ESTTA882892 03/13/2018 in the UNITED STATES PATENT and TRADEMARK OFFICE BEFORE the TRADEMARK TRIAL and APPEAL BOARD Proceeding 9
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA882892 Filing date: 03/13/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91231106 Party Defendant Frank W. Ivey DBA Rhythm N' Ballin and Christian Patrick Richards Jr DBA Rhythm N' Ballin Correspondence KEVIN KEENER Address KEENER & ASSOCIATES PC 161 NORTH CLARK STREET, SUITE 1600 CHICAGO, IL 60601 UNITED STATES Email: [email protected], [email protected] Submission Defendant's Notice of Reliance Filer's Name Kevin Keener Filer's email [email protected] Signature /kevinkeener/ Date 03/13/2018 Attachments Notice of reliance 31318-print1.pdf(3084846 bytes ) Notice of reliance 31318-print2.pdf(5063525 bytes ) Notice of reliance 31318-print3.pdf(2594171 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of: Application No. 86/687,500 Mark: RHYTHM N’ BALLIN ____________________________________ ) ) Rhythm Holding Limited ) ) Opposer, ) ) v. ) Opposition No. 91231106 ) Frank W. Ivey and ) Christian Patrick Richards, Jr. ) DBA Rhythm N’ Ballin ) ) Joint Applicant. ) ) ____________________________________) NOTICE OF RELIANCE Pursuant to 37 C.F.R. § 2.122(e), Applicant Rhythm N’ Ballin hereby submits this notice of reliance. Applicant submits that the identified Exhibits, and copies of the same submitted are printed/electronic publications, available to the general public, or of general circulation or accessibility among members of the public or that segment of the public which is relevant under an issue in this proceeding and therefore constitutes competent evidence. Applicant hereby submits the following evidence, along with identifying the respective sources, dates accessed, and identifying the relevance and issue to which each pertains: • EXHIBIT A o Wikipedia page for “ballin’” o Available at https://en.wiktionary.org/wiki/ballin%27 o Accessed on December 6, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT B o Ballin’ For Peace website o Available at http://ballinforpeace.org o Accessed on December 17, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT C o Hip-hop and the word ‘baller’- OxfordWords blog o Available at https://blog.oxforddictionaries.com/2012/06/27/ballin-for-real/ o Accessed on December 17, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT D o Pitch Publications “Rhythm Basketball- Great Lesson for 4th and 5th!” October 4, 2014 o Available at https://pitchpublications.com/rhythm-basketball-for-4th-and-5th- grade o Accessed on December 6, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT E o Clint Corley, “Rhythm, Motion, Basketball and…Lean?” KaiNexus Blog. o Available at https://blog.kainexus.com/improvement-disciplines/lean/8-wastes-of- lean/rhythm-motion-basketball-and-lean o Accessed December 17, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT F o Urban Dictionary: rhythm o Available at https://www.urbandictionary.com/define.php?term=rhythm o Accessed on December 6, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT G o Urban Dictionary: ballin o Available at https://www.urbandictionary.com/define.php?term=ballin o Accessed on December 17, 2017 o Relevant to the connotation of Applicant’s mark. • EXHIBIT H o Wikipedia page for Ballers o Available at https://en.wikipedia.org/wiki/Ballers o Accessed on January 22, 2018 o Relevant to the connotation of Applicant’s mark. • EXHIBIT I o Merriam-Webster definition for “living” o Available at https://www.merriam-webster.com/dictionary/living o Accessed on February 26, 2018 o Relevant to the connotation of Opposer’s mark. • EXHIBIT J o Wikipedia page for “Living” o Available at https://en.wikipedia.org/wiki/Living o Accessed on February 26, 2018 o Relevant to the connotation of Opposer’s mark. • EXHIBIT K o Tillys webpage selling Rhythm products o Available at https://www.tillys.com/brands/rhythm o Accessed on February 26, 2018 o Relevant to the connotation of Opposer’s mark and consumer base. • EXHIBIT L o Rhythm Men’s Blog o Available at https://rhythm-mens-blog.squarespace.com/ o Accessed on February 26, 2018 o Relevant to the connotation of Opposer’s mark and consumer base. • EXHIBIT M o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 3,195,339 for the mark GOT RHYTHM? for “clothing namely long and short sleeve t-shirts and sweatshirts.” • EXHIBIT N