Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA917327 Filing date: 08/22/2018

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 ETW Corp. Granted to Date 08/22/2018 of previous ex- tension Address 145 Soundings AvenueSuite 200 Jupiter, FL 33477 UNITED STATES

Attorney informa- Robert D. Litowitz tion Kelly IP, LLP 1300 19th Street, N.W., Suite 300 Washington, DC 20036 UNITED STATES [email protected], [email protected], [email protected] no phone number provided

Applicant Information

Application No 87692191 Publication date 04/24/2018 Opposition Filing 08/22/2018 Opposition Peri- 08/22/2018 Date od Ends Applicant Teton Gravity Research, LLC PO Box 1346 1260 North West Street Wilson, WY 83014 UNITED STATES Goods/Services Affected by Opposition

Class 009. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are opposed, namely: Motion picture films and movies, download- able films, movies, and multimedia entertainment video content about sports, travel, people, enter- tainment, adventure,technology, culture, music, food, and sporting events; eyewear Class 035. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are opposed, namely: Online retail store services featuring life- style apparel, sports gear, videos, glassware, beverageware, posters, stickers, and books; retail store services featuring lifestyle apparel, sports gear, backpacks, eyewear, videos, glassware, beverage- ware, posters, stickers, books, and towels; promotional services, namely, conducting a film event to promote sports, travel, people, entertainment, adventure, technology, culture, music, and sporting events; production of advertising content; event planning and management for marketing, branding, promoting, or advertising the goods and services of others; advertising and publicity services, namely, promoting the goods, services, brand identity, and commercial information and news of third parties through print, audio, video, digital, and on-line medium Class 041. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are opposed, namely: Entertainment services, namely, develop- ment, creation, production, editing, distribution, and post-production of films,movies, and multimedia entertainment content; providing a website featuring blogs, non-downloadable articles, photos, videos, and films in the fields of sports, technology, gear, travel, people, entertainment, adventure, culture, music, food, current affairs, and sporting events; organizing and hosting of events for cultural purposes; Amusement park and theme park services Class 043. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Hotel, resort hotel, bar, and restaurant ser- vices Grounds for Opposition

No bona fide intent to use mark in commerce for Trademark Act Section 1(b) identified goods or services Other Void Ab Initio - 15 U.S.C. 1051 (a) and 1127; Partial Opposition and Restriction - Section 18, 15 U.S.C. 1068

Related Proceed- Opposition No. 91237344 ings

Attachments TGR - Notice of Opposition.pdf(3616612 bytes )

Signature /Robert D. Litowitz/ Name Robert D. Litowitz Date 08/22/2018

Notice of Opposition Serial No. 87692191

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

Opposition No.: ETW CORP.,

Mark: TGR Opposer Serial No.: 87692191 Filed: November 20, 2017 v.

TETON GRAVITY RESEARCH, LLC,

Applicant.

NOTICE OF OPPOSITION

Opposer, ETW Corp. (“ETW”), a corporation organized under the laws of the

State of Florida, having a principal place of business at 145 Soundings Avenue, Suite

200, Jupiter, Florida 33477, believes that it is being damaged, and will be damaged, by the registration of the mark shown above in Application Serial No. 87692191, and hereby opposes the same as to Classes 9, 35, 41,and 43. As grounds for opposition,

ETW alleges, upon actual knowledge with respect to ETW’s own acts, and upon information and belief as to other matters:

ETW and its TGR Marks

1. For more than 20 years, ETW has served as the entity for managing and conducting the golf, business, charitable, and educational ventures of the world famous and renowned professional athlete Eldrick “” Woods (“Woods”).

2. In October 2016, ETW announced the creation of a new dba to unify all of

Woods’s business ventures under one brand: TGR.

3. TGR is an umbrella company that unites Woods’s current businesses.

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Notice of Opposition Serial No. 87692191

These include, among others:

a. TGR Foundation: Founded in 1996 and formerly known as the “ Foundation,” TGR Foundation is the main philanthropic arm of ETW, delivering educational programs and scholarships for minority and underserved students.

b. TGR Design: Formerly known as “,” TGR Design is a full-service golf course design firm.

c. TGR Live: Formerly known as the “Tiger Woods Charity Event Corporation,” TGR Live produces charity events that benefit the TGR Foundation, examples of which include golf events such the PGA TOUR’s Quicken Loans National, Genesis Open, and , as well as Tiger Jam, and the Tiger Woods Invitational. TGR Live has exclusively supported the fundraising efforts of the TGR Foundation for 20 years.

