Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA770852 Filing date: 09/15/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91212582 Party Plaintiff Fifty-Six Hope Road Music Limited Correspondence JILL M PIETRINI Address SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 AVENUE OF THE STARS SUITE 1600 LOS ANGELES, CA 90067-6017 UNITED STATES [email protected], [email protected], jpiet- [email protected], [email protected], mdan- [email protected] Submission Plaintiff's Notice of Reliance Filer's Name Paul A. Bost Filer's e-mail [email protected], [email protected], [email protected] Signature /Paul A. Bost/ Date 09/15/2016 Attachments Rebuttal Notice of Reliance with Exhibits_reduced.pdf(4770793 bytes ) Docket No. 29WG-192069
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In re Matter of Application No. 85/760,798
for the mark: GNARLY MARLEY’S Opposition No. 91-212582
Fifty-Six Hope Road Music Limited, OPPOSER FIFTY-SIX HOPE ROAD
MUSIC LIMITED’S REBUTTAL Opposer, NOTICE OF RELIANCE
v.
Sandal Factory, Inc.,
Applicant.
Pursuant to TBMP § 704, et seq., and 37 C.F.R. §§ 2.122, Opposer Fifty-Six Hope Road
Music Limited (“Opposer”) hereby makes of record in connection with this proceeding the following evidence and registrations:
A. Pleadings and Orders in Board Proceedings
Pursuant to TBMP § 704.03(b)(1)(A) and 37 C.F.R. 2.122(e), Opposer hereby makes of record the following pleadings and orders in Board proceedings by attaching true, correct, and current printouts of each such pleading and order from TTABVUE. These documents are relevant to rebut Applicant Sandal Factory, Inc.’s (“Applicant”) purported evidence of third party use.
i. Exhibit #72. Fifty-Six Hope Road Music Ltd. v. Marley Lilly, LLC, Opposition No. 91-211709, Docket No. 23, January 23, 2015 – Applicant Marley Lilly, LLC’s Express Abandonment of the MARLEY LILLY Application With Prejudice.
ii. Exhibit #73. Fifty-Six Hope Road Music Ltd. v. Marley Lilly, LLC, Opposition No. 91-211709, Docket No. 24, January 23, 2015 – Board Decision Entering Judgment for Opposer, Sustaining the Opposition, and Refusing Registration of the MARLEY LILLY Application.
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iii. Exhibit #74. Fifty-Six Hope Road Music Ltd. v. Island Food & Fun, Inc., Cancellation No. 92-057058, Docket No. 30, April 30, 2015 – Registrant Island Food & Fun, Inc.’s Voluntary Surrender of the MARLEY’S A TASTE OF THE CARIBBEAN & Design Registration.
iv. Exhibit #75. Fifty-Six Hope Road Music Ltd. v. Island Food & Fun, Inc., Cancellation No. 92-057058, Docket No. 31, May 4, 2015 – Board Decision Entering Judgment for Petitioner, Granting the Petition to Cancel, and Ordering the Cancellation of the MARLEY’S A TASTE OF THE CARIBBEAN & Design Registration.
v. Exhibit #76. Fifty-Six Hope Road Music Ltd. v. Island Food & Fun, Inc., Cancellation No. 92-057,058, Docket No. 32, May 14, 2015 – Commissioner Order Cancelling the MARLEY’S A TASTE OF THE CARIBBEAN & Design Registration.
B. Registrations Owned by Opposer
Pursuant to TBMP § 704.03(b)(1)(A) and 37 C.F.R. 2.122(d), Opposer hereby makes of record the following registrations owned by Opposer by attaching true, correct, and current printouts of each registration’s TSDR page reflecting both the current status of and title to each such registration. Opposer made of record the applications underlying each of these registrations in its initial notice of reliance. (Docket No. 26.)
Exhibit Trademark Class Reg. No. Filing Status No. Date
77 M MARLEY 25 4,867,765 4/29/14 Registered
78 MARLEY ITAL 30 4,905,272 5/31/11 Registered
79 MARLEY 25 4,918,637 12/10/13 Registered
80 BOB MARLEY 41 4,763,717 10/16/14 Registered
81 ONE LOVE! 41 4,859,913 8/18/08 Registered
C. TSDR Documents
Pursuant to TBMP § 704.07 and 37 C.F.R. 2.122(e), Opposer hereby makes of record the
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following documents in certain application files to register trademarks with the U.S. Patent &
Trademark Office (“PTO”) obtained from the PTO’s TSDR database. These documents are relevant to rebut Applicant’s purported evidence of third party use and registration:
i. Exhibit # 82. David Nesta Marley pka Ziggy Marley’s Response to Office Action in Support of Serial No. 77/752,734 (Reg. No. 4,080,446) to register ZIGGY MARLEY, February 26, 2010.
ii. Exhibit #83. David Nesta Marley’s, Stephen Robert Nesta Marley’s, Julian Ricardo Marley’s, Damien Robert Nesta Marley’s, and Ky-Mani Ronald Marley’s Response to Office Action in Support of Serial No. 77/113,202 (Reg. No. 3,535,883) to register THE MARLEY BROTHERS, November 29, 2007.
iii. Exhibit #84. TSDR page for MARLEY, Reg. No. 925,011, reflecting cancellation of registration on March 11, 2016 “because registrant did not file an acceptable declaration under Section 8.”
iv. Exhibit #85. TSDR page for BANANA MARLEY, Reg. No. 3,739,188, reflecting cancellation of registration on August 26, 2016 “because registrant did not file an acceptable declaration under Section 8.”
D. Internet Printouts
Pursuant to TBMP § 704.08(b), Opposer hereby makes of record the following documents obtained from the internet. These documents are relevant to rebut Applicant’s purported evidence of third party use:
i. Exhibit # 86. Banfi Wines description of wines from France, http://www.banfiwines.com/region/france/, accessed and printed on September 14, 2016. [Relevant text highlighted.]
ii. Exhibit #87. Results for Google search of “marley dells wisconsin,” https://www.google.com/webhp?hl=en&sa=X&ved=0ahUKEwik9puLpY_PAhU URmMKHbiXDxEQPAgD#safe=off&hl=en&q=marley+dells+wisconsin, accessed and printed on September 14, 2016. [Relevant text highlighted.]
iii. Exhibit #88. Wisconsin Dells Events article entitled, “Marley’s ‘reinvents’ itself as Bobber’s with family focus,” http://www.wiscnews.com/wisconsindellsevents/news/local/article_473e6665- 68b8-5d78-863f-87b06c90cd34.html, accessed and printed on September 14, 2016.
iv. Exhibit #89. Website for Bobbers Island Grill,
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http://www.bobbersislandgrill.com/, accessed and printed on September 14, 2016.
v. Exhibit #90. WhoIs search results for
E. Printed Publication
Pursuant to TBMP § 704.08(a), Opposer hereby makes of record the following printed publication. This document is relevant to rebut Applicant’s purported evidence of third party use:
i. Exhibit # 91. Terroir: The Role of Geology, Climate and Culture in the Making of French Wines, by James E. Wilson, University of California Press, 1998, pgs. 3, 82, 89, 96, 101, 104, 112, 128, 137, 138, 144, 148, 149, 152, 155, 213, 215, 245, 249, 250, 267, 269, 280, 282, 296, 306, and 322. [Relevant text highlighted.]
Respectfully submitted,
Dated: September 15, 2016 /s/Jill M. Pietrini Jill M. Pietrini Paul A. Bost SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 Avenue of the Stars, Suite 1600 Los Angeles, California 90067-6017 Telephone: (310) 228-3700 Facsimile: (310) 228-3701
Attorneys for Opposer Fifty-Six Hope Road Music Limited
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CERTIFICATE OF ELECTRONIC TRANSMISSION
I hereby certify that this correspondence is being transmitted electronically to Commissioner of Trademarks, Attn: Trademark Trial and Appeal Board through ESTTA pursuant to 37 C.F.R. §2.195(a), on this 15th day of September, 2016.
/s/Paul A. Bost Paul A. Bost
CERTIFICATE OF SERVICE
I hereby certify that this correspondence is being deposited with the United States Postal Service, postage prepaid, first class mail, in an envelope addressed to:
Francisco J. Ferreiro Malloy & Malloy, P.L. 2800 S.W. 3rd Avenue Miami, Florida 33129 on this 15th day of September, 2016.
/s/Brenda Smith Brenda Smith
SMRH:479085657.4
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EXHIBIT 72 Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA646219 Filing date: 12/22/2014 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91211709 Party Defendant Marley Lilly LLC Correspondence MATTHEW A HOMYK Address BLANK ROME LLP ONE LOGAN SQUARE PHILADELPHIA, PA 19103 UNITED STATES [email protected], [email protected] Submission Withdrawal Of Application Filer's Name Matthew A. Homyk Filer's e-mail [email protected] Signature /matthew homyk/ Date 12/22/2014 Attachments 12469729_1.pdf(60757 bytes ) Exhibit A
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In re Matter ofApplioation No. 85n19,910 for the mark: MARLEY LILLY Opposition No. 91-211709 Fifty-Six Hope Road Music Limited, EXPRESS ABANDONMENT OF APPLICATION WITH PREJUDICE Opposer,
v.
Marley Lilly, LLC,
Applicant.
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
Dear Madam:
Applicant Marley Lilly, LLC, by and through its undersigned counsel, expressly abandons its application, bearing Serial No. 85/719,910, to register MARLEY LILLY in
Class 35, with prejudice.
Respectfully submitted,
Dated: De.c&mb.er 2.2, 2DIY セ@ Matthew A. Homy BLANK ROME, One Logan Square 130 N. 18th St. Philadelphia, PA 19103-6998
Attorneys for Applicant Marley Lilly, LLC 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 for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451 on this22.tiay of P«:&ncW' , 2014. アョセセ@
イョ」エセTv@ セ - aNセ It-
CERTIFICATE OF SERVICE
I hereby certify that this Express Abandonment of Application With Prejudice is being deposited with the United States Postal Service, postage prepaid, first class mail, in an envelope addressed to: Jill M. Pietrini, Sheppard Mullin Richer Hampton, LLP, 1901 Avenue of the Stars, Suite 1600, Los Angeles, CA 90067-6017, on エィゥセ、。ケ of セエmwLRPQTN@
SMRH:42322 1667,1
2
EXHIBIT 73
UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, VA 22313-1451 General Contact Number: 571-272-8500
lg Mailed: January 23, 2015
Opposition No. 91211709
Fifty-Six Hope Road Music Limited
v.
Marley Lilly LLC
By the Trademark Trial and Appeal Board:
On December 22, 2014, applicant filed an abandonment of its application
Serial No. 85719910 with prejudice.
Trademark Rule 2.135 provides that if, in an inter partes proceeding, the applicant files an abandonment without the written consent of every adverse party to the proceeding, judgment shall be entered against applicant.
In view thereof, and because opposer's written consent to the abandonment is not of record, judgment is hereby entered against applicant, the opposition is sustained and registration to applicant is refused.
