Estta1128986 04/22/2021 in the United States

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Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov ESTTA Tracking number: ESTTA1128986 Filing date: 04/22/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91231624 Party Plaintiff Rolex Watch U.S.A., Inc. Correspondence BETH M. FRENCHMAN Address GIBNEY ANTHONY & FLAHERTY LLP 665 FIFTH AVENUE NEW YORK, NY 10022 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], as- [email protected], [email protected], [email protected], bw- [email protected], [email protected] 212-906-3334

Submission Plaintiff's Notice of Reliance Filer's Name Adam Sgro Filer's email [email protected], [email protected] Signature /Adam Sgro/ Date 04/22/2021 Attachments 01852500.PDF(266649 bytes ) 01852514.PDF(3221248 bytes ) 01852517.PDF(4190443 bytes ) 01852518.PDF(3980436 bytes ) 01852511.PDF(950670 bytes ) 01843613.PDF(117827 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

ROLEX WATCH U.S.A., INC., Opposition No.: 91231624 Serial No.: 79172020 Opposer vs. PWT A/S Applicant.

OPPOSER’S EIGHTH NOTICE OF RELIANCE Internet Evidence Pursuant to 37 C.F.R. § 2.122, and Rule 704 of the TBMP, Opposer, Rolex Watch

U.S.A., Inc. (“Rolex”) submits this Eighth Notice of Reliance. Specifically, Rolex seeks to rely upon the following internet evidence attached as Exhibit A, which was available to the public and recorded by Rolex on April 6, 2021 at the various URLs identified on each document. Rolex is submitting this evidence in rebuttal to Applicant’s Trial Testimony Declaration of Ole Koch

Hansen wherein he describes Applicant’s brand as a “street tailoring” style of fashion; yet this evidence shows the appeal of streetwear and street tailoring fashion on consumers of luxury fashion brands.

Rolex also seeks to rely upon the following internet evidence attached as Exhibit B, which was available to the public and recorded by Rolex on March 24, 2021 and April 6, 2021 at the various URLs identified on each document. Rolex is submitting this evidence further supporting evidence offered in Exhibit A and to show that streetwear clothing, fashion items and

accessories, including watches, are related goods and are sold in the same stores, websites, and channels of trade, contrary to the testimony of Applicant.

Rolex also seeks to rely upon the following internet evidence attached as Exhibit C, which was available to the public and recorded by Rolex on March 18, 2021 at the various URLs identified on each document. Rolex is submitting this evidence to show that contrary to the evidence and testimony submitted by Applicant in its Notice of Reliance 3, watches, clothing and accessories are offered for sale in the same sections of retailers’ websites, and so these products are related.

Rolex also seeks to rely upon the following internet evidence attached as Exhibit D, which was available to the public and recorded by Rolex on April 15, 2021 at the URL identified on each document. Rolex is submitting this evidence to rebut Applicant’s Notice of Reliance 2 and shows that the public at large identifies Rolex’s Crown Design with Rolex.

The internet printouts in Exhibit A consist of the following:

1) Screenshots taken on April 6, 2021 of article discussing streetwear fashion at https://strategyand.hypebeast.com/streetwear-report-history-definition;

2) Screenshots taken on April 6, 2021 of article discussing streetwear fashion at https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion; and

3) Screenshots taken on April 6, 2021 of article discussing streetwear fashion at https://www.rebelsmarket.com/blog/posts/the-origins-of-streetwear-what-is-it-and-how-do-i- wear-it.

The internet printouts in Exhibit B consist of the following:

4) Screenshots taken on March 24, 2021 of products for offered sale at www.Farfetch.com;

5) Screenshots taken on April 6, 2021 of products for offered sale at www.zumiez.com;

6) Screenshots taken on April 6, 2021 of products for offered sale at www.culturekings.com;

7) Screenshots taken on April 6, 2021 of products for offered sale at www.explicitstreetwear.com;

8) Screenshots taken on April 6, 2021 of products for offered sale at www.stockx.com;

9) Screenshots taken on April 6, 2021 of products for offered sale at www.kingice.com; and

10) Screenshots taken on April 6, 2021 of products for offered sale at www.en.smallable.com.

The internet printouts in Exhibit C consist of the following:

11) Screenshots taken on March 18, 2021 of the “Jewelry and Accessories” section of the website www.bloomingdales.com, and the types of goods offered for sale in that section;

12) Screenshots taken on March 18, 2021 of the “Fashion” section of the website www.ebay.com, and the types of goods offered for sale in that section; and

13) Screenshots taken on March 18, 2021 of the “Men’s” portion of the website www.macys.com, and the types of goods offered for sale in that section.

