Estta816047 04/21/2017 in the United States Patent And
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA816047 Filing date: 04/21/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91226939 Party Defendant Conyngham Brewing Company Correspondence LEE ANN PALUBINSKY Address CONYNGHAM BREWING COMPANY PO BOX 1208 CONYNGHAM, PA 18219-0910 UNITED STATES [email protected] Submission Defendant's Notice of Reliance Filer's Name Lee Ann Palubinsky Filer's e-mail [email protected] Signature /Lee Ann Palubinsky/ Date 04/21/2017 Attachments Applicant Notice of Reliance and Exhibits_Part1.pdf(3434975 bytes ) Applicant Notice of Reliance and Exhibits_Part2.pdf(4240583 bytes ) Applicant Notice of Reliance and Exhibits_Part3.pdf(4212347 bytes ) Applicant Notice of Reliance and Exhibits_Part4.pdf(5424027 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD PATRON SPIRITS INTERNATIONAL AG, Opposition No. 91226939 Opposer, Serial No. 86765751 v. Mark: PIRATE PISS CONYNGHAM BREWING COMPANY, Published for Opposition: Applicant February 16, 2016 __________________________________________/ Commissioner for Trademarks PO Box 1451 Alexandria, Virginia 22313-1451 APPLICANT’S NOTICE OF RELIANCE Pursuant to Trademark Rule 2.122(e), 37 C.F.R. §2.122(e), and Trademark Trial and Appeal Board Manual of Procedure Sections 703.02(b) and 708, Applicant Conyngham Brewing Company (“Applicant”) hereby offers into evidence and gives notice that it will rely on the following documents in this proceeding: I. FEDERAL REGISTRATIONS 1. U.S. Application Serial Number 86765751 for PIRATE PISS. A true and correct copy of a printout from the Trademark Electronic Search System (“TESS”) database showing the current status and title of Application Serial Number 86765751 as of 4/20/2017 is attached hereto as Exhibit 1. 2. U.S. Reg. No. 2727996 for PYRAT. A true and correct copy of a printout from the TESS database showing the current status and title of U.S. Reg. No. 2727996 as of 4/20/2017 is attached hereto as Exhibit 2. 1 3. U.S. Reg. No. 2058075 for PYRAT RUM. A true and correct copy of a printout from the TESS database showing the current status and title of U.S. Reg. No. 2058075 as of 4/20/2017 is attached hereto as Exhibit 3. II. PRINTED PUBLICATIONS A. Nature of the Parties’ Goods and Consumers 4. United States Patent and Trademark Office Trademark ID Manual Search Results for the goods and services class “032,” publicly available at https://tmidm.uspto.gov/id-master-list-public.html, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 4. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods. 5. United States Patent and Trademark Office Trademark ID Manual Search Results for the goods and services class “033,” publicly available at https://tmidm.uspto.gov/id-master-list-public.html, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 5. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods. 6. An excerpt of the Wikipedia entry “Beer,” publically available at en.wikipedia.org/wiki/Beer, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 6. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods. 7. An excerpt of the Wikipedia entry “Rum,” publically available at en.wikipedia.org/wiki/Rum, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 7. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods. 2 8. An entry from Wikipedia titled “Distilled Beverage,” publically available at en.wikipedia.org/wiki/Distilled_Beverage, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 8. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods. 9. Brewers Association National Beer Sales and Production Data, publically available at brewersassociation.org/statistics/national-beer-sales-production-data, accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 9. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods, trade channels, and consumers. 10. Article titled “What is Craft Beer?,” publically available at craftbeer.com/beer/what-is-craft- beer, accessed on 4/21/2017. A true and correct copy of the same is attached hereto as Exhibit 10. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods, trade channels, and consumers. 11. Fox News article from 4/21/2017 titled “Five things you didn’t know about beer,” publically available at foxnews.com/food-drink/2017/04/21/5-things-didn’t-know-about-beer.html, accessed on 4/21/2017. A true and correct copy of the same is attached hereto as Exhibit 11. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods, trade channels, and consumers. 12. A screenshot from The Conyngham Brewing Company facebook page, publically available at facebook.com, accessed on 4/21/2017. A true and correct copy of the same is attached hereto as Exhibit 12. The foregoing is relevant to the likelihood of confusion, and specifically to the similarity or relatedness of the parties’ goods, trade channels, and consumers. 3 B. Meanings of the Words “PIRATE” and “PYRAT” 13. Definition of “pirate” from the Word Finder, publically available at findwords.info/term/pirate, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 13. The foregoing is relevant to the likelihood of confusion, and specifically to the meaning of the parties’ marks, and the similarity of those meanings. 14. Definition of “pyrat” from the Word Finder, publically available at findwords.info/term/search?query=pyrat, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 14. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 15. Definition of “pirate” from dictionary.com, publically available at dictionary.com/browse/pirate?s=t, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 15. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 16. Definition of “pyrat” from dictionary.com, publically available at dictionary.com/misspelling?term=pyrat&s=t, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 16. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 17. Definition of “pirate” from Merriam-Webster, publically available at merriam- webster.com/dictionary/pirate, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 17. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 18. Definition of “pyrat” from Merriam-Webster Dictionary, publically available at merriam- webster.com/dictionary/pyrat, and accessed on 4/20/2017. A true and correct copy of the same is attached 4 hereto as Exhibit 18. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 19. Definition of “pirate” from Cambridge Dictionary, publically available at dictionary.cambridge.org/us/dictionary/English/pirate, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 19. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 20. Definition of “pyrat” from Cambridge Dictionary, publically available at dictionary.cambridge.org/us/spellcheck/English/?q=pyrat, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 20. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 21. An excerpt of the Wikipedia entry for “Piracy,” publically available at en.wikipedia.org/wiki/Piracy, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 21. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 22. Definition of “pirate” from the Online Etymology Dictionary, publically available at etymonline.com/index.php?allowed_in_frame=0&search=pirate, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 22. The foregoing is relevant to the likelihood of confusion, and specifically the meaning of the parties’ marks, and the similarity of those meanings. 23. Definition of “pyrat” from the Online Etymology Dictionary, publically available at etymonline.com/index.php?allowed_in_frame=0&search=pyrat, and accessed on 4/20/2017. A true and correct copy of the same is attached hereto as Exhibit 23.