EXHIBIT 74 Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA669680 Filing date: 04/30/2015 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92057058 Party Defendant Island Food & Fun, Inc. Correspondence ELIZABETH T RUSSELL Address LAW OFFICE 6907 UNIVERSITY AVE # 227 MIDDLETON, WI 53562-2767 UNITED STATES [email protected] Submission Voluntary Surrender Of Registration Filer's Name Elizabeth T Russell Filer's e-mail [email protected], [email protected] Signature /elizabeth russell/ Date 04/30/2015 Attachments voluntary surrender.pdf(62870 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In re Matter of Application Registration No. 3,225,517 for the mark: MARLEY'S A TASTE Cancellation No. 92057058 OF THE CARIBBEAN & Design REGISTRANT ISLAND FOOD & FUN, INC.’S VOLUNTARY SURRENDER OF REGISTRATION
Fifty-Six Hope Road Music Limited, Petitioner, vs. Island Food & Fun, Inc., Registrant.
Pursuant to 15 U.S.C. § 1057(e), 37 C.F.R. § 2.134(a), and TBMP § 602.02(a), Registrant
Island Food & Fun, Inc. (“Registrant”), through its undersigned counsel of record, hereby voluntarily surrenders its registration at issue in this proceeding, namely, Reg. No. 3,225,517.
Respectfully submitted,
/elizabeth t russell/
Attorney for Island Food & Fun, Inc.
Dated: April 30, 2015
1
The above is my electronic signature, personally entered by me in accordance with the requirements of 37 C.F.R. §2.193(c)
Elizabeth T Russell 6907 University Ave., #227 Middleton, WI 53562 Telephone: 608-826-5007
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing VOLUNTARY SURRENDER OF REGISTRATION was served on Petitioner by mailing a copy by First Class Mail, postage prepaid, to Petitioner’s counsel at the following address on this 30th day of April, 2015:
Jill M. Pietrini and Paul Bost SHEPPARD MULLEN RICHTER & HAMPTON LLP 1901 Avenue of the Stars, Suite 1600 Los Angeles, CA 90067-6017
/elizabeth t russell/
The above is my electronic signature, personally entered by me in accordance with the requirements of 37 C.F.R. §2.193(c)
Elizabeth T Russell 6907 University Ave., #227 Middleton, WI 53562 Telephone: 608-826-5007
2
EXHIBIT 75
UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, VA 22313-1451 General Contact Number: 571-272-8500
mt Mailed: May 4, 2015
Cancellation No. 92057058
FIFTY-SIX HOPE ROAD MUSIC LIMITED
v.
ISLAND FOOD & FUN, INC.
By the Trademark Trial and Appeal Board:
On April 30, 2015, respondent filed a voluntary surrender of its Registration No.
3225517 under Section 7(e) of the Trademark Act.
Trademark Rule 2.134(a) provides that if the respondent in a cancellation proceeding applies for cancellation of the involved registration under Section 7(e) of the Trademark Act without the written consent of every adverse party to the proceeding, judgment shall be entered against respondent.
In view thereof, and because petitioner's written consent to the voluntary surrender is not of record, judgment is entered against respondent, the petition to cancel is granted, and Registration No. 3225517 will be cancelled in due course by the Commissioner for Trademarks.
EXHIBIT 76
EXHIBIT 77 Generated on: This page was generated by TSDR on 2016-09-12 14:52:10 EDT Mark: M MARLEY
US Serial Number: 86266502 Application Filing Apr. 29, 2014 Date: US Registration 4867765 Registration Date: Dec. 08, 2015 Number: Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Dec. 08, 2015 Publication Date: Apr. 21, 2015 Notice of Jun. 16, 2015 Allowance Date:
Mark Information
Mark Literal M MARLEY Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of a three tiered crown with the letter "M" in the middle, over the word "MARLEY". Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Design Search 24.11.01 - Crowns closed at the top Code(s): 24.11.02 - Crowns open at the top Related Properties Information
Claimed Ownership 2349361, 4394278 of US Registrations: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: Clothing, namely, shirts, T-Shirts, tank tops, bottoms, pants, shorts, dresses, skirts, rompers, one-piece garments for children, sweaters, jackets, swimwear, beach cover-ups, sleepwear, underwear, socks, hats, headwear, headbands, ear muffs, mufflers, gaiters, scarves, gloves, mittens, and belts International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Jun. 2014 Use in Commerce: Jun. 2014 Basis Information (Case Level) Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information
Owner Name: Fifty-Six Hope Road Music Limited Owner Address: Aquamarine House, Cable Beach Nassau BAHAMAS Legal Entity Type: international business company State or Country BAHAMAS Where Organized: Attorney/Correspondence Information
Attorney of Record Attorney Name: Jesse Saivar Docket Number: 54742-00001 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent JESSE SAIVAR Name/Address: GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 1900 AVENUE OF THE STARS STE 2100 LOS ANGELES, CALIFORNIA 90067-4502 UNITED STATES Phone: (310) 553-3610 Fax: (310) 553-0687 Correspondent e- [email protected] jsaivar@greenberg Correspondent e- Yes mail: glusker.com [email protected] mail Authorized: Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Dec. 08, 2015 REGISTERED-PRINCIPAL REGISTER Nov. 04, 2015 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED Nov. 03, 2015 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Oct. 30, 2015 NOTIFICATION OF NON-FINAL ACTION E-MAILED Oct. 30, 2015 NON-FINAL ACTION E-MAILED Oct. 30, 2015 SU - NON-FINAL ACTION - WRITTEN 74676 Oct. 15, 2015 STATEMENT OF USE PROCESSING COMPLETE 71906 Oct. 06, 2015 USE AMENDMENT FILED 71906 Oct. 14, 2015 CASE ASSIGNED TO INTENT TO USE PARALEGAL 71906 Oct. 06, 2015 TEAS STATEMENT OF USE RECEIVED Jun. 16, 2015 NOA E-MAILED - SOU REQUIRED FROM APPLICANT Apr. 21, 2015 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Apr. 21, 2015 PUBLISHED FOR OPPOSITION Apr. 01, 2015 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Mar. 17, 2015 LAW OFFICE PUBLICATION REVIEW COMPLETED 66213 Mar. 14, 2015 ASSIGNED TO LIE 66213 Feb. 21, 2015 APPROVED FOR PUB - PRINCIPAL REGISTER Feb. 21, 2015 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Feb. 20, 2015 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Feb. 20, 2015 TEAS RESPONSE TO OFFICE ACTION RECEIVED Aug. 27, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Aug. 27, 2014 NON-FINAL ACTION E-MAILED 6325 Aug. 27, 2014 NON-FINAL ACTION WRITTEN 74676 Aug. 11, 2014 ASSIGNED TO EXAMINER 74676 May 15, 2014 NOTICE OF DESIGN SEARCH CODE E-MAILED May 14, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 02, 2014 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Nov. 03, 2015
EXHIBIT 78 Generated on: This page was generated by TSDR on 2016-09-12 14:52:37 EDT Mark: MARLEY ITAL
US Serial Number: 85334665 Application Filing Jun. 01, 2011 Date: US Registration 4905272 Registration Date: Feb. 23, 2016 Number: Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Feb. 23, 2016 Publication Date: Oct. 30, 2012 Notice of Dec. 25, 2012 Allowance Date:
Mark Information
Mark Literal MARLEY ITAL Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "ITAL" Translation: The English translation of the word "ital" in the mark is "pure". Related Properties Information
Claimed Ownership 3692924, 3778736, 3871574 and others of US Registrations: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: Coffee; coffee-based beverages; espresso; espresso-based beverages; tea; tea-based beverages; coffee beans; instant coffee; extracts used as flavoring for coffee and artificial coffee; unroasted coffee and tea; and hot chocolate International 030 - Primary Class U.S Class(es): 046 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Dec. 21, 2015 Use in Commerce: Dec. 21, 2015 Basis Information (Case Level)
Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information
Owner Name: Fifty-Six Hope Road Music Limited Owner Address: Aquamarine House, Cable Beach Nassau BAHAMAS Legal Entity Type: international business company State or Country BAHAMAS Where Organized: Attorney/Correspondence Information
