Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1276794
`
`Filing date:
`
`04/06/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92077469
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Abante, LLC
`
`JAMES E SHLESINGER
`FRESH IP PLC
`2560 HUNTINGTON AVENUE, SUITE 402
`ALEXANDRIA, VA 22303
`UNITED STATES
`Primary email: jim@freship.com
`Secondary email(s): nitasantiago@freship.com
`703-684-5600
`
`Other Motions/Submissions
`
`James E. Shlesinger
`
`jim@freship.com, nitasantiago@freship.com
`
`/jes/
`
`04/06/2023
`
`RESPONSE TO MOTION FOR SUMMARY JUDGMENT.pdf(379853 bytes )
`EXHIBIT 1 Cover Page.pdf(29466 bytes )
`Declaration of Cassandra Duncan.pdf(205297 bytes )
`EXHIBIT 2 Cover Page.pdf(29573 bytes )
`DECLARATION OF MONICA BROHOLM.pdf(68635 bytes )
`EXHIBIT 3 Cover Page.pdf(29604 bytes )
`DECLARATION OF KAPRI TERRY.pdf(61591 bytes )
`EXHIBIT 4 Cover Page.pdf(29472 bytes )
`DECLARATION OF VICKIE WILLIS.pdf(975937 bytes )
`EXHIBIT 5 Cover Page.pdf(29643 bytes )
`DECLARATION OF THURMOND MILES.pdf(285893 bytes )
`EXHIBIT B Cover Page.pdf(29260 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit B Pages 1-7.pdf(5458295
`bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit B Pages 8-13.pdf(4765871
`bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit B Pages 14-19.pdf(4198986
`bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit B Pages 20-23.pdf(2499024
`bytes )
`EXHIBIT C Cover Page.pdf(29622 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit C.pdf(5637511 bytes )
`EXHIBIT E Cover Page.pdf(29249 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit E.pdf(1063766 bytes )
`EXHIBIT G Cover Page.pdf(29704 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit G 1.pdf(798456 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit G 2.pdf(689195 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit G 3.pdf(1365066 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit G 4.pdf(517811 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit G 5.pdf(530026 bytes )
`ABANTE Declaration of Cassandra Duncan Exhibit G 6.pdf(1300894 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`GALDERMA S.A.
`
`Petitioner,
`
`Vv.
`
`:
`
`Cancellation No. 92077469
`
`ABANTE, LLC,
`
`Registrant.
`
`REGISTRANT’ S RESPONSE TO MOTION FOR SUMMARY JUDGMENT
`
`Registrant, ABANTE, LLC,
`
`(hereinafter “Registrant”),
`
`pursuant to Rule 56(c) of the Federal Rules of Civil Procedure,
`
`responds to the Summary Judgment motion presented in this
`
`Cancellation proceeding.
`
`Petitioner’s submission is devoid of evidence of
`
`abandonment,
`
`fraud, or nonuse of Registrant’s trademark.
`
`The
`
`evidence proves that Registrant has used the mark, ABANTE,
`
`consistently and continuously since 2015 on all of the named
`
`goods in its registration. And, at the time of the filing of
`
`the trademark application for the registration,
`
`the evidence
`
`proves that the ABANTE mark was in use on all of the goods
`
`designated in the application for registration. There is an
`
`absence of admissible evidence to support the movant’s claims.
`
`

`

`Cancellation No. 92077469
`
`Registrant has used the mark, ABANTE, on all of the
`
`goods named in the registration consistently and continuously
`
`since 2015.
`
`See Declarations of Cassandra Duncan, Monica
`
`Broholm, Kapri Terry, Vickie Willis and Thurmond Miles
`
`accompanying this response. Registrant has submitted evidence
`
`of consistent and continuous use of its mark well prior to its
`
`filing date for its registration.
`
`See Declaration of Cassandra
`
`Duncan with accompanying Exhibits attached to this response.
`
`Petitioner is by no means able to show abandonment of the ABANTE
`
`mark for any three-year period commencing from the application
`
`filing date because there has never been an abandonment of the
`
`ABANTE mark for any period of time. Nor can Petitioner show
`
`non-use of the mark by Registrant at the time of the filing of
`
`
`the application for registration. The unrefuted evidence is that
`
`Registrant has offered for sale and sold all of the goods listed
`
`in its registration under the ABANTE trademark prior to filing
`
`its application for registration, and that Registrant continues
`
`to offer for sale all of the goods listed in its registration.
`
`For abandonment, Petitioner has the burden to show that
`
`Registrant discontinued use of the ABANTE mark, and that
`
`Registrant had no intent to resume use. Registrant has never
`
`discontinued its use of the ABANTE mark. Therefore,
`
`there has
`
`never been an opportunity or need for Registrant to resume use.
`
`

