Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1264573
`02/07/2023
`
`Filing date:
`
`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
`
`Mercury One, Inc.
`Citizenship
`Corporation
`400 EAST ROYAL LANE, SUITE 110
`IRVING, TX 75039
`UNITED STATES
`
`Delaware
`
`Correspondence
`information
`
`D. SCOTT HEMINGWAY
`ATTORNEY OF RECORD FOR MERCURY ONE, INC.
`1700 PACIFIC AVENUE, SUITE 1820
`DALLAS, TX 75201
`UNITED STATES
`Primary email: shemingway@hh-iplaw.com
`Secondary email(s): ehartman@hh-iplaw.com, admin@hh-iplaw.com
`12142928301
`Registration subject to cancellation
`
`Registration no.
`Register
`Registrant
`
`6008523
`Principal
`HONEST HISTORY CO.
`1620 CENTINELA AVE 301B
`INGLEWOOD, CA 90302
`UNITED STATES
`
`Registration date
`
`03/10/2020
`
`Goods/services subject to cancellation
`
`Class 016. First Use: Aug 30, 2018 First Use In Commerce: Aug 30, 2018
`All goods and services in the class are subject to cancellation, namely: Educational magazines for
`children in the field of history
`
`Grounds for cancellation
`
`The mark is merely descriptive
`The mark is or has become generic
`Abandonment
`Failure to function as a mark
`The mark is not inherently distinctive and has not
`acquired distinctiveness
`
`Trademark Act Sections 14(1) and 2(e)(1)
`Trademark Act Section 14(3)
`Trademark Act Section 14(3)
`Trademark Act Sections 14(1) and 1,2 and 45
`Trademark Act Sections 14(1) and 1,2 and 45;
`and Section 2(f)
`
`Registration subject to cancellation
`
`

`

`Registration no.
`Register
`Registrant
`
`6504087
`Principal
`Honest History Co.
`1620 CENTINELA AVE 301B
`INGLEWOOD, CA 90302
`UNITED STATES
`
`Registration date
`
`09/28/2021
`
`Goods/services subject to cancellation
`
`Class 041. First Use: May 19, 2021 First Use In Commerce: May 19, 2021
`All goods and services in the class are subject to cancellation, namely: Educational services, namely,
`providing non-downloadable videos, courses of instruction, blogs, and audio recordings, in the fields
`of history and education for children; Providing courses of instruction in the field of history and educa-
`tion for children; Educational services, namely, developing curriculum for educators; Educational ser-
`vices, namely, developing curriculum for others in the field of history; Educational services, namely,
`developing curriculum for teachers
`
`Grounds for cancellation
`
`The mark is merely descriptive
`The mark is or has become generic
`Abandonment
`Failure to function as a mark
`The mark is not inherently distinctive and has not
`acquired distinctiveness
`
`Trademark Act Sections 14(1) and 2(e)(1)
`Trademark Act Section 14(3)
`Trademark Act Section 14(3)
`Trademark Act Sections 14(1) and 1,2 and 45
`Trademark Act Sections 14(1) and 1,2 and 45;
`and Section 2(f)
`
`Registration subject to cancellation
`
`Registration no.
`Register
`Registrant
`
`6504088
`Principal
`Honest History Co.
`1620 CENTINELA AVE 301B
`INGLEWOOD, CA 90302
`UNITED STATES
`
`Registration date
`
`09/28/2021
`
`Goods/services subject to cancellation
`
`Class 016. First Use: May 19, 2021 First Use In Commerce: May 19, 2021
`All goods and services in the class are subject to cancellation, namely: Educational publications,
`namely, printed workbooks, textbooks, activity books, teacher guides, manuals, posters, and educa-
`tional booklets in the fields of history and education for children
`
`Grounds for cancellation
`
`The mark is merely descriptive
`The mark is or has become generic
`Abandonment
`Failure to function as a mark
`The mark is not inherently distinctive and has not
`acquired distinctiveness
`
`Trademark Act Sections 14(1) and 2(e)(1)
`Trademark Act Section 14(3)
`Trademark Act Section 14(3)
`Trademark Act Sections 14(1) and 1,2 and 45
`Trademark Act Sections 14(1) and 1,2 and 45;
`and Section 2(f)
`
`

