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JACKSONVILLE FILM FESTIVAL Trademark (The “JFF Mark”) and the Similarities of the JFF Mark with the Registrant’S LOL JAX

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JACKSONVILLE FILM FESTIVAL Trademark (The “JFF Mark”) and the Similarities of the JFF Mark with the Registrant’S LOL JAX Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1103588 Filing date: 12/22/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92071893 Party Plaintiff Jacksonville Film Events, Inc. Correspondence MARILYN S YOUNG Address MARK YOUNG PA 1638 CAMDEN AVE JACKSONVILLE, FL 32207 UNITED STATES Primary Email: [email protected] 904-996-8234 Submission Plaintiff's Notice of Reliance Filer's Name Marilyn S Young Filer's email [email protected] Signature /Marilyn S Young/ Date 12/22/2020 Attachments NOR_Reese_Decl_JFEv.Madrid_92071893.pdf(274338 bytes ) Exh 1_Reese_Venues.pdf(837428 bytes ) Exh 2_Reese_JFF Sponsorship Package.pdf(5288145 bytes ) Exh 3_Reese_Sponsorships.pdf(1359690 bytes ) Exh4_Reese_Volunteers.pdf(674973 bytes ) Exh 5 Reese_Business Card.pdf(661487 bytes ) Exh 6_Reese_WebsiteSocialMedia.pdf(1843707 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD JACKSONVILLE FILM EVENTS, INC., In the matter of a Florida corporation, Registration No. 5,442, 652 Petitioner For the mark: LOL JAX FILM FESTIVAL v. Registered on the Principal Register ADAM MADRID, On April 10, 2018 A United States individual, Registrant Cancellation No. 92071893 PETITIONER’S FIRST NOTICE OF RELIANCE Petitioner, Jacksonville Film Events, Inc., (“JFE”) through its attorney and pursuant to 37 C.F.R. §2.123(a)(1) hereby submits this First Notice of Reliance of the Declaration of Mr. Brian Reese with accompanying exhibits consisting of: Exhibit 1 – Venue Solicitations Exhibit 2 - JFE Sponsorship Package Exhibit 3 - Sponsor Solicitations Exhibit 4 – Volunteer Solicitations Exhibit 5 – Reese Business Card Exhibit 6 – Social media and websites for the JFE trademarks Mr. Reese is a current Board Member for the Petitioner whose testimony is relevant to the priority and use in commerce of the Petitioner’s JACKSONVILLE FILM FESTIVAL trademark (the “JFF Mark”) and the similarities of the JFF Mark with the Registrant’s LOL JAX FILM FESTIVAL trademark. Cancellation No. 92071893 NOR - Reese Testimony Declaration Page 1 of 3 Respectfully submitted, Marilyn Young Date submitted Attorney for Petitioner December 22, 2020 Florida Bar No. 64518 Mark Young, P.A. 1638 Camden Ave Jacksonville, Florida 32207 Phone: (904) 996-8234 Email: [email protected] Cancellation No. 92071893 NOR - Reese Testimony Declaration Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of the foregoing PETITIONER’S FIRST NOTICE OF RELIANCE has been served on Lauren E. Majure, Attorney for Registrant by forwarding said copy on December 22, 2020, via email to: [email protected] and [email protected] . Marilyn S. Young Attorney for Petitioner December 22, 2020 Florida Bar No. 64518 Mark Young, P.A. 1638 Camden Ave Jacksonville, Florida 32207 Phone: (904) 996-8234 Email: [email protected] Cancellation No. 92071893 NOR - Reese Testimony Declaration Page 3 of 3 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD JACKSONVILLE FILM EVENTS, INC., In the matter of a Florida corporation, Registration No. 5,442, 652 Petitioner For the mark: LOL JAX FILM FESTIVAL v. Registered on the Principal Register ADAM MADRID, On April 10, 2018 A United States individual, Registrant Cancellation No. 92071893 DECLARATION OF BRIAN REESE, BOARD MEMBER AND DEVELOPMENT DIRECTOR FOR PETITIONER, JACKSONVILLE FILM EVENTS, INC. I, Brian Reese, based upon my own personal knowledge, hereby declare: 1. My involvement with Jacksonville Film Events, Inc., (“JFE”) started while working at Apple, Inc. in February 2015 after meeting Niki Logoreci, a coworker at the time and the current JFE Board Chairman. 2. In April 2016, I became more involved with the business operations and development activities of JFE and continue to do so to the present. 3. As Development Director, I have helped build community support for the JFE events and services offered under the JACKSONVILLE FILM FESTIVAL trademark (the “JFF Mark”). Attached in Exhibit 1 are copies of e-mail communications I exchanged with potential venues for services. 4. I was officially appointed to the JFE Board of Directors in 2019 where I continue to provide input on promoting services under the JFF Mark and assist in activities to ensure the continued success of JFE. Cancellation No. 92071893 Reese Petitioner’s Testimony Declaration Page 1 of 3 5. One of my responsibilities with JFE is to identify venues for holding entertainment and film events as well as seek sponsorships for financial support. 