`

`Cancellation No. 92077469
`
`While Registrant’s sales may be limited, “[T]here is also no
`
`rule of law that the owner of a trademark must reach a
`
`particular level of success, measured by either the size of the
`
`market or by its own level of sales,
`
`to avoid abandoning a
`
`mark.”
`
` Person’s Co., Ltd.
`
`v. Catherine Christman, 14 USPQ 2d
`
`1477 (Fed. Cir. 1990).
`
`Here,
`
`the Petitioner is unable to show any period of
`
`non-use of the Registrant’s mark since the first use of the mark
`
`by Registrant
`
`in 2015. Registrant’s continuous use of its mark
`
`is represented by several declarants, each stating that
`
`Registrant’s mark has been continuously used since 2015:
`
`1. Declaration of Cassandra Duncan, and accompanying
`
`Exhibits A through J;
`
`2. Declaration of Monica Broholm;
`
`3. Declaration of Kapri Terry;
`
`4. Declaration of Vickie Willis;
`
`5. Declaration of Thurmond Miles.
`
`Petitioner bases its Motion on a declaration from Petitioner’s
`
`lead counsel as to purported Wayback Machine results that
`
`counsel appears to have had no part in preparing, and on
`
`Registrant’s responses to written discovery made of record.
`
`

`

`Cancellation No. 92077469
`
`In response to written interrogatories served during
`
`the period for discovery in this proceeding, Registrant provided
`
`details of initial sales of Registrant’s products in 2015, and
`
`an approximation of sales of goods, and the volume of units sold
`
`by year and state for each named product.
`
`See, Registrant’s
`
`Supplemental Responses to Petitioner’s Interrogatories Nos. 2,3,
`
`5, 9, and 11 as limited by Order dated November 30, 2022;
`
`Verification of Responses including Responses dated May 23,
`
`2022, and June 14, 2022, attached to movant’s motion as Exhibit
`
`G to the Declaration of Melanie Miller...(FILED UNDER SEAL). 33
`
`TTABVUE.
`
`See also,
`
`
`the attached Declaration of Cassandra Duncan
`
`In Accordance with 37 C.F.R. 2.20, Paragraph No. 7, and Exhibit
`
`4
`
`(Confidential). Although no sales receipts were presented,
`
`the breakdown of sales is based on the review by the declarant
`
`of supply,
`
`inventory, and purchase, and the volume of units
`
`sold.
`
`Through the Declaration of Cassandra Duncan and other
`
`Declarations made a part of this filing, Petitioner is unable to
`
`establish a prima facie case of abandonment by showing proof of
`
`nonuse for three consecutive years. This burden of persuasion
`
`remains with Petitioner in that it must prove abandonment by a
`
`preponderance of the evidence. On-Line Careline,
`
`Inc. v.
`
`America Online, Inc., 56 USPQ 2d 1471 (Fed. Cir. 2000). Despite
`
`

`

`Cancellation No. 92077469
`
`exhaustive discovery imposed on the Registrant by the Petitioner
`
`during the discovery phase of this proceeding, and despite
`
`Petitioner’s full access to Registrant’s business for the
`
`purpose of inspection and copying of documents available for
`
`inspection,
`
`the Petitioner is not able to rebut the presumption
`
`of validity that attaches to the Registrant’s mark. Nor can
`
`Petitioner challenge the persistent use by Registrant of its
`
`ABANTE mark. That Registrant is unable to provide sales
`
`receipts at present isn’t a ground for shifting the burden of
`
`proof. Also, Registrant’s use of its mark cannot be deemed de
`
`minimus.
`
`The Federal Circuit has repeatedly refused to adopt a
`
`de minimus test for the use in commerce requirement. Christian
`
`Faith Fellowship Church v. Adidas AG, 120 USPQ 2d 1640 (Fed.
`
`Cir. 2016. Abandonment requires complete cessation or
`
`discontinuance of trademark use, and even minor or sporadic good
`
`faith uses of a mark will defeat an abandonment claim. Electro
`
`Source, LLC v. Brandess-Kalt-Aetna Group, Inc., 80 USPQ 2d 1161
`
`(9t8 Cir. 2006).
`
`“In fact, sales are “not the sine qua non of trademark use.”
`Blue Bell, Inc. v Farah Mfg. Co., Inc., 505 F.2d 1260,1267 (5%
`Cir. 1975).
`So considering the Lanham Act’s requirements and
`the mere prevalent view that even minor good-faith use can
`forestall abandonment, de minimus sales and sporadic use alone
`are not enough to warrant a conclusion that Mr. Perry has not
`made “use” of the mark in a way that qualifies as “use” under
`the Lanham Act.”
`
`

