Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1274555
`
`Filing date:
`
`03/27/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92081622
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`SM Beauty, LLC
`
`SM BEAUTY, LLC
`505 E GOLF ROAD SUITE H
`ARLINGTON HEIGHTS, IL 60005
`UNITED STATES
`Primary email: slee000@aol.com
`847-208-8617
`
`Answer
`
`Sang Lee
`
`slee000@aol.com, softbeeus@gmail.com
`
`/Sang Lee/
`
`03/27/2023
`
`Attachments
`
`ttabvue-92081622-CAN-Answser03282023Sixth.pdf(44623 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1274555
`
`Filing date:
`
`03/27/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92081622
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`SM Beauty, LLC
`
`SM BEAUTY, LLC
`505 E GOLF ROAD SUITE H
`ARLINGTON HEIGHTS, IL 60005
`UNITED STATES
`Primary email: slee000@aol.com
`847-208-8617
`
`Answer
`
`Sang Lee
`
`slee000@aol.com, softbeeus@gmail.com
`
`/Sang Lee/
`
`03/27/2023
`
`Attachments
`
`ttabvue-92081622-CAN-Answser03282023Sixth.pdf(44623 bytes )
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`YG ENTERTAINMENT INC,
`
`:
`
`Petitioner,
`
`:
`:
`:
`v. : Mark: BLACKPINK
`:
`
`Cancellation No. 92081622
`
`SM BEAUTY, LLC
`
`:
`:
`
`:
`:
`
`Respondent
`
`Registration No.: 5376449
`
`ANSWER TO PETITION FOR CANCELLATION
`
`
`
`COMES NOW Respondent and Registrant, SM BEAUTY, LLC
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`(“Registrant”) in the above-captioned matter and submits this Answer to the Petition, through its
`
`attorneys, for Cancellation filed by YG Entertainment INC (“Petitioner”) with respect to the
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`mark at Registration No.: 5376449 (the “Registrant’s Mark”) by generally denying all of the
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`allegations in the Petition for Cancellation, except as may be specifically admitted or denied as
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`follows, and denying that Petitioner is presently or will in the future be damaged by the
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`continued registration of the Registrant’s Mark.
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`1. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 1 of the Petition for Cancellation, and on that basis denies
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`the same.
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`
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`2. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 2 of the Petition for Cancellation, and on that
`
`basis denies the same.
`
`
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`3. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 3 of the Petition for Cancellation, and on that
`
`basis denies the same.
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`4. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 4 of the Petition for Cancellation, and on that
`
`basis denies the same.
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`5. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 5 of the Petition for Cancellation, and on that
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`basis denies the same.
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`6. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 6 of the Petition for Cancellation, and on that
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`basis denies the same.
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`7. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 7 of the Petition for Cancellation, and on that
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`basis denies the same.
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`8. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 8 of the Petition for Cancellation, and on that basis denies
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`the same.
`
`2
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`
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`9. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 9 of the Petition for Cancellation, and on that
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`basis denies the same.
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`10. Registrant lacks knowledge or information sufficient to form a belief as to
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`the allegations contained in Paragraph No. 10 of the Petition for Cancellation, and on that
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`basis denies the same.
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`11. Registrant lacks knowledge or information sufficient to form a belief
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`as to the authenticity regarding the allegations contained in Paragraph No. 11 of
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`the Petition for Cancellation, and on that basis denies the same.
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`12. Registrant lacks knowledge or information sufficient to form a belief
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`as to the allegations contained in Paragraph No. 12 of the Petition for
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`Cancellation, and on that basis denies the same.
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`13. Registrant lacks knowledge or information sufficient to form a belief
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`as to the allegations contained in Paragraph No. 13 of the Petition for
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`Cancellation, and on that basis denies the same.
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`14. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 14 of the Petition for Cancellation,
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`and on that basis denies the same.
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`15. Registrant lacks knowledge or information sufficient to form a belief as to the
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`allegations contained in Paragraph No. 15 of the Petition for Cancellation, and on that
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`basis denies the same.
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`3
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`
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`16. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 16 of the Petition for Cancellation,
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`and on that basis denies the same.
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`17. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 17 of the Petition for Cancellation,
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`and on that basis denies the same.
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`18. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 18 of the Petition for Cancellation,
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`and on that basis denies the same.
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`19. Registrant lacks knowledge or information sufficient to form a belief as to
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`the allegations contained in Paragraph No. 19 of the Petition for Cancellation, and on
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`that basis denies the same.
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`20. Registrant lacks knowledge or information sufficient to form a belief as to
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`the allegations contained in Paragraph No. 20 of the Petition for Cancellation, and on
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`that basis denies the same.
