`Patent and Trade.
`k Office
`ASSISTANT COMMISSIONER FOR TRADEMARKS
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`REGISTRATION NO.
`
`1581593
`
`SERIAL NO.
`
`73/807508
`
`PAPER NO-
`MAILING DATE: Nov 17, 1999
`
`MARK: (MISCELLANEOUS DESIGN)
`
`REGISTRANT: DC COMICS
`
`CORRESPONDENCE ADDRESS:
`A
`
`4000 WARNER BLVD
`
`BURBANK CA 91522'1565
`
`fn'e;|jec;g;gi;;m§g;n;<;[lowing
`. Your phone number and ZIP Code.
`. Mai‘ling.date of this act_ion.I
`:
`:.‘;::i:.'.*':*;::::;n:::::'".2
`address.
`attention of ”PRU" using the above
`. Registration no.
`
`RECEIPT IS ACKNOWLEDGED OF THE SUBMITTED REQUEST UNDER:
`
`SECTION 9 OF THE TRADEMARK ACT AND 37 CFR SECS. 2.181—2.l84.
`
`YOUR REQUEST FULFILLS THE STATUTORY REQUIREMENTS AND RENEWAL HAS BEEN
`GRANTED.
`
`BARBARA A HARPER
`AFFIDAVIT-RENEWAL EXAMINER
`TRADEMARK EXAMINING OPERATION
`(703) 308-9500 EXT. 131
`
`
`
`A0 120 (Rev. 6/90)
`To
`'
`
`“
`Commissioner ol Patents and Trademarks
`WESHIIIQIOI1, D.C. 20231
`
`“
`
`i
`
`" '
`
`y_
`
`.
`
`REPORT ON THE
`1-“ FILTNG OR DETERMINATION OF AN
`Ac-"ON REGARDING A pA1-EN-r OR
`
`In Compliance with 35 § 290 andlor 15 U.S.C. § 1116 you are hereby advised that a court action has been
`tiled in the U.S. District Coun S/D OF FLORIDA
`on the following
`El Patents or
`E] Trademarks:
`DOCKET No.
`DATE FILED
`
`PLAINTIFF DC COMICS AND
`TIME WARNER ENTERTAINMENT COMPANY. L-P-
`ATTORNEY- Lea Ann Banks
`200 S. Orange Ave, STE. 2300
`26%? <9J_,_4g%8rida 32802
`PATENT OR
`DATE OF PATENT
`
`DEFENDANT
`SUPERSTAR PRODUCTIONS, INC.
`
`WLTfl.'B— Rm To Ammms Ton M mm
`
`HIBEEET *
`
`DATE iNcLuDED
`
`INCLUDED av
`
`D Amendment
`
`Cl Answer
`
`D Cross Bill
`
`I] Other Pleading
`
`Tafggfifnflmo.
`
`3'
`
`HOLDER or= PATENT on TRADEMARK
`
`w 2304
`In the aboveentitled case, the following decision has been {rendered or judgment issued:
`DECISIONIJUDGMENT
`
`Copy 1-Upon Initiation ol action, mail this copy to Commissioner Copy 3—Upon termination ol action, mall this copy to commissioner
`Copy 2—Upon tiling document adding patent(s), mail this copy to commissioner Copy 4—Case file copy
`
`
`
`' A0 A20 '(Rav. 6/90)
`_
`To.
`
`Commissioner of Patents and Trademarks
`W88hIl'IgtOi'|. D.C. 20231
`
`REPx. ,.r ON THE
`FILING OR DETERMINATION OF AN
`Ac-“ON REGANNNG A pA1-EN-f OR
`
`In Compliance with 35 § 290 andlor 15 U.S.C. § 1116 you are hereby advised that a court action hasfbeen
`.
`.
`/_
`\
`.
`filed in the U5. District Court Central D1-_str let on the following
`CI Patents or
`Tta_den‘iarl<s:
`DATE FILED
`'
`u.s. DISTRICT-COURT
`V
`-
`, '
`California
`.
`DEFENDANT
`*
`Stan Shaw,
`individually andgoing.
`business as Hannibal 'Prod.uct:i1_Q_ns
`
`-
`
`PLAINTIFF
`
`Time Warner Entertainment
`Company, L.P. and DC Comics
`
`%¢.*'%.:2ro:'.:*.s.s'.:
`Tn:3TEa’ATngFi~:o.
`
`
`2/we
`
`In the above-entitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED av
`
`El Amendment
`
`D Answer
`
`El Cross Bill
`
`D Other Pleading
`
`_
`
`'
`
`PATENT on
`.,RADEMARK No‘
`
`DATE OF PATENT
`on TRADEMARK
`
`HOLDER OF PATENT on TRADEMARK
`
`
`
`In the above-entitled case, the following decision has been rendered or judgment issued:
`DECISIONIJUDGMENT
`A
`
`(BY) DEPUTY CLERK
`
`copy 1-Upon initiation of action, mail this copy to Commiuionor copy 3—Upon termination oi action, mail this copy to Commissioner
`copy 2—Upon tiling document adding patont(s), mail this copy to Commissioner copy 4—case lilo copy
`
`
`
`’ARTMENT OF COMMERCE
`UNITED STATES §
`Patent and Trademark Office
`ASSISTANT SECRETARY AND COMMISSIONER
`OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`
`REGISTRATION NO.
