Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA683224 Filing date: 07/13/2015 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 CCA & B, LLC Granted to Date 07/11/2015 of previous ex- tension Address 3350 Riverwood ParkwaySuite 300 Atlanta, GA 30339 UNITED STATES

Attorney informa- James H. Johnson, Jr. tion Sutherland Asbill and Brennan LLP 999 Peachtree Street NESuite 2300 Atlanta, GA 30309 UNITED STATES [email protected], [email protected], dav- [email protected], [email protected] Phone:404-853-8395 Applicant Information

Application No 86472166 Publication date 05/12/2015 Opposition Filing 07/13/2015 Opposition Peri- 07/11/2015 Date od Ends Applicant Ardwin Products LLC 3017 Prairie Ave Royal Oak, MI 48073 UNITED STATES Goods/Services Affected by Opposition

Class 028. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Plush dolls Grounds for Opposition

False suggestion of a connection Trademark Act section 2(a) Priority and likelihood of confusion Trademark Act section 2(d) Dilution Trademark Act section 43(c) Other Lack of bona fide intent to use the mark Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3533459 Application Date 01/10/2008 No. Registration Date 11/18/2008 Foreign Priority NONE Date Word Mark THE ON THE SHELF Design Mark

Description of NONE Mark Goods/Services Class 016. First use: First Use: 2005/10/01 First Use In Commerce: 2005/10/01 Children's activity books; Children's books Class 028. First use: First Use: 2005/10/01 First Use In Commerce: 2005/10/01 Dolls and children's books, sold as a unit

U.S. Registration 3553223 Application Date 03/18/2008 No. Registration Date 12/30/2008 Foreign Priority NONE Date Word Mark THE ELF ON THE SHELF Design Mark

Description of The mark consists of the words the ELF on the SHELF". The word "the" appears Mark in red lower-case lettering. Directly below the word "the" appears the word "ELF" which consists of yellow upper-case lettering outlined in red. Directly belowthe word "ELF" appears the words "on the" which consist of red lower-case lettering. Directly below the words "on the"appears the word "SHELF" which appears in yellow upper-case lettering outlined in red. Goods/Services Class 016. First use: First Use: 2005/09/01 First Use In Commerce: 2005/09/01 Children's activity books; Children's books Class 028. First use: First Use: 2005/09/01 First Use In Commerce: 2005/09/01 Dolls and children's books, sold as a unit

U.S. Registration 4626171 Application Date 10/15/2013 No. Registration Date 10/21/2014 Foreign Priority NONE Date Word Mark THE ELF ON THE SHELF Design Mark

Description of NONE Mark Goods/Services Class 003. First use: First Use: 2013/09/01 First Use In Commerce: 2013/09/01 Cosmetics

U.S. Application 86276531 Application Date 05/09/2014 No. Registration Date NONE Foreign Priority NONE Date Word Mark THE ELF ON THE SHELF Design Mark

Description of NONE Mark Goods/Services Class 011. First use: First Use: 0 First Use In Commerce: 0 Flameless candles Class 014. First use: First Use: 0 First Use In Commerce: 0 Jewelry, namely, bracelets, earrings, necklaces and watches Class 016. First use: First Use: 0 First Use In Commerce: 0 Window decor, namely, window cling decals Class 020. First use: First Use: 0 First Use In Commerce: 0 Decorative pillows Class 021. First use: First Use: 0 First Use In Commerce: 0 Vases Class 024. First use: First Use: 0 First Use In Commerce: 0 Blankets, namely, bedding blankets and throw blankets Class 025. First use: First Use: 0 First Use In Commerce: 0 Clothing, namely, sleepwear, underwear,shirts, pants, socks, dresses, hats, hooded blankets, hooded ponchos, wearable throws in the nature of throws with sleeves, headbands, head wraps Class 026. First use: First Use: 0 First Use In Commerce: 0 Hair accessories, namely, hair ties, hair pins and hair clips

U.S. Application 86688571 Application Date 07/09/2015 No. Registration Date NONE Foreign Priority NONE Date Word Mark THE ELF ON THE SHELF Design Mark

Description of NONE Mark Goods/Services Class 014. First use: First Use: 0 First Use In Commerce: 0 Jewelry

U.S. Application 86688533 Application Date 07/09/2015 No. Registration Date NONE Foreign Priority NONE Date Word Mark THE ELF ON THE SHELF Design Mark

Description of NONE Mark Goods/Services Class 011. First use: First Use: 2011/05/00 First Use In Commerce: 2011/05/00 Electric night lights; Electrically-lighted yard decorations Class 016. First use: First Use: 2013/10/01 First Use In Commerce: 2013/10/01 Gift bags; Gift wrap; Gift tags; Gift boxes; Stickers; Calendars; Art pictures Class 020. First use: First Use: 2013/08/01 First Use In Commerce: 2013/08/01 Picture frames; Outdoor inflatable decorations; Plastic cake toppers and decora- tions Class 021. First use: First Use: 2011/08/01 First Use In Commerce: 2011/08/01 Candy boxes; Drinking cups; Ceramic plates and bowls; Cookie pans, cake molds Class 024. First use: First Use: 2011/08/01 First Use In Commerce: 2011/08/01 Placemats; Table runners; Cotton and polyester fabric; Textile wall hangings; Fabric elf characters Class 025. First use: First Use: 2014/09/01 First Use In Commerce: 2014/09/01 Costumes for use in dress-up play Class 026. First use: First Use: 2014/09/30 First Use In Commerce: 2014/09/30 Shoe ornaments Class 028. First use: First Use: 2009/09/04 First Use In Commerce: 2009/09/04 Playing cards; Memory games; Board games; Party games; Puzzles; Christmas tree skirts; Plush dolls; Christmas tree ornaments; Snow globes; Toy miniature buildings; Figurines; Craft kits for making Christmas stockings Class 030. First use: First Use: 2013/08/01 First Use In Commerce: 2013/08/01 Hot chocolate; Cookies; Gingerbread houses; Candy decorations for cakes; Chocolate