`

`Attachments
`
`02.07.23.Petition Cancellation.vfnl.pdf(584295 bytes )
`Exh 1 to 5.final.pdf(900914 bytes )
`Exh 6 to 10.final.pdf(3925814 bytes )
`Exh 11 to 12.6.final.pdf(1447841 bytes )
`Exh 13.1 to 13.3.final.pdf(6037653 bytes )
`Exh 13.4 to 13.5.final.pdf(3520569 bytes )
`Exh 13.6.final.pdf(3979570 bytes )
`Exh 13.7 to 13.9.final.pdf(4458447 bytes )
`Exh 13.10 to 13.11.final.pdf(3695272 bytes )
`Exh 13.12 to 13.14.final.pdf(3518087 bytes )
`Exh 13.15 to 13.18.final.pdf(4290777 bytes )
`Exh 13.19 to 13.20.final.pdf(3928767 bytes )
`Exh 13.21 to 13.22.final.pdf(2346402 bytes )
`
`Signature
`Name
`Date
`
`/D. Scott Hemingway/
`D. Scott Hemingway
`02/07/2023
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND
`APPEAL BOARD
`
`
`Cancellation No.: __________________
`
`
`In the matter of Registration No. 6,008,523; word mark HONEST HISTORY
`Filed: April 19, 2018, Registration Date: March 10, 2020
`
`In the matter of Registration No. 6,504,087; word mark HONEST HISTORY
`Filed: October 22, 2020, Registration Date: September 28, 2021
`
`In the matter of Registration No. 6,504,088; word mark HONEST HISTORY
`Filed: October 22, 2020, Registration Date: September 28, 2021
`
`
`
`
`Mercury One, Inc.,
` Petitioner,
`v.
`Honest History Co.,
` Respondent.
`
`
`
`PETITION FOR CANCELLATION
`
`Petitioner, Mercury One, Inc., a nonprofit charitable organization that engages in
`
`1.
`
`humanitarian aid campaigns, disaster relief efforts, and education initiatives, is incorporated in
`
`Delaware with a principal place of business in Irving, Texas.
`
`2.
`
`Petitioner is being or will be damaged by continued registration of the HONEST
`
`HISTORY word marks, U.S. Reg. Nos. 6008523, 6504087, and 6504088 (“Honest History
`
`Registrations”), owned by Respondent Honest History Co. (“Respondent”). Exhibits 1-3, Honest
`
`History Registrations.
`
`3.
`
`Accordingly, the Petitioner hereby petitions to cancel the Honest History Registrations.
`
`As grounds for the Petition for Cancellation, Mercury One, Inc. alleges as follows:
`
`I. Mercury One’s Standing to Petition to Cancel
`
`
`4.
`
`Under Trademark Act Section 14, 15 U.S.C. § 1064, “any person who believes that he is
`
`or will be damaged … by the registration of a mark on the principal register” may petition to cancel
`
`that registration. Petitioner seeks to cancel Respondent’s Honest History Registrations, and this
`
`cancellation request falls within the zone of interests protected by the Trademark Act.
`
`

`

`A. Petitioner Mercury One, Inc.
`
`Mercury One, Inc. (“Mercury One” or “Petitioner”) is a nonprofit charitable organization
`
`5.
`
`founded in 2011, and it conducts American history education and humanitarian aid initiative
`
`programs. As an example of one recent humanitarian aid initiative, Mercury One coordinated
`
`evacuation efforts of over 10,000 at-risk individuals from Afghanistan in the fall of 2021. Exhibit
`
`4, Decl. of Ms. Grishman, ¶2-4, p. 1-2.
`
`6.
`
`As another example of one of its initiatives, Mercury One formed an American Journey
`
`Experience (or AJE) educational initiative, which has collected over 160,000 historic documents
`
`and artifacts. Mercury One’s AJE initiative currently holds the largest privately-held collection
`
`of American history primary source documents and artifacts, such as: (1) a lock of George
`
`Washington’s hair (called Golden Rings); (2) 48 Star United States Flag flown on Ship at landing
`
`at D-Day, (3) Historic Holy Bible (valued at $150,000 to $165,000); (4) Force printing of
`
`Declaration of Independence, and (5) Silk Mourning Dress Worn By Mary Todd Lincoln. Exhibit
`
`4, Decl. of Ms. Grishman, ¶5- 15, 18, p. 2-6.
`
`7.
`
`Apart from operating a museum of such American history artifacts, Mercury One is making
`
`over 20,000 images of historical artifacts and documents electronically available by and through
`
`an on-line archive database. The archiving, uploading and photographing of these artifacts and
`
`documents began in early 2017 as part of this business plan to provide electronic access to these
`
`items, and continues to the present day. Exhibit 4, Decl. of Ms. Grishman, ¶5- 15, 18, p. 2-6.
`
`8.
`
`The words “honest” and “history” are well-known generic or descriptive terms defined in
`
`the dictionary, as shown below.
`
`
`
`2
`
`
`
`