o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 4,498,477 for the mark RHYTHMCHIC for “Women's clothing, namely, designer and fashion apparel comprising of jacket; t-shirts, and underwear, marketed exclusively online at a proprietary website and at independent retail clothing boutiques.” • EXHIBIT O o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 4,491,807 for the mark HEART RHYTHM SOCIETY for “Clothing, namely, shirts, t-shirts, pants, jackets, lab coats and hats.” • EXHIBIT P o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 4,573,172 for the mark RHYTHMATHOLOGY for “Headgear, namely, hats, caps and visors; shirts; short-sleeved or long-sleeved T-shirts; sweaters exclusively marketed in connection with applicant's services, namely, instruction in the field of music.” • EXHIBIT Q o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 4,972,140 for the mark RHYTHM&RAWHIDE for “Hats; Jackets; Pants; Shorts; Sweat jackets; Sweat pants; Sweat shirts; Sweat suits; T-shirts, all of which are sold and offered only in connection with the services in the nature of organizing, arranging and conducting western heritage, poetry reading and concert events, the proceeds of which are donated to charity.” • EXHIBIT R o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 5,182,981 for the mark RHYTHM CITY CASINO RESORT for “Clothing, namely, t-shirts, polo shirts, wind shirts, vests, jackets, sweaters, sweatshirts, hats and caps.” • EXHIBIT S o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 1,861,637 for the mark RHYTHM TRIBE for “clothing; namely, T-shirts, sweat shirts, sweat pants and shorts, jackets, gloves, bandanas, socks, pants.” • EXHIBIT T o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 2,859,768 for the mark RHYTHM & CULTURE for “Clothing, namely shirts, pants, shorts, jackets, pullovers, sweatshirts, sweaters, coats, gloves, stockings, socks, underwear, T-shirts, hats, footwear; and headwear.” • EXHIBIT U o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 3,752,631 for the mark STRICTLY RHYTHM for “T-shirts, jackets, sweatshirts.” • EXHIBIT V o A current copy of information from the electronic database records of the Office showing the current status and title of U.S. Trademark Registration No. 3,372,540 for the mark RHYTHM TESTAMENT for “Short-sleeved or long-sleeved t- shirts; Tops; Caps.” __3/13/18________ By:____/Kevin Keener/________________ Date Kevin J. Keener Attorney for Applicant Keener & Associates, P.C. 161 North Clark Street Suite 1600 Chicago, IL 60601 (312) 523-2164 CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of the foregoing NOTICE OF RELIANCE, including all exhibits, has been served on Opposer John L. Welch, Esq. Wolf, Greenfield & Sacks PC 600 Atlantic Avenue Boston, MA 02210 [email protected], [email protected], [email protected] by emailing electronic copies on March 13, 2018 to the addresses listed above. /Kevin Keener/_____________ Kevin J. Keener Attorney for Applicant Keener & Associates, P.C. 161 North Clark Street Suite 1600 Chicago, IL 60601 (312) 523-2164 EXHIBIT A ballin' - Wiktionary Not logged in Talk Contributions Preferences Create account Log in Entry Discussion Read Edit History Search Wiktionary GoSearch ballin' See also: ballin Main Page Contents [hide] Community portal 1 English Preferences 1.1 Etymology Requested entries Recent changes 1.2 Adjective Random entry 1.2.1 Related terms Help Glossary Donations English [ edit ] Contact us Etymology [ edit ] Tools balling (referring to the high play of professional basketballers) What links here Related changes Adjective [ edit ] Upload file Special pages ballin' (not comparable) Permanent link Page information 1. (African American Vernacular, slang) Having an ostentatiously wealthy lifestyle. Cite this page Related terms [ edit ] In other languages baller Print/export Categories: English lemmas English adjectives English uncomparable adjectives Create a book African American Vernacular English English slang Download as PDF Printable version This page was last edited on 4 October 2017, at 00:17. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Privacy policy About Wiktionary Disclaimers Developers Cookie statement Mobile view https://en.wiktionary.org/wiki/ballin%27[12/6/2017 10:51:34 AM] EXHIBIT B Ballin' For Peace | At-Risk Youth Non-Profit Meet Our Valuable Team Members Kenn I. Hicks, Ryan Hicks, Co- Founder Founder Kenn I.