The internet printouts in Exhibit D consist of the following:

14) Screenshots taken on April 15, 2021 of the New York Times Daily Mini Crossword at www.nytimes.com/crosswords/game/mini.

Dated: April 22, 2021 Respectfully Submitted,

ROLEX WATCH U.S.A., INC.

By: __/s/Beth Frenchman/______Beth Frenchman ([email protected]) Adam Sgro ([email protected]) Gibney, Anthony & Flaherty, LLP 665 Fifth Avenue New York, NY 10022 T: (212) 688-5151 F: (212) 688-8315

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Eighth Notice of Reliance has been served on this 22nd day of April 2021, by electronic mail to:

[email protected], [email protected], [email protected]

___/s/ Veronika Sostak Veronika Sostak

EXHIBIT A 4/6/2021 Streetwear History & Definition

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CONTENTS

STREETWEAR IMPACT REPORT - 001 INT

SUM DEFINING STREETWEAR

001 This article is part of the Streetwear Impact Report . The report includes data collected

HF through two main research methods: our consumer survey and industry survey. Full description of methodology can be found in the Introduction. 002

https://strategyand.hypebeast.com/streetwear-report-history-definition 1/6 4/6/2021 Streetwear History & Definition DA The report is split into four articles. 001 Defining Streetwear details streetwear’s origin and key cultural components. 002 Measuring Streetwear reports consumer spending habits 003 and preferences. 003 How Streetwear Talks traces the communication loop between consumer and brand. 004 How Streetwear Sells dissects streetwear’s tight-knit direct-to- AA consumer relationship and retail model. Visit the Executive Summary for a full overview. 004 Streetwear’s dictionary definition is simple enough: fashionable, casual clothes. JL But that definition underplays what has become a multi billion-dollar retail phenomenon, with roots in countercultures of the 1980s and 1990s, including graffiti, hip-hop, skate and surf.

In essence, streetwear involves the production, promotion, sale and resale of casual fashion, principally of footwear, such as sneakers, but also T-shirts and other items – in ways that bypass traditional retail channels, often subverting the way the fashion industry has long defined and dictated how “cool” is made profitable. The audience, and therefore the target market, is very young: mostly under 25.

The communities that originally led streetwear were largely male dominated, and as such the style was originally adopted and driven by men, depicting traditionally masculine looks. In the beginning, streetwear was simple and an antidote to the elaborate, complicated styles that were in fashion at the time. The formula was straightforward: people wore T-shirts and hoodies because that’s what they liked. This uniform was tied to both comfort and self-expression.

Pioneers of the movement include James Jebbia, founder of skate brand Supreme, and Shawn Stussy, founder of surf brand Stüssy. Designer Dapper Dan played a pivotal role in elevating streetwear to luxury as early as the 1980’s out of Harlem, New York, creating styles for hip-hop artists who were shunned by traditional luxury brands at the time.

While the movement has roots in California and New York, other early adopters like Hiroshi Fujiwara and Nigo, both influential DJs and designers, were largely responsible for pioneering the street style and hip-hop scene in Japan in the 1980s. Like other major cultural movements, streetwear quickly rose simultaneously in major cities and regions throughout the globe.

https://strategyand.hypebeast.com/streetwear-report-history-definition 2/6 4/6/2021 Streetwear History & Definition And, like any major cultural movement, streetwear has not risen in a vacuum. Streetwear should not be viewed as a trend within fashion, but as the fashion leg of a larger shift that has given power to popular culture spanning fashion, art and music, and which is largely driven by black culture.

The mindset that drives this popular culture shift appeared as early as 1960s, when Andy Warhol questioned what constituted contemporary art. In the 1970s, artists such as Jean-Michel Basquiat and Keith Haring extended this conversation to street art, challenging traditional notions of who could access art and who it was for.

Hip-hop and rap similarly promoted a raw form of music motivated by rule breaking and finding art and sound in unconventional ways. Streetwear is analogous to an artist’s street art or a hip-hop artist’s lyrics: picking a spot and dropping a signature.

This level of authenticity is unmatched elsewhere in the fashion industry, which has typically operated through a top-down effect. Insiders act as the gatekeepers to the newest styles and trends. Streetwear has subverted this formula with a more democratic model.

With streetwear, the tastemakers are not only taking direction from style that comes from the streets, they are taking direction directly from the audience. It’s the consumer who has the power to determine what’s cool as much as the industry insider. The muscle of traditional fashion institutions – such as print publications and revered editors – has dwindled, while the opinions of general audiences have gained weight.