`
`1531593
`
`SERIAL NO. 73/307503
`
`PAPER NO.
`MAILING DATE: 07/29/96
`
`MARK: (MISCELLANEOUS DESIGN)
`
`REGISTRANT: DC COMICS
`
`CORRESPONDENCE ADDRESS:
`N
`A.
`
`BLVD‘
`BLDG,’
`C-A
`
`Please furnish the following
`in all correspondence:
`. Your phone number and zip code.
`. Affidavit-Renewal Examiner's name.
`. Mailing date of this action.
`. The address of all correspondence
`the words "Box 5".
`not containing fees should include
`. Registration No.
`
`RECEIPT IS ACKNOWLEDGED OF THE SUBMITTED REQUEST UNDER:
`
`SECTION 8 OF THE TRADEMARK STATUTE AND 37 CFR SECS. 2.161-2.166.
`
`SECTION 15 OF THE TRADEMARK STATUTE AND 37 CFR SECS. 2.167-2.168.
`
`YOUR REQUEST FULFILLS THE STATUTORY REQUIREMENTS AND HAS BEEN ACCEPTED.
`
`
`FRANCES A. PFOHL
`_
`AFFIDAVIT-RENEWAL EXAMINER
`TRADEMARK EXAMINING OPERATION
`(703) 308-9500 EXT.
`‘I27
`
`
`
`.'
`
`._
`,
`A
`.2
`.
`7 —v_‘'.;'.
`Registration Date:
`Class:
`Registrant:
`
`BAT EMBLEM
`1581593
`February 6, 1990
`21
`DC Comics
`
`COMBINED AFFIDAVIT OF USE AND INCONTESTABILITY
`F A MARK UNDER SECTIONS 8 AND 15 WITH DECLARATION
`0___:______________._____j
`
`I, Nils V. Montan, declare that I am Assistant Secremry of Warner Communications Inc. ,
`a general partner of DCW Comics, a New Ygrk general partnership composed of Warner
`Communications, Inc. a Delaware Corporation and TimeWarner Entertainment Company, L.P. ,
`a Delaware Limited Partnership composed of American Television and Communications
`
`Corporation,
`
`a_¢VDelaware corporation; Capital Cablevision Systems,
`
`Inc., a New York
`
`corporation; Memphis CATV, Inc., a Tennessee corporation; People’s Cable Corporation, a
`
`New York corporation; Time Warner Operations Inc., a Delaware corporation; Warner
`
`Communications Inc. , a Delaware corporation; Warner Cable Communications Inc. , a Delaware
`
`corporation; Warner Communications, Inc. , a Delaware corporation, and am authorized to make
`
`this declaration on behalf of said partnership; that said partnership is the owner of the above-
`
`identified registration issued on February 6, 1990, as shown by records in the Patent and
`Trademark Office;
`that the mark shown therein has been in continuous use in interstate
`commerce for five consecutive years from the date of registration to the present on or in
`
`connection with $11 of the goods specified in the certificate of registration; that said mark is in
`\.«--~
`‘
`use in interstate coiiiinerce as evidenced by the attached specimen showing the mark as currently
`I
`2525: JJ
`E}.'5'.r"€?if‘?«.‘.‘~
`used; that there has been rib/iinal decision adverse to Régisiian ?§ clairn5-‘ti?-é3\‘7iv"L1*i)ér/ship of said
`
`
`
`mark for such goods, or to Registrant’s right to register the same or maintain it on the register;
`and that there is novproceeding involving any of said rights pending
`not disposed of either
`
`in the Patent and Trademark Office or in the courts.
`
`I declare further that all statements made herein are trtie that these statements were
`
`made with the knowledge that willful false statements and the like are punishable by fine or
`
`imprisonment, or both, under Section 100\fiif Title 18 of the United States Code and that such
`
`willful false statements may jeopardize the validity of the document and the registration to which
`
`it relates.
`
`Applicant hereby revokes all previous powers of attorney and appoints Nils Victor
`
`Montan, Esq. and Dale Ellen Nelson, Esq. , Members of the Bar of the State of California, and
`Elise A. Tenen, Esq., a Member of the Bars of the States of California and Maryland and a
`
`Member of the Washington, D.C. Bar, and Cindy E. Nelson, Esq. , a Member of the Bar of the
`
`State of New York, 4000 Warner Blvd., Triangle Building, 2nd Floor, Burbank, California,
`
`91522,
`
`to prosecute the application to register,
`
`to transact all business in the Patent and
`
`Trademark Office in connection therewith, and to receive the Certificate of Registration.
`
`Please address all correspondence to:
`
`Elise A. Tenen, Esq.
`Warner Bros.
`4000 Warner Blvd.
`
`Triangle Bldg., 2nd Floor
`Burbank, California 91522
`
`(818) 954—4956
`
`‘F
`
`1'-‘W-""‘-V I
`
`‘W
`
`3
`
`/I .
