Notice of Opposition Opposer Information Applicant

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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1122245 Filing date: 03/23/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information

Name DC Comics Granted to Date 03/31/2021 of previous ex- tension Address 2900 WEST ALAMEDA AVENUE BURBANK, CA 91505 UNITED STATES

Attorney informa- LEO KITTAY tion FROSS ZELNICK LEHRMAN & ZISSU, P.C. 151 WEST 42ND STREET, 17TH FLOOR NEW YORK, NY 10036 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected] 212-813-5900

Docket Number DCC 2104298 Applicant Information

Application No. 90052692 Publication date 12/01/2020 Opposition Filing 03/23/2021 Opposition Peri- 03/31/2021 Date od Ends Applicant Specialty Dietary Supplements LLC 3317 E BELL RD 101-417 PHOENIX, AZ 85032 UNITED STATES Goods/Services Affected by Opposition

Class 005. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Bee pollen for use as a dietary food supplement; Calcium supplements; Dietary supplement for eliminating toxins from the intestinal tract; Diet- ary supplementaldrinks; Dietary supplemental drinks in the nature of vitamin and mineral beverages; Dietary supplements; Dietary supplements for controlling cholesterol; Dietary supplements for human beings and animals; Dietary supplements for human consumption; Dietary supplements for urinary health; Dietary supplements in the nature of weight loss powders; Dietary supplements with a cosmetic effect; Dietary and nutritional supplements; Dietary beverage supplements for human consumption inliquid and dry mix form for therapeuticpurposes; Dietary fiber for use as an ingredient in the manufacture of dietary supplements; Dietary food supplements; Enzyme dietary supplements; Enzyme food supplements; Flavonoids for use as a dietary supplement; Folic acid dietary supplements; Food supplements, namely, anti-oxidants; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Glucose dietary supplements; Green coffee bean extracts for useas dietary supplements; Health food supplements; Herbal supplements; Herbal supplements for sleeping problems; Homeopathic supplements; Ketogenic dietary and nutritional supplements; Keto- genic dietary and nutritional supplements used for weight loss; Ketone ester beverages for use as a dietary supplement; Liquid herbal supplements; Liquid nutritional supplement; Liquid protein supplements; Liquidvitamin supplements; Mineral supplements; Mineral nutritional supplements; Natural supplements for treating depression and anxiety; Natural dietary supplements; Natural herbal supplements; Nutraceuticals for use as a dietary supplement; Nutritional supplement energy bars; Nutrition- al supplement for eliminating toxins from the body; Nutritional supplement for eliminating toxins from the intestinaltract; Nutritional supplement shakes; Nutritional supplements; Nutritional supplements in lotion form sold as a component of nutritional skin care products; Nutritional supplements, namely, carbohydrates in powdered form; Nutritional supplements, namely, probiotic compositions; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Prebiotic supplements; Probiotic supplements; Proteinsupple- ment shakes; Protein supplement shakes for weight gain purposes; Protein supplements; Protein supplements formed and packaged as bars; Protein dietary supplements; Soy protein dietary supplements; Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Vitamin supplements; Vitamin and mineral supplements; Weight management supplements Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Dilution by blurring Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 3784483 Application Date 09/23/2009 No. Registration Date 05/04/2010 Foreign Priority NONE Date Word Mark SUPERWOMAN Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 2007/04/00 First Use In Commerce: 2007/04/00 action figures [ and accessories therefor ]

U.S. Registration 1216976 Application Date 09/18/1979 No. Registration Date 11/16/1982 Foreign Priority NONE Date Word Mark SUPERMAN Design Mark Description of NONE Mark Goods/Services Class 035. First use: First Use: 1973/04/00 First Use In Commerce: 1973/04/00 Advertising and Promotional Services-Namely, Creating Advertising for Others Incorporating Comic Strip Materials

U.S. Registration 1181536 Application Date 09/18/1979 No. Registration Date 12/08/1981 Foreign Priority NONE Date Word Mark SUPERMAN Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 1941/00/00 First Use In Commerce: 1941/00/00 Entertainment Services-Namely, Series of Motion Pictures, Television Pro- grams, Animated Cartoon Films [ and Water Shows]