`

`Exhibit 5, Dictionary Definitions, www.merriam-webster.com/dictionary/ (entries “honest” and
`
`“history”).
`
`9.
`
`When initially selecting a name (and domain name) for its archive website related to its
`
`American history artifact collection in 2017, Mercury One conducted survey analysis that
`
`indicated an archive name (and domain name) using the words “honest” and “history” was viewed
`
`favorably by survey respondents because those words describe the content or subject matter shown
`
`in primary source artifacts, which are an honest, accurate, and truthful record of American history.
`
`Exhibit 4, Decl. of Ms. Grishman, ¶7-12, p. 2-4.
`
`10. Without prior knowledge of Respondent’s registrations, Mercury One chose the domain
`
`name www.honesthistory.com and acquired the domain name rights to same on May 29, 2019 for
`
`use with its on-line archive database. Exhibit 4, Decl. of Ms. Grishman, ¶14-16, p. 4-5.
`
`11.
`
`Petitioner’s acquisition of the domain name occurred almost one year before the
`
`registration date of Respondent’s first Honest History word mark, and over two years before the
`
`registration date of the Respondent’s latter two Honest History word marks. Exhibit 4, Decl. of
`
`Ms. Grishman, ¶14-16, p. 4-5.
`
`B. Respondent Has Claimed, and Continues to Claim, That Petitioner Infringes the
`Honest History Registrations From Use of www.honesthistory.com Domain
`Name
`
`Two and one-half years after Petitioner acquired the www.honesthistory.com domain
`
`12.
`
`name, Respondent filed a Complaint with the WIPO Arbitration and Mediation Center on
`
`September 15, 2021 claiming superior rights to the Petitioner’s domain name. Exhibit 6, WIPO
`
`Domain Name Decision: D2021-3028, https://www.wipo.int/amc/en/domains/search/text.jsp?
`
`case=D2021-3028.
`
`13.
`
`In Respondent’s WIPO Complaint, Respondent asserted superior ownership rights to
`
`Petitioner’s domain name by virtue of its Honest History Registrations; and, Respondent
`
`requested a transfer of ownership to Petitioner’s domain name, www.honesthistory.com, in the
`
`WIPO Complaint. Id.
`
`14.
`
`The WIPO Arbitration panel rejected Respondent’s UDRP domain name claim and
`
`denied all the Respondent’s requests for relief. Id.
`
`15.
`
`After their failed attempt to enforce trademark rights through the WIPO Arbitration
`
`filing, Respondent continued to demand that Petitioner take action with respect to its use of the
`
`
`
`3
`
`

