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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA668699 Filing date: 04/24/2015 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation

Notice is hereby given that the following parties request to cancel indicated registration. Petitioner Information

Name Welspun Global Brands Limited Entity Corporation Citizenship India Address Welspun Hse, 7 Fl, Kamala Mills Compound Senapati Bapat Marg, Lower Parel Mumbai, 400013 INDIA

Name Welspun India Limited Entity Corporation Citizenship India Address Welspun Hse, 7 Fl, Kamala Mills Compound Senapati Bapat Marg, Lower Parel Mumbai, 400013 INDIA

Attorney informa- Tamara F. Carmichael tion LOEB & LOEB LLP 345 Park Avenue New York, NY 10154 UNITED STATES [email protected], [email protected], [email protected] Phone:2124074000 Registrations Subject to Cancellation

Registration No 3861437 Registration date 10/12/2010 Registrant EKE TEKSTILL INDUSTRY, TRADING CORPORATION NO. 12 20065 DENIZLI, TURKEY Goods/Services Subject to Cancellation

Class 024. First Use: 2009/01/01 First Use In Commerce: 2010/03/22 All goods and services in the class are cancelled, namely: Goods made in whole part of , namely, towels, curtains of Grounds for Cancellation

Priority and likelihood of confusion Trademark Act section 2(d) Other Unfair Competition Registration No 4564914 Registration date 07/08/2014 Registrant EKE TEKSTIL KONFEKSIYON TURIZM SANAYI VE TICARET ANONIM SIR- KETI Organize Sanayi Bölgesi Servergazi DENIZLI, TURKEY Goods/Services Subject to Cancellation

Class 023. First Use: 2014/04/18 First Use In Commerce: 2014/04/18 All goods and services in the class are cancelled, namely: , made in whole or in substantial part of cotton Class 024. First Use: 2014/04/18 First Use In Commerce: 2014/04/18 All goods and services in the class are cancelled, namely: Towels, beach towels, beach towel wraps, baby , baby hooded towels, sheet sets, duvet covers, bed blankets, bedcoverings, namely, bed sheets, all madein whole or in substantial part of cotton Class 025. First Use: 2014/04/18 First Use In Commerce: 2014/04/18 All goods and services in the class are cancelled, namely: , slippers, bath wraps, shower- wraps, beach wraps, baby bath robes andbath wraps, all made in whole or in substantial part of cot- ton Class 027. First Use: 2014/04/18 First Use In Commerce: 2014/04/18 All goods and services in the class are cancelled, namely: Bath rugs, tub mats, bath mats, all made in whole or in substantial part of cotton Grounds for Cancellation

Priority and likelihood of confusion Trademark Act section 2(d) Other Unfair Competition

Marks Cited by Petitioner as Basis for Cancellation

U.S. Registration 2983694 Application Date 11/13/2003 No. Registration Date 08/09/2005 Foreign Priority NONE Date Word Mark HYGROCOTTON Design Mark

Description of NONE Mark Goods/Services Class 024. First use: First Use: 2005/05/03 First Use In Commerce: 2005/05/03 Bed sheets and towels made in significant part of cotton

U.S. Registration 4184680 Application Date 02/19/2010 No. Registration Date 08/07/2012 Foreign Priority NONE Date Word Mark HYGRO Design Mark