U.S. Registration 1221718 Application Date 05/10/1982 No. Registration Date 12/28/1982 Foreign Priority NONE Date Word Mark SUPERMAN Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1937/01/03 First Use In Commerce: 1937/01/03 Comic Magazines

U.S. Registration 6075522 Application Date 05/30/2018 No. Registration Date 06/09/2020 Foreign Priority NONE Date Word Mark SUPERGIRL Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2006/11/28 First Use In Commerce: 2006/11/28 digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation; mouse pads; blank USB flash drives; accessories for mobile phones,laptops, tablets, namely, protective sleeves, covers, cases, faceplates, fittedplastic films known as skins; decorative magnets; downloadable publications in the nature of books featuring charactersfrom animated, action adventure, comedyand/or drama features, comic books, graphic novels, children's books

U.S. Registration 5674746 Application Date 06/21/2018 No. Registration Date 02/12/2019 Foreign Priority NONE Date Word Mark SUPERGIRL Design Mark Description of NONE Mark Goods/Services Class 041. First use: First Use: 2015/10/26 First Use In Commerce: 2015/10/26 Entertainment services in the nature ofongoing live-action, dramatic comedy television series; production of live-action, dramatic comedy television series; providing information, non- downloadable images, and non-downloadable videos in the field of television programs and entertainment via a global computer network;entertainment services in the nature ofongoing live-action, dramatic comedy television programs via an electronic global communications network for distribution via a global computer network and theprovision of information in connection therewith U.S. Registration 3023091 Application Date 03/31/2004 No. Registration Date 12/06/2005 Foreign Priority NONE Date Word Mark SUPERGIRL Design Mark Description of NONE Mark Goods/Services Class 018. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00 Athletic bags, [ baby backpacks, ] backpacks, [ beach bags, ] book bags, [ di- aper bags, ] duffel bags, gym bags, tote bags, coin purses, [ fanny packs, ] knapsacks, [ waist packs, mesh shopping bags;] umbrellas; wallets

U.S. Registration 2943882 Application Date 03/31/2004 No. Registration Date 04/26/2005 Foreign Priority NONE Date Word Mark SUPERGIRL Design Mark Description of NONE Mark Goods/Services Class 025. First use: First Use: 2000/00/00 First Use In Commerce: 2000/00/00 Clothing for men, women and children - namely, shirts, t-shirts, sweatshirts, jogging suits, trousers, pants, shorts, tank tops, rainwear, skirts, blouses, dresses, [ suspenders, sweaters,] jackets, coats, [ raincoats, ties, robes,] hats, caps, sunvisors, belts, [scarves,] sleepwear, pajamas, lingerie, underwear, boots, shoes, sneakers, sandals, booties, [ slipper socks,] swimwear and masquerade and Halloween costumes and masks sold inconnection therewith

U.S. Registration 394923 Application Date 10/25/1941 No. Registration Date 05/05/1942 Foreign Priority NONE Date Word Mark SUPERBOY Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1941/09/01 First Use In Commerce: 1941/09/01 Magazine Publication

U.S. Registration 1221719 Application Date 05/10/1982 No. Registration Date 12/28/1982 Foreign Priority NONE Date Word Mark SUPERBOY Design Mark Description of NONE Mark Goods/Services Class 016. First use: First Use: 1941/09/01 First Use In Commerce: 1941/09/01 Comic Magazines U.S. Registration 2861443 Application Date 11/05/2002 No. Registration Date 07/06/2004 Foreign Priority NONE Date Word Mark SUPER FRIENDS Design Mark Description of NONE Mark Goods/Services Class 009. First use: First Use: 2003/04/22 First Use In Commerce: 2003/04/22 [Motion picture films featuring comedy,drama, action, adventure and/or animation, and motion picture films for broadcast on television featuring comedy, drama, action, adventure and/or animation; prerecorded vinyl records, audio tapes, audio-video tapes, audio video cassettes,]audio video discs, and digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation[; stereo headphones; batteries; cordless telephones; hand-held calculat- ors; audio cassette and CD players; CD ROM computer game discs; hand-held karaoke players, telephone and/or radio pagers; short motion picture film cassettes featuring comedy, drama, action, adventure and/or animation to be used with hand-held viewers or projectors; video cassette recorders and players, compact disc players, digital audio tape recorders and players, electronic diar- ies; radios; mouse pads; eyeglasses, sunglasses and cases therefore; audio tapes and booklets sold as a unit featuring comedy, drama, action, adventure, animation and music information; computer programs, namely, software linking- digitized video and audio media to a global computer information network; game equipment sold as a unit for playing a parlor-type computer game; video and computer game programs; video game cartridges and cassettes; cellular telephone accessories, namely, hands-free accessories,cellular telephone covers and cellular telephone face covers; encoded magnetic cards, namely, phone cards, credit cards, cash cards, debit cards and magnetic key cards; and decorative magnets]