TGR Foundation, TGR Design, and TGR Live are collectively referred to as the “ETW

TGR-Formative Marks.”

4. As shown below, ETW uses the ETW TGR-Formative Marks in connection with a distinctive three-triangle logo that resembles a tiger’s paw print, an abstract

“woods,” and the letter “W,” all reinforcing the strong association with the elite professional athlete known around the world simply as “Tiger.” In this format, the TGR letters are also locked-up with the name “Tiger Woods” and serve as a short-hand for

“Tiger.”

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Notice of Opposition Serial No. 87692191

5. ETW owns U.S. Trademark Application No. 87176853 (the “ETW

Application”), filed on September 20, 2016 under Section 1(b), 15 U.S.C. § 1051(b), for the mark TGR DESIGN for the golf design and maintenance services set forth below (a printout from the PTO TSDR and assignment database is attached as Exhibit A).

Cl. 37: Building construction; repair and installation services of turf watering pipes and controls; building construction services of golf facilities; maintenance of golf courses and golf driving ranges;

Cl. 42: Consulting services in the field of architectural design of construction and building of golf courses and golf driving ranges; architectural design services, namely, drawing up of blueprints for the construction and building of golf courses and golf driving ranges; architectural design services in the field of golf courses;

Cl. 44: Maintenance of golf courses, namely, lawn mowing services, horticultural and turf care services, namely, providing preparation and development of turf grass and soil for providing an environment that encourages improved growth attributes; providing design services for others in the field of golf courses; landscaping design services.

6. On October 20, 2017, Applicant Teton Gravity Research, LLC (“Applicant” or “Teton”) filed a Notice of Opposition against the ETW Application (Opposition No.

91237344), in which Teton alleges that ETW’s TGR DESIGN mark, when used for the services in the ETW Application, is likely to cause confusion with Teton’s use and registration of the mark “TGR” under Section 2(d), 15 U.S.C. §1052(d). ETW denies that any alleged likelihood of confusion exists. Opposition No. 91237344 remains pending.

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Notice of Opposition Serial No. 87692191

Teton Gravity Research and its TGR Mark

7. Applicant Teton Gravity Research, LLC is a Delaware corporation with an address at P.O. Box 1346, 1260 North West Street, Wilson, Wyoming 83014.

8. According to its website www.tetongravity.com, Teton is an action sports and extreme outdoor adventure media company and “serves as a leading destination and community for action sports content.”

9. As an action sports and extreme outdoor adventure media company,

Teton produces various media productions and films that highlight extreme skiing and snowboarding, big-wave surfing, and mountain bike racing, among other adventurous outdoor sport activities, as shown in the representative screen captures of Teton’s website www.tetongravity.com below.

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Notice of Opposition Serial No. 87692191

10. As an acronym for Teton Gravity Research, Teton uses the mark TGR

(the “Teton TGR Mark”) in connection with its action sports and extreme outdoor adventure products and services.

11. Teton is the listed owner of Trademark Registration No. 4610137 (the

“‘137 Registration”), issued on September 23, 2014, for the Teton TGR Mark for various products and services in connection with “action sports.” The ‘137 Registration covers:

Cl. 25: Apparel, namely, short-sleeved and long-sleeved t-shirts, sweatshirts, socks, ball caps, hats, winter hats, gloves, tank tops, base layer wear. (First Use: 19980000. First Use in Commerce: 19980000)

Cl. 35: Online retail store services featuring action sports gear, skiing and snowboarding gear, backcountry gear, apparel, eyewear, footwear and backpacks; promotional services, namely, conducting a film tour to promote action sports and action sports athletes. (First Use: 19960000; First Use in Commerce: 19960000)

Cl. 41: Entertainment services, namely, television and motion picture film production services; providing a website featuring information, photos and videos in the field of action sports, skiing, snowboarding and surfing; online journals, namely, blogs featuring information and content in the field of action sports, skiing, snowboarding and surfing. (First Use: 19960000; First Use in Commerce: 19960000).

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Notice of Opposition Serial No. 87692191

(emphasis added).

Teton’s New Application 12. On November 20, 2017, Applicant filed a new trademark application for the Teton TGR Mark (Application No. 87692191) (the “Application”) for various goods and services, including many goods and services in the same classes as the

‘137 Registration.

