Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1088119
`
`Filing date:
`
`10/12/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner Information
`
`Name
`
`Entity
`
`Address
`
`Correspondence
`information
`
`Yancey Home Improvements, Inc.
`
`Corporation
`
`Citizenship
`
`California
`
`8250 ALPINE AVE.
`SUITE D
`SACRAMENTO, CA 95826
`UNITED STATES
`
`AUDREY A. MILLEMANN
`ATTORNEY FOR PETITIONER
`WEINTRAUB TOBIN
`400 CAPITOL MALL
`11TH FLOOR
`SACRAMENTO, CA 95814
`UNITED STATES
`Primary Email: amillemann@weintraub.com
`Secondary Email(s): nburton@weintraub.com, trademarks@weintraub.com
`916-558-6033
`
`Registration Subject to Cancellation
`
`Registration No.
`
`5093797
`
`Registration date
`
`12/06/2016
`
`Registrant
`
`GUDGEL ROOFING INC
`5321 84TH STREET
`SACTAMENTO, CA 95826
`UNITED STATES
`
`Goods/Services Subject to Cancellation
`
`Class 037. First Use: 1987/01/01 First Use In Commerce: 1987/01/01
`All goods and services in the class are subject to cancellation, namely: Roofing contracting; Roofing
`installation; Roofing repair; Roofing services
`
`Grounds for Cancellation
`
`The mark is primarily merely a surname
`
`Trademark Act Sections 14(1) and 2(e)(4)
`
`Abandonment
`
`Fraud on the USPTO
`
`Trademark Act Section 14(3)
`
`Trademark Act Section 14(3); In re Bose Corp.,
`580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir.
`2009)
`
`

`

`Attachments
`
`Petition_to_Cancel.pdf(171925 bytes )
`Exhibits.pdf(3842874 bytes )
`
`Signature
`
`/Audrey A. Millemann/
`
`Name
`
`Date
`
`Audrey A. Millemann
`
`10/12/2020
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In re Registration No. 5093797
`Mark: YANCEY ROOFING
`Registration Date: December 6, 2016
`
`
`
`Yancey Home Improvements, Inc.,
`
`Petitioner,
`
`
`
`
`
`
`
`
`
`
` Cancellation No. __________
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`
`
`
`
`
`
`
`
`Gudgel Roofing, Inc.,
`
`
`
`
`
`
`
`v.
`
` Registrant.
`
`
`
`PETITION FOR CANCELLATION
`
`
`
`Petitioner Yancey Home Improvements, Inc. (“Petitioner” or “Yancey Home
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`Improvements”), a California corporation having a principal place of business at 8250
`
`Alpine Ave., Suite D, Sacramento, CA 95826, believes that it is being and will continue
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`to be damaged by the continued registration of Registration No. 5093797 for the mark
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`YANCEY ROOFING, and hereby petitions to cancel the registration pursuant to 15
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`U.S.C. §1064. As grounds for cancellation, Petitioner asserts as follows:
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`1.
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`To the best of Petitioner’s knowledge, the current owner of Registration
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`No. 5093797 for the mark YANCEY ROOFING (“Registered Mark”) is Gudgel Roofing,
`{3014883.DOCX;}
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`Inc. (“Registrant”), a California corporation having an address of 5321 84th Street,
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`Sacramento, CA 95826. Registrant filed its trademark application for the mark
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`YANCEY ROOFING on November 28, 2015 for “roofing contracting; roofing
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`installation; roofing repair; and roofing services” in International Class 37, later alleging
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`a date of first use in commerce of January 1, 1987. The Registered Mark was registered
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`on December 6, 2016.
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`2.
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`Petitioner is in the business of providing roofing goods and services in the
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`Sacramento, California area. Petitioner’s president and owner is Thomas Grayson
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`Yancey (“Thomas Yancey”).
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`3.