`
`/-'
`
`\/
`
`Dated:
`
`DC CS W
`.
`\/.(J/x OJ-*
`
`.
`
`‘
`
`V,
`
`By.
`
`Nils Victor Montan, as Assistant Secretary
`of Warner Communications Inc. , a general
`partner of Applicant
`
`
`
`
`
`EXPRESS MAIL CERTIFICATE
`
`Date; February 5, 1996
`
`L3_be1N0_;
`
`EF731355555US
`
`I hereby certify that, on the date indicated above I deposited this paper or fee with the
`
`U.S. Postal Service and that it was addressed for delivery to the Assistant Commissioner of
`
`Patents and Trademarks, U. S. Patent and Trademark Office, 2900 Crystal Drive, Arlington,
`
`Virginia 22202-3513 by "Express Mail Post Office to Addressee" service.
`
`
`
`WARNER BROS.
`
`4000 Wamer Boulevard
`Burbank. Califumia 91522
`(818) 954-3953
`Fax: (818) 9544501
`
`1996
`
`.
`
`- ellect C \ Props:
`—
`_
`_
`
`'
`
`February 5, 1996
`
`Assistant Commissioner of Trademarks
`U.S. Patent & Trademark Office
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Re:
`
`Registration No.:
`Mark:
`
`1581593
`BAT EMBLEM
`
`Registrant:
`
`DC Comics
`
`Dear Sir or Madam:
`
`Enclosed are the following:
`
`1.
`
`Declaration under Sections 8 and 15 of the Trademark Act of 1946 with Power of
`Attorney for the trademark, Registration No. 1581593.
`
`One specimen showing the mark as currently used.
`
`A self-addressed postcard which should be stamped by the mailroom and returned to the
`undersigned to acknowledge receipt of this document.
`
`A deposit account order form authorizing payment of the $200.00 filing fee from our DC
`Comics account number 04/0400.
`
`Please address all correspondence to:
`
`Thank you.
`
`Cindy E. Nelson, Esq.
`Elise A. Tenen, Esq.
`
`V ours,
`
`Ji1 White
`
`A Time Warner Entertainment Company
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`s0uc\T0R
`
`COMISSIONER OF
`Washi
`
`20231
`DEAR COMMISfi£qHfi§fi&TmBMWKOfiEE
`
`Title 15, Chapter 22, U.S.C., §1116,
`In compliance with
`was filed on the 30th day of April,
`you are advised that there
`entitled:
`1996,
`in this court an action, No. 96-3400,
`
`NAME
`
`INC.
`DISNEY ENTERPRISES,
`TIME WARNER ENTERTAINMENT COMPANY, L.P.
`DC COMICS
`SABAN ENTERTAINMENT,
`
`INC.
`
`ver S115
`
`BUTTON MASTER
`INC.
`P.C.P,
`PHILIP CECCOLA
`
`involving the following registered trademark(s):
`
`1,293,720;
`1,284,867;
`1,879,566;
`1,868,427;
`1,872,619;
`1,873,917;
`1,872,561;
`1,581,416;
`1,581,725;
`1,063,966;
`
`1,266,339;
`1,280,759;
`966,881;
`1,235,144;
`1,294,386;
`1,290,368;
`1,294,387;
`1,263,070;
`1,879,822;
`1,879,821;
`1,872,562;
`1,872,565;
`1,872,565;
`1,873,919;
`1,872,300;
`1,869,769;
`1,872,564;
`1,872,563;
`1,873,923;
`1,873,920;
`1,873,921;
`1,872,567;
`1,872,566;
`1,873,657;
`1,049,653;
`856,045;
`1,521,037;
`1,872,568;
`1,575,040; 1,581,593; 1,581,659;
`1,585,623;
`1,256,974; 858,860;
`382,770;
`1,629,332;
`1,236,489; 1,052,503; 1,179,342; 1,262,504
`
`1,280,778;
`1,518,022;
`1,879,823;
`1,873,922;
`1,872,559;
`1,872,569;
`1,581,256;
`1,581,676;
`1,294,617;
`
`Date April 30, 1996
`
`civ649.frm
`
`JMICHELLE FIELD
`
`Deputy Clerk
`
`
`
`‘ A0 12:: (Rev. 5190»
`
`i
`
`-
`
`TO.
`‘
`
`'
`
`%
`
`'
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`Ac-"ON REGARDING A PATENT on
`Commissioner of Patents and Trademarks
`g
`‘
`‘
`‘
`_
`’
`g
`V
`<
`Washington, D.C. 20231
`in Compliance with 35 § 290 andlor 15 U.S.é. ‘§.11'16 yon are heteby edvisad that a court action has been
`filed in the U.S. District®un on the foii_ow>i_ngAi
`Ei Patents or
`E! Trademarks:
`oocxer No.
`iu.s.onsTmcT coum, Central District of California
`cv 95-H921 ABC
`,3l2 North spr1ng street, Los Angeles, CA
`90012
`DEFENDANT
`PLAINTIFF
`
`TIME WARNER ENTERTAINMENT COMPANY, L.P. ,
`et al.
`
`KJ, et al.
