Estta1107690 01/13/2021 in the United States Patent And

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1107690 Filing date: 01/13/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91243941 Party Plaintiff Viacom International Inc. Correspondence SANDRA EDELMAN Address DORSEY & WHITNEY LLP 51 WEST 52ND STREET NEW YORK, NY 10019 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], sun- [email protected], [email protected] 212-415-9200

Submission Testimony For Plaintiff Filer's Name Bruce Ewing Filer's email [email protected], [email protected], [email protected] Signature /Bruce Ewing/ Date 01/13/2021 Attachments REDACTED Declaration of Thomas Kingsley.pdf(175496 bytes ) Kingsley PUBLIC Exhibits 1 through 14.pdf(2140321 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of Application Serial No. 87/766,798 Mark: DOUBLE DARE

VIACOM INTERNATIONAL INC., Opposition No. 91243941 Opposer, v.

ARMSTRONG INTERACTIVE, INC.,

Applicant.

DECLARATION OF THOMAS KINGSLEY

I, Thomas Kingsley, hereby declare and state as follows:

1. I am Director, Nickelodeon Experience at Viacom International Inc. (“Viacom”).

I make this declaration based on personal knowledge of the matters stated herein and the

business records of Viacom, except to the extent the context indicates otherwise.

2. I have been employed by Viacom since March 2013 and have worked on a wide

variety of live shows, tours, and other in-person experiences. Prior to joining Viacom, I was the

Marketing Coordinator for Blue Man Productions, and before that, I was International

Production Assistant for Disney Theatrical Group.

3. Since 1986, Viacom has aired various iterations of DOUBLE DARE shows,

including Double Dare, Super Sloppy Double Dare, Family Double Dare, Double Dare 2000,

and a 2018 reboot of Double Dare (collectively “DOUBLE DARE Programming”). In addition,

Viacom has used the DOUBLE DARE trademark in connection with live events, touring shows,

consumer goods, and has made the DOUBLE DARE Programming available for download. As

part of my job responsibilities, I have become very familiar with Viacom’s use of the DOUBLE DARE trademark in relation to live shows and consumer goods, as well as digital downloads of

DOUBLE DARE Programming.

DOUBLE DARE Live Events

4. In addition to DOUBLE DARE Programming, Viacom hosts various live

performances, events, and activities incorporating the DOUBLE DARE trademark. For

example, Double Dare Live, a touring gameshow that followed the general format of the

DOUBLE DARE Programming, toured the United States from 1992 to 1994.

5. In May 2012, Viacom began hosting a live DOUBLE DARE event, Double Dare

Live, at Nickelodeon Suites Resort in Orlando, Florida (the “Nick Hotel”). Specifically, Studio

Nick at the Nick Hotel featured the Double Dare Live show, in which participants from the crowd were selected to play the game popularized through DOUBLE DARE Programming, featuring rounds of trivia questions and messy physical challenges.

7. In addition to hosting Double Dare Live events at the Nick Hotel, Viacom hosted a number of live DOUBLE DARE events at various venues across the country. Some live

DOUBLE DARE events were private events for advertising sales clients, while others were open to the public. Below are examples of live DOUBLE DARE events.

8. Viacom hosted a series of live activations at sporting events involving ’90s

Nickelodeon properties, including DOUBLE DARE. As an example, attached hereto as Exhibit

2 is a true and correct copy of a flyer for a Double Dare LIVE! show that occurred at a Brooklyn

Cyclones v. Staten Island Yankees game on August 27, 2014 in Coney Island, NY. This flyer was created and kept in the regular course of Viacom’s business by individuals whose responsibilities encompassed the creation and dissemination of such materials. As the schedule of the event shows, in addition to the Double Dare LIVE! show, Viacom aired clips from

DOUBLE DARE Programming during the second, third, sixth and eighth innings. Each player

3 on the Brooklyn Cyclones team wore a custom DOUBLE DARE-themed jersey and Viacom made custom trophies for the winners of the Double Dare LIVE! show. This event was used to promote the late-night programming block on TeenNick (a television network owned and operated by Viacom) called “The ’90s Are All That,” which was on air at the time and featured

Nickelodeon’s iconic 1990s hits, including DOUBLE DARE Programming. This document is

Bates-numbered VIA_00000101-107 and was produced by Viacom in this action.

9. In addition to the Double Dare LIVE! event at the Brooklyn Cyclones game,

Viacom hosted other events using the DOUBLE DARE trademark in 2014. Attached hereto as

Exhibit 3 is a true and correct copy of the 2014 Nickelodeon Event Calendar. The calendar is kept in the regular course of Viacom’s business to track the date of scheduled events, the groups within Viacom who are responsible for each event, the location of each event, and the client for whom each event is being conducted by individuals with responsibilities for such events. As shown in the calendar, in 2014, Viacom hosted live DOUBLE DARE events in New York and

Chicago in the months of July, August and October. This 2014 Events Calendar is Bates- numbered VIA_00006465-6468 and was produced by Viacom in this action.

10. In 2015, Viacom continued to host private and public DOUBLE DARE events.

As an example, attached hereto as Exhibit 4 is a true and correct copy of an executed agreement relating to a DOUBLE DARE event that occurred at The Edison Ball Room in New York City on July 29, 2015 that was created and executed in the regular course of Viacom’s business. This agreement is Bates-numbered VIA_00008001-8016 and was produced by Viacom in this action.

As another example, attached hereto as Exhibit 5 is a true and correct copy of a script for a

Double Dare LIVE! event that occurred at the Chicago House of Blues on October 1, 2015. This document is Bates-numbered VIA_00000121-137, was created and kept in the regular course of

4 Viacom’s business by individuals with responsibility for such events and was produced by

Viacom in this action.

