Notice of Opposition Opposer Information Applicant Information

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA697851 Filing date: 09/23/2015 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 Twentieth Century Fox Film Corporation Granted to Date 09/23/2015 of previous extension Address 10201 West Pico Blvd. Los Angeles, CA 90035 UNITED STATES

Attorney informa- David M. Kelly tion Kelly IP, LLP 1919 M Street, N.W. Suite 610 Washington, DC 20036 UNITED STATES [email protected], [email protected], [email protected] Applicant Information

Application No 86325966 Publication date 05/26/2015 Opposition Filing 09/23/2015 Opposition Peri- 09/23/2015 Date od Ends International Re- NONE International Re- NONE gistration No. gistration Date Applicant Allied Domecq Spirits & Wine Limited 72 Chancellors Road London, W69RS UNITED KINGDOM Goods/Services Affected by Opposition

Class 033. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Alcoholic beverages except beers, namely, wines; spirits; liqueurs 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 4566718 Application Date 06/05/2013 No. Registration Date 07/15/2014 Foreign Priority NONE Date Word Mark DUFF Design Mark

Description of NONE Mark Goods/Services Class 032. First use: First Use: 2013/06/01 First Use In Commerce: 2013/06/01 Beers

U.S. Registration 3486187 Application Date 12/03/2004 No. Registration Date 08/12/2008 Foreign Priority NONE Date Word Mark DUFF Design Mark

Description of NONE Mark Goods/Services Class 032. First use: First Use: 2007/08/30 First Use In Commerce: 2007/08/30 Carbonated soft drinks

U.S. Registration 4570986 Application Date 06/05/2013 No. Registration Date 07/22/2014 Foreign Priority NONE Date Word Mark DUFF BEER Design Mark

Description of NONE Mark Goods/Services Class 032. First use: First Use: 2013/06/01 First Use In Commerce: 2013/06/01 Beers

U.S. Registration 4616295 Application Date 10/17/2013 No. Registration Date 10/07/2014 Foreign Priority NONE Date Word Mark DUFF LITE Design Mark

Description of NONE Mark Goods/Services Class 032. First use: First Use: 2013/06/01 First Use In Commerce: 2013/06/01 Beers

U.S. Registration 4616296 Application Date 10/17/2013 No. Registration Date 10/07/2014 Foreign Priority NONE Date Word Mark DUFF DRY Design Mark Description of NONE Mark Goods/Services Class 032. First use: First Use: 2013/06/01 First Use In Commerce: 2013/06/01 Beers

U.S. Application 86094728 Application Date 10/17/2013 No. Registration Date NONE Foreign Priority NONE Date Word Mark CAN'T GET ENOUGH OF THAT WONDERFUL DUFF Design Mark

Description of NONE Mark Goods/Services Class 032. First use: First Use: 2013/06/01 First Use In Commerce: 2013/06/01 Beers

Attachments 85979743#TMSN.png( bytes ) 78527050#TMSN.png( bytes ) 85979742#TMSN.png( bytes ) 86094726#TMSN.png( bytes ) 86094727#TMSN.png( bytes ) 86094728#TMSN.png( bytes ) MILTONDUFF Notice of Opposition.pdf(5404850 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 /David M. Kelly/ Name David M. Kelly Date 09/23/2015 Attorney Docket No. 10210.8073

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

TWENTIETH CENTURY FOX FILM CORPORATION, Opposition No.:

Opposer Mark: MILTONDUFF Serial No.: 86325966 v. Filed: July 1, 2014

ALLIED DOMECQ SPIRITS & WINE LIMITED,

Applicant.

NOTICE OF OPPOSITION

Twentieth Century Fox Film Corporation, a Delaware corporation, having a place

of business at 10201 West Pico Boulevard, Los Angeles, California 90035 (“Opposer” or “Fox”), believes that it will be damaged by the registration of the mark MILTONDUFF shown in Application Serial No. 86325966, and hereby opposes the same. As grounds for its opposition, Fox alleges the following, upon actual knowledge with respect to itself and its own acts, and upon information and belief as to other matters:

Fox and Its Services and Products

1. Fox, through itself and its related companies and licensees (“Fox”), is one of the world’s leading producers and providers of entertainment, including films and television programming, and a wide variety of related services and products.

2. Fox produces the animated television series THE SIMPSONS, which depicts the fictional world of the Simpsons, a family of five comprised of Homer, Marge,

Bart, Lisa, and Maggie, as well as numerous supporting characters. The show also

Application Serial No. 86325966 features an array of fictional elements such as places, businesses, and products as well as distinctive catchphrases.