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`Thomas Yancey’s grandfather, Joel Yancey, founded Yancey Company in
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`about 1939, naming the company after his last name. Yancey Company was in the
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`business of providing roofing goods and services and home improvement goods and
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`services in the Sacramento, California area. Yancey Company has continuously been in
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`business since 1939 and is in business today providing home improvement goods and
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`services. Yancey Company has used the mark YANCEY COMPANY since about 1939
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`to indicate the source of its goods and services. In about 1989, Thomas Yancey’s mother,
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`Robin E. Yancey, who is Joel Yancey’s daughter, became president of Yancey Company.
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`
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`4.
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`Thomas’s Yancey’s uncle, who is Joel Yancey’s son, has the identical full
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`name as Thomas Yancey. For clarity, the uncle is referred to herein as “Tom Yancey”
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`and Petitioner’s president is referred to herein as “Thomas Yancey,” although both
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`Thomas Yancey and Tom Yancey usually use the name “Tom Yancey.” In about
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`November 1988, Tom Yancey formed a California corporation called “Tom Yancey
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`{3014883.DOCX;}
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`Company,” obtained a California’s contractor’s license, and began doing business in the
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`Sacramento, California area providing roofing goods and services and home
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`improvement goods and services. Petitioner is informed and believes that Tom Yancey
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`Company has used the mark TOM YANCEY COMPANY from about November 1988 to
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`the present, as well as other marks using the Yancey name, to indicate the source of its
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`roofing goods and services.
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`5.
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`Petitioner is informed and believes that in about November 1988, one of
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`Yancey Company’s employees, Janet Gudgel, formed a California corporation called
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`“Gudgel Roofing, Inc.,” the Registrant in this action. Petitioner is informed and believes
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`that Gudgel Roofing, Inc. obtained a California contractor’s license in about 1988.
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`6.
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`Petitioner is informed and believes that in about August 1989, Janet Gudgel
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`formed a California corporation called “Yancey Roofing, Inc.” Petitioner is informed
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`and believes that Yancey Roofing, Inc. obtained a California contractor’s license in about
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`1990.
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`7.
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` Petitioner is informed and believes that in about December 1988, Gudgel
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`Roofing, Inc. obtained certain rights from Yancey Company to use the name “Yancey
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`Roofing.” On February 1, 1990, Yancey Company and Gudgel Roofing, Inc. entered into
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`a written agreement for Yancey Company to sell the trade name “Yancey Roofing” to
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`Gudgel Roofing, Inc.
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`8.
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`Petitioner is informed and believes that in about 1989-1990, Gudgel
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`Roofing, Inc. began doing business in the Sacramento, California area, providing
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`commercial, and some residential, roofing services.
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`{3014883.DOCX;}
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`9.
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`In about December 1996, Thomas Yancey and his brother Ty Yancey
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`formed a California corporation called “Yancey Bros.,” obtained a California contractor’s
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`license, and began doing business in the Sacramento, California area providing
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`residential roofing goods and services and home improvement goods and services.
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`Yancey Bros. used the marks YANCEY BROS. and YANCEY BROTHERS
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`continuously from about 1996 to 2009 to indicate the source of its roofing goods and
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`services. Attached hereto as Exhibit A is an advertisement of Yancey Bros. from about
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`1998 showing its YANCEY BROS. mark in use.
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`10. According to its own statement, in 2001, Gudgel Roofing, Inc. began using
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`the mark GUDGEL YANCEY ROOFING in connection with its roofing business. On its
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`website, yanceyroofing.com, the mark GUDGEL YANCEY ROOFING is prominently
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`displayed at the top of every page. On the “About Us” page, there is a full-page letter
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`entitled “Sacramento’s Premier Roofing & Contractor” signed by Jan Gudgel, president.
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`Ms. Gudgel states: “Since there is more than one company with the name ‘Yancey’
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`operating in the Sacramento area, we often hear this question. So I thought I’d take a few
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`moments to set the record straight.” Ms. Gudgel then explains that the name of her
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`business is Gudgel Yancey Roofing because the Yancey name is used by several Yancey
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`family members in connection with their roofing businesses in the Sacramento, CA area.