U.S. Registration 3071682 Application Date 11/05/2002 No. Registration Date 03/21/2006 Foreign Priority NONE Date Word Mark SUPER FRIENDS Design Mark Description of NONE Mark Goods/Services Class 028. First use: First Use: 2003/04/01 First Use In Commerce: 2003/04/01 TOYS AND SPORTING GOODS, NAMELY, GAMES AND PLAYTHINGS, NAMELY, ACTION FIGURES AND ACCESSORIES THEREFOR; PLUSH TOYS; [ BALLOONS; EQUIPMENT AS A UNIT FOR PLAYINGCARD GAMES; ] DOLLS; FLYING DISCS; [ HAND-HELD UNIT FOR PLAYING ELECTRONIC GAMES; GAME EQUIPMENT SOLD AS A UNIT FOR PLAYING A BOARD GAME; STAND ALONE VIDEO OUTPUT GAME MACHINES; ] JIGSAW AND MANIPULATIVE PUZZLES [ ; PAPER FACE MASKS; BALLS- NAMELY, PLAY- GROUND BALLS; TOY BANKS; TOY SNOW GLOBES; AND CHRISTMAS TREE ORNAMENTS ]

Attachments Notice of Opposition.PDF(43124 bytes )

Signature /Leo Kittay/ Name Leo Kittay Date 03/23/2021 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

DC COMICS,

Opposer,

-against-

SPECIALTY DIETARY SUPPLEMENTS LLC, Applicant.

NOTICE OF OPPOSITION

DC Comics (“Opposer”), a New York partnership located at 2900 W. Alameda Ave.,

Burbank, California 91505, believes that it will be damaged by the issuance of a registration for the mark SUPER WOMAN to Specialty Dietary Supplements LLC (“Applicant”), in International

Class 5, applied for in Application Serial No. 90052692 (the “Application”) and therefore opposes the same pursuant to Section 13(a) of the Lanham Trademark Act of 1946, 15 U.S.C. § 1063(a).

As grounds therefore, Opposer alleges as follows:

1. DC Comics, and its predecessors-in-interest (collectively, “DC Comics”), is the publisher of comic books and magazines featuring comic characters and stories, including the world-famous character Superman. DC Comics is among the most well-known and successful publishers of comic magazines in the world. It has created and published highly successful and well-known characters, including Superman, Superwoman, Supergirl, Krypto the Superdog, and the Super Friends.

2. Opposer exploits its well-known characters in a variety of ways, well beyond their appearances in its entertainment products such as motion pictures, animated programming, and comic books. Indeed, it has become common practice for owners of entertainment programming,

{F3961280.1 } 1 motion pictures, and characters to exploit commercially the popularity of their well-known symbols, names, characters and elements in connection with a wide range of merchandise. The broad reach and deep emotional impact of those entertainment products create unparalleled goodwill in the names, characters, and symbols from those products, and generate a robust licensing business in virtually limitless categories of goods and services. Such additional uses include video games, advertising and promotional services, and a wide array of licensed consumer products including food and beverage, apparel, toys, games, collectibles, footwear, fine arts, pet products, stationery and other paper products, and themed attractions, to name a few. Consumers today have come to expect that, when elements from entertainment products appear on or in connection with goods or services, such uses are associated with and licensed by the rights holder.

