Commissioner of Patents
`P.0. Box 1450
`Alexandria. VA 22313-1450
`01'
`Commissioner of Trademarks
`P.0. Box 1451
`Alexandria, VA 22313-1451
`
`REPORT ON THE
`FILING on DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 § 290 and/or l5 U.S.C. § 1 116 you are hereby advised that a court action has been
`99»39+ 9s:71
`
`Colorado
`DATE FILED
`
`on the following
`U.S. DISTRICT COURT
`
`Tfademalks
`
`2/24/2009
`
`FOR THE DISTRICT OF COLORADO
`DEFENDANT
`Bombardier Recreational Products, Inc.
`
`"UU."."i{"0"antgsfie?-:12:OU3
`
`09-cv-003 83-REB-MEH
`
`Spyder Active Sports, Inc.
`
`PATENT OR
`
`DATE OF PATENT
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`N
`
`3
`
`1.639.-103'
`
`_)I‘l<5'D 15
`
`~:: °o
`
`Jfllil-339.
`
`4 E1371:
`
`Please see copy of Complaint attached hereto
`
`In the above—entitled case, the following patent(s) have been included:
`DATE INCLUDED
`INCLUDED BY
`
`El Amendment
`
`[I Answer
`
`D Cross Bill
`
`I] Other Pleading
`
`DATE OF PATENT
`
`HOLDER OF PATENT OR TRADEMARK
`
`n the above-—entitled case, the following decision has been rendered or judgement issued:
`DECISION/TU DGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`GREGORY C. LANG}-[AM
`
`Copy 1-—-Upon initiation of action, mail this copy to Commissioner Copy 3-Upon termination of action, mail this copy to
`Copy 2~——Upon filing document adding patent(s), mail this copy to Commissioner Copy 4——Case file copy
`
`_-
`
`PATENT OR
`
`-—___- I
`
`

`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`Civil Action No.
`
`SPYDER ACTIVE SPORTS, INC., a Colorado Corporation,
`
`Plaintiff,
`
`v.
`
`BOMBARDIER RECREATIONAL PRODUCTS, INC., a Canadian Corporation,
`
`Defendant.
`
`COMPLAINT
`
`Plaintiff Spyder Active Sports, Inc. (“Spyder”), in support of its Complaint against the
`
`Defendant Bombardier Recreational Products, Inc. (“BRP”) alleges and states as follows:
`
`INTRODUCTION
`
`1.
`
`This is an action for trademark infringement, trademark dilution, and ‘unfair
`
`competition resulting from BRP’s unauthorized use of the trademark SPYDER on outerwear
`
`jackets, outerwear pants, t-shirts, hats and other clothing items covered by Spyder’s U.S.
`
`trademark registrations. These claims arise under the Lanham Act, 15 USC. §§ 1051 et seq.,
`
`the Colorado Consumer Protection Act, C.R.S. § 6-1-101, et seq. and Colorado common law.
`
`

`
`PARTIES
`
`2.
`
`Plaintiff Spyder is a Colorado corporation with its principal place of business at
`
`4725 Walnut Street, Boulder, Colorado 80301. Spyder designs and sells a wide variety of sports
`
`clothing and accessories under the SPYDER brand, includingjackets and pants for skiing,
`
`snowmobiling and other outdoor activities, active wear clothing such as t-shirts, baseball caps,
`
`socks, hats, sweaters, sweatshirts, gloves, and other items for use by sports enthusiasts.
`
`3.
`
`Defendant Bombardier Recreational Products, Inc. (“BRP”) is a Canadian
`
`corporation with its principal place of business at 726 Saint-Joseph Street, Valcourt, QC JOE
`
`2L0. BRP designs and sells motorized recreational vehicles, such as snowmobiles, three-
`
`wheeled motorcycles and other all-terrain vehicles. BRP also produces and sells clothing,
`
`including jackets, pants, gloves, and other clothing items used by outdoor sports enthusiasts.
`
`JURISDICTION AND VENUE
`
`4.
`
`This action arises and is brought under the Lanham Act, 15 U.S.C. § 1051, er seq.,
`
`and the laws of the State of Colorado.
`
`5.
`
`Subject matterjurisdiction exists under 15 U.S.C. §§ 1121, 28 U.S.C. §§ 1331,
`
`1338 and l367(a).
`
`6.
`
`Personal jurisdiction is proper because BRP has infringed Spyder’s trademarks
`
`and sold infringing products in this district, which was directed at and caused harm to Spyder in
`
`this district. BRP lists seven Dealer locations in Colorado where consumers can purchase its
`
`infringing SPYDER branded clothing. See printout from BRP’s website, Exhibit 1.
`
`

