Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA244359 Filing date: 10/22/2008 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91178056 Party Plaintiff HUGO BOSS TRADE MARK MANAGEMENT GMBH & CO. KG Correspondence Lisa W. Rosaya Address Baker & McKenzie LLP 1114 Avenue of the Americas 44th floor New York, NY 10036 UNITED STATES [email protected], [email protected], [email protected] Submission Plaintiff's Notice of Reliance Filer's Name Julia R. Talke Filer's e-mail [email protected], [email protected] Signature /jrt/ Date 10/22/2008 Attachments CHILD BOSS - 2nd Notice of Reliance.pdf ( 301 pages )(8824653 bytes )
EXHIBIT 1
EXHIBIT 2 February 12, 2008 Masaru Igari 12740 Withers Way Austin, Texas (512)826-6782 Ms. Lisa W. Rosaya Baker & McKenzie LLP 1114 Avenue of The Americas New York, NY 10036
RE: Opposition No.91178056 against CHILD BOSS (App.Serial No. 78/929,460) Atty. Docket No.: 56183138-04
Dear Ms. Losaya:
Please find enclosed the following answers regarding the above referenced opposition proceeding:
i) Answer for Opposer’s First Set of Interrogatories, ii) Answer for Opposer’s First Set of Document Requests, and iii) Answer for Opposer’s First Set of Requests for Admission to Applicant.
Sincerely,
Masaru Igari PROOF OF SERVICE
I hereby certify that a true and complete copy of the foregoing APPLICANT’S ANSWER TO OPPOSER’S FIRST SET OF INTERROGATORIES was served:
Lisa W. Rosaya Attorney of Opposer Baker & McKenzie LLP 1114 Avenue of the Americas 44th floor New York, NY 10036 UNITED STATES Telephone: (212)626-4557 Fax: (212)310-1659 and the following e-mail address: [email protected] on February 12, 2008.
______Masaru Igari Defendant 12740 Withers Way Austin, Texas 78727 Telephone: (512)826-6782
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
______HUGO BOSS Trade Mark Management ) GmbH & Co. KG, ) ) Opposition No. 91178056 Opposer, ) ) Mark: CHILD BOSS v. ) Serial: 78/929,460 ) Masaru Igari, ) ) Applicant. ) ______)___
APPLICANT’S ANSWER TO OPPOSER’S INTERROGATORIES
Applicant, Masaru Igari, hereby files its Answer to Opposer’s Interrogatories:
The number of each answer is corresponding to the interrogatory number.
Answer No. 1 Child Boss Ltd Co. Answer No. 2 Betty Pu – Co-owner and wife of Masaru Igari knows that HUGO BOSS Trade Mark Management GmbH & Co. KG is opposing to Child Boss. Answer No. 3 None Answer No. 4 I have always wished to start my own business associated with something good for children. The business could be anything, but use great contents and materials that both children and parents can enjoy like books for children, toys for children, clothes for children, and etc. There is no special reason I picked clothes for children. As a matter fact, I offered HUGO BOSS Trade Mark Management GmbH & Co. KG that I was willing to change the goods (children’s clothes) to something else such as children’s books or toys when HUGO BOSS Trade Mark Management GmbH & Co. KG initially contacted me for their infringement concern. However HUGO BOSS Trade Mark Management GmbH & Co. did not adopt my offer.
My father, Koichi Igari, visited my home at Austin, Texas to see his first grand daughter from Japan in March 2005. My father observed his grand daughter’s free and unrestrained movements and told me “She is the center of this home. She is the child boss of this family.” And I really liked the sound of “Child Boss.” Therefore, I named my company as “Child Boss Ltd Co.” and applied for trademark as well.
Answer No. 5 No item is promoted or sold or proposed to be promoted at anytime in the WORLD. This infringement case makes me timid to move forward my business. Answer No. 6 Not Applicable Answer No. 7 Not Applicable Answer No. 8 Not Applicable Answer No. 9 Not Applicable Answer No. 10 www.childboss.com and www.childboss.net are reserved by me since April 18, 2006. However, both websites have not used and there is no content in each website due to this infringement case. Answer No. 11 Not Applicable Answer No. 12 Not Applicable Answer No. 13 Not Applicable Answer No. 14 Not Applicable Answer No. 15 I do not recall the date and circumstances upon which I first learned of Opposer and Opposer’s Marks: “HUGO BOSS.” There was no action I took as a result of such knowledge. I did not know any other BOSS mark until this infringement case. Answer No. 16 None Answer No. 17 None Answer No. 18 Not Applicable Answer No. 19 Not Applicable Answer No. 20 Question not cleared. Answer No. 21 None Answer No. 22 None Answer No. 23 Betty Pu – Co-owner and wife of Masaru Igari Answer No. 24 No one Answer No. 25 None Answer No. 26 No one. All are answered by me with best of my knowledge.
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
______HUGO BOSS Trade Mark Management ) GmbH & Co. KG, ) ) Opposition No. 91178056 Opposer, ) ) Mark: CHILD BOSS v. ) Serial: 78/929,460 ) Masaru Igari, ) ) Applicant. ) ______)___
APPLICANT’S ANSWER TO OPPOSER’S REQUESTS FOR ADMINISSIONS
Applicant, Masaru Igari, hereby files its Answer to Opposer’s Request for
Admissions:
The number of each answer is corresponding to the request number.
Answer No. 1 Admitted Answer No. 2 Admitted Answer No. 3 Admitted Answer No. 4 Objection. The question is not clear. Does the opposer offer children’s clothes? If no, then my answer is Denied. Answer No. 5 Not Applicable. No goods or service has offered to anyone yet. Answer No. 6 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 7 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 8 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 9 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 10 Denied. Answer No. 11 Admitted, but not limited to. Answer No. 12 No goods or service has offered to anyone yet. Answer No. 13 No goods or service has offered to anyone yet. Answer No. 14 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 15 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 16 Denied Answer No. 17 Denied Answer No. 18 Denied Answer No. 19 No goods or service has offered to anyone yet. Answer No. 20 No goods or service has offered to anyone yet. Answer No. 21 No goods or service has offered to anyone yet. Answer No. 22 Defendant lacks sufficient knowledge or information of normal and ordinary channels to admit or deny. Answer No. 23 Admitted Answer No. 24 Denied. Answer No. 25 Admitted, but only “Hugo Boss” and I did not know any other BOSS mark. Answer No. 26 Defendant lacks sufficient knowledge or information to admit or deny. Answer No. 27 Denied. Answer No. 28 Denied
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
______HUGO BOSS Trade Mark Management ) GmbH & Co. KG, ) ) Opposition No. 91178056 Opposer, ) ) Mark: CHILD BOSS v. ) Serial: 78/929,460 ) Masaru Igari, ) ) Applicant. ) ______)___
APPLICANT’S ANSWER TO OPPOSER’S DOCUMENT REQUESTS
Applicant, Masaru Igari, hereby files its Answer to Opposer’s Document
Requests:
The number of each answer is corresponding to the document request number.
Document Request No. 1 A copy of a letter from Office of the Secretary of State enclosed Document Request No. 2 A copy of a letter from Office of the Secretary of State enclosed Document Request No. 3 Child Boss is owned by Masaru Igari – Owner and his wife Betty Pu – Co-owner and there is no other a partner or employee at this moment Document Request No. 4 I do not have such document yet. I have just registered my company name and trademark so far. And this infringement case stops my next action for my business to move forward. Document Request No. 5 I do not have such document yet. I have just registered my company name and trademark so far. And this infringement case stops my next action for my business to move forward. Document Request No. 6 I do not have such document yet. I have just registered my company name and trademark so far. And this infringement case stops my next action for my business to move forward. Document Request No. 7 Not Applicable. I conducted the research myself by the following web-sites: www.register.com www.aplus.net http://tess2.uspto.gov/bin/gate.exe Document Request No. 8 Not Applicable. Document Request No. 9 Not Applicable. Document Request No. 10 Not Applicable. www.childboss.com and www.childboss.net are reserved by me since April 18, 2006, but they are not used and there is no content in each website due to this infringement case. I mention this since both websites include “childboss.” Document Request No. 11 Not Applicable. Document Request No. 12 Not Applicable. Document Request No. 13 Not Applicable. Document Request No. 14 Not Applicable. Document Request No. 15 Not Applicable. Document Request No. 16 Not Applicable. Document Request No. 17 Not Applicable. Document Request No. 18 Not Applicable Document Request No. 19 Not Applicable Document Request No. 20 Not Applicable Document Request No. 21 Not Applicable Document Request No. 22 Not Applicable Document Request No. 23 Not Applicable Document Request No. 24 Not Applicable Document Request No. 25 Not Applicable Document Request No. 26 Refer Answers for the interrogatories Answer No. 4 for details. Document Request No. 27 Refer Document Request No. 7 Document Request No. 28 Not Applicable Document Request No. 29 Not Applicable Document Request No. 30 Not Applicable Document Request No. 31 Not Applicable Document Request No. 32 Not Applicable. Document Request No. 33 Child Boss Ltd. Co. has not produced any product yet. I will start to create products with Child Boss logo when this opposition closes with my favor. Document Request No. 34 Not Applicable Document Request No. 35 Not Applicable. Document Request No. 36 Not Applicable Document Request No. 37 Not Applicable Document Request No. 38 Not Applicable Document Request No. 39 Not Applicable Document Request No. 40 I am not planning anything until this infringement case closes. Document Request No. 41 Not Applicable Document Request No. 42 Refer Answers for the interrogatories Answer No. 4 for details. In addition, Child Boss was my father’s coined word by looking at his grand daughter. Child Boss is created by my father’s sensibility. Document Request No. 43 I cannot think of any document at this moment Document Request No. 44 Not Applicable Document Request No. 45 Not Applicable Document Request No. 46 Not Applicable. Document Request No. 47 Not Applicable. Document Request No. 48 A copy of a letter from Notice of Publication Under 12(a) enclosed Document Request No. 49 Only HUGO BOSS Trade Mark Management GmbH & Co. has raised objection. Document Request No. 50 Not Applicable Document Request No. 51 I am not planning any font until this infringement case closes. Document Request No. 52 I am not planning any dimensions and configurations until this infringement case closes. Document Request No. 53 First, Refer Answers for the interrogatories Answer No. 4 and Answer for Document Request No 42 for details. They state how the Child Boss was created. 2nd, According to my quick research after this opposition, I do not recognize “Hugo Boss” or any other “Boss” sells Children’s and baby clothes. 3rd, “Boss” is a such general word and HUGO BOSS Trade Mark Management GmbH & Co. should not be able to monopolize its usage. 4th, If “Hugo Boss” is famous as HUGO BOSS Trade Mark Management GmbH & Co. mentioned and developed its business worldwide, then I assume that “Hugo Boss” must have certain styles, designs, and images on their product that are distinguished from others that attract their customers. Therefore, HUGO BOSS Trade Mark Management GmbH & Co. should not get nervous for any one and any company who does not even have a product. 5th, HUGO BOSS Trade Mark Management GmbH & Co. is hurting my business that has no intention to damage “Hugo Boss” business. Document Request No. 54 Not Applicable Document Request No. 55 Not Applicable Document Request No. 56 Refer Answers for the interrogatories Answer No. 26 Document Request No. 57 Not Applicable. Document Request No. 58 I used my limited time to study to answer for the Notice of Opposition using websites. I found that HUGO BOSS Trade Mark Management GmbH & Co. opposes number of companies like my case and I referred some of the case but I do not remember these details. Document Request No. 59 I do not have any at this moment. Document Request No. 60 I answered all of the questions honestly
EXHIBIT 3 MASARU IGARI
Page 1
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Hugo Boss Trade Mark ) Management GmbH & Co. KG, ) ) Opposer, ) ) v. ) Opposition No. 91178056 ) Masaru Igari, ) ) Applicant. )
***********************************************
ORAL DEPOSITION OF
MASARU IGARI
MAY 9, 2008
ORIGINAL
***********************************************
ORAL DEPOSITION OF MASARU IGARI, produced as a
witness at the instance of the Opposer, and duly
sworn, was taken in the above-styled and numbered
cause on the 9th day of May, 2008, from 9:19 a.m. to
11:37 a.m., before STEVEN STOGEL, CSR in and for the
State of Texas, reported by machine shorthand, at the
Hilton Austin Airport, 9515 Hotel Drive, Austin,
Texas, pursuant to the Federal Rules of Civil
Procedure and the provisions stated on the record or
attached hereto.