3. Fox’s THE SIMPSONS show premiered on December 17, 1989 and has aired on the Fox television network for more than 25 years. Since its debut, Fox’s THE

SIMPSONS show has attracted tens of millions of devoted fans.

4. Now in its 27th season and after more than 574 episodes, THE

SIMPSONS show is the longest running scripted show in television history, as well as the longest running sitcom and the longest-running animated program. The show holds a world record from the Guinness Book of World Records for Longest-Running

Primetime Animated Television Series, among other records.

5. Fox’s THE SIMPSONS series has for many years enjoyed substantial critical success and received numerous awards, including 31 Emmy awards, 6 People’s

Choice Awards, 11 Writers Guild of America Awards, 30 Annie Awards, 7

Environmental Media Awards, 6 Genesis Awards, and a Peabody Award, among others. THE SIMPSONS show also has a Star on the Hollywood Walk of Fame.

6. In addition, THE SIMPSONS is routinely ranked as one of the greatest shows of all time. For example, TV Guide ranked the show, in 2002 and in 2013, in the top 10 of the 50 Greatest TV Shows of All Time, and ranked the show in 2013 the greatest TV cartoon of all time. In other examples, Time included the show in 2007 in its list of the “100 Best TV Shows of All Time,” and Entertainment Weekly in 2008 placed the show first in its “Top 100 Shows of the Past 25 Years.”

7. In 2007, Fox released THE SIMPSONS MOVIE, which grossed more than

$527,000,000, and received wide critical acclaim including a Golden Globe nomination.

2 Application Serial No. 86325966

8. In addition to its commercial success on air and in theaters, Fox’s THE

SIMPSONS show has had substantial commercial success in DVD format. Fox has sold many millions of DVDs featuring seasons of THE SIMPSONS series and THE

SIMPSONS MOVIE.

9. In addition to DVDs, Fox offers, and has offered for many years, a wide array of merchandise relating to THE SIMPSONS show, including beverages, candy, clothing, costumes, accessories, toys, computer and video games, board games, dolls, comic books, and greeting cards. The commercial success of these product lines has been tremendous. Fox has sold billions of dollars-worth of products in connection with

THE SIMPSONS show.

10. In addition to television distribution and DVD sales, Fox offers clips of episodes of THE SIMPSONS show online via its websites located at the domain names

THESIMPSONS.COM, SIMPSONSWORLD.COM and FOX.COM. Fox also offers additional online services under THE SIMPSONS mark such as social media services, online community forum services, and online downloads. Fox’s Facebook page for THE

SIMPSONS show, which has nearly 70,000,000 fans, was ranked as the largest entertainment-related page on Facebook in February 2014.

11. Fox has extensively and widely advertised and promoted THE SIMPSONS show and related products and services for over two decades, and has spent many millions of dollars on such advertising and promotional activities.

12. Fox also licenses its THE SIMPSONS mark and other trademarks relating to the show to various partners, including theme parks. For example, Fox licenses its mark THE SIMPSONS to Universal Studios for amusement park rides at its parks

3 Application Serial No. 86325966

Universal Studios Florida and Universal Studios Hollywood, and has done so for many years. These rides are highly popular, and THE SIMPSONS ride at Universal Studios

Florida earned the distinction of reaching 1,000,000 riders in the fastest time for that theme park.

13. Because of the commercial success and iconic stature of THE

SIMPSONS series and its characters, a number of fictional elements of the show have permeated popular culture and have become well-known and famous, including Homer

Simpsons’ catchphrase “D’oh!”. The catchphrase has been listed as number six on TV

Land’s list of the 100 greatest television catchphrases. Fox has also registered a sound trademark for “D’OH” on the Principal Register (Registration No. 3411881).

Fox’s THE SIMPSONS Show and the DUFF Trademarks

14. For decades, the trademarks DUFF, DUFF BEER, and variations thereof

(collectively, the “DUFF Marks”) have been prominently and extensively featured in

Fox’s THE SIMPSONS series as the beer of choice of Homer Simpson, the show’s main character.

15. The DUFF Marks appeared for the first time in episode three of season one of THE SIMPSONS show, which aired on January 21, 1990. The DUFF Marks have been featured in numerous episodes since that date, as well as in the film THE

SIMPSONS MOVIE.

16. Representative images of the DUFF Marks as displayed in THE

SIMPSONS shows are displayed below.