`
`7.
`
`Venue is proper in the United States District Court for the District of Colorado
`
`pursuant to 28 U.S.C. § 139l(b)(2) and (c) because the acts of trademark infringement occurred
`
`in this district, and BRP’s conduct has impacted Spyder within this district.
`
`GENERAL ALLEGATIONS
`
`The SPYDER Trademark
`
`8.
`
`Since 1978, Spyder has been designing and selling outerwear and active wear
`
`using the trademark SPYDER.
`
`9.
`
`Spyder’s product line includes a wide variety of sports clothing and accessories,
`
`including jackets and pants for skiing, snowmobiling and other outdoor activities, active wear
`
`clothing such as t-shirts, baseball caps, socks, hats, sweaters, sweatshirts, gloves, and other items
`
`for use by sports enthusiasts.
`
`10.
`
`Every year Spyder makes millions of dollars in sales of clothing and accessories
`
`under the SPYDER brand. Spyder sells and distributes these products throughout the United
`
`States, Canada and in more than 38 countries outside of North America.
`
`11.
`
`Spyder has expended substantial time, money, and effort marketing and
`
`advertising its clothing products under the SPYDER brand. Every year Spyder spends millions
`
`of dollars marketing its SPYDER brand products through print advertising, television, trade
`
`shows, and its Internet website at www.spyder.com. Spyder also sponsors the United States
`
`Alpine Ski Team and has sponsorship agreements with a number of world famous athletes.
`
`12.
`
`As a result of Spyder’s decades of consistent use, its voluminous sales and
`
`marketing, and its athlete sponsorships, the SPYDER brand has become well known and famous.
`
`

`
`Recreational and competitive skiers, outdoor enthusiasts, and those interested in outdoor
`
`activities immediately recognize the SPYDER brand and associate it with Spyder’s products.
`
`Spyder’s Federal Trademark Registrations
`
`13.
`
`The United States Patent and Trademark Office (“PTO”) has granted Spyder
`
`federal trademark registrations for the SPYDER mark (word only and in combination with other
`
`design elements) for a wide variety of clothing products. The table below summarizes these
`
`registrations, and copies are attached as Exhibit 2.
`
`Registration
`N2
`
`SPYDER
`
`2,934,105
`
`SPYDER and Design
`,
`
`;
`
`2,750,548
`
`(Int’l Class: 25) Tee shirts; sweat shirts;
`button shirts; sweaters; fleece jackets;
`outerwear jackets; cotton jackets; denim
`pants; cotton pants; outerwear pants; skirts;
`socks; shoes; footwear; gloves; mittens;
`neck gaiters; 0ne~picce outerwear suits,
`namely snow suits, snowboard suits, and ski
`suits; tights; underwear; long underwear;
`cas; hats; belts
`(Int’l Class: 25) High performance sk.i
`clothing, namely jackets, pants, shells, bibs,
`one-piece suits, vests, stretch pants, turtle-
`neck shirts, caps, hats, scarves, gloves, and
`head bands; and athletic, recreational, and
`leisure wear, namely, sweatshirts, sweat
`tops, sweat pants, sweatsuits, rugby shirts,
`olo shirts, shorts, and caes
`
`SPYDER and Design
`5P)D.%
`
`1,492,382
`
`(lnt’l Class: 28) Protective forearm and shin
`guards used in ski racing
`
`SPYDER and Design
`
`1,281,632
`
`(Int’l Class: 25) Sweaters and t-shirts
`
`.$PJ®
`
`