Attorney of Record Attorney Name: Jesse Saivar Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Jesse Saivar Name/Address: Greenberg Glusker Fields Claman & Machtinger LLP 1900 Avenue of the Stars Suite 2100 Los Angeles, CALIFORNIA 90067 UNITED STATES Phone: (310) 553-3610 Fax: (310) 553-0687 Correspondent e- [email protected] jsaivar@greenberg Correspondent e- Yes mail: glusker.com [email protected] mail Authorized: Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Feb. 23, 2016 REGISTERED-PRINCIPAL REGISTER Jan. 22, 2016 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED Jan. 21, 2016 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Jan. 21, 2016 STATEMENT OF USE PROCESSING COMPLETE 70565 Dec. 22, 2015 USE AMENDMENT FILED 70565 Dec. 22, 2015 TEAS STATEMENT OF USE RECEIVED Jun. 05, 2015 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Jun. 04, 2015 EXTENSION 5 GRANTED 70565 Jun. 01, 2015 EXTENSION 5 FILED 70565 Jun. 01, 2015 TEAS EXTENSION RECEIVED Nov. 14, 2014 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Nov. 13, 2014 EXTENSION 4 GRANTED 70565 Nov. 07, 2014 EXTENSION 4 FILED 70565 Nov. 07, 2014 TEAS EXTENSION RECEIVED Sep. 19, 2014 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Sep. 18, 2014 EXTENSION 3 GRANTED 70565 Jun. 03, 2014 EXTENSION 3 FILED 70565 Jul. 11, 2014 CASE ASSIGNED TO INTENT TO USE PARALEGAL 70565 Jun. 05, 2014 PAPER RECEIVED Jun. 03, 2014 TEAS EXTENSION RECEIVED May 22, 2014 ATTORNEY REVOKED AND/OR APPOINTED May 22, 2014 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Dec. 24, 2013 NOTICE OF APPROVAL OF EXTENSION REQUEST MAILED Dec. 20, 2013 EXTENSION 2 GRANTED 98765 Dec. 20, 2013 EXTENSION 2 FILED 98765 Dec. 20, 2013 TEAS EXTENSION RECEIVED Jun. 26, 2013 NOTICE OF APPROVAL OF EXTENSION REQUEST MAILED Jun. 24, 2013 EXTENSION 1 GRANTED 98765 Jun. 24, 2013 EXTENSION 1 FILED 98765 Jun. 24, 2013 TEAS EXTENSION RECEIVED Dec. 25, 2012 NOA MAILED - SOU REQUIRED FROM APPLICANT Oct. 30, 2012 PUBLISHED FOR OPPOSITION Oct. 10, 2012 NOTICE OF PUBLICATION Sep. 22, 2012 LAW OFFICE PUBLICATION REVIEW COMPLETED 66213 Sep. 20, 2012 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 19, 2012 AMENDMENT FROM APPLICANT ENTERED 66213 Sep. 19, 2012 CORRESPONDENCE RECEIVED IN LAW OFFICE 66213 Sep. 10, 2012 PAPER RECEIVED May 16, 2012 NON-FINAL ACTION MAILED May 15, 2012 NON-FINAL ACTION WRITTEN 70729 Apr. 26, 2012 AMENDMENT FROM APPLICANT ENTERED 66213 Apr. 26, 2012 CORRESPONDENCE RECEIVED IN LAW OFFICE 66213 Apr. 06, 2012 ASSIGNED TO LIE 66213 Mar. 27, 2012 PAPER RECEIVED Jan. 12, 2012 ATTORNEY REVOKED AND/OR APPOINTED Jan. 12, 2012 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Sep. 26, 2011 NON-FINAL ACTION MAILED Sep. 23, 2011 NON-FINAL ACTION WRITTEN 70729 Sep. 17, 2011 ASSIGNED TO EXAMINER 70729 Jun. 09, 2011 TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED 88889 Jun. 09, 2011 TEAS VOLUNTARY AMENDMENT RECEIVED Jun. 04, 2011 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jun. 04, 2011 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jan. 21, 2016 Proceedings
Summary Number of 1 Proceedings: Type of Proceeding: Opposition Proceeding 91228313 Filing Date: Jun 07, 2016 Number: Status: Pending Status Date: Jun 07, 2016 Interlocutory ANDREW P BAXLEY Attorney: Defendant Name: WHISKEY GREEN LLC Correspondent Kristen M. Walsh Address: Nixon Peabody LLP 1300 Clinton Square Rochester NY , 14604 Correspondent e- [email protected],[email protected],[email protected] mail: Associated marks Serial Registration Mark Application Status Number Number MARLEE'S GREEN TEA WHISKEY Opposition Pending 86745684 Plaintiff(s) Name: Fifty-Six Hope Road Music Limited Correspondent Natasha Shabani Address: Greenberg Glusker Fields Claman & Machtinger LLP 1900 Avenue of the StarsSuite 2100 Los Angeles CA , 90067 UNITED STATES Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number MARLEY ITAL Registered 85334665 4905272 MARLEY'S MELLOW MOOD Registered 85767476 4457615 MARLEY'S MELLOW MOOD Registered 85066981 4659797 MARLEY COFFEE Registered 77466002 4254177 MARLEY COFFEE Registered 77466111 4328523 BOB MARLEY Registered 85050985 4422221 BOB MARLEY Registered 85050984 4422220 BOB MARLEY Registered 85050983 4425858 MARLEY COFFEE Registered 77466142 4187013 MAMA MARLEY Fourth Extension - Granted 77285596 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Jun 07, 2016 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Jun 07, 2016 Jul 17, 2016 3 PENDING, INSTITUTED Jun 07, 2016 4 STIP FOR EXT Jul 14, 2016 5 EXTENSION OF TIME GRANTED Jul 14, 2016 6 STIP FOR EXT Aug 15, 2016 7 EXTENSION OF TIME GRANTED Aug 15, 2016
EXHIBIT 79 Generated on: This page was generated by TSDR on 2016-09-12 14:52:52 EDT Mark: MARLEY
US Serial Number: 86140185 Application Filing Dec. 10, 2013 Date: US Registration 4918637 Registration Date: Mar. 15, 2016 Number: Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Mar. 15, 2016 Publication Date: Nov. 18, 2014 Notice of Jan. 13, 2015 Allowance Date:
Mark Information
Mark Literal MARLEY Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Related Properties Information
Claimed Ownership 3871574, 4158045, 4394278 and others of US Registrations: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: A full line of clothing; headwear International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Jun. 19, 2014 Use in Commerce: Jun. 19, 2014 Basis Information (Case Level)
Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Owner Name: Fifty-Six Hope Road Music Limited Owner Address: Aquamarine House, Cable Beach Nassau 0 BAHAMAS Legal Entity Type: international business State or Country BAHAMAS Where Organized: Attorney/Correspondence Information
Attorney of Record Attorney Name: Jesse Saivar Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Jesse Saivar Name/Address: Greenberg Glusker Fields Claman & Machtinger LLP 1900 Avenue of the Stars Suite 2100 Los Angeles, CALIFORNIA 90067 UNITED STATES Phone: (310) 553-3610 Fax: (310) 553-0687 Correspondent e- [email protected] jsaivar@greenberg Correspondent e- Yes mail: glusker.com [email protected] mail Authorized: Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Mar. 15, 2016 REGISTERED-PRINCIPAL REGISTER Feb. 12, 2016 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED Feb. 11, 2016 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Jan. 29, 2016 STATEMENT OF USE PROCESSING COMPLETE 65362 Dec. 15, 2015 USE AMENDMENT FILED 65362 Jan. 26, 2016 CASE ASSIGNED TO INTENT TO USE PARALEGAL 65362 Dec. 15, 2015 TEAS STATEMENT OF USE RECEIVED Jul. 01, 2015 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Jun. 29, 2015 EXTENSION 1 GRANTED 98765 Jun. 29, 2015 EXTENSION 1 FILED 98765 Jun. 29, 2015 TEAS EXTENSION RECEIVED Jan. 13, 2015 NOA E-MAILED - SOU REQUIRED FROM APPLICANT Nov. 18, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Nov. 18, 2014 PUBLISHED FOR OPPOSITION Oct. 29, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Oct. 15, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 70884 Oct. 12, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 25, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 70884 Sep. 25, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 70884 Sep. 18, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jun. 27, 2014 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 70884 Jun. 16, 2014 ASSIGNED TO LIE 70884 Jun. 05, 2014 PAPER RECEIVED May 22, 2014 ATTORNEY REVOKED AND/OR APPOINTED May 22, 2014 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Mar. 28, 2014 NON-FINAL ACTION MAILED Mar. 27, 2014 NON-FINAL ACTION WRITTEN 75425 Mar. 19, 2014 ASSIGNED TO EXAMINER 75425 Dec. 24, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Dec. 13, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Feb. 11, 2016
EXHIBIT 80 Generated on: This page was generated by TSDR on 2016-09-12 14:53:18 EDT Mark: BOB MARLEY
US Serial Number: 86426277 Application Filing Oct. 16, 2014 Date: US Registration 4763717 Registration Date: Jun. 30, 2015 Number: Register: Principal Mark Type: Service Mark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Jun. 30, 2015 Publication Date: Apr. 14, 2015
Mark Information
Mark Literal BOB MARLEY Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Name Portrait The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. Consent: Related Properties Information
Claimed Ownership 2349361, 3692924, 3934085 and others of US Registrations: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: Entertainment services, namely, providing a website featuring nondownloadable images, nondownloadable videos and information relating to musicians, music tours and live stage events relating thereto; Providing a website featuring nondownloadable video recordings in the fields of music and artistic performances; Organizing and conducting music tours for entertainment purposes; providing online electronic newsletters delivered by email in the field of music, entertainment, food, clothing and audio equipment International 041 - Primary Class U.S Class(es): 100, 101, 107 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Sep. 06, 1995 Use in Commerce: Sep. 06, 1995 Basis Information (Case Level)
Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information
Owner Name: Fifty-Six Hope Road Music Limited Owner Address: Aquamarine House, Cable Beach Nassau BAHAMAS Legal Entity Type: international business company State or Country BAHAMAS Where Organized: Attorney/Correspondence Information
Attorney of Record Attorney Name: Jesse J. Saivar Docket Number: 28217-00105 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent JESSE J. SAIVAR Name/Address: GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 1900 AVENUE OF THE STARS STE 2100 LOS ANGELES, CALIFORNIA UNITED STATES 90067-4502 Phone: (310) 553-3610 Fax: (310) 553-0687 Correspondent e- [email protected] jsaivar@greenberg Correspondent e- Yes mail: glusker.com [email protected] mail Authorized: Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Jun. 30, 2015 REGISTERED-PRINCIPAL REGISTER Apr. 14, 2015 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Apr. 14, 2015 PUBLISHED FOR OPPOSITION Mar. 25, 2015 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Mar. 07, 2015 LAW OFFICE PUBLICATION REVIEW COMPLETED 70138 Mar. 07, 2015 ASSIGNED TO LIE 70138 Feb. 17, 2015 APPROVED FOR PUB - PRINCIPAL REGISTER Feb. 09, 2015 EXAMINER'S AMENDMENT ENTERED 88888 Feb. 09, 2015 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Feb. 09, 2015 EXAMINERS AMENDMENT E-MAILED 6328 Feb. 09, 2015 EXAMINERS AMENDMENT -WRITTEN 74781 Feb. 04, 2015 ASSIGNED TO EXAMINER 74781 Oct. 23, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Oct. 20, 2014 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jun. 30, 2015
EXHIBIT 81 Generated on: This page was generated by TSDR on 2016-09-12 14:53:36 EDT Mark: ONE LOVE!