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`21. Registrant lacks knowledge or information sufficient to form a belief as to
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`the allegations contained in Paragraph No. 21 of the Petition for Cancellation, and on
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`that basis denies the same.
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`22. Registrant lacks knowledge or information sufficient to form a belief as to
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`the allegations contained in Paragraph No. 22 of the Petition for Cancellation, and on
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`that basis denies the same.
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`4
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`
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`23. Registrant lacks knowledge or information sufficient to form a belief as to
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`the allegations contained in Paragraph No. 23 of the Petition for Cancellation, and on
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`that basis denies the same.
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`24. Paragraph 24 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 24 contains any
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`allegations, Registrant Denies all allegations.
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`25. Paragraph 25 contains no allegations but factual representations that require
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`no response. To the extent, however, that paragraph 25 contains any allegations,
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`Registrant Denies all allegations.
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`26. Paragraph 26 contains no allegations but factual representations that require
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`no response. To the extent, however, that paragraph 26 contains any allegations,
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`Registrant Denies all allegations.
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`27. Paragraph 27 contains no allegations but factual representations that require
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`no response. To the extent, however, that paragraph 27 contains any allegations,
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`Registrant Denies all allegations.
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`28. Paragraph 28 contains no allegations but factual representations that require
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`no response. To the extent, however, that paragraph 28 contains any allegations,
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`Registrant Denies all allegations.
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`29. Paragraph 29 contains no allegations but factual representations that require
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`no response. To the extent, however, that paragraph 29 contains any allegations,
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`Registrant Denies all allegations.
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`30. Denied.
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`31. Denied.
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`5
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`32. Denied.
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`33. Denied.
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`34. Denied.
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`35. Denied.
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`36. Denied.
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`37. Paragraph 37 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 37 contains any
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`allegations, Registrant Denies all allegations.
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`38. Denied.
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`39. Paragraph 39 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 39 contains any
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`allegations, Registrant Denies all allegations.
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`40. Paragraph 40 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 40 contains any
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`allegations, Registrant Denies all allegations.
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`41. Denied.
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`42. Denied.
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`43. Denied.
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`6
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`
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`44. Paragraph 44 contains no allegations but incorrect factual
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`representations that require no response. To the extent, however, that paragraph 44
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`contains any allegations, Registrant Denies all allegations.
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`45. Denied.
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`46. Paragraph 46 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 46 contains any
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`allegations, Registrant Denies all allegations.
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`47. Denied.
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`48. Paragraph 48 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 48 contains any
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`allegations, Registrant Denies all allegations.
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`49. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 49 of the Petition for Cancellation,
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`and on that basis denies the same.
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`50. Registrant lacks knowledge or information sufficient to form a belief as
`
`to the allegations contained in Paragraph No. 50 of the Petition for Cancellation,
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`and on that basis denies the same.
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`51. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 51 of the Petition for Cancellation,
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`and on that basis denies the same.
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`7
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`
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`52. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 52 of the Petition for Cancellation,
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`and on that basis denies the same.
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`53. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 53 of the Petition for Cancellation,
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`and on that basis denies the same.
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`54. Registrant lacks knowledge or information sufficient to form a belief as
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`to the allegations contained in Paragraph No. 54 of the Petition for Cancellation,
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`and on that basis denies the same.
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`55. Denied.
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`56. Denied.
`
`57. Denied.
`
`58. Denied.
`
`59. Denied.
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`60. Denied.
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`61. Denied.
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`62. Denied.
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`63. Denied.
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`64. Denied.
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`65. Denied.
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`8
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`66. Denied.
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`67. Denied.
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`68. Denied.
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`69. Admitted.
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`70. Denied.
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`71. Denied.
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`72. Denied.
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`73. Denied.
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`74. Paragraph 74 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 74 contains any
`
`allegations, Registrant Denies all allegations.
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`75. Paragraph 75 contains no allegations but factual representations that
`
`require no response. To the extent, however, that paragraph 75 contains any
`
`allegations, Registrant Denies all allegations.
`
`76. Paragraph 76 contains no allegations but factual representations that
`
`require no response. To the extent, however, that paragraph 76 contains any
`
`allegations, Registrant Denies all allegations.
`
`77. Paragraph 77 contains no allegations but factual representations that
`
`require no response. To the extent, however, that paragraph 77 contains any
`
`allegations, Registrant Denies all allegations.
`
`9
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`
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`GROUNDS FOR OPPOSITION
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`COUNT I - MISREPRESENTATION OF SOURCE
`
`78. Registrant hereby incorporates and re-alleges paragraphs 1 through 77
`
`above into this answer by reference.
`
`79. Denied.
`
`80. Denied.
`
`81. Denied.
`
`82. Denied.
`
`83. Denied.