Description of NONE Mark Goods/Services Class 022. First use: First Use: 0 First Use In Commerce: 0 Ropes, string, fabric and used for storing toys and other household items, tents, awnings, tarpaulins, sails, sacks or bags for the trans- portation or storage of materials in bulk, Cloth bags for laundry but not luggage or travel, Cloth bags for storage but notluggage or travel; padding and stuffing- materials not of rubber, paper or plastic; raw fibrous textile materials Class 023. First use: First Use: 0 First Use In Commerce: 0 and threads, for textile use; cotton thread and yarn; thread and yarn; spun cotton; thread; spun ; woollen thread and yarn Class 024. First use: First Use: 0 First Use In Commerce: 0 textile fabrics for use in making clothing and household furnishings; bed and ta- ble covers made of fabric; bath linen, except clothing; bed blankets; bed sheets; bed covers; bed covers of paper; bed linen; bedspreads; bolting cloth; ; cheese cloth, cotton cloth, crepe cloth, dish cloths, face cloths, cloth, flax cloth, cloth, cloth, sail cloth, cloth, table cloth of textile, wash cloths, cotton fabrics; unfitted furniture coverings of textile; coverlets; covers for cushions; unfitted fabric furniture covers; curtains of textile or plastic; ; door curtains; cashmere fabric; chenille fabric; cheviot fabric; fabric; cot- ton base mixed fabrics; curtain fabric; fabric; elastic fabrics for clothing; fabrics for textile use; felt and non-woven textile fabrics; flax fabrics; furnishing and upholstery fabrics; fabric; hand spun silk fabrics; hemp base mixed fabrics; interior decoration fabrics; jeans fabric; fabrics for clothing; jute fabrics; knitted fabrics; linen fabric; mesh-woven fabrics; mixed fabrics; non-woven fabrics and ; non-woven textile fabrics; fabric; piled fabrics; polyester fabric; fabrics; fabric; semi- fabrics; silk base mixed fabrics; silkfabrics; silk-cotton mixed fabrics; silk-wool mixed fabrics; fabric foruse in the manufacture of clothing; spun silk fabrics; synthetic fiber fabrics; fabric; upholstery fabrics; wool base mixed fabrics; wool yarn fabrics;wool-cotton mixed fabrics; fabrics; woven fabrics; fabrics for tex- tile use; face towels of textile; fibreglass fabrics for textile use; flannel; ; handkerchiefs of textile; household linen; ; linen cloth; textile used as lining for clothing; napkins, of cloth, for removing make-up; mattresscovers; table napkins of textile; non-woven textile fabrics; pillow shams; pillowcases; place mats, not of paper; quilts; travelling rugs; bath sheets; towel sheet, fitted covers, bed flat sheets, contour sheets, sheet sets; shower curtains of textile or plastic; silk fabrics for printing patterns; table linen, not of paper; table napkins of textile; tablecloths, not of paper; tablemats, not of paper; tissues of textile for removing make-up; towels of textile; ; cloth and woolen fabric Class 025. First use: First Use: 0 First Use In Commerce: 0 Clothing, namely, shirts, t-shirts, blouses, pants, jeans, skirts, shorts, dresses, jackets, coats, , socks and stockings, belts, rain coats, rain boots, scarves, gloves; footwear; headgear, namely, hats and caps; bathrobes Class 026. First use: First Use: 0 First Use In Commerce: 0 and embroidery, ribbons and braid;buttons, hooks and eyes, marking pins, safety pins, sewing pins, needles, embroidery needles, needles, lacing needles, sewing machine needles and sewing needles; artificial flowers; needle cushions and pin cushions Class 027. First use: First Use: 0 First Use In Commerce: 0 Carpets, rugs, mats and matting and linoleum for covering existing floors; non- textile wall hangings; artificial turf; automobile carpets; bath mats; floor cover- ings; mats of woven rope for ski slopes; bath mats with non-slip backing; floor mats with non-slip backing Class 035. First use: First Use: 0 First Use In Commerce: 0 Retail store services, on-line retail store services, and mail order services featur- ing ropes, string, fabric and polyester mesh net used for storing toys and other household items, tents, awnings, tarpaulins, sails, sacks and bags not included in other classes, padding and stuffing materials except of rubber or plastics, raw fibrous textile materials, yarns and threads for textile use, cotton thread and yarn, linen thread and yarn, spun cotton, thread, spun wool, woollen thread and yarn, textile and textile goodsnot included in other classes, bed and table cov- ers, bath linen except clothing, bed blankets, bed clothes, bed covers,bed cov- ers of paper, bed linen, bedspreads, bolting cloth, chenille fabric, cloth, cotton fabrics, furniture coverings of textile, coverlets, covers for cushions, Unfitted fab- ric furniture covers, curtains of textile or plastic, damask, door curtains, Cashmere fabric, Chenille fabric, Cheviot fabric, Chiffon fabric, Cotton base mixed fabrics, Cotton fabric,Curtain fabric, Denim fabric, Elastic fabrics for cloth- ing, Fabrics for textileuse, Felt and non-woven textile fabrics, Flax fabrics, Fur- nishing and upholstery fabrics, Gauze fabric, Hand spun silk fabrics, Hemp base mixed fabrics, Interior decoration fabrics, Jeans fabric, Jersey fabrics for cloth- ing, Jute fabrics, Knitted fabrics, Linen fabric, Mesh-woven fabrics, Mixed fiber fabrics, Non-woven fabrics and felts, Non-woven textile fabrics, Nylon fabric, Piled fabrics, Polyester fabric, Ramie fabrics, Rayon fabric, Semi-synthetic fiber fabrics, Silk base mixed fabrics, Silk fabrics, Silk-cotton mixed fabrics, Silk-wool mixed fabrics, Spandex fabric for use in the manufacture of clothing, Spun silk fabrics, Synthetic fiber fabrics, Taffeta fabric, Upholstery fabrics, Wool base mixed fabrics, Wool yarn fabrics, Woolen fabric, Wool-cotton mixed fabrics, Worsted fabrics, Woven fabrics, fabrics for textile use, face towels of textile, fibreglass fabrics for textile use, flannel, frieze, handkerchiefs of textile, house- hold linen, knitted fabric, linen cloth, linings,napkins of cloth for removing make- up, mattress covers, table napkins of textile, non-woven textile fabrics, pillow shams, pillowcases, place mats not of paper, quilts, travelling rugs, Bath sheets, Towel sheets, Bed sheets, fitted bed sheet covers, bed flat sheets, Contour sheets, Sheet sets, shower curtains of textile or plastic, silk, silk fabrics for print- ing patterns, table linen not of paper, table napkins of textile, tableclothsnot of paper, tablemats not of paper, tissues of textile for removing make-up, towels of textile, velvet, woollen cloth, woolen fabric; Retail store services, on-line retail store services, and mail order services featuring clothing, namely, shirts, t-shirts, blouses, pants, jeans, skirts, shorts, dresses, jackets, coats, blazers, socks and stockings, belts, rain coats, rain boots, scarves, gloves, headgear, namely, hats and caps, footwear, bathrobes, waterproof clothing, lace and embroidery, rib- bons and braid, buttons, hooks and eyes, pins and needles,artificial flowers, needle cushions, pin cushions, carpets, rugs, mats and matting, and linoleum for covering existing floors, non-textile wall hangings, artificial turf, automobile car- pets, bath mats, floor coverings, mats of woven rope for ski slopes, bath mats with non-slip backing, and floor mats with non-slip backing