4 Application Serial No. 86325966

5 Application Serial No. 86325966

17. The DUFF Marks are integral to the plotlines of many episodes of THE

SIMPSONS show and one of the series’ most well-known episodes is titled

“DUFFLESS.” In this and other episodes, viewers learn a significant amount of information about the DUFF BEER products and company as they are repeatedly exposed to images of the DUFF Marks in various hilarious and memorable contexts.

18. For example, viewers learn that DUFF BEER is manufactured at the “Duff

Brewery,” which gives tours with free DUFF BEER samples, the CEO of the company is

Howard K. Duff, the official spokesperson for the DUFF BEER product is “Duffman,” the company’s mascots are the “Seven Duff’s” (a parody of the Seven Dwarfs), the company has an amusement park named “Duff Gardens,” and the slogan of the company is “Can't get enough of that wonderful Duff.” This well-developed and long-

running storyline featuring numerous additional uses of DUFF, among other information

provided throughout THE SIMPSONS series about the DUFF BEER products, has

6 Application Serial No. 86325966 reinforced the DUFF Marks in the minds of tens of millions of viewers and fans.

19. Because of the importance of the DUFF Marks to THE SIMPSONS main character Homer Simpson and to the show, the extensive and prominent use of the

DUFF Marks in the series, and the exceptional creativity and humor in the writing, animation, and execution of scenes involving the DUFF Marks, consumers have long associated the DUFF Marks with Homer Simpson, THE SIMPSONS, and Fox. Further, the DUFF Marks have long been well-known and famous.

20. In addition, since at least as early as 2007, Fox has also offered and promoted real-life beverages under the DUFF mark, including products featuring the stylized DUFF mark shown below. A representative photograph of a can of Fox’s DUFF energy drink is shown below.

21. Further, since at least as early as June 1, 2013, Fox has offered and promoted real-life beer products and bar and restaurant services under the DUFF

Marks, including at the Duff Brewery at Universal Studios Florida. Representative photographs of the Duff Brewery at Universal Studios Florida and the DUFF products

7 Application Serial No. 86325966 are shown below. There is also a Duff Brewery at the Universal Studios Hollywood theme park.

8 Application Serial No. 86325966

9 Application Serial No. 86325966

22. Since at least as early as 2006, Fox has also used the DUFF BEER Marks in connection with the promotion and sale of clothing such as shirts, tube tops, tank

10 Application Serial No. 86325966

tops, swimwear, bathing suits, shorts, pants, caps, and hats.

Fox’s Applications and Registrations

23. Fox owns numerous registrations and applications for marks containing

DUFF covering a variety of goods, including the following (printouts from the PTO TSDR

database, including Assignment information, are attached as Exhibit A):

Reg. No. / Serial No. MARK Issued Date GOODS/SERVICES Filing Date Reg. No.: 4566718 DUFF Reg. Date: July 15, 2014 Beers Filing Date: June 5, 2013 Reg. No.: 3486187 Carbonated soft drinks DUFF Reg. Date: August 12, 2008 Filing Date: December 3, 2004 Reg. No.: 4570986 DUFF BEER Reg. Date: July 22, 2014 Beers Filing Date: June 5, 2013 Reg. No.: 4616295 DUFF LITE Reg. Date: October 7, 2014 Beers Filing Date: October 17, 2013 Reg. No.: 4616296 DUFF DRY Reg. Date: October 7, 2014 Beers Filing Date: October 17, 2013 CAN’T GET Serial No.: 86094728 ENOUGH OF THAT Beers Filing Date: October 17, 2013 WONDERFUL DUFF

(The marks set forth in Paragraphs 14 through 23 above are collectively referred to as

“Fox’s DUFF Marks” and the goods and services set forth in those paragraphs are

collectively referred to as “Fox’s Goods and Services”).

24. The above registrations are valid and subsisting and constitute prima facie evidence of, and those registrations that are incontestable constitute conclusive

11 Application Serial No. 86325966

evidence of, Opposer’s ownership of and exclusive rights to use these marks in

commerce on the products recited in the registrations.

Applicant and Its MILTONDUFF Mark

25. Allied Domecq Spirits & Wine Limited (“Applicant”), the listed owner of

Application Serial No. 86325966, is a limited company of the United Kingdom having a place of business at 72 Chancellors Road, Chivas House, London, W6RS, United

Kingdom.

26. On July 1, 2014, Applicant filed Application Serial No. 86325966 (the

“Application”) to register the MILTONDUFF mark under Section 1(b), 15 U.S.C.