`
`BRP’s Use of SPYDER on Clothing
`
`14.
`
`BRP recently began using the SPYDER trademark on clothing being sold in the
`
`United States (including in this district).
`
`15.
`
`BRP’s mark is identical to Spyder’s federally registered SPYDER trademark.
`
`BRP uses the unique spelling with a “y” as opposed to the more common traditional spelling
`44's!
`I
`
`with an
`
`(spider).
`
`16.
`
`BRP is using the SPYDER trademark on outerwear jackets, outerwear pants, t-
`
`shirts, hats and other clothing items that directly compete with Spyder’s products and that are
`
`covered by Spyder’s federal trademark registrations. For example, compare:
`
`said--W"13$
`
`,.
`
`BRP jacket using SPYDER mark
`
`Original Spyder jacket
`
`

`
`17.
`
`As a result of BRP’s use of the identical SPYDER mark on clothing used by
`
`outdoor sports enthusiasts, consumers are likely to mistakenly believe that the clothing products
`
`sold by BRP under the SPYDER brand emanate from, are sponsored by, or are otherwise
`
`affiliated with Spyder. Compare:
`
`.5'P)DE?
`
`swim-rm
`
`Example of Spyder’s use
`
`Example of BRP’s use
`
`18.
`
`BRP previously marketed and sold its line of clothing aimed at outdoor
`
`enthusiasts under the brand CAN-AM. Recently, BRP added the SPYDER trademark to the
`
`CAN-AM brand. The addition of the SPYDER trademark is likely to confuse consumers as to
`
`whether the clothing they purchased under the CAN-AM SPYDER brand was actually made for
`
`CAN-AM by Spyder or licensed to CAN-AM from Spyder.
`
`19.
`
`BRP’s use of Spyder on clothing is likely to cause confusion or mistake, or to
`
`deceive customers as to an affiliation, sponsorship, connection, or association of BRP with
`
`Spyder, or as to the affiliation, sponsorship, or approval of BRP’s clothing products by Spyder.
`
`FIRST CAUSE OF ACTION
`
`(Trademark Infringement under 15 U.S.C. § 1114)
`
`20.
`
`21.
`
`Spyder incorporates by reference the preceding allegations of this Complaint.
`
`BRP’s use of the trademark SPYDER to promote and sell clothing and outerwear
`
`is likely to cause confusion or mistake or to deceive customers as to an affiliation, sponsorship,
`
`connection, or association of BRP with Spyder, or as to the affiliation, sponsorship, or approval
`
`of BRP’s products by Spyder, all to Spyder’s harm in violation of 15 U.S.C. § 1114(1).
`
`

`
`22.
`
`BRP’s use of the SPYDER mark constitutes trademark infringement within the
`
`meaning of Section 32(1) ofthe Lanham Act, 15 U.S.C. § 1114(1).
`
`23.
`
`BRP received actual and constructive notice of Spyder’s use of, and senior rights
`
`in, the SPYDER trademarks. By acting with this knowledge, BRP has willfully and deliberately
`
`infringed Spyder’s trademark rights.
`
`24.
`
`BRP’s trademark infringement has caused and continues to cause irreparable
`
`injury to the value and goodwill of Spyder’s trademarks, as well as irreparable injury to Spyder’s
`
`business, goodwill, and reputation. Spyder has no adequate remedy at law because damages are
`
`difficult to ascertain.
`
`25.
`
`Spyder is entitled to temporary, preliminary, and permanent injunctive relief and
`
`an award of BRP’s profits, actual damages, treble damages, attorneys’ fees, costs and interest.
`
`SECOND CAUSE OF ACTION
`
`(Trademark Infringement under 15 U.S.C. § 1125(a))
`
`26.
`
`27.
`
`Spyder incorporates by reference the preceding allegations of this Complaint.
`
`BRP’s use of the SPYDER mark to promote and sell its clothing and outerwear is
`
`likely to cause confusion or mistake, or to deceive customers as to an affiliation, sponsorship,
`
`connection, or association of BRP with Spyder, or as to the affiliation, sponsorship, or approval
`
`of BRP’s products by Spyder, all to Spyder’s harm in violation of 15 U.S.C. § l125(a).
`
`28.
`
`BRP’s use of the SPYDER mark constitutes unfair competition, false designation
`
`of origin, and false descriptions and representations within the meaning of Section 43(a) of the
`
`Lanham Act, 15 U.S.C. § ll25(a).
`
`

