Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Entered
`
`87600082
`
`LAW OFFICE 101
`
`https://tmng-al.uspto.gov/resting2/api/img/87600082/large
`
`SERAFIA
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0002.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0003.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0004.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0005.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0006.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0007.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0008.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0009.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0010.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0011.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0012.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0013.JPG
`
`1 An Album Cover using trademarked name online for purchase 2 Another album
`using trademarked name online for purchase 3 Evidence that the name is promoted
`and recognized by others IMDB 4 Evidence that the name is promoted and
`recognized by others contract 5 Evidence that the name is promoted and recognized
`by others 6 Evidence that the name is promoted and recognized by others 7 Evidence
`that the name is promoted and recognized by others 8 Evidence that the name is
`promoted and recognized by others as source of this series 9 Evidence that the name
`is promoted and recognized by others as source of this series 10 Evidence that the
`name is promoted and recognized by others as source of this series 11 Evidence that
`the name is promoted and recognized by others as source of this series 12 Evidence
`that the name is promoted and recognized by others as source of this series
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`EVIDENCE SECTION
`
`       EVIDENCE
`       FILE NAME(S)
`
`DESCRIPTION OF EVIDENCE FILE
`
`GOODS AND/OR SERVICES SECTION (current)
`
`       
`       
`       
`       
`       
`       
`       
`       
`       
`       
`       
`

`

`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Audio and video recordings featuring music and artistic performances; Musical recordings; Downloadable musical sound recordings
`
`FILING BASIS
`
`        FIRST USE ANYWHERE DATE
`
`        FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 01/01/2010
`
`At least as early as 01/01/2014
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`009
`
`Audio and video recordings featuring music and artistic performances; Musical recordings; Downloadable musical sound recordings
`
`FILING BASIS
`
`       FIRST USE ANYWHERE DATE
`
`       FIRST USE IN COMMERCE DATE
`
`Section 1(a)
`
`At least as early as 01/01/2010
`
`At least as early as 01/01/2014
`
`       STATEMENT TYPE
`
`       SPECIMEN
`       FILE NAME(S)
`
`       SPECIMEN DESCRIPTION
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`"The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce at least as early as the filing date of the
`application"[for an application based on Section 1(a), Use in Commerce] OR "
`The substitute (or new, or originally submitted, if appropriate) specimen(s)
`was/were in use in commerce prior either to the filing of the Amendment to
`Allege Use or expiration of the filing deadline for filing a Statement of Use" [for
`an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is
`a true copy of the specimen that was originally submitted with the application,
`amendment to allege use, or statement of use" [for an illegible specimen].
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0014.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0015.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0016.JPG
`
`\\TICRS\EXPORT17\IMAGEOUT 17\876\000\87600082\xml5\ ROA0017.JPG
`
`Evidence that the trademarked name is promoted and recognized by others as source
`of this series
`
`/Serafia J Kohn/
`
`Serafia J Kohn
`
`Owner
`
`8318691222
`
`06/05/2018
`
`/Serafia J Kohn/
`
`Serafia J Kohn
`
`Owner
`
`8318691222
`
`06/05/2018
`
`YES
`
`       
`       
`       
`