Attachments 76559085#TMSN.png( bytes ) 77940328#TMSN.png( bytes ) Petition to Cancel HYDROCOTTON.pdf(516915 bytes ) 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 /Tamara F. Carmichael/ Name Tamara F. Carmichael Date 04/24/2015 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of U.S. Trademark Registration Nos. 3,861,437 and 4,564,914 For the Mark: HYDROCOTTON

WELSPUN GLOBAL BRANDS LIMITED ) and WELSPUN INDIA LIMITED, ) ) Petitioners, ) ) v. ) Cancellation No.: ______) EKE TEKSTIL KONFEKSIYON TURIZM ) SANAYI VE TICARET A.S., ) ) Respondent. )

PETITION TO CANCEL

Welspun Global Brands Limited and Welspun India Limited (collectively, “Welspun” or

“Petitioners”), believe they are and will continue to be damaged by the maintenance of

Registration Nos. 3,861,437 and 4,564,914, on the Principal Register, and hereby petition to

cancel the same under 15 U.S.C. §1064. As grounds for cancellation, Petitioners assert:

1. Petitioners, Welspun Global Brands Limited and Welspun India Limited, are each

corporations organized and existing under the laws of India, having principal places of business

at Welspun House, 7th Floor, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel,

Mumbai 400 013, India (“Welspun”).

