Estta774403 10/03/2016 in the United States

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA774403 Filing date: 10/03/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 86310904 Applicant L.A. Brands, LLC Applied for Mark 1776 Correspondence JOSHUA A SCHAUL Address SHERMAN IP LLP 1519 26TH ST SANTA MONICA, CA 90404-3507 UNITED STATES [email protected], [email protected], [email protected] Submission Reply Brief Attachments PDFsam_merge.pdf(1164140 bytes ) Filer's Name Joshua A. Schaul Filer's e-mail [email protected], [email protected] Signature /jas/ Date 10/03/2016 LAB4-T.e03

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

In the matter of Trademark Application

App. No.: 86/310,904 Filed: June 16, 2014 By: L.A. Brands, LLC For the Trademark: 1776

EX PARTE APPEAL FROM FINAL OFFICE ACTION DATED DECEMBER 4, 2015

Appellant L.A. Brands, LLC (‘Appellant”) hereby submits the following reply brief in support of registration of its mark.

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TABLE OF AUTHORITIES

Cases Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1371, 101 USPQ2d 1713, 1723 (Fed. Cir. 2012) ...... 5 Grotrian, Hel erich, Schulz, Th. Steinweg Nachf. v. Steinway & Sons, 523 F.2d 1.331, 186 U.S.P.Q. 436 (2d Cir. 1975)...... 3 Harlem Wizards Entm't Basketball, Inc. v. NBA Props., 952 F. Supp. 1084, 1096 (D.N.J. 1997) ...... 2 Lebow Bros., Inc. v. Lebole Euroconf S.p.A., 503 F. Supp. 209, 212 U.S.P.Q. 693 (E.D. Pa. 1980) ...... 3

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I. INTRODUCTION

Appellant has appealed to the Trademark Trial and Appeal Board from the final refusal dated December 4, 2015, for the mark “1776” in the above-identified trademark application. Appellant noticed its appeal from that final rejection on May 19, 2016. The Examining Attorney has refused registration, contending that Appellant’s applied-for 1776 mark is confusingly similar to the stylized mark “1776 UNITED” (U.S. Registration No. 4,612,829) under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). As set forth in the following sections of this Reply in support of Appeal Brief, Appellant respectfully submits that the Examining Attorney’s contention is in error and requests that this Board reverse the Examining Attorney’s refusal to register Appellant’s 1776 mark under Trademark Act Section 2(d) and pass the 1776 mark to publication.

II. ARGUMENT

A. The Marks are Unmistakably Visually Distinct

In the opposition, the Examining Attorney asserts that “[w]hether the marks are visually distinct is difficult to establish because applicant has applied for a standard character mark.” This is simply not the case. Registrant’s mark contains “the stylized literal element “UNITED” in antiqued script font with a dis-jointed snake design appearing between the literal elements, below “76” and above “ITED.” These features are not present in Appellant’s 1776 mark, in any way, shape or form. The fact that Appellant can display it’s 1776 in any font, style or format does not detract from the unequivocal truth that Appellant’s mark does not contain the term UNITED nor does it comprise a disjointed snake design.

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The Examining Attorney asserts that “only literal element in the registered mark different from the applicant's mark is the word UNITED,” but somehow dismisses this obvious distinction by asserting that because UNITED appears smaller than 1776, “this manner of display creates an emphasis for the numbering 1776.” The Examining Attorney provides no citation to authority supportive of this position and the Board should disregard as having little merit.

The instant case is akin to Harlem Wizards Entm't Basketball, Inc. v. NBA Props., 952 F. Supp. 1084, 1096 (D.N.J. 1997), where a Federal District Court held that “use of a design as part of a mark minimizes any likelihood of confusion.” In Harlem, the Court held “plaintiff lacks a consistent logo and distinctive colors. Therefore, it is highly unlikely that merchandise offered by the parties will result in the likelihood of confusion among consumers.” Here we have the same issue, Appellant’s 1776 lacks any color or design distinction in comparison to Registrant’s mark which clearly contains disjointed serpent iconography. The Board here should rule in similar fashion as the New Jersey Federal Court did in Harlem, that given the obvious lack of similar logo/designs, it is highly unlikely Appellant and Registrant’s clothing will result in a likelihood of confusion.

Thus, the Board should conclude the marks are visually distinct.

B. The Marks are Audibly Distinct

In the opposition, the Examining Attorneys asserts that “[a]lthough the registered mark does contain an additional word [UNITED], that addition, as noted above, does not significantly distinguish the marks because of the common dominant element,

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1776.” No case law supports the position presented by the Examining Attorney, that two marks’ audible similarities must only be compared to dominant portions of each mark. Moreover, this theory flies in the face of actual case law. “Trademarks, like small children, are not only seen but heard” Grotrian, Hel erich, Schulz, Th. Steinweg Nachf. v. Steinway & Sons, 523 F.2d 1.331, 186 U.S.P.Q. 436 (2d Cir. 1975). However, phonetic similarity is merely one element to consider in laying out a mosaic of pieces which may or may not add up to a likelihood of confusion as to overall impression. Even if the marks are phonetically similar, for example, V-8 and VA, other elements of di erence may lead to a final finding of no likely confusion. Lebow Bros., Inc. v. Lebole Euroconf S.p.A., 503 F. Supp. 209, 212 U.S.P.Q. 693 (E.D. Pa. 1980) (similar pronunciation does not prove likely confusion if other factors weigh more heavily). Here, the additional term UNITED is unambiguously a heavy factor which weighs against finding an audible similarity between 1776 and 1776 UNITED.