§ 1051(b) and Section 44(e), 15 U.S.C. § 1126(e), before the U.S. Patent and

Trademark Office (“PTO”) for “Alcoholic beverages except beers, namely, wines; spirits; liqueurs” in Class 33.

Count I: Likelihood of Confusion, 15 U.S.C. § 1052(d)

27. Fox repeats and realleges each and every allegation set forth above.

28. Fox has priority based on its prior use of Fox’s DUFF Marks in commerce

on or in connection with certain of Fox’s Goods and Services, before the filing date of

the Application, and before any date of first use that may be established by Applicant.

Further, Fox has priority based on its valid and subsisting pleaded registrations and

prior-pending application for Fox’s DUFF Marks.

29. Applicant’s MILTONDUFF mark incorporates Fox’s Duff mark in its

entirety.

12 Application Serial No. 86325966

30. Applicant’s identified alcoholic beverage products are closely related to

Fox’s Goods and Services, including beer products, covered by Fox’s prior filed, used,

and/or registered Fox’s DUFF Marks.

31. Applicant’s MILTONDUFF mark shown in Application Serial No. 86325966

so resembles the previously filed, used, and/or registered Fox’s DUFF Marks as to be

likely, when used in connection with Applicant’s goods, to cause confusion, or to cause

mistake, or to deceive under Section 2(d) of the Lanham Act, as amended, 15 U.S.C.

§ 1052(d).

Count II: Dilution, 15 U.S.C. § 1125(c)(1)

32. Fox repeats and realleges each and every allegation set forth in the above

paragraphs.

33. Fox has engaged in extensive advertising, promotion, and use of the DUFF

Marks. Further, Fox has had substantial sales of Fox’s Goods and Services in connection with the DUFF Marks nationwide.

34. Fox’s DUFF Marks have for years received extensive unsolicited media attention. Such media attention has had a substantial impact on the public, and has created an association in the minds of consumers between Fox’s DUFF Marks and

Fox.

35. Fox’s DUFF Marks are strong and inherently distinctive marks that became famous, as defined under Section 43(c)(1) of the Lanham Act, as amended, 15

U.S.C. § 1125(c)(1), before the filing date of the opposed Application, and any date of first use that may be established by Applicant.

13 Application Serial No. 86325966

36. In view of the similarities between Applicant’s MILTONDUFF mark and

Fox’s DUFF Marks and the fame of Fox’s DUFF Marks, Applicant’s mark so closely resembles Fox’s famous DUFF Marks as to be likely to dilute the distinctive quality of such marks.

WHEREFORE, Fox believes that it will be damaged by the registration of the mark shown in Application Serial No. 86325966 and requests that the opposition be sustained, and that registration to Applicant be refused.

The filing fee has been submitted electronically. Any deficiency in the fee should be charged to Deposit Account No. 506154.

Respectfully submitted,

Dated: September 23, 2015 ____/David M. Kelly/______David M. Kelly [email protected] Linda K. McLeod [email protected] Lindsay B. Allen [email protected] Kelly IP, LLP 1919 M Street N.W. Suite 610 Washington, D.C. 20036 Telephone: 202-808-3570 Facsimile: 202-354-5232 Attorneys for Opposer

14 Application Serial No. 86325966

CERTIFICATE OF SERVICE

I certify that a true and accurate copy of the foregoing NOTICE OF

OPPOSITION was served by first class mail, postage prepaid, on September 23, 2015 upon Applicant at the following correspondence address of record:

Richard Y. Kim McDermott Will & Emery LLP 500 N. Capitol St., NW Washington, DC 20001-1531

/Larry L. White/ Larry L. White Litigation Case Manager

EXHIBIT A Generated on: This page was generated by TSDR on 2015-09-23 16:54:32 EDT Mark: DUFF

US Serial Number: 85979743 Application Filing Date: Jun. 05, 2013 US Registration Number: 4566718 Registration Date: Jul. 15, 2014 Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Jul. 15, 2014 Publication Date: Apr. 29, 2014

Mark Information

Mark Literal Elements: DUFF Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Mark Drawing Type: 4 - STANDARD CHARACTER MARK Related Properties Information

Claimed Ownership of US 3486187, 3697265, 85951901 Registrations: Child Of: 85951901 Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: Beers International Class(es): 032 - Primary Class U.S Class(es): 045, 046, 048 Class Status: ACTIVE Basis: 1(a) First Use: Jun. 01, 2013 Use in Commerce: Jun. 01, 2013 Basis Information (Case Level)