2. Upon information and belief, Respondent Eke Tekstil Konfeksiyon Turizm

Sanayi Ve Ticaret A.S. (“Eke” or “Respondent”) is a corporation organized under the laws of

Turkey, having a place of business at Organize Sanavi Bolgesi Servergazi Caddesi No. 12,

Denizli, Turkey 20065. Petitioners’ Rights in Their Family of HYGRO Marks

3. Welspun is one of the largest textile companies in the world, and is a major global

manufacturer and supplier of home , including but not limited to bed and bath . As

detailed below, Welspun offers or intends to offer a variety of goods and services in connection

with its family of HYGRO marks, which include HYGRO, HYGROCOTTON and the recently-

filed HYGRO COTTON HOLLOW CORE COMFORT IS HERE & Design (collectively, the

“HYGRO Marks”).

4. Welspun has registered and/or applied to register its HYGRO Marks in the United

States Patent and Trademark Office (“USPTO”), including but not limited to, the following

federal registrations and application:

Mark Reg. or Reg. Basis/ Goods/Services App. No. / Date of Reg. or first use Filing date

HYGROCOTTON 2,983,694 Filing basis Cl 24: Bed sheets and towels made in significant part of cotton Filed §1(b) 11/13/2003 First use Registered 5/3/2005 8/9/2005

HYGRO 4,184,680 Filing basis Cl 22: Ropes, string, fabric and polyester mesh net used for storing toys and other household items, tents, awnings, tarpaulins, sails, sacks or bags Filed § 44(E) for the transportation or storage of materials in bulk, Cloth bags for 2/19/10 laundry but not luggage or travel, Cloth bags for storage but not luggage or travel; padding and stuffing materials not of rubber, paper or plastic; Registered raw fibrous textile materials 8/7/2012 Cl 23: Yarns and threads, for textile use; cotton thread and yarn; linen thread and yarn; spun cotton; thread; spun wool; woollen thread and yarn Cl 24: textile fabrics for use in making clothing and household furnishings; bed and table covers made of fabric; bath linen, except clothing; bed blankets; bed sheets; bed covers; bed covers of paper; bed linen; bedspreads; bolting cloth; chenille fabric; cheese cloth, cotton cloth, crepe cloth, dish cloths, face cloths, felt cloth, flax cloth, hemp cloth, jute cloth, sail cloth, silk cloth, table cloth of textile, wash cloths, cotton fabrics; unfitted furniture coverings of textile; coverlets; covers for cushions; unfitted fabric furniture covers; curtains of textile or plastic; damask; door curtains; cashmere fabric; chenille fabric; cheviot fabric;