C. The Marks’ Commercial Impressions are Distinct

The Examining Attorney asserts that “applicant's mark is in standard characters, which, if registered, would give the applicant the right to display its mark in the script of the Constitution of the United States and beside Ben Franklin's snake, a picture of Thomas Jefferson, and/or the tagline ‘the most patriotic clothes on the face of the planet.’” The record reflects that Appellant has not and likely will not invoke any patriotic iconography with its 1776 mark. Appellant’s 1776 marked goods typically contains two branches of leaves reminiscent of a laurel wreath; see Appellant’s specimens provided with the application filed June 16, 2014. The fact that Appellant could use patriotic iconography should not preclude for all time Appellant’s ability to register its 1776 mark when the evidence provided demonstrates that no such patriotic connection has been sought or will likely be sought in the figure.

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Finally, the Examining Attorney asserts “the term 1776 is imbued with patriotic meaning because it is the date the Declaration of Independence was adopted and it is integral to one of our most patriotic holiday celebrations, the Fourth of July.” The Examining Attorney cites no case law or other authority supportive of this self- serving conclusion. 1776 is just as easily be imbued with the publication of The History of the Decline and Fall of the Roman Empire, the publication of The Wealth of Nations, the settling of what is present-day San Francisco, a hurricane killing over 6,000 people in Guadeloupe, the marriage of the Crown Prince of Russia or the founding of the Phi Beta Kappa Society, all of which occurred in 17761. It is simply a stretch to imbue any patriotic impression in Appellant’s 1776 marked goods.

By contrast, Registrant unequivocally wants the link its goods and the founding of this Country. Registrant “created 1776 United [….] to evoke a sense of patriotism found in our forefathers. [….] Our dream is to inspire a new wave of patriotism that might lead to the next Greatest Generation. We aim for the clothing we create to embody the many chapters of American history. Each shirt is a cotton reminder of who we are, where we live, and where we're going.” See Exhibit A to Appellant’s Appeal Brief and/or Exhibit A to Appellant’s November 12, 2015, Response to Office Action.

Appellant and Registrant’s goods are not marketed in the same manner and thus it is hard to imagine a scenario where the goods would be encountered by the same persons in situations that would create the incorrect assumption that they originate from the same source. See, e.g., Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1371, 101 USPQ2d 1713, 1723 (Fed. Cir. 2012).

1 See Exhibit C, attached hereto and incorporated by reference herein. Appellant merely requests judicial notice that the events identified above merely occurred in the year 1776.

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III. CONCLUSION

For all the forgoing reasons, Appellant respectfully requests overturning the Examining Attorney’s refusal to refusal to the 1776 mark.

Dated: October 3, 2016 SHERMAN IP LLP

By: Joshua A. Schaul, Reg. No. 57691 Attorney for L.A. BRANDS, LLC

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EXHIBIT C

Sherman IP LLP 6 1519 26th Street Santa Monica, CA 90404 1776

This article is about the year 1776. For other uses, see 1.1 January–February 1776 (disambiguation). • January 1 – American Revolutionary War: Burning of Norfolk: The town of Norfolk, Virginia, is de- 1776 (MDCCLXXVI) was a leap year starting on Mon- stroyed by the combined actions of the British Royal day (dominical letter GF) of the Gregorian calendar and Navy and occupying Patriot forces. a leap year starting on Friday (dominical letter CB) of • the Julian calendar, the 1776th year of the Common Era January 10 – American Revolution: Thomas Paine Anno Domini (CE) and (AD) designations, the 776th year publishes his pamphlet Common Sense “written by of the 2nd millennium, the 76th year of the 18th century, an Englishman” in Philadelphia arguing for indepen- and the 7th year of the 1770s decade. As of the start dence from British rule in the Thirteen Colonies.[1] of 1776, the Gregorian calendar was 11 days ahead of • the Julian calendar, which remained in localized use until January 20 – American Revolution: South Carolina 1918. Loyalists led by Robert Cunningham sign a petition The year is dominated by events of the American Revo- from prison agreeing to all demands for peace by the lutionary War. formed state government of South Carolina. • January 24 – American Revolution: Henry Knox ar- rives at Cambridge, Massachusetts, with the artillery 1 Events that he has transported from Fort Ticonderoga • February 17 – Edward Gibbon publishes the rst volume of The History of the Decline and Fall of the Roman Empire. • February 27 – American Revolution: Battle of Moore’s Creek Bridge: Scottish North Carolina Loyalists charge across Moore’s Creek bridge near Wilmington to attack what they mistakenly believe to be a small force of rebels. Several loyalist leaders are killed in the ensuing battle. The patriot victory[2] virtually ends all British authority in the province.

