Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA431691 Filing date: 09/21/2011 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 of America, Inc. Granted to Date 09/21/2011 of previous extension Address 4600 150th Avenue NE Redmond, WA 98052 UNITED STATES

Correspondence Tsan Abrahamson information Cobalt LLP 918 Parker Street, Building A21 Berkeley, WA 94710 UNITED STATES [email protected] Phone:510-841-9800 Applicant Information

Application No 85222742 Publication date 05/24/2011 Opposition Filing 09/21/2011 Opposition 09/21/2011 Date Period Ends International NONE International NONE Registration No. Registration Date Applicant Creative Technology Ltd. Creative Resource 31 International Business Park Singapore, 609921 SINGAPORE Goods/Services Affected by Opposition

Class 009. All goods and services in the class are opposed, namely: Computer hardware; tablet computers; portable hand-held computers; electronic book readers; personal digital assistants; computers; electronic calendar; electronic digital compass; global positioning system (GPS) device; hand held computer hardware for wireless networking in a home, office, retail and school environment; wired and wireless portable computers; wired and wireless remote controls for tablet computers and hand- held computers and portable computers; software for operating tablet computers and hand-held computers and portable computers; portable handheld computers with voice over Internet Protocol; computer software for rendering and display of caller identification information; software for telecommunications access via voice over Internet Protocol; 3G cellular network signal receivers; 4G cellular network signal receivers; computer operating system software; computer hardware and software for providing integrated telephone communication with computerized global information and networks; computer software for the transmission and redirection of messages, Internet e-mail, and/ or other data to one or more electronic handheld devices from a data store on or associated with a personal computer or a server; computer peripherals, namely, speakers, microphones, and headsets for use with handheld computers and portable handheld digital electronic multi-media devices; portable and handheld digital electronic multi-media devices for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; electronic docking stations; stands specially designed for holding handheld computers and portable and handheld digital electronic multi-media devices; electrical connectors, wires, cables, adaptors and USB (universal serial bus) hardware; image capturing device, namely, webcams, video cameras and cameras; headphones and earphones; home theater systems comprising video screens, video projectors, digital disc players, audio and video receivers, audio and video amplifiers, and audio speakers; stereo amplifier and speaker base stations in the nature of electronic docking stations containing audio speakers for digital music players; video viewers, namely, video displays monitors for tablet computers and portable and handheld digital electronic multi-media devices; parts and accessories for tablet computers and portable handheld computers, namely, protective cases, fitted protective plastic films and covers; downloadable electronic publications in the nature of magazines, newsletters and books on the subjects of interactive video game programs; and downloadable digital maps and downloadable musical recordings all provided on-line from databases or from the Internet or from any other communications network Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d) Dilution Trademark Act section 43(c) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3500328 Application Date 11/11/2005 No. Registration Date 09/09/2008 Foreign Priority 11/11/2005 Date Word Mark Design Mark