US Serial Number: 77549263 Application Filing Aug. 18, 2008 Date: US Registration 4859913 Registration Date: Nov. 24, 2015 Number: Register: Principal Mark Type: Service Mark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Nov. 24, 2015 Publication Date: Jan. 11, 2011 Notice of Jul. 01, 2014 Allowance Date:
Mark Information
Mark Literal ONE LOVE! Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: Entertainment services in the nature of live musical performances; organizing cultural festivals featuring music, dance, art exhibitions and heritage markets; providing information on a website relating to music, entertainment, and cultural festivals of others; and music publishing services International 041 - Primary Class U.S Class(es): 100, 101, 107 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Nov. 29, 2014 Use in Commerce: Nov. 29, 2014 Basis Information (Case Level)
Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information
Owner Name: Fifty-Six Hope Road Music Limited Owner Address: Aquamarine House, Cable Beach Nassau BAHAMAS Legal Entity Type: international business company State or Country BAHAMAS Where Organized: Attorney/Correspondence Information
Attorney of Record Attorney Name: Jesse Saivar Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent JESSE SAIVAR Name/Address: GREENBERG GLUSKER FIELDS CLAMAN & MACHTI 1900 AVENUE OF THE STARS STE 2100 LOS ANGELES, CALIFORNIA 90067-4502 UNITED STATES Phone: (310) 553-3610 Fax: (310) 553-0687 Correspondent e- [email protected] jsaivar@greenberg Correspondent e- Yes mail: glusker.com [email protected] mail Authorized: Domestic Representative - Not Found Prosecution History
Proceeding Date Description Number Nov. 24, 2015 REGISTERED-PRINCIPAL REGISTER Oct. 21, 2015 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED Oct. 20, 2015 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Oct. 17, 2015 TEAS/EMAIL CORRESPONDENCE ENTERED 74221 Oct. 17, 2015 CORRESPONDENCE RECEIVED IN LAW OFFICE 74221 Oct. 09, 2015 TEAS RESPONSE TO OFFICE ACTION RECEIVED Sep. 30, 2015 NOTIFICATION OF NON-FINAL ACTION E-MAILED Sep. 30, 2015 NON-FINAL ACTION E-MAILED Sep. 30, 2015 SU - NON-FINAL ACTION - WRITTEN 68792 Sep. 11, 2015 TEAS/EMAIL CORRESPONDENCE ENTERED 74221 Sep. 11, 2015 CORRESPONDENCE RECEIVED IN LAW OFFICE 74221 Sep. 08, 2015 TEAS RESPONSE TO OFFICE ACTION RECEIVED Mar. 30, 2015 NOTIFICATION OF NON-FINAL ACTION E-MAILED Mar. 30, 2015 NON-FINAL ACTION E-MAILED Mar. 30, 2015 SU - NON-FINAL ACTION - WRITTEN 68792 Mar. 09, 2015 STATEMENT OF USE PROCESSING COMPLETE 69302 Jan. 29, 2015 USE AMENDMENT FILED 69302 Mar. 03, 2015 CASE ASSIGNED TO INTENT TO USE PARALEGAL 69302 Jan. 29, 2015 TEAS STATEMENT OF USE RECEIVED Nov. 06, 2014 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Nov. 04, 2014 EXTENSION 1 GRANTED 98765 Nov. 04, 2014 EXTENSION 1 FILED 98765 Nov. 04, 2014 TEAS EXTENSION RECEIVED Jul. 01, 2014 NOA E-MAILED - SOU REQUIRED FROM APPLICANT Jun. 05, 2014 PAPER RECEIVED May 22, 2014 ATTORNEY REVOKED AND/OR APPOINTED May 22, 2014 TEAS REVOKE/APPOINT ATTORNEY RECEIVED May 21, 2014 TTAB RELEASE CASE TO TRADEMARKS 198552 May 21, 2014 OPPOSITION TERMINATED NO. 999999 198552 May 21, 2014 OPPOSITION DISMISSED NO. 999999 198552 Jan. 12, 2012 ATTORNEY REVOKED AND/OR APPOINTED Jan. 12, 2012 TEAS REVOKE/APPOINT ATTORNEY RECEIVED Feb. 10, 2011 OPPOSITION INSTITUTED NO. 999999 198552 Feb. 09, 2011 OPPOSITION PAPERS RECEIVED AT TTAB Jan. 11, 2011 PUBLISHED FOR OPPOSITION Dec. 22, 2010 NOTICE OF PUBLICATION Dec. 06, 2010 LAW OFFICE PUBLICATION REVIEW COMPLETED 74221 Dec. 06, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER Dec. 04, 2010 AMENDMENT FROM APPLICANT ENTERED 74221 Dec. 04, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE 74221 Dec. 02, 2010 PAPER RECEIVED Sep. 30, 2010 REPORT COMPLETED SUSPENSION CHECK CASE STILL SUSPENDED 74221 Apr. 02, 2010 NOTICE OF REINSTATEMENT MAILED Mar. 30, 2010 LETTER OF SUSPENSION MAILED Mar. 30, 2010 SUSPENSION LETTER WRITTEN 68792 Mar. 29, 2010 REINSTATEMENT GRANTED - INADVERTENTLY ABANDONED 70458 Mar. 18, 2010 ASSIGNED TO PETITION STAFF 70458 Mar. 15, 2010 PETITION TO REVIVE-RECEIVED Mar. 15, 2010 PAPER RECEIVED Feb. 12, 2010 ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND Feb. 11, 2010 ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE Jul. 13, 2009 FINAL REFUSAL MAILED Jul. 13, 2009 FINAL REFUSAL WRITTEN 68792 Jun. 19, 2009 AMENDMENT FROM APPLICANT ENTERED 74221 Jun. 19, 2009 CORRESPONDENCE RECEIVED IN LAW OFFICE 74221 Jun. 01, 2009 PAPER RECEIVED Mar. 23, 2009 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888 Mar. 23, 2009 TEAS CHANGE OF OWNER ADDRESS RECEIVED Nov. 26, 2008 NON-FINAL ACTION MAILED Nov. 26, 2008 NON-FINAL ACTION WRITTEN 68792 Nov. 26, 2008 ASSIGNED TO EXAMINER 68792 Sep. 16, 2008 APPLICANT AMENDMENT PRIOR TO EXAMINATION - ENTERED 74221 Sep. 16, 2008 ASSIGNED TO LIE 74221 Sep. 09, 2008 PAPER RECEIVED Aug. 21, 2008 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information
TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 20, 2015 Proceedings
Summary Number of 2 Proceedings: Type of Proceeding: Opposition Proceeding 91198552 Filing Date: Feb 09, 2011 Number: Status: Terminated Status Date: May 21, 2014 Interlocutory ANDREW P BAXLEY Attorney: Defendant Name: Fifty-Six Hope Road Music Limited Correspondent JILL M PIETRINI Address: SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 AVENUE OF THE STARS , SUITE 1600 LOS ANGELES CA , 90067-6017 UNITED STATES Correspondent e- [email protected] , [email protected] , [email protected] , [email protected] , [email protected] , [email protected] mail: om Associated marks Registration Mark Application Status Serial Number Number ONE LOVE Registered 77549263 4859913 Plaintiff(s) Name: Raising Cane's USA, L.L.C. Correspondent S LLOYD SMITH Address: BUCHANAN INGERSOLL & ROONEY PC 1737 KING STREET, SUITE 500 ALEXANDRIA VA , 22314-1404 UNITED STATES Correspondent e- [email protected] , [email protected] , [email protected] , [email protected] mail: Associated marks Registration Mark Application Status Serial Number Number ONE LOVE Registered 76579348 3033511 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Feb 09, 2011 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Feb 10, 2011 Mar 22, 2011 3 PENDING, INSTITUTED Feb 10, 2011 PROCEEDINGS CONSOLIDATED; MOTION TO STRIKE DENIED; TRIAL DATES 4 RESET Mar 24, 2011 5 ANSWER Mar 25, 2011 6 P'S MOTION FOR SUMMARY JUDGMENT Aug 19, 2011 7 STIPULATED PROTECTIVE ORDER Aug 19, 2011 8 SUSPENDED PENDING DISP OF OUTSTNDNG MOT Aug 25, 2011 9 D'S OPPOSITION/RESPONSE TO MOTION Sep 23, 2011 10 BOST DECLARATION Sep 23, 2011 11 CRUJEIRAS DECLARATION Sep 26, 2011 12 COPY OF #9 Sep 26, 2011 13 COPY OF #10 PLUS EXHIBIT N Sep 26, 2011 14 P'S REPLY IN SUPPORT OF MOTION Oct 13, 2011 15 D'S SURREPLY Oct 26, 2011 16 D CHANGE OF CORRESPONDENCE Jan 12, 2012 17 MOTION FOR SUMMARY JUDGEMENT DENIED; MOTION TO COMPEL DENIED Jul 06, 2012 18 STIPULATION FOR AN EXTENSION OF TIME Aug 06, 2012 19 P'S MOTION TO AMEND PLEADING/AMENDED PLEADING Aug 16, 2012 20 EXTENSION OF TIME GRANTED Aug 22, 2012 21 ANSWER TO AMENDED PETITION FOR CANCELLATION Sep 25, 2012 22 STIPULATION FOR AN EXTENSION OF TIME Oct 26, 2012 23 EXTENSION OF TIME GRANTED Oct 26, 2012 24 D'S MOTION TO COMPEL DISCOVERY Nov 29, 2012 25 SUSPENDED PENDING DISP OF OUTSTNDNG MOT Dec 12, 2012 26 P'S MOTION TO COMPEL DISCOVERY Dec 17, 2012 27 P'S OPPOSITION/RESPONSE TO MOTION Dec 19, 2012 28 SUSPENDED PENDING DISP OF OUTSTNDNG MOT Dec 27, 2012 29 D'S REPLY IN SUPPORT MOTION COMPEL Jan 08, 2013 30 PROCEEDINGS RESUMED Jun 17, 2013 31 P MOT FOR EXT W/O CONSENT Aug 20, 2013 32 P CERT OF SERVICE Aug 20, 2013 33 D OPP/RESP TO MOTION Sep 09, 2013 34 TRIAL DATES RESET Sep 19, 2013 35 P MOT FOR EXT W/ CONSENT Oct 17, 2013 36 EXTENSION OF TIME GRANTED Oct 24, 2013 37 P CHANGE OF CORRESP ADDRESS Nov 05, 2013 38 D MOT TO SUSP PEND DISP CIV ACTION Dec 09, 2013 39 P OPP/RESP TO MOTION Dec 26, 2013 40 D REPLY IN SUPPORT OF MOTION Jan 15, 2014 41 SUSP PEND DISP OF CIVIL ACTION Jan 21, 2014 42 W/DRAW OF OPPOSITION May 12, 2014 43 W/DRAW OF CANCELLATION May 12, 2014 44 BD DECISION: DISMISSED W/ PREJ May 21, 2014 45 TERMINATED May 21, 2014 Type of Proceeding: Cancellation Proceeding 92051997 Filing Date: Jan 19, 2010 Number: Status: Terminated Status Date: Nov 19, 2010 Interlocutory ANDREW P BAXLEY Attorney: Defendant Name: Agency Group USA Limited, The Correspondent THE AGENCY GROUP USA LIMITED Address: 142 WESTt 56TH STREET, 6TH FLOOR NEW YORK NY , 10019 UNITED STATES Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number ONE LOVE Cancelled - Section 18 76370165 2787234 Plaintiff(s) Name: Fifty-Six Hope Road Music Limited Correspondent JILL M. PIETRINI Address: MANATT, PHELPS & PHILLIPS, LLP 11355 W. OLYMPIC BOULEVARD LOS ANGELES CA , 90064-1631 UNITED STATES Correspondent e- [email protected] mail: Associated marks Registration Mark Application Status Serial Number Number ONE LOVE Registered 77549263 4859913 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Jan 19, 2010 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Jan 27, 2010 Mar 08, 2010 3 PENDING, INSTITUTED Jan 27, 2010 4 CHANGE OF CORRESPONDENCE ADDRESS Mar 02, 2010 5 STIPULATION FOR AN EXTENSION OF TIME Mar 03, 2010 6 EXTENSION OF TIME GRANTED Mar 03, 2010 7 D'S MOTION FOR AN EXTENSION OF TIME Apr 06, 2010 8 EXTENSION OF TIME GRANTED Apr 09, 2010 9 STIPULATION FOR AN EXTENSION OF TIME Jun 04, 2010 10 EXTENSION OF TIME GRANTED Jun 04, 2010 11 NOTICE OF DEFAULT Sep 13, 2010 12 BOARD'S DECISION: GRANTED Nov 09, 2010 13 COMMR'S ORDER CANCELLING REGISTRATION Nov 19, 2010 14 TERMINATED Nov 19, 2010
EXHIBIT 82
EXHIBIT 83 PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/2009) Response to Office Action
The table below presents the data as entered.
