Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA578538 Filing date: 12/23/2013 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 GREY AREA LLC Granted to Date 12/22/2013 of previous extension Address 165 Clermont Ave, 1 , NY 11205 UNITED STATES

Attorney William R. Samuels information W.R. Samuels Law PLLC 8 West 40th Street, 12th Floor , NY 10018 UNITED STATES [email protected], [email protected] Phone:212-206-9399 Applicant Information

Application No 79123846 Publication date 06/25/2013 Opposition Filing 12/23/2013 Opposition 12/22/2013 Date Period Ends International 1144552 International 07/19/2012 Registration No. Registration Date Applicant Jonathan B. Foster Lijnbaansgracht 154-1 NL-1016 VW Amsterdam, NLX USX Goods/Services Affected by Opposition

Class 016. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Newsletters in the fields of cooking, art, music, sociological and biographicalsubjects; books in the fields of cooking, art, music, sociological and biographical subjects; magazines featuring cooking, art, music, sociological and biographical subjects; brochures about cooking,art, music, sociological and biographical subjects; leaflets in the fields of cooking, art, music, sociological and biographical subjects; posters; picture postcards; calendars; photographs Class 035. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: import and export agencies; mediation of contracts for purchase and sale of products; retail store services featuring prerecorded magnetic and electronic data carriers, namely, cassettes, CDs, CD-ROMs, DVDs, minidisks, diskettes, video tapes, image discs in the nature of video compact discs, exposed cinematographic films, newsletters, posters, books, newspapers, magazines, brochures, leaflets, picture postcards, calendars, photographs,tobacco, smoker's articles, namely, matches and matchboxes, lighters and ashtrays for smokers, cigarette filters, cigarette paper, filter tips and cases for cigarettes, paintings and sculptures, two-and three-dimensional art; sales promotion services and distribution of products for advertising purposes; business consultancy relating to franchising Class 041. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Educational services, namely, providingart classes; cultural activities, namely, arranging exhibitions, and shows of two and three dimensional art; compiling,producing, directing and presenting of radio, television and audiovisual programs; film production; production of film recordings; publishing, lending and dissemination of educational materials of others, namely, newsletters, posters, books, magazines, leaflets, picture postcards, calendars, photographs in the field of cooking, art, music, and sociological and biographical subjects Grounds for Opposition

Priority and likelihood of confusion Trademark Act section 2(d) Mark Cited by Opposer as Basis for Opposition

U.S. Application/ NONE Application Date NONE Registration No. Registration Date NONE Word Mark GREY AREA Goods/Services Class 016 for newsletters and information in the fields of art, culture, design, home furnishings, and home décor. Class 035 for providing online retail store services featuring a wide variety of consumer goods of others, including art, design, home furnishings, home décor, and smokers articles, including lighters. Class 041 for providing a Web site featuring information about art, artists, culture, design, home furnishings, home décor, and the global arts community.

Attachments Notice of Opposition_GREY AREA_12.23.13.pdf(1027351 bytes ) Exhibit A.pdf(1174903 bytes ) Exhibit B.pdf(1613254 bytes ) Exhibit C.1.pdf(2201285 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 /William R. Samuels/ Name William R. Samuels Date 12/23/2013