`

`domain name (www.honesthistory.com) and its use of words “honest” and “history” with
`
`Petitioner’s website archive.
`
`16.
`
`The Respondent’s demands for Petitioner to take action were supported by the Honest
`
`History Registrations, and the use of the Honest History Registrations to support these demands
`
`has, and will continue to, impact Petitioner’s ability to use the words “honest” and “history” in a
`
`merely descriptive, generic and/or informational manner.
`
`17.
`
`Respondent’s assertions of its Honest History Registrations in the WIPO domain name
`
`arbitration filing and its subsequent demands for Petitioner to take action has caused damage to
`
`the Petitioner. Based on Respondent’s past filings and demands, Petitioner has a legitimate and
`
`real apprehension that Petitioner has been, and will continued to be, damaged by Respondent’s
`
`assertion of the Honest History Registrations.
`
`18.
`
`Petitioner has a legitimate belief and real apprehension that Respondent intends to file
`
`another legal action alleging infringement of the Honest History Registrations or make other
`
`legal assertions that will harm and damage Petitioner.
`
`a. Petitioner believes that Respondent’s anticipated legal action (based the Honest
`
`History Registrations) would prevent Petitioner from using its archive name and/or
`
`domain name, which were lawfully obtained and secured by Petitioner,
`
`b. Petitioner believes that Respondent’s anticipated legal action (based the Honest
`
`History Registrations) would prevent Petitioner from using words “honest” and
`
`“history” in a descriptive, generic or informational manner as it relates to Petitioner’s
`
`database of historical records, documents, and artifacts.
`
`19.
`
`The existence, and continued active registration, of Respondent’s Honest History
`
`Registrations has damaged, and will continue to harm and damage Petitioner’s personal interests.
`
`20.
`
`Petitioner is not a “mere intermeddler” in this cancellation proceeding, and Petitioner has
`
`standing to request cancellation of the Honest History Registrations because it has a “direct and
`
`personal stake” in the outcome of this cancellation.
`
`
`
`
`
`
`
`4
`
`

`

`C. Respondent Has Indicated that It Objects to Petitioner’s Right to Protect
`Logo Mark In Light of Its Honest History Registrations
`
`To effectively market its AJE initiative, Petitioner Mercury One, Inc. created a logo mark
`
`21.
`
`that is used with its on-line archival database of American history artifacts, as shown herein:
`
`
`
`
`
`22.
`
`Petitioner Mercury One filed U.S. Trademark Application Serial No. 97/183,068 to
`
`protect this logo mark as used with Class 41 educational services in the field of American
`
`History, such as providing on-line access to materials and images of artifacts relating to
`
`American History. Exhibit 7, Appl. No. 97/183,068 PTO Status Page.
`
`23.
`
`The Patent & Trademark Office, upon examination of Petitioner’s logo mark application,
`
`indicated that there are no conflicting marks that would bar registration under the Trademark Act
`
`Section 2(d). Exhibit 8, Office Action, Sept. 29, 2022, p. 4, Serial No. 98/183,068.
`
`24. While the Trademark Attorney found that there were no conflicting marks that would bar
`
`registration of Petitioner’s logo mark, the Trademark Attorney also simultaneously
`
`acknowledged the existence of each of Respondent’s Honest History Registrations by attaching
`
`records of the Honest History Registrations to the Office Action. Exhibit 8, Office Action, Sept.
`
`29, 2022, Serial No. 98/183,068.
`
`25.
`
`The Respondent has communicated its objection to Petitioner’s right to register its
`
`“Honest History” logo mark set forth in U.S. Trademark Application Serial No. 97/183,068, and
`
`Respondent claims the Petitioner’s logo mark interferes with its rights to the Honest History
`
`Registrations.
`
`26.
`
`Based on Respondent’s stated objections, Petitioner believes that Respondent will likely
`
`file an Opposition filing against the U.S. Patent & Trademark Office as to U.S. Trademark
`
`Application Serial No. 97/183,068 based on their current ownership of the Honest History
`
`Registrations.
`
`27.
`
`Respondent’s ownership of the Honest History Registrations have damaged, and will
`
`continue to damage, Petitioner by interfering with Petitioner’s ability to protect its logo mark.
`
`
`
`5
`
`