Streetwear derives its staying power from merging the original codes of luxury fashion with something new. Our consumer survey findings revealed that most (70%) consumer respondents like streetwear because it’s cool, while more than half (57%) consider comfortable clothes to be a key factor. Additionally, close to half (46%) place importance on exclusivity, while around a quarter value status symbol (27%) and community (24%).

https://strategyand.hypebeast.com/streetwear-report-history-definition 3/6 4/6/2021 Streetwear History & Definition STREETWEAR'SWHY DO YOU LIKE STREETWEAR? TOP (CONSUMER) QUALITIES

Go to Tableau Public Undo

While a brand’s coolness, exclusivity and status symbol have long been integral to fashion, streetwear introduces new key players: comfortable clothing and community. The exclusivity that drives streetwear, meanwhile, is driven more so by know-how than financial capacity to purchase. For brands, tapping into this in- crowd mindset poses the highest barrier to entry.

Each streetwear brand’s value is derived from a range of sources, including product quality and design, celebrity followers, musicians and artists. But, arguably, no factor is perceived to be as important as authenticity, garnered by relating directly to the customers buying the products.

Most major fashion brands, luxury and mass market alike, are shifting their strategies to incorporate streetwear. Indeed, in our global industry survey of fashion and retail executives, 76% of respondents said they believed streetwear will continue to grow significantly over the next five years. Indeed, in a global survey of fashion and retail industry executives that we recently completed, 76% of respondents said they believed streetwear will continue to grow significantly over the next five years.

https://strategyand.hypebeast.com/streetwear-report-history-definition 4/6 4/6/2021 Streetwear History & Definition TOPWHICH STREETWEAR BRANDS REPRESENT STREETWEAR TO YOU THE MOST?BRANDS (CONSUMER)

Go to Tableau Public Undo

Key moments in the industry have signaled streetwear’s growing dominance. In 2017, a collaboration between Supreme and Louis Vuitton marked a turning point for luxury fashion’s awareness of streetwear. Vuitton appointed Virgil Abloh, a lauded streetwear designer, as creative director of menswear in 2018. Elsewhere, large-scale investment in streetwear has become increasingly common, headlined by Supreme’s sale to The Carlyle Group in 2017 for an estimated US$500 million. Other streetwear brands, such as Japan’s A Bathing Ape (BAPE), received investment as early as 2011. In 2018, footwear retailer Concepts struck a deal with Amazon-owned Zappos and Stadium Goods received backing from LVMH.

What began as a niche culture – literally starting with the printing of logos on T- shirts – is now a primary driver in the fashion industry, adopted by all genders and stretching from luxury to mall brands.

The current state of streetwear can be defined in four key ways:

Original streetwear brands are characterized by an accessible price point, comfortable clothing and authenticity. At their core, these brands are driven by a very direct motivation to put a word on a T-shirt. These brands include founding fathers such as Supreme, BAPE and Stüssy, as well as newer players such as Palace. Products from these brands often resell at a high price point due to scarcity and high demand.

Sportswear brands include leading athletic labels whose offering of athletic wear and sneakers are integral to the streetwear style. Sneakers created by brands such as adidas and Nike are cornerstones of the streetwear uniform.

https://strategyand.hypebeast.com/streetwear-report-history-definition 5/6 4/6/2021 Streetwear History & Definition Adopted streetwear brands have incorporated streetwear trends and styles into their product offering, but their brand origin is not authentically tied to the streetwear movement. This can include luxury and mass-market brands alike.

Luxury streetwear brands reflect the most recent emergence of brands that blur the lines between original streetwear and luxury fashion. These brands are also driven by authenticity but operate at a higher price point and diverge from the standard streetwear uniform. This includes brands such as Off-White™, AMBUSH and Vetements.

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https://strategyand.hypebeast.com/streetwear-report-history-definition 6/6 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST ZEITGEIST 0 Read ShopAbout Contact What is Streetwear? Must-Know Info About Fashion's Biggest Buzzword

Ask any hypebeast and they'll tell you that streetwear is not a trend. It's a lifestyle.

Streetwear is one of the fastest-growing and most powerful areas of the fashion industry. According to Business of Fashion, the global streetwear industry was worth an estimated $309 billion dollars in 2017. In a survey by Hypebeast, 45% of consumers surveyed say they purchase an item of streetwear clothing at least once a month, and 62% said they think streetwear products are always in style. Whether you like it or not, the streetwear fashion movement is here to stay.

That's why we're breaking down the biggest buzzword in fashion— streetwear—to help you understand the complex, multi-billion dollar industry that's taken over the global fashion scene. If you weren't already a hypebeast, you will be by the time you finish reading this.