`
`29.
`
`BRP received actual and constructive notice of Spyder’s use of, and senior rights
`
`in, the SPYDER trademark. By acting with this knowledge, BRP has willfully and deliberately
`
`infringed Spyder’s trademark rights.
`
`30.
`
`BRP’s conduct has caused, and continues to cause, irreparable injury to the value
`
`and goodwill of Spyder’s trademarks, as well as irreparable injury to Spyder’s business,
`
`goodwill, and reputation. Spyder has no adequate remedy at law because damages are difficult
`
`to ascertain.
`
`31.
`
`Spyder is entitled to temporary, preliminary, and permanent injunctive relief and
`
`an award of BRP’s profits, actual damages, treble damages, attorneys’ fees, costs and interest.
`
`THIRD CAUSE OF ACTION
`
`(Dilution of a Famous Mark Pursuant to Section 43(c)
`of the Lanham Act, 15 U.S.C. § ll25(c))
`
`32.
`
`33.
`
`Spyder incorporates by reference the preceding allegations of this Complaint.
`
`The SPYDER trademark is distinctive and famous and was distinctive and
`
`famous, as that tenn is defined in 15 U.S.C. § 1125(c), at the time BRP commenced use of the
`
`SPYDER mark.
`
`34.
`
`BR.P’s use of the SPYDER mark is tarnishing or blurring and causing actual
`
`dilution or a likelihood of dilution to the famous SPYDER trademark and the goodwill
`
`associated with that mark.
`
`35.
`
`BRP’s conduct as set forth herein constitutes dilution of famous marks pursuant to
`
`§ 43(c) ofthe Lanham Act, 15 U.S.C. § 1125(0).
`
`

`
`36.
`
`BRP had actual knowledge of Spyder’s use of and rights in the SPYDER
`
`trademarks prior to its unlawful use of the SPYDER mark. By acting with such knowledge, BRP
`
`has willfully and deliberately tarnished or blurred and diluted Spyder’s trademark rights.
`
`37.
`
`Spyder has been irreparably injured by BRP’s willful acts and has no adequate
`
`remedy at law.
`
`38.
`
`Spyder is entitled to temporary, preliminary, and permanent injunctive relief and
`
`an award of BRP’s profits, actual damages, treble damages, attorneys’ fees, costs and interest.
`
`FOURTH CAUSE OF ACTION
`
`(Violation of Colorado Consumer Protection Act, C.R.S. § 6-1-101, et seq.)
`
`39.
`
`Spyder incorporates by reference the preceding allegations of this Complaint.
`
`40.
`
`BRP has engaged in deceptive trade practices in violation of Colo. Rev. Stat.
`
`§ 6-l-l05(a), (b), and (c).
`
`41.
`
`In the course of its business, BRP has knowingly passed off products as those of
`
`Spyder, knowingly made false representations as to the source, sponsorship, and approval of its
`
`products, and knowingly made false representations as to afliliation, connection, or association
`
`of its products with Spyder.
`
`42.
`
`BRP’s deceptive trade practices have had and will continue to have a significant
`
`negative impact on the public as actual and potential consumers of Spyder’s products.
`
`43.
`
`BRP’s deceptive trade practices have caused and continue to cause irreparable
`
`injury to the value of Spyder’s SPYDER trademarks, as well as irreparable injury to Spyder’s
`
`business, goodwill, and reputation. Spyder has no adequate remedy at law.
`
`

`
`FIFTH CAUSE OF ACTION
`
`(Common Law Trademark Infringement and Unfair Competition)
`
`44.
`
`45.
`
`Spyder incorporates by reference the preceding allegations of this Complaint.
`
`BRP’s use of the SPYDER mark to sell clothing and outerwear constitutes a
`
`palming off of its products as being the products of, affiliated with, or sponsored by Spyder in
`
`violation of the common law of the State of Colorado.
`
`46.
`
`Spyder has been irreparably injured by BRP's willful acts and has no adequate
`
`remedy at law.
`
`47.
`
`Spyder is entitled to damages, BRP’s profits, punitive and exemplary damages,
`
`attorneys’ fees, costs, and interest.
`
`JURY DEMAND
`
`Spyder demands atrial by jury on all issues raised in this Complaint.
`
`PRAYER FOR RELIEF
`
`FOR THESE REASONS, Spyder prays for a judgment in its favor and against BRP as
`
`follows:
`
`1.
`
`For a preliminary and permanent injunction against BRP, its agents, servants,
`
`employees, representatives, and attorneys, and all other persons in active concert or participation
`
`with it enjoining and restraining them from:
`
`.21.
`
`Using the SPYDER mark alone, or in combination with other terms or
`
`designs, or using any reproduction, copy, or colorable imitation or variation of the SPYDER
`
`mark on or in connection with the advertising, distribution, sale, or offering for sale of any
`
`clothing products;
`
`