Attachments 77368580#TMSN.png( bytes ) 77424678#TMSN.png( bytes ) 86092146#TMSN.png( bytes ) 86276531#TMSN.png( bytes ) 86688571#TMSN.png( bytes ) 86688533#TMSN.png( bytes ) Notice of Opposition - MONSTER ON THE SHELF1.pdf(5931587 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 /James H. Johnson, Jr./ Name James H. Johnson, Jr. Date 07/13/2015

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

CCA and B, LLC OPPOSITION NUMBER: Opposer,

v.

Ardwin Products LLC

Applicant. ______

Attn: Trademark Trial & Appeal Board Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451

NOTICE OF OPPOSITION

CCA and B, LLC, a Georgia limited liability company with a principal place of business at 3350 Riverwood Parkway, Atlanta, Georgia, 30339 (“CCA&B” or “Opposer”) believes it would be damaged by the registration of the mark THE MONSTER ON THE SHELF for

“plush dolls” shown in Application Serial No. 86/472,166 by Ardwin Products LLC (“Ardwin

Products” or “Applicant”) and hereby opposes the same.

As grounds for opposition, Opposer alleges as follows:

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PROCEDURAL HISTORY

1. Applicant filed a trademark application assigned Application Serial No. 86/472,166 (the

“Application)” in the United States Patent and Trademark Office to register the mark

THE MONSTER ON THE SHELF for use in connection with the sale of “plush dolls” in

International Class 28 on December 5, 2014.

2. The Application was based on Applicant’s alleged intent to use the mark THE

MONSTER ON THE SHELF in connection with the sale of Applicant’s goods in

interstate commerce; by and through the Application, Applicant seeks registration for

THE MONSTER ON THE SHELF as a mark for Applicant’s goods.

3. The Application was published for Opposition in the Official Gazette of May 11, 2015.

4. On May 12, 2015, Opposer timely filed a request for a 30-day extension of time to

oppose the Application for Applicant’s mark. The Trademark Trial and Appeal Board

granted Opposer an extension of time to oppose until July 11, 2015. July 13, 2015, is the

first business day following July 11, 2015, which was a Saturday.

BACKGROUND OF OPPOSER

5. CCA&B is a family owned and operated publishing company, founded by Carol

Aebersold with her daughters Chanda Bell and Christa Pitts.

6. In 2005, Aebersold and Bell co-authored a children’s book entitled “The Elf on the Shelf:

A Christmas Tradition,” which continues to be published, marketed, and sold throughout

the United States.

7. “The Elf on the Shelf: A Christmas Tradition” is always sold alongside a plush “Scout

Elf” doll.

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8. In connection with continued sale of its Scout Elf dolls and children’s book, CCA&B

obtained a registration from the United States Patent and Trademark Office for the word

mark THE ELF ON THE SHELF, No. 3533459, on November 18, 2008.

9. The registration for THE ELF ON THE SHELF word mark is valid and incontestable

pursuant to 15 U.S.C. §§ 1065 and 1115(b).

10. CCA&B owns a second registration from the United States Patent and Trademark Office

for the design plus word mark for the stylized version of its THE ELF ON THE SHELF

trademark, No. 3553223, registered on December 30, 2008.

11. The registration for THE ELF ON THE SHELF design mark is valid and incontestable

pursuant to 15 U.S.C. §§ 1065 and 1115(b).

12. Registrations 3533459 and 3553223 for THE ELF ON THE SHELF are for goods in

international classes 16 and 28, covering “children’s activity books; children’s books; and

dolls and children’s books, sold as a unit.”

13. In November 2013, CCA&B launched a new THE ELF ON THE SHELF children’s book

entitled “The Elf on the Shelf: A Birthday Tradition.”

14. Since launching the Christmas book and doll, CCA&B has been continually expanding

its THE ELF ON THE SHELF brand. CCA&B is actively licensing THE ELF ON THE

SHELF trademark for use on more than a hundred different licensed products.

15. CCA&B holds a valid trademark registration for THE ELF ON THE SHELF word mark

in international class 3 for cosmetics, Reg. no. 4,626,171, and has pending applications

for the same mark in classes 11, 14, 16, 20, 21, 24, 25, 26, 28, and 30 (Apps.

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86/276,5311; 86/688,571; and 86/688,533) for a wide variety of other goods and services,

including “plush dolls.”

16. CCA&B has sold “plush dolls” in connection with THE ELF ON THE SHELF trademark

since at least September 4, 2009. A true and correct screenshot of CCA&B’s plush doll

offered for sale through an authorized Internet retailer is attached hereto as Exhibit A.