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`Petitioner is informed and believes that Ms. Gudgel’s letter was posted on the website in
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`about 2001, and that the letter has been continuously on the website since then. Attached
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`hereto is Exhibit B is a screenshot of the letter.
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`{3014883.DOCX;}
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`11. Petitioner is informed and believes that Gudgel Roofing, Inc. has used the
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`mark GUDGEL YANCEY ROOFING since at least as early as 1989 and up to the
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`present to indicate the source of its roofing goods and services, and has not used
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`YANCEY ROOFING since at least as early as 1989. Attached hereto is Exhibit C are
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`Gudgel Roofing, Inc.’s advertisements from 1989, 1990, 1991, and 2007, its letterhead
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`from 2001, a photo of its 2016 trade show booth, and photos of its rucks in 2020, all
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`showing the mark GUDGEL YANCEY ROOFING in use.
`
`
`
`12. Petitioner is informed and believes that on about September 30, 2003, Janet
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`Gudgel and Richard Gudgel, as the sole directors of Yancey Roofing, Inc., signed a
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`Certificate of Dissolution of Yancey Roofing, Inc., stating that “the corporation has been
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`completely wound up,” and that on about June 28, 2004, the Certificate of Dissolution
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`was filed in the office of the California Secretary of State.
`
`
`
`13.
`
`In 2009, Thomas Yancey formed a California corporation called “Yancey
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`Home Improvements, Inc.” (Petitioner) and, having a contractor’s license, began doing
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`business in the Sacramento, California area providing residential roofing goods and
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`services and home improvement goods and services. Yancey Home Improvements, Inc.
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`has continuously used the mark YANCEY HOME IMPROVEMENTS to indicate the
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`source of its roofing goods and services from about 2009 to the present. Attached hereto
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`as Exhibit D is an advertisement of Yancey Home Improvements, Inc. showing its
`
`YANCEY HOME IMPROVEMENTS mark in use.
`
`
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`14. On about July 2, 2009, Gudgel Roofing, Inc., through its counsel, sent a
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`cease and desist letter to Petitioner demanding that Petitioner stop using its mark
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`{3014883.DOCX;}
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`YANCEY HOME IMPROVEMENTS in connection with roofing goods and services,
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`alleging that Petitioner was committing trademark infringement in violation of the federal
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`Lanham Act. The letter is attached hereto Exhibit E. The letter states that
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` Gudgel Roofing, Inc. is “doing business as Gudgel Yancey Roofing, Inc.” and has
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`been using the name “Gudgel Yancey Roofing” since 2001.
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` Janet Gudgel purchased the rights to use “Yancey Roofing” from Yancey
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`Company in 1988, and “since that time has used ‘Yancey Roofing’ to denote the
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`roofing services provided by her company.”
`
`
`
`if Petitioner does not stop using YANCEY HOME IMPROVEMENTS, Gudgel
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`Roofing, Inc. will file suit.
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`The letter attaches a purported example of Gudgel Roofing, Inc.’s use of its mark, but the
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`example is letterhead with the name “Gudgel Yancey Roofing Inc.”
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`
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`15. On about August 10, 2009, Petitioner, through its counsel, sent a letter to
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`Gudgel Roofing, Inc.’s counsel in response to the cease and desist letter of July 2, 2009.
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`The letter is attached hereto as Exhibit F. The letter states, among others, that:
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` Gudgel Roofing, Inc. had conceded that “YANCEY ROOFING” lacked secondary
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`meaning and was a weak mark when they added “Gudgel” to the “Yancey
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`Roofing” name and in using “Gudgel Yancey Roofing” since 2001.
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` Janet Gudgel’s letter on Gudgel Roofing, Inc’s website which explains why the
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`business is named Gudgel Yancey Roofing and discusses the other businesses
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`using the Yancey name in roofing is evidence of the weakness of the mark.
