Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1096830 Filing date: 11/20/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name Spyder Active Sports, Inc. Granted to Date 11/22/2020 of previous ex- tension Address 1411 BROADWAY, 4TH FLOOR NEW YORK, NY 10018 UNITED STATES

Attorney informa- BRIDGETTE FITZPATRICK tion 1411 BROADWAY, 4TH FLOOR NEW YORK, NY 10018 UNITED STATES Primary Email: [email protected] 6464909839

Docket Number Applicant Information

Application No. 88779566 Publication date 05/26/2020 Opposition Filing 11/20/2020 Opposition Peri- 11/22/2020 Date od Ends Applicant KING SPIDER LLC 1000 PARK AVENUE APT 8A NEW YORK, NY 10028 UNITED STATES Goods/Services Affected by Opposition

Class 025. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Bucket ; ; ; Hats; Head- ; ; ; ; ; ; Slacks; ; Sweat pants; Sweatshirts; T-shirts; Track suits; Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Dilution by tarnishment Trademark Act Sections 2 and 43(c) False suggestion of a connection with persons, Trademark Act Section 2(a) living or dead, institutions, beliefs, or national symbols, or brings them into contempt, or disrep- ute Marks Cited by Opposer as Basis for Opposition

U.S. Registration 2934105 Application Date 05/15/2003 No. Registration Date 03/15/2005 Foreign Priority NONE Date Word Mark SPYDER Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1978/08/10 First Use In Commerce: 1978/08/15 Tee shirts; sweat shirts; button shirts; ; fleece jackets; outerwear jack- ets; jackets; pants; cotton pants; outerwear pants; ; ; shoes; ; gloves; mittens; neckgaiters; one-piece outerwear suits, namely snow suits, snowboard suits, and skisuits; ; underwear; long under- wear; ; hats; belts

U.S. Registration 4991541 Application Date 07/02/2015 No. Registration Date 07/05/2016 Foreign Priority NONE Date Word Mark SPYDER Design Mark Description of The mark consists of the word "SPYDER" in a stylized . Mark Goods/Services Class 025. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01 Tee shirts; sweat shirts; button shirts; sweaters; fleece jackets; outerwear jack- ets; cotton jackets; denim pants; cotton pants; outerwear pants; skirts; socks; shoes; footwear; gloves; mittens; neckgaiters; one-piece outerwear suits, namely, snow suits, snowboard suits, and ski suits; tights; underwear; long un- derwear; caps; hats; belts

U.S. Registration 5722345 Application Date 09/19/2018 No. Registration Date 04/09/2019 Foreign Priority NONE Date Word Mark SPYDER Design Mark Description of The mark consists of a spider design and to the right of it is the wording "SPY- Mark DER" in a stylized font. Goods/Services Class 025. First use: First Use: 2014/12/31 First Use In Commerce: 2014/12/31 Down jackets; Fleece jackets; Gloves; Hats; Mittens; Outer jackets; Pants; Ski bibs; Ski gloves; Ski jackets; Ski masks; Ski pants; Ski suits for competition; Ski ; Snow pants; Snowboard mittens; Socks; Sweaters; Sweatshirts; T- shirts; Thermal socks; Thermal underwear; Underwear

U.S. Registration 2750548 Application Date 10/10/2002 No. Registration Date 08/12/2003 Foreign Priority NONE Date Word Mark SPYDER Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1978/08/10 First Use In Commerce: 1978/08/10 HIGH PERFORMANCE SKI , namely, JACKETS, PANTS, SHELLS, BIBS, ONE-PIECE SUITS, VESTS, STRETCH PANTS, [ TURTLE-NECK SHIRTS, ] CAPS, HATS, , GLOVES[, AND HEAD BANDS; ] [ AND ATHLETIC, RECREATIONAL, AND LEISURE WEAR, NAMELY, SWEAT- SHIRTS, SWEAT TOPS, SWEAT PANTS, SWEATSUITS, RUGBY SHIRTS, POLO SHIRTS, SHORTS, AND ]

U.S. Registration 1281632 Application Date 02/13/1979 No. Registration Date 06/12/1984 Foreign Priority NONE Date Word Mark SPYDER Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 1978/08/10 First Use In Commerce: 1978/08/15 Sweaters and T-Shirts

U.S. Registration 6002945 Application Date 05/04/2017 No. Registration Date 03/03/2020 Foreign Priority NONE Date Word Mark SPYDER Design Mark Description of The mark consists of an image of a spider above the stylized wording "SPY- Mark DER". Goods/Services Class 025. First use: First Use: 2019/06/30 First Use In Commerce: 2019/06/30 Beach footwear; Rash guards; Swim caps;Swimwear; Wet suits; Beach cover- ups

Attachments SP5DER Notice of Opposition.pdf(137340 bytes )

Signature /Bridgette Fitzpatrick/ Name BRIDGETTE FITZPATRICK Date 11/20/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Applicant: King Spider LLC Serial No.: 88779566 Filing Date: January 30, 2020 Mark: SP5DER

Published in the Official Gazette on May 26, 2020

Spyder Active Sports, Inc., ) ) Opposer, ) ) vs. ) Opposition No. ______) King Spider LLC, ) ) Applicant. )

FILED ELECTRONICALLY VIA ESTAA

NOTICE OF OPPOSITION

Opposer Spyder Active Sports, Inc. (“Opposer”), a corporation organized and existing under the

laws of the State of Colorado, having a place of business at 1411 Broadway, Fourth Floor, New York,

New York 10018, United States of America, believes that it will be damaged by registration of the mark

“SP5DER” (“Applicant’s Mark”) as applied for in Application Serial No. 88779566 (the “Opposed

Application”) by King Spider LLC, a New York limited liability company (the “Applicant”).