`

`Cancellation No. 92077469
`
`Perry v. H.J. Heinz Company Brands, L.L.C., 994 F. 3d 466 (5*
`
`Cir. 2021).
`
`Petitioner references alleged Wayback Machine analysis
`
`for its belief that Registrant hasn’t used its trademark. This
`
`evidence is wholly inadmissible. First, Melanie Miller,
`
`lead
`
`counsel for Petitioner,
`
`is not a qualified witness who can
`
`testify as to the exhibit’s origins, or with the ability to
`
`explain the record keeping system of the Wayback Machine
`
`organization and vouch that the requirements were met. Also,
`
`the Fifth Circuit has ruled that documents from Wayback Machine
`
`are not appropriate for judicial notice, citing the Wayback
`
`Machine’s terms of use which disclaim any guarantees of accuracy
`
`regarding content stored there.
`
`See Weinhoffer v. Davie
`
`Shoring, Incorporated, 23 F. 4th 579 (5t8 Cir. 2022), citing Ward
`
`v. American Airlines, Inc., 2020 WL 8300505 [slip copy]
`
`(ND Tex.
`
`Oct 16, 2020). Third, and no less important, Petitioner’s
`
`analysis is directed to periods in time in which Registrant used
`
`other domains for its social media presence.
`
`Based on the above,
`
`the motion to cancel the
`
`registration on grounds of abandonment and non-use must be
`
`denied.
`
`On the issue of fraud, it is clear that the party
`
`seeking it carries a heavy burden of proof. W.D. Byron & Sons,
`
`

`

`Cancellation No. 92077469
`
`Inc. v. Stein Bros. Mfg. Co., 153 USPQ 749 (CCPA 1967). ™“{T]he
`
`very nature of the charge of fraud requires that it be proven
`
`‘to the hilt’ with clear and convincing evidence. There is no
`
`room for speculation,
`
`inference or surmise, and obviously, any
`
`doubt must be resolved against the charging party.”
`
`Smith
`
`International,
`
`Inc. v. Olin Corporation, 209 USPQ 1033 (TTAB
`
`1981). Unless a party alleging fraud can point to clear and
`
`convincing evidence that supports drawing an inference of
`
`deceptive intent, it will not be entitled to judgment on a fraud
`
`claim.
`
`In re Bose Corp., 91 USPQ 2d 1938,1942 (Fed. Cir. 2009).
`
`Here,
`
`the evidence establishes that Registrant was using the
`
`ABANTE mark prior to the filing date of the application for
`
`registration on all of the goods identified in the registration,
`
`and that Registrant continued to use its mark on all of the
`
`goods named in the registration from its first use of the mark
`
`to the present, at least through the offer of sales of all of
`
`the goods identified under the ABANTE mark at Cassandra Duncan's
`
`home in Ellicott City, Maryland. Accordingly,
`
`the motion to
`
`cancel the registration on grounds of fraud must also be denied.
`
`Finally, not to be ignored are the Petitioner’s false
`
`statements, made in its memorandum in support of its motion,
`
`particularly, 1)
`
`that Registrant ignored a Board recommendation;
`
`2)
`
`that Registrant deliberately attempted to hide documents from
`
`

`

`Cancellation No. 92077469
`
`Petitioner; and 3)
`
`that Registrant failed to provide information
`
`available to it despite the Board’s recommendation.
`
`32 TTABVUE
`
`at 14. First,
`
`the Registrant has never attempted to hide
`
`anything from the Petitioner because there is simply nothing to
`
`hide.
`
`In fact, it is Petitioner hiding the fact that no
`
`investigation was made of Registrant before the filing of the
`
`Petition to Cancel the ABANTE registration.
`
`The Registrant
`
`opened its business to Petitioner for inspection during
`
`discovery as a means to avoid unnecessary discovery and
`
`countless email communications.
`
`Second, if there were Board
`
`recommendations made of the kind asserted by the Petitioner
`
`above,
`
`they were not made to Registrant during this proceeding,
`
`and certainly are not a part of the record for this proceeding.
`
`Petitioner’s Motion for Summary Judgment is devoid of
`
`proof. Petitioner had no basis to cancel the registration at
`
`the time it filed the Petition to Cancel, and it still has no
`
`basis. This is because Registrant has never abandoned its
`
`ABANTE mark, Registrant has never had a time period in which it
`
`did not use its ABANTE mark, and Registrant has never committed
`
`a fraud on the USPTO because Registrant was using its mark on
`
`all of the goods identified in the registration at the time the
`
`application was filed and continued to use the ABANTE trademark
`
`