2 Mark Reg. or Reg. Basis/ Goods/Services App. No. / Date of Reg. or first use Filing date chiffon fabric; cotton base mixed fabrics; curtain fabric; denim fabric; elastic fabrics for clothing; fabrics for textile use; felt and non-woven textile fabrics; flax fabrics; furnishing and upholstery fabrics; gauze fabric; hand spun silk fabrics; hemp base mixed fabrics; interior decoration fabrics; jeans fabric; jersey fabrics for clothing; jute fabrics; knitted fabrics; linen fabric; mesh-woven fabrics; mixed fiber fabrics; non-woven fabrics and felts; non-woven textile fabrics; nylon fabric; piled fabrics; polyester fabric; ramie fabrics; rayon fabric; semi-synthetic fiber fabrics; silk base mixed fabrics; silk fabrics; silk-cotton mixed fabrics; silk-wool mixed fabrics; spandex fabric for use in the manufacture of clothing; spun silk fabrics; synthetic fiber fabrics; taffeta fabric; upholstery fabrics; wool base mixed fabrics; wool yarn fabrics; wool-cotton mixed fabrics; worsted fabrics; woven fabrics; fabrics for textile use; face towels of textile; fibreglass fabrics for textile use; flannel; frieze; handkerchiefs of textile; household linen; knitted fabric; linen cloth. textile used as lining for clothing; napkins, of cloth, for removing make-up; mattress covers; table napkins of textile; non-woven textile fabrics; pillow shams; pillowcases; place mats, not of paper; quilts; travelling rugs; bath sheets; towel sheet, fitted bed sheet covers, bed flat sheets, contour sheets, sheet sets; shower curtains of textile or plastic; silk fabrics for printing patterns; table linen, not of paper; table napkins of textile; tablecloths, not of paper; tablemats, not of paper; tissues of textile for removing make-up; towels of textile; velvet; woolen cloth and woolen fabric Cl 25: Clothing, namely, shirts, t-shirts, blouses, pants, jeans, skirts, shorts, dresses, jackets, coats, blazers, socks and stockings, belts, rain coats, rain boots, scarves, gloves; footwear; headgear, namely, hats and caps; bathrobes Cl 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, marking pins, safety pins, sewing pins, canvas needles, embroidery needles, knitting needles, lacing needles, sewing machine needles and sewing needles; artificial flowers; needle cushions and pin cushions Cl 27: Carpets, rugs, mats and matting and linoleum for covering existing floors; non-textile wall hangings; artificial turf; automobile carpets; bath mats; floor coverings; mats of woven rope for ski slopes; bath mats with non-slip backing; floor mats with non-slip backing Cl 35: Retail store services, on-line retail store services, and mail order services featuring ropes, string, fabric and polyester mesh net used for storing toys and other household items, tents, awnings, tarpaulins, sails, sacks and bags not included in other classes, padding and stuffing materials except of rubber or plastics, raw fibrous textile materials, yarns and threads for textile use, cotton thread and yarn, linen thread and yarn, spun cotton, thread, spun wool, woollen thread and yarn, textile and textile goods not included in other classes, bed and table covers, bath linen except clothing, bed blankets, bed clothes, bed covers, bed covers of paper, bed linen, bedspreads, bolting cloth, chenille fabric, cloth, cotton fabrics, furniture coverings of textile, coverlets, covers for cushions, Unfitted fabric furniture covers, curtains of textile or plastic, damask, door curtains, Cashmere fabric, Chenille fabric, Cheviot fabric, Chiffon fabric, Cotton

3 Mark Reg. or Reg. Basis/ Goods/Services App. No. / Date of Reg. or first use Filing date base mixed fabrics, Cotton fabric, Curtain fabric, Denim fabric, Elastic fabrics for clothing, Fabrics for textile use, Felt and non-woven textile fabrics, Flax fabrics, Furnishing and upholstery fabrics, Gauze fabric, Hand spun silk fabrics, Hemp base mixed fabrics, Interior decoration fabrics, Jeans fabric, Jersey fabrics for clothing, Jute fabrics, Knitted fabrics, Linen fabric, Mesh-woven fabrics, Mixed fiber fabrics, Non- woven fabrics and felts, Non-woven textile fabrics, Nylon fabric, Piled fabrics, Polyester fabric, Ramie fabrics, Rayon fabric, Semi-synthetic fiber fabrics, Silk base mixed fabrics, Silk fabrics, Silk-cotton mixed fabrics, Silk-wool mixed fabrics, Spandex fabric for use in the manufacture of clothing, Spun silk fabrics, Synthetic fiber fabrics. Taffeta fabric, Upholstery fabrics, Wool base mixed fabrics, Wool yarn fabrics, Woolen fabric, Wool-cotton mixed fabrics, Worsted fabrics, Woven fabrics, fabrics for textile use, face towels of textile, fibreglass fabrics for textile use, flannel, frieze, handkerchiefs of textile, household linen, knitted fabric, linen cloth, linings, napkins of cloth for removing make-up, mattress covers, table napkins of textile, non-woven textile fabrics, pillow shams, pillowcases, place mats not of paper, quilts, travelling rugs, Bath sheets, Towel sheets, Bed sheets, fitted bed sheet covers, bed flat sheets, Contour sheets, Sheet sets, shower curtains of textile or plastic, silk, silk fabrics for printing patterns, table linen not of paper, table napkins of textile, tablecloths not of paper, tablemats not of paper, tissues of textile for removing make-up, towels of textile, velvet, woollen cloth, woolen fabric; Retail store services, on-line retail store services, and mail order services featuring clothing, namely, shirts, t-shirts, blouses, pants, jeans, skirts, shorts, dresses, jackets, coats, blazers, socks and stockings, belts, rain coats, rain boots, scarves, gloves, headgear, namely, hats and caps, footwear, bathrobes, waterproof clothing, lace and embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles, artificial flowers, needle cushions, pin cushions, carpets, rugs, mats and matting, and linoleum for covering existing floors, non-textile wall hangings, artificial turf, automobile carpets, bath mats, floor coverings, mats of woven rope for ski slopes, bath mats with non-slip backing, and floor mats with non- slip backing