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Page 2 1 A P P E A R A N C E S 2 3 FOR THE OPPOSER 4 MS. MARCELLA BALLARD (Via Video Conference) 5 AND MS. LISA W. ROSAYA 6 (Via Video Conference) BAKER & McKENZIE, LLP 7 1114 Avenue of the Americas New York, New York 10036 8 Phone: 212.626.4100 9 FOR THE APPLICANT 10 MR. MASARU IGARI, Pro Se 11 12740 Withers Way Austin, Texas 78727 12 Phone: 512.826.6782 13 ALSO PRESENT: 14 MS. JOI LAKES 15 (Via Video Conference) 16 17 18 19 20 21 22 23 24 25
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Page 3 1 I N D E X 2 PAGE 3 Appearances...... 2 4 WITNESS: MASARU IGARI 5 Examination by Ms. Ballard...... 4 6 Reporter's Certificate...... 79 7 8 EXHIBITS 9 NO. DESCRIPTION PAGE 10 1. Notice of Deposition 4 11 2. Opposer's First Set of Interrogatories 4 12 3. Applicant's Answer to Opposer's Interrogatories 4 13 4. TEAS Plus Application 4 14 5. 10-10-06 Certificate of Formation 4 15 6. 5-31-07 E-mail String 4 16 7. Printout from www.childboss.com 4 17 8. Printout from www.childboss.net 4 18 9. 3-28-07 Letter from Lisa Rosaya to 19 Masaru Igari 4 20 10. 4-13-07 Letter from Lisa Rosaya to Masaru Igari 4 21 11. 5-7-08 E-mail from Lisa Rosaya to 22 Joi Lakes 4 23 12. Notice of Opposition 4 24 13. 7-27-07 Letter from Masaru Igari to Commissioner for Trademarks 4 25
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Page 4 1 (Exhibit Nos. 1 through 13 marked) 2 THE REPORTER: Federal Rules? 3 MS. BALLARD: Yes. 4 MASARU IGARI, 5 having been first duly sworn, testified as follows: 6 EXAMINATION 7 BY MS. BALLARD: 8 Q. Good morning, Mr. Igari. My name is Marcy 9 Ballard. 10 A. Good morning. 11 Q. I am a lawyer at Baker & McKenzie, and I am 12 going to be asking questions today for your 13 deposition. 14 A. Yes. 15 Q. And there's a procedure we use because -- 16 and one of the things we need to do is not speak at 17 the same time. So I will ask a question, and then 18 there will be a slight delay, and then you will begin 19 your answer, because the court reporter is taking 20 down everything that both of us say. Do you 21 understand that? 22 A. I understand. Please allow me to ask you a 23 question, because English is my second language. So 24 I want to understand your question perfectly. 25 Q. Okay. I'm not sure, but if you don't
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Page 5 1 understand -- I'm going to be asking questions, and 2 if you don't understand my question, you can simply 3 ask me to rephrase the question, and I will do that. 4 A. Okay. 5 Q. Do you understand? 6 A. Yes. 7 Q. So, during the course of the deposition 8 today, I'm going to be asking you about various 9 subjects, and I'm also going to be referring to 10 documents that we have marked with exhibit tabs or 11 numbers, and we will have the court reporter hand you 12 those documents during the course of the deposition 13 so that you will have a copy there and I have a copy 14 here. 15 A. Okay. 16 Q. Do you understand that? 17 A. Yes. 18 Q. And I'll just refer to those. Okay. And 19 you're already doing this, but just so you know, all 20 of your answers should be verbal. By that we mean 21 you should speak your answer instead of saying 22 "uh-huh" or nodding your head or something like that 23 so that the court reporter can take things down. 24 Okay? 25 A. Yes.
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Page 6 1 Q. Okay. So why don't you start by just 2 stating your name and your address for the record. 3 A. My name is Masaru Igari. Address is 12740 4 Withers Way, Austin, Texas, 78727. 5 Q. And, Mr. Igari, how long have you lived in 6 Austin, Texas, at that address? 7 A. How long do I -- I'm sorry. I couldn't 8 hear you. 9 Q. How long have you lived at that address? 10 A. Since 2001, June. So that makes it almost 11 seven years. 12 Q. Okay. And were you living in Texas prior 13 to June 2001? 14 A. That's correct. 15 Q. And how long have you been living in Texas? 16 A. That's going to be since 1993, December. 17 Q. And have you been living in the United 18 States prior to 1993? 19 A. Yes. I lived in Louisiana. 20 Q. And for how long have you been living in 21 the United States? 22 A. Since 1990, March. 23 Q. So you've been living here since -- for 24 about almost 20 years now, and you're comfortable 25 speaking the English language and understanding it?
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Page 7 1 A. Most of the time in regular conversation 2 and regular readings. But when it comes to technical 3 terms or some subject that I'm not familiar with, I 4 don't understand. 5 Q. Do you work and speak in English here? 6 A. Yes. 7 Q. Please describe your employment background 8 from 1995 forward. 9 A. My first employment after college is Dell, 10 Inc., in Round Rock, Texas, and I worked for them 11 from October 1998 to July 2005. That's including my 12 first two -- almost two years of the contracting 13 term, and then I become permanent. 14 Then, after that, I change my job 15 employer to Sony Computer Entertainment America, 16 until recently. I just quit 2000 -- I'm sorry. This 17 year. I just quit. I was officially employed until 18 April 11th, and then now I'm with Dell again. 19 Q. And where are you currently employed? 20 A. Dell. 21 Q. I didn't hear that. 22 A. Dell, Inc. 23 Q. Okay. What are the duties and 24 responsibilities of your current job? 25 A. I'm a senior technical support analyst, and
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Page 8 1 basically any corporate IT people -- 2 Q. You're an analyst? 3 A. Yes. The corporate -- the large 4 corporation who has account with us, many of them -- 5 many times there are IT people in the corporation. 6 When they have trouble with a system, they call my 7 team, and then we support them. 8 Q. I see. Okay. Have you ever had your 9 deposition taken before this? 10 A. No. 11 Q. Okay. I'm going to just assume that if you 12 answer my question, you understand it. Okay? 13 A. Okay. 14 Q. I'm now going to refer to what's been 15 previously marked as Exhibit 1, which is your notice 16 of deposition. Could you have the court reporter 17 hand you what we'll call Exhibit 1, the amended 18 notice of deposition? 19 A. I have 1 with me. 20 Q. Okay. You received the amended notice of 21 deposition. Correct? 22 A. Yes. 23 Q. And the second page, which is on the top, 24 Schedule A, you had an opportunity to review the nine 25 categories on that page?
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Page 9 1 A. Yes, I have. 2 Q. Okay. Are you the person who has knowledge 3 today to testify about the decisions concerning the 4 clearance and use of the Child Boss mark? 5 A. It means we have an opportunity to close 6 this case? Is that what you mean? 7 Q. Are you the person in relation to the Child 8 Boss mark with information -- 9 A. Oh. Yes, I am. 10 Q. -- and can speak to the activities and 11 decisions concerning -- okay. 12 A. That is correct, yes. 13 Q. And, likewise, for the remaining 14 categories, you are the person who will speak to 15 marketing, sales, business plans, et cetera. Is that 16 correct? 17 A. That is correct, yes. 18 Q. You have to answer -- okay. Thank you. 19 I'm going to now hand you what's been 20 marked as Exhibit 3, which are your answers to 21 discovery that we served in this case. So why don't 22 you receive from the court reporter a copy of 23 Exhibit 3 and take a minute and look through that. 24 Do you recognize that? 25 A. Yes, I do.
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Page 10 1 Q. Okay. And is Exhibit 3 a copy of your 2 responses to our questions that we asked you in 3 writing in this case? They're called 4 "interrogatories." 5 A. Yes. 6 Q. And did you, sir, type up and fill out 7 those answers? 8 A. I did it myself, yes. 9 Q. Okay. You answered, in No. 4 on the first 10 page -- can you see where I'm talking about? 11 A. If you give me a page number or anything 12 that I can refer to. 13 Q. I'm referencing Answer No. 4. 14 A. Okay. 15 Q. Can you look at that answer? 16 A. Right. I can look at it. 17 Q. Okay. The question we asked you was, 18 "Describe in detail your adoption of the mark in 19 connection with goods, including the date of 20 adoption, the reason for selecting the mark, all 21 details as to the origin of the mark, and the meaning 22 or impression intended to be conveyed by the mark." 23 And your answer was -- what you placed 24 on the page as No. 4. So you say that you had always 25 wished to start your own business associated with
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Page 11 1 something good for children. Do you see that? 2 A. Yes, I do. 3 Q. And when you say "something good for 4 children," what did you mean by that? 5 A. "Something good for children," it's pretty 6 straightforward. Like anything; good toys, good 7 clothes, good books, something beneficial to children 8 and also parents, too. 9 Q. So, when you said "something good for 10 children," you didn't necessarily have something 11 specific in mind? You just meant broadly that it 12 would be good for children, any item? 13 A. No. It could be anything at this time. 14 Q. That's what I -- so your answer is actually 15 yes, it could be anything at this time? 16 A. Right. I didn't have any particular item 17 or products in my mind. 18 Q. Okay. You said there's no reason you 19 picked clothes for children. So is it fair to say 20 that when you selected the mark, you had no item or 21 good in mind to place the mark on? 22 A. Well, I was thinking that -- like making 23 T-shirts or a cap, that kind of stuff. I thought 24 it's very easy to do it. And I think that's one of 25 the big reason I chose to go with the clothes, and --
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Page 12 1 yeah, that's -- I cannot recall any, like, big reason 2 that I chose clothes. I thought it was just very 3 easy to start the business. 4 Q. Right. So you wanted to start a business, 5 and you wanted it to relate to children. Correct? 6 A. That's correct. 7 Q. And you didn't have a specific item in 8 mind. Correct? 9 A. At the very beginning, that's correct. 10 Q. That's correct. And so you wanted to 11 design items that were easy to manufacture or sell. 12 Is that correct? 13 A. That is correct. 14 Q. And some of those items that you discussed 15 were books, toys, and T-shirts or caps. Correct? 16 A. Right. Or any other stuff. 17 THE REPORTER: Excuse me, Marcella. 18 (Discussion off the record) 19 Q. (By Ms. Ballard) Have you (audio 20 interruption) -- or designed any product whatsoever 21 on which you have placed the mark Child Boss? 22 A. Okay. You actually broke up, so I couldn't 23 hear you well. The speaker broke up. 24 Q. Have you made or manufactured -- 25 A. I haven't manufactured --
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Page 13 1 Q. Have you made or manufactured product -- 2 A. No, I haven't manufactured -- 3 Q. Your answer is you haven't -- okay. So 4 your answer is you have not manufactured any products 5 on which you've placed the Child Boss mark? 6 A. That is correct. 7 Q. Okay. And do you have any plans -- written 8 plans or drawings or anything of that nature 9 concerning products that you intend to manufacture or 10 place the Child Boss mark on? 11 A. No. Before I get into the stage, you 12 contacted me for this matter. 13 THE REPORTER: Marcella, this is the 14 court reporter again. Can we go off the record real 15 quick? 16 MS. BALLARD: Okay. 17 (Discussion off the record) 18 Q. (By Ms. Ballard) So your answer is no, you 19 do not have any drawings or plans. 20 A. That's correct. 21 Q. Correct? 22 A. That's correct. 23 Q. As you sit here today and you think about 24 what products you intend to place the Child Boss mark 25 on, what are your plans?
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Page 14 1 A. Well, it still could be anything, but since 2 it's just me and my wife starting this small, small 3 business, we have limitation of budget and time and 4 so forth. So we just do what we can after I finish 5 this case with you guys. 6 Q. You -- 7 A. So I don't really have -- 8 Q. Okay. And my question is -- 9 A. Go ahead. 10 Q. You don't have any plans yet. Is that a 11 correct answer to -- a summation of your answer? 12 A. Okay. I do not have any recent business 13 plan. I do not have any design of Child Boss. I do 14 not have anything that you asked me at this moment. 15 Everything is in my mind. It's all about the 16 possibility. That's it. 17 Q. Okay. And that's -- right. Okay. And in 18 your mind, what is the possibility? What are you 19 going to place that mark on? What goods? 20 A. Like -- just like I said, the kids' 21 clothes, like T-shirt, cap. If I wish to, I -- this 22 is just my mind, imagination. Okay? I may publish 23 children's book. I may make children's toy. I don't 24 know. But my imagination is unlimited. It's just my 25 budget and time is limited. That's all.
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Page 15 1 Q. How do you plan to sell the goods -- the 2 T-shirts, caps, and books that you manufacture with 3 the Child Boss mark, how do you plan to sell them? 4 A. Good question. If that things happen, I -- 5 I have a Web site registered for Child Boss, but I 6 haven't make any particular design -- it's not 7 serving yet. So, in the future, I'll probably use 8 the Web site to introduce my item and possibly sell 9 from the Web site. But again, that's still a plan in 10 my mind. 11 MR. ROSAYA: Which Web site? 12 A. I have two sites that I registered for this 13 particular name, www.childboss.com and dot net, the 14 same name. 15 MR. ROSAYA: Would those be the sole 16 avenues that you sell the products through? 17 A. I'm not sure about this question. I 18 previously answered I haven't sold any item yet, so 19 no revenue. 20 Q. (By Ms. Ballard) That's not the question. 21 A. I'm sorry. 22 Q. The question was when you decide to sell 23 and you sell through the Web site, is that the only 24 avenue that you plan to sell the goods through? 25 A. That is correct.
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Page 16 1 Q. Are there any other -- so you plan to place 2 items on your Web site for sale. Is that correct? 3 A. That is correct. It's my plan in my mind. 4 And if your question is is there any other channel 5 that I'm planning to sell, like a shop or something, 6 probably not at this moment. 7 Q. And how do you plan to attract customers to 8 your goods? 9 A. Word of mouth. 10 MR. ROSAYA: You're not going to 11 advertise? 12 A. Again, I have a very limited budget. If I 13 have an advertisement, it's going to be on my Web 14 site only in the beginning unless I make a big hit 15 item or something like that. At this moment, I'm not 16 trying to be a major company or anything like that. 17 I'm just trying to start something, something that's 18 my own. 19 Q. (By Ms. Ballard) So is it fair to say that 20 if -- you are a startup business. Correct? 21 A. That's correct. A startup business that 22 hasn't started anything yet. 23 Q. Right. It will be a startup business, and 24 you plan to start promotion by word of mouth only. 25 Correct?
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Page 17 1 A. Right. And probably using my Web site. 2 That's it. 3 Q. Okay. So it's likely that the word of 4 mouth would be people that you know and speak to in 5 and around Austin, Texas. Is that fair? That's 6 where you live and work. 7 A. Right. But that's not correct. Word of 8 mouth means if my item is good and somebody purchase 9 from Web site and -- you know, those people who 10 comment for any item they purchase in different Web 11 sites. If it's good, it's going to spread out. So 12 that's my free advertisement. 13 Q. Okay. Well, tell me -- tell me what's 14 going to be good about your item. How is it going to 15 use the trademark? How are you going to distinguish 16 your goods? 17 A. That is a good question, too. Again, this 18 is still in my mind. I'd like to use a good item, 19 like organic cotton -- or it doesn't have to be 20 organic, but great cotton in the -- it's kind to the 21 children's skin. Basically, I'm trying to produce, 22 again, something good for children, not like -- of 23 course we care about the design, but the material is 24 very important. And that's how I'm trying to 25 distinguish my product.