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`{3014883.DOCX;}
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` Gudgel Roofing, Inc. had coexisted in the marketplace for roofing services with
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`other users of the Yancey name, without any alleged confusion: the YANCEY
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`COMPANY mark for decades and the YANCEY BROS. mark for over 10 years.
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`16. Gudgel Roofing, Inc. did not respond to Petitioner’s counsel’s August 10,
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`2009 letter.
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`17.
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` On about September 28, 2015, Gudgel Roofing, Inc. filed a federal
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`trademark application, serial number 86771373, for the mark YANCEY ROOFING for
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`“roofing contracting; roofing installation; roofing repair; and roofing services” in
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`International Class 37. Gudgel Roofing, Inc. filed several specimens with the
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`application, including two Yellow Pages advertisements showing the mark
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`GUDGEL/YANCEY ROOFING, one of which has a small circular ribbon certificate
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`design that contains the words “Yancey Roofing, Inc., Sacramento, CA 62nd Anniversary
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`1939-2000.” Other than the small ribbon certificate design (which Petitioner is informed
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`and believes Gudgel Roofing, Inc. used in an attempt to trade on Yancey Company’s 62
`
`years of goodwill), the application contains no specimens showing Gudgel Roofing,
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`Inc.’s use in commerce of the YANCEY ROOFING mark. In addition to the two Yellow
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`Pages advertisements, Gudgel Roofing, Inc. filed other documents which were created by
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`third parties.
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`18. On January 20, 2016, the United States Patent and Trademark Office issued
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`an office action refusing Gudgel Roofing, Inc’s application to register YANCEY
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`ROOFING on the grounds that the YANCEY ROOFING mark was primarily merely a
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`surname, pursuant to 15 U.S.C. §1052(e)(4).
`{3014883.DOCX;}
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`19. On July 18, 2016, Gudgel Roofing, Inc. filed a response to the office action,
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`alleging a date of first use in commerce of January 1, 1987. In the response, Gudgel
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`Roofing, Inc. argued that the YANCEY ROOFING mark had acquired distinctiveness
`
`under 15 U.S.C. §1052(f) because it had been in “substantially exclusive and continuous
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`use in commerce” for at least the preceding five years. In support of the response to the
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`office action, Gudgel Roofing, Inc. filed the declaration under oath of Jason Gudgel, an
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`officer of Gudgel Roofing, Inc. In his declaration, Mr. Gudgel states: (1) Gudgel
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`Roofing, Inc. has had “substantially exclusive and continuous use in commerce” for at
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`least the preceding five years; (2) “Yancey Roofing was a company that was started in
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`1938…”; and (3) “Yancey Roofing is an established company…and has built goodwill
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`for over 80 years.” Petitioner is informed and believes that these statements are false.
`
`The truth is: (1) Gudgel Roofing, Inc. had not had “substantially exclusive” use of the
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`mark YANCEY ROOFING for the preceding five years (2011-2016) because the name
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`Yancey was used continuously during that time by other roofing businesses owned by
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`Yancey family members, including Petitioner with its mark YANCEY HOME
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`IMPROVEMENTS and by Tom Yancey Company with its mark TOM YANCEY
`
`COMPANY; (2) Yancey Roofing was not a company started in 1938, but was formed
`
`and incorporated in 1989; and (3) Yancey Roofing was not a company that had built
`
`goodwill for more than 80 years as it had only been formed and incorporated in 1989.
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`Petitioner is also informed and believes that the alleged date of first use in commerce of
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`January 1, 1987 was false. The response filed by Gudgel Roofing, Inc. also attached the
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`same specimens that had been attached to the trademark application. Petitioner is
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`{3014883.DOCX;}
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`informed and believes that the only specimen referring to YANCEY ROOFING, the
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`ribbon certificate design, was not current and that Gudgel Roofing, Inc. was not actually
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`using the YANCEY ROOFING mark in commerce.
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`20. On December 6, 2016, pursuant to §1052(f), the PTO issued a registration
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`number 5093797 to Gudgel Roofing, Inc. for the mark YANCEY ROOFING, with a
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`disclaimer of the word “roofing.”