13. The application was filed under both Section 1(a) and 1(b), 15 U.S.C.

§§ 1051(a), 1051(b), for the following goods and services, none of which are limited to the field of “action sports” or “extreme sports”:

Cl. 9: (Based on Use in Commerce) Motion picture films and movies, downloadable films, movies, and multimedia entertainment video content about sports, travel, people, entertainment, adventure, technology, culture, music, food, and sporting events; eyewear. (First Use: 19960000; First Use in Commerce: 19960000)

Cl. 25: (Based on Use in Commerce) Apparel, namely, shirts, t-shirts, sweatshirts, hooded sweatshirts, leggings, shorts, socks, headwear, scarves, gloves, base layers; outerwear, namely, coats and hats; (Based on Intent to Use) outerwear, namely, pants. (First Use: 19980000; First Use in Commerce: 19980000)

Cl. 32: (Based on Intent to Use) Beer

Cl. 35: (Based on Use in Commerce) Online retail store services featuring lifestyle apparel, sports gear, videos, glassware, beverageware, posters, stickers, and books; retail store services featuring lifestyle apparel, sports gear, backpacks, eyewear, videos, glassware, beverageware, posters, stickers, books, and towels; promotional services, namely, conducting a film event to promote sports, travel, people, entertainment, adventure, technology, culture, music, and sporting events; production of advertising content; event planning and management for marketing, branding, promoting, or advertising the goods and services of others; advertising and publicity services, namely, promoting the goods, services, brand identity, and commercial information and news of third parties through print, audio, video, digital, and on-line medium. (First Use: 19960000; First Use in Commerce: 19960000)

Cl. 41: (Based on Use in Commerce) Entertainment services, namely,

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Notice of Opposition Serial No. 87692191

development, creation, production, editing, distribution, and post- production of films, movies, and multimedia entertainment content; providing a website featuring blogs, non-downloadable articles, photos, videos, and films in the fields of sports, technology, gear, travel, people, entertainment, adventure, culture, music, food, current affairs, and sporting events; organizing and hosting of events for cultural purposes; Amusement park and theme park services. (First Use: 19960000: First Use in Commerce: 19960000)

Cl. 43: (Based on Intent to Use) Hotel, resort hotel, bar, and restaurant services

14. On November 20, 2017, Teton filed a specimen of use in support of

Teton’s Application (the “Specimen”), a true and correct copy of which is attached as

Exhibit B.

15. The Specimen consists of screenshots of Teton’s website, the relevant portions of which show use of the Teton TGR Mark in connection with the following statements (emphasis added):

TGR™ Studios . . . have become experts in bringing strong story-driven and character-driven content to the action genre . . . ;

TGR™ Studios is becoming a home for year round action sports content. . . . ;

TGR produces one of the largest and most anticipated action sports film tours in North America . . . . ;

Those films then routinely rank at the top of the sales charts in the action sports vertical . . . . ;

TGR Studios™ is the premier home for action sports content.

(emphasis added).

ETW’s Standing to Oppose 16. ETW and Teton are involved in litigation before the Board concerning the

ETW Application for the TGR DESIGN Mark. In particular, as alleged above, on October

20, 2017, Teton filed a Notice of Opposition against the ETW Application (Opposition

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Notice of Opposition Serial No. 87692191

No. 91237344), alleging that ETW’s TGR DESIGN mark, when used for the services in the ETW Application—namely, golf course design and maintenance services—is likely to cause confusion with Teton’s use and registration of the Teton TGR Mark under

Section 2(d), 15 U.S.C. §1052(d). That Opposition is in the discovery phase and is sill pending.

17. Prior to filing Opposition No. 91237344, ETW received various correspondence from Teton objecting to ETW’s use and registration of the ETW TGR-

Formative Marks, including a letter in December 2016 in which Teton stated that it “is entitled to relief under federal and state law for the infringement of its TGR Trademark rights;” demanded that ETW “immediately cease using the TGR Trademark as its trade name and trademark;” and “reserve[d] the right to take any legal measures, including seeking damages and/or an injunction.”

18. Through additional communications to date, including in connection with

Opposition No. 91237344, Teton continues to allege that the ETW TGR-Formative

Marks when used in connection with their respective services, including the services in the ETW Application, are likely to cause confusion with Teton’s use and registration of the Teton TGR Mark.

19. ETW has a reasonable belief that registration of the Teton TGR Mark for the services in the Application will be asserted by Teton against ETW in Opposition No.