Description of NONE Mark Goods/Services Class 009. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 (Based on Use in Commerce) Optical discs and CDs featuring entertainment content in the nature of games; computer game consoles in the nature of video game machines for use with monitors or televisions; computer game controllers in the nature of player-operated electronic controllers for electronic video game machines; computer game equipment containing memory devices, namely, discs; computer game peripherals, namely, joysticks, controllers, power supplies, transformers and adaptors for connection to the Internet; computer game programs; computer game software; computer hardware for accessing global computer and communication networks; computer software for accessing and browsing global computer and communication networks; computer software for text editing and for composing, transmitting and receiving email; electronic game consoles in the nature of video game machines for use with monitors or televisions; electronic game controllers in the nature of player-operated electronic controllers for electronic video game machines; electronic video game discs; electronic game machines in the nature of video output game machines for use with monitors or televisions; electronic game memory devices in the nature of memory cards; electronic game programs; electronic game software; computer hardware in the nature of electronic units for receipt, storage and/or transmission of text, graphics and multimedia content; electronic video game machines for use with a monitor or television; communication devices, namely, computers and video output game machines for use with monitors and televisions, all enabled for receipt and transmission of information, namely, data, text, graphics, images, still and motion pictures, sound, music, audio, video, video games, signals, and messages; computer and disc memories for storing computer and video game software in electronic format; interactive electronic video output game machines for use with monitors and televisions; interactive video game consoles for use with monitors and televisions; interactive video game discs; interactive video game programs; interactive video game software; video game consoles for use with monitors and televisions; video game joysticks and player-operated electronic controllers for electronic video game machines; video game discs; accessories for video output game machines for use with monitors and televisions, namely, carry cases for carrying video output game machines and battery chargers; video output game machines featuring flash memory devices in the nature of flash memory cards, for use with monitors and televisions; video game memory cards; video game programs and utility programs; video game players in the nature of video game machines for use with televisions; video game programs; video game software; video player for playing audio/visual content, including movies and television programs which are stored on electronic memory devices; wireless communication devices, namely, computers and video output game machines for use with televisions, all enabled for receipt and transmission of information, namely, data, text, graphics, images, still and motion pictures, sound, music, audio, video, video games, signals, and messages; electronic game programs for video game machines; pre-recorded optical discs, featuring video game software for use with video game machines; video game software intended for a wide audience; interactive video game programs intended for a wide audience; pre-recorded optical discs, featuring video game software intended for a wide audience; video game software for hand-held game machines with liquid crystal display; pre-recorded optical discs, featuring computer programs for use as entertainment; computer programs for use as entertainment, namely, computer game programs; pre- recorded video discs featuring games; electronic publications, namely, game strategy guides, books and magazines featuring entertainment content recorded on computer media; (Based on44(e)) Electronic game programs for video game machines; electronic integrated circuits, pre-recorded optical discs, magnetic discs, optical-magnetic discs, magnetic tapes, magnetic cards, ROM cartridges, ROM cassettes, ROM cards, memory cartridges, memory cards, CD ROMs, and DVD-ROMs, featuring video game software for use with video game machines; video game software intended for a wide audience; interactive video game programs intended for a wide audience; pre-recorded electronic circuits, optical discs, magnetic discs, optical-magnetic discs, magnetic tapes, magnetic cards, ROM cartridges, ROM cassettes, ROM cards, memory cartridges, memory cards, CD ROMs, and DVD-ROMs, featuring video game software intended for a wide audience; video game software for hand-held game machines with liquid crystal display; pre-recorded electronic circuits, optical discs, magnetic discs, optical-magnetic discs, magnetic tapes, magnetic cards, ROM cartridges, ROM cassettes, ROM cards, memory cartridges, memory cards, CD ROMs, and DVD- ROMs, featuring video game software for use with hand-held game machines with liquid crystal displays; computer programs for use as entertainment, namely, computer game programs; PCS telephones, wireless telephones and pagers; photographic machines and apparatus, namely, digital, video and photographic cameras and accessories, namely, camera lenses and camera tripods; cinematographic machines and apparatus; cell phones; wrist straps for cell phones; other parts and accessories for cell phones, namely, cases for cell phones and devices for hands-free use of cell phones; other machines and apparatus for telecommunication, namely, computer communication cables

U.S. Registration 3482582 Application Date 04/27/2006 No. Registration Date 08/05/2008 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 016. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 (Based on Use) Calendars; gift wrapping paper; magazines, booklets, strategy guides, and manuals regarding video games, computer games and entertainment; pens; posters; and magazines and other printed matter, namely, booklets and manuals pertaining to video games; (Based on Section 44(e)) paper banners; paper flags; paper labels for baggage; calligraphic works and calligraphic pictures; photographs; stationery; adhesives for stationery or household use; and electrical pencil sharpeners

U.S. Registration 3826515 Application Date 04/27/2006 No. Registration Date 07/27/2010 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 016. First use: First Use: 2008/10/17 First Use In Commerce: 2008/10/17 notebooks; notepads; trading cards

U.S. Registration 3443095 Application Date 04/27/2006 No. Registration Date 06/03/2008 Foreign Priority NONE Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 018. First use: First Use: 2006/10/31 First Use In Commerce: 2006/10/31 Bags and luggage, namely, shoulder bags, handbags, carry on bags, tote bags, Boston bags, backpacks, athletic bags, gym bags, traveling bags, duffel bags, school bags, school book bags; pouches, namely, drawstring pouches