Input Field Entered SERIAL NUMBER 77113202 LAW OFFICE ASSIGNED LAW OFFICE 109 MARK SECTION (no change) ARGUMENT(S) This is responsive to Office Action dated June 11, 2007 in connection with the application for publication of the mark, “THE MARLEY BROTHERS” on the Principal Register. Applicant respectfully requests that the Examining Attorney reconsider the refusal to register Applicants’ mark, as set forth below. SURNAME REFUSAL
While the Examining Attorney is correct that the term "MARLEY" is a surname, in this case, the surname is far from being "merely a surname." Applicants are five brothers and the sons of the late musical legend, Bob Marley. Each of the Applicants is an established musical recording and performing artist in his own right, and, collectively, the Applicants carry on the inherited musical traditions of their father. To demonstrate the strength of the surname at issue, well over two decades following his death, Bob Marley's greatest hits album, Legend, sold approximately 285,000 copies in 2006, according to SoundScan. To date, Legend alone has been certified ten times Platinum status (indicating sales in excess of ten million copies in the United States) by the Recording Industry Association of America (the “RIAA”). According to allmusic.com: "Reggae's most transcendent and iconic figure, Bob Marley, was the first Jamaican artist to achieve international superstardom, in the process introducing the music of his native island nation to the far-flung corners of the globe…His songs of faith, devotion, and revolution created a legacy that continues to live on not only through the music of his extended family but also through generations of artists the world over touched by his genius." Applicant Damian Marley’s album, Welcome to Jamrock, was recently certified Gold (indicating sales in excess of five hundred thousand copies) by the RIAA, and the albums, Conscious Party and One Bright Day, by Applicant Ziggy Marley and his previous band, The Melody Makers (including co-Applicant Stephen Marley), have been certified Platinum and Gold, respectively, by the RIAA. Collectively, the Applicants have commercially released more than twenty-five full-length albums in the United States, which, according to SoundScan, have sold in excess of 2,700,000 units to date. Clearly the Applicants are known to the public by their surnames. An internet search of the term "Marley" on Yahoo.com reveals that all but two of the first-page entries relate directly to Bob Marley or to Ziggy Marley, Ky-Mani Marley and Damian Marley, each an Applicant of the proposed mark. The first-page entries of a similar search for “Marley Brothers” are solely made up of links to webpages about the Applicants. Certainly, there can be no doubt that the name "Marley" has acquired secondary meaning and is associated with Bob Marley and his family in the minds of the general public, and that the same public associates the phrase “Marley Brothers” with Bob Marley’s sons. SIMILAR MARK PUBLISHED FOR OPPOSITION
It is noted that Applicants’ other mark, “THE MARLEY BOYS”, serial numbers 77/118040 and 77/118028, was recently approved by the Examining Attorney for publication (and a subsequent Notice of Allowance was issued) in identical classes to the mark at issue. It is also noted that the mark “THE DIAZ BROTHERS”, serial number 78/417006, was approved for publication and subsequently registered, seemingly without evidence of acquired distinctiveness. We do not see a clear distinction between the aforementioned marks, and ask that the same standard that was applied to the published marks be applied to the mark at issue. CONCLUSION
Having responded fully to the cited Office Action, Applicants respectfully request that the application be passed for publication on the Principal Register. SIGNATURE SECTION
RESPONSE SIGNATURE /jaf/
SIGNATORY'S NAME Jason A. Finestone
SIGNATORY'S POSITION Attorney of record
DATE SIGNED 11/29/2007
AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION
SUBMIT DATE Thu Nov 29 15:10:33 EST 2007 USPTO/ROA-XXX.XXX.XXX.XX- 20071129151033546729-7711 TEAS STAMP 3202-4105db9f06943a5662cb 8698b6be45e79ae-N/A-N/A-2 0071129150833399523
PTO Form 1957 (Rev 9/2005) OMB No. 0651-0050 (Exp. 04/2009)
Response to Office Action To the Commissioner for Trademarks:
Application serial no. 77113202 has been amended as follows:
ARGUMENT(S) In response to the substantive refusal(s), please note the following:
This is responsive to Office Action dated June 11, 2007 in connection with the application for publication of the mark, “THE MARLEY BROTHERS” on the Principal Register. Applicant respectfully requests that the Examining Attorney reconsider the refusal to register Applicants’ mark, as set forth below. SURNAME REFUSAL
While the Examining Attorney is correct that the term "MARLEY" is a surname, in this case, the surname is far from being "merely a surname." Applicants are five brothers and the sons of the late musical legend, Bob Marley. Each of the Applicants is an established musical recording and performing artist in his own right, and, collectively, the Applicants carry on the inherited musical traditions of their father. To demonstrate the strength of the surname at issue, well over two decades following his death, Bob Marley's greatest hits album, Legend, sold approximately 285,000 copies in 2006, according to SoundScan. To date, Legend alone has been certified ten times Platinum status (indicating sales in excess of ten million copies in the United States) by the Recording Industry Association of America (the “RIAA”). According to allmusic.com: "Reggae's most transcendent and iconic figure, Bob Marley, was the first Jamaican artist to achieve international superstardom, in the process introducing the music of his native island nation to the far-flung corners of the globe…His songs of faith, devotion, and revolution created a legacy that continues to live on not only through the music of his extended family but also through generations of artists the world over touched by his genius." Applicant Damian Marley’s album, Welcome to Jamrock, was recently certified Gold (indicating sales in excess of five hundred thousand copies) by the RIAA, and the albums, Conscious Party and One Bright Day, by Applicant Ziggy Marley and his previous band, The Melody Makers (including co- Applicant Stephen Marley), have been certified Platinum and Gold, respectively, by the RIAA. Collectively, the Applicants have commercially released more than twenty-five full-length albums in the United States, which, according to SoundScan, have sold in excess of 2,700,000 units to date. Clearly the Applicants are known to the public by their surnames. An internet search of the term "Marley" on Yahoo.com reveals that all but two of the first-page entries relate directly to Bob Marley or to Ziggy Marley, Ky-Mani Marley and Damian Marley, each an Applicant of the proposed mark. The first-page entries of a similar search for “Marley Brothers” are solely made up of links to webpages about the Applicants. Certainly, there can be no doubt that the name "Marley" has acquired secondary meaning and is associated with Bob Marley and his family in the minds of the general public, and that the same public associates the phrase “Marley Brothers” with Bob Marley’s sons. SIMILAR MARK PUBLISHED FOR OPPOSITION
It is noted that Applicants’ other mark, “THE MARLEY BOYS”, serial numbers 77/118040 and 77/118028, was recently approved by the Examining Attorney for publication (and a subsequent Notice of Allowance was issued) in identical classes to the mark at issue. It is also noted that the mark “THE DIAZ BROTHERS”, serial number 78/417006, was approved for publication and subsequently registered, seemingly without evidence of acquired distinctiveness. We do not see a clear distinction between the aforementioned marks, and ask that the same standard that was applied to the published marks be applied to the mark at issue. CONCLUSION
Having responded fully to the cited Office Action, Applicants respectfully request that the application be passed for publication on the Principal Register.
SIGNATURE(S) Response Signature Signature: /jaf/ Date: 11/29/2007 Signatory's Name: Jason A. Finestone Signatory's Position: Attorney of record
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
Serial Number: 77113202 Internet Transmission Date: Thu Nov 29 15:10:33 EST 2007 TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-200711291510335 46729-77113202-4105db9f06943a5662cb8698b 6be45e79ae-N/A-N/A-20071129150833399523
EXHIBIT 84 Generated on: This page was generated by TSDR on 2016-09-12 13:40:19 EDT Mark: MARLEY
US Serial Number: 72313594 Application Filing Dec. 04, 1968 Date: US Registration 925011 Registration Date: Dec. 07, 1971 Number: Register: Principal Mark Type: Trademark Status: Registration cancelled because registrant did not file an acceptable declaration under Section 8. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page. Status Date: Mar. 11, 2016 Date Cancelled: Mar. 11, 2016
Mark Information
Mark Literal MARLEY Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Design Search 02.01.02 - Men depicted as shadows or silhouettes of men; Silhouettes of men Code(s): 02.01.33 - Grotesque men formed by letters, numbers, punctuation or geometric shapes; Stick figures 26.11.11 - Rectangles divided twice into three sections 26.11.21 - Rectangles that are completely or partially shaded Foreign Information
Foreign 882340 Foreign Jul. 26, 1965 Registration Registration Date: Number: Foreign GREAT BRITAIN Application/Registration Country:
Foreign 882341 Foreign Jul. 26, 1965 Registration Registration Date: Number: Foreign GREAT BRITAIN Application/Registration Country: Goods and Services
Note: The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.
For: PLASTIC COVERINGS OF THE SMOOTH SURFACE TYPE FOR FLOORS IN THE FORM OF ROLLS [ , RUGS, ] AND TILES International 027 U.S Class(es): 020 - Primary Class Class(es): Class Status: SECTION 8 - CANCELLED Basis: 44(e) Basis Information (Case Level)
Filed Use: No Currently Use: No Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: Yes Currently 44E: Yes Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information
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Proceeding Date Description Number Mar. 11, 2016 CANCELLED SEC. 8 (10-YR)/EXPIRED SECTION 9 Sep. 10, 2008 CASE FILE IN TICRS Oct. 19, 2001 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) Oct. 19, 2001 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED Jul. 30, 2001 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED Jun. 16, 1992 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) Mar. 10, 1992 RESPONSE RECEIVED TO POST REG. ACTION Jan. 27, 1992 RESPONSE RECEIVED TO POST REG. ACTION Jan. 15, 1992 POST REGISTRATION ACTION MAILED - SEC. 9 Nov. 22, 1991 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 Maintenance Filings or Post Registration Information
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Summary Total Assignments: 2 Registrant: MARLEY TILE COMPANY LIMITED, THE Assignment 1 of 2 Conveyance: ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL Reel/Frame: 0474/0851 Pages: 2 Date Recorded: Aug. 29, 1984 Supporting No Supporting Documents Available Documents: Assignor Name: MARLEY ROOF TILE COMPANY LIMITED,THE Execution Date: Aug. 04, 1984 Legal Entity Type: A LIMITED LIABILITY COMPANY State or Country UNITED KINGDOM Where Organized: Assignee Name: MARLEY TILE COMPANY LIMITED Legal Entity Type: A LIMITED LIABILITY COMPANY State or Country UNITED KINGDOM Where Organized: Address: LONDON ROAD RIVERHEAD, SEVENOAKS, KENT, ENGLAND Correspondent Correspondent BACON AND THOMAS Name: Correspondent P. O. BOX 2587 Address: ARLINGTON, VA 22202 Domestic Representative - Not Found Assignment 2 of 2 Conveyance: ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL Reel/Frame: 0588/0815 Pages: 5 Date Recorded: Dec. 31, 1987 Supporting No Supporting Documents Available Documents: Assignor Name: MARLEY TILE COMPANY LIMITED, THE Execution Date: Dec. 10, 1987 Legal Entity Type: UNKNOWN State or Country No Place Where Organized Found Where Organized: Assignee Name: MARLEY (U.K.) LIMITED Legal Entity Type: UNKNOWN State or Country No Place Where Organized Found Where Organized: Address: LONDON ROAD RIVERHEAD, SEVENOAKS, KENT, ENGLAND Correspondent Correspondent BACON & THOMAS Name: Correspondent 625 SLATERS LANE, FOURTH FLOOR Address: ALEXANDRIA, VA 22314 Domestic Representative - Not Found Proceedings
Summary Number of 1 Proceedings: Type of Proceeding: Opposition Proceeding 91050289 Filing Date: Apr 09, 1970 Number: Status: Terminated Status Date: Oct 18, 1971 Interlocutory Attorney: Defendant Name: THE MARLEY TILE COMPANY LIMITED Associated marks Serial Registration Mark Application Status Number Number MARLEY Cancelled - Section 8 72313594 925011 Plaintiff(s) Name: PHILLIPS PETROLEUM COMPANY Associated marks Registration Mark Application Status Serial Number Number MARLEX Renewed 71654478 616017 Prosecution History Entry Number History Text Date Due Date 1 PENDING, INSTITUTED Apr 09, 1970 2 FILED Dec 15, 1970 3 ANSWER Dec 30, 1970 4 BD'S DECISION: DISMISSED W/O PREJUDICE Oct 12, 1971 5 TERMINATED Oct 18, 1971
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EXHIBIT 86 France | Banfi Wines Page 1 of 20
REGION France
CHOOSE GRAPE — Select — FRANCE
CHOOSE REGION — Select —
As the Roman Empire expanded into northern countries, the knowledge of winemaking was fostered by the conquering legions. Today’s France, formerly known as Gaul and inhabited by Celts (wine and mead drinkers) became a wine country after the Roman occupation.