`
`b.
`
`Performing any other acts that are likely to lead the public to believe that
`
`clothing products used, provided or sold by BRP are in any manner licensed, sponsored,
`
`approved or authorized by Spyder;
`
`2.
`
`For an Order that BRP cease all acts of trademark infringement, trademark
`
`dilution, unfair competition, and deceptive trade practices;
`
`3.
`
`4.
`
`5.
`
`For all damages Spyder has suffered by reason of BRP’s unlawful activities;
`
`For all profits wrongfully derived by BRP through its unlawful activities;
`
`For three times BRP’s profits on its sale of infringing clothing or Spyder’s
`
`damages, whichever is greater, arising from its unlawful activities pursuant to 15 U.S.C. §
`
`lll7(a) and C010. Rev. Stat. § 6-l-113;
`
`6.
`
`For prejudgment and post-judgment interest, pursuant to 15 U.S.C. § l117(b) and
`
`other applicable law;
`
`7.
`
`For a determination that this case be deemed to be an “exceptional” case and
`
`awarding costs of suit and reasonable attorneys’ fees and disbursements, pursuant to 15 U.S.C.
`
`§ ll17(b), Colo. Rev. Stat. § 6-1-113, and other applicable law;
`
`8.
`
`For such other and further relief as this Court deemsjust and equitable.
`
`

`
`February 24, 2009
`
`Respectfully submitted,
`
`/s/ Donald A. Degnan
`Donald A. Degnan
`Annie Haselfeld
`HOLLAND & HART LLP
`
`1800 Broadway Street, Suite 300
`Boulder, Colorado 80302
`Telephone: 303-473-2700
`Facsimile: 303—473~2720
`
`ATTORNEYS FOR PLAINTIFF
`
`SPYDER ACTIVE SPORTS, INC.
`
`Plaintiffs Address
`
`4725 Walnut Street
`
`Boulder, Colorado 80301
`
`44S3488_2.DOC
`
`

`
`.13“-'1'5’ figMIKEY?“
`
`COLORADO DEALERS / CONCESSIONNAIRES
`
`ALLTERRAIN MOTORSPORTS, INC
`3080 I - 70 Business Loop B
`Grand Junction CO 81504
`Tel.: 970.434.4874
`
`COLORADCTS GREAT OUTDOORS
`405 W. Filmore Street
`
`Colorado Springs CO 80907
`Tel.: 719.473.3665
`
`FUN CENTER INC.
`
`29603 US Highway 160 East
`Durango CO 81301
`Tei.: 970.259.1070
`
`RPM MOTORSPORTS
`1251 Wadsworth
`Lakewood CO 80214
`Tel.: 303.232.7576
`
`XTREME PERFORMANCE CENTER INC.
`826 Park Street
`Castle Rock CO 80109
`Tel.: 303.660.5302
`
`XTREME PERFORMANCE CENTER, INC.
`4100 8. Valley Drive
`Longmont CO 80504
`Tel.: 303.654.0867
`
`Page II - Revised 1/19/2009
`
`Exhibi(1
`
`can-aniw
`
`