HYGRO COTTON 86/584,592 Filing basis Cl 24: Sheets, , duvets, quilts, mattress pads, comforters, towels, HOLLOW CORE beach towels, bath rugs, bath robes, accent rugs, area rugs, decorative Filed § 1(b) COMFORT IS pillows, throws, blankets, and apparel HERE & Design 4/1/2015

5. Welspun’s registrations are valid, subsisting and owned by Welspun. Registration

No. 2,983,694 for HYGROCOTTON is incontestable in accordance with 15 U.S.C. §§ 1065 and

1115.

4 6. For at least ten (10) years, and since long prior to the filing of the applications

from which Registration Nos. 3,861,437 and 4,564,914 issued, or the date of first use in

commerce of HYDROCOTTON claimed by Respondent or its predecessor-in-interest in

connection with the subject Registrations, Welspun has continuously used HYGROCOTTON in

commerce in connection with, inter alia, bed sheets, comforters, towels, bath rugs and related goods.

7. Welspun has extensive sales and has sold significant dollar amounts worth of goods in connection with its HYGRO Marks and has spent significant sums marketing and promoting its HYGRO Marks throughout the United States.

8. By virtue of the popularity of Welspun’s goods and services offered in connection with the HYGRO Marks, and its advertising and promotion of the HYGRO Marks, Welspun has built up and now owns extremely valuable goodwill which is symbolized by its HYGRO Marks.

9. In addition, Welspun has senior use rights in and to its HYGRO Marks, and prior trademark applications and registration for its HYGRO Marks, throughout the world, including but not limited to the following foreign registrations and pending applications:

Country Mark Reg/App No. Int’l Class(es)

Australia HYGRO Reg No. 1317835 22, 23, 24, 25, 26, 27, 35

Australia HYGROCOTTON Reg No. 1317834 22, 23, 24, 25, 26, 27, 35

Canada HYGROCOTTON App No. 1604522 China HYGRO Reg No. 7715856 China HYGRO Reg No. 7715857 China HYGRO Reg No. 7715858 25 China HYGRO Reg No. 7715859 China HYGRO Reg No. 7715861 China HYGRO App No. 7715855 China HYGRO App No. 7715860 China HYGROCOTTON Reg No. 7715852 China HYGROCOTTON Reg No. 7715854 China HYGROCOTTON Reg No. 7715915