So successful was winemaking that Emperor Domitian ordered half the vines of Gaul to be uprooted, lest they be too competitive with Rome’s production.
Later, the Emperor Probus returned full right to plant and cultivate the vine to the Gauls, thus giving new impetus to France’s viticultural traditions.
Since 1935 the great wines of France have been controlled by a code of law known as “code de legislation des Appellations d’Origine Controlee.” This code has been completed by various other laws
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controlling the “Vin Delimtes de Qualite Superieure” and the “Vins de Pays” and more recently, the Vins de Table.
THE WINE LAWS
The old EEC regulations recognized two categories of wine: “vin de table” and VQPRD (Vins de Qualite’ Produits dans une Region Determinee). In France each of these two categories is itself divided into two sections. Therefore, there are four categories of French wines. The Wine Cellar indicates “`Vin de Table – Wines with this designation are listed as being from France and provide the producers name on the label. Vin de Table, or Table wine are made from any vineyard or grape varietal in France. Wine sold as Vin de Table do not by law, list grape varietals, vintage, regions, appellations or production techniques on the label. There are no restrictions on the grapes, vineyard management or production techniques used to produce Vin de Table wine.
Vins Sans Indication Geographique – VSIG is the new classification for Vin de Table wines. VISG wines are allowed to use the name of the country. but not the specific grape variety, year, appellation or region on the label of Vins Sans Indication Geographique classified wines
Vin de Pays – VDP – Wines using the Vin de Pays designation were produced from a specific, major, wine growing region, they also state the producers name and France. Vin de Pays allows more information to be placed on the label including the area the wine was produced in. There are very few restrictions in the production of wines sold as Vin de Pays.
Vin Delimité de Qualite Superieure – VDQS is seldom encountered today. Less than 1% of all French wines bear the VDQS designation on the label. Vin Delimité de Qualite Superieure is similar, but less restrictive in its rules and regulations for the grape varieties, terroir and production techniques than the more commonly seen AOC classification. VDQS wines are seen as being produced from a recognized area that has not yet been approved as an appellation by the AOC.
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Appellation d’Origine Controlee – AOC, accounts for 53.4% of all wines from France. Currently, more than 450 separate and potentially distinct AOC’s in France are in use today. There are a series of rules and regulations that go along with being classified as an AOC wine. This includes restrictions as to the specific geological area where the fruit is grown and the wine was made; along with the type of allowable grape variety planted in the vineyard. There are also specific, agreed upon production methods, minimum levels of alcohol and maximum levels of yields, vine age and required minimum vineyard planting densities. There are also rules for harvesting and vinification techniques in place along with restrictions on where the cellars must be located. In some cases, exemptions are granted in the case of cellar locations and on occasion some of the other rules. However, it is important to note that every quality grower produces wine from lower yields and higher levels of alcohol than is the minimum standard allowed by AOC law. In fact, most of the standards required for the Appellation d’Origine Controlee classification are surpassed by every serious wine producer.
Beyond the classification of the appellations and vineyards, depending on the specific appellation or AOC, vineyards and chateaux can also be classified. The most famous of these classifications is the 1855 Classification of the Medoc that we discussed earlier. Burgundy has its own vineyard classification system as does St. Emilion.
While Bordeaux is the most heavily classified, wine producing region in France, it is not the only appellation to classify their wines. Burgundy is the second most, wine producing, classified region in France. Fortunately for Burgundy wine lovers, the classification is reasonably simple to understand. The main ideal that differentiates the classifications of Burgundy from that of Bordeaux is that in Bordeaux, with the exception of St. Emilion, it is the chateau or producer that is classified. In Burgundy they classify the terroir.
Grand Cru is the top classified status in Burgundy. Not many vineyards are eligible for Grand Cru status. To give you an idea, about 2% of the Burgundy regions vineyards are classified as Grand Cru. On the label, only the vineyard and classified status is listed. Grand Cru wines are produced from the lowest yields of all classified Burgundy wines.
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Premier Cru is the next highest level of classified status for Burgundy wines. Close to 12% of all Burgundy vineyards are classified with Premier Cru status. Premier Cru classified wines provide the name of the village first, and then the vineyard on the label. If the wine is produced from multiple vineyards from the same village, only the vineyard name will appear on the label.
Village wines, the next level of classification in Burgundy list the appellation when they are produced from multiple villages. This is quite common as many of these wines are produced from a myriad of villages and vineyards. For wines produced from one village and vineyard, that information is placed clearly on the label.
Regional wines are the lowest level of classification in the Burgundy system. The wines are not produced under the same rules and conditions as the higher levels of classified Burgundy wines.
Chablis, even though the appellation is located in Burgundy has its own unique system of classification or its wines. Generally speaking, the Chablis classification is quite close to what is established in Burgundy. However there are a few differences. Chablis has 4 levels of classified status: Grand Cru, Premier Cru, Village Chablis and Petit Chablis.
Beaujolais has their own system of classification, even though they are also in Burgundy. The wines of Beaujolais have the following different levels of classification: Beaujolais AOC/AOP, Beaujolais Villages and Beaujolais Cru.
Champagne has its own, unique system of classification. Interestingly, the classification of Champagne takes the level of quality of the grapes into consideration, along with the terroir and soil. In Champagne the best wines are classified as Grand Cru Champagne, followed by Premier Cru Champagne.
Alsace wines are classified as well. The wines of Alsace have two levels of classification, Grand Cru and Alsace AOC/AOP.
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It’s not just the French that like to classify things. Most, if not all of Europe enjoy classifications. It took long enough, but a new system for the classification of wines from France was created in 2012 to replace the previous, antiquated, classification. The 2012 classification system is much more simple. It relies on three levels of basic classification instead of four. Plus more information is available to the consumer on the new labels attached to wine bottles as allowable by law. However, it should be noted that due to competition on the marketplace, the recent 2012 classification has been ammended as you will see below.
The new categories are of classification in France are:
Vin de France – This new classification, which replaces Vin de Table, allows the consumer to know much more information about the wine. Wines with the Vin de France designation sport wine labels that include the type of grape variety used to produce the wine and the specific vintage. However, other than the country of France, no information is allowed as to where the grapes are from. It’s important that some Vin de France can be quite good, and also expensive. That is because some wines are forced to use the Vin de France classification because they violated appellation law. As an example, they included grapes not allowed in the region, or the vineyard management techniques did not conform to AOC regulations.
Indication Geographique Protegee – IGP will be used instead of Vin de Pays. IGP wines offer growers and producers a myriad of choices as there are no restrictions on grape varieties. Estates are also allowed to blend grapes or wine from multiple appellations.
Appellation d’Origine Protegee – AOP is intended to replace the previously important AOC classification, Appellation d’Origine Controlee. Not much else has changed in this classification, other than the name.
Organic and Biodynamic wines are now certified. To be a producer with the ability to place the words organic on your label, for a minimum of a three year period, the wine maker must use oonly organic farming techniques. Certification be granted from any of the following agencies
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which are regulated by the French Minsitry of Agriculture: Ecocert, Qualite France, ULSAE, Agrocert, Certipaq and ACLAVE. Estates with the right to place the word Organic on their label have two possibilities. Once they are certified as Agriculture Biologique, they can use a logo from either the EU or the official Organic label.
Biodynamic Certification is granted to estates that for a minimum of a three period farm their vineyards utilizing the techniques created by Rudolf Steiner. The same bodies that certify organic producers also certify Biodynamic estates: Ecocert, Qualite France, ULSAE, Agrocert, Certipaq and ACLAVE. An additional or different certification is available, Demeter. Demeter certification is given to estates making wine from biodynamically certified fruit that was produced under the rule and regulations of the Demeter group.
Producers with SIVCBD; Biodyvin on their label are members of The Syndicat International des Vignerons en Culture Bio-Dynamique association.”
ALSACE
The vineyards in the northernmost area of France were originally planted by the Roman legion in their expansion into northern territories. Alsace soon became an important wine-producing region.
The are planted on the lower slopes of the Vosges mountains facing the Rhine.
The wines of Alsace are sold under the names of the grape varieties from which they are made: Chasselas, Sylvaner, Riesling (the most notable), Gewurztraminer, Pinot Blanc, Pinot Gris (Tokay d’Alsace), Muscat d’Alsace and Pinot Noir (Rose’ d’Alsace). The name of the parish where the grapes are grown (Barr, Eguisheim, Riquewihr, Ammerchwihr, Kayserberg, Mittelwirh and Ribeauville) may be added.
A sparkling wine produced here — whether red, white or rose’– is sold under the designation “Cremant d’Alsace.
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BORDEAUX
The Bordeaux vineyards lie in the southwest of France within the department of Gironde.
The vine has been prospering here for a long time. Thanks to the marriage of Eleanor of Aquitaine with the King of England, Henry II Plantagenet, to whom she brought Aquitaine as her dowry, the wines of Bordeaux were exported very early (1152) to England.
The region of Bordeaux is arguably the largest “vineyard of fine wines” in the world. The following, renowned growing areas account for its world acclaim.
MEDOC and GRAVES – A narrow strip of land which lies along more than 60 miles of the left bank of the Gironde estuary and the Garonne comprises the Medoc and Graves.
It is where the following appellations are to be found: Medoc, Haut- Medoc, Saint Estephe, Pauillac, Saint-Julien, Moulis, Listrac, Margaux and Graves which are produced with Cabernet and Merlot.
In 1855 at the request of the Bordeaux Chamber of Commerce the wines of Medoc were classified and this classification officially remains, with the exception of Chateau Mouton-Rothschild, which was classified 2nd growth in 1855 but has since been promoted to 1st growth in 1973.
There are now five first growths: Chateau, Lafite-Rothschild, Chateau Latour, Chateaux Margaux, Chateau Mouton-rothschild and Chateau Haut-Brion (Graves).
There are also fourteen second growths, fourteen third, ten fourth and eighteen fifth growths.
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SAINT EMILION – The grape varieties grown in Saint Emilion are Cabernet Franc, Merlot and Malbec, with some Cabernet Sauvignon and Bouchet.
The wines were classified officially in 1954 and again in 1969; they count two 1st growths “A” Chateau Ausone and Chateau Cheval Blanc, ten 1st growths “B” and 72 classified growths.