3. Specifically, over the many years since the Superman character was first introduced in 1938, DC Comics has focused an enormous amount of attention and effort to develop the

Superman mythos, including the character, his associates, his world, and other indicia associated with him. Throughout the period of Superman’s existence, DC Comics has invested a vast amount of creative energy and resources to continually update and improve the Superman property to keep the character and his adventures timely and fresh in the public’s mind. Opposer’s efforts in this regard have led to a vast array of literary works, television series, and feature films, which fully explore in great depth Superman himself and the fictional world inhabited by him. Due to

Opposer’s extraordinary nurturing of the Superman mythos, the character and his universe have captured the popular imagination, and it is beyond dispute that today the Superman lore is one of a rarified group of legends known and loved throughout the world.

4. Because of DC Comics’ shepherding and careful development of not just the

Superman character, but also of his universe and of the things and people that populate that

{F3961280.1 } 2 universe, Superman has become associated with certain terms, symbols and indicia which, in the public mind, are inextricably linked with the Superman character and which function as trademarks, both for literary and entertainment works featuring Superman and related characters, including Superwoman, Supergirl, Superboy, Krypto the Superdog, and the Super Friends, all of whom possess special abilities or “powers,” and for various goods and services for which Opposer has licensed others to use these marks. Among these marks are the well-known trademarks

SUPERMAN, SUPERWOMAN, SUPERGIRL, SUPERBOY and SUPER FRIENDS

(collectively, “Opposer’s Marks”).

5. Opposer is the owner of all right, title, and interest in and to Opposer’s Marks in connection with a vast array of goods and services based on first use in commerce prior to any date upon which Applicant can rely, including but not limited to entertainment services and products, such as motion pictures and television programs, marketing and promotional services; as well as a vast array of consumer products and services.

6. As a result of Opposer’s reputation, use, enormous sales success and significant investment in advertising, Opposer’s Marks have developed secondary meaning and significance in the minds of the public and have become strong trademarks identifying Opposer’s products exclusively. As such, Opposer’s Marks represent an enormous goodwill and are extremely valuable assets to Opposer.

7. As a result of Opposer’s reputation, use, substantial sales success, inestimable popularity, and significant investment in advertising, Opposer’s Marks have become famous trademarks and became famous prior to any date upon which Applicant can rely.

8. Opposer owns numerous U.S. trademark registrations for Opposer’s Marks in connection with publications and related goods and services including, but not limited to, the

{F3961280.1 } 3 following:

 SUPERWOMAN, U.S. Reg. No. 3,784,483, registered May 4, 2010, for “action figures

and accessories therefor” in International Class 28, based on first use in April 2007;

 SUPERMAN, U.S. Reg. No. 1,216,976, registered November 16, 1982, for

“Advertising and Promotional Services-Namely, Creating Advertising for Others

Incorporating Comic Strip Materials” in International Class 35, based on first use in

1973;

 SUPERMAN, U.S. Reg. No. 1,181,536, registered December 8, 1981, for

“Entertainment Services-Namely, Series of Motion Pictures, Television Programs,

Animated Cartoon Films” in International Class 41, based on first use in 1941;

 SUPERMAN, U.S. Reg. No. 1,221,718 in connection with “Comic Magazines” in

International Class 16 based on first use in 1937;

 SUPERGIRL, U.S. Reg. No. 6,075,522 registered June 9, 2020 for “digital versatile

discs featuring music, comedy, drama, action, adventure, and/or animation; mouse

pads; blank USB flash drives; accessories for mobile phones, laptops, tablets, namely,

protective sleeves, covers, cases, faceplates, fitted plastic films known as skins;

decorative magnets; downloadable publications in the nature of books featuring

characters from animated, action adventure, comedy and/or drama features, comic

books, graphic novels, children's books” in International Class 9, based on first use in

2006;

 SUPERGIRL, U.S. Reg. No. 5,674,746 registered February 12, 2019 for

“Entertainment services in the nature of ongoing live-action, dramatic comedy

television series; production of live-action, dramatic comedy television series;