1.2 March–April • March – Restrictions on the cereal trade in Sweden are lifted. • March 2–3 – American Revolutionary War: • Battle of Nassau: The American Continental Navy and Marines make a successful assault on Nassau, Bahamas. • Battle of the Rice Boats: American Patriots resist the Royal Navy on the Savannah River. British control over the Province of Georgia is lost. • March 4 – American Revolutionary War: American Patriots capture Dorchester Heights dominating the January 10: Common Sense published port of Boston.

1 2 1 EVENTS

• • March 9 – Scottish economist Adam Smith pub- June 28 – American Revolutionary War: Battle of lishes The Wealth of Nations in London. Sullivan’s Island – South Carolina militia repel a • British attack on Charleston. March 17 – American Revolutionary War: Threat- • ened by Patriot cannons on Dorchester Heights, the June 29 – American Revolution: Battle of Turtle British evacuate Boston, ending the 11‑month Siege Gut Inlet – The American Continental Navy suc- of Boston.[2] cessfully challenges the British Royal Navy blockade • o New Jersey. March 28 – Juan Bautista de Anza nds the site for the Presidio of San Francisco. • 1.4 July–August April 12 – American Revolution: The Royal Colony • of North Carolina produces the Halifax Resolves July 2 – American Revolution: The nal (despite making it the rst British colony ocially to autho- minor revisions) U.S. Declaration of Independence rize its Continental Congress delegates to vote for is written. The Continental Congress passes the Lee independence from the Kingdom of Great Britain. Resolution. • July 4 – American Revolution: United States Decla- 1.3 May–June ration of Independence: The Continental Congress • raties the declaration by the United States of its in- May 1 – Adam Weishaupt founds the Illuminati in dependence from the Kingdom of Great Britain.[4] Ingolstadt, Bavaria. • May 4 – Rhode Island becomes the rst American colony to renounce allegiance to King George III of Great Britain. • May 15–26 – American Revolution: Battle of The Cedars: British forces skirmish with the American Continental Army around Les Cèdres, Quebec. • June 6 – A re destroys major parts of the town of Askersund, Sweden.[3] • June 7 – American Revolution: Richard Henry Lee of Virginia proposes to the Second Continen- tal Congress (meeting in Philadelphia) that “these united colonies are, and of right ought to be, free July 4: American Declaration of Independence. and independent states.” • • June 8 – American Revolution: Battle of Trois- July 8 – American Revolution: The Liberty Bell Rivières: The invading American Continental Army rings in Philadelphia for the rst public reading of is driven back at Trois-Rivières, Quebec. the Declaration of Independence. • • June 11 – American Revolution: The Continental July 9 – American Revolution: An angry mob in Congress appoints a Committee of Five to draft a New York City topples the equestrian statue of Declaration of Independence. George III of Great Britain in Bowling Green. • • June 12 – American Revolution: Virginia Declara- July 12 – Captain James Cook sets o from tion of Rights by George Mason adopted by the Vir- Plymouth, England, in HMS Resolution on his third ginia Convention of Delegates. voyage, to the Pacic Ocean and Arctic, which will • be fatal. June 15 – American Revolution: Delaware Separa- • tion Day: The Delaware General Assembly votes to July 21 – Mozart's Serenade No. 7 (the “Haner”) suspend government under the British Crown. is rst performed in Salzburg, Austria. • • June 17 – Lt. José Joaquín Moraga leads a band of July 29 – Francisco Silvestre Vélez de Escalante, colonists from Monterey Presidio, landing on June Francisco Atanasio Domínguez, and eight other 29 and, with Father Francisco Palóu, constructing Spaniards set out from Santa Fe on an eighteen- the Mission San Francisco de Asís (“Mission Do- hundred mile trek through the American Southwest. lores”) of the new Presidio of San Francisco, the They are the rst Europeans to explore the vast re- oldest surviving building in the modern-day city. gion between the Rockies and the Sierras.[5] 1.6 November–December 3