`

`Cancellation No. 92077469
`
`thereafter on all of the goods identified in the registration.
`
`The Motion for Summary Judgment must be denied.
`
`
`Respectfully submitted,
`
`ABANTE, LLC
`
`By: Merg—
`
`"
`<
`
`2
`
`°
`
`c
`
`”
`
`Date: Cpab, 3033
`
`P
`
`-
`
`«
`
`jémes BE. Shlesinger
`Counsel for Registrant
`
`FRESH IP PLC
`2560 Huntington Avenue,
`Suite 402
`Alexandria, Virginia
`(703) 684-5600
`jim@freship.com
`nitasantiago@freship.com
`
`22303
`
`CERTIFICATE OF SERVICE
`
`this Registrant’s Response to
`is hereby certified that
`It
`Motion for Summary Judgement has been served upon Petitioner by
`emailing a copy thereof
`to Counsel
`for Petitioner, Camille M.
`Miller,
`COZEN O’CONNER,
`cmiller@cozen.com, mmiller@cozen.com,
`phipdocketng@cozen.com,
`ngonsalves@cozen.com,
`this
`6% day of
`April, 2023.
`
`By: Ca SVJa
`
`}
`
`‘
`
`E. Shlesinger
`
`

`

`
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`GALDERMA S.A.,
`
`Petitioner,
`
`Vv.
`
`:
`
`Cancellation No. 92077469
`
`ABANTE, LLC,
`
`Registrant.
`
`DECLARATION OF CASSANDRA DUNCAN
`
`IN ACCORDANCE WITH 37 C.F.R. 2.20
`
`1. My name is Cassandra Duncan.
`
`I am over the age of
`
`twenty-one years and fully competent to make this Declaration.
`
`I
`
`have personal knowledge of the facts stated in this Declaration
`
`and affirm them to be true and correct.
`
`2.
`
`I am currently employed as the founder, principal
`
`officer, and chief executive of the Registrant, Abante, LLC,
`
`in
`
`the above cancellation proceeding. Registrant is a manufacturer
`
`of skin and hair products identified by the ABANTE trademark and
`
`has been since inception and is currently doing business at my
`
`home,
`
`located at 11522 Fox River Drive, Ellicott City, Maryland
`
`21042.
`
`3.
`
`In 2015,
`
`I came up with the name, ABANTE,
`
`to identify
`
`with my skin and hair products. All of the ABANTE products
`
`identified in the ABANTE registration were developed by me.
`
`TI
`
`

`

`am a Registered Nurse who grew up on an Indian reservation.
`
`I
`
`
`come from a family of healers, midwives, and medicine women.
`
`Using my chemistry and nursing background,
`
`I advanced skin and
`
`hair products that are used by friends and family as well as
`
`licensed cosmetologists. All ABANTE products use natural, pure,
`
`unadulterated therapeutic grade ingredients. We have partnered
`
`with USDA certified organic vendors in manufacturing these high-
`
`quality products.
`
`I developed the formulas, recipes,
`
`ingredients, and measurements for my products from scratch.
`
`Attached are representative copies of my work on the products I
`
`developed beginning as early as 2012 -
`
`(HIGHLY CONFIDENTIAL
`
`Exhibit A).
`
`4. My first ABANTE sale took place in June 2015.
`
`It was for
`
`a duo hair and skin coco butter product under the ABANTE
`
`trademark. This multi-purpose product is used as a skin mask,
`
`body oil, body and face scrub, moisturizing cream, and hair gel.
`
`Also,
`
`in the summer of 2015, a healing salt scrub, Himalayan
`
`pink salt,
`
`layered lavender bath salt, and shaving cream were
`
`sold under the ABANTE trademark. Again,
`
`in the summer of 2015,
`
`shaving creams,
`
`shampoos, conditioners, pure and natural body
`
`oils, sugar exfoliants, healing scrubs,
`
`face to soul
`
`moisturizing creams, and duo hair and skin coco butter products
`
`identified by the ABANTE trademark were distributed for sale to
`
`a hairstylist and licensed cosmetologist
`
`in Ohio.
`
`