We're giving you the 411 on streetwear fashion— right here, right now.

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 1/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

What is Streetwear?

The Definition of Streetwear

On its surface, the definition of streetwear is deceptively simple. The fashion industry defines streetwear as fashionable, casual clothing worn by followers of popular culture. The majority of these followers are under 30, live in urban areas, and belong to a subculture group (ex. skateboarders or hip-hop music fans).

The fashion industry has a difficult time pinpointing exactly what qualifies as streetwear style. It has a wide range of influences including skate and surf culture, hip-hop music, sports, haute couture fashion, and K-Pop. Its customer base is similarly diverse, spanning across every income level, socioeconomic status, and corner of the globe.

And no, we aren't just getting lazy. Streetwear is much more than a widespread shift towards casual clothing. Behind the overpriced t-shirts, mile-long lines at sneaker releases, and the designer logos slapped on literally everything imaginable, there's a whole lot more than meets the eye.

Streetwear's Influence on the Traditional Fashion Model

Streetwear flips the traditional fashion model on its head. In the past, designers and trend forecasters dictated what trends made it to the runway, buyers determined what styles made it in-store, and magazine editors told consumers what they should and shouldn't buy during the upcoming season. But now, through streetwear's predominantly direct-to-consumer model, it's the consumers themselves who are driving trends.

Streetwear didn't just disrupt fashion, it democratized it. Today's digital world means that street style from high-status individuals like influencers, celebrities, and musicians have a huge influence on what we find fashionable. Social media allows anyone to become an influencer or start their own clothing label. In streetwear, it's the millions of users liking, sharing, and retweeting that determine what the next trend is instead of the fashion elite.

Many streetwear brands sell exclusively through their own websites instead of through traditional retail channels. They also use single product drops (sneakerhead jargon for a product https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 2/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST release) instead of following a traditional runway calendar. By releasing a limited quantity at a set time, brands can increase hype beforehand, ensure scarcity, and create high resale value after the product sells out. Some product drops require potential customers to enter a lottery just to shop for the product.

Streetwear as a Status Symbol

Luxury streetwear highlights the complex role fashion plays in our consumer culture. The logo on your chest or the sneakers on your feet represents more than the brand behind them. Slap a designer label on an item and it's a sign of status and exclusivity. These expensive labels are symbols of social status that reflect your income level and personal values.

Balenciaga Speed Trainers Zara knock-off

In fashion, there's the haves (those in Balenciaga) and the have-nots (those in the Zara knock- offs). Because not everyone can get their hands on an exclusive pair of sneakers or afford to shell out a few hundred dollars for them, the fast fashion industry quickly hopped on the streetwear bandwagon to offer customers affordable dupes. While the untrained eye may be unable to tell the difference, an avid hypebeast can spot a fake or a hard-to-find designer piece from a mile away. Sneaker culture is very #IYKYK.

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 3/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

Streetwear as a Reflection of Pop Culture

Streetwear acts as a reflection of the current cultural landscape. What's considered street fashion changes as the people who wear it change too. Part of what's led to the industry's success is its inclusivity. Unlike most areas of fashion, streetwear is often size-inclusive, gender-neutral, and made or worn by people of color.

LL Cool J BTS

An example of streetwear's connection to pop culture can be seen through the various styles of music that influence street style. Throughout its history, streetwear has predominantly been influenced by hip-hop. Yep, you can thank the 80's and 90's rap scene for gold chains, tracksuits, bucket hats, and white Nikes. Hip-hop and fashion have a complex relationship spanning for decades.

Recently, streetwear has seen a new influence: K-Pop. Thanks to the worldwide popularity of K- Pop bands like BTS and Blackpink, streetwear is expanding its musical taste.

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 4/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

What Is Considered Streetwear?

Regardless of whether you're sporting an expensive designer tee with a logo slapped on it, or an affordable one from Zeitgeist *wink, wink* your fashion choices communicate something about who you are and what you value. Choose brands that reflect your personal style and fashion values.

Streetwear is extremely personal and depends largely on personal style, location and income level, so there's really no right or wrong way to wear streetwear. Style things in a way that feels authentic to you, not based on the #sponsored posts on your feed. Remember that at its core, streetwear is about mixing comfort and practicality with self-expression. Hoodies & Sweatshirts

Louis Vuitton Versace Balenciaga

T-Shirts

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 5/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

Dior Palm Angels Pyer Moss

Sweatpants

Burberry Vetements Moschino x H&M

Sneakers

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 6/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

Off-White Gucci Prada

The Origins of Streetwear

When did streetwear start as a fashion trend?