17. CCA&B has expended substantial time, effort, and money to advertise and publicize

THE ELF ON THE SHELF, and to foster the public’s identification of its THE ELF ON

THE SHELF mark with CCA&B’s products.

18. Opposer’s THE ELF ON THE SHELF brand is primary marketed to families with small

children.

19. Products bearing THE ELF ON THE SHELF marks are sold through both brick and

mortar retail stores and via the Internet.

20. For the past three years, CCA&B’s Scout Elf doll giant balloon character has directly

preceded Santa Claus in the Annual Macy’s Thanksgiving Day Parade, watched by more

than 3.5 million live spectators and more than 50 million additional television viewers all

over the world. A true and correct copy of NBC Universal’s press release for the 88th

Annual Macy’s Thanksgiving Day Parade® is attached hereto as Exhibit B.

21. In December 2014, “The Elf on the Shelf: A Christmas Tradition” reached number one

on USA Today’s bestseller list for the second year in a row. USA Today has called THE

ELF ON THE SHELF “as ubiquitous as Santa himself.” A true and correct copy of the

USA Today article is attached hereto as Exhibit C.

1 App. 86/276,531 has published, received a notice of allowance, and Opposer has filed a Statement of Use with accompanying specimens. Opposer believes the registration for this application will issue during the pendency of the Opposition.

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22. As a result of the extensive promotion by CCA&B, and CCA&B’s careful attention to

quality, CCA&B has created substantial goodwill and value in THE ELF ON THE

SHELF trademark.

23. By virtue of extensive advertising, promotion and sales in interstate commerce, THE ELF

ON THE SHELF has become widely recognized by the general consuming public of the

United States as a designation of source of CCA&B’s products.

24. THE ELF ON THE SHELF is a famous mark.

BACKGROUND ON OPPOSER CCA & B

25. Upon information and belief, Applicant is primarily in the business of manufacturing,

marketing, and selling pet toys.

26. Applicant’s pet toys are primarily distributed via direct sales over the Internet, and also at

several brick and mortar independent retailers.

27. Applicant is the owner of two registered trademarks, UNBREAKOBALL (Reg. No.

3,940,901) and GOT BALLS? (Reg. No. 4,629,821), both registered in international class

28 for pet toys.

28. Applicant operates a website at , selling its signature

UNBREAKOBALL2 along with various other types of toys, including plush dolls. A

true and correct screenshot of Applicant’s website is attached hereto as Exhibit D.

29. Upon information and belief, Applicant is not yet selling any product under the

designation THE MONSTER ON THE SHELF.

2 Opposer expresses concern over the fact that Applicant claims on its website that “Unbreakoball is patent pending” when the date of first use in Reg. 3,940,901 is in 2010, and no patent application naming Ardwin Products as assignee, or Thor Ardwin as inventor, has ever published.

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30. Applicant’s priority date for THE MONSTER ON THE SHELF can only go back as

early as December 5, 2014, many years after Opposer’s THE ELF ON THE SHELF mark

was first used, registered, and became famous.

STANDING

31. Opposer alleges it has a direct stake in the outcome of the present proceeding, and will

suffer injury in fact through the registration of the Application.

ARGUMENTS

Likelihood of Confusion – Lanham Act § 2(d) – 15 U.S.C. § 1052(d)

32. Paragraphs 1–31 are incorporated herein by reference.

33. Numberous factors establish the likelihood that Applicant’s proposed mark will cause

confusion as prohibited under 15 U.S.C. § 1052(d).

34. Applicant’s mark is in the same format as Opposer’s mark, namely, “THE [SUBJECT]

ON THE SHELF” and shares four of the same five words, presented in identical order.

35. There are no registered trademarks for any other goods in the format of “THE

[SUBJECT] ON THE SHELF” other than those belonging to Opposer.

36. The dominant portion of both Applicant’s and Opposer’s multi-word mark is the arbitrary

use of “ON THE SHELF.”

37. The only difference between Applicant’s mark and Opposer’s mark is the use of the word

“monster” instead of the word “elf.”

38. Merriam-Webster dictionary defines a “monster” as “a strange or horrible imaginary

creature.” A true and correct copy of the Merriam-Webster definition of

“monster” is attached hereto as Exhibit E.

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39. Similarly, the Oxford English Dictionary defines “elf” as “a class of supernatural beings .

. . [that] possess formidable magical powers for the benefit or the injury of mankind.” A

true and correct copy of the Oxford English Dictionary definition of “elf” is attached

hereto as Exhibit F.

40. Dungeons and Dragons, the world’s most popular role-playing game, recognizes an “elf”

is one kind of “monster.” The Dungeons and Dragons “” lists “elf” as

one of the many “monsters” one might encounter in the game. A true and correct

reproduction of the relevant entry in the “Dungeons and Dragons® Monster Manual Core

Rulebook III v.3.5” is attached hereto as Exhibit G.

41. “Monsters” are part of a broad group of imaginary creatures, of which an “elf” is one

typical kind.

42. THE MONSTER ON THE SHELF conveys to consumers the same overall meaning as

THE ELF ON THE SHELF.

43. Applicant’s mark and Opposer’s mark are similar as to appearance, sound, connotation,

and overall commercial impression.