EXHIBIT A

EXHIBIT B

EXHIBIT C

12/23/13 Up-and-Comers: Art Dealer, Fund-Raiser, Angel Investor - Forbes

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Kyle DeWoody, Grey Area The iPhone 'Misunderstood' Christmas Ad Is A Sad Commentary On Culture DeWoody, 27, (top left) cofounded Grey Area to And Does Apple No Favors +9 1 ,1 2 0 views combine art and commerce through a mélange of modern furniture, jewelry and clothing: beach Mentally Strong People: The 13 Things T h ey Av oid +6 9 ,2 4 3 views towels by Julian Schnabel, wristwatches by Tom Sachs, neon signs by Anthony James. (Prices range Cracker Barrel: Oops! We're Putting from $15 to $50,000.) Besides the company’s Duck Dynasty Products Back On Our Sh elv es! +5 1 ,4 2 5 views website, DeWoody runs pop-up boutiques in London, Miami and the Hamptons; a SoHo gallery What Porn Stars Do When The Porn opened in February. Part of an arty family–Mom is Industry Shuts Down +3 1 ,5 5 8 views a respected collector; Dad and her brother sell Current Issue How Phil Robertson's PR Team Let pieces at the shop–DeWoody also advises museums Him Down +3 0 ,2 7 7 views Inside the Magazine on how to promote art in the public discourse. www.forbes.com/sites/hannahelliott/2012/08/23/up-and-comers-art-dealer-fund-raiser-angel-investor/ 1/4 12/23/13 Up-and-Comers: Art Dealer, Fund-Raiser, Angel Investor - Forbes Get 2 Free Issues of Natalia Oberti Noguera, Pipeline Fellowship + show more Forbes Frustrated by the lack of gender equity in angel investing–just 12% of such investors are women– Hannah Elliott Forbes Staff the 29-year-old Oberti Noguera, (right) a Yale F ollow (979) alumna, launched Pipeline Fellowship to counsel female philanthropists

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www.forbes.com/sites/hannahelliott/2012/08/23/up-and-comers-art-dealer-fund-raiser-angel-investor/ 4/4 12/23/13 Sebastian Errazuriz Designs T-Shirts to Benefit Storm Victims - NYTimes.com

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Michelle V. Agins/ Sebastian Errazuriz, a designer and sculptor in Brooklyn, is raising relief money w ith Hurricane Sandy T-shirts. By LIZ ROBBINS Published: November 5, 2012

Some people are donating the shirts off their back. Others are FACEBOOK

creating them. TWITTER

GOOGLE+ And hundreds still are scooping them up like auctioned art in a social- SAVE Multimedia media-fueled frenzy that captures EMAIL ’s volunteer spirit in the SHARE aftermath of Hurricane Sandy. PRINT

Sebastian Errazuriz, a designer and REPRINTS sculptor in Greenpoint, Brooklyn, Video whose work was halted by the storm

Hurricane Sandy Videos last week, has taken a simple, familiar MORE IN N.Y. / REGION (1 OF 24 ARTICLES) design and, quite inadvertently, turned The Appraisal: Still Unconvinced, Home it into a philanthropic sensation. Buyer? Check Out the View From the Drone Mr. Errazuriz said he was so depressed by the imagesRead of More the » devastation that he wanted to raise money with some kind of art project. He decided on Friday night to make T-shirts Photographs by taking the celebrated white “I Love NY” design and Hurricane Sandy Aftermath dipping them into blue ink to replicate the flood line he saw in an art gallery. He also took a subway map shirt and dipped it diagonally in the same blue ink to symbolize the Times Topic: Hurricanes and Tropical Storms (Hurricane power-dividing line. Sandy ) At first, Mr. Errazuriz, 28, thought a few of his friends and Connect With NYTMetro customers of his high-end art would buy a couple dozen. Follow us on Twitter and like us on He enlisted Grey Area, an online art gallery with a SoHo Facebook for news and store, to help sell shirts. On Sunday afternoon, Grey Area e- conversation. mailed a newsletter to its 32,000 subscribers and posted it on Facebook. The shirt would sell for $40, with all profits going to storm victims – most likely artists from Red Hook and New Jersey who were the most affected.

By Monday afternoon, Grey Area had 500 orders. The only problem? As of Monday afternoon, Mr. Errazuriz had not yet printed any T-shirts. He had a staff of two, and, because he works in large wood and furniture sculpturing, he had no silk-screening equipment. He planned to dip the shirts in buckets of ink. MOST EMAILED RECOMMENDED FOR YOU www.nytimes.com/2012/11/06/nyregion/sebastian-errazuriz-designs-t-shirts-to-benefit-storm-victims.html?_r=0 1/3 12/23/13 Sebastian Errazuriz Designs T-Shirts to Benefit Storm Victims - NYTimes.com