Accordingly, Opposer hereby opposes registration of Applicant’s Mark under the Opposed Application.

Opposer has obtained the necessary extension of time in which to oppose the Opposed Application following its publication on May 26, 2020 in the Official Gazette.

The grounds for the opposition are as follows:

1. Opposer is the owner of the world-famous SPYDER brand. For more than forty years, Opposer and

its predecessors-in-interest have promoted and sold sports apparel, outerwear, sporting goods and

other winter and outdoor accessories globally and spent millions of dollars promoting SPYDER-

brand products through extensive advertising. SPYDER has also been the exclusive and official

apparel supplier for the US Alpine Ski Team, the US Freestyle Ski Team and the US Free Ski Team.

Opposer has provided technical apparel and team for American skiers competing in eight

(8) Olympics and twelve (12) World Championships, including the most recent Olympics in

Pyeongchang, South Korea. Opposer was first signed as the official apparel supplier of the US Ski

Team in 1988, and has worked closely with US Ski & Snowboard to develop innovative performance

gear over its long-term partnership. Opponent currently sponsors and has historically sponsored

professional skiers like Lindsey Vonn, Chris Davenport, Julia Mancuso, Julian Carr, Tommy Moe

and others. Today, SPYDER is one of the world’s largest winter sports brands with sales of SPYDER

apparel exceeding $140 million in annual retail sales with sales in the United States exceeding $85

million each year. SPYDER products are currently sold in more than 40 countries, as well on

SPYDER’s official website, www.spyder.com.

2. Commencing long prior to the filing date of the Opposed Application, which was filed on an intent-

to-use basis, Opposer and its predecessors-in-interest have engaged and Opposer is now engaged in

the distribution, promotion and/or sale in commerce of apparel, outerwear and headwear, as well as

other items under the SPYDER trademark and the distinctive logos shown below that incorporate

SPYDER.

3. Opposer is the owner of, and will rely herein on, a number of federal trademark registrations for the

SPYDER word mark, as well as registrations that incorporate SPYDER and stylized versions thereof

(collectively, the “SPYDER Trademarks”), including the following:

MARK REG. NO. ISSUE DATE GOODS

SPYDER 2934105 March 15, 2005* Class 25: Tee shirts; sweat shirts; button shirts; sweaters; fleece jackets; outerwear jackets; cotton jackets; denim pants; cotton pants; outerwear pants; skirts; socks; shoes; footwear; gloves; mittens; neck ; one- piece outerwear suits, namely snow suits, *citing First Use snowboard suits, and ski suits; tights; at least as early underwear; long underwear; caps; hats; as 1978 belts. 4991541 July 5, 2016* Class 25: Tee shirts; sweat shirts; button shirts; sweaters; fleece jackets; outerwear

jackets; cotton jackets; denim pants; cotton pants; outerwear pants; skirts; socks; shoes; *citing First Use footwear; gloves; mittens; neck gaiters; one- at least as early piece outerwear suits, namely snow suits, as 2005 snowboard suits, and ski suits; tights; underwear; long underwear; caps; hats; belts. 5722345 April 4, 2019* Class 25: Down jackets; Fleece jackets; Gloves; Hats; Mittens; Outer jackets; Pants; *citing First Use Ski bibs; Ski gloves; Ski jackets; Ski masks;

at least as early Ski pants; Ski suits for competition; Ski as 2014 trousers; Snow pants; Snowboard mittens; Socks; Sweaters; Sweatshirts; T-shirts; Thermal socks; Thermal underwear; Underwear. 2750548 August 12, 2003* Class 25: High performance ski clothing, namely, jackets, pants, shells, bibs, one-

piece suits, vests, stretch pants, turtle-neck shirts, caps, has, scarves, gloves and *citing First Use . at least as early as 1978

1281632 June 12, 1984* Class 25: Sweaters and T-Shirts

*citing First Use

at least as early as August 1978 6002945 March 3, 2020 Class 25: Beach footwear: Rash guards; Swim caps; Swimwear; Wet suits; Beach cover-ups

4. The above registrations (the “SPYDER Registrations”) are valid, subsisting and, in some cases,

incontestable, and constitute prima facie evidence of Opposer’s exclusive right to use the SPYDER

Trademarks in commerce for the goods specified in said registrations and related goods and services

(the “SPYDER Goods”).

5. Opposer and its predecessors-in-interest have extensively sold, advertised and promoted goods

bearing the SPYDER Trademarks, including the SPYDER Goods, to the public through various

channels of trade in commerce for many years prior to the filing date of the Opposed Application.