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Page 18 1 The same thing as my book. In this 2 case, book contents is important. If I produce a 3 toy, again, material is important. 4 THE WITNESS: Oops. The line drop 5 out. 6 (Recess from 9:50 a.m. to 10:01 a.m.) 7 Q. (By Ms. Ballard) Okay. So you intend to 8 use high-quality materials in making the products and 9 having a high-quality children's product. Is that 10 right? 11 A. That's correct. It doesn't mean high 12 price. So I'm just -- and I'm just talking about my 13 dream. Right? High-quality product, reasonable 14 price, everybody happy. That kind of product. 15 Q. Okay. And how do you intend to use the 16 Child Boss mark in connection with those products? 17 A. Yes. That's going to be my company's name 18 and product name. So, for instance, the kid's 19 T-shirt, maybe the logo will be, like, on the chest 20 part or back part. That's how I'm going to 21 distinguish my product, too, as well as the quality. 22 Right? That's how people remember, "All right. 23 Child Boss product, high quality. It's good stuff." 24 Q. Okay. So it's a logo that will be placed 25 on the T-shirt somewhere so that your goods will all
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Page 19 1 have "Child Boss" on them somewhere? 2 A. That's probably true, yes. 3 Q. Are there any other goods -- you've 4 mentioned T-shirts, caps, and books. Are there any 5 other goods in particular that you're thinking about 6 making or selling? 7 A. Well, in the Category 025 that I register 8 the Child Boss, I believe it allow me to sell, like, 9 cap or socks or any other clothes. But, again, I 10 have limited budget. I cannot produce everything at 11 the same time, so I probably start with T-shirt or 12 cap. And if business catch up, doing well, then I 13 add items onto it. 14 Q. I'd like to refer you now to Exhibit 4, 15 which is the Child Boss trademark application. Could 16 you take a minute and look at that? 17 A. Yes. 18 Q. Is that a copy -- that's a copy of 19 basically your application for Child Boss? 20 A. Yes. 21 Q. Okay. And have you ever applied for a 22 trademark before? 23 A. No. This is my first time. 24 Q. So you do not own any other federal 25 trademarks?
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Page 20 1 A. No, ma'am. 2 Q. And have you ever applied for any state 3 trademarks? 4 A. State trade -- not that I know of, no. 5 Q. Explain how you chose the name Child Boss. 6 A. Okay. As I stated on Exhibit No. 3, 7 Answer 4, when my father visited me and his 8 grandchildren, my daughter, he looked at -- Sophia is 9 my daughter's name. You know, it's a free motion and 10 movement and stuff like that, and he just naturally 11 says, "She's the Child Boss," and I liked the phrase. 12 Q. When was that? 13 A. Okay. My daughter was born June 2003, and 14 then, ever since, my parents almost every year 15 visiting. I believe it's March 2005. Because they 16 visit basically springtime every year. 17 Q. What, if any, steps did you take to 18 determine whether the mark Child Boss was available 19 for your use? 20 A. What I did is I Googled it, and then I 21 didn't really see any product name or company name. 22 And then I also registered the domain -- well, I'm 23 not sure which one was first. But when I registered 24 the domain name, no one has used it, and that helped 25 me to contribute -- to assume that no one is using
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Page 21 1 this name, and I probably did TESS, the trademark Web 2 site, do the basic search. That's what everybody 3 call it. And then nothing is hit; and so, therefore, 4 I decided to go for it. 5 Q. When you say nothing was there, what do you 6 mean by that? 7 A. It means no exact match. 8 Q. Pardon me? 9 MR. ROSAYA: No exact match. 10 A. No exact match. 11 Q. (By Ms. Ballard) Okay. So there was 12 something there under TESS that had the word Boss? 13 A. Oh. There was tons of it. 14 Q. So it's not quite accurate to say there was 15 nothing there. Correct? 16 A. Well, nothing like "Child Boss." 17 Q. There was nothing exactly like Child Boss. 18 Isn't that -- 19 A. That is correct. 20 Q. -- what you said earlier? 21 A. That is correct. 22 Q. And explain the process of how you Googled. 23 A. I just typed "Child Boss." 24 Q. And then what did you do? 25 A. And then I just -- it was probably three to
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Page 22 1 four page, and I didn't really see any company's Web 2 site or product name. 3 Q. How long did that take you? 4 A. I probably spent a good couple of hours for 5 all the research I conducted. 6 Q. When did you do that? 7 A. Before I applied for the trademark. 8 Q. So within a matter of weeks or months of -- 9 when? 10 A. I did -- I remember I did it twice. I did 11 it right before I registered, because I have to pay 12 money, the application, and I used -- I used 13 LegalZoom to do it. So that's an extra cost, so I 14 kind of make sure that no one has taken the name. 15 Q. So you did the Google search twice, 16 sometime before you decided on the name and then 17 right before you applied. 18 A. Right. 19 Q. Is that right? 20 A. Right. And then TESS. And then I believe 21 the LegalZoom search did the search -- their search. 22 I don't know what they do. Because their service is 23 included in that portion, too. 24 Q. I'm sorry. I missed the last part of your 25 answer.
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Page 23 1 A. Okay. Because I paid the fee to the 2 LegalZoom. 3 Q. To the legal group? 4 A. No. LegalZoom. 5 Q. What is that? 6 A. LegalZoom, they actually applied the 7 trademark for me. I paid a service fee, and then 8 they applied for me. 9 Q. Okay. Can you spell that? Legal what? 10 A. L-E-G-A-L, space, Zoom. If I remember 11 correctly, like Z-O-O-M. It's an Internet-based, 12 like, legal paper servicing company. 13 Q. And is it -- do you do it all online, or do 14 you actually speak with an individual? 15 A. Yes, over the phone, and then I download 16 the application that they want me to fill out, and 17 then I send them e-mail, and then they file it, and 18 then they tell me, "It's been filed," and then that's 19 about it. After they file, pretty much their job is 20 done. 21 Q. Did you pay a fee for this service? 22 A. Yes, I did. 23 Q. How much? 24 A. I don't remember the exact amount. I 25 believe roughly, everything together, 400 to $500,
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Page 24 1 including the application fee. 2 Q. Okay. And this legal online service that 3 you used, did it represent that it was doing any 4 legal analysis for you, or was it simply a matter of 5 filing the forms? 6 A. I think simply a matter of filing the 7 forms. However, they offer different kind of 8 service, like basic search of the name that's been 9 used or extended search or premier search. I don't 10 remember all those exact names, but -- so I'm pretty 11 sure I did the basic search with them. 12 Q. And how did you pay for this? 13 A. Credit card. 14 Q. Which credit card? Not the number, just 15 which -- 16 A. I believe Visa or Master. 17 Q. And so you chose a basic search on the 18 legal online service you used, and -- 19 A. I don't remember. I'm just guessing. 20 Q. Pardon me? 21 A. I don't remember what kind of package was 22 it, but I -- I believe -- I'm not sure, but I believe 23 their offer -- the price included the basic search. 24 So, before they filed, they run their search on their 25 own.
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Page 25 1 Q. Do you know that that was done? 2 A. Well, I assumed -- when they processed my 3 file, I assumed that there is no match. So, 4 therefore, you know, they filed it. 5 Q. So my question is did you receive anything 6 back from this online company indicating that they 7 had done a search? 8 A. I have to look up my file, but I'm not sure 9 I can even find the file. It's been a while. It's 10 over two years ago. 11 Q. Well, we asked for those documents -- 12 A. Right. 13 Q. -- in our requests, so we would resume or 14 request for those documents, because they relate to 15 your application, and we'd like to see them. 16 A. Sure. I can look for it, but I looked for 17 it when you asked me first time, and I couldn't find 18 it. But I'm happy to do it again. 19 Q. And did you speak to anybody at this legal 20 online search company? 21 A. A service representative, basically. 22 Q. A representative, you said? 23 A. Yes. 24 Q. Face to face? 25 A. No. Over the phone.
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Page 26 1 Q. Okay. And how many times did you speak on 2 the telephone? 3 A. About several times. 4 Q. And what were those conversations about? 5 A. Basically make sure that -- basically, they 6 contacted me and asked me a question that -- "What 7 kind of product do you want to use this name," and 8 stuff like that. 9 And I told them, "It's children's 10 clothes." 11 And then they asked me, "Is this 12 including, like, cap or shoes and stuff like that?" 13 I said, "Sure. Why not?" Something 14 like that. 15 I didn't really know the trademark 16 rules. That's why I hired these specialists for 17 that. And then they -- I answered all of their 18 questions, and the next thing I knew was they filed 19 my application. And that's the end of the service. 20 Q. Okay. So far you said they asked you 21 questions about what type of goods you planned to use 22 the mark on. 23 A. Right. 24 Q. What other questions, if any, did they ask? 25 A. That was pretty much it, I guess. Because
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Page 27 1 I had to fill up the form, and the question was 2 amongst the form -- so this person has to make every 3 blank fill up before they file. Right? So that's 4 why they asked me a question. And I just answered 5 it, yeah. 6 Q. Okay. 7 A. But I don't remember all the questions they 8 asked me. 9 Q. Okay. Other than using this online service 10 to file the application, did you conduct any other 11 search or clearance before you adopted this mark? 12 A. Again, besides Google, I went to TESS Web 13 site and look at -- you know, I just -- I believe I 14 type "Child Boss" and "Boss" and stuff. I remember, 15 when I type "Boss," there are many Boss name, but 16 I've been through it, and I didn't find the Child 17 Boss. That's why I filed it. 18 Q. You did, in that search on TESS, come upon 19 Hugo Boss. Correct? 20 A. I didn't type "Hugo Boss." I typed "Boss." 21 Q. No. One of the marks that came back when 22 you typed "Boss" was a Hugo Boss mark. Correct? 23 A. I believe so, but I didn't pay attention, 24 because I was looking for Child Boss. But I'm pretty 25 sure Hugo Boss --
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Page 28 1 Q. That was not my question. That was not my 2 question. I'm just saying, when you looked in TESS, 3 one of the marks that came back under Boss was a Hugo 4 Boss mark. 5 A. Well -- 6 Q. And you said, "I believe so." 7 A. No. No, no. Okay. Let me rephrase it. 8 If that's your question, then my answer is I don't 9 know. Because I didn't look for Hugo Boss. It's 10 just one of bunch of names that came back. So I 11 didn't pay attention. I don't remember. 12 Q. So, if the mark didn't say exactly "Child 13 Boss," you didn't pay attention. Is that your 14 testimony? 15 A. No. No, ma'am. I was looking for "Child 16 Boss." That's all I was looking for. 17 Q. Okay. 18 A. That's what I meant, yes. 19 Q. Okay. So, if it didn't say exactly "Child 20 Boss," you did not pay any attention to it. Correct? 21 A. Exactly. 22 Q. And is that the method you used in your 23 Google search as well? 24 A. Right. 25 Q. So you ignored, did not pay attention to a
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Page 29 1 mark, for example, that said "Hugo Boss" or "Boss." 2 Is that correct? 3 A. Well, I didn't ignore. I didn't think I 4 need it. I didn't think I need it. 5 Q. And so you did not look at it. Is that 6 your testimony? 7 A. Ma'am, this is a very tricky question. I 8 told you I was looking for "Child Boss," and I didn't 9 see Child Boss on the list. That's all I'm saying. 10 Nothing else. 11 Q. Okay. And that's -- I'm allowed to clarify 12 that -- 13 A. Okay. 14 Q. -- and probe that answer. 15 A. Okay. 16 Q. So you (audio interruption) -- let's focus 17 on the TESS search. 18 THE REPORTER: Okay. One second, 19 Marcella. 20 (Brief recess) 21 Q. (By Ms. Ballard) Okay. So I was just 22 trying to focus now on the TESS search. Okay? 23 A. Okay. 24 Q. And I'm trying to get a feel for what you 25 did.
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Page 30 1 A. Yes. 2 Q. And it sounds -- your testimony is that you 3 put in the words "Child Boss." Correct? 4 A. Yes. 5 Q. And you (audio interruption) -- 6 A. It's breaking up again. 7 Q. And you ran a search? 8 A. That's correct. 9 Q. And the results came back, and you looked 10 at that to see if the words "Child Boss" came back. 11 Correct? 12 A. That is correct. 13 Q. If it didn't say "Child Boss," you did not 14 focus on it or pay attention to it? 15 A. Right. That is correct. 16 Q. And if it just said "Boss," you didn't pay 17 attention to it or focus on it? 18 A. Focus on what? 19 Q. If it just said "Boss." 20 A. No. Because there are, like, 5,000 or so 21 many words -- all I was looking was for "Child Boss" 22 as a phrase. 23 Q. That's what I'm asking. 24 A. Right. Okay. 25 Q. And my question now is when you ran the
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Page 31 1 Google search, you took that same approach? 2 A. No. 3 Q. You focused only on search returns that 4 said the words "Child Boss." 5 A. Uh-huh. 6 Q. Correct? 7 A. That is correct. 8 Q. And you did not focus on anything that came 9 back that said "Boss"? 10 A. No. 11 Q. Or "Hugo Boss"? 12 A. Not at all. 13 Q. Other than Googling and looking at the TESS 14 system, did you, yourself, do any other searches or 15 clearances for this mark? 16 A. Not myself. Again, because I hired 17 LegalZoom service, I assumed that they did something, 18 too, but that's it. I personally, myself, ran a 19 Google and TESS search. 20 Q. On your Google search, which Web sites did 21 you look at after you got a search return? 22 A. I believe, back then -- I don't know now -- 23 the first, like, two or three -- the top one is 24 somebody's blog or -- it's like an article that 25 they're using the Child Boss for my kids and stuff
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Page 32 1 like that, but it's just -- it's just a note in her 2 blog or in his blog or Web site. So he didn't really 3 legally register the mark or anything like that. And 4 you can find it yourself, actually, if you are 5 interested in it. 6 Q. Did you consult with an attorney prior to 7 applying for the trademark? 8 A. I went to the Web site, and then I find a 9 couple of trademark attorney with free consultation, 10 and I contacted them -- about three of them. And, at 11 the end, no one offered me a service, so I decided to 12 go myself. 13 Q. I guess your answer is, no, you did not 14 retain an attorney, but you consulted with a couple. 15 Is that correct? 16 A. Yes. More specifically, on the Web site, 17 they have their advertisement, like a law firm or 18 individual trademark attorney, and they offer free 19 consultation, with a phone number. So, basically, I 20 called them and explained to them, "This is what 21 happened." I was against -- opposed by you for this 22 logo. And then, basically, they say they cannot give 23 me a service. Okay. Next. Okay. Next. 24 Q. Okay. My question was a little more 25 specific than that, but thank you for your answer.