5 Country Mark Reg/App No. Int’l Class(es)

China HYGROCOTTON Reg No. 7715916 China HYGROCOTTON Reg No. 7715917 China HYGROCOTTON Reg No. 7715918 China HYGROCOTTON App No. 7715853 Colombia HYGRO Reg No. 412356 35 Colombia HYGRO Reg No. 412353 25 Colombia HYGRO Reg No. 412352 22 Colombia HYGRO Reg No. 412354 26 Colombia HYGRO Reg No. 412364 24 Colombia HYGRO Reg No. 413812 23 Colombia HYGRO Reg No. 412355 27 Colombia HYGROCOTTON Reg No. 412362 35 Colombia HYGROCOTTON Reg No. 412358 25 Colombia HYGROCOTTON Reg No. 412361 22 Colombia HYGROCOTTON Reg No. 412360 27 Colombia HYGROCOTTON Reg No. 412359 26 Colombia HYGROCOTTON Reg No. 412357 23 Colombia HYGROCOTTON Reg No. 412363 24 Community HYGRO Reg No. 8482317 22, 23, 24, 25, 26, 27, 35 Trademarks Community HYGROCOTTON Reg No. 8482341 22, 23, 24, 25, 26, 27, 35 Trademarks Egypt HYGRO App No. 239417 23 Egypt HYGRO App No. 239418 25 Egypt HYGRO App No. 239419 25 Egypt HYGRO App No. 239420 26 Egypt HYGRO App No. 239421 27 Egypt HYGRO App No. 239422 35 Egypt HYGRO Reg No. 239416 22 Egypt HYGROCOTTON App No. 239425 24 Egypt HYGROCOTTON App No. 239426 25 Egypt HYGROCOTTON App No. 239428 27 Egypt HYGROCOTTON App No. 239429 35 Egypt HYGROCOTTON Reg No. 239423 22 Egypt HYGROCOTTON Reg No. 239424 23 Egypt HYGROCOTTON Reg No. 239427 26 India HYGRO App No. 1857736 35 India HYGRO Reg No. 1857730 25 India HYGRO Reg No. 1857725 22 India HYGRO Reg No. 1857732 26 India Reg No. 1857734 27 India HYGRO Reg No. 1857726 23 India HYGRO Reg No. 1857728 24 India HYGROCOTTON App No. 1857729 24 India HYGROCOTTON App No. 1857737 35 India HYGROCOTTON Reg No. 1857724 22 India HYGROCOTTON Reg No. 1857727 23

6 Country Mark Reg/App No. Int’l Class(es)

India HYGROCOTTON Reg No. 1857731 25 India HYGROCOTTON Reg No. 1857733 26 India HYGROCOTTON Reg No. 1857735 27 India SPACES HOME & App No. 1970989 24 BEYOND HYGRO (stylized) Mexico HYGRO Reg No. 1186744 Mexico HYGRO Reg No. 1216376 25 Mexico HYGRO Reg No. 1177782 Mexico HYGRO Reg No. 1215477 Mexico HYGRO Reg No. 1161994 Mexico HYGRO Reg No. 1174410 Mexico HYGRO Reg No. 1215482 Mexico HYGROCOTTON Reg No. 1164255 Mexico HYGROCOTTON Reg No. 1174409 Mexico HYGROCOTTON Reg No. 1232072 Mexico HYGROCOTTON Reg No. 1235772 25 Turkey HYGRO Reg No. 2009/64596 Turkey HYGROCOTTON Reg No. 2009/64598 United Kingdom HYGROCOTTON Reg No. 2455798 24, 25, 27

Respondent’s Registrations for HYDROCOTTON

10. On or about September 3, 2008, Respondent’s predecessor, Hilasal de Mèxico

S.A.B. de C.V., filed an intent-to-use application, Serial No. 77/561,486, with the USPTO

seeking registration of the mark HYDROCOTTON for use with “Goods made in whole part of

cotton, namely, towels, curtains of textile” in International Class 24. On or about March 25,

2010, Respondent’s predecessor filed a Statement of Use alleging a date of first use in commerce

of March 22, 2010.

11. On or about October 12, 2010, the USPTO granted registration of application

Serial No. 77/561,486, and Registration No. 3,861,437 was issued for HYDROCOTTON. That

registration was purportedly assigned to Respondent by Trademark Assignment dated March 31,

2011. A copy of the assignment as recorded at Reel 4535, Frame 0223 at the USPTO, together with the Change of Name of Respondent as recorded at Reel 4673, Frame 0959 at the USPTO, which is annexed as Exhibit A.

