DOCSLIB.ORG

Estta244359 10/22/2008 in the United States

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Estta244359 10/22/2008 in the United States 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.
Load more

Recommended publications
  • Anicka Yi Wins Hugo Boss Prize 2016
    Anicka Yi Wins Hugo Boss Prize 2016 (NEW YORK, NY—October 20, 2016)—Richard Armstrong, Director, Solomon R. Guggenheim Museum and Foundation, and Mark Langer, Chairman and CEO, HUGO BOSS AG, announced tonight that artist Anicka Yi has been awarded the Hugo Boss Prize 2016. Yi is the 11th artist to receive the biennial prize, which was established in 1996 to recognize significant achievement in contemporary art, and marks its 20th anniversary this year. The prize carries an award of $100,000 and is administered by the Solomon R. Guggenheim Foundation. Yi’s work will be presented in a solo exhibition at the Solomon R. Guggenheim Museum, New York, opening in April 2017. Richard Armstrong, Director, Solomon R. Guggenheim Museum and Foundation, stated: “The Hugo Boss Prize is a pillar of the Guggenheim’s contemporary program and we are proud to be commemorating its illustrious 20-year history. Since 1996, the project has identified and celebrated artists working at the forefront of cultural production, and we thank the many eminent international curators and critics who have served as jurors over the past two decades. We congratulate the 2016 prize winner, Anicka Yi, and applaud each of this year’s nominees for their groundbreaking work.” A jury selected Yi from a short list of six finalists, which also included Tania Bruguera, Mark Leckey, Ralph Lemon, Laura Owens, and Wael Shawky. The 2016 jury comprises Katherine Brinson, Curator, Contemporary Art, Solomon R. Guggenheim Museum; Dan Byers, Mannion Family Senior Curator, Institute of Contemporary Art/Boston; Elena Filipovic, Director/Chief Curator, Kunsthalle Basel; Michelle Kuo, Editor in Chief, Artforum International; and Pablo León de la Barra, Guggenheim UBS Map Curator, Latin America, Solomon R.
    [Show full text]
  • Hugo Boss Prize Exhibition Featuring New Works by Simone Leigh Opens at Guggenheim Museum on April 19
    Hugo Boss Prize Exhibition Featuring New Works by Simone Leigh Opens at Guggenheim Museum on April 19 Exhibition: The Hugo Boss Prize 2018: Simone Leigh, Loophole of Retreat Venue: Solomon R. Guggenheim Museum, 1071 Fifth Avenue, New York Location: Tower Level 5 Dates: April 19–October 27, 2019 (NEW YORK, NY, April 18, 2019)—From April 19 to October 27, 2019, an exhibition of new work by artist Simone Leigh, winner of the 2018 Hugo Boss Prize, will be on view at the Solomon R. Guggenheim Museum, New York. Leigh’s presentation will include new sculptures and a sound installation, as well as a printed broadsheet by cultural historian Saidiya Hartman and a film program featuring works by the artist and by director Madeleine Hunt-Ehrlich. Selected by a jury of international critics and curators, Leigh is the twelfth artist to receive the biennial prize, which was established in 1996 to recognize significant achievement in contemporary art. The Hugo Boss Prize 2018: Simone Leigh, Loophole of Retreat is organized by Katherine Brinson, Daskalopoulos Curator, Contemporary Art, and Susan Thompson, Associate Curator, with Amara Antilla, Assistant Curator. The Hugo Boss Prize and the exhibition are made possible by HUGO BOSS. Over the course of a career that spans the mediums of sculpture, video, and social practice, Leigh has continuously and insistently centered on the black female experience. Her sculptural forms, rendered in materials such as ceramic, raffia, and bronze, unify a timeless beauty with valences that are both deeply personal and piercingly political. In this exhibition, on view in the Guggenheim’s Tower Level 5 gallery, Leigh layers form, sound, and text to fashion narratives of resilience and resistance.
    [Show full text]
  • Guggenheim Announces Short List For
    Simone Leigh Wins Hugo Boss Prize 2018 (NEW YORK, NY—October 18, 2018)—Richard Armstrong, Director, Solomon R. Guggenheim Museum and Foundation, and Mark Langer, Chairman and CEO, HUGO BOSS AG, announced tonight that artist Simone Leigh has been awarded the Hugo Boss Prize 2018. Leigh is the 12th artist to receive the biennial prize, which was established in 1996 to recognize significant achievement in contemporary art. Selected by a jury of international critics and curators, Leigh receives an award of $100,000 and a solo exhibition at the Solomon R. Guggenheim Museum, New York, opening in April 2019. Administered by the Solomon R. Guggenheim Foundation, the Hugo Boss Prize is made possible by HUGO BOSS. “For more than twenty years, the Hugo Boss Prize has been at the center of the Guggenheim’s commitment to contemporary art. We gratefully acknowledge our friends at HUGO BOSS for their visionary partnership in this endeavor, which has made signficant contributions to the field of contemporary art and introduced emerging artists to a global audience,” said Richard Armstrong, Director, Solomon R. Guggenheim Museum and Foundation. “This year, we are pleased to present the award to Simone Leigh who was unanimously recognized by an esteemed panel of jurors for her groundbreaking work as an artist and educator. We join them in congratulating her for this well- deserved honor.” A jury selected Leigh from a short list of six finalists, which also included Bouchra Khalili, Teresa Margolles, Emeka Ogboh, Frances Stark, and Wu Tsang. The 2018 jurors are Sofía Hernández Chong Cuy Hernández, Director, Witte de With Center for Contemporary Art, Rotterdam; Dan Fox, Editor- at-Large, frieze magazine; Bisi Silva, Artistic Director, Centre for Contemporary Art, Lagos; Susan Thompson, Associate Curator, Solomon R.