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Page 33 1 My question was before you applied for the Child Boss 2 trademark, did you consult an attorney? 3 A. No. No, ma'am. I didn't think I need it. 4 Q. Sir, what knowledge do you have about 5 selling T-shirts in the retail industry? 6 A. Almost none. No professional knowledge. 7 I've never been in that industry. 8 Q. What knowledge do you have, if any, 9 concerning the (audio interruption) -- of clothing or 10 books or toys for children? 11 THE REPORTER: Could you repeat that? 12 It broke up in the middle. 13 MS. BALLARD: Sure. 14 Q. (By Ms. Ballard) What knowledge, if any, 15 do you have concerning the manufacture of these books 16 for children? 17 A. None. Almost none. I don't know about 18 what kind of knowledge, but I never manufactured -- 19 no, I don't know anything about it. 20 Q. What, if anything, do you know about the 21 children's apparel industry? 22 A. What I know is many of the child clothes is 23 overpriced for not so good materials. That's all I 24 know. 25 Q. Other than that, do you know anything about
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Page 34 1 the actual industry -- 2 A. No. 3 Q. -- and how it works? 4 A. No, ma'am. 5 Q. Since you started plans to start this, have 6 you read any apparel or garment industry 7 publications? 8 A. No. 9 Q. You mentioned that you picked the name 10 Child Boss as a result of a visit from your father. 11 Do you recall that testimony? 12 A. Yes, I do. 13 Q. Okay. And is there a reason why you waited 14 for about a year to apply for the trademark after 15 that visit? 16 A. Well, back then -- well, I'm still -- I'm 17 really busy for my daily life, raising two kids and 18 working for a corporation. But I really wanted to do 19 something, and then by the time I said, "Let's do 20 it," the name popped up. And I don't think it was 21 that different. It's pretty close, time frame-wise. 22 I'm not looking at the yearbook, so I don't know, 23 but -- it just come naturally. 24 Q. Well, you said your father visited you in 25 or around March of 2005. Do you recall that?
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Page 35 1 A. Yes, I do. 2 Q. And the patent application was in the fall 3 of 2006. 4 A. Okay. 5 Q. Correct? 6 A. Yeah. That's pretty quick, isn't it? 7 Q. So a little over a year? 8 A. Right. But, again, opening a business -- I 9 don't know other people, but to me it's a big effort. 10 And then -- it's just the time I registered is the 11 time I wanted to do it. There is not any other 12 reason. 13 Q. I would like you to take a look at what's 14 been marked as Exhibit 5, the Texas Secretary of 15 State certificate of formation. 16 A. Yes. 17 Q. That is a copy of the State of Texas Office 18 of the Secretary of State registration for Child Boss 19 Limited Company. 20 A. Yes. 21 Q. Is that correct? 22 A. That's correct. 23 Q. And it's dated October 10th, 2006. 24 Correct? 25 A. That's correct.
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Page 36 1 Q. When did you file your application for the 2 company name Child Boss Limited? 3 A. Right before it was accepted. I forgot how 4 many weeks or months, but not too long. 5 Q. So it was -- your recollection is it was 6 within a matter of weeks before this certificate came 7 out? 8 A. I believe so, or maybe a couple of months. 9 Q. What, if any, documentation did you have to 10 file with the Secretary of State to obtain this? 11 A. I don't remember, but -- because I just go 12 to their Web site and just follow the procedure on 13 the Web site, download the application and mail it. 14 That's all. 15 Q. And you did that yourself? 16 A. Yes, ma'am. 17 Q. What is the company Child Boss Limited? 18 What is the structure of that company? 19 A. For now I file as a wholesaler category. 20 Because initially I was planning to design the 21 T-shirt -- kids' T-shirt -- children's T-shirt and 22 then sell it. So I don't really manufacture, but I 23 asked a manufacturer to make it, and then I buy it, 24 and I sell it. So I consider it's a wholesaler 25 business.
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Page 37 1 Q. Okay. And is there anybody who is a member 2 of that company other than yourself? 3 A. My wife. 4 Q. Your wife. And her name is? 5 A. Betty Pu, P-U. 6 Q. And you had to pay a fee to obtain this 7 company registration? 8 A. That is correct. 9 Q. And you paid that fee? 10 A. That is correct. 11 Q. And other than you and your wife, is there 12 anybody else who is a member of this company? 13 A. No one. 14 Q. And are there any employees in the company? 15 A. No. 16 Q. And do you intend to operate the Child Boss 17 Limited Company in Texas? 18 A. That is correct. That's my intention at 19 this moment. 20 Q. And do you intend to operate the Child Boss 21 Limited Company in any other state? 22 A. No. 23 Q. What are your plans for the manufacture of 24 T-shirts? How do you plan to have T-shirts made? 25 A. Well, I have friends from China, friends
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Page 38 1 from Taiwan, Hong Kong. They are well-known 2 countries for manufacturing. You see a lot of made 3 in China, Taiwan, Hong Kong. So maybe I can contact 4 them to find a manufacturer, which I was planning to 5 do before you called, actually. 6 And then, you know, in Asian country, 7 it's -- friends of friends kind of communication 8 works very well, so -- or I was thinking about going 9 to, like, a show -- a Las Vegas show, manufacturing 10 show, to find a good manufacturer, and then, you 11 know, negotiate the price and then start the 12 business. 13 Q. And have you been to any manufacturing 14 shows? 15 A. No. Not at all. 16 MR. ROSAYA: You said you were trying 17 to contact your friends in China, Taiwan, and Hong 18 Kong before we called. When was this? 19 A. When? I think everything was happening at 20 the same time, you know. I mean, not the same 21 months, but about the same time, filing the company, 22 filing the Web site, filing the trademark. So I was 23 on the way to just process everything until I got a 24 phone call from you, and I stop everything. But I 25 don't remember when. Whenever you called me, I stop
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Page 39 1 it. And whenever -- before you called me, something 2 was going on. Now, I can -- 3 MR. ROSAYA: So, in the late -- I'm 4 trying to just have a date. So 2007 -- early 2007, 5 or when you received our letter? 6 A. That was 2007? I'm sorry. I don't 7 remember. But I know it's two years ago, so is 8 that -- 2006, isn't it? 9 MS. ROSAYA: 2006? Late 2006? 10 A. Well, again, I don't have my chronological 11 order year chart. I stop everything after you 12 contacted me. That's all I can say for sure. 13 Q. (By Ms. Ballard) Okay. Other than phone 14 calls to your friends in and around China, had you 15 done anything else? 16 A. No. Because this name was not disclosed to 17 anyone yet. 18 Q. Have you opened any bank accounts or 19 accounts of any other sort on behalf of Child Boss 20 Limited? 21 A. Yes, I did. Yes, I did. 22 Q. And where did you open that? 23 A. That's Washington Mutual. 24 Q. There in Austin? 25 A. Yes.
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Page 40 1 Q. And it's in the name of Child Boss Limited? 2 A. That is correct. 3 Q. Have you had any deposits or withdrawals 4 from that account since you opened it? 5 A. Well, when I opened the account initially, 6 I put $100, and it's still $100 now. 7 Q. Okay. Did you do any type of market 8 research prior to applying for the Child Boss mark? 9 A. No. 10 Q. What is your target market going to be for 11 products carrying the Child Boss mark? 12 A. I didn't run any type of research or 13 planning, so I'm not sure I'm giving the answer that 14 you're looking for. But anybody, actually. And 15 that's -- that's my whole purpose of doing this, 16 something good for children and the parents at a 17 reasonable price. 18 So, if you are asking me, like, is 19 this for high-income people or low-income people or 20 young people, old people, I'm not sure. It's for 21 children, basically, and people -- you know, it's a 22 business. It's not a non-profit organization. It's 23 people who can afford it. That's pretty much it. 24 Q. Is there any age range within the 25 children's group that you were thinking about?
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Page 41 1 A. Good question. Not right now, but I -- in 2 my mind, it's younger than ten years old, around that 3 age, because if I extend it, I have to prepare 4 different size and colors of even same T-shirt or 5 same clothes. So I started -- try to start it with a 6 very small range, like maybe newborn or infant first, 7 something like that. 8 Q. And have you made any prototype or produced 9 a good or anything with the Child Boss mark on it? 10 A. No. 11 Q. Has your wife? 12 A. My wife? No. 13 Q. Has she done any drawings or anything of 14 that nature concerning any goods that will be made 15 using the Child Boss mark? 16 A. I maybe did, but it was freehand drawing 17 and in the trash right away, so I don't have any 18 evidence of it. And, again, I haven't disclosed this 19 to anyone relating to this matter. When I make a 20 phone call for the free consultation attorney, I say 21 that, but that's about it. 22 Q. Why don't we take a look at Exhibit 6, 23 which is an e-mail for respondents. It's dated May 24 31st, 2007. 25 A. Yeah, May 31st. Okay.
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Page 42 1 Q. Have you seen -- you've seen Exhibit 6 2 before? 3 A. I don't remember the exact, you know, 4 phrase or sentence, but I -- this is a person from 5 the office. Right? So sure. 6 Q. Your answer is yes, you sent that e-mail to 7 Julia Talke of our office? 8 A. Okay. Yes. 9 Q. At or around May 31st, 2007? 10 A. Yes. 11 Q. Okay. And at that point, you were 12 contemplating canceling the Child Boss trademark. 13 Correct? 14 A. That is not. I was trying to negotiate 15 with you, because it could be any category, so -- 16 and, of course, the attorney contacted me for this 17 matter, and I didn't expect it, so I didn't know what 18 to do. So -- but as I heard what was this all about, 19 I didn't feel quite right, so -- but still, I didn't 20 want any trouble. I talked to her, or including 21 e-mail, says if there is anything we can compromise 22 each other. And basically there's no -- no offer 23 from you; so, basically, no, I have to cancel it. So 24 I didn't. 25 Q. Okay. But at this point, you were
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Page 43 1 discussing with Julia Talke the prospect or the 2 concept of canceling the mark. Correct? 3 A. No, ma'am. No, ma'am. She was pursuing me 4 to cancel it, but I never intend to cancel. 5 Q. I'm not asking whether you agreed to. I'm 6 just saying you were -- my question was you were 7 discussing it at that time. I didn't say you agreed 8 to. 9 A. Oh, okay. 10 Q. Okay? 11 A. Yes, that is correct. 12 Q. And, in fact, one of the things you 13 proposed to Ms. Talke was to withdraw or cancel your 14 mark early on. That was one of your compromise 15 positions. Correct? 16 A. In the clothing category, yes, that's 17 correct. 18 Q. Okay. And you -- you wanted to try to 19 resolve this in a friendly manner. Correct? 20 A. That is correct. 21 Q. And in that regard, you sent a letter 22 proposing various options for withdrawing or 23 compromising the matter. Correct? 24 A. That is correct. 25 Q. And why don't we hand you Exhibit 11.
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Page 44 1 That's an April 5th, 2007 letter that you sent to 2 Lisa Rosaya? 3 A. Yes, I remember. 4 Q. Okay. And you list there several options 5 for resolving the matter. Do you see that, under "My 6 options"? 7 A. Yes, I do. 8 Q. And the first option was withdrawing the 9 trademark. Correct? 10 A. That is correct. 11 Q. And the second one is titled "Oppose." 12 Correct? 13 A. Right. 14 Q. And the third one was titled "Deal in Child 15 Boss." Do you see that? 16 A. I do. 17 Q. And you were suggesting there that you 18 wanted to sell the trademark to Hugo Boss? 19 A. No. Basically -- basically, I list up all 20 kinds of possibility we can make. This Julia, she 21 was my primary contact back then, I believe. And 22 then -- because the -- you know, you can tell by now 23 I have a strong accent and my English is not really 24 good. So I wrote it down, these are the options we 25 can end up with, and which one we should pursue. I
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Page 45 1 was aggressively seeking to solve this problem with 2 Julia back then or Ms. Rosaya. But, again, there was 3 no room for me to negotiate anyway. 4 Q. Okay. Sir, I just want to state for the 5 record -- 6 A. Okay. 7 Q. -- I'm having absolutely no difficulty 8 understanding you whatsoever. 9 A. Oh, great. 10 Q. I'm finding your English to be quite good. 11 A. Thank you. 12 Q. You have been here for 20 years almost, and 13 it seems to me as though you speak English quite 14 well. By bringing that up, I hope you're not 15 implying that you're not understanding what's going 16 on in these proceedings. You do understand me. 17 Correct? 18 A. In most cases, yes. 19 Q. And if you do not understand me, you've 20 asked me to rephrase the question. Correct? 21 A. Try to, yes. 22 Q. You have, in fact. Correct? 23 A. I have, yes. 24 Q. Okay. So, for the record, I'm having no 25 difficulties understanding you.
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Page 46 1 A. Good to know. 2 Q. So those three options that you placed down 3 were three options that you were considering at that 4 time in April of 2007 in order to resolve this 5 matter. Correct? 6 A. That is actually not correct. Look at the 7 contents of the withdrawal. It says it's an option, 8 just an option, but I'm not thinking about it. That 9 states there. 10 Q. Okay. So your testimony today is that you 11 were just listing it there, but it's not one that you 12 were thinking about? 13 A. You mean canceling -- just canceling 14 without any conditions? That's what you mean? I'm 15 not thinking about withdrawing my name. 16 Q. Right now, I agree. I'm actually asking if 17 you were putting options on the table back in April 18 of 2007. 19 A. Oh, okay. Back then? Right. Okay. I now 20 create -- I just read it. What I meant was -- 21 Q. Sir, actually, I'm just asking a 22 question -- 23 A. Yes. 24 Q. -- and I want an answer to my question, not 25 an explanation. My question is in April of 2007, did
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Page 47 1 you send a letter laying out three options to Lisa 2 Rosaya? Yes or no. 3 A. Yes. 4 Q. Okay. And did you follow up in May of 2007 5 with Julia Talke, also of this office, concerning 6 various options and the Child Boss trademark? Yes or 7 no. 8 A. That's Exhibit 6 you're talking about? 9 Q. Yes. 10 A. Okay. Yes. 11 Q. And do you see on Page 2 of Exhibit 6 -- 12 A. Okay. 13 Q. -- on Tuesday, May 29th, at 10:51 p.m., you 14 said, "Hello Julia. I have left message requesting 15 to withdraw the trademark I have applied twice last 16 week to the TARR phone number, however, I have not 17 gotten any response back from them. Do you know the 18 best way to approach them besides phone?" 19 Do you see that? 20 A. Yes, I see that. I'm reading it. 21 Q. And did you in fact send that e-mail to 22 Julia Talke back in May of 2007? 23 A. Right. Yeah, I see that. It's here. 24 Q. Yes or no. Yes or no. 25 A. Yes.