Streetwear as we know it now began in the 1980s and 1990s.

In the United States, the modern streetwear movement can be traced back to California's surf and skate culture. In the 80s and 90s, the cool thing to do was deck your board out with cool stickers. Pretty soon boarders weren't just putting logos on their decks, they were wearing them too. Enter MTV and the trend explodes.

Streetwear was also heavily influenced by the early hip-hop fashion scene of the 80s and 90s. Streetwear's most important item, sneakers, came out of both hip-hop and basketball, two predominantly Black subcultures. This laid-back athletic-inspired style was an instant success when rappers like Jay-Z Snoop, and Biggie hit the mainstream and athletes like Michael Jordan began selling sneakers.

“If you’re talking about the origins, then I think what we call street fashion now has naturally flowed on from skateboarding; but the current reality is different. It feels like sneaker culture now; sneakers and hip-hop culture have become the street culture.” — Hiroshi Fujiwara

Who started streetwear?

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 7/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST While it's difficult to pinpoint exactly who started streetwear, there are a few key players recognized as pioneers of the streetwear industry we know today:

• Shawn Stussy, founder of California surf brand Stussy

• James Jebbia, founder of skate brand Supreme

• Dapper Dan, a Harlem-based designer who created luxury streetwear for hip-hop artists and influential people of color

What are the best streetwear brands?

Streetwear brands fall into four categories: original, sportswear, adopted, and luxury. Understanding the difference between the different types of streetwear brands can be the difference between looking like an OG and looking like a cheap wannabe. Below, you'll find a breakdown of who's who in the streetwear game.

(Insert shameless plug about how Zeitgeist is, at least in our humble opinion, one of the best streetwear brands out there… or at least in Seattle)

Original

Original streetwear brands are the OG's of the industry like Supreme, BAPE, Stussy, Palace, and Kith. Because of their history, they rely on exclusivity and brand recognition. While they're typically available at an accessible price point, their products have extremely high resale value. By only releasing a small quantity of an item, they ensure both scarcity and demand stay high. These companies often rerelease classic sneakers with new colorways or collaborative partners.

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 8/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

Kith x Versace Supreme for Them Magazine A Bathing Ape

Sportswear

Sportswear and streetwear are often referred to interchangeably, largely because sportswear brands are the foundation of modern streetwear. These athleticwear brands have ridden the athleisure wave to expand their offering beyond sports-related performance apparel and classic sneakers. They produce a majority of streetwear's highest-value item, sneakers, giving them incredible financial power in the streetwear industry.

S.A.R.A. Project x Nike Shox Hailey Bieber for Ivy Park x Weekday x FILA Adidas

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 9/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST Adopted

Adopted streetwear brands were late to the party. These brands didn't start out making streetwear, but eventually hopped on the trend when it was financially lucrative to do so. Most products by these brands follow trends established by original streetwear brands. This also includes fast-fashion retailers who create dupes for luxury streetwear items.

CDG Play for END. Polo Ralph Lauren Fashion Nova x Megan Thee Stallion

Luxury

Luxury streetwear brands are relatively new to the fashion industry. They blur the lines between OG streetwear brands and old-school luxury fashion houses. While they're all about staying true to their streetwear roots, they offer products at a higher price point and appeal to traditional luxury customers. They function as status symbols and rely predominantly on exclusivity and scarcity.

https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion 10/12 4/6/2021 What is Streetwear? The 411 on Fashion's Biggest Buzzword — ZEITGEIST

Heron Preston Off-White A-Cold-Wall*

Now that you know who's who and what's what with streetwear fashion, it's time to start wearing it yourself!

Might we suggest Zeitgeist for starters?

SHOP Z

The 20 Streetwear Clothing Items Every Hypebeast Owns

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https://www.rebelsmarket.com/blog/posts/the-origins-of-streetwear-what-is-it-and-how-do-i-wear-it 1/19 4/6/2021 The Origins Of Streetwear: What Is It And How Do I Wear It?

Women The Origins Of Streetwear: What Is It And How Do I Wear It?

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The term streetwear is actually quite a common term in the modern fashion world. It refers to a distinctive style of street fashion, which has its roots in Californian and skate culture, but also encompasses elements of hip-hop fashion, modern high fashion and haute couture. But where did streetwear actually originate? With modern fashion branching off into so many different and distinctive subgenres, it can be difficult to distinguish the fads from the mainstays. But it would appear that streetwear, or at least the more broadly termed urban fashion, is actually here to stay.