44. Opposer is entitled to a wide latitude of protection for its famous THE ELF ON THE

SHELF mark, which may be “the dominant factor in the likelihood of confusion analysis

. . . independent of the relatedness of the goods.” Recot, Inc. v. M.C. Benton, 214 F.3d

1322, 1328, 54 USPQ2d 1894, 1989 (Fed. Cir. 2000).

45. Applicant proposes to use the applied-for mark in connection with the sale of “plush

dolls,” which is a similar and/or related (if not identical) good to which Opposer affixes

its marks.

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46. Upon information and belief, Applicant offers its current goods, at least in part, to the

same, substantially the same, or related classes of purchasers as Opposer, namely families

with small children.

47. Upon information and belief, Applicant intends to market its “plush dolls” to the same,

substantially the same, or related classes of purchasers as Opposer, namely, families with

small children.

48. Applicant’s current goods and Opposer’s goods travel in the same or similar established

trade channels, namely, over the Internet.

49. Applicant’s use of THE MONSTER ON THE SHELF is intended to trade off of the

goodwill associated with Opposer’s THE ELF ON THE SHELF mark and is intended to

evoke Opposer’s mark.

50. Opposer’s THE ELF ON THE SHELF is a strong mark.

51. Upon information and belief, Applicant is unable to establish priority of use or priority of

rights in the United States over Opposer in regards to its trademark application.

52. Applicant’s THE MONSTER ON THE SHELF mark so resembles Opposer’s registered

marks as to be likely, when used on or in connection with plush dolls, to cause confusion

or mistake, or to deceive consumers as to the source or origin of the goods.

False Association or Endorsement – Lanham Act § 2(a) – 15 U.S.C. § 1052(a)

53. Paragraphs 1–52 of the Opposition are incorporated herein by reference.

54. Applicant’s mark is the same or is a close approximation of Opposer’s registered

trademarks.

55. Upon information and belief, consumers will immediately recognize Applicant’s mark as

a close approximation of Opposer’s mark, its business, and products.

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56. Opposer’s registered trademarks are sufficiently famous such that Applicant’s

registration and/or use of the applied-for mark is likely to create a presumed connection

to Opposer, its business, and products in the minds of consumers.

57. Opposer has no affiliation, association, or connection, past or present, with the Applicant,

and has not authorized Applicant to use its trademark, nor does Applicant have the

consent, sponsorship, approval or certification of Opposer.

58. Applicant’s use of a mark substantially similar to Opposer’s mark is likely to create a

false impression of sponsorship, affiliation, and/or connection between Applicant’s and

Opposer’s businesses and/or products.

Dilution by Blurring – Lanham Act § 13(a) & 43(c) – 15 U.S.C. § 1063(a) & 1125(c)

59. Paragraphs 1–58 of the Opposition are incorporated herein by reference.

60. Opposer’s THE ELF ON THE SHELF mark is famous and inherently distinctive, and

subject to protection from trademark dilution under 15 U.S.C. § 1125(c).

61. Applicant’s mark is intended to evoke Opposer’s mark.

62. There are no other registered marks in the format of Opposer’s mark, namely “THE

[SUBJECT] ON THE SHELF.”

63. Applicant’s registration and/or use of a mark in the format of “THE [SUBJECT] ON

THE SHELF” will blur the identification of Opposer’s famous mark, and dilute the

distinctive quality of the mark.

Lack of Bona Fide Intent to Use The Mark – Lanham Act § 1(b) – 15 U.S.C. § 1051(b)

64. Paragraphs 1–63 of the Opposition are incorporated herein by reference.

65. Opposer has made several attempts to contact Applicant to request information regarding

the proposed use of the applied-for mark.

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66. Applicant has refused to provide any information to Opposer, and has not taken any

objective steps toward manufacture or marketing of the goods described in the

Application.

67. Upon information and belief, Applicant did not have a bona fide intent to use the applied-

for mark in connection with the goods identified in the Application as of its filing date.

CONCLUSION

68. Opposer would suffer economic damages and/or injury to the value of its trademarks by

registration of the Applicant’s mark because such registration would constitute prima

facie evidence of Applicant’s exclusive right to use Applicant’s mark for and in

connection with Applicant’s goods, which would be inconsistent with and detrimental to

Opposer’s prior, established, and superior rights in its famous and incontestable mark.

69. Opposer would suffer economic damages and/or injury to the value of its trademarks by

registration of the Applicant’s mark due to a likelihood of consumer confusion by

Applicant’s adoption of a mark substantially similar to Opposer’s registered trademarks.

70. Opposer would suffer economic damages and/or injury to the value of its trademarks by

registration of the Applicant’s mark proximately caused by the likelihood of false

association or false endorsement of Applicant’s products or business by Opposer.

71. Opposer would suffer economic damages and/or injury to the value of its trademarks by

registration of the Applicant’s mark because such use would dilute Opposer’s famous

mark.

72. The Application should be denied for lack of bona fide intent to use the applied for mark

in connection with the goods identified in the Applications as of its filing date.

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73. For all of the foregoing reasons, the registration of the Application is contrary to the

provisions of Section 2 of the Lanham Act, and Opposer believes it would be damaged

thereby.