Filed Use: No Currently Use: Yes Amended Use: No Filed ITU: Yes Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information

Owner Name: Twentieth Century Fox Film Corporation Owner Address: 10201 West Pico Boulevard Los Angeles, CALIFORNIA 90035 UNITED STATES Legal Entity Type: CORPORATION State or Country Where DELAWARE Organized: Attorney/Correspondence Information

Attorney of Record Docket Number: 81285581/CA2 Correspondent Correspondent TINA M. POMPEY Name/Address: FOX GROUP LEGAL PO BOX 900 BEVERLY HILLS, CALIFORNIA 90213-0900 UNITED STATES Phone: (310) 369-7630 Fax: (310) 969-3095 Correspondent e-mail: [email protected] Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Jul. 15, 2014 REGISTERED-PRINCIPAL REGISTER Apr. 29, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Apr. 29, 2014 PUBLISHED FOR OPPOSITION Apr. 09, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Mar. 27, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 77312 Mar. 27, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Mar. 27, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 77312 Mar. 27, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 77312 Mar. 25, 2014 ASSIGNED TO LIE 77312 Mar. 10, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Sep. 18, 2013 NOTICE OF ACCEPTANCE OF AMENDMENT TO ALLEGE USE E-MAILED Sep. 17, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Sep. 17, 2013 NON-FINAL ACTION E-MAILED 6325 Sep. 17, 2013 NON-FINAL ACTION WRITTEN 76076 Sep. 17, 2013 USE AMENDMENT ACCEPTED 76076 Sep. 16, 2013 ASSIGNED TO EXAMINER 76076 Aug. 13, 2013 AMENDMENT TO USE PROCESSING COMPLETE 88889 Aug. 13, 2013 USE AMENDMENT FILED 88889 Aug. 12, 2013 TEAS AMENDMENT OF USE RECEIVED Jul. 25, 2013 DIVISIONAL PROCESSING COMPLETE Jun. 24, 2013 DIVISIONAL REQUEST RECEIVED Jul. 24, 2013 CASE ASSIGNED TO INTENT TO USE PARALEGAL 61813 Jun. 24, 2013 TEAS REQUEST TO DIVIDE RECEIVED Jun. 14, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jun. 08, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jul. 15, 2014 Proceedings

Summary Number of Proceedings: 1 Type of Proceeding: Opposition Proceeding Number: 91215414 Filing Date: Mar 12, 2014 Status: Terminated Status Date: Sep 24, 2014 Interlocutory Attorney: GEORGE POLOGEORGIS Defendant Name: Roboboogie Inc. Correspondent Address: JOHN GENTLE ROBOBOOGIE INC 2325 NE 62ND AVE PORTLAND OR , 97213 3824 UNITED STATES Correspondent e-mail: [email protected] Associated marks Serial Registration Mark Application Status Number Number DUH BEER Abandoned - After Inter-Partes Decision 85963966 Plaintiff(s) Name: Twentieth Century Fox Film Corporation Correspondent Address: STEPHANIE H BALD KELLY IP LLP 1330 CONNECTICUT AVENUE NW, SUITE 300 WASHINGTON DC , 20036 UNITED STATES Correspondent e-mail: [email protected] , [email protected] , [email protected] Associated marks Serial Registration Mark Application Status Number Number DUFF Registered 85979743 4566718 DUFF BEER Registered 85979742 4570986 DUFF BEER Abandoned - No Statement Of Use Filed 85951915 DUFF Abandoned - No Statement Of Use Filed 85951901 Section 8 and 15 - Accepted and DUFF 78527050 3486187 Acknowledged Section 8 and 15 - Accepted and 76280750 3411881 Acknowledged Prosecution History Entry History Text Date Due Date Number 1 FILED AND FEE Mar 12, 2014 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Mar 13, 2014 Apr 22, 2014 3 PENDING, INSTITUTED Mar 13, 2014 4 STIP TO SUSP PEND SETTL NEGOTIATIONS Apr 21, 2014 5 SUSPENDED Apr 21, 2014 6 CHANGE OF CORRESP ADDRESS Apr 21, 2014 7 STIP FOR EXT Apr 21, 2014 8 EXTENSION OF TIME GRANTED Apr 21, 2014 9 STIP FOR EXT May 21, 2014 10 EXTENSION OF TIME GRANTED May 22, 2014 11 STIP FOR EXT Jun 19, 2014 12 EXTENSION OF TIME GRANTED Jun 19, 2014 13 NOTICE OF DEFAULT Sep 03, 2014 14 W/DRAW OF APPLICATION Sep 19, 2014 15 W/DRAW OF APPLICATION W/O CONSENT Sep 23, 2014 16 BD DECISION: SUSTAINED Sep 24, 2014 17 TERMINATED Sep 24, 2014 Generated on: This page was generated by TSDR on 2015-09-23 16:55:58 EDT Mark: DUFF