91237344, another Board matter, or in a Civil Action. ETW also has a reasonable belief that registration of the Teton TGR Mark for the unrestricted goods and services in the

Application may interfere with ETW’s right to use and/or register the ETW TGR-

Formative Marks in commerce, including the TGR DESIGN mark.

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Notice of Opposition Serial No. 87692191

Count I: Void Ab Initio, 15 U.S.C. §§ 1051(a) and 1127

20. ETW repeats and realleges each and every allegation set forth in the above paragraphs.

21. Trademark Act Section 1(a), 15 U.S.C. § 1051(a), requires that an applicant for a used-based trademark application make a verified statement that the applied-for mark is in use in commerce for the covered goods and/or services as of the application’s filing date”

22. Upon information and belief, Teton has not used Teton’s TGR Mark in commerce on or in connection with all of the goods and services identified in the use- based portion of the Application for the Teton TGR Mark as of the Application’s

November 20, 2017 filing date, or any date thereafter, as required under Trademark Act

Sections 1(a) and 45, 15 U.S.C. §§ 1051(a) and 1127.

23. In particular, upon information and belief, Teton has not used in commerce the TGR Mark in connection with at least the following goods and services in the

Application:

Cl. 35: event planning and management for marketing, branding, promoting, or advertising the goods and services of others; advertising and publicity services, namely, promoting the goods, services, brand identity, and commercial information and news of third parties through print, audio, video, digital, and on-line medium.

Cl. 41: Amusement park and theme park services.

24. In addition, upon information and belief, Teton has not used in commerce the Teton TGR Mark in connection with all types of “sports” and “sporting events” as identified in the Application. Upon information and belief, Teton’s use of the TGR Mark as of the Application filing date was, and is, limited to use in connection with “action

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Notice of Opposition Serial No. 87692191 sports” and/or “extreme sports.”

25. Accordingly, Application No. 87692191 is void ab initio as to Classes 9,

35, and 41and must be refused registration under 15 U.S.C. § 1051(a) and 1127.

Count 2: Lack of Bona Fide Intent to Use, 15 U.S.C. § 1051(b)

26. ETW repeats and realleges each and every allegation set forth in the above paragraphs.

27. Upon information and belief, Teton lacked the requisite bona fide intent to use the Teton TGR Mark in commerce under Section 1(b), 15 U.S.C. § 1051(b), on or in connection with any of the Application’s Class 43 services as of the of Application’s filing date, namely, “Hotel, resort hotel, bar, and restaurant services.”

28. Upon information and belief, Teton filed the Application for Teton TGR

Mark in Class 43 with a bad faith intent to reserve rights in the mark TGR for those services and solely for the purpose of securing rights for use in potential future litigation against ETW.

29. Accordingly, Teton lacks the required bona fide intent to use the Teton

TGR Mark in commerce for the Class 43 services in the Application, and the Application for those services should be held void and refused registration.

Count 3: Partial Opposition and Restriction, Under Section 18, 15 U.S.C. § 1068

30. ETW repeats and realleges each and every allegation set forth in the above paragraphs.

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Notice of Opposition Serial No. 87692191

31. ETW asserts that Teton’s Application No. 87692191 is overbroad and should be restricted and narrowed as set forth below under Trademark Act Section 18,

15 U.S.C. § 1068.

32. On information and belief, Teton does not now and has never used the

Teton TGR Mark in commerce in connection with all types of “sports,” “sports gear,” and

“sporting events,” but rather has used the Teton TGR Mark in commerce in connection with just “action sports” and/or “extreme sports.”

33. Accordingly, the identification of goods and services in Classes 9, 35, 41, and 43 in the Application is overbroad and should be restricted and narrowed as set forth below under Trademark Act Section 18, 15 U.S.C. § 1068. Proposed amendments are noted in bold and underline.

Cl. 9: Motion picture films and movies, downloadable films, movies, and multimedia entertainment video content about action sports, travel, people, namely, action sports athletes, entertainment, adventure, technology, culture, music, food, and action sporting events; eyewear; all of the foregoing excluding the sport of golf.