PRAYER FOR RELIEF

74. Wherefore, Opposer respectfully prays that the application of Ardwin Products LLC,

namely U.S. Serial No. 86/397041, filed December 5, 2014 for the registration of the

mark THE MONSTER ON THE SHELF be refused, that no registration be issued

thereon to Applicant, and this opposition be sustained in favor of Opposer.

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Opposer has paid the necessary filing fees contemporaneously with the filing of this

Notice of Opposition. Please deduct any additional fees that may be due, or credit any overpayment to deposit account 195029.

DATED: July 13, 2015

Respectfully submitted,

/s/____James H. Johnson _____

SUTHERLAND ASBILL & BRENNAN LLP 999 Peachtree Street Atlanta, Georgia 30309-3996

Ann G. Fort [email protected]

James H. Johnson [email protected]

David C. Mayer [email protected]

ATTORNEYS FOR OPPOSER CCA and B, LLC

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Certificate of Service

This is to certify, in accordance with Rule 2.101 (b) of the Trademark Rules of Practice,

that I have this day served the foregoing Opposition on the Applicant, by causing a true and correct copy thereof to be deposited in the United States via First Class Mail, postage prepaid, addressed to the correspondent of record for the Applicant as follows:

Thor Ardwin Ardwin Products LLC 3017 Prairie Ave Royal Oak, MI 48073 and by forwarding a true and correct copy thereof by electronic mail to said correspondent at the following e-mail address: [email protected].

13th day of July, 2015,

/s/____James H. Johnsons _____

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EXHIBIT A

EXHIBIT B

EXHIBIT C

Book Buzz, 2014 WLNR 35082853

12/11/14 USA TODAY 04D 2014 WLNR 35082853

USA Today (USA) Copyright (c) 2014 USA Today

December 11, 2014

Section: LIFE

Book Buzz

Jocelyn McClurg

Top Elf: Yep, he's done it again. The Elf on the Shelf climbs to No. 1 on USA TODAY's Best-Selling Books list for the second straight year at exactly the same time, the second week of December. The Christmas phenom -- a box set featuring a book and a doll -- last hit No. 1 for the first time on Dec. 12, 2013. Since cracking USA TODAY's list in November 2009 at No. 127, the Elf has become as ubiquitous as Santa himself and is now a regular in Macy's Thanksgiving Day Parade. Parents (including such celebs as Cougar Town's Busy Philipps) place the little guy in different spots around the house to see who's been naughty or nice.

Human nature: Is Humans of New York on its way to becoming a modern Christmas classic? Brandon Stanton's book of photographs of city dwellers, based on his popular blog, rises to No. 12 from No. 27. Published last year, Humans entered the list at No. 5 on Oct. 24, 2013 and re-entered the top 50 last December. Now, in time for holiday giving, it's selling strongly again. This fall, Stanton published a new book geared to children: Little Humans, photos of pint-size New Yorkers. It entered the list at No. 55 on Oct. 16, fell out of the top 150 and is now back at No. 67.

What's cooking: The Barefoot Contessa has the undisputed hit cookbook of the holiday season. Ina Garten's Make It Ahead, now No. 14, entered the list at No. 3 on Nov. 6 and has been in the top 20 ever since. She offers tips on making recipes ahead of time, a boon to cooks during party season. Eight of Garten's cookbooks have been USA TODAY best sellers. Barefoot Contessa: Foolproof also hit No. 3, when it entered the list in November 2012.

---- Index References ----

News Subject: (Exchange Listings & Delistings (1EX12); Financial Markets (1FI87))

Industry: (Book Publishing (1BO18); Books (1BO26); Consumer Products & Services (1CO62); Department Stores (1DE95); Entertainment (1EN08); Financial Services (1FI37); Games & Toys (1GA85); General Merchandise Stores (1GE70); Publishing (1PU26); Retail (1RE82); Specialty Retailers (1SP71); Traditional Media (1TR30))

Region: (Americas (1AM92); New York (1NE72); North America (1NO39); U.S. Mid-Atlantic Region (1MI18); USA (1US73))

Language: EN

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 Book Buzz, 2014 WLNR 35082853

Other Indexing: (Brandon Stanton; Busy Philipps; Ina Garten)