“I didn’t think it would get to this level of craziness,” he said, laughing on the phone as he 1. NPR Gets $17 Million in Grants to drove back to his studio to get working. “When there’s an idea that connects with people, it Expand Coverage and Develop Digital Platform spreads incredibly fast.” 2. OP-ED | MURITHI MUTIGA While other Hurricane Sandy T-shirts are already on the market, what makes Mr. Africa and the Chinese Way Errazuriz’s unique is the art component. His expensive work – including a $75,000 shelf made from a real tree branch – has been shown in design museums throughout the 3. State Dept. Warns of New Terrorist Group Posing Threat to U.S. Interests in world. Africa

Mr. Errazuriz initially took his bicycle around Greenpoint to buy “I Love NY” shirts. On 4. LETTER Smoking Laws Abroad Monday morning, he got a car to Manhattan for a larger supply. After dropping off samples for the talk-show host Katie Couric and her guest Steve Buscemi, he went to 42nd 5. ECONOMIX Street and Third Avenue, buying all the shirts in size medium he could find. Inequality and Good Intentions

6. EDITORIAL His design for what he calls his “I Still Love New York” shirt was deliberate. He hung the Big Tobacco Bullies shirt on the wall and measured five feet from the floor, tie-dying the bottom. His subway 7 . map, “Manhattan Blackout,” followed the initial power failures. Video: Vows: Celebrating Home

For now, the shirt costs $22 to produce, leaving $18 for storm victims. But with such a demand, Mr. Errazuriz said he hoped to order in bulk and secure a bona fide T-shirt maker to reduce production costs. 8. YOU'RE THE BOSS Today in Small Business: Manish Vora, a founder of Grey Area, said, “We haven’t directed the funds yet to which Newcandescents groups because our team and Sebastian want to have the money go to as many people 9. YOU'RE THE BOSS rebuilding as possible.” An Entrepreneur Talks About the Importance of Background Checks and Mr. Errazuriz said he had been shocked and inspired by the immediate reaction. Born in Baked Goods Chile and raised in London, he has been living in New York for seven years. 10. DEALBOOK Perelman Pledges $50 Million to a New York Hospital “When you come as a foreigner from abroad, you are immediately shocked by how cold

and how indifferent people are,” he said. “But at the same time, now you see these Log in to discover more articles instances where there’s a real strength and pride in helping each other and getting through based on w hat you‘ve read. the problems. And that’s impressive.” What’s This? | Don’t Show

He had to rush to his studio, but at least could take bit of a breath. “We’re telling people we’ll need two weeks to deliver them,” he said.

A version of this article appears in print on November 6, 2012, on page A22 of the New York edition w ith the headline: On T- Shirts, Watermarks Cross Hearts.

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Desire for Growth Pitted Should Assad Against Fiscal Restraint Remain in Power? Room for Debate asks www.nytimes.com/2012/11/06/nyregion/sebastian-errazuriz-designs-t-shirts-to-benefit-storm-victims.html?_r=0 2/3 12/23/13 Sebastian Errazuriz Designs T-Shirts to Benefit Storm Victims - NYTimes.com Room for Debate asks whether keeping the regime is a better outcome for Syria than further bloodshed or a Bulgaria, Unready, Is A Snowier jihadi victory. Temple’s Rowing Demise Op-Ed: Leav e These Book Theft in Italy , With Poor Host to Sy rians in BlackBerry’s Backyard Strikes at Amateur Ideals Southwest Ruins Alone a Hint of Politics

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First Look: Where Questions Are Welcome Grey Area’s Soho showroom blurs the line between art and object.

By Catie Keck Published Feb 15, 2012

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nymag.com/homedesign/features/grey-area-2012-2/#print 1/1 12/23/13 Design Hunting With Wendy Goodman - A First Look at Grey Area's Soho Showroom -- New York Magazine

Where Questions Are Welcome 1 of 6 Grey Area fills its soon-to-be Soho showroom * with beautiful trinkets and a clever assortment of oddities. Is it a necklace? Is it art? Can y ou wear it? “In general, I look for pieces that fall into the gray area between art and object. So art made functional or the functional made into art,” say s co-founder and creative director Ky le DeWoody . “This can mean a unique piece, an edition, or something unlimited in production but limited where y ou can find it.” In the showroom, open to the public Tuesday through Saturday beginning March 8, you’ll find vintage lingerie with Swarovski accents, colorful kitted accessories, or mummified Barbies. Pictured here, a romantic chair sculpture, Motivating the Unmarried Flow er, by Rosalie Morris, has whimsical accents and detailing. *The showroom is still undergoing sty ling, so these pictures are of its temporary space.