POMEROL – An important wine district in Bordeaux, located next door to Saint Emilion. Pomerol produces only powerful red wines, dark in color.
BORDEAUX and COTES de BORDEAUX -This appellation represents the largest production in the Gironde area. Red and white wines are marketed under the appellations Bordeaux or Bordeaux Superieur. If made with grapes from the right bank of the Garonne the appellation Premieres Cotes de Bordeaux, or the Cotes de Bourg and Premieres Cotes de Blaye (just opposite the Medoc), Cotes de Castillon (just east of Saint-Emilion), and the Graves de Vayre (southwest of Libourne).
GRAVES, ENTRE-DEUX-MERS, COTES DE BLAYE – White Graves is crisp and has an elegant bouquet. Entre-Deux-Mers between the Garonne and Dordogne rivers produces a delightfully dry white as does the region of the Cotes de Blaye.
SAUTERNES – BARSAC – Sauternes produces some of the most prized sweet wines in the world. The neighboring appellations Cerons,
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Sainte-Croix-du-Mont, Loupiac, Cadillac and Premiers Cotes de Bordeaux also produce sweet wines. These wines are pleasant, but do not have the honey-like intensity of Sauternes and, to a lesser extent, Barsac.
Semillon, Sauvignon and Muscadelle grapes are responsible for these wines They grow in clayish, gravelly soils. Their special feature is that they are attacked in certain vineyards by a fungus called “Botrytis Cinerea”, better known as “noble rot.”
The fungus penetrates the skins of the grapes, and feeds on the juice within each berry. While it does not affect the flavor of the grapes, it causes a rapid evaporation of the water. The result is greater concentration of sugar.
The wine of Sauternes-Barsac is a sweet white, amber in color when young and old gold when it has aged. It has an amazing bouquet of honey and wild flowers.
BURGUNDY
Burgundy was first a kingdom, then a duchy and, finally, a province of France.
Historians tell us that the grape-growing in this area started with the Phoenicians, from the ancient kingdom of Mediterranean sailors and traders. Afterwards, the Romans contributed to the culture of the vine with even greater enthusiasm.
In contrast to many vineyards in Bordeaux, which tend to be single- owned estates, those of Burgundy often are shared by different owners.
Principal grapes grown in Burgundy are the noble Chardonnay and Aligote’, an all-purpose grape for making white wines. Reds acquire their character from Pinot Noir and Gamay.
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The wines of Burgundy are classified according to four categories. The most basic appellation is “Bourgogne.” A step above is “Villages.” The name of the parish, such as Chambolle-Musigny, Nuits-Saint-Georges or Gevrey-Chambertin, must appear on the label, along with the name of the vineyard. The listing, for example, would appear as “Chambolle- Musigny Les Amoureuses,” Nuits-St. Georges Les Poirets.
Then come the “Premier Crus,” and finally, the Grand Crus,” where only the name of the vineyard appears on the labels.
CHABLIS – Chablis covers some 3,600 acres, and, on average, produces some 11,000,000 gallons of dry white wine from the Chardonnay planted in marly chalk soil.
First, there is the Chablis “Grand Cru.” There are seven of these: Vaudesir, Les Preusses, Les Clos, Grenoilles, Bougros, Valmur and Blanchots. Then come the Chablis “Premier Cru” almost as great as the Grand Crus but more numerous. Finally the Chablis itself and of course, the Petit Chablis.
In the region of Chablis white wines from the Aligote and Sauvignon varieties are also produced. In the parish of Saint Bris, the wine from the Sauvignon grape is entitled to the status of VDQS.
The parishes of Saint Bris, Irancy and Coulanges produce excellent red and rose wines from the Pinot Noir, Tressot and Cesar varieties. They are entitled to the appellation Bourgogne.
Winegrowers also produce a sparkling wine according to the Methode Champenoise which is entitled to the appellation Cremant de Bourgogne. The Cremant de Bourgogne is also produced in the Cote d’Or and Saone-et-Loire departments.
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COTE d’OR -From Dijon to Chagny for some 30 miles, the vineyards of the Cote d’Or stretch along the sunny hillsides facing the RN 73. It is divided into two distinct parts, which, although related in a way, are different. They are the vineyards of the Cote de Nuits and that of the Cote de Beaune.
They cover some 15,750 acres and produce a yearly average of some 5,060,0000 gallons of red and white wines.
COTE de NUITS – The Cote de Nuits has a slightly chalky soil with a marl and fuller earth sub-soil. Its primary grape variety is the Pinot Noir, called Noirien, to which is blended a little Chardonnay. The Cote de Nuits produces almost exclusively red wines, the two exceptions being the Clos Blanc de Vougeot and the white Musigny, both very rare wines.
The red wines of the Cote de Nuits such as Chambertin, Musigny, Clos de Vougeot and Romanee-Conti, have contributed to the fame of this exceptional wine-growing area.
COTE DE BEAUNE – The soil is varied containing chalky clay with traces of iron salt, marl, and light marl. The Cote de Beaune is renowned for such reds as Volnay, Pommard, Beaune and Aloxe-Corton. It also produces the most famous white wines of Burgundy, Montrachet, Meursault and Corton-Charlemagne.
MERCUREY and THE COTE CHALONNAISE -Between the red Cote d’Or and the region of Macon lie the vineyards of Mercurey and Givry. Here red wines, with much bouquet and body, are the perfect link between the red wines of the Cote de Beaune and the red wines of Macon. In this region one also finds the vineyards of Rully and Montagny, and the sparkling Burgundies such as Cremant de Bourgogne.
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MACONNAIS -Although usually marly, the soil of the southern part of this region is chalky clay and this is where the white wines are produced.
The most famous wine of the Macon is Pouilly-Fuisse. Other elegant wines whose production is small but excellent are Pouilly-Loche and Pouilly-Vinzelles.
Among the white wines of Macon one must not forget another appellation wine, the Saint Veran.
Macon Blanc sometimes adds the name of the village where it is produced (e.g. Macon-Vire, Macon-Lugny). Macon Villages is always a white wine.
Usually the red and rose’ wines of Macon are produced from the Gamay but it is permitted to use the Pinot Noir. Wines produced from Pinot Noir grapes planted in the Macon are entitled to the “Bourgogne Rouge” appellation. If they are the result of a blend of one-third Pinot Noir and two-thirds Gamay then it is entitled to the appellation “Bourgogne Passe-Tout-Grains.”
All the white wines produced in Burgundy are made from the Chardonnay grapes with the exception of “Bourgogne Aligote'” which takes its name from the grape that produces it, Aligote.
BEAUJOLAIS – This is the largest region of Burgundy and covers some 51,250 acres. “Beaujolais” is almost exclusively a red wine.
The region is divided into two parts the north and the south.
The north is home of the 10 growths of Beaujolais, Brouilly, Chenas, Chiroubles, Cote de Brouilly, Fleurie, Julienas, Morgon, Moulin-a-Vent, Saint-Amour and Regnie.
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“Beaujolais Villages” is a second classification, indicating that the wine is made with grapes grown in the thirty-nine communes. Following in the line of importance comes the plain “Beaujolais.”
CHAMPAGNE
Champagne, a unique sparkling wine, a fit accompaniment to all celebrations, is the most famous of all the wines of France.
The area where Champagne is produced comprises the mountain of Reims,
the valley of the Marne river, the Cote des Blancs (where only white- grape varieties are planted, hence its name), and the regions of Bar-sur- Aube and Bar-sur-Seine in the Aube department.
The soil is almost pure chalk with a layer of arable soil, never deeper than three feet. Chalk imparts to Champagne its pristine feel on the palate.
Champagne is produced from three grape varieties: Pinot, Meunier and Chardonnay. It is produced according to the well-known Methode Champenoise meaning “fermentation in the bottle.”
In the methode champenoise, each bunch of grapes is carefully checked before reaching the winery. Grapes that are either damaged or unripe are removed. The remaining grapes are then pressed in special presses, which insure no contact between the juice and the skins.
After fermentation is completed and the wine is comparatively bright, the still wine is filtered. Wines produced in different villages of
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Champagne are then blended by experienced tasters to make a “cuvee”, the blend of wine particular to each Champagne house. Then a liqueur made of cane sugar, yeasts and wine is added. The wine is then bottled. The bottles are stored in vast chalk underground cellars, where the second fermetnation takes place, as the yeasts react with the sugar in each bottle.
When the second fermentation is completed, the bottles are placed on tilted racks or “pupitre.” They are rotated a quarter of a turn for a certain time to ensure that the yeast deposit, residue of the second fermentation, is gradually brought down around the necks. This is known as “remuage.” The bottles are then stored neck down. Before the final packaging of the bottles they must be “degorged” that is to say, have the deposit removed.
To accomplish this, bottles are placed upside-down in special refrigeration units. These units contain a brine that cools about one inch of wine in the neck, blocking the sediment on the crown cap. Once the cap is removed, the sediment attached to the the ice is removed as well.
After this operation, a special blend of cane sugar diluted in the wine, produced in Champagne is added to each bottle. It is this which determines the degree of sweetness of Champagne: Brut, Extra Dry, Dry or Medium-Dry.
A vintage Champagne must remain in its bottle for at least three years before it can be put on the market.
Blanc de Blancs Champagne is produced solely from white grapes.
There is “Pink Champagne” which is produced by adding red wine produced in Champagne to the blend. This is the only rose’ wine produced in France which is a blend of red and white wine.
Finally “Cremant de Champagne” is one whose pressure is lower than that of normal Champagne (3 atmospheres instead of 5).
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It is not necessary to age Champagne, it is ready for consumption as soon as it is put on the market.
COTEAUX CHAMPENOIS – The area of Champagne also produces still wines which are entitled to the appellation controlee “Coteaux Champenois.” They are either white or red. Among the reds, the wine of Bouzy is reputed for it quality and elegance.
COTE RHONE 223 COTES DU RHONE
The Cotes du Rhone lie along 125 miles on both sides of the river Rhone from Lyon to Avignon. The vineyard covers approximately 97,500 acres divided into two separate sectors.
NORTHERN ZONE – Here the vineyards hang on steep hillsides. The grape varieties used for white wines are Vognier, Roussane and Marsanne, while for the reds only one variety is used, Syrah. It is in this region that lies the smallest appellation vineyard of France, the Chateau- Grillet, covering some 4 acres of terraces, some holding no more an 6 vines. Other whites produced in the zone include Condrieu and Saint- Peray.
Cote Rotie and Cornas produce only powerful red wines.
Saint-Joseph, Hermitage and Crozes-Hermitage produce both red and white wines.
Wines with the Cotes-du-Rhone appellation are pleasant, and can be made with grapes grown in about one hundred communes.
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SOUTHERN AREA – On the right bank of the Rhone River, two growing areas lending their names to two of France’s popular rose’ wines are located: Tavel and Lirac. Made mostly with Grenache and Cinsault, they are delightful, dry and fruity luncheon treats.