Edition: FINAL

Word Count: 286

End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 2

EXHIBIT D

EXHIBIT E

EXHIBIT F

EXHIBIT G

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COAST, and the: \Vizards . ofthe Coast logo are registered trademarksowns.n.magical ---- Vortex origin if these are of Large size or sma.ll&r.Jhe cr:ea.t!Jil:_can_dispel Ele me ntal_ l-leight Weight Save DC Damage magical fire ir touches as dispel magiL(caster level equals elemen- Small 4 ft. 34 lb. 13 1d4 tal's HD). _ -+ f Medium 8 ft. _280Jb._ 15 1d6 er Vort ex (Su ):...Ilte elemental can rrans(orm itself into Large 16 ft. 2,250 lb. 19 2d6 rwhirlpool once every 1.0 minutes, provided it is underwater, allc Huge 32 ft . _ _l8,000 lb. 25 2d8_ p:ewain in rhar form for..upJ.QJ...r:Ql.IUd.iOLeYery 2 HD it hasJ Greater 36ft. 21,000 lb. 28 2d8 10-60 ft. vortex form, rhe elemental can move through rhe water or alo.n Elder 40ft. 24,000 lb. 31 2d8 10-60 ft. ph: bortom.at its swim speed. ----- .Ihe vortex is 5 feet wide at ｴｨｾ･Ｌ＠ up to 30 feet wide at rhe t 1 top. and 10 feet or more..t:all,_ckp.en.ding.. on the elemental's size. ELF I Jhe elemental controls th.e...exact height, but it must be at least This humanoid, slender and slightly shorter than ll.hurmm.. bgs pal!! skin 10 feet. and dark hqjr. Pointed ears grace the sides of ｩｴｵＮｗｬｧｾＮ＠ ｉｾ＠ The elemental's..movemenr while in vortex form does nor pro- armor wdlJ:J.._a ntW.lral, forest-themed design ｴｨ｡ｵｰｾ｡ｌｕｬＮｬｧｧｮ ｩ ｣＠ jnsteadi voke attacks of opporrunit:y,.even if rhe elemental enters the space of worked and crafted. ___ ..anothe.u;r.eature occupies..An.orher creature might be caught in he vo;:rex..if it touches or enters rhe vortex, or if rhe elemenralt es are aloof guardians of the forests, studying magic and sword- vesinm...or.thm.Ygh the creature's space. y for the duration...o.Uh.,etr long liYes. + Creatures one or more size categories smaller than the ele- Elves average 5 feet tall and typically weigh just over 100 Rmental might take damage when caught in the vortex (see the • pounds. They live on fruits and grains, th.o_ygh they occasion_ally table below for details) and may be swept up by ir. An affected hunt for fresh meat. Elves prefer cclod.ulcl.othes,..u_Sllally J'iith. a1 creature must succeed on a Reflex save when it comes into con- ｧｲ･･ｮＭ｡ｮ､Ｍｧｴ｡ｾ＠ ..doak that..blenbell with.t.hf ccloJ:S..o£the£oxesr. tact with the vortex or rake the indicated damage. It must also They appreciate..beaurifuJJhings, from elega.oJ ｪ･ｾ Ｎ ､｣ｹｊｑｊｬｴｮＺ｡｣Ｍ succeed on a second Reflex save or be picked up bodily and held tive flowers to decorated clothing and tool,.____ _ suspended in the powerful currents, automatically taking Like dwarves, elves are ｣ｲ｡ｦｴｭ｡ｳｴ･ｲｳＮｾｧｬｵｨ･ｹ＠ work in damage each round. An affected creature_is allowed a Reflex wood and metal rather than metal and stone Eken..items are I;:ave each_round to escape the vortex, The creature still rakes ｾ ｰｲｩｺ･､＠ by other takes., and many elven comm.u.uities ｨ｡ｹ･ＮＮＮＢＧＭＢＧ ＮｬＮｕＮｉｾ ｉﾭ ｾ ､ ｡ ｭ｡ｧ･Ｌ＠ but can leave if the save is successful.Jhe DC for saves prosperous by trading crafted goods with other.peoplesin.and out against the vor.tex's effects varies W.th the ･ ｬ ･ｭ･ｾｺ･Ｎ＠ The of the forests. r ave DC is Strength-based. __ __ Elves speak_Elven, and most also know <:;_omm.ou._an Creatures trapped in the vortex cannot..lllQY..e except.to go Sylvan. ___ _ w_here the elemental carries them or to es.Qlp..e...th.e__ Most elves encountered outside their homes ｡ｾ･＠ warrioAS· whirlwind. Creatures caught in the whidwind __｟ＮＬＮ｟｟ＬＮｾ｟Ｌ＠ the information presented here is for one of 1st level __ rcan othenrise act normally, ｢ｵｴ｟ｭｵｳｵｮ｡ｫＮ｡ＮＭＢＧＬＮＮＮｾＧＱ＠ Concentration check (DC 10 +spell level) to cast a spell. ｃｾ［Ｎ･｟｡ｴｵｲＺ･ｳ＠ caught in the whirlwind ｴ｡ｫｾ＠ Elves are cautious warriors and take time._to analy2e their penalty to Dexterity and a - 2 penalty on attack opponents and the location of the fight if at all possible, rolls. The elemental can have only as many crea- maximizing thtil:... adxa.o.tage h}LUSing ambushes, tures trapped inside the vortex at one time as will snipers, and c_am.ouflage. They prefer to fire from fit inside the vortex's vol.wn.e. _....,...,.' cover and..r..e.ueat befu.r:e they are found, repeating The elemental can...eject any carried creatures this maneu.Y!!Luntilall.oirheir enemies are dead. whenever it wishes, depositing them wherever the They prefe.r:.longbo.ws._shortbows, rapiers, and vortex ha.ppeus to be ....A summo..ne.d elemental kngswo.r.ds. In melee, elves are always ejects qapped creatures before returning graceful and deadly, using com- to its hQ..Il}g_plane..__ plex maneuvers that are beautiful to If the vortex's base touches the bottom, it ere- observe. Their wizards often use sleep ares a swirling cloud of debris. This cloudiss..en- spells_d.w:ing combat because these Ｑ ｾ ･ｲ･ ､＠ on the elemental and has a diameter equal to won't affect or her elves. f:al.l th.e vortex's height. The <;lQud El.f...n:ait:s...(Ex): Elves possess the fol- obscures all vision, including dark: loJring.ucial traits. vision, beyond 5 fee.t...Cr:eanu:es 5 feet ＧＢＢＧｲ ＢＢＧＭＮＮＮＬＮ ｾ＠ - ....:r2_Dexterity, -2 Constitution. away have concealment, wile those _ ::M.edium size. farther away have_wtal conceal.mem. -An elf's base land speed is Those caught in_rhe ｣ｬｯｾｵｮ｡Ｎｫ｟･＠ a Concen- _3Pfeet. tration check (DC 15 + spelllevel) to_ -Immunity to sleep spells cast a spell. and effects, and a +2 racial sav-.... Jl, An elemental in vorrex.Jorm. ing throw bonus agai..us.Len- cannot make slam attacks an_d doe.s_ chantmen t spel!L.O...... ,"""".....,""-t n or threaten the area ax.pund it, (Not reflected ｩｮ ｌＭｌＮ ｉＮｌｓｩＮＮＮＮ［ｴａｾｉＦｴ＠ Skills:Awater elemental has a throw modifiers ｧｾ ･ＬｯＺ ･Ｎ＠ 8 ...racial \Jon us on...an.y_ Swirn,_ - =Lo.w:light...Yis.ii.Ub----t- heck..to_J1erto.rm...some special - Weap_ol.'l.b:oficiency: Elves ction or avoid...aJJ,azar.d. It can __ are aU1Q.mlltically proficient ｾ＠ ways choose to take 10 on a Swim check, even with the longsword, rapier, if ､ｩｳｴｾｲＮＮ･ｮ､｡ｮｧ･ｲ･､Ｎ＠ It can use the run action longbow, composite longbow, shorrbow, while swimming, provided it swims in a straight line. _ ___,a11d ｾｭｰｯｳｩｴ･＠ shorrbow. Elf, Ｑ ｳ ｴＭ ｌ･ｶ･ｾｲｩｯｲ＠ ______Drow, 1st-LeYe.ilYao:io.r______+2 r Medium Humanoid (Elf)__ Medium Human