`

`5.
`
`The first ABANTE catalog was printed in 2016. Attached
`
`as Exhibit B is a true and accurate copy of the 2016 ABANTE
`
`catalog published in 2016. Variations of the catalog have been
`
`
`
`printed since the initial 2016 catalog. Attached as Exhibit C
`
`is a Product Description catalog. This catalog is currently in
`
`use.
`
`6.
`
`From 2016 to the present,
`
`I continued to bring my
`
`products to market.
`
`I sold products under the ABANTE mark from
`
`my minivan and would attend any flea market, church gathering or
`
`venue that would have me.
`
`In 2017,
`
`I attended a Shark Tank
`
`workshop to learn more about bringing my products to the
`
`marketplace and I attended workshops held by the Small Business
`
`Association (SBA). Also in 2017,
`
`I applied for a small business
`
`loan from SBA as a means to open a salon on South Broadway
`
`Street, Baltimore, Maryland.
`
`The salon would feature my ABANTE
`
`products, and also offer for sales within the salon said
`
`products under the ABANTE SPA name. Attached as Confidential
`
`Exhibit D are documents pertaining to this project.
`
`I also
`
`attach as Exhibit E, promotional material prepared in
`
`anticipation of the opening of the salon. Regrettably,
`
`just as
`
`I was at a point of seeing my salon become a reality, all of the
`
`time and effort spent on the project went to waste as the
`
`project was ground to a halt by the onset of the coronavirus
`
`pandemic.
`
`

`

`7.
`
`I sold, distributed, marketed, or provided for sale all
`
`goods identified in the registration for the ABANTE trademark
`
`except for shaving cream since at least as early as 2015 in
`
`Maryland, Illinois, and Nevada.
`
`I sold, distributed, marketed,
`
`or provided for sale all goods identified in the registration
`
`for the ABANTE trademark except for shaving cream since at least
`
`as early as 2016 in New York. An approximate breakdown of sales
`
`based on a review of supply,
`
`inventory, and purchase, and the
`
`volume of units sold was produced to the Petitioner during
`
`discovery and is attached as CONFIDENTIAL Exhibit F.
`
`8. Attached as Exhibit G, are representative product
`
`labels and products associated with ABANTE.
`
`9. Attached as Exhibit H,
`
`is a picture of my ABANTE
`
`products on display and sold at a flea market
`
`I subscribed to in
`
`June, 2019.
`
`10. Attached as CONFIDENTIAL Exhibit I, are representative
`
`copies of various communications, purchases of supplies,
`
`ingredients for products, and other materials used by me for
`
`making my ABANTE products beginning as early as 2012.
`
`ll. Attached as Exhibit J are representative pictures and
`
`labels of my ABANTE products before the filing of the trademark
`
`application for the ABANTE trademark, as well as social media
`
`posts pertaining to my ABANTE products for 2019 and 2020.
`
`12. Attached as Exhibit K are pictures taken at my home in
`
`

`

`Apt.
`
`0. ZUZ5
`
`FL. 25 AM
`
`No, US12
`
`Pe
`
`|
`
`2022 of my products and displays for my products,
`
`I have been
`
`selling ABANTE products from my home for all of the goods listed
`
`in the Registration for the mark continuously since 2016.
`
`I declare that all statements made herein of my own
`
`knowledge are true and all statements made on information and
`
`belief are believed to be true; and further that these
`
`statements are made with the knowledge that willful, false
`
`statements and the like so made are punishable by fine or
`
`imprisonment, or both, and that such willful false statements
`
`may jeopardize the validity of the application or document or
`
`any registration resulting therefrom.
`
`Dated: April 4, 2023
`
`ay. listlate thittin
`
`Cassandra Duncan
`
`

`

`
`
`
`
`
`
`
`
`
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`GALDBRMA 5S.A.,
`
`Vv.
`
`ABANTE, LLC,
`
`Petitioner,
`
`Registrant.
`
`:
`
`Cancellation No. 92077469
`
`DECLARATION OF MONICA BROHOLM
`IN ACCORDANCE WITH 37 C.F.R. 2.20
`
`1. My name is Monica Broholm.
`
`I reside at 11534 Fox
`
`River Drive, Ellicott City, MD 21042.
`
`I am a neighbor of
`
`Cassandra Duncan.
`
`I am over the age of twenty-one years and
`
`fully competent to make this Declaration.
`
`I have personal
`
`knowledge of the facts stated in this Declaration and affirm
`
`them to be true and correct.
`
`2.
`
`I am familiar with the skin and hair products
`
`identified by the ABANTE trademark. These products have been
`
`continuously offered for sale and sold by Cassandra Duncan,
`
`from
`
`her home,
`
`located at 11522 Fox River Drive, Ellicott City,
`
`Maryland 20142, since at least as early as 2015, and to the
`
`present.
`
`The ABANTE products that have been offered for sale
`
`and sold include, but are not limited to, shaving creams, pure
`
`natural body oils, sugar exfoliants, healing salt scrubs,
`
`face
`
`

