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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1076633 Filing date: 08/20/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91244445 Party Plaintiff Lacoste Alligator S.A. Correspondence RICHARD Z LEHV Address FROSS ZELNICK LEHRMAN & ZISSU PC 151 W 42ND ST, 17TH FLOOR NEW YORK, NY 10036 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected] 212-813-5900

Submission Testimony For Plaintiff Filer's Name Richard Lehv Filer's email [email protected] Signature /Richard Lehv/ Date 08/20/2020 Attachments Lacoste Ex. 1 .pdf(764230 bytes ) Lacoste Ex. 2 .pdf(77478 bytes ) Lacoste Ex. 3.pdf(3010827 bytes ) Lacoste Ex. 4 PDF.pdf(160348 bytes ) Lacoste Ex. 5 PDF.pdf(945684 bytes ) Lacoste Ex. 6 PDF.pdf(2353573 bytes ) Lacoste Ex. 7 PDF.pdf(302739 bytes ) Lacoste Ex. 8 PDF.pdf(1705007 bytes ) Lacoste Ex. 9 RDFS.pdf(387635 bytes ) Lacoste Ex. 10 PDF.pdf(1742103 bytes ) Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 1

CERTIFICATE OF SERVICE

I hereby certify that on this 20th day of August 2020, a true and correct copy of the OPPOSER’S TRIAL EXHIBITS was served by email on counsel for Applicant at the following email addresses: [email protected], [email protected].

/Richard Lehv/ Richard Lehv

Lacoste, the story of an iconic brand | LACOSTE

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Lacoste, the story of an iconic brand

A love for the game, a passion for innovation and a certain French elegance. Since 1933, the story of Lacoste has mirrored that of its founder, René Lacoste, the French tennis legend who revolutionized the everyday wardrobe.

The birth of the crocodile

In the excitement of the Roaring Twenties, the young and talented tennis player René Lacoste is already making an impression with his elegant game, his sense of fair play and his originality, that ten years later, is to become a signature of the brand.

1923 - The first crocodile, the birth of a symbol

After a Davis Cup match in Boston, an American journalist baptizes René Lacoste “The Alligator” in reference to a bet between the tennis player and his coach over a crocodile suitcase. Artist Robert George brings the crocodile logo to life in 1927.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1927 - The love match: Simone, golf champion

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

Simone Thion de la Chaume, future wife of René Lacoste takes the British Girls Amateur Golf Championship in 1924, then goes on to become French champion an incredible thirteen times.

With the kind permission of SBM © SBM Monte Carlo

1927 - World number one: the French tennis legend

From 1925 to 1929, René Lacoste won a series of Grand Slam victories and dominated international rankings: 5 wins at the French Internationals, 3 wins at Wimbledon and 2 victories at the U.S. Championships.

1928 - Courts and courses: the new playing fields

As a tribute to the four legendary Musketeers, including René Lacoste, the legendary stadium of Roland Garros is built near Paris. Lacoste becomes an official partner in 1971. At Saint-Jean-de-Luz, the Chantaco golf course sees the day through the initiative of Simone's father, René Thion de la Chaume. A symbol of the Lacoste family's elegance, it has hosted the Lacoste Ladies Open de France since 2012.

1933, Lacoste becomes a legend

The polo revolution wins over the world, and not just the sport of the sport. With his first advertising campaign, René Lacoste officially launches the brand, enters the world of fashion and launches a legend.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1951 - Lacoste sees life in color

Every season has its colours! In 1951 René Lacoste unveils monochromatic polos followed by striped polos. In 1958, a Lacoste children’s collection is launched.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1952 - Conquering the New World

René Lacoste's elegant shirt, with shortened sleeves and a buttoned neckline, is released in the United States.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1963 - Patent after patent: the quest for performance

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

A passionate inventor, René Lacoste plays an important role in the development of tennis. Over the years, his innovations have an important impact on the game of tennis.

1967 - Catherine Lacoste: like father, like daughter

René’s daughter, Catherine Lacoste, is the only French amateur player in the world to have won the women’s U.S. Open golf championship. She is an accomplished golfer whose success remains unrivalled.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1968 - The height of elegance

Clay, grass, and even snow! In the 1960s, Lacoste equips the French ski team.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1970s - International campaigns

Present internationally since the 1950s, Lacoste begins to create international advertising campaigns in the 1970s, celebrating the brand’s sporting heritage and elegant style à la française.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

1980s - The extended Lacoste product family

Following the perfume and leather goods launched in the 1960s, the Lacoste product family grows again in 1981 with sunglasses, and in 1985 with tennis shoes.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

2006 - The LACOSTE Foundation

Promoting the values dear to René Lacoste, such as tenacity and perseverance, Foundation LACOSTE helps young people in vulnerable situations by supporting their social integration through tennis and golf practice.

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

2011 - Lacoste L!VE, the new Lacoste

With the launch of its new line, Lacoste Live, the brand reinterprets the emblematic codes of the brand for a young, avant-garde and contemporary audience.