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`21. On August 7, 2020, Gudgel Roofing, Inc., through its counsel, sent a
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`second cease and desist letter to Petitioner demanding that Petitioner stop using its mark
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`YANCEY HOME IMPROVEMENTS in connection with roofing goods and services,
`
`alleging that Petitioner is committing trademark infringement in violation of the federal
`
`Lanham Act. The letter is attached hereto Exhibit G.
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`22. Petitioner is and will be damaged by the continued registration of the
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`Registered Mark. Registrant has alleged that Petitioner’s use of its YANCEY HOME
`
`IMPROVEMENTS mark infringes the Registered Mark in violation of the federal
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`Lanham Act. Registrant has demanded that Petitioner cease use of its YANCEY HOME
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`IMPROVEMENTS mark and has stated that Registrant will file suit in federal court if
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`Petitioner continues its use. Petitioner has spent substantial amounts of money investing
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`in its mark and has developed significant goodwill in the mark.
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`/
`
`/
`
`/
`
`/
`
`{3014883.DOCX;}
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`First Basis for Cancellation – Primarily a Surname
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` 23.
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` Petitioner incorporates paragraphs 1-22 by reference and realleges each
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`and every allegation set forth therein.
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`24. The Registered Mark is primarily merely a surname, and therefore is not
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`registrable pursuant to 15 U.S.C. §1052(e)(4). In the office action dated January 20,
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`2016, the PTO determined that YANCEY was a surname as it is listed in surname
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`databases and is the surname of the person who founded Yancey Company from whom
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`Gudgel Roofing, Inc. purchased the rights to the trade name “Yancey Roofing.” The
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`office action states that the applicant may seek to overcome the refusal by showing that
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`the mark had acquired distinctiveness under 15 U.S.C. §1052(f), including by submitting
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`a verified statement of “substantially exclusive and continuous use” of the mark in
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`commerce for the preceding five years.
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` 25. In its response to the office action filed on July 18, 2016, Gudgel Roofing,
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`Inc. submitted a declaration under oath of its officer Jason Gudgel, stating that Gudgel
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`Roofing, Inc. had “substantially exclusive and continuous use” of the mark YANCEY
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`ROOFING in commerce for in at least the preceding five years. Petitioner is informed
`
`and believes that this statement was false at the time it was made. The truth was that the
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`name Yancey had been used continuously during that time in commerce in connection
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`with roofing services by Petitioner with its mark YANCEY HOME IMPROVEMENTS
`
`and with roofing services by Tom Yancey Company with its mark TOM YANCEY
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`COMPANY.
`
`{3014883.DOCX;}
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`26.
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`Petitioner is informed and believes that Gudgel Roofing, Inc. has not used
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`the mark YANCEY ROOFING since at least as early as 1989, and that the mark was not
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`in “substantially exclusive and continuous use” for the five years preceding the response
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`to the office action.
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`27. The PTO issued a registration to Gudgel Roofing, Inc. for the YANCEY
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`ROOFING mark on December 6, 2016 pursuant to 15 U.S.C. §1052(f) on the basis that
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`Gudgel Roofing, Inc.’s verified statement of “substantially exclusive and continuous use”
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`of the mark for the preceding five years had satisfied the requirement of acquired
`
`distinctiveness. In registering the mark, the PTO relied on the statement of
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`“substantially exclusive and continuous use” made by Gudgel Roofing, Inc. and Jason
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`Gudgel. Because, as Petitioner is informed and believes, the statement was false, the
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`requirement of acquired distinctiveness was not met, and the refusal under 15 U.S.C.
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`§1052(e)(4) was not overcome. The YANCEY ROOFING mark was primarily merely a
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`surname and should not have been registered.
`
`
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`28. For the reasons set forth above, Registrant’s Mark, Registration No.
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`5093797, is causing and will cause damage to Petitioner, and Registrant is not entitled to
`
`the continued registration of the Registered Mark. The Registered Mark should be
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`cancelled pursuant to 15 U.S.C. §1064(1) on the grounds that it cannot be registered as it
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`is primarily merely a surname pursuant to 15 U.S.C. §1052(e)(4).