US Serial Number: 78527050 Application Filing Date: Dec. 03, 2004 US Registration Number: 3486187 Registration Date: Aug. 12, 2008 Register: Principal Mark Type: Trademark Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged. Status Date: Jul. 29, 2014 Publication Date: Oct. 18, 2005 Notice of Allowance Date: Jan. 10, 2006

Mark Information

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

For: Carbonated soft drinks International Class(es): 032 - Primary Class U.S Class(es): 045, 046, 048 Class Status: ACTIVE Basis: 1(a) First Use: Aug. 30, 2007 Use in Commerce: Aug. 30, 2007 Basis Information (Case Level)

Attorney of Record Attorney Name: TINA M. POMPEY, Docket Number: 81201313/CA2 Correspondent Correspondent TINA M. POMPEY, Name/Address: FOX GROUP LEGAL P.O. BOX 900 INTELLECTUAL PROPERTY DEPARTMENT BEVERLY HILLS, CALIFORNIA 90213-0900 UNITED STATES Phone: 310-369-7630 Fax: 310-969-3095 Correspondent e-mail: [email protected] Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Jul. 29, 2014 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED Jul. 29, 2014 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 75461 Jul. 23, 2014 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 75461 Jul. 07, 2014 TEAS SECTION 8 & 15 RECEIVED Jul. 07, 2014 TEAS CHANGE OF CORRESPONDENCE RECEIVED Aug. 12, 2008 REGISTERED-PRINCIPAL REGISTER Jul. 10, 2008 LAW OFFICE REGISTRATION REVIEW COMPLETED 67215 Jul. 10, 2008 ASSIGNED TO LIE 67215 Jul. 10, 2008 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED Jun. 20, 2008 STATEMENT OF USE PROCESSING COMPLETE 76874 Jun. 13, 2008 USE AMENDMENT FILED 76874 Jun. 13, 2008 TEAS STATEMENT OF USE RECEIVED Jan. 15, 2008 EXTENSION 4 GRANTED 70565 Dec. 18, 2007 EXTENSION 4 FILED 70565 Dec. 18, 2007 TEAS EXTENSION RECEIVED Sep. 11, 2007 EXTENSION 3 GRANTED 68973 Jul. 05, 2007 EXTENSION 3 FILED 68973 Jul. 05, 2007 TEAS EXTENSION RECEIVED Jun. 05, 2007 ASSIGNED TO EXAMINER 80796 Mar. 17, 2007 EXTENSION 2 GRANTED 76569 Jan. 09, 2007 EXTENSION 2 FILED 76569 Jan. 09, 2007 TEAS EXTENSION RECEIVED Jul. 07, 2006 EXTENSION 1 GRANTED 98765 Jul. 07, 2006 EXTENSION 1 FILED 98765 Jul. 07, 2006 TEAS EXTENSION RECEIVED Jan. 10, 2006 NOA MAILED - SOU REQUIRED FROM APPLICANT Oct. 18, 2005 PUBLISHED FOR OPPOSITION Sep. 28, 2005 NOTICE OF PUBLICATION Jul. 12, 2005 LAW OFFICE PUBLICATION REVIEW COMPLETED 77075 Jul. 08, 2005 ASSIGNED TO LIE 77075 Jul. 07, 2005 APPROVED FOR PUB - PRINCIPAL REGISTER Jul. 07, 2005 ASSIGNED TO EXAMINER 74816 Dec. 14, 2004 NEW APPLICATION ENTERED IN TRAM Maintenance Filings or Post Registration Information

Affidavit of Continued Section 8 - Accepted Use: Affidavit of Section 15 - Accepted Incontestability: TM Staff and Location Information

TM Staff Information - None File Location Current Location: TMO LAW OFFICE 115 Date in Location: Jul. 29, 2014 Proceedings

US Serial Number: 85979742 Application Filing Date: Jun. 05, 2013 US Registration Number: 4570986 Registration Date: Jul. 22, 2014 Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Jul. 22, 2014 Publication Date: May 06, 2014

