
`
`services in Class 36; Grain storage; bulk transportation, storage and delivery of goods in Class
`
`39; Agricultural research; agricultural testing and analysis for determining soil nutrients and
`
`composition, soil sampling, crop mapping and crop observation in Class 42; and Agricultural
`
`consulting services; turf consulting services, namely, providing recommendations for plant and
`
`soil nutrition supplements, providing advice on the selection and application of agricultural
`
`chemicals and seed, and providing advice about application of agricultural chemicals and the use
`
`and application of crop protection products, agricultural chemicals and agricultural seed in Class
`
`//)q
`
`20.
`
`Growmark owns U.S. Trademark Registration No. 5,360,625 for FS for
`
`pPWQVceZ]ZkVcd6 RU[fgR_ed R_U dfcWRTeR_ed fdVU Z_ RXc‘_‘^ZT Raa]ZTReZ‘_d’ _R^V]j’ W‘c fdV Z_
`
`connection with agricultural chemicals; brake fluid; transmission fluids; power steering fluids;
`
`diesel exhaust fluids; quenching fluids for use in metalworking; propylene glycol; antifreeze;
`
`coolants; power fluids, power steering fluid for vehicles; metalworking fluids, namely, coolants;
`
`Chemical additive fluids for fuel treatment to improve vehicle performance and fuel efficiency in
`
`Class 1; Paints, varnishes, lacquers, and preservatives against rust and against deterioration of
`
`7
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 8 of 27
`
`wood in the nature of a coating; stoddard solvent, namely, mineral spirits for use as a paint
`
`thinner in Class 2; Cleaning, polishing, scouring, abrasive preparations; rinsing preparations,
`
`namely, fluids for cleaning agricultural chemical storage tanks in Class 3; Seeds for agricultural
`
`purposes, namely, corn seed, field seed, grain seeds; soybean seed; agricultural seed in Class 31;
`
`Wholesale and retail distributorships featuring agricultural products, materials and supplies to
`
`farmers; retail convenience store services; business consulting services in the agricultural field;
`
`agricultural cooperative services, namely, cooperative advertising and marketing services and
`
`distributorship services in the field of agricultural products, materials and supplies; Fuel
`
`management consulting services, namely, providing recommendations for fuel selection and
`
`usage in Class 35; Financial services, namely, banking services in Class 36; Grain storage; bulk
`
`transportation, storage and delivery of goods in Class 39; Agricultural research; agricultural
`
`testing and analysis for determining soil nutrients and composition, soil sampling, crop mapping
`
`and crop observation in Class 42; and Agricultural consulting services; turf consulting services,
`
`namely, providing recommendations for plant and soil nutrition supplements, providing advice
`
`on the selection and application of agricultural chemicals and seed, and providing advice about
`
`application of agricultural chemicals and the use and application of crop protection products,
`
`RXcZTf]efcR] TYV^ZTR]d R_U RXcZTf]efcR] dVVU Z_ :]Rdd //)q
`
`21.
`
`Growmark owns U.S. Trademark Registration No. 2,371,319 for FS AGRI-
`
`FINANCE for p[f]inancial services, namV]j’ ac‘gZUZ_X ]‘R_d e‘ WRc^Vcdq Z_ :]Rdd .1)
`
`22.