- +2 racial bon us on Listen,_Search, and Spot che9e as stories, music, art, and dance. Treasures su_cil as elven music Alsc who merely passes within 5 £eet_cl_a secret or conce.a.le · and crafts disguise the fa cr that elves are dedicated warriors thes entitled to a Search ch_eck to notice it as if she were actively - determined to check the spread of ｾＱ＠ in the forests. bre; ing for it. ___ _ _ Elves eat little, ｡ｮ､｟｡ｬＮｴｨｭｬｾｽＧ＠ are omnivorous, they eat lane -Automatic ｌ｡ｮｧ ｙＮ｡ ｧ･ ｾｃｯ ｭ ｊｄＮｑ ｮＬ＠ Elven. Bonus Languages: more plants than meat..Ihis is ｰ｡ｲｴｬ ｹｾ ｵ ｳＮ｟･＠ of their affinity with The Draconic, Gnoll, Gnome, Gobli.u._Qu;, Sylvan. ｮ｡ｴｵｲ･ ｟ Ｈ ｾｹ＠ believe a ｨ ｾｳｾ ｮｌ｣ ｡ｵｳ･ｳ＠ less disruption to wav Ｍ ｆ ｡ｶｑｌ･Ｎ､｟ｾｾ ｡ｲ､ ＡＮＮ｟＠ ____ nat..ur.uban a slain ｡ｄｩｴｲｵＡｬ Ｉ ｟｡ｲｵｬｾ｣ ｡ｵｳ･＠ their fondness for dep roving requires food that is preserved more easily. dolr The elf warrior presented here had the following ability scores The... clru£el£d eity is , who is the creator and A before racLaladjustments: Str 13, ｄｾＮｊＮ［ｬＬ＠ Co..DJ.2, Int 10, Wis 9, protectox..pf the race. witl Cha8 _ SUBRAITS _CIETY _ -= The abovej nformation describes the.bigh elf, the most common elieve that in\kp.e.ndence andlreedom for the individ- variety. ｔｨｾ･＠ are fLve other.llli!j.Q,u.yb.races of elf, in addition to ; ual are more ｩｭｰｯｾ＠ r..he rigid..s_tructures of civilization, ｨ｡ｬｦ ｾＬ＠ wllo ..iliru:_e_enouglLcl.Yen characteristics to be el£r. so they tend to live and trayel in small bands. Th.ese bands jncluded here accept the ｬｯｯｳｾｯＮｌｩｴｹ ｟ｯｌ｡｟ｮｯ ｢ｬ･ Ｌ＠ who in turn owes alle- higl giance to arulven monarch (who rnles .his or her own band Half-Elf directly). Half-elves are not truly an elf subrace, but they are often mistaken Elves live in harmonY. w.ith.nature. building tempQiilry camps for elves. Th.ey may be outcasts from their parents' societies or wel-.J_ that blend into the ｴｲ･･ｳＭｾ＠ ｴｨ ｾｾ ｨ･＠ trees, comed.Jnto the elve.D or human community, depending_.Q.!Lthe peq away from prying eyes. ｔＮｨ･ｹＮＮｦｵＮＮｱＮｙｭｴｬｽｩｬｩ｡ｾｩｩｄｊｊｬｧｬｊｬｬｬｩｬｩ｡ｮｳ＠ or attitudes the two gro.Mp.s.have for each other. Ha - u u onr giant eagles watching theil:_hol11_es, .8Julven s_etdement contains inheti.u..good b.ko,d_o(their parents' physical characteristics, SQa w.c;.o.mhatants._(mostly_children) equal to 20% o.£.Ihe.lighting {half-!Lare a depraved and evil suhl:.er- ing near them. _ _ nean offshoot._ - +2 racial bonus_on .Diplomacy and Gather Informat" White is the mos.L<:Ql:tllll.QJl..bair color among drow, but almost h.ecks: Half-elves get alo.ng..n.awra.lly..J£itlullpeople. This b ty pale shade is possible. Drow tend to be smalle..wmd thinner., ay not apply in situations or. .seJtings where half-elves w ..s...Lclth-.E.e..roale - lven._Blood: For alLeffects related to race, a _ _ drow favor the cle.rj.c class ra ther th.ru:;:t lf-elf is con sidered a.n...elL.Half-dve.s, for wizard and h a.ye a<;;&ess tP...t.w..CUli example, are just asx uln.eDble to special the followlug domains· Cru.o...s+ effects that affect.e.kes..as.Jh.eir elf ancestors DestructiQD.,_fu:il., or ｔｲ ｩ ｣ ｫ ･ｲ ｾ＠ are, and they can Draw usually CJ>at.thei.Larm.ws . se magi.c.item.s..that_ with a potent venom.. ___ _ y usable by elves. Poison (Ex): An ｯｰｰｯｮ･ｮｾ ｴ＠ tt.Q.Ul.a.ti.c...Lang ua ges: _hit_by a drow's poisoneOf- on, Elven ._.Bonus Lan- w_eapon must succeed on a guages. Any (