Photo: Catie Keck

nymag.com/homedesign/articles/2012/02/newsletter/firstlook0215/ 1/1 12/23/13 Design Hunting With Wendy Goodman - A First Look at Grey Area's Soho Showroom -- New York Magazine

Where Questions Are Welcome 2 of 6 Shelves throughout Grey Area’s showroom are stacked with unique pieces. From top right, clockwise: Homemade Hermès Birkin Bag, by Shelter Serra, is an immediate eye-catcher. The spray bottles, Protosapien Mist Unit, by Saul Chernick, are a quirky interpretation of object into art. The chainlike silver knot sculpture by Orly Genger is titled Untitled. The metallic black bronze sculptures are by Caraballo-Farman and called Extractions Nos. 1 and 2. And last, the ice- cube bag is y et another fun object that blurs the line between commonplace household items and an artist’s unique interpretation of them; it’s called Pieces of the Floe, by Jonathan Seliger.

Photo: Catie Keck

nymag.com/homedesign/articles/2012/02/newsletter/firstlook0215/index2.html 1/1 12/23/13 Design Hunting With Wendy Goodman - A First Look at Grey Area's Soho Showroom -- New York Magazine

Where Questions Are Welcome 3 of 6 A stomach crafted out of jewels marries the grotesque with uncanny familiarity. Jew eled Organs: Stomach, by Vadis Turner.

Photo: Catie Keck

nymag.com/homedesign/articles/2012/02/newsletter/firstlook0215/index3.html 1/1 12/23/13 Design Hunting With Wendy Goodman - A First Look at Grey Area's Soho Showroom -- New York Magazine

Where Questions Are Welcome 4 of 6 Grey Area stocks an entire display of bags, knits, and printed silk scarv es from the Museum of Everything.

Photo: Catie Keck

nymag.com/homedesign/articles/2012/02/newsletter/firstlook0215/index4.html 1/1 12/23/13 Design Hunting With Wendy Goodman - A First Look at Grey Area's Soho Showroom -- New York Magazine

Where Questions Are Welcome 5 of 6 These ceramic bunnies titled Mascots, by Michael St. John, are a little reminiscent of Donnie Darko in the most adorable way .

Photo: Catie Keck

nymag.com/homedesign/articles/2012/02/newsletter/firstlook0215/index5.html 1/1 12/23/13 Design Hunting With Wendy Goodman - A First Look at Grey Area's Soho Showroom -- New York Magazine

Where Questions Are Welcome 6 of 6 These eerie silver wall ornaments are mummified Barbies by E.V. Day are aptly titled Mummified Barbies.

Photo: Catie Keck

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December 01, 2011 Grey Is the New Black

By Rachel Wolff Art

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Courtesy Grey Area

The Art Basel Miami Beach blitz has begun and the art world’s dealers, tastemakers, patrons and cheerleaders have abandoned their full-time posts for balmier pastures down south. Galleries worldwide are strutting the best of what they’ve got (Louise Bourgeois and Subodh Gupta at Hauser & Wirth; Willem de Kooning and Hiroshi Sugimoto at Pace; and Andy Warhol at L&M, just to name a few). But if walls are full or the art budget’s spent, consider shopping what’s sure to be one of the buzziest pop-ups at this weekend’s festivities.

Grey Area, co-founded earlier this year by designer and consultant Kyle deWoody and Artlog’s Manish Vora, will pop up, so to speak, through Sunday at Miami’s Bass Museum of Art. This is the third pop-up shop for the online retailer that explores the “grey area” between art and design, following successful outings in the Hamptons over the summer and at Art Platform–Los Angeles this fall.

