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Estta611762 06/24/2014 in the United States Patent And Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA611762 Filing date: 06/24/2014 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91208008 Party Defendant Melanie Reed Correspondence CHRISTOPHER P BEALL Address LAW OFFICE OF TIMOTHY B MOORE LC PO BOX 51484 NEW ORLEANS, LA 70151 UNITED STATES [email protected] Submission Defendant's Notice of Reliance Filer's Name Timothy B. Moore Filer's e-mail [email protected] Signature /Timothy B. Moore/ Date 06/24/2014 Attachments (303022833) Notice of Reliance (Third)_Melanie Reed.pdf(65146 bytes ) The Lanham Act Title 15 (303008719).pdf(42364 bytes ) Section 2d of the Lanham Act (15 U.S.C.1 052)(303023153).pdf(42022 bytes ) Trademark Litigation Tactics Anti Bullying.pdf(341895 bytes ) Trademark Technical and Conforming Amendment Act of 2010 Bill.pdf(138453 bytes ) When enforcement becomes bullying_Cheryl L. Hodgson_Reed.pdf(283636 bytes ) ERV_English_Bible_01__Genesis.pdf(370070 bytes ) ERV_English_Bible_50__Philippians.pdf(119835 bytes ) In the United States Patent and Trademark Office Before the Trademark Trial and Appeals Board AMERICA’S NEXT TOP GOSPEL STARZ Application: 85/540,055 Filed: February 10, 2012 Published: July 17, 2012 POTTLE PRODUCTIONS, INC. Opposer, v. Opposition No. 91208008 MELANIE REED, Applicant. _____________________________________________________________________________ _ APPLICANT’S THIRD NOTICE OF RELAINCE ______________________________________________________________________________ Applicant, Melanie Reed, by and through its attorneys, submits this Third Notice of Reliance pursuant to Rule 2.122(e). Specifically, Applicant relies on the attached printed and online publications which are commonly available to the general public and are in general circulation among members of the public. The publications shown here are relevant to this proceeding. The printed and online publications are attached here as follow: Exhibit 1: REPORT TO CONGRESS; Trademark Litigation Tactics and Federal Government Services to Protect Trademarks and Prevent Counterfeiting; April 2011 Exhibit 2: Trademark Technical and Conforming Amendment Act of 2010 Bill. Exhibit 3: World Trademark Review June/July 2010; When enforcement becomes bullying; By Cheryl L Hodgson. Exhibit 4: The Lanham Act Title 15§1125 (Section 43 of the Lanham Act) False designations of origin and false descriptions forbidden. Exhibit 5: § 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent registration. Exhibit 6: The Holy Bible; Philippians Exhibit 7: The Holy Bible; Genesis Respectfully submitted this 24th day of JUNE, 2014. Law Office of Timothy B. Moore, LC. _____/s Timothy B. Moore______ Timothy B. Moore P.O . Box 51484 New Orleans, La 70151 (504) 669-2002 E-mail – [email protected] Attorney for Applicant Melanie Reed CERTIFICATE OF SERVICE I do hereby certify that on this 24th day of JUNE, 2014, a true and correct copy of the foregoing APPLICANT’S THIRD NOTICE OF RELAINCE has been transmitted via facsimile and electronically by e-mail transmission, to: [email protected]; [email protected]; [email protected]; [email protected]; sward@lskslaw Christopher P. Beall LEVINE SULLIVAN KOCH & SCHULZ,LLP 321 West 44th Street Suite 1000 New York, NY 10036 (212) 850-6113 | Phone (212) 850-6299 | Fax /s Timothy B. Moore______ The Lanham Act Title 15§1125 (Section 43 of the Lanham Act) False designations of origin and false descriptions forbidden (a) Civil action. (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which-- (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. (2) As used in this subsection, the term "any person" includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity. (3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional. (b) Importation. Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or seized. (c) Remedies for dilution of famous marks. (1) The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to-- (A) the degree of inherent or acquired distinctiveness of the mark; (B) the duration and extent of use of the mark in connection with the goods or services with which the mark is used; (C) the duration and extent of advertising and publicity of the mark; (D) the geographical extent of the trading area in which the mark is used; (E) the channels of trade for the goods or services with which the mark is used; (F) the degree of recognition of the mark in the trading areas and channels of trade used by the marks' owner and the person against whom the injunction is sought; (G) the nature and extent of use of the same or similar marks by third parties; and (H) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register. (2) In an action brought under this subsection, the owner of the famous mark shall be entitled only to injunctive relief as set forth in section 34 [15 USC 1116] unless the person against whom the injunction is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner of the famous mark shall also be entitled to the remedies set forth in sections 35(a) and 36 [15 USC § §1117(a), 1118], subject to the discretion of the court and the principles of equity. (3) The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register shall be a complete bar to an action against that person, with respect to that mark, that is brought by another person under the common law or a statute of a State and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement. (4) The following shall not be actionable under this section: (A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark. (B) Noncommercial use of a mark. (C) All forms of news reporting and news commentary. § 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent registration No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it— (a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501(9) of title 19) enters into force with respect to the United States. (b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof. (c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by
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