`
`Growmark owns pending U.S. Trademark Application No. 88/241,512 for FS and
`
`pending U.S. Trademark Application No. 88/688,731 for
`
` for p;‘h_]‘RURS]V
`
`computer e-commerce software to allow users to perform electronic business transactions via
`8
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 9 of 27
`
`mobile devices and local and global computer networks; downloadable computer software
`
`applications to assist agricultural professionals with the inspection, research, data collection and
`
`analysis, spectral sampling, and information on crop health and precision agriculture methods
`
`and technology; downloadable computer software applications for agricultural, automotive,
`
`energy, and industrial uses, namely, for use in data collection, aggregation, analysis,
`
`georeferencing, management, reporting, warehousing, employment recruiting, financial analysis,
`
`event logistics, order entry, payments, product selection and use, and publication distribution;
`
`downloadable computer software applications to assist with product selection in the automotive,
`
`energy, fuel, grease, lubricant, and oil sectors; downloadable computer software for budgeting,
`
`forecasting, consolidation of financial data and financial reporting, for use in financial reporting
`
`or analysis; downloadable computer software for creating searchable databases of information
`
`and data; downloadable computer software for monitoring the operation of mechanized
`
`agricultural equipment during agricultural operations; downloadable computer software for the
`
`collection, editing, organizing, modifying, transmission, storage and sharing of data and
`
`information; downloadable computer software, namely, electronic financial software that
`
`accommodates multiple types of payment and debt transactions in an integrated mobile device
`
`and web based environment; downloadable computer software that provides business
`
`management intelligence by combining information from various databases and presenting it in
`
`an easy-to-understand user interface; downloadable mobile applications for accessing, planning,
`
`and managing information for use in the fields of agriculture, agronomy, automotive, energy,
`
`horticulture, and industrial equipment; downloadable mobile applications for recording field and
`
`crop observations related to pest pressure, tracking field conditions with GPS-enabled maps, and
`
`generating crop scouting reports; downloadable computer software for use by customers to
`
`9
`
`

`

`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 10 of 27
`
`manage data relating to farm inputs, costs, and crop yield results; decision support systems in the
`
`nature of computer hardware and software for use in data collection, aggregation, analysis,
`
`georeferencing, management, reporting, warehousing, employment recruiting, financial analysis,
`
`event logistics, order entry, payments, product selection and use, and publication distribution in
`
`the field of precision agriculture and variable rate technology; decision support systems in the
`
`nature of computer hardware and software for use in data collection, aggregation, analysis,
`
`georeferencing, management, reporting, warehousing, employment recruiting, financial analysis,
`
`event logistics, order entry, payments, product selection and use, and publication distribution in
`
`the fields of agriculture, agronomy, automotive, energy, horticulture, and industrial equipment;
`
`simulators for driving and control of vehicles and farm equipment; software applications for use
`
`with mobile phones, tablet computers, mobile telecommunication devices, and personal
`
`computers, namely, software for assisting agricultural professionals with the inspection, research,
`
`data collection and analysis, spectral sampling, and information on crop health and precision
`
`agriculture methods and technology; software for accessing, planning, and managing information
`
`for use in the fields of agriculture, agronomy, automotive, energy, horticulture, and industrial
`
`VbfZa^V_eq Z_ :]Rdd 4 R_U ‘h_d aV_UZ_X K)I) 8aa]ZTReZ‘_ E‘) 33*-/,’0,/ and pending U.S.
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`Application No. 88/691,069 for
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`W‘c pAgricultural mapping services; agricultural
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`services, namely, providing temporary use of non-downloadable computer software applications
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`for use with mobile phones, tablet computers, mobile telecommunication devices, and personal
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`computers, namely, software for assisting agricultural professionals with the inspection, research,
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`data collection and analysis, spectral sampling, and information on crop health and precision
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`agriculture methods and technology; agricultural testing for seeds, crop protection products, and
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`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 11 of 27
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`fertilizer; analyzing and evaluating agricultural fertilizer and nutrients; analyzing and evaluating
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`nitrogen in soil; application service provider (ASP) featuring e-commerce software for use as a
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`payment gateway that authorizes processing of credit cards or direct payments for merchants;
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`application service provider, namely, hosting, managing, developing, and maintaining
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`applications, software, and web sites, in the fields of wireless communication, mobile
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`information access, and remote data management for wireless delivery of content to handheld
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`computers, laptops and mobile electronic devices; applied scientific research in the fields of
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`agriculture, agronomy, farming and crop yields; cloud computing featuring software for use in
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`farm information management; cloud computing featuring software for use in farm information
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`management to provide statistics and graphical analysis of crop production, costs, and health;
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`cloud computing featuring software used to provide financial analysis of a farm; cloud
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`computing featuring software used to provide feedback from precision agriculture machinery,
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`equipment, and devices; computer services, namely, acting as an application service provider in
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`the field of information management to host computer application software for the purpose of
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`ecommerce transaction processing, and information and data collection, editing, organizing,
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`modifying, transmission, storage, and sharing; computer services, namely, providing a website
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`featuring temporary use of non-downloadable computer software for collecting, analyzing, and
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`providing data and information regarding electronic payment transactions; computer software
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`design, computer programming, and maintenance of computer software; computer software