Cl. 35: Online retail store services featuring lifestyle apparel, action sports gear, action sports videos, glassware, beverageware, posters, stickers, and books; retail store services featuring lifestyle apparel, action sports gear, backpacks, eyewear, action sports videos, glassware, beverageware, posters, stickers, books, and towels; promotional services, namely, conducting a film event to promote action sports, travel, people, namely, action sports athletes, entertainment, adventure, technology, culture, music, and action sporting events; production of advertising content for action sports and motion picture films about action sports; event planning and management for marketing, branding, promoting, or advertising the goods and services of others in the field of action sports; advertising and publicity services, namely, promoting the goods, services, brand identity, and commercial information and news of third parties in the field of action sports through print, audio, video, digital, and on-line medium; all of the foregoing excluding the sport of golf.

Cl. 41: Entertainment services, namely, development, creation, production, editing, distribution, and post-production of films, movies, and

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Notice of Opposition Serial No. 87692191

multimedia entertainment content about action sports; providing a website featuring blogs, non-downloadable articles, photos, videos, and films in the fields of action sports, technology, action sports gear, travel, people, namely, action sports athletes, entertainment, adventure, culture, music, food, current affairs, and action sporting events; organizing and hosting of events for cultural purposes; Amusement park and theme park services; all of the foregoing excluding the sport of golf.

Cl. 43: Hotel, resort hotel, bar, and restaurant services, all of the foregoing for patrons of action sports.

34. Further, the Application is overbroad because it does not contain a description of the Teton TGR Mark to reflect that “TGR” is an acronym. As noted above,

“TGR” is an acronym for Applicant’s company name Teton Gravity Research.

Accordingly, the Application should be restricted and amended to include a description of the mark that reads: “The mark consists of the letters TGR, which is an acronym for

Teton Gravity Research.”

35. ETW maintains that there is no likelihood of confusion, mistake, or deception between its use and registration of ETW’s TGR-Formative Marks, including

TGR DESIGN, and the Teton TGR Mark. However, ETW submits that entry of the above amendments and restrictions will appropriately limit the scope of any ensuing registration to the goods and services that Teton has actually rendered or offered in commerce and will avoid any likelihood of confusion that Teton alleges exists (and which ETW denies) between ETW’s TGR-Formative Marks, including TGR DESIGN, and the Teton TGR Mark.

WHEREFORE, ETW believes that it will be damaged by the registration of the mark shown in U.S. Application Serial No. 87692191, and requests that this opposition be sustained as to Classes 9, 35, 41,and 43, and that registration to Applicant be refused as to Classes 9, 35, 41,and 43.

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Notice of Opposition Serial No. 87692191

A filing fee has been submitted electronically. If the filing fee is found to be insufficient for any reason, please charge such deficiency to our Deposit Account No.

506154.

Respectfully submitted,

Dated: August 22, 2018 By: /Robert D. Litowitz/ Robert D. Litowitz [email protected] Linda K. McLeod [email protected] Jason M. Joyal [email protected] Kelly IP, LLP 1300 19th Street N.W. Suite 300 Washington, D.C. 20036 Telephone: 202-808-3570 Facsimile: 202-354-5232

Attorneys for Opposer ETW Corp.

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EXHIBIT A Generated on: This page was generated by TSDR on 2018-08-22 09:43:31 EDT Mark: TGR DESIGN

US Serial Number: 87176853 Application Filing Sep. 20, 2016 Date: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal Mark Type: Service Mark Status: An opposition after publication is pending at the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. Status Date: Oct. 20, 2017 Publication Date: Jun. 27, 2017

Mark Information

Mark Literal TGR DESIGN 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: "DESIGN" Name Portrait The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. Consent: 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: Building construction; repair and installation services of turf watering pipes and controls; building construction services of golf facilities; maintenance of golf courses and golf driving ranges International 037 - Primary Class U.S Class(es): 100, 103, 106 Class(es): Class Status: ACTIVE Basis: 1(b)

For: Consulting services in the field of architectural design of construction and building of golf courses and golf driving ranges; architectural design services, namely, drawing up of blueprints for the construction and building of golf courses and golf driving ranges; architectural design services in the field of golf courses International 042 - Primary Class U.S Class(es): 100, 101 Class(es): Class Status: ACTIVE Basis: 1(b)