`

`SUBMIT DATE
`
`TEAS STAMP
`
`Tue Jun 05 18:07:48 EDT 2018
`
`USPTO/ROA-XX.XX.XXX.XXX-2
`0180605180748626313-87600
`082-61020d5cab8a85ad9e09d
`d455e4157492fd46cefbd26d1
`98c686d4cf91e5568-N/A-N/A
`-20180605163757002052
`
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PTO Form 1957 (Rev 10/2011)
`
`OMB No. 0651-0050 (Exp 09/20/2020)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 87600082 SERAFIA(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87600082/large) has been
`amended as follows:
`
`EVIDENCE
`Evidence in the nature of 1 An Album Cover using trademarked name online for purchase 2 Another album using trademarked name
`online for purchase 3 Evidence that the name is promoted and recognized by others IMDB 4 Evidence that the name is promoted and
`recognized by others contract 5 Evidence that the name is promoted and recognized by others 6 Evidence that the name is promoted
`and recognized by others 7 Evidence that the name is promoted and recognized by others 8 Evidence that the name is promoted and
`recognized by others as source of this series 9 Evidence that the name is promoted and recognized by others as source of this series 10
`Evidence that the name is promoted and recognized by others as source of this series 11 Evidence that the name is promoted and
`recognized by others as source of this series 12 Evidence that the name is promoted and recognized by others as source of this series
`has been attached. Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Evidence-5
`Evidence-6
`Evidence-7
`Evidence-8
`Evidence-9
`Evidence-10
`Evidence-11
`Evidence-12
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 009 for Audio and video recordings featuring music and artistic performances; Musical recordings; Downloadable musical sound
`recordings
`Original Filing Basis:
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 01/01/2010 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
`
`Proposed: Class 009 for Audio and video recordings featuring music and artistic performances; Musical recordings; Downloadable musical
`sound recordings
`Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is
`using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark
`was first used at least as early as 01/01/2010 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
`Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Evidence that the trademarked name is
`promoted and recognized by others as source of this series .
`"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the
`
`

`

`filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally
`submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or
`expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached
`specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use"
`[for an illegible specimen]. Specimen File1
`Specimen File2
`Specimen File3
`Specimen File4
`
`SIGNATURE(S)
`Declaration Signature
`
`DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both,
`under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or
`any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all
`statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the
`application or AOU and this submission made on information and belief are believed to be true.
`
`STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C.
`§1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be
`registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with
`the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use
`in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in
`the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark
`application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the
`use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in
`the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification
`program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no
`other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce,
`either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective
`membership organization of such other persons, to cause confusion or mistake, or to deceive.
`
`STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a)
`COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b),
`1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that:
`for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services
`specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in
`commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification
`mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and
`had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date;
`the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will
`not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the
`certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge
`and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in
`commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
`goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
`
`Signature: /Serafia J Kohn/      Date: 06/05/2018
`Signatory's Name: Serafia J Kohn
`Signatory's Position: Owner
`Signatory's Phone Number: 8318691222
`
`Response Signature
`Signature: /Serafia J Kohn/     Date: 06/05/2018
`Signatory's Name: Serafia J Kohn
`Signatory's Position: Owner
`
`

`

`Signatory's Phone Number: 8318691222
`
`The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either:
`(1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian
`attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or
`the USPTO has granted the request of his/her prior representative to withdraw.
`
`Serial Number: 87600082
`Internet Transmission Date: Tue Jun 05 18:07:48 EDT 2018
`TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2018060518074862
`6313-87600082-61020d5cab8a85ad9e09dd455e
`4157492fd46cefbd26d198c686d4cf91e5568-N/
`A-N/A-20180605163757002052
`
`        
`

`

`amazon
`February 10, 2015
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`Blu Soul
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`Serafia
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`2 songs available with Unlimited
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`1=27
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`.u a? [1»
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`fl amazon.com
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`C
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`E amazon
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`8 '\_I
`Touching ML'J Soul - EP _.
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`Touching My Soul
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`December 16, 2013
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`E imdb.com
`
`<5
`
`
`
`Serafia
`
`>—
`Composer Actress f Soundtrack
`
`Serafia is a composer and actress, known for
`
`Droplt! (2008), Treading Water (2016) and
`
`Empire Girls...
`
`Thousands of movies $8.99/mo
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`prime video
`v
`
`Filmography
`
`Known For
`
`Actress
`
`
`
`Droplt!
`
`Treading Wa
`
`Empire Girls
`
`Droplt!
`
`PURCHASE TICKETS
`
`Framellne42
`June 1424. 2018
`
`" ' ‘
`
`