`

`to shoulder moisturizing creams, and hair and skin duo products.
`
`I declare that all statements made herein of my own
`
`knowledge are true and all statements made on information and
`
`belief are believed to be true; and further that these
`
`statements are made with the knowledge that willful, false
`
`statements and the like so made are punishable by fine or
`
`imprisonment, or both, and that such willful false statements
`may jeopardize the validity of the application or document or
`
`any registration resulting therefrom.
`
`Dated: April ¥, 2023
`
`By: Nonira Sk {ruholin
`
`

`

`
`
`
`
`
`
`
`
`
`
`EXHIBIT 3
`EXHIBIT 3
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`GALDERMA S.A.,
`
`Petitioner,
`
`Vv.
`
`:
`
`Cancellation No. 92077469
`
`ABANTE, LLC,
`
`Registrant.
`
`DECLARATION OF KAPRI TERRY
`IN ACCORDANCE WITH 37 C.F.R. 2.20
`
`1. My name is Kapri Terry.
`
`I reside at 9043 Moving Water
`
`Lane, Columbia, MD 21046.
`
`I am over the age of
`
`twenty-one years and fully competent to make this Declaration.
`
`I
`
`have personal knowledge of the facts stated in this Declaration
`
`and affirm them to be true and correct.
`
`2.
`
`I am familiar with the skin and hair products
`
`identified by the ABANTE trademark. These products have been
`
`continuously offered for sale and sold by Cassandra Duncan,
`
`from
`
`her home,
`
`located at 11522 Fox River Drive, Ellicott City,
`
`Maryland 20142, since at least as early as 2015, and to the
`
`present.
`
`The ABANTE products that have been offered for sale and
`
`sold include, but are not
`
`limited to, shaving creams, pure
`
`natural body oils, sugar exfoliants, healing salt scrubs, face to
`
`

`

`shoulder moisturizing creams, and hair and skin duo products.
`
`I declare that all statements made herein of my own
`
`knowledge are true and all statements made on information and
`
`belief are believed to be true; and further that these statements
`
`are made with the knowledge that willful, false statements and
`
`the like so made are punishable by fine or imprisonment, or both,
`
`and that such willful false statements may jeopardize the
`
`validity of the application or document or any registration
`
`resulting therefrom.
`
`Dated: AprilY, 2023
`
`By:
`
`Hopes
`
`

`

`
`
`
`
`
`
`
`
`
`
`EXHIBIT 4
`EXHIBIT 4
`
`

`

`be
`
`INTHE UNITED STATES PATENT AND TRADEMARK orrires
` ““REPORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petitioner,
`
`Cancellation No, 920774 69
`
`Shaving creams,
`
`I reside at OM Little foges Kon
`am over the age of twenty-one years and fully
`I have personal knowledge
`tated in this Declaration and affirm them to be
`
`ECLARATION oF VICKIE WILLIS
`_ACCORDANCE WITH 37 C.F_R. 2.20
`
`Ellicott City,
`Ace at least 88 early as 2015, and ty the
`Products that have been
`Offered for Sale
`
`

`

`at
`
`these
`
`sieved to bo rues and further th
`|statements arefade with the knowledge th
`talse
`at willful,
`\30 Made are punishable by Cine or
`“ana that such wiilful false atatements
`oevalidity of the application or document or
`
`By: Cheha,“CXhlee
`
`