Discover Lacoste LIVE

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

2017 - Novak Djokovic is the New Crocodile

The legendary tennis player Novak Djokovic shares René Lacoste's values of sporting elegance, fair play and tenacity. In 2017 he becomes the New Crocodile.

Discover

2018 - Lacoste looks back...and forward

Looking back over 85 amazing years, Lacoste celebrates by reediting 15 pieces from each decade of its existence. And looking to our future, Lacoste launches Save our Species, replacing the iconic crocodile logo with 10 animals threatened with extinction in a very limited edition.

Lacoste at work: 85 years of innovation

Discover more

The Lacoste style

Sport-inspired elegance

The polo savoir-faire

From design to crafting

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

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ABOUT LACOSTE

The Lacoste Group People Careers The Lacoste Foundation

https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste, the story of an iconic brand | LACOSTE

Military Discount Digital Accessibility Customize your polo Brand Protection FAQ

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https://www.lacoste.com/us/lacoste-brand/lacoste-history.html[4/23/2020 2:28:29 PM] Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 2

{F3494646.1 } Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 3

The Story Behind the Lacoste Crocodile Shirt | Arts & Culture | Sm... https://www.smithsonianmag.com/arts-culture/the-story-behind-the...

The Story Behind the Lacoste Crocodile Shirt

A 1920s French tennis star put the little reptilian logo onto a white polo shirt

By Emily Spivack smithsonianmag.com June 4, 2013

910 292 25

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When French tennis players Henri Cochet and René Lacoste met at the net in this undated

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photo, Lacoste was sporting his signature crocodile on his blazer. © Underwood & Underwood/Corbis

Frenchman René Lacoste was a superstar tennis player. In 1926 and 1927, he was ranked number one in the world, and during his tennis career, he won seven Grand Slam championship tournaments. But he found the attire associated with the sport restrictive. Tennis whites, as they were called, consisted of a white, long-sleeved button-down shirt, long pants and a tie. It was a lot of clothing to wear when racing to the net to make an overhead shot.

Lacoste was seeking a shirt that was more accommodating to movement. In a 1979 article from People magazine, he elaborated:

“One day I noticed my friend the Marquis of Cholmondeley wearing his polo shirt on the court,” remembers René. ” ‘A practical idea,’ I thought to myself.” It was so practical, in fact, that René commissioned an English tailor to whip up a few shirts in both cotton and wool. “Soon everyone was wearing them,” he smiles.

One school of thought attributes the shirt’s invention to meeting the needs of British polo players in India in the 19th century. The style was emulated in the U.S. by John Brooks, grandson of the founder of Brooks Brothers, after he saw polo players wearing the shirts in England in the late 1800s–hence, the reason we still call it a polo shirt today. It was also referred to as a tennis shirt—piqué knit cotton, short- sleeved, unstarched collar, a placket opening with buttons at the neck, and a “tennis tail” to help keep the shirt tucked in. (That tail even made an impression on artist-poet Joe Brainard, who, in his book-length poem I Remember includes the line: “I remember when those short-sleeved knitted shirts with long tails (to wear ‘out’) with little embroidered alligators on the pockets were popular.”) In 1926, Lacoste ﬁrst sported the shirt when he played in the U.S. Open in New York City.

Around that same time, Lacoste was dubbed “The Crocodile” by his fans and the media for reasons that are still speculative today: his athletic boldness, his pointy schnoz, and a bet. As GQ explains:

The American press dubbed him the Alligator in ’27, after he wagered for an alligator-skin suitcase with the captain of the French Davis Cup team. When he returned to France, “alligator” became “crocodile,” and Lacoste was known forever after as the Crocodile.

Not only did he embrace the nickname, but he went all out and had a logo of the reptile embroidered onto his blazer. It became his personal brand before there was such a thing.

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Classic 1980s Izod Lacoste shirt. Image: vintsperation via Flickr.

Once he retired from tennis in the early 1930s, he started the company La Chemise Lacoste with his pal André Gillier, president of the largest French knitwear company at the time, to produce and sell crocodile-emblazoned shirts. The Lacoste tennis shirt made its way to the United States in 1952 and was carefully branded as “the status symbol of the competent sportsman,” an attempt to establish Lacoste in the upper echelons of society.

But, you’re confused, right? Isn’t the crocodile logo associated with Izod? That’s where things get complicated. Lacoste wound up in the United States because it had licensed its brand to Izod (then called Izod of London), which had been seeking out an upscale product.

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Izod Lacoste label. Image: vintsperation via Flickr.

Izod Lacoste, as the brand became known, initially looked like a ﬂop; there weren’t many customers in the early ’50s for a pricey polo shirt (about $8 then) with a small crocodile sewn onto the chest. But Vincent De Paul Draddy, who originally licensed the Lacoste name for Izod, had a brilliant idea. He provided Izod Lacoste swag to some of his famous buddies, including JFK, President Eisenhower and Bing Crosby, and from there, the shirts caught on, and became easy to ﬁnd in department stores. People were happy to wear them, especially if the rich and famous were already fans.