U.S. Registration 3522756 Application Date 04/27/2006 No. Registration Date 10/21/2008 Foreign Priority NONE Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 Clothing, namely, caps; hats; headwear; jackets; jerseys; pajamas; shirts; sleepwear; sweatshirts; sweat bands; T-shirts; underwear; vests and wrist bands

U.S. Registration 3604541 Application Date 04/27/2006 No. Registration Date 04/07/2009 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 028. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 (Based on Use in Commerce) Cases for play accessories; flying discs; jigsaw puzzles; play figures; plush dolls; promotional game cards; rubber character toys; toy action figures and accessories therefor; toy figurines; toy key chains with and without sound device; toy vehicles; trading card games; playing cards; other toys, namely, toy figures; toy trading card games; dolls; chess games; (Based on 44(e)) other toys, namely, toy figures; toy trading card games; dolls

U.S. Registration 3927762 Application Date 04/27/2006 No. Registration Date 03/08/2011 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 028. First use: Hand-held games with liquid crystal display; adapters for hand-held games with liquid crystal display; playing cards; GO games; Japanese chess games; Japanese card games; dice; Japanese dice games called Sugoroku; chess games; equipment for checkers; apparatus for magician tricks; dominos; Japanese playing cards called Hanafuda; Mah Jong equipment; toys for domestic pets

U.S. Registration 3494185 Application Date 04/27/2006 No. Registration Date 08/26/2008 Foreign Priority NONE Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 038. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 Communication services, namely, electronic transmission of data and documents among users of computers; electronic mail services; providing online communication and electronic bulletin boards for transmission of messages among users in the field of general interest; providing online communication services for transmission of messages among computer users; providing wireless access to computer networks and Internet; streaming of audio and video material on the Internet; text and numeric wireless digital messaging services; web messaging services; wireless broadband communication services; wireless digital messaging services; wireless electronic transmission of data, images and information

U.S. Registration 3604540 Application Date 04/27/2006 No. Registration Date 04/07/2009 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 (Based on Use in Commerce) Entertainment services, namely, providing online electronic games and providing interactive multiplayer game services in the nature of providing computer games that may be accessed and played network- wide by network users for video games played over computer networks and global communications networks; providing electronic games that may be accessed network-wide by network users; providing entertainment-related information on the video game and computer game industries; providing information on video games, computer games and related products; providing online information and news in the field of entertainment, namely, information regarding computer/electronic/video games; providing online news, hints and other information in the field of computer/electronic/video games through a global computer network; rental of video games; (Based on Use in Commerce and Section 44(e)) game services, namely, providing online computer games and video games via the Internet or a computer network; game services, namely, providing online computer games and video games for a wide audience via video game apparatus, video game machines; providing information on recreational activities, namely, computer/electronic/video games

U.S. Registration 3927761 Application Date 04/27/2006 No. Registration Date 03/08/2011 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2006/09/27 First Use In Commerce: 2006/09/27 Game services, namely, providing online computer games and video games for a wide audience via hand-held video game apparatus with liquid crystal display, and arcade-type video game machines; providing non-downloadable video game programs for use with computers, video game machines, and hand-held video game machines with a liquid crystal display that may be accessed network-wide by network users via wireless communication; amusement, namely, amusement centers; providing entertainment services, namely, providing entertainment in the nature of non-downloadable sounds and images in the field of musical videos, that may be accessed by network users via arcade game machines; rental of video game software; rental of hand-held electronic video game software; digital imaging services; arranging conferences, seminars and exhibitions; training services in the field of computer/electronic/video games; organizing exhibitions for educational or cultural purposes; publication of books; publication of electronic books and on-line magazines; publication of texts except advertising texts; movie production; presentation of live show performances; television show production; radio and television programs production; television entertainment in the nature of television programs in the field of computer/electronic/video games; recording studios services