7 12. On or about October 3, 2012, Respondent filed an intent-to-use application,

Serial No. 85/744,725, with the USPTO seeking registration of the mark HYDROCOTTON for

“Yarn, made in whole or in substantial part of cotton” in International Class 23; “Towels, beach towels, beach towel wraps, baby blankets, baby hooded towels, sheet sets, duvet covers, bed blankets, bed coverings, namely, bed sheets, all made in whole or in substantial part of cotton” in

International Class 24; “Bathrobes, slippers, bath wraps, shower wraps, beach wraps, baby bath robes and bath wraps, all made in whole or in substantial part of cotton” in International Class

25; and “Bath rugs, tub mats, bath mats, all made in whole or in substantial part of cotton” in

International Class 27. On or around April 18, 2014, Respondent filed a Statement of Use alleging a date of first use in commerce of April 18, 2014.

13. On or around July 8, 2014, the USPTO granted registration of application Serial

No. 85/744,725, and Registration No. 4,564,914 was issued for HYDROCOTTON.

14. Upon information and belief, neither Respondent nor any predecessor or related company of Respondent made use of HYDROCOTTON prior to September 3, 2008, the date that Respondent’s predecessor filed application Serial No. 77/561,486.

15. Use by Respondent of HYDROCOTTON is without Welspun’s consent or permission.

16. Respondent is in no way sponsored by, authorized or licensed by, or in any other way legitimately connected with, Welspun.

COUNT I - LIKELIHOOD OF CONFUSION (15 U.S.C. § 1052(D))

17. Petitioners repeat and reallege the allegations of Paragraphs 1 through 16.

18. The registration of HYDROCOTTON is and will continue to be damaging to

Welspun.

8 19. Respondent’s use and continued registration of HYDROCOTTON for the goods

identified in Registration Nos. 3,861,437 and 4,564,914 is likely to cause confusion, mistake or

deception as to the source of origin, sponsorship or approval of Respondent’s products in that

purchasers are likely to believe that Respondent’s products are Welspun’s products, or are in

some way legitimately connected with, licensed or approved by Welspun.

COUNT II – UNFAIR COMPETITION

20. Petitioners repeat and reallege the allegations of Paragraphs 1 through 19.

21. Respondent’s HYDROCOTTON mark is a close approximation of Petitioners’

HYGRO Marks, including HYGROCOTTON, and Respondent’s goods offered under the

HYDROCOTTON mark are identical or related to Petitioners’ goods offered under their

HYGRO Marks.

22. Respondent’s alleged use of HYDROCOTTON falsely suggests a connection

with Petitioners in violation of Section 2(a) of the Trademark Act.

WHEREFORE, registration by Respondent of the aforesaid trademark for the aforesaid goods is damaging to Petitioners, and Petitioners pray for cancellation of Registration Nos.

3,861,437 and 4,564,914.

Please debit our Deposit Account No. 502547 for the filing fee and for any additional necessary fees.

9 Please address all correspondence to Tamara Carmichael, Esq., Loeb & Loeb LLP, 345

Park Avenue, New York, New York, 10154.

Date: New York, New York LOEB & LOEB LLP April 24, 2015 By: /s/ Tamara Carmichael Tamara Carmichael 345 Park Avenue New York, New York 10154 Telephone: (212) 407-4000 Facsimile: (212) 407-4990

Attorneys for Petitioners Welspun Global Brands Limited & Welspun India Limited

10 CERTIFICATE OF SERVICE

I, Angela Provencio, hereby certify that a copy of the PETITION TO CANCEL has been

served upon Respondent:

Eke Tekstil Konfeksiyon Turizm Sanayi Ve Ticaret A.S. No. 12, Organize Sanavi Bolgesi Servergazi Caddesi Denizli, Turkey 20065 via Air mail, prepaid on April 24, 2015; and

L. Jeremy Craft and Andrew W. Chu CRAFT CHU PLLC 1445 North Loop West, Suite 410 Houston, Texas 77008 via First Class mail, prepaid on April 24, 2015.

/s/ Angela Provencio

NY1341533.1

11 EXHIBIT A