`

`28.
`
`Respondent’s ownership of the Honest History Registrations have harmed, and will
`
`continue to damage, Petitioner by preventing it from freely using the “honest” and “history” in a
`
`descriptive, generic or informational manner.
`
`29.
`
`For these reasons, the existence, and continued existence, of the Respondent’s Honest
`
`History Registrations have, and will continue, to damage the Petitioner’s personal interests.
`
`Petitioner has standing to bring this cancellation proceeding because Petitioner has a “direct and
`
`personal stake” in the outcome of this Cancellation Proceeding; and, Petitioner is not a “mere
`
`intermeddler” in this proceeding.
`
`II. Respondent’s Honest History Registrations for
` Educational Materials and Programs
`
`
`30.
`
`Respondent’s Registration No. 6,504,088 (Exhibit 3, ‘088 Registration) for the word
`
`mark “Honest History” was granted on September 28, 2021 and covers the following goods and
`
`services in Class 16:
`
`Educational publications, namely, printed workbooks, textbooks,
`activity books, teacher guides, manuals, posters, and educational
`booklets in the fields of history and education for children
`
`
`
`a. This ‘088 registration has not yet become incontestable. And, during the application
`
`examination process, the Registrant disclaimed the exclusive rights to the word “history” and
`
`Respondent failed to prove secondary meaning or distinctiveness for their mark prior to
`
`obtaining a registration.
`
`31.
`
`Respondent’s Registration No. 6,504,087 (Exhibit 2, ‘087 Registration) for the word
`
`mark “Honest History” was granted on September 28, 2021 and covers the following goods and
`
`services in Class 41:
`
`Educational services, namely, providing non-downloadable videos,
`courses of instruction, blogs, and audio recordings, in the fields of
`history and education for children; Providing courses of instruction
`in the field of history and education for children; Educational
`services, namely, developing curriculum for educators;
`Educational services, namely, developing curriculum for others in
`the field of history; Educational services, namely, developing
`curriculum for teachers
`
`a. This ‘087 registration has not yet become incontestable. And, during the application
`
`examination process, the Registrant disclaimed the exclusive rights to the word “history” and
`
`
`
`6
`
`

`

`Respondent failed to prove secondary meaning or distinctiveness for their mark prior to
`
`obtaining a registration.
`
`32.
`
`Respondent’s Registration No. 6,008,523 (Exhibit 1, ‘523 Registration) for the word
`
`mark “Honest History” was granted on March 10, 2020 and covers the following goods and
`
`services in Class 16:
`
`Educational magazines for children in the field of history.
`
`a. This ‘523 registration has not yet become incontestable. And, during the application
`
`examination process, the Registrant disclaimed the exclusive rights to the word “history” and
`
`Respondent failed to prove secondary meaning or distinctiveness for their mark prior to
`
`obtaining a registration.
`
`A. Respondent Disclaimed the Word “History” as a Generic Descriptor
`
`33. When the ‘523 Mark was being examined, the Trademark Office found the following in
`
`the Office Action dated August 14, 2018, p. 4 (Exhibit 9, Aug. 14, 2018 Office Action, p. 4):
`
` Applicant must disclaim the wording “HISTORY” because it merely describes
`a subject matter of applicant’s goods, and thus is an unregistrable component of
`the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v.
`Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed.
`Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71
`USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).
` “History” is defined as “the study of past events, particularly in human affairs”
`and applicant’s magazines feature content in the field history.
`https://en.oxforddictionaries.com/definition/us/history Therefore, the wording
`merely describes the goods and must be disclaimed.
` An applicant may not claim exclusive rights to terms that others may need to
`use to describe their goods and/or services in the marketplace. See Dena Corp. v.
`Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir.
`1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983).
`
`
`34.
`
`In response to the above Office Action, Respondent disclaimed any ownership rights to
`
`the word “HISTORY” because Respondent admitted and acknowledged that it cannot claim
`
`exclusive rights to terms that others may need to use to describe their goods and/or services in
`
`the marketplace. Exhibit 10, Feb. 13, 2019, Response to Office Action, p. 1 and 3. Under the
`
`same reasoning, the Respondent made this same disclaimer of the word “HISTORY” in all three
`
`of the Honest History Registrations.
`
`
`
`7
`
`