{F3961280.1 } 4 providing information, non- downloadable images, and non-downloadable videos in

the field of television programs and entertainment via a global computer network;

entertainment services in the nature of ongoing live-action, dramatic comedy television

programs via an electronic global communications network for distribution via a global

computer network and the provision of information in connection therewith” in

International Class 41, based on first use in 2015;

 SUPERGIRL, U.S. Reg. No. 3,023,091 registered December 6, 2005 for “Athletic

bags, backpacks, book bags, duffel bags, gym bags, tote bags, coin purses, knapsacks,

umbrellas; wallets” in International Class 18, based on first use in 2003;

 SUPERGIRL, U.S. Reg. No. 2,943,882, registered April 26, 2005 for “Clothing for

men, women and children - namely, shirts, t-shirts, sweatshirts, jogging suits, trousers,

pants, shorts, tank tops, rainwear, skirts, blouses, dresses, jackets, coats, hats, caps,

sunvisors, belts, sleepwear, pajamas, lingerie, underwear, boots, shoes, sneakers,

sandals, booties, swimwear and masquerade and Halloween costumes and masks sold

in connection therewith” in International Class 25, based on first use in 2000;

 SUPERBOY (stylized), U.S. Reg. No. 394,923, registered on May 5, 1942 for

“Magazine Publication” in International Class 16, based on first use in 1941;

 SUPERBOY, U.S. Reg. No. 1,221,719, registered on December 28, 1982, for “comic

magazines” in International Class 16, based on first use in 1941;

 SUPER FRIENDS, U.S. Reg. No. 2,861,443, registered July 6, 2004 for “audio video

discs, and digital versatile discs featuring music, comedy, drama, action, adventure,

and/or animation” in International Class 9, based on first use in April 2003; and

{F3961280.1 } 5  SUPER FRIENDS, U.S. Reg. No. 3071682, registered March 21, 2006 for toys and

sporting goods, namely, games and playthings, namely, action figures and accessories

therefor; plush toys; dolls; flying discs; jigsaw and manipulative puzzles in

International Class 28, based on first use in April 2003.

All of the registrations for Opposer’s Marks relied upon herein are valid, subsisting and in full effect and serve as evidence of the validity of the mark and of Opposer’s exclusive right to use the mark in connection with the goods and services identified therein, pursuant to Section 33(b) of the

Lanham Act, 15 U.S.C. § 1115(a).

9. Upon information and belief, Applicant is an Arizona limited liability company with an address of 3317 E Bell Rd 101-417, Phoenix, Arizona 85032.

10. On July 14, 2020, Applicant filed the Application to register the mark SUPER

WOMAN (“Applicant’s Mark”) for the following goods:

Bee pollen for use as a dietary food supplement; Calcium supplements; Dietary supplement for eliminating toxins from the intestinal tract; Dietary supplemental drinks; Dietary supplemental drinks in the nature of vitamin and mineral beverages; Dietary supplements; Dietary supplements for controlling cholesterol; Dietary supplements for human beings and animals; Dietary supplements for human consumption; Dietary supplements for urinary health; Dietary supplements in the nature of weight loss powders; Dietary supplements with a cosmetic effect; Dietary and nutritional supplements; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary fiber for use as an ingredient in the manufacture of dietary supplements; Dietary food supplements; Enzyme dietary supplements; Enzyme food supplements; Flavonoids for use as a dietary supplement; Folic acid dietary supplements; Food supplements, namely, anti-oxidants; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Glucose dietary supplements; Green coffee bean extracts for use as dietary supplements; Health food supplements; Herbal supplements; Herbal supplements for sleeping problems; Homeopathic supplements; Ketogenic dietary and nutritional supplements; Ketogenic dietary and nutritional supplements used for weight loss; Ketone ester beverages for use as a dietary supplement; Liquid herbal supplements; Liquid nutritional supplement; Liquid protein supplements; Liquid vitamin supplements; Mineral supplements; Mineral nutritional supplements; Natural supplements for treating depression and anxiety; Natural dietary supplements; Natural herbal supplements; Nutraceuticals