• • August 2 – Most of the American colonies ratify the September 22 – American Revolution: Nathan Hale Declaration of Independence. executed in New York City for espionage. • • August 15 – American Revolution: First Hessian September 24 troops land on Staten Island to join British forces. • First running of the St Leger Stakes horse • [4] August 27 – American Revolution: Battle of Long race (not yet named) in England, rst of Island: Washington's troops routed in Brooklyn by the British Classic Races, devised by Anthony British under William Howe. St Leger (British Army ocer), on Cantley Common at Doncaster. The winner is a lly (later named Allabaculia) owned by the organ- 1.5 September–October iser, the 2nd Marquess of Rockingham. • • The Bolshoi Theatre company hosts its rst September 1 – Invasion of Cherokee Nation by annual opera season, with the opening of the 6,000 patriot troops from Virginia, North Carolina, Bolshoi Kamenny Theatre in Saint Petersburg, and South Carolina begins. The troops destroy Russia.[6] thirty-six Cherokee towns.[5] • • October 7 – Crown Prince Paul of Russia marries September 6 – Hurricane hits Guadeloupe, killing Sophie Dorothea of Württemberg. more than 6000 people. • • October 9 – Father Francisco Palóu founds the September 7 – American Revolution: World’s rst Mission San Francisco de Asís in what is now San submarine attack. American submersible craft Francisco. Turtle attempts to attach a time bomb to the hull of Ea- • British Admiral Richard Howe's agship HMS October 11 – American Revolution: Battle of Val- gle in New York Harbor. cour Island: On Lake Champlain near Valcour Is- • land, a British eet led by Sir Guy Carleton defeats September 11 – American Revolution: abortive 15 American gunboats commanded by Brigadier peace conference between British and Americans on General Benedict Arnold. Although nearly all of Staten Island. Arnold’s ships are destroyed, the two-day-long bat- • September 15 – American Revolution: Landing at tle will give Patriot forces enough time to prepare Kip’s Bay: British troops land on Manhattan at Kips defenses of New York City. Bay.[2] • October 18 – American Revolution: Battle of Pell’s Point: Troops of the American Continental Army resist a British and Hessian force in The Bronx. • October 28 – American Revolution: Battle of White Plains: British forces arrive at White Plains, attack and capture Chatterton Hill from the Americans.[2] • October 31 – In his rst speech before British Par- liament since the Declaration of Independence that summer, King George III acknowledges that all is not going well for Britain in the war with the United States.

1.6 November–December • November 16 – American Revolution: Battle of Fort Washington – Hessian forces under Lieu- tenant General Wilhelm von Knyphausen capture Fort Washington (Manhattan) from the American September 22: British hang spy Nathan Hale in New York City. Continental Army. The captain of the American navy ship Andrew Doria res a salute to the Dutch • ag on Fort Oranje and Johannes de Graa answers September 16 – American Revolution: Battle of with eleven gun shots.[7] Harlem Heights: The Continental Army under • Washington are victorious against the British on November 20 – American Revolution: Battle of Manhattan. Fort Lee – Invasion of New Jersey by British and 4 3 BIRTHS

• Hessian forces and subsequent general retreat of the Ferdinand von Schill, German noble (d. 1809) • American Continental Army. Auguste Jean Ameil, French soldier (d. 1822) • • December 5 – The Phi Beta Kappa Society is January 8 – Thomas Langlois Lefroy, Irish politician founded at the College of William & Mary in (d. 1869) Virginia. • • January 9 – Ludwig Rhesa, Prussian scholar (d. December 7 – American Revolution: The Marquis 1840) de Lafayette attempts to enter the American military • as a major general. January 10 – George Birkbeck, English doctor, aca- • demic and philanthropist (d. 1841) December 21 – American Revolution: The Royal • Colony of North Carolina reorganizes into the State January 15 – Prince William Frederick, Duke of North Carolina after adopting its own constitu- of Gloucester and Edinburgh, Roman-born British tion. Richard Caswell becomes the rst governor of Prince (d. 1834) the newly formed state. • January 16 • December 23 – American Revolution: Thomas • Matthew Brown, college president (d. 1853) Paine, living with Washington’s troops, begins pub- • lishing The American Crisis, containing the stirring João Soares de Albergaria de Sousa, Por- phrase, “These are the times that try men’s souls.” tuguese politician (d. 1875) • • Richard Onslow, English archdeacon (d. December 25 – American Revolution: Gen. George 1849) Washington orders the rst issue of The Crisis read • to his troops on Christmas Eve, then at 6 p.m. all January 17 (bapt.) – Jane Porter, English novelist 2600 of them march to McKonkey’s Ferry, cross the (d. 1850) Delaware River and land on the Jersey bank at 3 a.m. • • January 21 December 26 – American Revolution: Battle of • Trenton: Washington’s troops surprise the 1500 Poul Christian Holst, Norwegian politician (d. Hessian troops under the command of Col. Johann 1863) • Rall at 8 a.m. outside Trenton and score a Elisha Haley, American politician (d. 1860) [2] victory, taking 948 prisoners while suering only • 5 wounded. January 23 – Howard Douglas, British Army general (d. 1861) • January 24 2 World Events • Jean-Guillaume, baron Hyde de Neuville, French aristocrat (d. 1857) The United States of America became an independent country, no longer subject to British rule. •• E. T. A. Homann, German writer, composer and painter (d. 1822) 3 Births • Peter A. Jay, American politician (d. 1843) • • January 1 – James M. Broom, American politician January 25 – Joseph Gﬁrres, German writer and (d. 1850) journalist (d. 1848) • • January 2 – Jeremiah Chaplin, Reformed Baptist January 29 – William Bowie, American agrarian (d. theologian (d. 1841) 1826) • • January 3 – Thomas Morris, American politician (d. February 4 1844) • Gottfried Reinhold Treviranus, German biol- • January 4 ogist (d. 1837) • • Bernardino Drovetti, Italian diplomat (d. Jan Gerard Kemmerling, Dutch mayor (d. 1852) 1818) • • Jean-Baptiste Prosper Jollois, French Egyptol- February 11 – Ioannis Kapodistrias, Governor of ogist (d. 1842) Greece (d. 1831) • • January 6 February 12 5