6. As a result of the widespread advertising, promotion and sale by Opposer and its predecessors-in-

interest, Opposer’s SPYDER Trademarks have acquired a high degree of recognition, fame and

distinctiveness in the United States as designating goods, including the SPYDER Goods, originating

exclusively from Opposer since well prior to the filing date of the Opposed Application.

7. Notwithstanding Opposer’s rights in and to the SPYDER Registrations, Applicant filed the Opposed

Application on January 30, 2020, seeking registration of “SP5DER” for “Bucket hats; Coats; Dresses;

Hats; Headbands; Jeans; Sandals; Shirts; Shoes; Shorts; Slacks; Suits; Sweat pants; Sweatshirts; T-

shirts; Track suits; Jackets” in International Class 25.

8. The goods for which Applicant seeks to register “SP5DER” in the Opposed Application are identical

or very closely related to the goods upon which Opposer has used and currently uses its SPYDER

Trademarks, including the SPYDER Goods, and, upon information and belief, both parties’ goods

would move through substantially the same channels of trade and be sold online and in traditional

retail stores, among other locations.

9. The mark sought to be registered in the Opposed Application is substantially identical to the

SPYDER Trademarks and confusingly similar when applied to the goods and services of the parties.

10. Applicant’s Mark is the same or a close approximation of Opposer’s previously and extensively used

name or identity.

11. Opposer’s name or identity is of sufficient fame or reputation that when Applicant’s Mark is used on

the goods covered by the Opposed Class in the Opposed Application, a connection with Opposer

would be presumed.

12. Registration of Applicant’s Mark to Applicant will cause the relevant purchasing public to

erroneously assume and thus be confused, misled or deceived, that Applicant’s goods are made by,

licensed by, controlled by, sponsored by, or in some way connected, related to or associate with

Opposer, all to Opposer’s irreparable damage.

13. As a result of Opposer’s long use, extensive advertising and promotion, and successful sales for at

least 30 years, the SPYDER Trademarks have become distinctive and famous, long prior to any date

which may be claimed by Applicant.

14. Based on the Applicant’s filing of the Opposed Application, Applicant intends to trade on the

SPYDER Trademarks and Opposer’s goodwill associated therewith, thus causing damage to Opposer.

FIRST CAUSE OF ACTION

15. Opposer incorporates and alleges paragraph nos. 1-14.

16. The registration of Applicant’s Mark to Applicant will cause the relevant purchasing public to

erroneously assume and thus be confused, misled, or deceived, that Applicant’s goods are made by,

licensed by, controlled by, sponsored by, or in some way related to or connected or associated with

Opposer, in violation of §2(d) of the Lanham Act, 15 U.S.C. § 1052(d), and all to Opposer’s

irreparable damage.

SECOND CAUSE OF ACTION

17. Opposer incorporates and alleges paragraph nos. 1-16.

18. The association that would arise from the similarity between Applicant’s Mark and Opposer’s

SPYDER Trademarks will harm the reputation of Opposer and the SPYDER Trademarks, thereby

resulting in dilution by tarnishment in violation of Section 43(c) of the Lanham Act, 15 U.S.C. §

1125(c).

19. There is an overwhelming likelihood the association will impugn Opposer’s goods covered by the

SPYDER Registrations and injure its business reputation.

THIRD CAUSE OF ACTION

20. Opposer incorporates and alleges paragraph nos. 1-19.

21. The association which would arise from the similarity between Applicant’s Mark and the SPYDER

Trademarks will impair the distinctiveness of the SPYDER Trademarks and thereby result in dilution

by blurring in violation of Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c).

22. There is an overwhelming likelihood the association will impugn Opposer’s goods covered by the

SPYDER Registrations and injure its business reputation.

FOURTH CAUSE OF ACTION

23. Opposer incorporates and alleges paragraph nos. 1-22.

24. Applicant’s mark falsely suggests a connection with Opposer, and or will bring Opposer into

contempt or disrepute, in violation of §2(a) of the Lanham Act, 15 U.S.C., §1052(a), all to Opposer’s

irreparable damage.

25. Applicant’s use of Applicant’s Mark points uniquely and unmistakably to the Opposer.

26. Consumers that encounter Applicant’s Mark will recognize Applicant’s Mark as pointing uniquely

and unmistakably to the Opposer.

WHEREFORE, Opposer, Spyder Active Sports, Inc., respectfully requests that registration of

Application Serial No. 88779566, filed on January 30, 2020, be denied and that this opposition be sustained.

Dated: New York, New York

November 20, 2020

Respectfully submitted,

Spyder Active Sports, Inc. 1411 Broadway, Fourth Floor New York, New York 10018 (646) 490-9839

By: / Bridgette Fitzpatrick / Bridgette Fitzpatrick Senior Vice President, Associate General Counsel – Intellectual Property

CERTIFICATE OF SERVICE

I hereby certify that on the 20th day of November 2020, the foregoing Notice of Opposition was served upon Applicant by email to the Attorney of Record, Christopher Dischino at the following email addresses: [email protected], [email protected], [email protected] and [email protected].