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Page 48 1 Q. And did Julia Talke respond to you with 2 instructions about how to go online to the trademark 3 Web site and ask -- and request an express 4 abandonment or withdrawal of your mark? 5 A. Okay. I don't recall this. Let me read 6 it. Bear with me. 7 Q. Okay. So you had a moment to look at 8 Exhibit 6. My only question, sir -- 9 A. Yes, ma'am. 10 Q. -- is did Julia Talke respond to you -- 11 A. Yes, she did. She did, yes. 12 Q. -- on May 31st? 13 A. May 31st, yes. 14 Q. Okay. So there was correspondence back and 15 forth between you and Julia Talke and Lisa Rosaya 16 concerning the withdrawal or abandonment of the mark. 17 Yes or no. 18 A. Yes. 19 Q. Okay. And ultimately you refused to 20 withdraw or cancel your trademark. Correct? 21 A. Correct. 22 Q. And did you refuse on the basis that you 23 did not want another party to register the Child Boss 24 mark? 25 A. That's one of the reasons, yes.
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Page 49 1 Q. And what was the other reason? 2 A. I believe I asked Julia that if I cancel 3 this one, the Child Boss, then this name will be open 4 to public, and I wanted to make sure that anyone 5 related to Hugo Boss immediately after I drop it pick 6 it up and register, and she didn't answer the 7 question. 8 Q. Well, you say in your May 31st e-mail, 9 which is the top of Igari Exhibit 6 -- 10 A. Yes. 11 Q. -- you said, "If so, it is ethically wrong 12 to me," meaning if somebody were to register the 13 Child Boss mark or Hugo Boss were to register the 14 Child Boss mark, that it would be ethically wrong to 15 you. Could you explain that? 16 A. Sure. Okay. You pursue me to withdraw the 17 name. Okay. Assume I say okay. But it doesn't mean 18 anyone in the future going to pick this name up and 19 apply to the trademark. My question was back then 20 every time somebody attempts to it, does Hugo Boss 21 going to -- against to it? That kind of like bad 22 move. So I was thinking, "What are they going to do? 23 Maybe they going to register it themselves so no one 24 can bug it." 25 And I asked Julia -- I forgot if it
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Page 50 1 was over the phone or e-mail -- I ask her, "I want to 2 make sure that Hugo Boss or anyone related to Hugo 3 Boss not going to register Child Boss right after I 4 drop it." And she say something like she couldn't 5 answer or something like that, and I didn't like the 6 answer. 7 Q. Now, do you mean the phrase "Child Boss" 8 exactly as you have it in that order, Child Boss? 9 A. Yes. 10 Q. Is that what you think is ethically wrong? 11 A. No, it -- well, I -- 12 Q. Just answer my question, sir. Is that a 13 yes or no? 14 A. I didn't understand your question. Say 15 that again. 16 Q. I'm trying to probe what you think is 17 ethically wrong. Okay? 18 A. Okay. 19 Q. Do you think it would be ethically wrong -- 20 is this a correct summation of your position -- for 21 Child Boss to be registered by Hugo Boss? 22 A. That's correct. 23 Q. That phrase? 24 A. That's correct. 25 Q. Okay.
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Page 51 1 A. Uh-huh. 2 Q. Do you think it's ethically wrong for Hugo 3 Boss to register the mark Hugo Boss Child? 4 A. No, not at all. 5 Q. Is it ethically wrong for Hugo Boss to 6 register the mark Boss Child? 7 A. Not at all. That's your business. That's 8 his business. 9 Q. Okay. I'm just trying to get what your 10 opinion is. 11 A. Sure. And by the way, that is Hugo Boss' 12 naming convention. Boss comes first. So my name is 13 not against him, or it's not similar at all. In Boss 14 Orange, Boss Green, Boss comes first. 15 Q. Other than answering the question from the 16 online service you used about what goods and services 17 you intended to apply for, how did you decide -- 18 okay. 19 How did you decide what goods and 20 services would be applied for under the Child Boss 21 mark? And I'm not talking about your conversation 22 with the online service you used. 23 A. Okay. Why I choose clothes? That's your 24 question. 25 Q. How did you decide what goods and services
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Page 52 1 would be applied for? 2 A. Again, I thought the T-shirts is easy to 3 make. 4 Q. Okay. Do you own any other Web sites for 5 Child Boss other than the two, childboss.com and 6 childboss.net, that you mentioned earlier? 7 A. Yes, I do. 8 Q. Okay. And what are they? 9 A. I don't remember everything, but I have, 10 like, Child Lady. I have -- I can send you a list of 11 Web sites that I have. I don't remember all of them. 12 Is that okay with you? 13 Q. Can you give me an indication of some of 14 them here today as you sit here? 15 A. Let me think very hard, then. Because I 16 register, but I'm not using any of them. I can't 17 recall at this moment because -- 18 Q. How many are there? 19 A. About, I would say, 14 or 16. But usually 20 I have same name for two different extension, dot com 21 and dot net. 22 Q. Okay. 23 A. So it bring it down to like seven or eight 24 names, all related to children. 25 Q. And do they do -- do any of the other Web
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Page 53 1 site names have the name "Boss" in them? 2 A. I don't think so, but I can double-check 3 and send you all the list -- send you all the list. 4 Q. Well, how do you pick the names that you 5 register for Web sites if you've not used them in any 6 way? 7 A. Well, I was thinking anybody, you know, 8 like do a Web site search, like Google, and then the 9 corresponding Web site or name pop up. So I was 10 thinking link that Web site to the childboss.com 11 link, so it's going to expand, you know, the chances 12 that people look at my Child Boss Web site. That's 13 the intention. So more people try to look for 14 children's clothes, for instance, and then hit one of 15 the Web site. That will direct the customer to the 16 Child Boss Web site. So it may increase the chance 17 for exposure of my business. But again, I haven't 18 done anything yet. 19 Q. So you picked other words that sound like 20 child and boss that might direct users to the Child 21 Boss Web site? 22 A. No. No, I don't think so. 23 Q. What did you do, then? 24 A. Huh? I'm sorry? 25 Q. What did you do, then? How did you pick
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Page 54 1 the names that you registered for domain names? 2 A. It just come to my mind, that's all. And 3 then I just -- in domain name, it's pretty 4 straightforward. Does someone have one or not? You 5 can -- you can see the result in a split second when 6 you type it in. If not, you have a choice to 7 purchase or not. 8 Q. I understand that you can see the results 9 quickly. 10 A. Right. 11 Q. But how did you come up with what you typed 12 in for the name? 13 A. Inspiration. That's all. 14 MS. ROSAYA: So you actually 15 registered the domain names. Did you buy any key 16 words? 17 A. Key words? Well, again, anything related 18 to children, but I really didn't think much, "Wow, 19 this is a great name. Why don't I check if somebody 20 using this name, like Child Angel. What a pretty 21 name." And somebody was using dot com or dot net, I 22 forgot, so I registered the other one. 23 MS. ROSAYA: Now, are you familiar 24 with the phrase "key words"? 25 A. Yes, I think so.
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Page 55 1 MS. ROSAYA: Key words are words that 2 are typed into search engines that produce results. 3 A. Oh, okay. Okay. 4 MS. ROSAYA: Have you purchased any 5 key words? 6 A. No. 7 Q. (By Ms. Ballard) Is there any information 8 on the childboss.com Web site now? 9 A. Not other than I own it. You can type it 10 and go for it. It says it's still in construction. 11 You can't see any contents in it. 12 Q. And how long has it been that way? 13 A. Ever since I register. So it's been maybe 14 two years already. 15 Q. Is it the same for the childboss.net Web 16 site? 17 A. That's correct. 18 Q. The same situation? 19 A. Yes. 20 Q. You can see that you own it and that it's 21 under construction. 22 A. You cannot see that I own it, but you can 23 go to the Web site, basically with the Web hosting 24 company's advertisement in it. So you can't find any 25 information about Child Boss or me, but it's still
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Page 56 1 there. 2 Q. So the Web site, childboss.com and 3 childboss.net, are they parked? Do you understand 4 what I mean by that? 5 A. No. 6 Q. You parked those names? 7 A. Parked means reserved? 8 Q. You reserved them? 9 A. Okay. I'm not familiar with the terms, but 10 as long as I'm paying for it, it belongs to me. 11 Q. Okay. So they're there, but there's no 12 content? 13 A. No. 14 Q. Yes, you mean? 15 A. Well, no, there is no content in the Web 16 site. 17 Q. Okay. When did you hear of the Hugo Boss 18 trademark? 19 A. You mean when do I -- oh, okay. I think I 20 understand your question. I don't know. It's -- but 21 I knew that name through magazine advertisement or 22 maybe I saw somewhere, but I knew the name. 23 Q. So you've heard of Hugo Boss prior to 24 applying for your trademark? 25 A. Yes.
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Page 57 1 Q. And because Hugo Boss -- you've seen 2 advertisements or seen items in commerce that have 3 the Hugo Boss on them. Is that fair to say? 4 A. What was your question? 5 Q. My question was because you said you've 6 seen advertisements, you've seen articles of clothes 7 with Hugo Boss' name on them -- 8 A. Right. I have no -- yeah. I have no 9 information about Hugo Boss. That means I probably 10 just read the magazine and CD maybe advertisement of 11 Hugo Boss. Maybe it's clothes. Yeah. But all I can 12 say is, yeah, I knew Hugo Boss. 13 Q. Okay. And were you aware that Hugo Boss 14 owns a trademark for the word Boss? 15 A. No. 16 Q. Are you now aware of that? 17 A. Yes, I am. Now I know, but before no. 18 Q. Okay. And were you aware that Hugo Boss 19 offers hats and caps under the Boss mark? 20 A. No, I don't. 21 Q. Did you search, either TESS or Google, for 22 the use of the name Boss in connection with hats and 23 caps prior to applying for your mark? 24 A. No. 25 Q. Were you aware that Hugo Boss offers
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Page 58 1 dresses on the Boss mark? 2 A. Not on the Boss mark, but I knew Hugo Boss 3 sold clothes under Hugo Boss. 4 Q. Okay. And did you search the results that 5 came back on your TESS and Google searches for the 6 use of the mark Boss in connection with clothing? 7 A. I didn't recall the research shows up 8 because I never pay attention. 9 Q. Were you aware that Hugo Boss offers 10 merchandise for children under the Boss mark? 11 A. Not at all. As a matter of fact, I sent an 12 e-mail to you and never get an answer for it. I 13 don't believe -- well, I don't know, I would say, 14 because I've never seen it. 15 Q. So you were not aware? 16 A. No. 17 Q. And have you seen, in any correspondence 18 that you received from this law firm, a listing of 19 trademarks owned by Hugo Boss? 20 A. I think so. Like I remember Boss Orange or 21 Boss Green kind of stuff, which -- yeah. But that's 22 about it. I don't know what kind of things sold 23 under each category. 24 Q. Okay. Why don't we take a look at 25 Exhibit 11.
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Page 59 1 A. Uh-huh. 2 MS. ROSAYA: 12. 3 Q. (By Ms. Ballard) 12. I'm sorry. 4 Exhibit 12. You're going to have to get it from the 5 court reporter. 6 A. Okay. 7 Q. Okay. You received a copy of what -- this 8 document entitled "Notice of Opposition" -- 9 A. That is correct. 10 Q. -- at or around the time it was served. 11 Correct? 12 A. Yes. 13 Q. And do you see in Pages 2 and 3 and 4 and 14 5, 6, 7, 8, and 9, and particularly 10, that there is 15 a listing or what purports to be a listing of the 16 various Boss trademarks. Do you see that? 17 A. I see that. 18 Q. And amongst those are clothing for 19 children. Do you agree? 20 A. Where it says? I don't see it. 21 Q. Well, do you see -- I'll just give you an 22 example. On Page -- well, there's a number of them, 23 but do you see the word -- on Page 3, Boss Black, 24 "Articles of clothing for ladies, gentlemen, and 25 children." Do you see that?