`

`
`
`
`
`
`
`
`
`
`
`EXHIBIT 5
`EXHIBIT 5
`
`

`

`
`
`PATENT AND TRADEMARK OFFICE
`IN _THE UNITED STATES
`
`
`GALDERMA S.A.,
`
`Petitioner,
`
`Vv.
`
`Cancellation No. 92077469
`
`ABANTE, LLC,
`
`5
`
`Registrant.
`
`['HURMOND
`
`
`IN ACCORDANCE WITH 37 C.F.R.
`
`2.20
`
`is ThurmondMiles. I reside at 2903 S heraton Sleeet
`a
`°
`My name
`Wer Sering M1am overthe age oftwenty-one years andfully competent to make this
`Declaration. I have personal knowledgeof thefacts stated in this Declaration and affirm them
`to be true and correct.
`2.
`I am familiar with the skin and hair products
`identified by the ABANTE trademark. These products have been
`continuously offered for sale and sold by Cassandra Duncan,
`from
`her home,
`located at 11522 Fox River Drive, Ellicott City,
`Maryland 20142, since at least as early as 2015, and to the
`present.
`The ABANTE products that have been offered for sale
`and sold include, but are not limited to, shaving creams, pure
`natural body oils, sugar exfoliants, healing salt scrubs,
`face
`to shoulder moisturizing creams, and hair and skin duo products.
`I declare that all statements made herein of my own knowledge
`are true and all statements made on information and belief are
`believed to be true; and further that these statements are made
`with the knowledge that willful, false statements and the like
`so made are punishable by fine or imprisonment, or both, and
`that such willful false statements may jeopardize the validity
`of the application or document or any registration resulting
`therefrom.
`]
`Dated: April 4, 2023
`
`By:
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`

`

`PROFESSIONAL SPA QUALITY PRODUCTS
`
`ALL NATURAL, ALL PURE, ALL ORGANIC
`
`% 4.
`
`Abante™ t
`
`Pure Amazing Skin TM
`
`Pureamazingskin.com
`
`

`

`AbanteM
`
`Pure Amazing Skin.
`
`PROFESSIONAL SPA QUALITY PRODUCTS
`
`tt
`
`4,1
`
`PURE AND
`
`HEALING
`
`ANTIOXIDENT
`
`SUGAR
`
`NATURAL
`
`SALT SCRUBS
`
`FACIALS
`
`BODY OILSTM
`
`Aromatherapy
`
`Infused
`
`Pure Plant Source
`
`$19.97-$39.95
`
`8oz. (235 ml)
`
`Therapeutic Grade
`
`Essential Oils Pure
`
`Plant, Source
`
`$43.95-$49.98
`
`15.5 oz. (457 ml)
`
`Available in 2oz travel
`
`Available in 4oz
`
`retail size
`
`MASQUES
`
`Pure Plant Source
`
`$43.95-$47.98
`
`1 oz. (30g)
`
`$35.00-$47.00
`
`EXFOLIANTS
`
`COFFEEINFUSED
`
`THERAPY SYSTEMI™
`
`Pure Plant Source
`
`$43.95-$47.98
`
`15.5 oz. (457 ml)
`
`Available in 4oz
`
`retail size
`
`PAGES 6-12
`
`PAGE 16-17
`
`PAGE 5
`
`PAGES 13-15
`
`2
`
`

`

`About Us
`
`AbanteTM uses all natural, pure, unadulterated therapeutic grade ingredients. We are partnered with
`vendors who are certified organic; each batch is tested for contents and purity. Our products are
`handcrafted and rigorously inspected for consistency and high quality. Large industrial companies
`provide suppliers with oils that are used for flavoring food and making perfumes. These oils are not
`capable of offering any therapeutic quality. Wild crafted essential oils come from plants that are not
`farmed or sprayed with any kind of pesticide. They are plants that are wild, native and organic by their
`own nature. Organic essential oils are grown on a farm. The farmers that grow organic plants are
`certified and operate by a standard, which translates into no harmful pesticides, fertilizers or GMO
`plants (genetically modified organisms) being used to enhance growth. When chemicals are added to
`plants, they degenerate and adulterate the plant and its healing ability. These oils cannot be
`therapeutic, especially the less expensive oils.
`
`About You
`
`You have the natural ability to restore your body, mind, and soul. The information provided in this
`catalog is for you to use to determine what you want for yourself. Imagine, what you put on your body
`goes into your body. Your Abante products are like nourishment so be thoughtful and consistent in
`caring for yourself, your skin is an amazing organic organ. Don't loose touch with your health and your
`natural gift to take care of others around you. Introduce others to our pure plant based products,
`meaning our ingredients come from flowers, seeds, leaves or some other #ving part of the plant. You
`are beautiful and with the right diet, rest, and use of essential oils and plant based products from the
`earth, you could have Pure Amazing Skin 1-M. Choose wisely and do not compromise yourself. Do your
`own research. Love your body and the skin that you are in and enjoy a pure amazing lifestyle.
`
`The Cherokee rose
`The path that the Cherokee Indians took from Georgia to Oklahoma was called the "Trail of Tears".
`These roses symbolized the rebirth and regeneration of the Cherokee nations themselves after
`such a tragedy. No better symbol exists of the pain and suffering than the Cherokee rose. The
`mothers of the Cherokee grieved so much that the chiefs prayed for a sign to lift the mother's spirits
`and give them strength to care for their children. From that day forward, a beautiful new flower, a
`rose, grew wherever a mother's tear fell to the ground. They are used ubiquitously on our labels and
`website. The rose is white, for the mother's tears. It has a gold center, for the gold taken from the
`Cherokee lands. Abante TM pledges to do no harm to the environment and to help the people who
`are suffering. Mainly to empower women with resources to take care of their children.
`AbanteGives.Org is a non-profit organization, and with affiliation with other non-profits AbanteGives
`TMby raising funds for carefully selected projects.
`
`The Cherokee Rose Foundation, LTD
`
`3
`
`