`
`/
`
`/
`
`/
`
`{3014883.DOCX;}
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`Second Basis for Cancellation – Fraud
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`29. Petitioner incorporates paragraphs 1-28 by reference and realleges each and
`
`every allegation set forth therein.
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`30. In its response to the office action filed on January 20, 2016, Gudgel
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`Roofing, Inc. filed the declaration under oath of Jason Gudgel. Petitioner is informed and
`
`believes that the declaration contained material statements that were false at the time they
`
`were made, including that: (1) the YANCEY ROOFING mark had been in “substantially
`
`exclusive and continuous use” by Gudgel Roofing, Inc. for the preceding five years; (2)
`
`Yancey Roofing was a company that was started in 1938; and (3) Yancey Roofing was a
`
`company that had built goodwill for over 80 years. Petitioner is informed and believes
`
`that Gudgel Roofing, Inc. and Jason Gudgel knew that these statements were false at the
`
`time of statements were made.
`
`31.
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`Petitioner is informed and believes that the truth is that: (1) the name
`
`Yancey had been used continuously during that time in commerce in connection with
`
`roofing services by Petitioner with its mark YANCEY HOME IMPROVEMENTS and
`
`with roofing services by Tom Yancey Company with its mark TOM YANCEY
`
`COMPANY; (2) Yancey Roofing was not a company that was started in 1938, but was
`
`formed and incorporated in 1989; and (3) Yancey Roofing was not a company that had
`
`built goodwill for over 80 years, as it did not exist until 1989.
`
`32.
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` Petitioner is further informed and believes that Gudgel Roofing, Inc. and
`
`Jason Gudgel knew that the only specimen that they had filed that referred to the mark
`
`YANCEY ROOFING (the Yellow Pages ad with the ribbon certificate design which they
`
`{3014883.DOCX;}
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`had filed with the application on September 28, 2015 and again on July 18, 2016 in
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`response to the office action), was not a current specimen showing use of the YANCEY
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`ROOFING mark, and in fact, that Gudgel Roofing, Inc. was not using the YANCEY
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`ROOFING mark in commerce and had not used it since at least as early as 1991.
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`33.
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`Petitioner is informed and believes that the PTO relied on Gudgel Roofing,
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`Inc.’s and Jason Gudgel’s material false statements in registering the YANCEY
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`ROOFING mark on the grounds of acquired distinctiveness under 15 U.S.C. §1052(f).
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`The PTO would not have registered the mark absent Gudgel Roofing, Inc.’s and Jason
`
`Gudgel’s false statements because, without those statements, the mark was not registrable
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`on the grounds it was primarily merely a surname.
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`34.
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`Petitioner is informed and believes that the PTO also relied upon the
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`specimen of use in commerce filed by Gudgel Roofing, Inc. in registering the YANCEY
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`ROOFING mark. The PTO would not have registered the mark without a specimen
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`showing the mark in use in commerce. Because, as Petitioner is informed and believes,
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`Gudgel Roofing, Inc. had not used the mark in commerce since at least as early as 1989,
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`(or in 2001 according to Gudgel Roofing, Inc.’s statement), which was 26 or 14 years
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`before Gudgel Roofing, Inc. filed its trademark application in 2015, the specimen was not
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`a true and proper specimen and the PTO should not have registered the mark.
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`35.
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`For the reasons set forth above, Registrant’s Mark, Registration No.
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`5093797, is causing and will cause damage to Petitioner, and Registrant is not entitled to
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`the continued registration of the Registered Mark. The Registered Mark should be
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`cancelled pursuant to 15 U.S.C. §1064(3) on the grounds it was procured by fraud.
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`Third Basis for Cancellation – Abandonment
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`36.
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`Petitioner incorporates paragraphs 1-35 by reference and realleges each and
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`every allegation set forth therein.
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`37.