`
`Int. CL: 25
`
`Prior U.S. Cls.: 22 and 39
`
`United States Patent and Trademark Office
`
`Reg. No. 2,934,105
`Registered Mar. 15, mi
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SPYDER
`
`SPYDER ACTIVE SPORTS,
`CORPORATION)
`4725 WALNUT ST.
`BOULDER. C0 8030!
`
`INC.
`
`(COLORADO
`
`UNDERWEAR; LONG UNDERWEAR; CAPS; HATS:
`BELTS, IN CLASS 25 (U.S. (15. 22 AND 39).
`
`FOR: TEE SHIRTS; SWEAT SHIRTS; BUTTON
`SHIRTS; SWEATERS; FLEECE JACKETS; OUTER-
`WEAR JACKETS; COTTON JACKETS; DENIM
`PANTS; COTTON PANTS; OUTERWEAR PANTS;
`SKIRTS; SOCKS; SHOES; FOOTWEAR; GLOVES;
`MITIENS; NECK GAITERS; ONE-PIECE OUTER-
`WEAR SUITS. NAMELY SNOW SUITS, SNO -
`BOARD SUITS, AND SKI SUITS; TIGHTS;
`
`FIRST USE 8-10-1978; IN COMNIERCE 8-IS-1978.
`
`OWNER OF U.S. REG. NOS. 1,281,632, 2,750,548.
`AND OTHERS
`
`SN 78450.63}. FILED 5-15-1003.
`
`DORITT L. CARROLL, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 25
`
`Prior U.S. 05.: 22 and 39
`
`United States Patent and Trademark Office
`
`Reg. No. 2,750,548
`Registered Aug. 115, 2003
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`:9
`
`SPYDER ACTIVE SPORTS,
`CORPORATION)
`3600 PEARL STREET
`BOULDER, CO 80301
`
`INC.
`
`(COLORADO
`
`SHIRTS, SWEAT TOPS, SWEAT PANTS,
`SWEATSUITS, RUGBY SHIRTS, POLO SHIRTS.
`SHORTS, AND CAPES, IN CLASS 25 (US. CLS. 22
`AND 39).
`
`FOR: HIGH PERFORMANCE SKI CLOTHING,
`NAMELY JACKETS, PANTS, SHELLS, BIBS, ONE-
`PIECE SUITS, VESTS, STRETCH PANTS, TURTLE-
`NECK SHIRTS, CAPS, HATS, SCARVES, GLOVES,
`AND HEAD BANDS; AND ATHLETIC, RECREA-
`TIONAL, AND LEISURE WEAR, NAMELY, SWEAT-
`
`FIRST USE 8-10-1978; IN COMMERCE 8-10-1978.
`
`SER. NO. 78-173,154, FILED 10-10-2002.
`
`JOHN DALIER, EXAMINING ATTORNEY
`
`

`
`Int. CL: 28
`
`Prior US. Cl.: 22 ’
`
`Reg. No. 1 49:2 382
`_
`’ Umted States Patent and Trademark Office Registered Jule 2:4,’19ss
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SPYDER ACTIVE SPORTS. INC. (COLORADO
`CORPORATION)
`’
`3600 PEARL STREET
`BOULDER. CO 30301
`
`’
`
`.
`
`‘
`
`FIRST USE 7-31-1987;
`7-3l-1987.
`'
`OWNER OF U.S. REG. NOS. 1,198,815. 1,281,632
`AND OTHERS.
`
`IN COMBIERCE
`
`‘
`
`FOR: PROTECTIVE FOREARM AND SHIN
`GUARDS USED IN SKI RACING. IN CLASS 28
`(U.S. CL. 22).
`'
`-
`
`SER. NO. 689,788. FILED 10-15-1987.
`
`KRISTEN S. BYERS, EXAMINING ATTORNEY
`
`

`
`Int. Cl.: 25
`
`Prior U.S. Cl.: 39
`
`United States Patent and Trademark Office
`
`Reg. No. l,281,63i2
`Registered Jun. 12. 193
`
`TRADEMARK
`
`Principal Register
`
`Spyder Active Sports, Inc. (Colorado corporation)
`Suite 101
`_ 2045 32nd St.
`Boulder. Colo. 80302. assignment by assignment of
`David L. Jacobs (Canada citizen)
`Boulder, Colo.
`
`For: SWEATERS AND T—Sl-IIRTS,
`25 (U.S. Cl. 39).
`First use Aug. 10, 1978;
`1918.
`
`in commerce Aug. 15,
`‘
`
`in CLASS
`
`Ser. No. 203,766, filed Feb. 13. 1979.
`
`MARY C. MACK. Examining Attorney
`
`Exhibit 2

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