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Page 60 1 A. Hold on a second. Which -- which name? 2 Boss what? 3 Q. Black. 4 A. Boss Black. Let me find Boss Black. Okay. 5 I see the phrase "children." 6 Q. And do you see under Boss Green, "Articles 7 of clothing for ladies, gentlemen, and children"? 8 A. Okay. I see that. 9 Q. Do you see under Boss, Hugo Boss, "Articles 10 of clothing for women and children"? 11 A. Okay. I see that. 12 Q. And do you see on the next page, under 13 "Boss, Hugo Boss (Stylized)," that has articles of 14 clothing for ladies, gentlemen, and children? 15 A. Okay. 16 Q. And the following page, do you see Boss, 17 Hugo Boss, in a Green Square, "Articles of clothing 18 for women, men, and children"? 19 A. Okay. So what about it? I see all of 20 them, what you say. 21 Q. Well, my question earlier was were you 22 aware that Hugo Boss had a range of marks using the 23 term "Boss" in connection with articles of clothing 24 for children? Are you aware of that now? 25 A. Now, yes. But I've never seen it, but I
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Page 61 1 see from the article. 2 Q. Are any of the options that you listed in 3 your letter to Lisa Rosaya in April of 2007 to 4 resolve this matter amicably still available in your 5 mind to you? 6 A. It depends on your approach. I personally 7 don't like to argue with anything about this. It's 8 totally wasting my time and effort. This is your 9 business, making living by doing this. But I'm using 10 my spare time doing it. So, if you are trying to 11 settle with me, then sure, show me. 12 Q. What would you like us to show you? 13 A. I have no idea. That's your call. 14 Q. Well, we're unclear that -- I mean, I will 15 talk to you off line about this, but as far as the 16 question goes, when you say "show me," I don't know 17 what you mean by that? 18 A. Okay. Well -- 19 Q. My question -- 20 A. Okay. Okay. My -- what I meant was if you 21 want to settle this case, please approach me. It's 22 not something I'm approaching at this point, because 23 I approached two years ago, and it was all denied, 24 basically. And then last month, Ms. Rosaya 25 approached me to settle -- the same thing that I
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Page 62 1 approached two years ago, and that's -- we went too 2 far for that by now. 3 And last two years I learn more about 4 trademark and what's my right, and I totally disagree 5 what you againsting me for this case, so -- 6 Q. What would you be looking for to settle the 7 case? It's hard to understand what you mean by "show 8 me." What do you want to see? 9 A. I would like to see your approach. So I 10 don't know what you're going to try to do to settle 11 this case, but I'd like to see what you're going to 12 show me. That's what I meant. 13 Q. Right. But what -- in your mind, what is 14 an acceptable settlement of the case? 15 A. Okay. Again, I -- see, that's not my thing 16 to think. It's your thing to -- 17 Q. Well, it's hard to -- my question is it is 18 your thing to think because we're asking you what 19 would you accept to settle the case. And one of the 20 things, obviously, that has been discussed is your 21 withdrawal of your federal trademark registration. 22 A. Right. 23 Q. With various other conditions discussed. 24 And it's unclear to me what you mean when you say 25 "show me," what would be acceptable to you.
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Page 63 1 A. Okay. 2 Q. Because I do believe that that has been 3 conveyed to you, that that would be one of the 4 conditions, we'd like you to withdrawal or abandon 5 the federal trademark registration. 6 A. Okay. Of course. The best solution is you 7 withdraw this with prejudice so you're not going to 8 go against me anymore. I can do whatever I want with 9 this name. But if it's not the case, you can 10 purchase everything I have related to Child Boss from 11 me. And again, that was one of the options I asked 12 you two years ago -- not you personally, but -- 13 because I cannot just drop it, because everything 14 started from this name in my particular case. 15 It's not that I had the business prior 16 or anything like that. After I got this Child Boss 17 name, all the imagination started from here, and even 18 now. So it meant a lot for me. I cannot just drop 19 it. 20 Q. So I guess when you say that there aren't a 21 lot of options, then, for an amicable resolution, I 22 don't -- I don't understand what you want to be shown 23 is -- is the question. What is it you want us to 24 show you? 25 A. Huh?
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Page 64 1 Q. What do you want to be shown in order to 2 resolve this? 3 A. What I want to see is what you can -- what 4 you can tell me to close it. What kind of option I 5 have. You are the attorney. I'm not. I don't know 6 what people settling other cases. 7 Q. Thank you. So -- so you would be willing 8 to consider a sum of money in order to -- in exchange 9 for abandoning the federal registration? 10 A. That's one -- one option. Again, I wish 11 you can drop this -- this case now, but if it's not 12 possible and -- I'm okay to proceed -- you know, go 13 whole nine yard with you. But, of course, it's not 14 desirable. So, if you can do it, I will -- I would 15 consider definitely. 16 Q. You would consider a payment of a sum of 17 money in order to withdraw your trademark 18 application? 19 A. Yes. Yes. 20 Q. Looking at Exhibit -- let's look at 21 Exhibit 13. You can get that from the court 22 reporter. It is your answer. 23 A. Okay. 24 Q. Did you draft this yourself, Mr. Igari, 25 this answer?
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Page 65 1 A. I typed it, yes. 2 Q. And did you come up with the answers to put 3 on the page? Are those your responses? 4 A. You mean is this my original sentence? 5 That's what you meant? 6 Q. Did you -- were you responsible for the 7 content of this answer? 8 A. That's -- yes, that's correct. 9 Q. Okay. And can you turn now to Page 3 of 10 the answer that's titled "Affirmative Defense"? 11 A. Okay. 12 Q. What -- what is meant there by the term 13 "affirmative defense"? 14 A. That's my right to argue with you. 15 Q. Okay. And how did you learn about what an 16 affirmative defense was? 17 A. Well, as I received all those questions 18 from you, I had to learn what is the rule to reply. 19 So I went to the trademark Web site and studied other 20 cases or went to Google to how to answer the 21 questions, and then I picked the similar questions or 22 exact same questions and then evaluate the contents. 23 And then basically if I have the -- agree with the 24 contents against the questions, I basically use it as 25 is or use it by rephrasing the phrase.
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Page 66 1 Q. Okay. And when you came up with various 2 affirmative defenses listed 1 through 8 on Pages 3 3 and 4 of your answer, did -- did you come up with 4 those yourself, or did you consult with anybody? 5 A. No, I didn't talk to anybody. 6 Q. And you basically looked at other answers 7 on the Web site and in Google. Is that what you 8 said? 9 A. That is correct. 10 Q. Okay. 11 A. First I was writing myself, but again, I 12 don't think my English is that good, so -- 13 Q. I'm going to direct your attention now to 14 Exhibit 3, which was the interrogatory answers that 15 you sent out on February 12th, 2008. You already 16 have them. 17 A. Okay. 18 Q. I'll give you a moment to grab that. 19 A. Okay. I have one now. 20 Q. Okay. A lot of the answers that you gave 21 in the responses to interrogatories were -- were not 22 applicable. Do you see that on Page -- on the second 23 page of your answers? 24 A. Yes. 25 Q. And what did you mean by the phrase "not
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Page 67 1 applicable"? 2 A. It means I cannot answer because I don't 3 have -- I only have Child Boss. I don't have 4 product. I don't have business plan. I don't have 5 any receipt or account other than the $100, 6 Washington Mutual. I don't know the question -- the 7 question doesn't list here, but basically there's 8 nothing to talk about from me. That's what I meant. 9 Q. Okay. So "not applicable" means that -- 10 when you answered the question, it meant that you did 11 not have what it was that the question was seeking? 12 A. That -- that is basically correct. 13 Q. One moment. Okay. Sir, I'm looking at 14 your answer to Interrogatory No. 20, and you say, 15 "Question not cleared." And I -- No. 20, just so the 16 record is clear, was, "State the earliest date upon 17 which you intend to rely for priority in this 18 proceeding and describe in detail the 19 circumstances" -- and there's a paren phrase -- 20 "giving rise to such alleged actual or constructive 21 priority rights specifically including, without 22 limitation, an identification of the mark or 23 designation being relied upon and the goods or 24 services offered or applied for under that mark or 25 designation on that date."
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Page 68 1 Is "question not cleared" mean you did 2 not understand that interrogatory? 3 A. Well, I understand each one meaning, but 4 when it combines to that phrase, I'm not quite sure 5 what's the point of question. 6 Q. No. 20? 7 A. Which No. 20? I'm sorry. I'm still 8 looking for it. 9 Q. Right. Interrogatory No. 20 asks you to 10 state the earliest date you intend to rely on for 11 priority of use in this proceeding. 12 A. Oh, yeah, because -- use of the mark. 13 Right? 14 Q. Correct. 15 A. Yeah. Okay. Well, if that -- because the 16 sentence was so long, I didn't know if my answer that 17 simple is okay. But there is no set date. As soon 18 as everything is done and I manufacture the T-shirt 19 back then, and then if I can take a picture and put 20 it on the Web site, you know, then that's the 21 beginning of my business. 22 Q. Okay. I guess the question is more 23 specific, really, about what the earliest date you -- 24 you intend to rely on for use. 25 A. Okay. Then that's not applicable, because
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Page 69 1 I didn't know when I can finish -- create the Web 2 site back then, because I just got it, and then -- 3 Q. Okay. Okay. I guess, so the record is 4 clear, I was reading from what has been marked in 5 this deposition as Exhibit 2, which is our actual 6 discovery request to you. So I'd just like to hand 7 you Exhibit 2 and introduce it now. I was reading 8 from Page 15, which was Interrogatory No. 20. 9 A. Oh, okay. I'm sorry. I got it just now. 10 Page 20? 11 Q. Page 15. 12 A. Oh, 15? Okay. Okay. 13 Q. That's all. I just wanted to show you 14 where I was reading from. 15 A. Oh, okay. Thank you. 16 MS. BALLARD: Hold on. We're going to 17 take like a quick break right now, probably like two 18 or three minutes, and then we'll go back online. 19 (Recess from 11:20 a.m. to 11:26 a.m.) 20 Q. (By Ms. Ballard) Okay. I wanted to just 21 have Mr. Igari look at Exhibits 7 and 8, which are, I 22 will represent to you, printouts that we made from 23 our visit to the childboss.com and childboss.net Web 24 sites. So we'll first look at Exhibit 7, which is 25 the www.childboss.com printout.
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Page 70 1 A. Yes. 2 Q. Do you see that, Mr. Igari? 3 A. Yes, I do. 4 Q. And is that a fair and accurate 5 representation of the page that comes up when one 6 puts childboss.com into their browser? 7 A. I -- I think so. I don't remember the last 8 time I visited, but yes. 9 Q. And this is your Web site, childboss.com, 10 that you testified about earlier? 11 A. That is correct. 12 Q. That you registered in or around 2006? 13 A. 2006? 14 Q. Right? Or 2007? 15 A. Yes. Well, I cannot recall the exact date, 16 but I -- I renewed back in March, so it should be a 17 little bit over two years. 18 Q. It was April, I believe, you answered 19 previously. 20 A. Okay. Sure. 21 Q. Okay. And do you -- if somebody comes to 22 your Web site, do you receive any fees or referral 23 fees if you send them to another place? 24 A. No. 25 Q. What about if they click into the links
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Page 71 1 that are on your Web site? 2 A. No. I haven't done anything to this Web 3 site. 4 Q. Okay. And is that -- looking at 5 www.childboss.net, which is Exhibit 8 -- do you see 6 that? 7 A. That's aplus.net, the company of -- the 8 hosting company's advertisement there. So they do 9 all the customers -- their customers' Web site if the 10 contents are not used. So basically this 11 advertisement is toward me. If I use their service, 12 I can create the Web site quickly or whatever. 13 MS. ROSAYA: Okay. So you derive no 14 income from the ownership and present use of these 15 Web sites? 16 A. No. 17 Q. (By Ms. Ballard) If we were to try to 18 resolve the trademark application of Child Boss and 19 we also included within that a transfer of the domain 20 names, would you be seeking a sum of money for the 21 transfer of the domains as well? 22 A. Okay. You say drop the Child Boss from the 23 trademark registration and also drop it or I just 24 give it to you? That's what you mean? 25 Q. If we were resolving this matter, yes.
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Page 72 1 A. Okay. It means -- anyway, I cannot use it, 2 if that's what you meant. Sure, if I cannot do the 3 trademark -- it's pretty much set for me, my Web 4 site, my logo. Now, my company's name, Child Boss, 5 it could be included or not. It depends. 6 Q. Hold on. You said -- you made a reference 7 earlier to your logo, your Child Boss logo. What is 8 that? 9 A. It means -- well, that's what you've been 10 calling my Child Boss, as a logo. I don't have any 11 design mark at this point. 12 Q. Oh, okay. 13 A. Yeah. 14 Q. Okay. Do you have any documents that you 15 have in your mind that you intend to use in this 16 proceeding in order to press on your (audio 17 interruption) -- which documents do you intend to use 18 in evidence in this proceeding? 19 THE REPORTER: I'm sorry. You broke 20 up again near the middle of that question. 21 Q. (By Ms. Ballard) What documents, if any, 22 do you intend to use as evidence in this opposition 23 proceeding? 24 A. Oh. Against you? Am I right? 25 Q. What question, sir?
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Page 73 1 A. No. Okay. Again, excuse my English. So 2 you say which document I use to proceed this 3 opposition againsting you. Right? 4 Q. Right. Do you have any documents in your 5 mind that you plan to rely on or put into evidence in 6 this proceeding? 7 A. No. At this point, my argument is there is 8 no likelihood with Hugo Boss and the Child Boss. 9 That -- that's pretty much it. If I have to get it 10 to prove it, I don't know how much I can do. But 11 it's pretty straightforward. I don't think I need 12 other evidence. 13 Q. You mean your -- your case is essentially 14 that you believe there's no likelihood of confusion? 15 A. No. 16 Q. Is that correct? 17 A. That is correct. Let me see. 18 Q. But you don't have any specific documents 19 that you intend to rely on. Is that correct? 20 A. Rely on that Child Boss no likelihood of 21 Hugo Boss? 22 Q. I'm just asking broadly. Are there any 23 documents that you intend to rely on to show that 24 there's a likelihood of confusion? 25 A. No, I don't.
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Page 74 1 Q. So then your belief is no, there is not. 2 Is that your answer? 3 A. That is correct. And probably history. 4 Q. I didn't catch your last answer. What was 5 the last thing you said? 6 A. I believe myself, my idea, and then the 7 history of the -- your previous cases or other 8 infringement cases speaks itself that I don't have 9 any likelihood with Hugo Boss logo. 10 Q. And when you say the history of your cases, 11 what do you mean by that? 12 A. Well, as I learned about my case, I see who 13 you oppose to and who oppose you, and other cases 14 that don't related to us, too. And then some of the 15 case -- I don't recall any specific one -- they made 16 a point, and they got the case. And I believe my 17 case is just like that. 18 Q. What case are you talking about? 19 A. I don't recall any particular one, but 20 basically there is infringement cases everywhere 21 going on, and it's not always sure that one who 22 oppose is winning cases. That's what I meant. 23 MS. ROSAYA: Are you saying that where 24 Hugo Boss was a party who brought a notice of 25 opposition at the trademark trial and appeal board,
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Page 75 1 that there have been decisions against Hugo Boss? 2 A. I'm not sure. But again, I didn't really 3 read -- to look for the other cases. You know, I'm 4 just looking at it to refer a particular question or 5 something like that. So I don't recall exactly. 6 But what I'm saying is -- answering 7 your question, I don't have any document, but I 8 believe, because of those things I read through on 9 the Web site, and my comments, yes, that Child Boss 10 has nothing to do with Hugo Boss, no confusion of the 11 likelihood or -- what's the right term -- confusion 12 or mistake. I can bring up another -- another 13 example is the naming convention that the Boss has 14 is -- it's always Boss something. It's not something 15 Boss. 16 And also I think I stated somewhere 17 there is many other company names that use Boss, 18 so -- in the 025 category. So I'm not the only one 19 who is using Boss besides Hugo Boss. Therefore, 20 conclusion, I think I don't really need other 21 evidence, material to prove that -- my position, 22 because history itself is showing. 23 Q. Okay. Are you done with your answer now? 24 A. Thank you for listening. 25 Q. Sir, are you done?