11. Starting in 2016, Viacom used the DOUBLE DARE Mark in connection with recurring live DOUBLE DARE events at the Mall of America in Bloomington, Minnesota. The

Mall of America features Nickelodeon Universe, a theme park featuring several of

Nickelodeon’s most recognized brands, including DOUBLE DARE. From June to August 2016, the Mall of America hosted “DOUBLE DARE Challenge,” a live version of the iconic Double

Dare gameshow, at Nickelodeon Universe. DOUBLE DARE Challenge events have occurred at

Nickelodeon Universe in the Mall of America at least once a year since then. In 2017, the

DOUBLE DARE Challenge ran from June to September. In 2018, to celebrate the ten-year anniversary of the Nickelodeon Universe and the Double Dare reboot, the DOUBLE DARE

Challenge was held from March to April, again from June to August, and then in October

Viacom hosted a special “Double Scare Edition” of the DOUBLE DARE Challenge. In 2019, the Mall of America hosted the DOUBLE DARE Challenge from March to April and June to

August. In 2020, DOUBLE DARE Challenge events were scheduled to occur in March to April,

June to August, and in September and October, but the events were cancelled due to the COVID-

19 pandemic.

12. Also in 2016,

For example,

Attached hereto as Exhibit 6 is a true and correct copy of an email thread between me and a production company,

dating back to March 30, 2016, in which we discussed

This email thread is Bates-numbered VIA_0000645-660, was created and/or sent in the regular course of Viacom’s business and was produced by Viacom in this action. The email thread also shows that in April 2018,

13. On July 22, 2016, Viacom hosted a Double Dare Live event at Fluxx Nightclub in

San Diego California as part of San Diego Comic-Con. The event was a live gameshow that followed the same structure as the DOUBLE DARE Programming, but performed in front of a live audience. The original host of the DOUBLE DARE Programming, Marc Summers, even hosted the event. The event was also streamed on Facebook through Viacom’s account associated with The Splat, a late-night programming block on TeenNick that was airing episodes of DOUBLE DARE Programming at the time.

14. Following the success of the San Diego Comic-Con Double Dare Live event,

Around the same time, Viacom was successfully marketing other live tours based on intellectual property rights that it owned or licensed exclusively and was looking for opportunities to expand its live tour offerings. Attached hereto as Exhibit 7 is a true and correct copy of a presentation from July 25, 2017

I prepared the presentation as part of my regular responsibilities at Viacom; it

6 was kept in the regular course of Viacom’s business

This presentation is Bates-numbered VIA_00000165 and was produced by Viacom in this

action.

15.

Attached hereto as Exhibit 8 is a true and correct copy of the executed agreement

The agreement is Bates-numbered VIA_00001940-1987 and was produced by Viacom

in this action.

Viacom’s Licensing of the DOUBLE DARE Mark for Use on Consumer Products

16. Viacom routinely licenses its DOUBLE DARE trademark for use on a variety of

consumer goods. Under a typical license, Viacom will authorize a licensee to use the DOUBLE

DARE mark on goods defined in a license agreement in exchange for compensation from the

licensee. Typically, the licenses are limited to specific goods, specific channels of distribution,

and are for a limited term. Viacom has licensed the DOUBLE DARE mark to dozens of

licensees over the past thirty plus years.

17. Attached hereto as Exhibit 9 is a true and correct copy of a spreadsheet created and kept in the regular course of Viacom’s business by Viacom employees responsible for licensing matters,

19. Attached hereto as Exhibit 10 is a true and correct copy of a licensing agreement

The agreement is Bates-numbered VIA_00004121-4144 and was produced by Viacom in this action.

20. Attached hereto as Exhibit 11 is a true and correct copy of a licensing agreement

The agreement is Bates-numbered

VIA_00004295-4318 and was produced by Viacom in this action.

DOUBLE DARE Games

21. Viacom has partnered with leaders in the toy industry to market a variety of

DOUBLE DARE games. Starting in 1987, Viacom, in partnership with Mattel and Pressman

9 Toys, marketed a game called “Nickelodeon DOUBLE DARE.” The game followed the same

general structure as DOUBLE DARE Programming, including rounds of trivia questions and

physical challenges. Attached hereto as Exhibit 12 is a true and correct copy of the instruction

manual for the 1987 Nickelodeon DOUBLE DARE game. The instruction manual is Bates-

numbered VIA_00000631-634 and produced by Viacom in this action. A wetter and messier

version of the game was released in 1989 and marketed as “Wet ’N Wild DOUBLE DARE.”

22. In 2001, Mattel and Pressman Toys updated the game and marketed it as

“DOUBLE DARE: The Game.” Attached hereto as Exhibit 13 is a true and correct copy of the

instruction manual for DOUBLE DARE: The Game, which was printed in 2001. This

instruction manual is Bates-numbered VIA_00000627-630 and was produced by Viacom in this

action.

Digital Downloads of DOUBLE DARE Programming

23. In addition to airing episodes of Double Dare on Viacom’s various Nickelodeon networks — for which I understand my colleague Brian Banks is providing information —

Viacom made the DOUBLE DARE Programming available on a variety of platforms for direct download by customers. For example, Viacom made DOUBLE DARE Programming available for purchase through digital distribution partners, such as Google, Amazon, and Apple.

24. Starting at least as early as October 2014, Viacom began offering individual episodes and entire seasons of Family Double Dare and Super Sloppy Double Dare to consumers for digital download through the online stores of its digital distribution partners. Starting in June

2018, Viacom began offering the new episodes of the Double Dare reboot for digital download through its digital distribution partners as well. Collectively, Family Double Dare, Super Sloppy

28.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

DATED this 11th day of January 2021.

Thomas Kingsley Director, Nickelodeon Experience Viacom International Inc.

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