{F3961280.1 } 6 for use as a dietary supplement; Nutritional supplement energy bars; Nutritional supplement for eliminating toxins from the body; Nutritional supplement for eliminating toxins from the intestinal tract; Nutritional supplement shakes; Nutritional supplements; Nutritional supplements in lotion form sold as a component of nutritional skin care products; Nutritional supplements, namely, carbohydrates in powdered form; Nutritional supplements, namely, probiotic compositions; Powdered nutritional supplement concentrate; Powdered nutritional supplement drink mix; Powdered nutritional supplement drink mix and concentrate; Prebiotic supplements; Probiotic supplements; Protein supplement shakes; Protein supplement shakes for weight gain purposes; Protein supplements; Protein supplements formed and packaged as bars; Protein dietary supplements; Soy protein dietary supplements; Vegan protein for use as a nutritional supplement in ready-to-drink beverages; Vitamin supplements; Vitamin and mineral supplements; Weight management supplements in International Class 5, based on an intent to use the mark, pursuant to Section 1(b) of the Lanham

Act, 15 U.S.C. § 1051(b).

11. The earliest date upon which Applicant can rely is after the use, registration and acquisition of rights in Opposer’s Marks by Opposer. As such, Opposer’s rights in Opposer’s

Marks are prior and superior to any rights Applicant may claim in Applicant’s Mark. The registration of Applicant’s Mark is inconsistent with Opposer’s prior rights and statutory grant of exclusivity of use.

12. Upon information and belief, prior to any date on which Applicant can rely,

Applicant was on actual notice of Opposer’s prior rights in and to Opposer’s Marks.

13. Applicant’s Mark is similar to Opposer’s Marks in sight, sound and commercial impression.

14. Applicant’s goods to be offered under Applicant’s Mark are sufficiently related to goods and services sold under Opposer’s Marks and, upon information and belief, will be sold to the same customers or types of customers to whom goods and services bearing Opposer’s Marks are sold.

{F3961280.1 } 7 15. Based on the similarity of the marks and the relatedness of the goods and services,

consumers are likely to be deceived into falsely believing that the goods offered by Applicant

under Applicant’s Mark originate from or are otherwise associated with or endorsed by Opposer,

or that there is some relationship between Applicant and Opposer or the goods of Applicant and

the goods and services of Opposer, all to Opposer’s injury and harm.

16. Thus, registration of Applicant’s Mark in connection with the goods set forth in the

Application is likely to cause confusion, cause mistake, or to deceive the public into the false belief

that the goods offered by Applicant under Applicant’s Mark come from or are otherwise sponsored

by or connected with Opposer, in violation of Section 2(d) of the Lanham Act, 15 U.S.C.

§ 1052(d).

17. Moreover, Opposer’s Marks are famous marks for goods and services relating to

publications and entertainment, and had become famous long before the earliest priority date upon

which Applicant can rely. Because Opposer’s Marks have become famous, Applicant’s use and

registration of Applicant’s Mark will damage Opposer by trading on the enormous goodwill

associated with the Opposer’s Marks and diluting their distinctiveness. Thus, Applicant’s use and

registration of Applicant’s Mark in connection with the goods identified in the Application are

likely to cause dilution by blurring of the famous Opposer’s Marks, in violation of Sections 13(a)

and 43(c) of the Lanham Act, 15 U.S.C. §§ 1063(a), 1125(c).

18. By reason of the foregoing, Opposer is likely to be harmed by the registration of

the Application for Applicant’s Mark.

THEREFORE, it is respectfully requested that this Opposition be sustained and that registration of the Application be refused in its entirety.

{F3961280.1 } 8 Dated: New York, New York FROSS ZELNICK LEHRMAN & ZISSU, P.C. March 23, 2021

By:______James D. Weinberger Leo Kittay 151 West 42nd St., 17th Floor New York, New York 10036 Tel: (212) 813-5900 Email: [email protected] [email protected]

Attorneys for Opposer

{F3961280.1 } 9