    [Show full text]
  • Hugo Boss Prize Exhibition Featuring New Installation by Anicka Yi Opens at Guggenheim Museum on April 21
    Hugo Boss Prize Exhibition Featuring New Installation by Anicka Yi Opens at Guggenheim Museum on April 21 Exhibition: The Hugo Boss Prize 2016: Anicka Yi, Life is Cheap Venue: Solomon R. Guggenheim Museum, 1071 Fifth Avenue, New York Location: Tower Level 5 Dates: April 21–July 5, 2017 (NEW YORK, NY, February 15, 2017)—From April 21 to July 5, 2017, an exhibition of new works by artist Anicka Yi, winner of the 2016 Hugo Boss Prize, will be on view at the Solomon R. Guggenheim Museum, New York. Interweaving Yi’s ongoing study of microorganic forms, data collection, and sensory perception, this exhibition presents a densely layered examination of the intersecting biological, social, political, and technological systems that define our lives. Yi is the 11th artist to receive the biennial prize, which was established in 1996 to recognize significant achievement in contemporary art and which recently marked its 20th anniversary. The Hugo Boss Prize 2016: Anicka Yi, Life is Cheap is organized by Katherine Brinson, Curator, Contemporary Art, and Susan Thompson, Assistant Curator, Solomon R. Guggenheim Museum. Through concepts and techniques drawn from scientific research, Anicka Yi’s installations create vivid fictional scenarios that ask incisive questions about human psychology and the workings of society. Challenging the dominance of vision in encountering an artwork, she expands the perceptual experience of the “viewer” into a broader sensory immersion. The artist has a longstanding interest in smell and its potent link to memory and subjectivity, at times activating her installations with scents designed to evoke specific emotional states or cultural identities.
    [Show full text]
  • Hugo Boss Prize Exhibition Featuring New Works by Anicka Yi Opens on April 21
    Hugo Boss Prize Exhibition Featuring New Works by Anicka Yi Opens on April 21 Exhibition: The Hugo Boss Prize 2016: Anicka Yi, Life Is Cheap Venue: Solomon R. Guggenheim Museum, 1071 Fifth Avenue, New York Location: Tower Level 5 Dates: April 21–July 5, 2017 (NEW YORK, NY, April 20, 2017)—From April 21 to July 5, 2017, an exhibition of new works by artist Anicka Yi, winner of the 2016 Hugo Boss Prize, will be on view at the Solomon R. Guggenheim Museum, New York. Interweaving Yi’s ongoing study of microorganic forms, data collection, and sensory perception, this exhibition presents a densely layered examination of the intersecting systems— biological, social, political, and technological—that define our lives. Yi is the 11th artist to receive the biennial prize, which was established in 1996 to recognize significant achievement in contemporary art and which recently marked its 20th anniversary. The Hugo Boss Prize 2016: Anicka Yi, Life Is Cheap is organized by Katherine Brinson, Curator, Contemporary Art, and Susan Thompson, Assistant Curator, Solomon R. Guggenheim Museum. Drawing on scientific concepts and techniques to activate vivid fictional scenarios, Yi’s installations ask incisive questions about human psychology and the workings of society. Yi uses unconventional materials to examine what she calls “a biopolitics of the senses,” or how assumptions and anxieties related to gender, race, and class shape physical perception. For this exhibition, Yi worked with a team of molecular biologists and forensic chemists to create an installation in which natural and technological forces appear as surging, unruly forms that are nonetheless clinically contained.
    [Show full text]
  • The Hugo Boss Prize, 1998 : [Douglas Gordon
    Digitized by the Internet Archive in 2012 with funding from Metropolitan New York Library Council - METRO http://archive.org/details/hugobOOgugg DOUGLAS GORDON . HUANG YONG PING . WILLIAM KENTRIDGE LEE BUL . PIPILOTTI RIST . LORNA SIMPSON Guggenheim Museum SoHo June 24-September 20, 1998 © 1 998 The Solomon R. Guggenheim Foundation, New York. All rights reserved. ISBN 0-89207-210-5 Guggenheim Museum Publications 1071 Fifth Avenue New York, New York 10128 Design: Lisa Billard Design, NY Editorial: Carol Fitzgerald, Associate Editor Production: Elizabeth Levy, Managing Editor/Manager of Foreign Editions Esther Yun, Assistant Production Manager Printed in Germany by Cantz Contents Sponsor's Statement 5 Joachim Vogt Preface 6 Thomas Krens Award Giving in the Visual Arts: 9 The Hugo Boss Prize . 1998 Nancy Spector Jurors' Statements 23 Rosa de la Cruz, Okwui Enwezor, John G. Hanhardt, Hou Hanru, Hans-Ulrich Obrist, Robert Rosenblum The Artists Douglas Gordon 32 Huang Yong Ping 42 William Kentridge 52 Lee Bui 64 Pipilotti Rist 74 Lorna Simpson 84 SPONSOR'S STATEMENT The Hugo Boss Prize, now in its second year, recognizes each member of this distinguished jury for accepting and artists whose works have made a decisive contribution to the executing this challenging task. Our special gratitude goes to advancement of contemporary art— artists who have depart- the participating artists and particularly to Thomas Krens for ed from the trodden path, whose ideas both challenge and his ongoing commitment to the award process. provoke us. We hope your experience with the Hugo Boss Prize is The artists under consideration on this year's shortlist stimulating.
    [Show full text]