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Notice of Opposition Opposer Information Applicant Information Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA831325 Filing date: 07/05/2017 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 Weigel Broadcasting Co. Granted to Date 07/05/2017 of previous ex- tension Address 26 N. Halsted Street Chicago, IL 60661 UNITED STATES Attorney informa- Bruce A. Fox tion Neal, Gerber & Eisenberg LLP Two North LaSalle StreetSuite 1700 Chicago, IL 60602 UNITED STATES Email: [email protected], [email protected], [email protected], [email protected], [email protected] Phone: 3122698000 Applicant Information Application No 87046517 Publication date 03/07/2017 Opposition Filing 07/05/2017 Opposition Peri- 07/05/2017 Date od Ends Applicant Soldis, Steve 1955 Cleveland Ave Santa Rosa, CA 95401 UNITED STATES Goods/Services Affected by Opposition Class 041. First Use: 2016/04/20 First Use In Commerce: 2016/04/20 All goods and services in the class are opposed, namely: Entertainment services in the nature of- development, creation, production, distribution, and post-production of television shows, multimedia entertainment content, over cable, Internet, wireless local area networks, and radio Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration 3902686 Application Date 10/27/2009 No. Registration Date 01/11/2011 Foreign Priority NONE Date Word Mark METV Design Mark Description of NONE Mark Goods/Services Class 038. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01 television broadcasting both directly over the air and via retransmission over cable and satellite networks; transmission and distribution of audio and video content streamed over computer networks U.S. Registration 3902687 Application Date 10/27/2009 No. Registration Date 01/11/2011 Foreign Priority NONE Date Word Mark METV Design Mark Description of The mark consists of the wording "TV" inside of a rectangle which is inside of a Mark larger rectangle with the wording "ME". Goods/Services Class 038. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01 television broadcasting both directly over the air and via retransmission over cable and satellite networks; transmission and distribution of audio and video content streamed over computer networks U.S. Registration 5162213 Application Date 11/17/2015 No. Registration Date 03/14/2017 Foreign Priority NONE Date Word Mark METV Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2017/01/04 First Use In Commerce: 2017/01/04 Downloadable mobile applications for streaming audio and video content U.S. Application 87218173 Application Date 10/27/2016 No. Registration Date NONE Foreign Priority NONE Date Word Mark METV Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 2009/07/01 First Use In Commerce: 2009/07/01 Clothing and other apparel, namely t-shirts and sweatshirts Class 035. First use: First Use: 2005/01/01 First Use In Commerce: 2005/01/01 Production of television and radio advertising; Social media marketing; multime- dia marketing and advertising; and on-line retail store services via a website fea- turing clothing and memorabilia; television commercial production Class 038. First use: First Use: 2015/01/01 First Use In Commerce: 2015/01/01 Radio broadcasting; internet radio services, namely, transmission of audio ma- terial in the field of music via the internet; streaming of audio content featuring music via the internet; audio and video broadcasting services over the internet; Internet broadcasting; electronic transmission of audio, video and data via com- puter networks; Transmission of entertainment content to mobile devices; and providing an on-line forum for the purpose of social networking Class 041. First use: First Use: 2015/01/01 First Use In Commerce: 2015/01/01 Entertainment services in the nature ofdevelopment, creation, and production of television programming, distribution of television programs for others; Entertain- ment services in the nature of development, creation, production and post- production services of multimedia entertainment content; Distribution of televi- sionprogramming to cable television systems; Entertainment services, namely, provision of on-going multimedia programs featuring comedy, action, drama, sci- ence fiction and adventure distributed via various platforms across multiple forms of transmission media; Production and distribution of entertainment con- tent, namely, television shows and movies featuring comedy, action, drama, sci- ence fiction andadventure; providing on-line electronicnewsletters in the fields of pop culture and entertainment; publishing of electronic