`
`m§3EfA"A‘;afl'}4°_
`
`%’§"$§fD§‘§,Tf,§fl
`
`HOLDER OF PATENT on TRADEMARK
`
`DATE INCLUDED
`
`9 INCLUDED av
`
`Ci Amendment
`
`E Answer
`
`Ci Cross Bill
`
`Ci Other Pleading
`
`TR:3E'mTR‘,2'1l°_
`
`%‘g$F3fDEQ|TfF';fl
`
`HOLDER OF PATENT on TRADEMARK
`
`1
`
`in the above-entitled case. the foilowing decision has been rendered or judgment issued:
`DECISIONIJUDGM ENT
`
`(BY) DEPUTY CLERK
`
`FRANK E. GOODROE
`
`Copy 1—Upon initiation of action, mail this copy to Commissioner Copy 3—Upon lamination of action, moi
`Copy 2—Upon tiling document adding potont(s), mail this copy to commissioner Copy 4—Cuo tile copy
`
`I this copy to Commissioner
`
`
`
`TRADEMARK NO.
`
`1.
`
`856,045
`
`2.
`
`1 ,049,653
`
`3.
`
`1,581,256
`
`4.
`
`1,581,416
`
`5.
`
`1,585,623
`
`6.
`
`1,575,040
`
`7.
`
`1,581,593
`
`8.
`
`1,581,659
`
`9.
`
`1,581,676
`
`10. 1,581,725
`
`11. 1,629,332
`
`12.
`
`382,770
`
`13. 1,256,974
`
`14.
`
`858,860
`
`15. 1,284,617
`
`16. 1,063,966
`
`17. 1,236,489
`
`.18. 1,052,503
`
`IP\7529l\00()79\'1'RADEMAR.DC
`
`HOLDER OF
`TRADEMARK
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, me.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`Detective Comics, Inc.
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`
`
`A0 120 (Rev. 6/90)
`
`C
`
`issionor of Patents and 1i'ademarks
`20231
`
`REIPORT on THE
`FILING on DETERMINATION OF AN
`~="°~ RE$;§g,gg;;KPATE~T on
`
`in Compliance with 35 § 290 andlor 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the u.s. Districtmun on the following
`
`El Patents or
`
`X: Tradematks:
`
`CV 95"8577'SVW
`PLAINTIFF
`
`12/18/95
`
`312 North Scrin; Street Los An;eles
`DEFENDANT
`
`TIME WARNER ENTERTAINMENT COMPANY, L.P.,
`et al.
`
`28 ANGELS CO., et al}
`:7
`//
`
`TR§3E§mq2‘}4°_
`
`%’;I$,3fD’;§,Tf,§“,;'
`
`HOLDER OF PATENT on TRADEMARK
`
`1
`
`(PLEASE SEE ‘TTACHED LIST)
`
`In the above-entitled case, the following patent(s) have been included:
`
`Cl Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`in the above-entitled case, the following decision has been rendered or judgment issued:
`DECISIONIJUDGMENT
`
`(BY) DEPUTY CLERK ml?‘ 3''!
`w |
`‘
`'
`.,;
`I-‘,;\,:駗.'1...§\‘-.—
`
`Copy 1—Upon initiation oi action, mail this copy to Commluionor Copy 3—Upon termination oi action, mail this copy to Commissioner
`copy 2—Upon tiling document adding pntontis), mail this copy to Commissioner Copy 4—caso file copy
`
`
`
`TRADEMARK NO.
`
`1.
`
`856,045
`
`2.
`
`1,049,653
`
`3.
`
`1,146,868
`
`4.
`
`1,146,868
`
`5.
`
`1,581,416
`
`6.
`
`1,535,623
`
`7.
`
`1,575,040
`
`3.
`
`1,531,593
`
`9.
`
`1,531,659
`
`10. 1,531,676
`
`11. 1,531,725
`
`12. 1,629,332
`
`13.
`
`332,770
`
`14. 1,256,974
`
`15.
`
`858,860
`
`16. 1,294,617
`
`17. 1,063,966
`
`13. 1,236,439
`
`IP\'I5291\00U79\TRADEMAR.DC
`
`HOLDER OF
`TRADER/IARK
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`DC Comics, Inc.
`
`Detective Comics, Inc.
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`DC Comics, Inc.
`
`National Periodical
`Publications, Inc.
`
`DC Comics, Inc.
`
`
`
`UNITED STATES, ~"‘-:":PARTMIEiNT OF COMMERCE
`Patent and Trac. N ark Office
`ASSISTANT SECRETARY AND COMMISSIONER
`OF PATENTS AND TRADEMARKS
`Washington. D.C. 20231
`
`NOTICE OF PUBLICATION UNDER 12(a)
`
`1. Serial No.:
`73/807.508
`
`2. Mark:
`
`Miscellaneous Design
`
`3. Applicant:
`DC COMICS INC.
`
`4. Pub.lication Date:
`Nov.
`IA, 1989
`
`The mark of the application above identified appears to be entitled to registration. The
`mark will,
`in accordance with Section 12(3) of the Trademark Act of 1946, be
`published in the Official Gazette on the date indicated above for the purpose of
`opposition by any person who believes he will be damaged by the registration of the
`mark.