Mark Information

Mark Literal Elements: DUFF BEER Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Mark Drawing Type: 4 - STANDARD CHARACTER MARK Disclaimer: "BEER" Related Properties Information

Claimed Ownership of US 3486187, 3697265, 85951915 Registrations: Child Of: 85951915 Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Attorney of Record Docket Number: 81285583/CA2 Correspondent Correspondent TINA M. POMPEY Name/Address: FOX GROUP LEGAL PO BOX 900 BEVERLY HILLS, CALIFORNIA 90213-0900 UNITED STATES Phone: (310) 369-7630 Fax: (310) 969-3095 Correspondent e-mail: [email protected] Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Jul. 22, 2014 REGISTERED-PRINCIPAL REGISTER May 06, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED May 06, 2014 PUBLISHED FOR OPPOSITION Apr. 16, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Mar. 29, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 77312 Mar. 27, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Mar. 27, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 77312 Mar. 27, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 77312 Mar. 25, 2014 ASSIGNED TO LIE 77312 Mar. 10, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Sep. 18, 2013 NOTICE OF ACCEPTANCE OF AMENDMENT TO ALLEGE USE E-MAILED Sep. 17, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Sep. 17, 2013 NON-FINAL ACTION E-MAILED 6325 Sep. 17, 2013 NON-FINAL ACTION WRITTEN 76076 Sep. 17, 2013 USE AMENDMENT ACCEPTED 76076 Sep. 16, 2013 ASSIGNED TO EXAMINER 76076 Aug. 13, 2013 AMENDMENT TO USE PROCESSING COMPLETE 88889 Aug. 13, 2013 USE AMENDMENT FILED 88889 Aug. 12, 2013 TEAS AMENDMENT OF USE RECEIVED Jul. 25, 2013 DIVISIONAL PROCESSING COMPLETE Jun. 24, 2013 DIVISIONAL REQUEST RECEIVED Jul. 24, 2013 CASE ASSIGNED TO INTENT TO USE PARALEGAL 61813 Jun. 24, 2013 TEAS REQUEST TO DIVIDE RECEIVED Jun. 14, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jun. 08, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jul. 22, 2014 Proceedings

US Serial Number: 86094726 Application Filing Date: Oct. 17, 2013 US Registration Number: 4616295 Registration Date: Oct. 07, 2014 Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Oct. 07, 2014 Publication Date: Jul. 22, 2014

Mark Information

Mark Literal Elements: DUFF LITE Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Mark Drawing Type: 4 - STANDARD CHARACTER MARK Disclaimer: "LITE" Related Properties Information

Claimed Ownership of US 3486187, 3697265 Registrations: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information

Attorney of Record Attorney Name: Jeremy Kaufman Docket Number: 81296622/CA2 Correspondent Correspondent Jeremy Kaufman Name/Address: FOX GROUP LEGAL PO BOX 900 BEVERLY HILLS, CALIFORNIA 90213-0900 UNITED STATES Phone: (310) 369-7630 Fax: (310) 969-3095 Correspondent e-mail: [email protected] Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 07, 2014 REGISTERED-PRINCIPAL REGISTER Jul. 22, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 22, 2014 PUBLISHED FOR OPPOSITION Jul. 02, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jun. 17, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 77312 Jun. 16, 2014 ASSIGNED TO LIE 77312 May 31, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER May 30, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 May 29, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 May 29, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jan. 27, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jan. 27, 2014 NON-FINAL ACTION E-MAILED 6325 Jan. 27, 2014 NON-FINAL ACTION WRITTEN 82438 Jan. 24, 2014 ASSIGNED TO EXAMINER 82438 Oct. 25, 2013 NOTICE OF PSEUDO MARK E-MAILED Oct. 24, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Oct. 21, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 07, 2014 Generated on: This page was generated by TSDR on 2015-09-23 16:59:14 EDT Mark: DUFF DRY

US Serial Number: 86094727 Application Filing Date: Oct. 17, 2013 US Registration Number: 4616296 Registration Date: Oct. 07, 2014 Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Oct. 07, 2014 Publication Date: Jul. 22, 2014

Mark Information

Mark Literal Elements: DUFF DRY Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Mark Drawing Type: 4 - STANDARD CHARACTER MARK Disclaimer: "DRY" Related Properties Information

Claimed Ownership of US 3486187, 3697265 Registrations: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