`

`2:16 4
`
`.. as [D
`
`Done Serafia Contract - June 2018.... ®
`
`
`
`PERFORMANCE AGREEMENT
`
`This contract (“The Agreement") made and entered into this day of November l5th 2017 {the
`“Execution Date”)
`
`BETWEEN:
`
`BACKGROUND:
`
`First Trust Portfolios, LP. (the “0)stomer")
`
`-AND-
`
`Serafia .l Kohn (the “Perfonner") and guitarist
`
`A. The Perfom‘ter is a professional entertainer known as “Serafia” _—
`B. The Customer wishes to engage the Performer and is willing to undertake. to do so. subject to
`the terms and conditions as follows:
`
`1' P
`
`n
`
`l. The Performances will be as follows: Monarch Beach Resort -Tuesday June 12th 2018 from
`6:30pm to 1 1pm (5pm soundcheck) and Montage Laguna Beach - Monday June 18th 2018
`from 6:30pm to 11pm (5pm soundcheck) and Monday June 18th
`
`[moment
`2. The entertainment to be provided by the Performer is described as follovJs: Vocals and Guitar
`
`_
`_ 1 ,
`lumen!
`"> “JR!
`3. The Customer agrees to pay the Performer a performance fee of$2,750.00 USD k“ "
`--‘—\
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`
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`
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`
`$2 + t WM t t 11*.
`
`Date
`
`\"L M'
`
`" xterm.
`
`Representative of First Trust Portfolios L.P.
`W|
`
`
`J
`
`Date
`
`

`

`2:174
`
`II 6‘ E.
`
`Today
`.
`
`2:15 PM< Ed't
`
`
`
`This document is now complete.
`
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`

`

`UNIVISION LOCAL MEDIA AUSTIN
`PaRTlCIPANTfPERFORMER RELEASE
`
`I
`I have agreed to appeariparticipatelperform in the event described in Exhibit A. attached hereto (“Event“).
`hereby irrevocably grant to the Univision Entities' ('Univlslon') and their licensees. distributors and assignees
`{”Releasees') the exclusive right to {or to cause or authorize another to} (a) fix. record. publish. exhibit. perform.
`display. broadcast. transmit and distribute my performance. as well as my appearance at rehearsals. interviews.
`outtakes. “behind-the-scenes." connected with the Event. by any and all means and in any and all media now
`known or hereafter developed. throughout the world and in perpetuity; {b} use my name. voice and likeness in
`connection with the advertising. publicity and promotion of the Event. Univision. me or my perfonnancets) at the
`Event: and to) edit. cut. abridge. excerpt. rearrange or revise in any manner. or delete in whole or in part.
`without notice to or approval by me. any and all of my perfonnance(s) as fixed and recorded by Releasees
`pursuant to this Release.
`
`I represent and warrant that {a} I have the right and am flee to enter into this Release and to fully perform hereunder; lb] the
`execution. delivery and performance of this Release and the exercise by Releasees of the Granted Rights will not con flict
`with any agreement or commitment with any third party; (c) in entering into this Release and rendering my performance I
`have the status of independent contractor; (d) I am competent to execute this Release: ( e} if I am executing this Release as
`the agent of the person named below. [ am authorized to sign on behalf~ of the person named below and both the person
`named below and I will be bound by this Release: and if) during my performance at the Event.
`I will not use (without
`Releasees' prior written consent} any flammable. explosive or caustic material or substance including pyrotechnic or
`incendiary devices or any other props or devices that could reasonably be calculated to cause injury to person or property.
`I
`acknowledge and agree that to} no warranty. representation or guarantee has been made as to the safety of my perfon'na nee
`and my travel toffrom the Event; lb} [ have not been induced to enter into this Release by any representations or assurances
`by Releasees except as expressly set forth herein: and (Cl Releasees have been induced to proceed with the production.
`distribution and other commercial exploitation ofthc Event in reliance upon this Release.
`
`I agree to defend. indemnify. release and hold harmless Releasees and their employees. officers. directors.
`agents. and successors from any and all claims. damages. liabilities. losses. expenses {including altomeys‘
`fees) and causes of action whatsoever. whether known or unknown. including but not limited to inconvenience.
`dissatisfaction with results. death. personal injury. defamation. misappropriation or invasion of privacy.
`infringement of the right of publicity. or of copyrights or violation of any other rights arising out of or relating to
`my performance. travel in connection with the Event. or any breach by me oi this Release.
`I hereby expressly
`
`waive all rights under Section 1542 of the California Civil Code and any similar law of any other state or
`
`territory of the United States of America. Such section reads: “A general release does not extend to
`
`claims which the creditor does not know or suspect to exist in his favor at the time of executing the
`
`release. which If known by him must have materially affected his settlement with the debtor." This
`Release (a) constitutes our entire agreement; lb) supercedes all prior agreements between us; (c) may be
`amended only by written instrument signed by both parties; and (d) shall be binding upon my heirs. executors.
`administrators and successors.
`
`PERFORMERS Serafia
`
`f—f—
`
`
`
`I The Univision Entities are Univisiort Communications Inc. and its affiliates and subsidiaries now existing or hereafter formed or
`acquired. including: The U nivision Network Limited Partnership. Univision Television ('iroup. Inc. Univision Unlinc. Inc. TeleFutura
`Television (iroup. lnc.. TeleFutura Network. tialavision. Inc. Unit-Loon Management L‘o.. Univision Music Group [Ul‘llVlSlOfl Music.
`Inc. Univlsion Music LLC. Forlovisa. |ne.. Disa LLt‘}. Univision of Pucrto Rico. Inc. and Univision Radio. Inc.
`
`