`
`84. Denied.
`
`COUNT II - ABNDONEMENT
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`
`
`85. Registrant hereby incorporates and re-alleges paragraphs 1 through 84
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`above into this answer by reference.
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`86. Paragraph 86 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 86 contains any
`
`allegations, Registrant Denies all allegations.
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`87. Denied.
`
`88. Denied.
`
`89. Denied.
`90. Denied.
`
`91. Denied.
`
`10
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`
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`92. Denied.
`93. Denied.
`
`94. Denied.
`
`95. Denied.
`96. Denied.
`
`97. Denied.
`
`98. Denied.
`
`
`COUNT III - FRAUD
`
`
`99. Registrant hereby incorporates and re-alleges paragraphs 1 through 98
`
`above into this answer by reference.
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`100. Paragraph 100 contains no allegations but factual representations that
`
`require no response. To the extent, however, that paragraph 100 contains any
`
`allegations, Registrant Denies all allegations.
`
`101. Denied.
`
`102. Denied.
`
`103. Denied.
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`104. Denied.
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`105. Denied.
`
`106. Denied.
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`107. Paragraph 107 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 107 contains any
`
`allegations, Registrant Denies all allegations.
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`11
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`
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`108. Paragraph 108 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 108 contains any
`
`allegations, Registrant Denies all allegations.
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`109. Paragraph 109 contains no allegations but factual representations that
`
`require no response. To the extent, however, that paragraph 109 contains any
`
`allegations, Registrant Denies all allegations.
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`110. Paragraph 110 contains no allegations but factual representations that
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`require no response. To the extent, however, that paragraph 110 contains any
`
`allegations, Registrant Denies all allegations.
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`111. Paragraph 111 contains no allegations but factual representations that
`
`require no response. To the extent, however, that paragraph 111 contains any
`
`allegations, Registrant Denies all allegations.
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`112. Denied.
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`113. Denied.
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`114. Denied.
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`115. Denied.
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`116. Denied.
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`117. Denied.
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`118. Denied.
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`119. Denied.
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`120. Denied.
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`12
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`121. Denied.
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`122. Denied.
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`123. Denied.
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`124. Denied.
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`125. Denied.
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`
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`AFFIRMATIVE DEFENSES
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`126. As the First Affirmative Defense to the Petitioner for Cancellation,
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`typically, a cancellation can be filed within five years of the mark’s registration date
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`(i.e., the date the registration issued). 15 U.S.C. § 1064. The mark “BLACKPINK”
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`was registered on January 9, 2018 and the Petitioner filed this petition on February 14,
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`2023 after five years of abandonment. As time goes on, important evidence may be
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`lost, and the memories of witnesses can grow foggy. Thus, Petition for Cancellation
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`proceedings brought under these circumstances after five years may not be fair to all
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`parties.
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`127. As the Second Affirmative Defense to the Petitioner for Cancellation,
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`Registrant alleges that Petition is neither the first nor exclusive user of the term
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`“BLACKPINK” in connection with goods/services in class 03 as listed in Registrant’s
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`Registration at issue.
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`128. As the Third Affirmative Defense to the Petition for Cancellation, Registrant is
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`informed and believes, and thereon alleges that Petitioner’s claims are barred, in whole or in part,
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`by the doctrine of unclean hands. Petitioner’s filing of its’ Petition for Cancellation is merely an
`
`13
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`
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`attempt to threaten, harass and pressure Registrant into giving up its’ mark and/or to force
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`Registrant into an unfavorable settlement. Petitioner’s conduct is wrongful, immoral, and illegal
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`predatory conduct in attempting to prevent Registrant from continued use of Registrant’s Mark.
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`WHEREFORE, Registrant prays that this Petition for Cancellation be denied and
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`that the Registrant’s Mark be allowed to continue to be registered and maintained
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`on the Principal Register.
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`Date: March 28, 2023
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`
`
`Sang Lee
`USPTO Reg. No. 67,541
`Attorney for Registrant
`slee000@aol.com
`
`
`
`Law Offices of Sang Lee
`505 E Golf Road, Suite H
`Arlington Heights, IL 60005
`
`
`
`Tel: 1-847-208-8617
`Email: slee000@aol.com
` softbeeus@gmail.com
`
`
`
`
`14
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 28, 2023, a true and correct copy of the foregoing documents
`was delivered via electronic mail to:
`
`
`
`Attorneys for Petitioner:
`
`Govinda M. Davis (govinda.davis@dinsmore.com)
`
`Dinsmore & Shohl LLP
`255 E. Fifth Street, Suite 1900
`Cincinnati, Ohio 45202
`(513) 977-8200
`
`
`By:
`
`/Sang Lee/
`
` Sang Lee
`
`
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