`if no opposition is filed within the time specified by Section 13 of the Statute or
`by rules 2.101 and 2.102 of the Trademark Rules, the Commissioner of Patents and
`'
`Trademarks may issue a certificate of registration.
`1
`
`Copies of the trademark portion of the Official Gazette containing the publication of the
`mark may be obtained at
`$9.50 each for domestic orders, or at $1 I .88each
`for foreign orders from:
`
`The Superintendent of Documents
`U.S. Government Printing Office
`Washington,D.C. 20402
`
`By direction of the Commissioner.
`
`
`
`IAN JAY KAUFMAN
`LADAS 8 PARRY
`26 WEST 6IST STREET
`LINCOLN CENTER
`NEW YORK, NY
`
`10023
`
`
`
`Reviewer:
`
`- Jflfltaififl
`
`Ofc: _5___ Date:
`
`PUBLICATION/REGISTRATION REVIEW WORK SHEET
`
`AII
`Thla appIlcatIon waa reviewed tot pubttcatlon/ragIetratIon.
`Intormatlon In the database matchee all Information contalned
`In the me wra er and no correctlone to the database were re
`INSTRUCTIONS:
`if information in the data base does not match information in the file wrapper, the reviewer should check( ) the item
`in Column 2. Aftercotrection text editi
`- .Column3shou!dbechecked w/.
`NOTE: RETAIN IN FILE WRAPPER
`1
`2
`3
`4
`
`t:
`
`not Found Durlng fievlew Requlrlng Amendment o
`
`«IA
`«I ‘
`Code
`EIKZVLIZ Words
`j_ MarkT --
`jj Reistor:
`
`n... —
`
`Ctase Status Date:
`
`Inactive
`Active
`—_ Class Status:
`Redass‘
`Delete
`Add
`—— International Class:
`Redass'
`Delete
`Add
`‘— U.S. Class:
`--
`—_
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`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Dc Comics, Inc.
`
`807508
`
`June 19,
`
`1989
`
`Trademark
`
`Bat Emblem
`
`Class No.
`
`21
`
`_
`Law Office:
`
`5
`
`Examiner: Teresa Rupp
`
`Box 5
`
`V O L U N T A R Y
`
`R E S P O N S E
`
`Commissioner of Patents and Trademarks
`
`Washington, D.C.
`
`20231
`
`Dear Sir:
`
`=2HaLI3flV,69
`
`1.
`
`The Examining Attorney has requested a copyagf
`
`pertinent portions of the licensing agreement which establish
`
`extent of the applicant's control over the nature and quality of
`
`the goods.
`
`The
`
`applicant hereby submits
`
`a
`
`copy of
`
`said
`
`provisions with a copy of the title page and the signature page
`
`identifying the document.
`
`2.
`
`As
`
`agreed upon
`
`in the telephone
`
`conversation
`
`between this office and the Examining Attorney on July 31, 1989,
`
`only one submission per class has been required due to the number
`
`of licensing agreements involved. All other licensing agreements
`
`contain the same provisions as to applicant's control over the
`
`nature and quality of the respective goods.
`
`3.
`
`Pursuant to the Examining Attorney's request,
`
`the
`
`applicant hereby amends
`
`the item "rubber cup holders" to "cup
`
`holders" in the identification of goods.
`
`
`
`4.
`Should the Examining Attorney have any further
`questions concerning the subject application,
`she is asked to
`
`Date: August 9, 1989
`IJK:BP:jk
`26 West 61st Street
`New York, NY 10023
`(212) 708-1810
`(Our File:
`NY 18901430-2)
`
`A _‘r Applicant
`
`1
`
`5
`
`CERTIFICATE OF MAILING
`
`I hereby certify that ‘mis correspondence is being deposited
`with the United States Postal Service as first class mail in an
`envelope addressed to: Commissioner of Patents and Trademarks,
`Washington, D.C. 20231, on the date appearing below.
`@ j Augggt 9, 1989
`Date
`
`
`
`RETAIL LICENSE
`
`LICENSING COMPANY OF AMERICA 5090595
`
`ucsmse AGREEMENT made Ma rch 14
`
`. 19 88, by and between DC Comics Inc.. c/0 Licensing Company
`
`of America. 75 Flocketeller Plaza. New York. New York 10019 (hereinafter referred to as "Licensor'), and
`
`BETRAS PLASTICS.
`
`I c.
`
`‘whose addmssis
`
`P.0. Box 6325, S artanbur , S.C.
`
`29304
`
`'
`;
` tt"COII" D31
`
`. __
`
`__
`
`..
`-
`..
`‘
`(herernatter referred to as Lrcensee ).
`
`
`
`APPROVALS AND QUALITY CONTROLS.
`The Licensee agrees to comply and maintain compliance with the quality standards and specifications of Licensor in
`respect of all usage of the Name and Character on or in relation to the Licensed Product(s) throughout the term of
`this Agreement and any renewals or extensions thereof. Licensee agrees to furnish to Licensor tree of cost for its
`written approval as to quality and style samples of each of the Licensed Product(s), together with their packaging,
`(a) rough sketches or layout con-
`hang tags and wrapping material as follows in the successive stages indicated:
`(d) finished products, including
`cepts: (b) finished artwork or final proofs; (c) pre-production samples or strike-offs;
`packaged samples.