6. I personally assist in developing JFE sponsorship packages to raise funds for services offered under the JFF Mark. I have sent JFE sponsorship packages as seen in Exhibit 2 to potential sponsors since 2016 as seen in the email communications shown in Exhibit 3. 7. My initial activities in 2016 were aimed at hosting a multi-day film event in Jacksonville, Florida in September 2017, however, the coordination efforts took longer than anticipated and the event took place the following year in September 2018. 8. I regularly reach out to local businesses and schools on behalf of JFE to build a consumer base and identify potential volunteers for services under the JFF Mark. An example of this outreach is attached as Exhibit 4. 9. I am personally aware that events, festivals and other film related services under the JFF Mark have been ongoing during my service as a JFE volunteer and Board Member. 10. I am personally aware that JFE owns the JFF Mark and I am not aware of any other individual or entity with ownership rights in the JFF Mark. 11. I have attended numerous events in the local art and film communities to promote the JFF Mark’s services on behalf of JFE. These events have included attending film festivals and events celebrating film such as the WJCT Film and Television Awards. 12. When attending events on behalf of JFE, I frequently exchange my business card seen in Exhibit 5with those I meet at these events. Cancellation No. 92071893 Reese Petitioner’s Testimony Declaration Page 2 of 3 92071893_EXHIBIT 1 92071893 - Exhibit 1 92071893_Exhibit 1 92071893 - EXHIBIT 2 2017 Sponsorship Package 92071893 - EXHIBIT 2 JACKSONVILLE92071893 - EXHIBIT 2 FILM FESTIVAL Bringing the Film Industry Back Home he mission of the Jacksonville Film Festival is to celebrate motion picturesT by discovering and showcasing new talent. We aim to rejuvenate the ilm industry in Jacksonville by creating an atmosphere that immerses the ilmmakers with their audience and community. The festival is an opportunity for ilmmakers to be recognized for their cinematic 20172017201720172017 Originally founded in 2002, the festival debuted as a non-proit cultural organization that brought together a group of community leaders and local artists. The annual event screened dozens of the hundreds of ilms submitted for consideration to an audience of over 7,000 local, national and international festival-goers. JFF is a four day event made up of ilm screenings, workshops, educational outreach, local artists, and after-party celebrations. The collaboration of these entities working together is designed to generate exposure for our sponsors, the ilm community, and the city of Jacksonville. 92071893 - EXHIBIT 2 JACKSONVILLE’S PLACE IN FILM HISTORY In the early years of the 20th century, Over the years the warm climate and Jacksonville earned the title “Winter Film multifunctional landscape would serve as the Capital of the World.” The warm climate, striking ideal backdrop for several Hollywood ilms natural surroundings, diversity of architecture, including Basic, Creature From the Black inexpensive labor and easy rail access attracted Lagoon, Cool Hand Luke, G.I. Jane, Lonely more than 30 movie studios. Hearts, The Manchurian Candidate, The New Adventures of Pippi Longstocking, and Jacksonville’s irst silent ilm studio Sunshine State. opened in 1908, followed by more than countless others over the course of the next In 2003, The Flying Ace, Norman’s decade including Metro Pictures, which would signature ilm achievement, made it’s debut at later become MGM Studios. the inaugural Jacksonville Film Festival after 75 years out of public sight. The festival revived At Keystone Studio, Charlie Chaplin and Jacksonville’s glorious moviemaking past and Chester Conklin start making comedies, and in served as a destination for the independent Jacksonville Florida Oliver Hardy begins his ilm ilm community and paved the way for a new career at the Lubin Motion Pictures Company. generation of talent. 92071893 - EXHIBIT 2 92071893 - EXHIBIT 2 IT STARTS WITH THE FESTIVAL Behind the Screen Movie in the Park Environment where professionals talk about Free event, coinciding with the rest of the festival, their work in the ilm industry. The conversation Focused topics which encourages families to go watch amovie between ilmmakers creates a low of new ideas together at park. Food trucks, art vendors and our with an honest discussions about their -Laws of Filmmaking sponsors have the opportunity to set up tables successes and opportunities making ilms. The -Producing Films in Florida and tents. We want to encourage all members idea is to educate new ilmmakers about the of the community to come out in their support industry while allowing established ilmmakers -Guide to Independent Film Distribution of the festival. to relect their growth. -Filmmaking for Students Sponsorship / Advertising Opportunities Sponsorship
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