Attorney of Record Attorney Name: Jeremy Kaufman Docket Number: 81296632/CA2 Correspondent Correspondent Jeremy Kaufman Name/Address: FOX GROUP LEGAL PO BOX 900 BEVERLY HILLS, CALIFORNIA 90213-0900 UNITED STATES Phone: (310) 369-7630 Fax: (310) 969-3095 Correspondent e-mail: [email protected] Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 07, 2014 REGISTERED-PRINCIPAL REGISTER Jul. 22, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 22, 2014 PUBLISHED FOR OPPOSITION Jul. 02, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jun. 17, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 77312 Jun. 16, 2014 ASSIGNED TO LIE 77312 May 31, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER May 30, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 May 29, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 May 29, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jan. 27, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jan. 27, 2014 NON-FINAL ACTION E-MAILED 6325 Jan. 27, 2014 NON-FINAL ACTION WRITTEN 82438 Jan. 24, 2014 ASSIGNED TO EXAMINER 82438 Oct. 24, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Oct. 21, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

US Serial Number: 86094728 Application Filing Date: Oct. 17, 2013 Register: Principal Mark Type: Trademark Status: A non-final Office Action has been sent (issued) to the applicant after review of the Statement of Use. This is a letter from the examining attorney requiring additional information and/or making an initial refusal. The applicant must respond. To view all documents in this file, click on the Trademark Document Retrieval link at the top of this page. Status Date: Aug. 11, 2015 Publication Date: Jun. 03, 2014 Notice of Allowance Date: Jul. 29, 2014

Mark Information

Mark Literal Elements: CAN'T GET ENOUGH OF THAT WONDERFUL DUFF Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Mark Drawing Type: 4 - STANDARD CHARACTER MARK Related Properties Information

Claimed Ownership of US 3486187, 3697265 Registrations: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services:

For: Beers International Class(es): 032 - Primary Class U.S Class(es): 045, 046, 048 Class Status: ACTIVE Basis: 1(b) First Use: Jun. 01, 2013 Use in Commerce: Jun. 01, 2013 Basis Information (Case Level)

Filed Use: No Currently Use: No Amended Use: No Filed ITU: Yes Currently ITU: Yes Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information

Attorney of Record Docket Number: 81296629/CA2 Correspondent Correspondent TINA M. POMPEY Name/Address: FOX GROUP LEGAL PO BOX 900 BEVERLY HILLS, CALIFORNIA 90213-0900 UNITED STATES Phone: (310) 369-7630 Fax: (310) 969-3095 Correspondent e-mail: [email protected] Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Aug. 12, 2015 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Aug. 11, 2015 NOTIFICATION OF NON-FINAL ACTION E-MAILED Aug. 11, 2015 NON-FINAL ACTION E-MAILED Aug. 11, 2015 SU - NON-FINAL ACTION - WRITTEN 82438 Aug. 11, 2015 STATEMENT OF USE PROCESSING COMPLETE 74055 Jul. 24, 2015 USE AMENDMENT FILED 74055 Aug. 11, 2015 EXTENSION 2 GRANTED 74055 Jul. 24, 2015 EXTENSION 2 FILED 74055 Aug. 10, 2015 CASE ASSIGNED TO INTENT TO USE PARALEGAL 74055 Jul. 24, 2015 TEAS EXTENSION RECEIVED Jul. 24, 2015 TEAS STATEMENT OF USE RECEIVED Jan. 24, 2015 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED Jan. 22, 2015 EXTENSION 1 GRANTED 98765 Jan. 22, 2015 EXTENSION 1 FILED 98765 Jan. 22, 2015 TEAS EXTENSION RECEIVED Jul. 29, 2014 NOA E-MAILED - SOU REQUIRED FROM APPLICANT Jun. 03, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jun. 03, 2014 PUBLISHED FOR OPPOSITION May 14, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Apr. 30, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 70884 Apr. 23, 2014 ASSIGNED TO LIE 70884 Apr. 01, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Mar. 11, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Mar. 10, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Mar. 10, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jan. 24, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jan. 24, 2014 NON-FINAL ACTION E-MAILED 6325 Jan. 24, 2014 NON-FINAL ACTION WRITTEN 82438 Jan. 24, 2014 ASSIGNED TO EXAMINER 82438 Oct. 25, 2013 NOTICE OF PSEUDO MARK E-MAILED Oct. 24, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Oct. 21, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information TM Attorney: RAPPAPORT, SETH A Law Office Assigned: LAW OFFICE 103 File Location Current Location: TMEG LAW OFFICE 103 - EXAMINING Date in Location: Aug. 11, 2015 ATTORNEY ASSIGNED