For: Maintenance of golf courses, namely, lawn mowing services, horticultural and turf care services, namely, providing preparation and development of turf grass and soil for providing an environment that encourages improved growth attributes; providing design services for others in the field of golf courses; landscaping design services International 044 - Primary Class U.S Class(es): 100, 101 Class(es): Class Status: ACTIVE Basis: 1(b) Basis Information (Case Level) Filed Use: No Currently Use: No Amended Use: No Filed ITU: Yes Currently ITU: Yes 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: ETW Corp. Owner Address: 145 Soundings Avenue, Suite 200 Jupiter, FLORIDA 33477 UNITED STATES Legal Entity Type: CORPORATION State or Country FLORIDA Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: John Oney Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent ROBERT D. LITOWITZ Name/Address: KELLY IP, LLP 1300 19TH STREET, N.W., SUITE 300 WASHINGTON, DISTRICT OF COLUMBIA 20036 UNITED STATES Phone: 2162330991 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 20, 2017 OPPOSITION INSTITUTED NO. 999999 237344 Jul. 17, 2017 EXTENSION OF TIME TO OPPOSE RECEIVED Jun. 27, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun. 27, 2017 PUBLISHED FOR OPPOSITION Jun. 07, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED May 16, 2017 APPROVED FOR PUB - PRINCIPAL REGISTER May 12, 2017 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 May 11, 2017 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 May 11, 2017 TEAS RESPONSE TO OFFICE ACTION RECEIVED Dec. 22, 2016 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Dec. 22, 2016 NON-FINAL ACTION E-MAILED 6325 Dec. 22, 2016 NON-FINAL ACTION WRITTEN 76487 Dec. 22, 2016 ASSIGNED TO EXAMINER 76487 Sep. 24, 2016 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Sep. 23, 2016 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information TM Attorney: STIGLITZ, SUSAN R Law Office LAW OFFICE 109 Assigned: File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 22, 2017 Proceedings

Summary Number of 2 Proceedings: Type of Proceeding: Opposition Proceeding 91237344 Filing Date: Oct 20, 2017 Number: Status: Pending Status Date: Oct 20, 2017 Interlocutory MIKE WEBSTER Attorney: Defendant Name: ETW Corp. Correspondent Robert D. Litowitz Address: Kelly IP, LLP 1300 19th Street, N.W., Suite 300 Washington DC , 20036 UNITED STATES Correspondent e- [email protected] , [email protected] , [email protected] , [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number TGR DESIGN Opposition Pending 87176853 Plaintiff(s) Name: Teton Gravity Research LLC Correspondent CRAIG A BEAKER Address: PERKINS COIE LLP 1201 THIRD AVENUE, SUITE 4900 SEATTLE WA , 98101 UNITED STATES Correspondent e- [email protected] , [email protected] , [email protected] , [email protected] mail: Associated marks Registration Mark Application Status Serial Number Number TGR Registered 85498549 4610137 TETON GRAVITY RESEARCH Registered 85450572 4248815 Prosecution History Entry Number History Text Date Due Date 1 FILED AND FEE Oct 20, 2017 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Oct 20, 2017 Nov 29, 2017 3 PENDING, INSTITUTED Oct 20, 2017 4 ANSWER Nov 28, 2017 5 P CHANGE OF CORRESP ADDRESS Jan 29, 2018 6 STIP TO SUSP PEND SETTL NEGOTIATIONS Mar 19, 2018 7 SUSPENDED Mar 19, 2018 8 P MOT FOR EXT W/ CONSENT Jul 20, 2018 9 EXTENSION OF TIME GRANTED Jul 24, 2018 10 D CHANGE OF CORRESP ADDRESS Jul 30, 2018 11 STIP FOR EXT Aug 02, 2018 12 EXTENSION OF TIME GRANTED Aug 02, 2018 Type of Proceeding: Extension of Time Proceeding 87176853 Filing Date: Jul 17, 2017 Number: Status: Terminated Status Date: Oct 25, 2017 Interlocutory Attorney: Defendant Name: ETW Corp. Correspondent JOHN ONEY Address: JOHN ONEY LAW OFFICE 3550 HARVEY ROAD CLEVELAND HEIGHTS OH , 44118 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number TGR DESIGN Opposition Pending 87176853 Potential Opposer(s) Name: Teton Gravity Research LLC Correspondent Matthew D. Stein Address: Pierce Atwood LLP 254 Commercial Street Portland ME , 04101 UNITED STATES Correspondent e- [email protected] mail: Associated marks Registration Mark Application Status Serial Number Number

Prosecution History Entry Number History Text Date Due Date 1 INCOMING - EXT TIME TO OPPOSE FILED Jul 17, 2017 2 EXTENSION OF TIME GRANTED Jul 17, 2017

EXHIBIT B