`

`35.
`
`Despite Respondent’s disclaimer of proprietary rights to the word “history” in the Honest
`
`History Registrations, Respondent has asserted proprietary rights to the term “history” in its
`
`filings and communications against the Petitioner. If the Honest History Registrations are not
`
`cancelled, Respondent will continue to assert exclusive rights over the use of the term “history”
`
`as used in a descriptive, generic and/or informational manner.
`
`B. Respondent Admits to PTO That Primary Commercial Impression of Words
`“Honest History” Relates to Truthful Educational Content, Not as a Source
`Identifier
`
`36.
`
`Respondent’s statements to the PTO admit and concede that their mark, Honest History,
`
`creates an impression about truthful content in a merely descriptive, generic and/or informational
`
`manner, as opposed to being a source identifier in a trademark sense.
`
`37.
`
`Applicant (Respondent) responded to a citation of a conflicting cited mark in the
`
`Response to Office Action dated February 13, 2019 by stating as follows:
`
`
`Exhibit 10, Feb. 13, 2019 Response to Office Action, p. 4.
`
`
`
`38.
`
`By this statement to the PTO, Applicant (Respondent) indicated that their mark “honest
`
`history” creates the impression of a warranty of delivering “truthful history education” content. Id.
`
`39.
`
`According to the Applicant (Respondent), its use of “honest history” is directly associated
`
`with the guarantee of truthful educational content, as opposed to being a source identifier in a
`
`trademark sense.
`
`40.
`
`Applicant (Respondent) was not addressing a merely descriptiveness refusal to register and
`
`Respondent did not supply any evidence of consumer secondary meaning or association of the
`
`words “honest history” with reference to a source identifier for Applicant (Respondent).
`
`41.
`
`Respondent’s statements are an admission by the Respondent that the words “honest
`
`history” are used in a merely descriptive, generic and/or informational manner, and not as a
`
`reference to the source of a particular goods/service (or a particular publication) in a trademark
`
`sense. Id.
`
`
`
`8
`
`

`

`42.
`
`After making these arguments and representations to the PTO, the Applicant (Respondent)
`
`should not now be permitted to contend that its mark “honest history” is not merely descriptive,
`
`generic and/or informational regarding truthful educational content.
`
`C. Respondent Chose The “Honest History” Name To Describe Truthful Content, Not
`As A Source Identifier
`
`43.
`
`As shown in Respondent’s website (lower left hand shaded area in Exhibit 11
`
`(Complainant’s Webpage, shown in Annex 21 to UDRP Complaint), the Respondent selected the
`
`mark “Honest History” to reference content, not as an identifier of the source of a particular
`
`goods/service (or a particular publication) in a trademark sense.
`
`
`
`
`
`
`
`
`
`See Exhibit 11-1, Complainant’s Webpage, Annex 21 Respondent’s UDRP Complaint.
`
`
`
`
`
`
`
`
`
`44.
`
`Respondent provided this captured website page as Exhibit 11 (Appendix 21 to its UDRP
`
`Complaint), which indicated Respondent choose the name “honest history” to describe “well-
`
`researched stories from the past” (because “[t]he stories we choose for our magazine aren’t just
`
`fun and filled with adventure – they’re also 100% true.”). Id.
`
`
`
`9
`
`

`

`45.
`
`Respondent’s website statement (Exhibit 11) admitted that they adopted the words
`
`“honest history” for its mark to describe 100% true content in a merely descriptive, generic
`
`and/or informational manner -- not as the identifier of the source of a particular goods/service (or
`
`a particular publication) in a trademark sense.
`
`46.
`
`Even though Respondent adopted the mark “honest history” to describe content (not as a
`
`source identifier), Respondent asserts proprietary rights to the words “honest” and “history” by
`
`virtue of its Honest History Registrations.
`
`47.
`
`If the Honest History Registrations are not cancelled, Respondent will continue to assert
`
`exclusive rights to the words “honest history” as used in a merely descriptive, generic and/or
`
`informational manner.
`
`D. The Public’s Wide-Spread Use “Honest History” in a Merely Descriptive, Generic,
`and/or Informational Manner (Exhibit 13)
`
`48. Members of the public have widely used the words “honest history” in a merely
`
`descriptive, generic or informational manner, without any reference to the Respondent’s
`
`goods/services, or the Respondent’s Honest History Registrations.
`
`49.
`
` As shown in Exhibit 13-1, a webpage article entitled “An honest history: Teaching race
`
`in schools” was published on September 19, 2021, which does not refer or relate to Respondent,
`
`its goods/services, or its registrations. Exh. 13-1, https://spectrumlocalnews.com/nc/charlotte/
`
`education/2021/09/19/an-honest-history.
`
`50.
`
`As shown in Exhibit 13-2, a webpage article entitled “Partnering With Museums to Teach
`
`Honest History” was published in Spring 2022, which does not refer or relate to Respondent, its
`
`goods/services, or its registrations. Exh. 13-2, https://www.learningforjustice.org/magazine/
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`spring-2022/partnering-with-museums-to-teach-honest-history.
`
`51.
`
`As shown in Exhibit 13-3, a webpage article entitled “Critical Race Theory in
`
`Classrooms Isn’t Just About Teaching ‘Honest History’ ” was published on July 23, 2021, which
`
`does not refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-3,
`
`https://www.dailysignal.com/2021/07/23/critical-race-theory-in-classrooms-isnt-just-about-
`
`teaching-honest-history/.
`
`52.
`
`As shown in Exhibit 13-4, a webpage article entitled “Axing Critical Race Theory Allows
`
`For Teaching Honest History About the Tulsa Violence 100 Years Ago” was published on June
`
`18, 2021, which does not refer or relate to Respondent, its goods/services, or its registrations.
`
`
`
`10
`
`