The temporary boutique is well stocked with both functional and not-so-functional objects, furniture, jewelry and avant- garde wares, all designed by artists looking to expand the parameters of their work. Look for statement jewelry from Orly Genger, Abraxas Rex, Rob Wynne, Michele Lopez, Kate Cusack and Emily Miranda; gold-plated “brick” bookends by Christian Dietkus; dinnerware by Leah Piepgras and Rudolf Stingel; and, for those of you who packed light, limited-edition beach towels by Tracey Emin, Peter Doig and Ed Ruscha. Open 10 a.m. to 6 p.m. through December 4 at the Bass Museum of Art; 2100 Collins Avenue; shopgreyarea.com.

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You know that grey space that exists at the intersection of art and design? That’s the gap Grey Area (http://www.shopgreyarea.com) decided to fill with their limited edition art pieces that don’t quite fit definitively into either category. But, they’re right at home here on Design Milk…

Pictured above: Golden Ruler by Assaf Eshet

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It’s been quite a week for Grey Dept. of Culture Area: The buzzy artist-edition site launched a new collection of products, “Americana,” on Designer Update election night, and has sold more than 1,500 of Sebastian Errazuriz’s inspired Model Behavior “MANHATTAN BLACKOUT” and “I STILL LOVE NY” T-shirts since last weekend, with profits going to Hurricane Sandy relief. Now Trending Outside sources On top of that, cofounders Manish Vora and Kyle DeWoody unveiled a new batch of artist- Q&A made goods created in tandem with the designers at Helmut Lang last night at the brand’s Mercer Street shop. Shopping Alert Social Intelligence Artists include Cat Stevens—”not that Cat Stevens,” Vora clarified—and Michelle Lopez, The Future of and the latest partnership has resulted in a glossy version of Shelter Serra’s rubber Fas hion Rolex-inspired bracelet, which has become a bit of a calling card for the site and artist Trend Tracking alike.

Serra revealed at the intimate dinner that followed at La Esquina—and drew the likes of about this blog bloggers Elin Kling and Leandra Medine, and Hilary Rhoda, fresh off the Victoria’s Secret runway the night before—that early on he’d been approached by Amazon.com and turned style file covers all them down. the new s in style, from high street to He’s been intrigued by what Helmut Lang CEO Andrew Rosen, who cohosted the dinner, high fashion, w ith dispatches from new referred to in a toast as “the Grey Area thing.” He wasn’t the first, and no doubt won’t be york, l.a., london, the last. paris, milan, tokyo, beijing, and more —Darrell Hartman

guest contributors Photo: Neil Rasmus/BFAnyc.com

Maya Singer tags: Andrew Rosen, Elin Kling, Grey Area, Helmut Lang, Kyle DeWoody, Leandra Medine, Darrell Hartm an Manish Vora, Sebastian Errazuriz, Shelter Serra Afsun Qureshi

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3. State Dept. Warns of New Terrorist Group Posing Threat to U.S. Interests in Africa Ev an Sung The Diesel Black Gold store at 68 Greene Street. More Photos » 4. LETTER Smoking Laws Abroad By JOANNA NIKAS Published: February 29, 2012 5. ECONOMIX Inequality and Good Intentions OPENINGS RECOMMEND

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boots ($650), are displayed on mirrored and wood cubes 9. YOU'RE THE BOSS Slide Show under a ceiling lined in gunmetal velvet, all of it the Recalling a Christmas Spent With a Start-Up Shopping Snapshots: March 1 signature style of its trendy designer, Ryan Korban. At 68 Greene Street; (212) 966-5593; dieselblackgold.com. 10. BITS Signs of Cracks in the Law of Jante The Collection: A Fashion A couple of blocks away, on Broadway, GREY AREA, the App for the iPad A one-stop online art store, is opening its first showroom on March 9. Log in to discover more articles based on w hat you‘ve read. destination for Founded by Kyle DeWoody and Manish Vora, the store Times fashion aims to sell pieces that combine design and functionality, What’s This? | Don’t Show coverage and the latest from the including accessories like an Anndra Neen clutch that runway s. resembles a cage ($675) and Michelle Lopez rings that look Dow nload It From the App Store like Band-Aids ($175 to $305). The store will also sell Follow Us on Twitter furniture and home goods from a variety of artists, Follow including Dustin Yellin and Tom Sachs. At 547 Broadway; @NYTfashion for fashion, beauty (212) 941-6400; shopgreyarea.com. and lifestyle news and headlines. POP-UPS Enlarge This Image The Brooklyn independent designer collective, ARTI STS & FLEAS, is setting up shop at Chelsea Market; artistsandfleas.com. The group of more than 30 designers, artists and vintage collectors is returning to 75 , where many sold their goods during last year’s holiday season. This time around, the pop-up will be open for three months, and shoppers can find things like an Jordan Doner, Courtesy of Grey Area organic cotton dress from NatureVsFuture ($218) and Anndra Neen clutch available at Grey Area. More Photos » secondhand finds from Gypsy Nation Vintage.