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Page 76 1 A. Yes. Uh-huh. 2 Q. Okay. One moment. We may be wrapping up 3 here. I just want to check and see if there's 4 anything further. 5 (Brief recess) 6 MS. BALLARD: Okay, sir. We're done 7 today. 8 THE WITNESS: Great. 9 MS. BALLARD: And thank you for taking 10 the time to come in and -- to the airport, I guess. 11 I don't know how far that is. 12 THE WITNESS: Sure. 13 MS. BALLARD: I assume Austin is 14 easier to get to than New York. 15 THE WITNESS: Well, I thought you were 16 here today, but apparently was not. 17 MS. BALLARD: I'm there in spirit. 18 (Deposition concluded at 11:37 a.m.) 19 20 21 22 23 24 25
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Page 77 1 CHANGES AND SIGNATURE 2 PAGE LINE CHANGE REASON 3 ______4 ______5 ______6 ______7 ______8 ______9 ______10 ______11 ______12 ______13 ______14 ______15 ______16 ______17 ______18 ______19 ______20 ______21 ______22 ______23 ______24 ______25 ______
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Page 78 1 I, MASARU IGARI, have read the foregoing deposition and hereby affix my signature that same is 2 true and correct, except as noted above. 3 ______4 MASARU IGARI 5 6 THE STATE OF ______) 7 COUNTY OF ______) 8 Before me, ______, on this day 9 personally appeared MASARU IGARI, known to me (or proved to me under oath or through ______) 10 (description of identity card or other document) to be the person whose name is subscribed to the 11 foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration 12 therein expressed. 13 Given under my hand and seal of office this the _____ day of ______, 2008. 14 15 ______16 NOTARY PUBLIC IN AND FOR THE STATE OF ______17 18 19 20 21 22 23 24 25
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Page 79 1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD 2 Hugo Boss Trade Mark ) 3 Management GmbH & Co. KG, ) ) 4 Opposer, ) ) 5 v. ) Opposition No. 91178056 ) 6 Masaru Igari, ) ) 7 Applicant. ) 8 REPORTER'S CERTIFICATION DEPOSITION OF MASARU IGARI 9 TAKEN ON MAY 9, 2008 10 I, Steven Stogel, Certified Shorthand Reporter 11 in and for the State of Texas, hereby certify to the 12 following: 13 That the witness, MASARU IGARI, was duly sworn 14 by the officer and that the transcript of the oral 15 deposition is a true record of the testimony given by 16 the witness; 17 That the deposition transcript was submitted on 18 ______to the witness or the attorney for 19 the witness for examination, signature, and return to 20 me by ______; 21 That pursuant to information given to the 22 deposition officer at the time said testimony was 23 taken, the following includes counsel for all parties 24 of record: 25 Ms. Marcella Ballard, Attorney for Opposer
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Page 80 1 I further certify that I am neither counsel for, 2 AUTHENTIC related to, COPY nor employed by any of the parties or 3 attorneys to the action in which this testimony was 4 taken, and further that I am not financially or The original cert 5 otherwise interested in the outcome of this action. 6 Further certification requirements pursuant to 7 file was the electronicallyRules will be signedcertified to after they have 8 occurred. 9 using RealLegal Certified technology. to by me this the ______day of 10 ______,ified E-Transcript 2008. 11 12 ______STEVEN STOGEL, Texas CSR 6174 13 Expiration Date: 12/31/08 Firm Registration No. 69 14 2501 Oak Lawn Avenue, Suite 435 Dallas, Texas 75219 15 16 17 18 19 20 21 22 23 24 25
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Page 81 1 FURTHER CERTIFICATION PURSUANT TO THE RULES 2 The original deposition was/was not returned to 3 the deposition officer on ______; 4 If returned, the attached Changes and Signature 5 page contains any changes and the reasons therefor; 6 If returned, the original deposition was 7 delivered to ______, Custodial Attorney; 8 That $______is the deposition officer's 9 charges to the Opposer for preparing the original 10 deposition transcript and any copies of exhibits; 11 That a copy of this certificate was served on 12 all parties shown herein. 13 Certified to by me this the ______day of 14 ______, 2008. 15 16 ______STEVEN STOGEL, Texas CSR 6174 17 Expiration Date: 12/31/08 Firm Registration No. 69 18 2501 Oak Lawn Avenue, Suite 435 Dallas, Texas 75219 19 20 21 22 23 24 25
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bcafcba2-968f-4282-8d47-cf8df1455015 [Signature pages to follow]
EXHIBIT 4 Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA233891 Filing date: 09/01/2008 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91178056 Party Defendant Igari, Masaru Correspondence IGARI, MASARU Address 12740 WITHERS WAY AUSTIN, TX 78727-4558 UNITED STATES [email protected] Submission Other Motions/Papers Filer's Name Masaru Igari Filer's e-mail [email protected] Signature /Masaru Igari/ Date 09/01/2008 Attachments Argument Points.pdf ( 2 pages )(5582 bytes )
EXHIBIT 5 HUGO BOSS Sailing Page 1 of 1
http://www.hugoboss-sailing.com/ 10/22/2008 Page 1 of 2
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3 months ago: British Formula 1 driver Lewis Hamilton, white jacket, aboard the Open 60 yacht Hugo Boss during the Round the Island Race, off Cowes, the Isle of Wight, near Portsmouth, southern England Saturday June 28, 2008. Just before the start of the race Hugo Boss snapped her bowsprit after a collision with a yacht called Atomic which was dismasted. There is a record entry of 1,875 boats for the 50 mile circumnavigation which was first held in 1931.
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15 months ago: British Formula One pilot Lewis Hamilton poses onboard a vintage racing car 12 July 2007 during a photocall at Berlin's Brandenburg Gate during the opening of the Berlin Fashion Week. Hugo Boss, Sisi Wasabi, Vivienne Westwood and other fashion designers will present their collections during the event running until 15 July 2007
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EXHIBIT 6
Page 1 of 1
Fashion Week Lives on with Hugo Boss's Swank Show
Renata Espinosa October 18th, 2007 @ 1:36 PM New York
Designers or brands who want to attract more attention to their runway show might take a cue from Hugo Boss and not show during the regular semi-annual schedule of worldwide ready-to-wear shows – February, March, September and October, and instead stage a major must-attend event off the main calendar, when just enough time has passed after the last show in Paris and the fashion pack is just itching for an excuse to reunite with a swanky party.
Last night, Oct. 17, the German-based brand Hugo Boss did just that with its BOSS Black collection showing in New York at the splendid Cunard building, a historic structure in the financial district downtown. An international crowd of 600, many of whom flew in especially for the show, mingled pre-show in the lobby swilling champagne before taking their seats across from Kristen Davis, Julianne Moore, Maggie Gyllenhaal, Kate Winslet and Anna Wintour, all of whom were in the front row.
BOSS Black Spring/Summer 2008, a womenswear and menswear range designed by Ingo Wilts and at the top of the Hugo Boss totem pole (other lines include the more casual Orange, Green and HUGO Hugo Boss brands), opened with Catherine McNeal, their campaign model, in a white suit with trousers tapered at the ankle, kicking off a passage of various white suits.
The suit for both men and women, along with transparency, were the dominant themes of the show, which featured plenty of shirts and dresses in semi-transparent fabrics, something seen on many runways for Spring. Sheer button- down shirts for both men and women were worn underneath suits, giving an unexpected twist on a familiar look. So did the use of shiny techno fabrics and boxy cropped blazers for the women.
More standard were the dresses, familiarly belted at the waist with wide patent belts, and high-waisted, softly pleated skirts that with a length that fell below the knee. Overall there wasn’t much color, save for a few evening looks in berry red and dusty purple, but off-setting the neutral palette were some spiffy patent shoes that the men wore in high-gloss grey or navy blue.
Immediately following the show, a group of servers in French maid outfits came out with carts full of food and champagne, kicking off of a raring after-party DJ-ed by the ubiquitous MisShapes.
©2008 Fashion Wire Daily
You can see the original article here: http://www.fashionwiredaily.com/first_word/fashion/article.weml?id=1500
http://www.fashionwiredaily.com/first_word/media/article_print.weml 10/22/2008 'Dancing' star Helio Castroneves faces tax evasion charges! | The Dish Rag | Los Angeles Times Page 1 of 4
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« Sarah Palin's secret talent: The girl can blow! | Main | Sarah Palin's sister thinks Tina Fey is 'dead on' » 'Dancing' star Helio Castroneves faces tax evasion charges! "Dancing with the Stars” hunk Helio Castroneves may soon be dancing to the Jailhouse Rock.
The pro race car driver was indicted today in Florida on a federal income tax case.
Castroneves, who charmed judges and the audience with his winning moves and sexy smile, is accused of siphoning millions of GOLD DERB dollars in income to a Panamanian shell company from 1999 to 2004.
The Brazilian-born Castroneves, 3, is expected to appear in a Miami court on Friday to face charges of conspiracy and tax evasion.
If convicted of all charges, he faces a maximum penalty of 35 years in prison.
His sister and business manager Katiucia Castroneves and his attorney, Alan Miller, POP & HISS were also indicted.
Yikes.
Let’s see him try to dance his way out of this!
Photo: Helio Castroneves at a Hugo Boss event on April 12 in New York. Credit: WireImage
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Comments THE FEINBE http://latimesblogs.latimes.com/thedishrag/2008/10/dancing-star-he.html 10/22/2008 Rays are relevant at last | HeraldTribune.com | Southwest Florida's Information Leader Page 1 of 3 back to article
Printed on page C1 Rays are relevant at last
Tampa Bay tops 'SportsCenter,' hogs magazine covers and even steals spotlight from Bucs
By Dennis Maffezzoli
Published: Thursday, October 9, 2008 at 1:00 a.m.
ST. PETERSBURG
Of all the numerous, lofty accomplishments the Tampa Bay Rays achieved this season -- the overall record, the opponent's batting average, the bullpen earned run average, the fielding percentage -- one area can not be measured tangibly.
The Rays have become significant. ASSOCIATED PRESS / CHRIS O'MEARA The Rays have become relevant. Rays right fielder Gabe Gross laughs during a workout Wednesday in St. Petersburg. The Red Sox take on the Suddenly, the Rays matter. Rays in Game 1 Friday night.
They are on the front pages of newspapers, not just the sports pages.
They are on magazine covers.
They are on the first minute of ESPN's "SportsCenter."
Locally, they are stealing time and space away from the Tampa Bay Buccaneers and Tampa Bay Lightning.
They are actually newsworthy and noteworthy.
They mean something.
"There was a point in time where people didn't even know who we were," center fielder B.J. Upton said.
When Tampa Bay was mentioned, it usually was the brunt of some joke.
The team has been on the baseball radar since March 9, 1995, when it officially became an http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20081009/ARTICLE/810090397/2050/SP... 10/22/2008 Rays are relevant at last | HeraldTribune.com | Southwest Florida's Information Leader Page 2 of 3 expansion team.
It wasn't until the ownership group headed by Stuart Sternberg took over in Oct. 6, 2005, when Tampa Bay became a legitimate blip on the baseball map.
On the same day, Matt Silverman was named team president.
Less than a month later, Andrew Friedman became the team's vice president of baseball operations.
Less than two weeks later, Joe Maddon took over as manager.
Sternberg and Silverman handled the public relations nightmares off the field, smoothing wrinkles caused by former managing partner Vince Naimoli and investing in Tropicana Field, making the home field more of a ballpark atmosphere than a warehouse.
Friedman and Maddon began the transformation on the field, determining and securing the core players and identifying the weak spots.
In three short seasons, it all fell squarely into place.
The Rays exorcised the Devil from its name, changed colors and developed an attitude, a winning attitude.
It came in spring training, when they were involved in two altercations in a five-day span with the New York Yankees and ended the Grapefruit League with the best record.
The brash, fundamentally sound team play gushed into the regular season.
The team won 20 more games at home and 31 more overall than the previous season, one of the greatest turnarounds in not only baseball, but sports history.
The Trop became a place to go with 23 regular season crowds of 30,000 or more, including eight sellouts, four more than the previous season best.
The Rays' flare for dramatics resulted in 11 walk-off victories, all followed by wild on-field celebrations.
When the Rays clinched their first playoff spot Sept. 20 at home against Minnesota, their first American League East title Sept. 27 after the Yankees defeated the Boston Red Sox and their first playoffs series victory Monday in Chicago against the While Sox, the celebrations grew.
"That never gets old right there, man," Maddon said after the most recent. "When you get a chance at any time to celebrate -- and our guys are really good celebrators by the way, very proud of them in that regard -- you got to go for it."
The articulate, quirky, Hugo Boss glasses-wearing Maddon has strategically placed slogans and inspirational quotes around the clubhouse and his office, which contains a variety of books. http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20081009/ARTICLE/810090397/2050/SP... 10/22/2008 Rays are relevant at last | HeraldTribune.com | Southwest Florida's Information Leader Page 3 of 3
They aren't just for show.
One that has taken off is 9= 8: Nine players playing hard every game to become one of the eight playoff teams.
"I didn't know what it meant at first for a while," left fielder Carl Crawford said. "We definitely bought into it."
The one thing Maddon has instilled in his players also can't be documented with numbers or phrases.
It's hope and belief that if something is done right and the game is played properly, great things can be accomplished.