• Innis Green, American congressman for Penn- sylvania (d. 1839) • John Paterson, Missionary to Northern Europe (d. 1855) • February 28 – François Quirouet, Canadian politician (d. 1844) • March 1 • John Collins, American manufacturer and politician (d. 1822) • Elias Moore (d. 1847) • March 3 – James Parker, American politician (d. 1868) • March 4 – Guillaume Emmanuel Guignard, vicomte de Saint-Priest, Russian army commander (d. 1814) • March 5 – Gerard Troost, American mineralogist (d. 1850) E. T. A. Hoﬀmann • March 6 – Luigi Lambruschini, Catholic cardinal (d. 1854) • • Richard Mant, Irish bishop (d. 1848) March 7 – Timothy Ruggles, Canadian politician (d. • Mary Young Pickersgill, Maker of Star Span- 1831) gled Banner ag (d. 1857) • • March 8 February 14 – Christian Gottfried Daniel Nees von • Esenbeck, prolic German botanist (d. 1858) David Rogerson Williams, American politi- • cian (d. 1830) February 15 – Jean-Pierre Boyer, President of Haiti • (d. 1850) Samuel Tweedy, American politician (d. 1868) • February 16 – Abraham Raimbach, British engraver • (d. 1843) March 9 • • February 17 Thomas Evans, British Army general (d. 1863) • Ross Cuthbert, Canadian politician (d. 1861) • • Archduke Joseph, Palatine of Hungary, Arch- Georg zu Münster, German paleontologist (d. duke of Austria (d. 1847) 1844) • • March 10 February 18 – Karl August Ferdinand von Borcke, • German general (d. 1830) Louise of Mecklenburg-Strelitz, Queen of • Prussia (d. 1810) February 20 – Mariano Ricafort Palacín y Abarca, • Spanish colonial governor of Cuba (d. 1846) Étienne Ranvoyzé, Canadian politician (d. 1826) • February 21 – Joseph Barss, privateer and sea cap- • tain (d. 1824) March 12 – Lady Hester Stanhope, English archae- ologist (d. 1839) • February 23 • • March 15 – Aimé Picquet du Boisguy, French John Walter, English newspaper editor (d. chouan general during the French Revolution (d. 1847) 1839) • Heneage Horsley, Scottish priest (d. 1847) • March 17 – Joel Abbot, American politician (d. • February 25 – George William Tighe, English expa- 1826) triate (d. 1837) • March 19 – Philemon Beecher, American politician • February 26 (d. 1839) 6 3 BIRTHS

• • March 20 Augustin-Marie d'Aboville, French artillerist • during the Revolution (d. 1843) Joshua Bates, American educator (d. 1854) • • Daniel Oliver Guion, British Royal Navy o- Richard Temple-Nugent-Brydges-Chandos- cer (d. 1811) Grenville, 1st Duke of Buckingham and • Chandos, English politician (d. 1839) William Weston Young, English Quaker businessman (d. 1847) • March 21 – John Frederick Frelinghuysen, United • States general (d. 1833) April 25 • • March 23 James Miller, American politician (d. 1851) • • Edward Solly, English merchant and art col- Robert Eden Duncombe Shafto, English lector (d. 1844) politician (d. 1848) • • Vicente Salias, Venezuelan doctor (d. 1814) Princess Mary, Duchess of Gloucester and Ed- inburgh, member of the British Royal Family • March 24 – Zusho Hirosato, Samurai (d. 1849) (d. 1857) • • March 27 – Charles-François Brisseau de Mirbel, April 27 French botanist and politician (d. 1854) • Hyacinthe Jadin, French composer (d. 1800) • March 30 – Vasily Tropinin, Russian artist (d. 1857) • John Cunningham, Canadian politician (d. • March 31 – Joseph Küner, German musician and 1847) composer (d. 1856) • April 28 • April 1 • Charles Bennet, 5th Earl of Tankerville, En- • Pierre François Bellot, Swiss jurist (d. 1836) glish politician (d. 1859) • • Sophie Germain, French mathematician (d. Manuel Vieira de Albuquerque Touvar, Por- 1831) tuguese nobleman, (d. 1833) • • April 3 May 4 – Johann Friedrich Herbart, German philoso- • pher and psychologist (d. 1841) François Blanchet, Canadian physician and • politician (d. 1830) May 5 – Valentine Efner, American politician (d. • Mary Anne Clarke, English mistress of Prince 1865) Frederick (d. 1852) • May 6 • April 6 – Jesse Bledsoe, American politician (d. • Stephen Rumbold Lushington, English politi- 1836) cian and administrator in Madras (d. 1868) • • April 11 Pyotr Mikhailovich Volkonsky, Russian Field • Marshal (d. 1852) Macvey Napier (d. 1847) • • Jerome Inglott, Maltese philosopher (d. 1835) Rensselaer Westerlo, American politician (d. 1851) • April 12 • May 8 • Henry Hezekiah Cogswell, Canadian politi- • cian (d. 1854) Edward Leveson-Gower, British Royal Navy • admiral (d. 1853) Henry Hobhouse, English archivist (d. 1854) • Prince Bagrat of Georgia (d. 1841) • April 13 – Wilhelm von Schütz, German author and • playwright (d. 1847) May 9 – Thomas Maguire, Canadian Roman • Catholic priest (d. 1854) April 15 – John Anstruther-Thomson, Scottish no- • bleman and Colonel of the Royal Fifeshire Yeo- May 10 – George Thomas Smart, English musician manry Cavalry (d. 1833) (d. 1867) • • April 17 – Jean-François Roger, French poet and May 13 – Jett Thomas, American militia general (d. politician (d. 1842) 1817) • • April 20 May 17 – Amos Eaton, American botanist (d. 1842) 7