There’s good news for New Yorkers who secretly wish to look like Kate Middleton, Duchess of Cambridge. From March 3 to 11, the Londoner KATHERI NE HOOKER, whose designs the duchess has worn, will set up shop at 102 Thompson Street; katherinehooker.com. The pop-up will sell the dress and jacket line, which includes linen jackets ($710) and silk dresses in lilac and gray tones ($500).

EVENTS

HUGO BOSS is celebrating the introduction of its Boss Home collection on Thursday at Bloomingdale’s. From 6 to 8 p.m., shoppers who buy any Hugo Boss item will receive a tote bag designed by Jeff Koons and have a chance to meet him. The downtown D.J.’s Caitlin Moe and Mia Moretti will provide the music. And, all the while, the Boss Black newly renovated women’s shop on the third floor will be open for business.

Send shopping suggestions to [email protected].

A version of this schedule appeared in print on March 1, 2012, on page E6 of the New York edition w ith the headline: Scouting Report.

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12/23/13 Blurred Lines: Grey Area Hits the Collective Design Fair - Culture - Music, Movies, Art, Profiles, and More

CULTURE The Price of Cheap: What the Bangladesh… What to Expect at Frieze Art Fair in New York…

ART Blurred Lines: Grey Area Hits the Collective Design Fair www.vogue.com/culture/article/blurred-lines-grey-area-hits-the-collective-design-fair/#1 1/4 12/23/13 Blurred Lines: Grey Area Hits the Collective Design Fair - Culture - Music, Movies, Art, Profiles, and More by Mieke ten Have

Manish Vora and Kyle DeWoody 1 of 5

Photographed by Kava Gorna

When architect and designer Steven Learner, founder and creative director of the inaugural Collective Design Fair, was putting together the eclectic roster for his show, he invited—alongside a more seasoned group of galleries, including Maison Gerard and Lost City Arts—the two-year-old boundary-blurring project known as Grey Area. Learner’s mission was to create a new and selective design-fair blueprint; for Grey Area founders Ky le DeW oody and Manish Vora, their ethos is about nothing less than “finding new ways to live with art,” as DeWoody puts it.

For “Collective,” as it’s become known (the fair will run on Manhattan’s Pier 57 from May 8– 11), Vora and DeWoody gave artists including Peter Dayton, Scott Campbell, and Monica Castiglioni—along with collaborative practice Snarkitecture—free rein to apply their signature designs and techniques to a range of functional and decorative pieces, from www.vogue.com/culture/article/blurred-lines-grey-area-hits-the-collective-design-fair/#1 2/4 12/23/13 Blurred Lines: Grey Area Hits the Collective Design Fair - Culture - Music, Movies, Art, Profiles, and More wallpaper and architectural elements to an affordable suite of furniture and sculptures.

Grey Area has recently extended its horizons to include a surprising collaboration. “The artist Peter Day ton designed a vinyl skin for my Smart car to mimic wood—including a ‘DeWoody’ insigna,” Kyle says, laughing. Smart car caught wind of the playful project and is now collaborating with Grey Area on their new, just-launched electric model. “We want these artists’ work to get in front of new audiences,” DeWoody says. “So we’ll just keep expanding the canvas.”

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