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Izod shirt, 1980. Image: Jake Putnam via Flickr.

In the 1970s and ’80s, sporting an Izod, as the shirts became known, spanned across generations. Teenagers, and particularly those who wanted to assume a preppy look, embraced the style, even popping the collar to assume the full Biff and Muffy look. (See the 1980 book The Ofﬁcial Preppy Handbook by Lisa Birnbach, for more on how the Izod shirt was a key ingredient to achieving that look, or listen to Three 6 Maﬁa’s Poppin’ My Collar from 2006 for a more contemporary interpretation.)

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Izod shirt, 1980s. Image: Lisa Stephens via Flickr.

By the early 1990s, the trend was fading. Lacoste and Izod parted ways in 1993 (Lacoste went further upscale; Izod became more moderately priced and abandoned the crocodile.)

Over the years, the shirt and its iconic logo spawned many imitators and admirers. Designers and brands from diverse price points have taken to embroidering animals onto polo shirts: ponies (Ralph Lauren), marlins (Tommy Bahama), eagles (American Eagle), and even the crocodile itself! The Chinese-based company, Crocodile Garments, was locked in a legal battle with Lacoste over the rights to the crocodile for over a decade until, in 2003, Crocodile Garments conceded to changing its logo. According to CNN, the settlement stated that Crocodile Garments would “have a croc with a tail which rises more or less vertically and it has skin which is much more scaly. It also has bigger eyes.”

Not only was Lacoste, who passed away in 1996, around to see multiple animal-emblazoned polo shirt imitators, but he also was privy to the fashion evolution that took place on the courts–from the whitest of full-coverage tennis whites to the shortest of itty-bitty tennis shorts (thanks, John McEnroe and Jimmy Connors).

About Emily Spivack

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Emily Spivack creates and edits the sites Worn Stories and Sentimental Value. She lives in Brooklyn, NY.

910 292 25

8 of 8 8/18/20, 5:37 PM Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 4

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Lacoste

The Lacoste Brand Story

René Lacoste entered the legend of tennis when he and his teammates "The Musketeers", stole the Davis Cup away from the Americans for the ﬁrst time in 1927. Not forgetting his three French Open victories (1925, 1927 and the Roland-Garros stadium in 1929), his two victories in Great Britain (Wimbledon 1925 and 1928) and two U.S. Open titles at Forest Hills (1926 and 1927).

René Lacoste was born in France on July 2, 1904 and died on October 12, 1996. The true story of the "Crocodile" begins in 1927. René Lacoste liked to recount how his nickname became an emblem recognized throughout the world.

"I was nicknamed 'the Alligator' by the American press, after I made a bet with the Captain of the French Davis Cup Team concerning a suitcase made from crocodile skin. He promised to buy it for me if I won a very important match for our team. The public must have been fond of this nickname which conveyed the tenacity I displayed on the tennis courts, never letting go of my prey! So my friend Robert George drew a 'crocodile', which I then had embroidered on the blazer I wore on the courts."

An attentive spectator at René Lacoste’s Davis Cup matches was the winner of the British Women’s golf title, Mademoiselle Simone Thion de la Chaume, who soon became his wife and constant support.

1 of 3 8/19/20, 4:16 PM Lacoste | 6pm https://www.6pm.com/b/lacoste/brand/1196

In 1933, René Lacoste and André Gillier, the owner and President of the largest French knitwear manufacturing ﬁrm of that time, set up a company to manufacture the logo-embroidered shirt. The champion had designed this for his own use on the tennis court, as well as a number of other shirts for tennis, golf and sailing - as can be seen in the ﬁrst catalogue, produced in 1933.

To the best of our knowledge, this was the ﬁrst time that a brand name appeared on the outside of an article of clothing - an idea which has since become extremely successful.

This shirt revolutionized men’s sportswear and replaced the woven fabric, long- sleeved, starched classic shirts. The ﬁrst Lacoste shirt was white, slightly shorter than its counterparts, had a ribbed collar, short sleeves with ribbed bands and was made of a light knitted fabric called "Jersey petit piqué".

Today, it continues to oﬀer the same quality, comfort and solidity on which it built its name and which constitutes its uniqueness.

As an enduring legacy, the Lacoste brand has widely expanded over the years. Its famous crocodile emblem can now be seen on shoes, eyewear, watches, bedding, bath towels, bags, accessories, kid's shoes, as well as apparel. Read Less

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3 of 3 8/19/20, 4:16 PM Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 5

3 Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 6

{F3396331.1 } {F3396331.1 }

{F3396331.1 } {F3396331.1 } {F3396331.1 }

{F3396331.1 } {F3396331.1 } {F3396331.1 } {F3396331.1 }

{F3396331.1 } Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 7

2 Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 8

Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 9

Lacoste Alligator SA v. Southern Smocked Company, LLC Opposition No. 91244445

Opposer’s Exhibit 10

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