`

`Abante IM ..
`
`OUR PRODUCTS
`
`A TRIP TO THE SPA IS ONE OF THE MOST REJUVENATING EXPERIENCES. TREATING
`YOURSELF TO A MASSAGE OR FACIAL HELPS TO RESTORE YOUR BODY AND SOUL.
`
`TREAT YOURSELF TO LOOKING AND FEELING YOUR BEST.
`
`Abante ™ makes natural aromatic massage oils to achieve different effects during a massage, such as stress relief, muscle
`relaxation, or immune support. We give our clients the best products for maintaining beautiful healthy skin. Assist your
`patrons in selecting Abante PURE and NATURAL BODY OIL ™.This is an amazing blend of organic Borage, Olive, Coconut,
`Apricot, and Vitamin E oils that absorbs easily into the skin while giving the perfect slip to glide over the contours of the
`body. From what we have tested, the message oils do not stain sheets. This blend of deep, rich oils is our base for many of
`our products. Chosen fortheir beneficial properties to soften and hydrate the skin, the rich emulsions have the right density
`and absorption ability as carrier oils forour pure therapeutic grade massage oils.
`
`We offer many different essential oil infused possibilities for your patrons' pleasure. For a fresh natural nutty scent we
`suggest using the unscented PURE and NATURAL BODY OIL. For a light, gentle aroma, you can never go wrong with
`Lavender, It has been described as having a "velvety aroma," many customers are devotee users of lavender, carefully
`blended for its calming properties and pleasant scent of lavender. For those looking for a more revitalizing pick me up,
`Lemon lime and orange citrus boost has just the right amount of infusion of Ylang Ylang to give a hint of sweetness. Exotic
`Jasmine is perfect for date night, or girls' night out on the town. But if you're just
`looking to cozy up with a good book and a pot of Oolong, or a cup of Matcha tea, ,
`
`why not offerthe rich warm Vanilla infused PURE and NATURAL BODY OIL.
`
`We offer something for every mood or symptom. ROSE Vibrations,M is the ultimate
`classy and uncomplicated rose infused PURE and NATURAL BODY OIL. This oil has all
`kinds of goodness including JOJOBA, ALMOND, APRICOT, GRAPESEED, MACADAMIA,
`OLIVE, and ROSEHIP SEEDoils.
`
`Healing Eucalyptus with sage and Ylang Ylang. Eucalyptus is used for a range of
`medical conditions in traditional Chinese and Indian medicines. Eucalyptus oil also
`has antibacterial, anti-inflammatory and analgesic properties. Eucalyptus oil vapor
`acts as a decongestant when it is inhaled and is used to treat bronchitis.
`
`Our delicious super Sugar Exfoliants is to live for! Your clients will be carried away
`with the Ginger /ime infusion. The islands await you with the luxurious coconut
`infused with Vanilla absolute essential oil. For cellulite and antioxidants, the number ,
`one requested exfoliant is the coffee brown sugar scrub with the
`Coffee Infusion System TM. This system is not only helpful for cellulite, but for healthy skin in general.
`
`Matcha Green Tea Infusion™ non-invasive aesthetic treatments. Pure organic, antioxidant facial masque from green tea.
`
`Specifically, Abante will focus on women in their 30s, this group, which has a relatively high disposable income, is also the
`most open to new products and trends. Our products and brand visuals are created for them and all health conscious
`people everywhere regardless of age. Abante also has products for other age groups, such as its Anti-aging Moisturizer
`range for those in their 40