U.S. Registration 3843256 Application Date 04/27/2006 No. Registration Date 08/31/2010 Foreign Priority 11/11/2005 Date Word Mark WII Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2006/09/27 First Use In Commerce: 2006/09/27 (Based on Use in Commerce) Arranging and conducting competitions for video game players and computer game players; providing temporary use of non- downloadable electronic sample game programs; providing information on entertainment topics, namely, computer/electronic/video games; providing entertainment services, namely, providing entertainment in the nature of non- downloadable sounds and images in the field of electronic games, game samples, musical videos, and related photographs and screen shots, that may be accessed by network users via computer/electronic/video game apparatus and computer/electronic/video game machines; organizing and conducting entertainment exhibitions in the field of video games; organization of competitions for the purpose of teaching or entertainment, namely, organization of video game playing competitions; publishing of non-downloadable electronic online publications; (Based on 44(e)) Game services, namely, providing online computer games and video games via the Internet or a computer network; game services, namely, providing online computer games and video games for a wide audience via video game apparatus and video game machines; providing information on entertainment topics, namely, computer/electronic/video games; providing information on recreational activities, namely, computer/ electronic/video games; providing entertainment services, namely, providing entertainment in the nature of non-downloadable sounds and images in the field of electronic games, game samples and related photographs and screen shots, that may be accessed by network users via computer/electronic/video game apparatus and computer/electronic/video game machines; organizing and conducting entertainment exhibitions in the field of video games; organization of competitions for the purpose of teaching or entertainment, namely, organization of video game playing competitions; publishing of non-downloadable electronic online publications

U.S. Registration 3781880 Application Date 06/17/2008 No. Registration Date 04/27/2010 Foreign Priority 12/21/2007 Date Word Mark Design Mark

Description of The mark consists of stylized lettering of the mark "Wii Fit". Mark Goods/Services Class 018. First use: First Use: 2009/09/22 First Use In Commerce: 2009/09/22 Carry-all bags; duffel bags; general purpose bags for carrying yoga equipment; sports bags; tote bags; travel bags

U.S. Registration 3600446 Application Date 09/13/2006 No. Registration Date 03/31/2009 Foreign Priority NONE Date Word Mark Design Mark

Description of NONE Mark Goods/Services Class 016. First use: First Use: 2007/02/12 First Use In Commerce: 2007/02/12 Booklets and manuals regarding video games

U.S. Registration 3633323 Application Date 09/13/2006 No. Registration Date 06/02/2009 Foreign Priority NONE Date Word Mark WII PLAY Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2007/09/10 First Use In Commerce: 2007/09/10 Clothing, namely, shirts; T-shirts; tops

U.S. Registration 3927211 Application Date 11/22/2006 No. Registration Date 03/08/2011 Foreign Priority NONE Date Word Mark WII POINTS CARD Design Mark

Description of NONE Mark Goods/Services Class 016. First use: First Use: 2006/11/19 First Use In Commerce: 2006/11/19 Gift cards; non-magnetically encoded prepaid value cards for allowing users to transfer financial value on-line via retail computer networks; non-magnetically encoded prepaid value cards for the online purchase of and/or access to downloadable games, news, sports, entertainment content via the Internet; scratch cards to provide an access code for purchase of and access to downloadable games, news, sports and entertainment content

U.S. Registration 3742849 Application Date 10/17/2007 No. Registration Date 01/26/2010 Foreign Priority 07/10/2007 Date Word Mark WII WHEEL Design Mark