With all the records, statistics, feel-good stories like Rocco Baldelli's comeback, phenom stories like the emergence of Evan Longoria, transformation projects like J.P. Howell and Grant Balfour, the Rays have risen to a standing and status never seen before in these parts.
With it comes something else.
Relevance.
The Rays matter now.
And with the youngest team in the playoffs, they could matter for a long time to come.
This story appeared in print on page C1
http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20081009/ARTICLE/810090397/2050/SP... 10/22/2008 EXHIBIT 7 Images - The Terminal
M O V I E R E V I E W B Y D A V I D G U R E V I C H
It happened by mistake. In the normal course of events, I would not have gone to see a lyrical comedy by Steven Spielberg. But I was out of the country and so must have missed the media-saturation PR campaign without which a maitre's new release is unthinkable. All I had to go by was "Spielberg/ Hanks Ð The Terminal". Having spent an inordinate amount of time in the latter, I said, What the hell. The result: a two-hour-long mistake.
Well, I over-dramatize. There's plenty of hilarious gags in the film - what's a big-budget Hollywood comedy without gags? Especially in the beginning, and mostly at the foreigners' expense. But Spielberg is no Zucker Brother, and this is not The Terminal! In fact, the title itself is misleading. It should have been The Love Terminal, The Freedom TerminalÈI suspect http://www.imagesjournal.com/2004/reviews/terminal/ (1 of 4) [10/22/2008 6:27:14 PM] Images - The Terminal most wags will use The Terminal on the Hudson, though God forbid that Spielberg be suspect of following in Paul Mazursky's Ð or anybody's Ð footsteps. The stark The Terminal evokes a Kafka universe. And so does the opening of the film.
Amid smiles and excitement, an affable foreigner named Victor Navorski (Tom Hanks, incapable of being not nice, even when playing a killer-for-hire in Road to Perdition) arrives at JFK. Suddenly his passport and his visa are pronounced invalid. Turns out that while Mr. Navorski was aloft, his home country, the fictional Krakozia, had gone through a military coup. (Numerous CNN screens all over the airport keep running Wag-the-Dog-like footage of tanks on country roads and grannies in babushkas plodding through fields.) The US have not recognized the junta in power, and so Mr. Navorski is stuck: he can't enter the US and he has no country to go back to. The Federal bureaucracy is at a loss. I am prepared to suggest the character's name should be Victor N.
The bureaucracy is personified by a Mr. Dixon, played by Stanley Tucci Ð an utterly thankless part that the star of Murder One and The Big Night could play in his sleep. Dixon is about to take over the top job in the Department of Homeland Security, and the unresolved case on his turf is the last thing he needs. Dixon tries hard to lure Navorski to break the law and leave the no-man's-land of the international lounge, to be promptly arrested by FBI or NYPD and thrown in the
dreaded immigration jail. But Navorski, partly by instinct, partly because he doesn't understand enough English, stubbornly resists Dixon's ruses and stays a huge thorn in Dixon's side. Moreover, though deprived of language or money or a bed, Navorski does not merely survive; with as much panache as Hanks in Cast Away, he treats the abandoned Gate 67 as a prairie homestead, turning it into a livable space. Turned down for every job ("Social Security?" "Daytime phone?"), he practically creates a job by himself; he becomes a mascot of the multicultural blue-collar population of the terminal (used to be called "the masses"), and even has the ever-gorgeous Catherine Zeta-Jones, a stewardess with a heart of gold, fall in love with him. To sum it up, Navorski's sheer enthusiasm and resourcefulness make him the real American not the evil bureaucrat behind the glass wall. I Ð was eagerly expecting Mr. Navorski to run for Congress from http://www.imagesjournal.com/2004/reviews/terminal/ (2 of 4) [10/22/2008 6:27:14 PM] Images - The Terminal the specially formed Terminal District (in Hollywood, things like citizenship and party nominations are generally resolved within 24 hours).
But that would be another director's universe. For example, Homeland Security is a legitimate target, as anyone who has stood with his shoes in his hands at an airport security checkpoint can testify (by now a good percentage of population, but perhaps that does not include Mr. Spielberg). But that would require putting some teeth into the satire, while Spielberg composes an old-time liberal Valentine to America Ð but it is drenched in schmaltz and hypocrisy. In order to ram home their Hollywood-spun populist truths, Spielberg and his screenwriters take some dubious shortcuts. For example, Navorski gains his popularity with his fellow workers after he deliberately mistranslates a passenger trying to take some medication out of the country. (The whole episode is quite convoluted, to say nothing of Hanks speaking balderdash to a man who responds in pure Russian, but Spielberg and his ilk would rather admire foreigners than know them.) Obviously, it is OK to break a stupid law, as long as the masses are happy. Great lesson. Mob law is just where we want to go as a country; let's just wait for China and Pakistan to come along.
But even Spielberg's hallowed populism is skin-deep. The three workers who help Navorski survive are a modern-day liberal equivalent of a WWII bomber crew: a Hispanic (or is it a Latino?), an African-American, and an Indian (could have been a Chinese in Draft No.89, but Kumar Pallana had been wooing them ever since Bottle Rocket). All of them struggle against the evil WASP behind the glass wall upstairs - but in Spielberg's America they help the evil WASP "discover his humanity" (some call it "re-educating"). Do I see Rev. Jesse and La Raza applauding?
Maybe not, because the little non-white people in the movie serve one purpose only: helping the Big White Man out of the jam. As far as multiculturalism is concerned, Mr. Spielberg has been in a deep Rip-van-Winklean sleep. If he and his screenwriters ever had to deal with a government bureaucracy for housing or public assistance or law enforcement, they would see non-whites in executive positions all over the place. Not in Hollywood, apparently Ð http://www.imagesjournal.com/2004/reviews/terminal/ (3 of 4) [10/22/2008 6:27:14 PM] Images - The Terminal and that's the nub. Healer, heal thyself.
I will not even dwell on the shameless product placement that goes beyond anything I have seen in a long time. United Airlines, Burger King, Sbarro, Borders, Hugo Boss, Ramada Inn Ð for two hours we are bombarded nonstop with brand names. Sure enough, right outside the theater, you can espy Tom Hanks in the Hugo Boss store windowÈ if this is the price of populism, give me elitism.
The film is not without its small pleasures, including Tom Hanks' impeccable comic timing, which we haven't seen since Bosom Buddies. But these little gems drown in the tidal wave of nauseating trickle that Spielberg unleashes upon the audience towards the end. I have no doubt that Mr. Spielberg loves America, but living in his America is not good for your sugar level.
[rating: 2 of 4 stars]
Distributor Web site: DreamWorks Pictures Movie Web site: The Terminal
Photos: © 2004 DreamWorks Pictures. All rights reserved.
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http://www.youtube.com/watch?v=118GmArZW04 10/22/2008 EXHIBIT 8
Guggenheim Museum - Exhibitions - The Hugo Boss Prize 2006
TACITA DEAN February 23ÎJune 6, 2007
Throughout her oeuvre, which includes such diverse mediums as drawing, sound, found photographs, and film, Tacita Dean (b. 1965, England) has investigated our culture of obsolescence, exploring such themes as architectural relics, portraiture, history, and memory. But it is perhaps the compelling 16mm films that highlight cinematic properties for which the artist is best known. Dean has a particular relationship to the medium, for she is related to two of Great Britain's cinema pioneers, Basil Dean (1888Î1978) and Michael Balcon (1896Î1977), production heads of the celebrated Ealing Studios. Her films, which more often resemble meditative portraits of a place than narrative accounts, have explored traces of modern myths, such as sailors lost at sea; natural phenomena, including a solar eclipse and the flash of a green ray that can occur at sunrise and sunset; as well as Berlin's architectural relics of its formerly divided past.
On view in this exhibition are three worksÏKodak, Noir et Blanc, and Found Obsolescence (all 2006)Ïthat address the medium of celluloid film, a format that is becoming increasingly scarce as it is replaced by digital alternatives. Engaging a wide-spread debate, Dean describes the superior ability of film "to make as near as perfect simulacrum of our visual world, which digital still fails to replicate despite its increasing proliferation of pixels." While digital formats are becoming increasingly more sophisticated, film is still considered to capture light more accurately, achieve greater clarity and depth of field, and also better depict blacks, HUGOBOSS-PRI ZE.COM distinctions highlighted by the films on view here. Dean became acutely aware of the threat to her chosen medium ORDER THE CATALOGUE when she was unable to obtain standard 16mm black-and- white film for her camera. Upon discovering that the Kodak factory in Chalon-sur-Saône, France, was closing its film production facility, Dean obtained permission to document the manufacture of film at the factory, where cameras have never before been invited. The resulting rear-screen projection Noir et Blanc, filmed on the final five rolls Dean acquired, turns the medium on itself. The 44-minute-long work Kodak constitutes a contemplative elegy for the approaching demise of a medium specific to Dean's own practice. Kodak's narrative follows the making of celluloid as it runs through several miles of machinery and explores the abandoned corners of the factory. On the day of filming, the factory also ran a test through the system with brown paper, providing a rare opportunity to see the facilities fully illuminated, without the darkness needed to prevent exposure, and underscoring the luster of the celluloid as the dull brown strips contrast with the luminous, transparent
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polyester. Also on view is a relic of Dean's visit- Found Obsolescence is a strip of unexposed 16mm negative found in the factory's sprocket machine, the holes abruptly stopping before production was completed.
Dean frequently draws viewers' attention to overlooked or unseen aspects of her subject in all media. In 2005, she began work on a series of found postcards featuring trees, which she modified with overpainting. Following this, Dean similarly treated enlarged photographs that she had taken of monumental trees in southeastern England. Majesty (portrait) (2007), the fourth work on view, consists of a photograph of a noble oak tree, upon which Dean has painted over the background with white pigment, rem oving any excess details and leaving the subject ever so more imposing in its solemnity.
Established in 1996 to recognize significant achievements in contemporary art, the Hugo Boss Prize is a biennial award administered by the Solomon R. Guggenheim Foundation and presided over by an international jury of museum directors, curators, and critics. The prize carries with it an award of $50,000. Past winners of the prize are: Matthew Barney (1996), Douglas Gordon (1998), Marjetica Potrc (2000), Pierre Huyghe (2002), and Rirkrit Tiravanija (2004).
ABOVE, TOP TO BOTTOM:
Still from Kodak, 2006. 16mm color and black-and-white film, with optical sound, 44 minutes. Edition of 4, 1 A.P. Courtesy Marian Goodman Gallery, New York and Paris, and Frith Street Gallery, London
Still from Noir et Blanc, 2006. 16mm black-and-white film, with optical sound; 4 minutes, 30 seconds. Courtesy Marian Goodman Gallery, New York and Paris and Frith Street Gallery, London
Found Obsolescence, 2006. Found unexposed 16mm Kodak negative, 17 x 61 x 4 cm. Collection of the artist
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The Hugo Boss Prize is awarded every other year to an artist (or group of artists) working in any medium, anywhere in the world. The prize is administered by the Guggenheim Museum and sponsored by the Hugo Boss clothing company. It carries with it a cash award of US $100,000 and a tetrahedral trophy. A jury of curators, critics and scholars is responsible for the selection of the artists. They nominate six or seven artists for the short list; several months later, they choose the winner of the prize. In 1996 and 1998, the nominated artists exhibited their work at the now-defunct Guggenheim Soho; since 2000, only the winning artist has shown his or her work.
History of the Prize
1996
The first Hugo Boss Prize was awarded to Matthew Barney, an American filmmaker and sculptor. Other nominees were:
{ Laurie Anderson (United States)
{ Janine Antoni (United States)
{ Cai Guo-Qiang (China)
{ Stan Douglas (Canada)
{ Yasumasa Morimura (Japan)
1998
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Douglas Gordon, a Scottish video artist, won the second Hugo Boss prize. Other nominees were:
{ Huang Yong Ping (China)
{ William Kentridge (South Africa)
{ Lee Bul (South Korea)
{ Pipilotti Rist (Switzerland)
{ Lorna Simpson (United States)
2000
The third Hugo Boss Prize went to Marjetica Potr7, a Slovenian artist, architect and urban theorist working in sculpture and photography. She was the first woman to win the prize, and the only woman until Tacita Dean in 2006. Catalogue seen here: [1] Other nominees were:
{ Vito Acconci (United States)
{ Maurizio Cattelan (Italy)
{ Michael Elmgreen and Ingar Dragset (Denmark and Norway)
{ Tom Friedman (United States)
{ Barry Le Va (United States)
{ Tunga (Brazil)
2002
Pierre Huyghe, a French artist who works in multiple media, won the fourth Hugo Boss Prize. Other nominees were:
{ Francis Alÿs (Mexico)
{ Ólafur Elíasson (Denmark)
{ Hachiya Kazuhiko (Japan)
{ Koo Jeong-a (South Korea)
{ Anri Sala (Albania)
2004
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The fifth Hugo Boss Prize was awarded to Rirkrit Tiravanija, a Thai artist born in Buenos Aires who now works in New York, Berlin and Bangkok. Other nominees were:
{ Franz Ackermann (Germany)
{ Rivane Neuenschwander (Brazil)
{ Jeroen de Rijke and Willem de Rooij (The Netherlands)
{ Simon Starling (United Kingdom)
{ Yang Fudong (China)
2006
The sixth Hugo Boss Prize was awarded to British Tacita Dean. Other nominees were:
{ Jennifer Allora & Guillermo Calzadilla (US and Puerto Rico)
{ John Bock (Germany)
{ Damián Ortega (Mexico)
{ Aïda Ruilova (US)
{ Tino Sehgal (Germany)
2008 The nominees for the seventh Hugo Boss Prize are
{ Christoph Büchel
{ Patty Chang
{ Sam Durant
{ Emily Jacir
{ Joachim Koester
{ Roman Signer
External links
{ The Hugo Boss Prize
Retrieved from "http://en.wikipedia.org/wiki/Hugo_Boss_Prize" Categories: Contemporary art | Art awards
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{ This version of the page has been revised. Besides normal editing, the reason for revision may have been that this version contains factual inaccuracies, vandalism, or material not compatible with the GNU Free Documentation License.
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