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`Petitioner is informed and believes that Registrant has abandoned the
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`Registered Mark as it is not currently using the YANCEY ROOFING mark in commerce
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`in connection with roofing services. Petitioner is informed and believes that in 2001 and
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`2009, Registrant stated that it was using the mark GUDGEL YANCEY ROOFING in
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`connection with its roofing services. On Registrant’s website, the mark GUDGEL
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`YANCEY ROOFING is prominently displayed on every page, and there is a full-page
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`letter explaining that the name of the business is “Gudgel Yancey Roofing.” Petitioner is
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`informed and believes that Registrant has used and is using the mark GUDGEL
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`YANCEY ROOFING instead of YANCEY ROOFING in commerce in connection with
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`its roofing services. Petitioner is informed and believes that Registrant has not used
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`YANCEY ROOFING in commerce in connection with its roofing services since at least
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`early as 1989.
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`38.
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`Petitioner is informed and believes that Registrant has not used the
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`Registered Mark for at least the last three years and lacks a bona fide intention to resume
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`use of the Registered Mark, constituting prima facie evidence of abandonment pursuant
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`to 15 U.S.C. §1127.
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`39.
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`For the reasons set forth above, Registrant’s Mark, Registration No.
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`5093797, is causing and will cause damage to Petitioner, and Registrant is not entitled to
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`the continued registration of the Registered Mark. The Registered Mark should be
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`cancelled pursuant to 15 U.S.C. §§1064(3) and 1127 on the grounds that it has been
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`abandoned by Registrant.
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`WHEREFORE, Petitioner prays that this petition be granted and that Registration
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`No. 5093797 be cancelled pursuant to 15 U.S.C. section 1064, subsections (1) and (3).
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`Dated: October 12, 2020
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`Respectfully submitted,
`WEINTRAUB TOBIN
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`/Audrey A. Millemann/
`Audrey A. Millemann
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`400 Capitol Mall, 11th Floor
`Sacramento, CA 95814
`916-558-6033
`Attorneys for Petitioner
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing PETITION FOR
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`CANCELLATION was served, via overnight courier, on Registrant Gudgel Roofing, Inc.
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`at the following address:
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`Gudgel Roofing, Inc.
`Attention: Mr. Jason Gudgel
`5321 84th Street
`Sacramento, CA 95826
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`With copy to:
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`Mr. Craig A. Simmermon
`Attorney at Law
`3017 Douglas Blvd., Suite 300
`Roseville, CA 95661
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`October 12, 2020
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`/Tonii Alejandrez/
`Tonii Alejandrez
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`{3014883.DOCX;}
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`• •
`
`ExhibitA
`X 1 It
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`• •
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`ExhibitB
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`

`10/8/2020
`
`Gudgel Yancey Roofing ~ About Us
`
`REQUEST A FREE ESTIMATE
`
`Call 916-387-6900
`
`~ D~~}Ls ~~ YA~(;~
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`I~Ui) i~ !RG 1NC.
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`MENU
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`SACRAMENTO'S PREMIER ROOFING &CONTRACTOR
`
`Since there is more than one company with the name "Yancey'' operating in the Sacramento area, we
`
`often hear this question. So I thought I'd take a few moments to set the record straight.
`
`Almost forty years ago (on November 5, 1962, to be exact) I went to work for Yancey Company as
`
`the company receptionist. Mr. Joel Yancey, founder and President of Yancey Company was at the
`
`helm. Mr. Clarence Hester was Vice President and General Manager. (Mr. Hester left Yancey in early
`
`1 970s to establish Hester Roofing.)
`
`Over the years I climbed the "corporate ladder," and in 1982 was appointed Vice President and
`
`Controller. I continued that position through some very sad and hard times, watching a company
`
`established in 1939 begin to fall. In 1986, for a number of reasons, the Company filed for protection
`
`under Chapter 11. But by the Fall of 1988 it was quite evident that even under Chapter 11 protection
`
`the Company could not continue.