`
`
`
`he Licensed Product and no m'~“'~.rial whatever utilizing the Name and Char'—"*ter shall be manufactured, sold oi-
`Qistribuied or promoted by the Lice _
`A ee without such prior written approval. Tr. _
`censee may. subject to Licensors
`'
`aining to the'Name and Character ‘on such promotional,
`__fg,r written approval. use textual andlor pictorial matter pert
`.
`g material as may, in its reasonable judgment, promote the sale ol the Licensed Product(s). All
`display and advertlsin g
`'
`A
`V
`y
`A
`.
`advertising and promotional materials relating to the Licensed Product(s) must be submitted to the Licensor for its
`written approval at the following stages appropriate to the medium used. For print materials. submissions are to be
`made at the following stages: (a) rough sketches or layout concepts: (b) finished artwork or final proofs: and (c)
`finished materials. For television commercials. the approval stages are: (a) initial concept; (b) storyboard. including
`written text; (c) pencil tests and voiceovers for animation andlor selection of performers for live action: and (d) a
`cassette of the finished commercial prior to air date. For radio or other audio materials the stages are: (a) initial
`concept: (b) script; (c) voiceovers: and (d) a cassette of the finished commercial prior to the air date.
`ions upon Licensee with respect to "live action" representations
`Licensor may. in its sole discretion. impose restrict d with the Name and Character and Licensee shall adhere to
`of the comic book characters comprising or associate
`any such restrictions of which it is advised in writing by Licensor.
`e required to be made to any material submitted to Licensor for its written
`If any changes or modifications ar
`ce with Licensor's specifications or standards of quality. Licensee agrees
`approval in order to insure complian
`difications. Subsequent to final approval. no fewer than twelve (12) production
`promptly to make such changes or mo
`sent to Licensor, upon Licensor's request therefor and in any
`samples of Licensed Product(s) will periodically be
`addition Licensor shall have the right to purchase any and all
`event once each year, to insure quality control. In
`harges its best customer at the maximum discount price.
`Licensed Product(s) in any quantity at the price Licensee c
`
`
`
`A’his instrument. when signed by License/*“‘.hall be deemed an application for a
`.. ..ent unless and until accepted by LCA by 2
`‘nature of a duly authorized officer and
`the delivery of such a signed copy to Licensee. The receipt and/or deposit by LCA of any check or other consideration
`' given by Licensee and/or the delivery of any material by LCA to Licensee shall not be deemed an acceptance by LCAof
`ication. The foregoing shall apply to any documents relating to renewals or modifications hereof.
`
`this appl
`
`IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the day and year first above written.
`
`LICENSOR:
`
`DC COMICS
`
`K etzky. Vic
`Affairs and International
`
`
`
`J
`
`If
`
`Ulsi DEPARTMNT OF COMMERCE — Patent and Trademark Office
`
`IN REPLY REFER TO THE FOLLOWING AND THE FILING DATE:
`
`SERIAL NO.
`??Ffifi?W0$ DU
`
`Fflfifffi
`
`APPUCANT
`WHF:
`
`MARK
`
`. MIECELLAHFHUE BEGTEM
`ADDRESS
`5-:‘H5
`
`fiLLfiH
`Ln.
`*“} 5‘.
`5 H
`
`PILSBM
`PfiRfiY'
`5:91 fi7n£tT
`ME?)
`LIHCULH
`CENTER
`NY
`NEW YORK:
`
`100??
`
`FORM PTO-1525 (2-84) ., -
`
`US, DEPT. OF COMM. PAT. 8: TM OFFICE , ,
`
`ACTKDNIHO.
`
`GI
`
`MAHJNG DATE
`
`nnrnfizafi
`
`Paper No.
`ADDRESS:
`Commissioner of
`Patents and
`Trademarks
`
`Washington ,
`20231
`
`DC
`
`The address of
`all correspondence
`not containing fee
`payments should
`include the word
`"Box 5."
`
`Also furnish:
`(3) Examining
`(2) The mark,
`(1) Serial number of application,
`(4) Mailing date of this action, and
`Attorney's name and Law Office number,
`telephone number and zip
`(or applicant's attorney),
`(5) Applicant's name
`code.
`
`A PROPER RESPONSE TO THIS OFFICE ACTION MUST BE RECEIVED WITHIN 6 MONTHS
`FROM THE DATE OF THIS ACTION IN ORDER TO AVOID ABANDONMENT.
`
`0872 807508
`
`following confirms the telephone conversation of July 31, 1989 with
`The
`Linda Berkowitz.
`If the Applicant submits the items listed below within
`two months of the above mailing date,
`the Examining Attorney will give
`priority to the handling of the amended application.
`The six—month final
`deadline for filing a response specified above remains in effect.
`
`The applicant asserts that it controls the nature and quality of the goods
`through a licensing agreement.
`The applicant must submit either (1) copies
`of the title and signature pages of the agreement and portions relevant to
`the Applicant's control over the nature and quality of
`the goods or
`(2) an
`explanation summarizing the method of control
`identifying the date of and
`the parties to the agreement.