• • May 18 – Dennis Pennington, American politician Samuel Thatcher, American politician (d. (d. 1854) 1872) • • May 20 Sophie Gay, French author (d. 1852) • • Simon Fraser, Canadian explorer (d. 1862) July 3 – Henry Parnell, 1st Baron Congleton, Anglo- • Irish politician (d. 1842) Víctor Rosales, Mexican rebel (d. 1817) • • July 4 May 29 – Peter Erasmus Müller, Danish historian, • linguist and theologian (d. 1834) Pär Aron Borg, sign language creator (d. • 1839) May 31 – José Antonio de la Garza, American • mayor (d. 1851) Ethan Allen Brown, American politician (d. • 1852) June 1 • • July 5 George Schetky, American conductor (d. • 1831) Daniel Dobbins, captain in the United States • Revenue Cutter Service (d. 1856) Giuseppe Zamboni, Italian Roman Catholic • priest, physicist (d. 1846) Bernard Smith, American politician (d. 1835) • • June 4 – Isaac B. Van Houten, American politician July 10 – Samuel Powell, American politician (d. (d. 1850) 1841) • • June 6 – William Reed, American politician (d. July 11 – William Bradbery (d. 1860) 1837) • July 12 – John Christian, Manx judge (d. 1852) • June 8 – Thomas Rickman, English architect and ar- • chitectural antiquary (d. 1841) July 13 – Caroline of Baden, Queen of Bavaria (d. 1841) • June 11 – John Constable, English landscape painter • (d. 1837) July 14 – Pierre Yrieix Daumesnil, French soldier (d. 1832) • June 12 • July 16 • Karl Friedrich Burdach, German physiologist • (d. 1847) Ludwig Heinrich Bojanus, German physician • and naturalist (d. 1827) José Manuel de Goyeneche, 1st Count of • Guaqui, Spanish soldier and diplomat (d. Johann Georg von Soldner, German physicist 1846) (d. 1833) • • Pierre Révoil, French painter (d. 1842) July 17 – John Neilson, Canadian politician (d. • 1848) June 19 – Francis Johnson, American politician (d. • 1842) July 18 – John Struthers, Scottish poet (d. 1853) • • June 21 July 20 – Ignaz Schuppanzigh, Austrian musician (d. • 1830) Landgravine Josepha of Fürstenberg-Weitra, • Princess of Liechtenstein (d. 1848) July 22 • Charles Horsfall, English merchant and politi- • Etheldred Benett, early English geologist (d. cian (d. 1846) • 1845) William Wadd, English surgeon and medical • Friedrich Hermann Otto, Prince of author (d. 1829) Hohenzollern-Hechingen (d. 1838) • June 23 – Stephen Longfellow, American politician • (d. 1849) July 26 – Pierre Fouquier, French physician and pro- fessor of medicine (d. 1850) • June 28 – Charles Mathews, English actor (d. 1835) • July 29 – James McSherry, American politician (d. • June 29 – George Okill Stuart, Canadian clergyman 1849) (d. 1862) • July 30 – Sir Edward Kerrison, 1st Baronet, British • July 1 general (d. 1853) 8 3 BIRTHS

• • August 1 Thomas Millidge, Jr., businessman and politi- • cal gure in New Brunswick (d. 1838) Archibald Acheson, 2nd Earl of Gosford, • Governor General of British North America, David Erskine, 2nd Baron Erskine, British 1835 - 1837 (d. 1849) politician (d. 1855) • • Jean Corbineau, French cavalry general (d. August 13 – Abraham Shepherd, American politi- 1848) cian (d. 1847) • • August 2 August 14 • • Thomas Assheton Smith II, English cricketer Prince Christian of Hesse (d. 1814) • (d. 1858) Christian Friedrich Tieck, German sculptor • Friedrich Stromeyer, German chemist (d. (d. 1851) • 1835) August 15 • • August 4 – Pierre-Simon Ballanche, French writer Ignaz von Seyfried, Austrian musician (d. and counterrevolutionary philosopher (d. 1847) 1841) • • August 5 Gottlieb Schick, German artist (d. 1812) • • Sophie d'Artois (d. 1783) August 16 • • John Willson, Canadian judge (d. 1860) Amalia von Helvig, German and Swedish artist • (d. 1831) August 6 – William Crooks, Canadian politician (d. • 1836) Philipp Jakob Riotte, German composer (d. 1856) • • August 9 Monaldo Leopardi, Italian philosopher (d. • 1847) Jacob Munch, Norwegian painter and military • ocer (d. 1839) Jean-Roch Coignet, French soldier (d. 1865) • August 18 • Agustín Argüelles, Spanish liberal politician (d. 1844) • Thomas Howard, 16th Earl of Suolk, English Earl (d. 1851) • Sir Robert Newman, 1st Baronet, English politician (d. 1848) • August 21 • Joseph Healy, American politician (d. 1861) • Elizabeth Parke Custis Law, American matri- arch (d. 1832) • August 22 – Carlo Amati, Italian architect (d. 1852) • August 23 • Jens Peter Debes, Norwegian politician (d. 1832) • Józef Maria Hoene-Wroński, Polish philosopher (d. 1853) • August 25 – Thomas Bladen Capel, British admiral Amedeo Avogadro (d. 1853) • August 26 •• Amedeo Avogadro, Italian chemist (d. 1856) • Ferdynand Stokowski, Polish general (d. • August 12 1827) 9