publications; Providing news and information in the fields of pop culture and entertainment via a web- site; providing on-line reviews of television shows, movies, music, pop culture, entertainment and computer games; Entertainment services, namely, providing online non-downloadable board games, computer games, quizzes in the fields of pop culture, entertainment, trivia, and puzzles; television programming; televi- sion show production; and production of television and radio programs, featuring digital music Class 045. First use: First Use: 2013/12/01 First Use In Commerce: 2013/12/01 Online social networking services Attachments 77857939#TMSN.png( bytes ) 77857941#TMSN.png( bytes ) 86823509#TMSN.png( bytes ) 87218173#TMSN.png( bytes ) Notice of Opposition to SHOW ME TV.pdf(134815 bytes ) Exhibit A.pdf(979403 bytes ) Signature /Bruce A. Fox/ Name Bruce A. Fox Date 07/05/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Matter of Application Serial No. 87/046,517 Mark: SHOW ME TV Published in the Official Gazette on March 7, 2017 NOTICE OF OPPOSITION WEIGEL BROADCASTING CO., Opposer, v. STEVE SOLDIS, Applicant. This Notice of Opposition is submitted in the matter of Application Serial No. 87/046,517 (the “Subject Application”), filed on May 23, 2016 by Steve Soldis, an individual with an address of record at 1955 Cleveland Ave., Santa Rosa, California 95401 (“Applicant”). Applicant’s email address of record is [email protected]. Applicant seeks to register the mark SHOW ME TV based on his purported use of the mark in interstate commerce in connection with “Entertainment services in the nature of development, creation, production, distribution, and post-production of television shows, multimedia entertainment content, over cable, Internet, wireless local area networks, and radio” in International Class 41. The Subject Application was published for opposition in the Official Gazette on March 7, 2017. Opposer, Weigel Broadcasting Co. (“Weigel Broadcasting”), an Illinois corporation having a place of business at 26 N. Halsted Street, Chicago, Illinois 60661, believes that it would be damaged by Applicant’s registration of the mark SHOW ME TV as reflected in the Subject Application, and therefore opposes the same. The grounds for the Opposition herein are as follows: 1. Weigel Broadcasting owns and operates a number of television broadcasting stations in multiple U.S. cities. Weigel Broadcasting also owns and operates a group of television networks including the METV Network, which distributes television programming under the METV mark to independent network affiliates across the country for distribution in their respective U.S. television markets. Since at least as early as January 1, 2005, and long before Applicant filed the Subject Application, Weigel Broadcasting has continuously used the mark METV in connection with television broadcasting and entertainment programming across multiple media platforms. 2. Weigel Broadcasting creates, broadcasts and distributes programming under its METV mark directly over the air, via cable and satellite networks, radio and through the streaming transmission of audio and video content over Internet Protocol television (IPTV) and computer networks. More than 25,000,000 viewers watch MeTV content each week. MeTV reaches over 5,000,000 additional people each month through its online distribution channels alone, including MeTV.com and associated social media outlets. In addition, Weigel Broadcasting operates a radio station in Chicago, Illinois under the mark METV FM and a music streaming service known as MeTV Music. 3. Weigel Broadcasting has devoted significant resources, time, and effort to marketing its METV programming and brand. As a result of these efforts, Weigel Broadcasting’s METV brand has achieved considerable success in the marketplace. MeTV is the largest subchannel network in the United States. In fact, METV branded content is available to 2 approximately 96% of the U.S. population through current or pending affiliation agreements in more than 175 television markets encompassing all 50 states. Accordingly, Weigel Broadcasting has built considerable consumer recognition and goodwill in its METV mark, which is among its most valuable assets. 4. To protect its rights and goodwill in the METV mark, Weigel Broadcasting owns and maintains Federal Registration Nos. 3,902,686 and 3,902,687 for the mark in both block and design form in connection with “television broadcasting both directly over the air and via retransmission over cable and satellite networks; transmission and
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