`

`Exh. 13-4, https://thefederalist.com/2021/06/10/axing-critical-race-theory-allows-for-teaching-
`
`honest-history-like-the-tulsa-violence-100-years-ago/.
`
`53.
`
`As shown in Exhibit 13-5, a CBS News webpage entitled “Head of teachers union says
`
`critical race theory isn’t taught in schools, vows to defend ‘honest history’” was published on
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`July 8, 2021, which does not refer or relate to Respondent, its goods/services, or its registrations.
`
`Exh. 13-5, https://www.cbsnews.com/news/critical-race-theory-teachers-union-honest-history/.
`
`54.
`
`As shown in Exhibit 13-6, a webpage article entitled “The Fight Over the 1619 Project Is
`
`Not About the Facts” was published on December 23, 2019, which references on page 11 the
`
`statement “Fact and objectivity are the foundation of both honest journalism and honest history”,
`
`which does not refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-6,
`
`https://www.theatlantic.com/ideas/archive/2019/12/historians-clash-1619-project/604093/.
`
`55.
`
`As shown in Exhibit 13-7, a webpage article entitled “The ‘Honest History’ Fraud” was
`
`published the American Institute of Economic Research on July 20, 2021, which does not refer
`
`or relate to Respondent, its goods/services, or its registrations. Exh. 13-7, https://www.aier.org/
`
`article/the-honest-history-fraud/.
`
`56.
`
`As shown in Exhibit 13-8, a webpage article entitled “Systemic Racism: An honest
`
`history” was published on February 4, 2021, which does not refer or relate to Respondent, its
`
`goods/services, or its registrations. Exh. 13-8, https://kairoscenter.org/systemic-racism-an-
`
`honest-history/.
`
`57.
`
`As shown in Exhibit 13-9, a webpage article identified with tags/key words “Manhood,
`
`Race, And Culture Interactive, MRCI, Race” was published on July 8, 2021 with Tag Archive:
`
`“Honest History” and also contains four references to “honest history”, none of which refer or
`
`relate to Respondent, its goods/services, or its registrations. Exh. 13-9, https://www.manhood
`
`raceculture.com/tag/honest-history/.
`
`58.
`
`As shown in Exhibit 13-10, a webpage article entitled “Teaching Honest History” was
`
`published by The Education Trust in 2023, which does not refer or relate to Respondent, its
`
`goods/services, or its registrations. Exh. 13-10, https://edtrust.org/teaching-honest-history/.
`
`59.
`
`As shown in Exhibit 13-11, a webpage article entitled “Learning Honest History Isn’t
`
`Criminal – It’s What Students Deserve to Know” was published on February 8, 2022, which
`
`does not refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-11,
`
`
`
`11
`
`