• • Henry A. Livingston, American politician (d. Peter Shaver, Canadian politician (d. 1866) • 1849) Maria Versfelt, Dutch writer and actor (d. • August 27 – Barthold Georg Niebuhr, Danish- 1845) • German statesman and historian (d. 1831) October 1 – Augustus Warren Baldwin, naval ocer • and political gure in Upper Canada (d. 1866) August 29 – Georg Friedrich Treitschke, German • librettist (d. 1842) October 3 – Thomas Walsh, Vicar Apostolic of Eng- • land and Wales (d. 1849) September 1 • • October 4 Jacques Gervais, baron Subervie, French gen- • eral and politician (d. 1856) Giovanni Battista Bellé, Italian Bishop of • Ezekiel Bacon, American politician (d. 1870) Mantova (d. 1844) • • Antonio Tosti, Italian Cardinal-Priest (d. September 3 – Étienne Mayrand, Canadian politi- 1866) cian (d. 1872) • Mariano Lagasca, Spanish botanist (d. 1839) • September 4 – Stephen Whitney, American mer- • chant (d. 1860) October 6 • • September 5 – Augustus Simon Frazer, French-born Hirata Atsutane, theologian of the Shintō reli- British Army ocer (d. 1835) gion (d. 1843) • • James Du, 4th Earl Fife, Scottish-born Span- September 8 ish general (d. 1857) • • Amelia of Nassau-Weilburg, German noble- James Stuart-Wortley, 1st Baron Wharnclie, woman (d. 1841) English politician (d. 1845) • • Heinrich Meldahl, Norwegian builder (d. October 8 – Pieter van Os, Dutch painter and en- 1840) graver (d. 1839) • • September 9 October 12 – Jean-Michel Mahé, French Navy o- • cer and captain (d. 1833) Parmenio Adams, American politician (d. • 1832) October 13 • Calvin Pease, Ohio Jurist and legislator (d. • Peter Barlow, English mathematician (d. 1839) 1862) • • Philip Broke, British Royal Navy admiral (d. John Gibb, Scottish civil engineering contrac- 1841) tor (d. 1850) • • September 11 – Thomas Arbuthnot, British Army October 14 general (d. 1849) • • Samuel Rexford, New York politician (d. September 15 1857) • • William Baylies, American politician (d. Robert Townsend Farquhar, British colonial 1865) administrator (d. 1830) • • Calvin Willey, American politician (d. 1858) October 18 – Cowles Mead, American politician (d. • 1844) September 17 – Langdon Cheves, American politi- • cian (d. 1857) October 20 – John Rolls of The Hendre, British • judge (d. 1837) September 18 – Thomas Gleadowe-Newcomen, 2nd • Viscount Newcomen, English politician (d. 1825) October 21 – George Izard, United States general • (d. 1828) September 21 • • October 22 – Edward Draper, military ocer in Karl Gustav Bonuvier, Swedish actor and the- the British Army and civil servant in Mauritius (d. atre director (d. 1858) 1841) • John Fitchett, English poet (d. 1838) • October 25 – Patrick Neill, Printer and horticultur- • September 27 alist (d. 1851) 10 3 BIRTHS