`TMEP section l20l.08(a).
`
`Applicant has agreed to amend the terminology "rubber cup holder" to cup
`holder".
`
`
`
`08/é 807508
`
`The Examining Attorney has searched the Office records and has found no
`similar registered or pending mark which would bar registration under
`Trademark Act Section 2(d), 15 U.S.C. Section 1052(d)
`(1986). TMEP section
`1105.01.
`
`TR:rrp/3
`
`%5
`
`pp
`Teresa
`Senior Attorney, Law Office 5
`(703) 557-4480
`
`
`
`UNITED STAWS DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`ASSISTANT SECRETARY AND COMMISSIONER
`OF PATENTS AND TRADEMARKS
`Washington, D.('.‘.. 20231
`
`Allan S. Pilson
`Ladas & Parry
`26 West 61 Street
`New York, N.Y.
`10023
`
`Re: Trademark Application serial No. 73/807508 for the mark
`MISCELLANEOUS DESIGN
`
`Dear Mr. Pilson:
`
`Your Petition to the Commissioner to Make Special under 37 CFR
`Section 2.146 filed June 19, 1989 is granted.
`
`Please address all correspondence to the Commissioner of Patents
`and Trademarks, Washington, DC 20231 and furnish your zip code and
`telephone number. All mail pertaining to trademark applications
`and not containing a fee should be addressed to the attention of
`Box 5.
`
`—
`
`Sincerely,
`
`Jessie N. Marshall
`Petitions and Classification Attorney
`By ORDER OF THE ADMINISTRATOR
`FOR TRADEMARK OPERATIONS
`(703) 557-3268
`
`JNM/ddm
`
`
`
`~@wwi%L%%
`
`IN THE UNITED STATES PA
`
`Applicant
`Trademark
`
`AT_
`..
`DC Comicskmdlaggsfiggfifig
`:
`v~ ,
`: Bat Emblem
`«._______
`
`‘D TRADEMARK OFFICE
`
`H/807508
`I
`/;f
`-*i{
`M
`in
`
`‘F
`7‘
`
`.
`
`22>:
`
`Class No.
`
`:
`
`Application No.:
`
`Filed
`
`PETITION TO MAKE SPECIAL UNDER TMEP
`I____________________________._
`102.04 AND 37 CFR SECTION 2.146
`
`Commissioner of Patents and Trademarks
`Washington, D.C.
`20231
`
`Dear Sir:
`
`1.
`
`Applicant
`
`respectfully requests
`
`that
`
`the
`
`subject
`
`application be made "Special" and thereby taken out of turn for
`
`prompt prosecution.
`
`2.
`
`Applicant's new film entitled "BATMAN"
`
`is scheduled
`
`for
`
`imminent
`
`release throughout
`
`the United States on June 23,
`
`1989,
`
`trailers of which have been seen in theaters for several
`
`weeks.
`
`As
`
`a
`
`result of
`
`the notoriety of
`
`the film and its
`
`attendant publicity, applicant has become aware that unauthorized
`
`and/or counterfeit goods bearing the trademark "Bat Emblem" have
`
`already been found in the marketplace. Therefore, applicant may
`
`find it
`
`necessary to take
`
`legal
`
`action with
`
`respect
`
`to
`
`unauthorized use
`
`of
`
`the Bat Emblem,
`
`in which
`
`connection,
`
`applicant requires a certificate of registration in order to be
`
`in a position to take the most effective action.
`Applicant submits herewith its attorneys Check No.TM 01635
`
`in the amount of $100.00 to cover
`
`the Official
`
`fee for
`
`EXPRESS mzz mam.
`I0. 8 ‘I568 ‘L530
`
`
`
`this Petition.
`
`Applicant
`
`looks
`
`forward
`
`to receipt
`
`of official
`
`confirmation that the request stated herein has been granted by
`
`returning the attached copy of
`
`this Petition with the relevant
`
`notation thereon to its attorneys of record.
`
`Respectfully submitted,
`
`DC Comics Inc.
`
`/M1140
`;.
`ignature of officer)
`
`sisunm Same
`(title)
`
`.
`
`2
`
`1989
`(date)
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited
`with the United States Postal Service as first class mail
`in an
`envelope addressed to: Commissioner of Patents and Trademarks,
`Washington, D.C. 20231, on the date appearing below.
`‘fig’I = C é:.¢l@4c.__
`M./4/M
`Nicholas V. Calandra
`Date
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`:
`
`DC Comics Inc.
`
`Trademark
`
`: Bat Emblem
`
`Class No.
`
`:
`
`21
`
`Application No.:
`
`Filed
`
`PETITION TO MAKE SPECIAL UNDER TMEP
`102.04 AND 37 CFR SECTION 2.146
`I____________________________
`
`Commissioner of Patents and Trademarks
`Washington, D.C.
`20231
`
`Dear Sir:
`
`1.
`
`Applicant
`
`respectfully requests
`
`that
`
`the
`
`subject
`
`application be made "Special" and thereby taken out of turn for
`
`prompt prosecution.