Description of NONE Mark Goods/Services Class 009. First use: First Use: 2008/04/27 First Use In Commerce: 2008/04/27 (Based on Use in Commerce) Video game discs; programs for video games; optical discs and CD-ROM all storing programs for video game machines; controllers for video games; other parts and fittings for computer game machines, video game machines, namely, game controllers; programs for computers, namely, computer games; other electronic machines, apparatus and their parts, namely, electronic game software; recorded compact discs featuring entertainment content, namely, games; recorded video discs featuring children's entertainment content, namely, games (Based on 44(e)) Video game cartridges; electronic circuits, ROM cards, ROM cartridges, DVD-ROM and other storage media all storing programs for video game machines; joysticks and memory cards for video games; other parts and fittings for computer game machines, video game machines, namely, game joysticks, memory cards, power supplies, transformers, connectors to connect to other video game machines, and adaptors for connection to the Internet; programs for handheld games with liquid crystal displays; electronic circuits, optical discs, ROM cards, ROM cartridges, CD-ROM, DVD-ROM and other storage media storing programs for handheld games with liquid crystal displays; video game programs for arcade video game machines; electronic circuits, optical discs, ROM cards, ROM cartridges, CD- ROM, DVD-ROM and other storage media, storing programs for arcade video game machines; electronic circuits, hard disks, optical discs, MO disks, magnetic tape, ROM cards, ROM cartridges, CD-ROM, DVD-ROM and other storage media storing programs for computers; downloadable programs for computers, namely, computer games; game programs for cellular phones; other electronic machines, apparatus and their parts, namely, electronic video game machines for use with a computer monitor or television, interactive electronic game machines for use with a monitor or television; recorded compact discs featuring entertainment content, namely, music, stories, and game hints; phonographic records; downloadable music files that can be received and stored using the Internet; cinematographic films; slide films; slide film mounts; recorded video discs featuring children's entertainment content, namely, fairy tales, music, downloadable electronic publications, namely, commentary articles, game strategy guides, stories, games featuring entertainment content and video tapes featuring children's entertainment content, namely, fairy tales, music, games, downloadable electronic publications, namely, commentary articles, game strategy guides, stories, games featuring entertainment content

U.S. Registration 3599330 Application Date 07/24/2007 No. Registration Date 03/31/2009 Foreign Priority NONE Date Word Mark WII ZAPPER Design Mark

Description of NONE Mark Goods/Services Class 009. First use: First Use: 2007/11/19 First Use In Commerce: 2007/11/19 Computer game controllers; video game controllers; video game controllers in the shape of a toy gun

U.S. Registration 3722926 Application Date 10/25/2007 No. Registration Date 12/08/2009 Foreign Priority 07/10/2007 Date Word Mark WIIFIT Design Mark

Description of NONE Mark Goods/Services Class 028. First use: First Use: 2007/07/11 First Use In Commerce: 2007/07/11 Sports equipment, namely, yoga mats, personal exercise mats, and an accessory for computer and video games comprised of a platform on which the user stands, sits or otherwise presses against to produce interactive input for a computer or video game based on the relative weight or pressure placed at specific locations on the structure by the user

U.S. Registration 3531931 Application Date 07/23/2007 No. Registration Date 11/11/2008 Foreign Priority NONE Date Word Mark WIIWARE Design Mark

Description of NONE Mark Goods/Services Class 009. First use: First Use: 2008/05/12 First Use In Commerce: 2008/05/12 Computer game programs; computer game software; electronic game programs; interactive video game programs; interactive video game software; video game programs; video game software; downloadable software for collection, organizing, transmission, storage and sharing of data and information; downloadable game software; software and downloadable software for transmitting and receiving data and files to and from remote computers and computer networks; software and downloadable software for accessing, sharing and communicating information over computer networks, and for conducting and executing business transactions using computer networks; software and downloadable software for the search for and transfer of information across global communications networks; software and downloadable software for creating searchable databases of information and data; software and downloadable software for wireless content delivery; electronic game software; game software; downloadable electronic game software programs; downloadable audio files, multimedia files, text files, video materials and games featuring music, stories, computer games, video games

U.S. Registration 3531932 Application Date 07/23/2007 No. Registration Date 11/11/2008 Foreign Priority NONE Date Word Mark WIIWARE Design Mark

Description of NONE Mark Goods/Services Class 041. First use: First Use: 2008/05/12 First Use In Commerce: 2008/05/12 Entertainment services, namely, providing online electronic games; providing electronic games that may be accessed network-wide by network users; entertainment in the nature of online games; providing non-downloadable video game programs provided via the Internet Related Opposition No. 91201520 Proceedings

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Certificate of Service

The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date.

Signature /Tsan Abrahamson/ Name Tsan Abrahamson Date 09/21/2011