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`development, computer programming, and maintenance of computer software for precision
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`agriculture programs; providing temporary use of non-downloadable computer software for use
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`in issuing and providing receipts for others for electronic payments and payment transactions;
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`computer graphics design services, namely, creating of 3-D computer models; database design
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`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 12 of 27
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`and development; electronic data storage; farm product input services, namely, agricultural
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`testing for determining soil nutrients and composition; field scouting services, namely, observing
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`and inspecting agriculture fields to identify problems associated with weeds, insects, and
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`diseases; mapping and surveying services for precision farming by means of the application and
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`utilization of technologies and agronomic principles to manage spatial and temporal variability
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`associated with all aspects of agricultural production using satellite imagery, GPS mapping, soil
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`mapping, variable rate technologies, geospatial tools, and yield monitoring for improving the
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`control and management of crops and increasing yields; providing temporary use of non-
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`downloadable electronic financial software that accommodates multiple types of payment and
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`debt transactions in an integrated mobile device and web based environment; providing
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`temporary use of nondownloadable software for accessing, planning, and managing information
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`for use in the fields of agriculture, agronomy, automotive, energy, horticulture, and industrial
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`equipment; providing temporary use of non-downloadable software for budgeting, forecasting,
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`and consolidation of financial data and financial reporting, and for use in financial reporting and
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`analysis; providing temporary use of non-downloadable software for recording field and crop
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`observations related to pest pressure, for tracking field conditions with GPS-enabled maps, and
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`for generating crop scouting reports; providing temporary use of non-downloadable software that
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`provides business management intelligence by combining information from various databases
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`and presenting it in an easy-to-understand user interface; providing temporary use of non-
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`downloadable software for agricultural, automotive, energy, and industrial uses, namely, for use
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`in data collection, aggregation, analysis, georeferencing, management, reporting, warehousing,
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`employment recruiting, financial analysis, event logistics, order entry, payments, product
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`selection and use, and publication distribution; providing temporary use of non-downloadable
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`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 13 of 27
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`software applications to assist with product selection in the automotive, energy, fuel, grease,
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`lubricant, and oil sectors; platform as a service (PAAS) featuring computer software platforms
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`for agricultural fertilizer and nutrient monitoring and management in soil; platform as a service
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`(PAAS) featuring computer software platforms for inventorying, tracking, and verifying plant
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`available nitrogen in soil; platform as a service (PAAS) featuring computer software platforms
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`for nitrogen monitoring and management in soil; professional consulting services about
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`agricultural chemistry and fertility plans; providing a website featuring agricultural research
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`information in the fields of agronomy, farming, and crop yields; providing a website featuring
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`agricultural research information in the fields of biology, ecology, organisms, biosystematics,
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`environment, biological control, entomology, mycology, and bacteriology; providing a website
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`featuring technology that allows users to access, plan, and manage information in the fields of
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`agriculture, agronomy, automotive, energy, horticulture, and industrial equipment; providing an
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`interactive web site featuring technology that enables users to enter, access, track, manage,
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`monitor, and generate information and reports regarding sales of products and services;
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`providing an online non-downloadable internet based system in the nature of software
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`applications featuring technology enabling users to access, plan, and manage information for use
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`in the fields of agriculture, agronomy, automotive, energy, horticulture, and industrial
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`equipment; providing information for farmers in the fields of agricultural and crop research;
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`providing scientific information in the fields of agricultural research, agronomy, farming, crop
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`yields, environmentalism, conservationism, biological diversity, global climate change,
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`environmental sustainability, sustainable consumption, natural resource preservation, endangered
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`species, sustainable business practices, environmental issues, soil sampling, crop observing,
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`genetics, plant varieties, seeds, farming practices, harvesting, chemistry, crop production, crop
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`Case 2:20-cv-04987 Document 1 Filed 10/08/20 Page 14 of 27
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`costs, and crop health; providing nondownloadable software applications featuring technology
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`enabling users to access, plan, and manage information for use in the fields of agriculture,
`