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Estta968194 04/19/2019 in the United States Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA968194 Filing date: 04/19/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91235560 Party Defendant Jackdaddy Inc. Correspondence KEVIN J KEENER Address KEENER & ASSOCIATES PC 161 N CLARK STREET SUITE 1600 CHICAGO, IL 60601 UNITED STATES [email protected] 312-523-2164 Submission Defendant's Notice of Reliance Filer's Name Kevin Keener Filer's email [email protected] Signature /kevinkeener/ Date 04/19/2019 Attachments Jackdaddy Notice of Reliance.pdf(3645869 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of: Application No. 87/291,418 Mark: CADDY JACK ____________________________________ ) ) Target Brands, Inc. ) ) Opposer, ) ) v. ) Opposition No. 91235560 ) Jackdaddy, Inc. ) ) ) Applicant. ) ) ____________________________________) APPLICANT’S NOTICE OF RELIANCE Pursuant to 37 C.F.R §2.122(e), Applicant Jackdaddy Inc., hereby submits this notice of reliance. Applicant submits that the identified Exhibits, and copies of the same submitted are printed/electronic publications, available to the general public, or of general circulation or accessibility among members of the public or that segment of the public which is relevant under an issue in this proceeding and therefore constitutes competent evidence. Applicant hereby submits the following evidence, along with identifying the respective sources and identifying the relevance and issue to which each pertains: • Exhibit 1 o Free Wikipedia results for “Jack (given name)” o Available at http://en.wikipedia.org/wiki/Jack_(given_name) o Accessed on 1/11/2018 o Relevant to show connotation of Applicant’s mark and Opposer’s mark • Exhibit 2 o Registration information for caddiejack.com o Available at https://www.whois.com/whois/caddiejack.com o Accessed on 1/12/2018 o Relevant to show intent of usage by Applicant. • Exhibit 3 o Registration information for caddyjack.com o Available at https://www.whois.com/whois/caddyjack.com o Accessed on 1/12/2018 o Relevant to show intent of usage by Applicant. • Exhibit 4 o Caddyjack Facebook page o Available at https://www.facebook.com/pg/Caddyjack- 193323907956737/about/?ref=page_internal o Accessed on 5/13/18 o Relevant to show connotation of Applicant’s mark o Relevant to show Applicant’s bona fide intent to use Applicant’s mark • Exhibit 5 o Free etymology results for “Caddie” o Available at https://www.etymonline.com/word/caddie o Accessed on 1/11/2018 o Relevant to show connotation of Applicant’s mark and lack of likelihood of confusion • Exhibit 6 o Free Wikipedia results for “Caddie” o Available at https://en.wikipedia.org/wiki/Caddie o Accessed on 1/11/2018 o Relevant to show connotation of Applicant’s mark and lack of likelihood of confusion • Exhibit 7 o Free dictionary and etymology results for “Caddie” o Available at https://www.dictionary.com/browse/caddy?s=t o Accessed on 1/11/2018 o Relevant to show origin of meaning of word and possible source of confusion/lack thereof o Relevant to show connotation of Applicant’s mark and lack of likelihood of confusion • Exhibit 8 o Free dictionary and etymology results for “Caddy” o Available at https://www.dictionary.com/browse/caddy?s=t o Accessed on 1/11/2018 o Relevant to show origin of meaning of word and possible source of confusion/lack thereof o Relevant to show connotation of Applicant’s mark and lack of likelihood of confusion. • Exhibit 9 o Free dictionary and etymology results for “Cat” o Available at https://www.dictionary.com/browse/cat?s=t o Accessed on 1/11/2018 o Relevant to show origin of meaning of word and possible source of confusion/lack thereof. o Relevant to the connotation of Opposer’s mark. • Exhibit 10 o Target Creative Publication regarding brand “Cat&Jack” o Available at http://www.targetcreativestudio.com/catandjack o Accessed on 1/11/2018 o Relevant to show nature of Opposer’s usage of Opposer’s mark o Relevant to show difference in business and usage of terms between Applicant and Opposer and lack of likelihood of confusion. • Exhibit 11 o Target corporate article o Available at http://corporate.target.com/article/2017/10/cat-and-jack-adaptive- apparel o Accessed on 1/11/2018 o Relevant to show nature of Opposer’s usage of their mark o Relevant to show difference in business and usage of terms between Applicant and Opposer and lack of likelihood of confusion. • Exhibit 12 o Target corporate article o Available at https://corporate.target.com/article/2016/07/introducing-cat-and-jack o Accessed on 1/11/2018 o Relevant to show nature of Opposer’s usage of their mark o Relevant to show difference in usage of terms between Applicant and Opposer and lack of likelihood of confusion. • Exhibit 13 o Free dictionary and etymology results for “Jack” o Available at https://www.dictionary.com/browse/jack?s=t o Accessed on 1/11/2018 o Relevant to show connotation of Applicant’s mark o Relevant to show connotation of Opposer’s mark. • Exhibit 14 o Free Wikipedia results for “Jack” o Available at https://en.wikipedia.org/wiki/Jack o Accessed on 1/11/2018 o Relevant to show connotation of Applicant’s mark o Relevant to show connotation of Opposer’s mark • Exhibit 15 o Industry Dive article discussing Target’s new children’s and babies clothes line called “Cat & Jack” o Available at https://www.retaildive.com/news/target-overhauls-kids-apparel-line- under-new-cat-jack-brand/422289 o Accessed on 1/11/2018 o Relevant to show usage of Opposer’s mark in commerce and lack of likelihood of confusion. • Exhibit 16 o Art Factory Tees Chicago o Available at http://artfactorytees.com o Accessed on 11/6/2018 o Relevant to show Applicant’s bona fide intent to use Applicant’s mark. • Exhibit 17 o Strange Cargo Tees o Available at http://www.strangecargo.com o Accessed on 11/6/2018 o Relevant to show Applicant’s bona fide intent to use Applicant’s mark. • Exhibit 18 o One Hour Tees o Available at http://www.onehourtees.com o Accessed on 11/6/2018 o Relevant to show Applicant’s bona fide intent to use Applicant’s mark. • Exhibit 19 o Shirts Illustrated, Inc. o Available at http://shirtsillustrated.weebly.com o Accessed on 11/6/2018 o Relevant to show Applicant’s bona fide intent to use Applicant’s mark. Date: April 19, 2019 Respectfully Submitted, _/KevinKeener/_____________ Kevin J. Keener KEENER & ASSOCIATES, P.C. 161 N. Clark Street, Suite 1600 Chicago, IL 60601 Telephone: (312) 523-2164 [email protected] Attorney for Applicant CERTIFICATE OF SERVICE I hereby certify that a copy of the forgoing Applicant’s Notice of Reliance was served upon Opposer by electronic mail, on this 19th day of April, 2019 at the following email address: James R. Steffen Faegre Baker Daniels LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 [email protected]; [email protected]; [email protected] _/KevinKeener/_______________ Kevin Keener EXHIBIT 1 Jack (given name) - Wikipedia Not logged in Talk Contributions Create account Log in Article Talk Read Edit View history Search Wikipedia Go Jack (given name) From Wikipedia, the free encyclopedia Main page Contents Jack /ˈdʒæ k/ is a male given name , although in some Jack Featured content cases it can be used as a female given name (a shortened Current events versioned of "Jacqueline" or "Jackie", for example),[1] Pronunciation dʒæk (jak) Random article and sometimes as a surname. In English Jack is Gender Male Donate to Wikipedia traditionally used as the diminutive form of John ; it can Origin Wikipedia store be used also as diminutive for Jacob and sometimes for Word/name Middle English, indirect Interaction James due to its French form Jacques . Jack is now diminutive of "John". It could be derived also from Jacques , the Help also a proper name in its own right. French form for Jacob or James About Wikipedia The name Jack is unusual in the English language for its Meaning "God Is Gracious" or Community portal frequency of use as a verb and a noun for many common Recent changes "Supplanter" objects and actions, and its use in many compound Contact page Other names words and phrases, e.g.: apple jack, hijack, jack of clubs Tools (playing card), jack straw (scarecrow), jack tar (sailor), Nickname(s) Jackie , Jacky Related John , Jacob , Jackie , James , What links here jack-in-the-box, jack-of-all-trades, jack o'lantern, names Jackson , Johnny , Jacqueline , Related changes jackdaw, jackhammer, jackknife, jackpot, lumberjack, Jacques , Jake , Jay , Jaco , Upload file union jack, etc. The Encyclopædia Britannica article Jacobi Special pages on the history of the word "jack" linked it directly to the Permanent link common name: "Jack, a word with a great variety of Page information Wikidata item meanings and applications, all traceable to the common [2] Cite this page use of the word as a by-name of a man." Print/export Contents [hide] Create a book 1 Origin Download as PDF 2 Frequency Above is a map which shows where the Printable version 2.1 Given name name Jack is most popular in green. 2.2 Surname In other projects 3 People with given name Jack Wikimedia Commons 4 Fictional characters 4.1 Film Languages 4.2 Literature Deutsch 4.2.1 Nursery rhymes Íslenska 4.3 Music Italiano 4.3.1 Songs Nederlands 4.4 Television Norsk Norsk nynorsk 4.5 Video games Русский 5 Mascots Edit links 6 Other uses JACK_00122 https://en.wikipedia.org/wiki/Jack_(given_name)[1/11/2018 12:17:32 PM] Jack (given name) - Wikipedia 7 See also 8 References Origin [ edit ] Jack is thought to hark back to Medieval times as a common derivative of the name John.
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