`
`https://www.yanceyroofing.com/about-g udgel-yancey-roofing/
`
`1 /4
`
`

`

`10/8/2020
`
`Gudgel Yancey Roofing ~ About Us
`
`M r. Yancey approached me at that time and said, "Jan, why don't you buy out the Roofing Division,
`
`since that is the division you are the most familiar with?" I was now 48 years old and scared to death.
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`had grown up at Yancey Company for the past 26 years, and had nowhere else to go. (Who was
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`going to hire a 48 year old woman who expected to earn what I had worked myself up to at Yancey
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`Company? The simple answer was "no one"!)
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`went home that evening and discussed the proposition with my husband, Richard (who by the way
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`is my biggest fan). His reply: "Jan, there is no doubt in my mind that you can make it. You have done
`
`this for the last 26 years for Yancey Company, you can do it for yourself."
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`After a lot of negotiation (and anyone who has ever negotiated with Joel Yancey knows exactly what
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`mean) I agreed to purchase the trade name Yancey Roofing. In December 1988, I opened our now
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`new Company. Yancey Roofing. During the negotiations it was understood that the "Original Yancey
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`Company" was going to close their doors. His son, Tom Yancey, was to open his new business as
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`"The Tom Yancey Home Improvement Company" and just do home improvements, and I was to do
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`roofing only.
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`As time went on, this was not the case. Today the marketplace is so confused by this Yancey name
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`that the most frequently asked question we hear is: "Now tell me, which Yancey are you?"
`
`Very much to the contrary of my understanding when I purchased the trade name Yancey, the Yancey
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`Company is in business and is operated by Jael Yancey's daughter Robin. Robin has two sons and is
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`now in the roofing and home improvement market place as `'Yancey BROS". The Son Tom Yancey
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`has a company, "The Tom Yancey Company''.
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`Now, are you confused? You should be!!! Much to my disappointment, after paying in excess of six
`
`figures for the trade name Yancey, I had to dilute the well-known name and add Gudgel to clarify or
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`separate us from the rest of the Yancey's. Now you now why we became Gudgel/Yancey Roofing Inc.
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`hope this helps to clarify the situation. If you have any other questions, please feel free to contact
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`me personally. And thank you for considering Gudgel/Yancey as your roofing contractor.
`
`Best Regards,
`
`https://www.yanceyroofing.com/about-gudgel-yancey-roofing/
`
`2/4
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`10/8/2020
`
`Gudgel Yancey Roofing ~ About Us
`
`Jan Gudgel, President
`
`COMMERCIAL /LANDMARK JOBS
`
`SMUD
`
`FRESNO YOSEMITE INTL
`
`MCDONALDS
`
`AIRPORT
`
`VERIZON
`
`CAMP PENDLETON WEST
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`WALGREENS
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`UC DAVIS CASTILIAN HALL
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`FOLSOM PALLADIO MOVIE FOLSOM CHEVROLET
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`THEATER
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`CALIFORNIA DEPT OF FISH A&B
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`LA BORGATA AT SERRANO
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`COST PLUS WORLD
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`MARKET
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`REQUEST A FREE ESTIMATE
`
`Yaur Name
`
`Your Best Email
`
`https://www.yanceyroofing.com/about-gudgel-yancey-roofing/
`
`3/4
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`10/8/2020
`
`Gudgel Yancey Roofing ~ About Us
`
`Your Phone Number
`
`Address
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`City
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`Zip Code
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`State
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`v
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`Privacy -Terms
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`Description Of Work
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`~ New construction
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`Q Gutters
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`Maintenance &Service
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`~ E~~~C~°
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`HOME ABOUT US COMMERICAL ROOFING RESIDENTIAL ROOFING CONTACT US
`
`Gudge) Yancey Roofing Inc.
`5321 84th Street
`Sacramento, CA95826
`
`CA Contractor's License CSLB # 589559
`
`O 2020 All Rights Reserved
`
`https://www.yanceyroofing.com/about-gudgel-yancey-roofing/
`
`4/4
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`

`

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