On the left bank of the Rhone, just north of Avignon lie the vineyards of Chateauneuf-du-Pape, one of France’s best known red wines. These are big, full-tasting wines, slow to develop. As many as thirteen grape varieties are responsible for this wine. There is also a rare white Chateauneuf-du-Pape produced from about 5% of the crop.
LOIRE VALLEY
The river Loire flows for about six hundred miles through a valley constellated by numerous vineyards and beautiful, enchanting castles. The valley is known as Chateau country
POUILLY-SUR-LOIRE – Located just south of Paris, this town’s vineyards are planted with Sauvignon Blanc (known as Blanc Fume’) and Chasselas grape varieties. A wine, Pouilly Fume’, is made here exclusively with Sauvignon Blanc grapes. Pouilly Fume’ is dry, soft, with a slight smoky quality. It has nothing to do with Pouilly Fuisse’.
SANCERRE – Sancerre is a town located on the other side of the Loire. Its vineyards are also planted with Sauvignon Blanc. Both still and sparkling wines are made here.
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VOUVRAY AND SAUMUR – The main grape variety in these wine districts is Chenin Blanc. Both still and sparkling wines are made here.
CHENIN AND BOURQUEIL – Exceptions in Loire, Chenin and Bourqueil make red wines of similar character, mostly with Cabernet Franc grapes. They are pleasant, fairly light reds, best appreciated when served slightly cool.
ANJOU – Both white and rose’ wines are made in this region. The whites, both still and sparkling, are made with Chenin Blanc.
Rose’ d’Anjou, very popular for its fruity, soft taste, is made with Cabernet Franc, Cabernet Sauvignon and Pinot d’Aunis.
COTEAUX du LAYON – The vineyards, planted with Chenin Blanc, lie along the Layon River, a tributary of the Loire. The Coteaux du Layon produce delightful, sweet wines.
MUSCADET – Where the Loire flows into the Atlantic Ocean, near the city of Nantes, soil and microclimate contribute to the making of Muscadet an excellent growing area for the grape of the same name. Light and dry, this wine is an excellent accompaniment to shellfish dishes.
The appellation “muscat de Sevre-et-Maine” indicated that the grapes were grown in the heart of the area, thus producing a wine of superior quality.
The words “sur lie” on the label indicates that the wine was bottled soon after fermentation, and that it was not racked.
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JURA
This small, mountainous wine-producing region near Switzerland produces wines of unique character. The best-known wine is Chateau Chalon, made with the Sauvignon grape picked as late as possible. The wine is kept in casks for a minimum of six years. During this time, a special film is formed, which imparts a particular nutty taste and aroma to the wine. It is known as “Vin Jaune,” or “yellow wine.”
THE SOUTHWEST
The Southwest of France, thanks to vineyards covering some 50,0000 acres, produces wines that are varied and of excellent quality.
Among the appellations is Bergerac, east of Bordeaux, where both red and white wines are made. Perhaps the most famous is Monzabillac, a rich dessert wine. Another growing area is Cahors, responsible for highly tannic, slow-maturing, very dark red wines.
CORSICA
The vine was probably planted in Corsica by the Greeks a long time before the Christian era and today it covers over 70,000 acres.
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Principal grape varieties for red and rose wines are Nielluccio, Sciacarello, Grenache, Syrah and Cinsault. Whites use Vermentino (Corsican Malvoisie) and Russula Bianca (Ugni Blanc.)
Delicious sweet wine are produced from Malvoisie or Muscat grapes in the Cap-Corse or Patrimonio.
PROVENCE
The vine-growing region of Provence has the oldest vineyards of France. They were planted by the first Greek colonists, who arrived and settled on the Mediterranean seashore.
Numerous grape varieties are grown: the main ones are: Grenache, Cinsault, Mourvedre, Tibourenc, Carignan, Cabernet Sauvignon and Syrah for the reds and Clairette, Rolle, Ugni Blanc and Semillon for the whites.
Cotes de Provence is the largest single appellation controlee in the region, known principally for rose’ wines.
Unparalleled Rose – Coteaux Varois en Provence (AOP) France- Vineyards are located in Coteaux Varois en Provence, France, with soil consisting of clay-limestone rocks. The rocky, gently sloping hills of Southern France and the region’s proximity to the Mediterranean Sea creates ideal growing conditions for rosé wines. We source this cuvée of Syrah and Grenache from a beautiful wine estate in the picturesque massif de la Loube. The wine ferments in concrete tanks at 45˚F to dryness. The winemaking is very natural and hands off. The wine is aged on fine lees for 4 months prior to bottling. The wine is pale pink with an aroma of melon and tangerine. The taste offers fresh flavors of pomegranate and grapefruit.
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MIDI
Bordering the Mediterranean, west of Provence, is the largest region of France, the Midi. It is spread throughout four departments, and covers some 1,125,000 acres — about 35% of the total vineyard acreage in the country.
The Midi produces a large percentage of French table wine. The more renowned red wines are Corbieres, Roussillon and Minervois. A sweet wine is also made here, Muscat de Frontignan.
http://www.banfiwines.com/region/france/ 9/14/2016
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Marley's 'reinvents' itself as Bobber's with family focus | Regional news ... www.wiscnews.com/wisconsindellsevents/.../article_473e6665-68b8-5d78-863f-87b0... Jan 8, 2016 - Marley's A Taste of the Caribbean — which Google Maps calls a ... The Morrises opened Marley's in 2000 at its original Wisconsin Dells ...
Bobbers Island Grill - Wisconsin Dells www.wisdells.com/wisconsin-dells-area/restaurants/bobbers-island-grill.htm Welcome to Bobbers - An island inspired atmosphere, located in the heart of Wisconsin Dells! A See photos place where friends and family gather for good times and ... Permanently closed Marley's, Wisconsin Dells - Menu, Prices & Restaurant Reviews ... www.tripadvisor.com › ... › Wisconsin Dells › Wisconsin Dells Restaurants TripAdvisor Marley's, Wisconsin Dells: See 712 unbiased reviews of Marley's, rated 3.5 of 5, and one of 184 Wisconsin Dells restaurants on TripAdvisor. 2.9 110 Google reviews Family Restaurant The Reef Nightclub Beach-themed eatery with patio seating & a menu span www.thereefnightclub.com/ Mexican & seafood options. When you're looking for Wisconsin Dells most happening place look no further than The Reef. And if Address: 750 Wisconsin Dells Pkwy S, Baraboo, WI 5 you're feeling hungry make sure to check out our dining as ... Vip areas · Contact · Gallery · Specials Phone: (608) 254-1800 Menu: bobbersislandgrill.com Marley's - CLOSED - 50 Photos & 150 Reviews - Caribbean - 750 ... www.yelp.com › Restaurants › Caribbean Yelp Reviews Rating: 2.5 - 150 reviews - Price range: $11-30 (608) 254-1800 · 750 Wisconsin Dells Pkwy S Lake Delton, WI 53940. "Fun atmosphere and good food and service."
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EXHIBIT 88 Marley's 'reinvents' itself as Bobber's with family focus | Regional news | wiscnews.com Page 1 of 5
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Marley's 'reinvents' itself as Bobber's with family focus
Ed Legge [email protected], 608-745-3513 Jan 8, 2016
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http://www.wiscnews.com/wisconsindellsevents/news/local/article_473e6665-68b8-5d78-... 9/14/2016 Marley's 'reinvents' itself as Bobber's with family focus | Regional news | wiscnews.com Page 2 of 5
A long-time Lake Delton eatery and entertainment venue is trading in its iconic, island- flavored name for something more fun and family friendly — yet still aquatically themed.
Marley’s A Taste of the Caribbean — which Google Maps calls a “beachy joint with an eclectic menu” — officially becomes Bobber’s Island Grill this Friday, opening a new chapter in what so far is a 15-year success story for local restaurateurs Jeff and Marci Morris.
The restaurant and its built-in nightspot The Reef — the latter of which will continue to exist with its present name and function as more of an entertainment venue — have become over the years one of the area’s most popular gathering places, with outdoor dining and entertainment a favorite of tourists and locals alike.
Marley’s also has become a local mainstay for playing host to big community events, ranging from an annual weekend visit by the Milwaukee Brewers’ broadcasting team to the Dells-Delton area’s largest cancer benefit.
The “reinvention” of Marley’s was a long time coming, according to Jeff Morris, and a reaction to changing dining trends as well as customer demographics. (The “bobber” in the new brand’s name refers to the highly recognizable red-and-white fishing bobber that from time immemorial has been used to indicate a nibble on the line.)
“It was a combination of different things,” Morris said this week regarding the change, as across the current Marley’s bar he unveiled an array of Bobber’s tchotchkes and the new restaurant’s planned, signature burger — a three-pound plate of beef, bread and trimmings that customers can attempt to eat within 30 minutes for a place on Bobber’s “Wall of Fame” (or “Shame” if they fail to eat it all).
http://www.wiscnews.com/wisconsindellsevents/news/local/article_473e6665-68b8-5d78-... 9/14/2016 Marley's 'reinvents' itself as Bobber's with family focus | Regional news | wiscnews.com Page 3 of 5
“Out in Vegas, a lot of the restaurants reinvent themselves every five to seven years, and for years we’re been doing menu analysis, and the way people ordered food years ago and they way they do now has changed,” he said. “We’re really excited about it because of all the different things we’re going to be able to do — menu ideas, drink ideas, the ‘Bobber’ characters are going to be fun, menu items are going to be fun.”
In keeping with the new brand’s logo — a red-and-white fishing bobber with a wide- eyed smile on its face — Bobber’s dining experience will come with the “family friendly” in mind.
“The ‘bobber’ thing is going to be so much more kid friendly, so much more family friendly than even Marley’s has been in the past,” he said. “That’s really what we’re trying to get at.”
The bobber theme will give the restaurant more flexibility with such efforts than the Marley’s brand allowed, Morris said, in large part because of that name’s association with reggae legend Bob Marley, his music and the overall Caribbean (especially Jamaican) “flavor” that they connote.
“We’ve got different things that will happen daily, weekly and monthly that are going to make it more interactive between the customer and Bobber’s,” he said.
Those inter-activities will include a contest to name the burger-eating challenge, naming the bobber mascot and a host of daily contests and promotions. All of it will be punctuated with the giveaway items, which range from a coffee cup and lunch cooler to an infant’s “onesy” and miniature Frisbee.
The new name also will make it easier for customers to distinguish between the family-friendly offerings of the restaurant with the potentially more entertainment- themed venue The Reef.
“We’ve been trying to get people to call it ‘The Reef’ for five years,” Jeff Morris said. “I think it will be easier now.”
http://www.wiscnews.com/wisconsindellsevents/news/local/article_473e6665-68b8-5d78-... 9/14/2016 Marley's 'reinvents' itself as Bobber's with family focus | Regional news | wiscnews.com Page 4 of 5
The restaurant is receiving a new color scheme throughout its indoor “island village” motif this week, and the re-branding effort will continue outdoors in the spring as well, he said.
The Morrises opened Marley’s in 2000 at its original Wisconsin Dells Parkway location near Noah’s Ark, then moved the establishment to Highway 12 in 2010, opening The Reef as an entertainment venue at the same time.
Ed Legge
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