· d ehce.s,__also known as grugach, are barbaric and.J:ribal. 1 - ETHEREAL FII.CHEJS Wild ･ ｬ ｶ ･ｳｾ｡ ｩｲ＠ color ranges li.o..m...b_b._clu_o_light brown, tMedium Aberratio 1 · ghtening to_silvery white with.. .a .ge They dress io simple Hit Dice:.5d8 (22 hp) ｾ＠ Initiative: +1L __ _ Speed: 40ft. (8 SqJ.Iar.es)__ _ Armor Class: 17 (±± D.e.x, +3 natural), touch 14, flat::.fuo.ted 13--f Base Attack/Grapple: +3/+3 ___ Attack: Bite +3 melee (1d4) Full Attack: Bite +3 melee (1d4) Space/ Reach: 5 ft./5 ft. Special Attacks: - Special Qualities..J2a..t:kris.io.u..Po.ft., detect magic, etherealjauuu.nu.t ____ Saves· Fort ±1. Re(+5, WilL:5 Abilitieschu_.,__: S ___tr 1D...D..ex..l..B...Con_ 11, Int 7, Wis 12, Skills.;J:.isten...±2.,_Sleight_o.f Hand +12, Spot +9 Feats: Dodge, Improved Initiative Environment: Underground Organization: Solitary Challenge..l\iili_ng: 3 ｔｲ･｡ｳｵｲ ｾｯｬｮｳ［＠ standard goods; double items Alignm.e..nt.:.Jlsually neutral Etherealfilcher ａ､ｶＮＮ｡ｮ｣ ｾ ･Ｎｭ｟･ｮ ｴ Ｚ＠ 6-7 HD (Medium); 8-15 HD..(Large) Level.t\djust ment: -

This bizarre creature stands nearly..Ps tall as a human, but that's where the sjmi/acly. ends. lt./:rru...a bag/ike l:wiy that balances on a single, poweif!Jl..kgJbQJ ends in ..a ｰｲ･ｨ ･ｮｳ ｩｬ･｟ｾｦ｡ ｣･＠ is located in the center ｯｾｹＮｊ＾ｩｩｴ｢Ｎｪ＠ · four e..)@s and a ｬ｡Ｎ｣ｧｾｌｄｊｑ ｵｴｨ Ｎ＠ Four long, multijointed cwm extendfwni the body eqch ei'JSijflg in liwg,_slender ｦｩｮｧ･ ｡ＮＮ ｾＭＭＭＭＭＭＭＭＧ＠

ｅｴｨ･Ｎｲ ｾ｡ｲ･Ｎｨｩｺ｡ｲｲ･ＮＺｬｯｯｫｩ ｮｧ＠ creatures with..a._penchant ＭＭＭＭＭＭＭｬＭＭＭＡＭ ｗｬＺＮＮＮＺｩＮｊｊＮｩｕＮｵｊＮｾｧＮＮＮｌｕｊＮｬｕｕＺｬｬｊｴＮｏＮＮｭＮＮＮｊｰｳ ｳ･ｲ ｳ｢ｹＮ＠ Their ability to move ｱＮｙｩＮ｣ｬ､ｾ･･ＮＮｮＮＮＮｴｨＮ･ＮＮＮｅＮｲｨ･ｲ･｡ｬ＠ Plane and the Material Plane makes ｾｰｯ ｣ｫ･ｴｳＮ＠ __