`
`2.
`
`Applicant's new film entitled "BATMAN"
`
`is scheduled
`
`for
`
`imminent
`
`release throughout
`
`the United States on June 23,
`
`1989,
`
`trailers of which have been seen in theaters for several
`
`weeks.
`
`As
`
`a
`
`result of
`
`the notoriety of
`
`the film and its
`
`attendant publicity, applicant has become aware that unauthorized
`
`and/or counterfeit goods bearing the trademark "Bat Emblem" have
`
`already been found in the marketplace. Therefore, applicant may
`
`find it
`
`necessary
`
`to take
`
`legal
`
`action with
`
`respect
`
`to
`
`unauthorized use
`
`of
`
`the Bat Emblem,
`
`in which
`
`connection,
`
`applicant requires a certificate of registration in order to be
`
`in a position to take the most effective action.
`Applicant submits herewith its attorneys Check No. W"flA3§
`
`in the amount of $100.00 to cover
`
`the Official
`
`fee for
`
`IXHHSS MAU3I£3EL
`110.3 t3’~"S 6 >530
`
`
`
`this Petition.
`
`Applicant
`
`looks
`
`forward
`
`to
`
`receipt
`
`of official
`
`confirmation that the request stated herein has been granted by
`
`returning the attached copy of this Petition with the relevant
`
`notation thereon to its attorneys of record.
`
`Respectfully submitted,
`
`g,DC Comics Inc.
`
`'gnature of officer)
`
`(title)
`
`June 12, 1989
`(date)
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this correspondence is being deposited
`with the United States Postal Service as first class mail
`in an
`envelope addressed to: Commissioner of Patents and Trademarks,
`Washington, D.C. 20231, on the date appearing below.
`
`Nicholas V. Calandra
`
`Date
`
`EXPRESS RAHLIABEQ
`fiLBs36oLf}°
`
`
`
` TRADEMARK (SERVICE MARK) APPLICATION
`
`g::: z-.;1:: EI§l:)Llem/ 00
`
`/7.f7a_,,=>—z.’fO/' UNITED .<.y1€.*ré§L’="
`’
`DOMESTIC CORPORATION
`USE IN COMMERCE
`‘
`
`m3) 0 the Commissioner of Patents and Trademarks:
`the
`¥¥=
`DC COMICS INC,/a corporation organized and existing under the laws of
`N. State of New York, with an office at 666 Fifth Avenue, City of New York,
`var State of New York 10103/'United States of America
`f A7’has adopted and is using the trademark (service mark)
`shown in the
`fig?
`icfifigpifigigi/drawing fo plastic cups, plastic bottles,E§afi%§cup holders,
`and request
`that said mark be registered in the United States Patent
`53K
`and Trademark Office on the Principal Register established by the Act
`Yy
`of July 5, 1946.
`
`The mark was first used on the goods at least as early as Mayr 1989:
`was first used in interstate commerce at least as early as May, 1939
`by aPP1lCant'S’liCenSee(s) and is now in use in such commerce.
`
`to the goods
`The mark is used by applying it
`and five (5) specimens showing the mark as actually used are presented
`herewith.
`
`, declares that(s)he
`Joan Pincus
`The undersigned
`of applicant and is authorized to
`ASSlStant Secretary
`is
`execute this declaration on behalf of said applicant;
`that(s)he believes
`said applicant to be the owner of the mark sought
`to be registered;
`that
`to the best of his(her) knowledge and belief no other person, firm, corpo-
`ration or association has the right to use said mark in commerce, either
`in the identical form or
`in such near resemblance thereto as may be likely
`when applied to the goods/services of such other person to cause confusion,
`or to cause mistake or to deceive;
`that all statements made herein of his
`(her) own knowledge are true and that all statements made on information
`and belief are believed to be true; and further that these statements were
`made with the knowledge that willful false statements and the like so made
`are punishable by fine or
`imprisonment, or both, under section 1001 of
`Title 18 of the United States Code and that such willful false statements
`may jeopardize the validity of the application or document or any registra-
`tion resulting therefrom.
`
`Applicant hereby appoints jointly and severally with full power of substi-
`tution, power of appointment of associate attorney, and power of revocation
`STEPHEN A. GOLDSMITH,
`IAN JAY KAUFMAN, FREDERICK REICHWALD, ALLAN S. PILSON,
`LINDA L. BERKOWITZ, ROBERT ALPERT, DANIEL F. ZENDEL, MELVIN SIME SKY,
`-¥£vW SUSAN L. COHEN members of the Bar of the State of New York, c/
`LADAS & PARRY,
`to prosecute
`26 West 61 Street, at Lincoln Center, New York, N.Y. 10023
`this application to register,
`to transact all business in the United States
`Patent and Trademark Office in connection therewith, and to receive the
`Certificate of Registration.
`
`DC COMICS INC .
`
`
`
`P753U2
`
`EXPRESS mm LABEE
`gm, B 13602530
`
`
`
`LAWOFFICES
`LADAS a»PAnnv
`
`K
`
`\
`
`26 WEST 6131 STREET
`
`NEW YORK. N.Y. 10023
`
`ELEPHONE
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