`

`https://edtrust.org/the-equity-line/learning-honest-history-isnt-criminal-its-what-students-
`
`deserve-to-know/.
`
`60.
`
`As shown in Exhibit 13-12, a webpage article entitled “To Counter Racist Violence,
`
`Teach Honest History” was published by Learning for Justice on May 20, 2022, which does not
`
`refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-12,
`
`https://www.learningforjustice.org/magazine/to-counter-racist-violence-teach-honest-history.
`
`61.
`
`As shown in Exhibit 13-13, CCN news published a webpage article and video entitled
`
`“Randi Weingarten: You can’t keep us from teaching students honest history” on July 27, 2021,
`
`which does not refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-13,
`
`https://www.cnn.com/2021/07/27/opinions/teachers-union-critical-race-theory-schools-
`
`weingarten/index.html.
`
`62.
`
`As shown in Exhibit 13-14, Fox News published a webpage article and video entitled
`
`“Teacher’s union president Randi Weingarten claims Republicans ‘bullying’ teachers on race,
`
`‘honest history’ ” on July 7, 2021, which does not refer or relate to Respondent, its
`
`goods/services, or its registrations. Exh. 13-14, https://www.foxnews.com/politics/randi-
`
`weingarten-aft-critical-race-theory-republicans-bullying.
`
`63.
`
`As shown in Exhibit 13-15, a webpage article entitled “Teaching Honest History” was
`
`published on April 16, 2022, which does not refer or relate to Respondent, its goods/services, or
`
`its registrations. Exh. 13-15, https://www.commondreams.org/views/2022/04/16/teaching-honest-
`
`history.
`
`64.
`
`As shown in Exhibit 13-16, a webpage article was published by Al Dia on July 7, 2021
`
`regarding the “American Federation of Teachers” using the phrase “honest history” several times
`
`(e.g. “one of the largest teachers’ unions promised to stand by members that are punished for
`
`implementing an ‘honest history’ of the United States into their curriculums,” p. 2), which does
`
`not refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-16,
`
`https://www.aldianews.com/en/politics/policy/teaching-honest-history.
`
`65.
`
`As shown in Exhibit 13-17, a webpage article entitled “Critical Race Theory in
`
`Classrooms Isn’t Just About Teaching ‘Honest History’ ” was published by The Daily Signal on
`
`July 27, 2021, which does not refer or relate to Respondent, its goods/services, or its
`
`registrations. Exh. 13-17, https://heartlanddailynews.com/2021/07/critical-race-theory-in-
`
`classrooms-isnt-just-about-teaching-honest-history/.
`
`
`
`12
`
`

`

`66.
`
`As shown in Exhibit 13-18, a webpage article entitled “In Discussing Reparations,
`
`Honest History of Slavery Makes the Left Uncomfortable” was published on September 21,
`
`2021, which does not refer or relate to Respondent, its goods/services, or its registrations. Exh.
`
`13-18, https://www.dailysignal.com/2022/09/21/in-discussing-reparations-honest-history-of-
`
`african-slavery-makes-the-left-uncomfortable/.
`
`67.
`
`As shown in Exhibit 13-19, a webpage article entitled “An Honest History of Texas
`
`Begins and Ends with White Supremacy” on March 12, 2021, which does not refer or relate to
`
`Respondent, its goods/services, or its registrations. Exh. 13-19, https://newrepublic.com/
`
`article/161685/texas-1836-project-white-supremacy.
`
`68.
`
`As shown in Exhibit 13-20, a webpage article entitled “An Honest History of Black
`
`People and the Democrat Party” was published by The New Republic on August 3, 2020, which
`
`does not refer or relate to Respondent, its goods/services, or its registrations. Exh. 13-20,
`
`https://www.thethinkingconservative.com/an-honest-history-of-black-people-and-the-democrat-
`
`party/.
`
`69.
`
`As shown in Exhibit 13-21, a ParentEd Talk speaker program was publicized for
`
`Thursday, January 19, 2023 to address curriculum content topics, including “[b]ecause teaching
`
`honest history of the enduring legacy of anti-Black racism in America is foundational to building
`
`a more equitable society, now and in the future,” which does not refer or relate to Respondent, its
`
`goods/services, or its registrations. Exh. 13-21, https://www.parentmap.com/calendar/parented-
`
`talks-past-forward-legacy-rac