`

`Events, Locations and Dates:
`
`EXHIBIT A
`
`EVENT NAME:
`PERFORMANCE)
`DATE:
`PLACE:
`ADDRESS:
`
`El Grito en el Capitolio Estatal de Texas (LIVE NATIONAL ANTHEM
`
`THURSDAY, September 15‘", 2015
`Texas State Capital at Colorado St.
`Colorado St. between 11'h and 13th
`
`Number of Performances and Performance Times:
`
`El. GRITO DESDE El. CAPITOUO — Serafia will perform the national anthem live and a cappella.
`
`*Participantfperformer agrees that the performance times may be subject to delays andior
`changes and agrees to perform accordingly.
`
`Additional Information
`
`UNIVISION WILL PROVIDE SOUNDAND LIGHTS.
`
`UNEVESION AUSTIN WILL RELEASE VIDEO FOOTAGE OF PERFORMANCE FOR USE BY SERAFIA
`
`NO ALCOHOL ES PERMlTTED BACKSTAGE.
`
`TOTAL TALENT FEE OF $100 CHECK will be made out “SERAFIA”
`
`_
`
`Exclusivity Clause:
`
`

`

`2:49 4
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`..
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`fl web.tunecore.com
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`(5
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`tuneCORE
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`9
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`YOUR RELEASES
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`Albums
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` Touching My 8...
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`Touching My 8...
`Blu Scul
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`Singles
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`2:514
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`B web.tunecore.com
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`elease date:
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`Original Release Date:
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`UPC:
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`Primary Genre:
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`Language:
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`2:524
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`Blu Soul
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`by Serafia
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`Release date:
`
`10-Feb-2015
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`Original Release Date:
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`01-Nov-2011
`Serafia
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`Touching My Soul
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`EP
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`by Serafia
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`IL—fizfii
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`
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`Release date:W13
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`2:534
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`Touching My Soul
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`by Serafia
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`Release date:
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`16-Dec-2013
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`Label:
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`Serafia
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`December 16, 2013
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`2:524
`
`II ?E]’
`
`B web.tunecore.com
`
`Blu Soul
`
`by Serafia
`
`Release date:
`
`10-Feb-2015
`
`Original Release Date:
`Label:
`
`01-Nov-2011
`Serafia
`
`UPC:
`
`859714093675
`
`Primary Genre:
`
`Language:
`
`R&B/Sou|
`
`English
`
`Stores
`
`
`
`Edit
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`’0‘ l@ W 1% -~
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`Future Digital-Stone—
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`

`

`2:534
`
`ll ? D’
`
`B web.tunecore.com
`
`Details
`
`Touching My Soul
`
`EP
`
`by Serafia
`
`
`
`
`
`Release date:
`
`16-Dec-2013
`
`Label:
`
`UPC:
`
`Serafia
`
`859711768125
`
`Primary Genre:
`Secondary Genre:
`Language:
`
`Dance
`Pop
`English
`
`Stores
`
`
`
`Edit
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`
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` w-
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`