• • October 28 – Joachim Haspinger, Catholic priest Jean-Joseph Marcel, French printer and engi- and leader of the Tyrolese revolt against Napoleon neer (d. 1854) • (d. 1858) Matthew John Tierney, Irish surgeon (d. • 1845) October 30 • • November 29 – Harcourt Lees, Irish clergyman and George M. Bibb, American politician (d. political pamphleteer (d. 1852) 1859) • • John Hahn, American politician (d. 1823) November 30 • • October 31 – Francis Locke Jr., American politician Philippe André de Vilmorin, French horticul- (d. 1823) turist (d. 1862) • • Bartholomew Frere, English diplomat (d. November 1 – Abraham McClellan, American 1851) politician (d. 1851) • • December 1 November 5 – Abraham Teerlink, Dutch painter (d. • 1857) Elijah H. Mills, American politician (d. 1829) • • Isaac Lacey, American politician (d. 1844) November 7 • • December 2 – Louis Alexis Baudoin (d. 1805) Bartow White, American politician (d. 1862) • • December 3 James Abercromby, 1st Baron Dunfermline, • British politician (d. 1858) Yashwantrao Holkar, Ruler of Holkar State. • (d. 1811) November 10 • Nicolas Charles Seringe, French physician and • Samuel Gross, American politician (d. 1839) botanist (d. 1858) • • Henry Seymour (Knoyle), British politician (d. December 5 – Konrad Johann Martin Langenbeck, 1849) German surgeon (d. 1851) • General Washington Johnston, American • politician (d. 1833) December 6 – Theodorick Bland, United States federal judge (d. 1846) • November 11 – Philip E. Thomas, American banker • December 7 – Reuben Whallon, American politi- and railroad executive (d. 1861) cian (d. 1843) • November 14 – Henri Dutrochet, French physician • December 8 (d. 1847) • • Theodore Dehon, second Bishop of South November 15 Carolina (d. 1817) • • Aaron Manby, English civil engineer, founder William Logan, American politician (d. 1822) of the Horseley Ironworks (d. 1850) • • December 10 Pehr Henrik Ling, Swedish physical therapist • (d. 1839) Archduchess Maria Leopoldine of Austria- Este, second wife of Charles Theodore (d. • November 17 1848) • • Robert Trimble, United States federal judge David Marchand, American politician (d. (d. 1828) 1832) • • Friedrich Christoph Schlosser, German histo- Abraham Mendelssohn Bartholdy, German rian (d. 1861) banker; father of Felix Mendelssohn Bartholdy (d. 1835) • November 20 • December 12 – Nicholas Conyngham Tindal, En- • William Blackwood, Scottish publisher (d. glish lawyer and politician (d. 1846) 1834) • December 13 – James Hawkes, American politician • Maximilian Seyssel d’Aix, German general (d. (d. 1865) 1855) • December 14 – Ingelbrecht Knudssﬃn, Norwegian • November 24 politician (d. 1826) 11

• December 16 4 Deaths • Narciso Durán, Spanish Franciscan mission- • ary to Mexico (d. 1846) March 10 • Élie Catherine Fréron, French critic (b. 1719) • Niclas Sahlgren, Swedish merchant and philanthropist (b. 1701) • March 24 – John Harrison, English clockmaker (b. 1693) • March 26 – Samuel Ward, American politician (b. 1725) • April 29 – Edward Wortley Montagu, English trav- eller and writer (b. 1713) • May 4 – Jacques Saly, French sculptor (b. 1717) • June 10 – Leopold Widhalm, Austrian luthier (b. 1722) • June 20 – Benjamin Huntsman, English inventor and manufacturer (b. 1704) • July 7 – Jeremiah Markland, English classical Johann Wilhelm Ritter scholar (b. 1693) • July 10 – Richard Peters, English-born clergyman •• Johann Wilhelm Ritter, German chemist (d. (b. 1704) 1810) • • August 1 – Francis Salvador, American patriot (b. December 19 1747) • Lord Edward Somerset, British Army general • August 2 – Louis François, Prince of Conti, French (d. 1842) • military leader (b. 1717) Lars Roverud, Norwegian musician (d. 1850) • • Eusebio Bardají y Azara, Prime Minister of August 25 – David Hume, Scottish philosopher (b. Spain (d. 1842) 1711) • • December 20 – José María del Castillo y Rada, Pres- September 22 – Nathan Hale, American Revolu- ident of Colombia (d. 1833) tionary War captain, writer and patriot (executed) • (b. 1755) December 25 – John Slater, American businessman • (d. 1843) October 10 - Karl Gotthelf von Hund, German • December 26 – Charles Hamilton Smith, British Freemason (b. 1722) artist (d. 1859) • October 17 – Pierre François le Courayer, French • December 27 – Nikolay Kamensky, Russian general theologian (b. 1681) (d. 1811) • • November 17 – James Ferguson, Scottish as- December 29 – Gustaf af Wetterstedt, Swedish tronomer (b. 1710) politician (d. 1837) • December 30 – William Drayton, American politician (d. 1846) 5 See also • December 31 – Johann Spurzheim, German physi- • cian (d. 1832) One World Trade Center 12 7 FURTHER READING

6 References

[1] “Timeline of the American Revolutionary War”. Inde- pendence Hall. Archived from the original on May 30, 2007. Retrieved 2007-06-01.

[2] Williams, Hywel (2005). Cassell’s Chronology of World History. London: Weidenfeld & Nicolson. pp. 330–331. ISBN 0-304-35730-8.

[3] “Askersunds historia” (in Swedish). Fﬁreningen Gamla Askersund. Retrieved 25 March 2011.

[4] Penguin Pocket On This Day. Penguin Reference Library. 2006. ISBN 0-14-102715-0.

[5] Saunt, Claudio (2014). West of the Revolution: An Un- common History of 1776. New York: W. W. Norton & Company. ISBN 9780393240207.

[6] “Mariinsky Theatre: History of the Theatre”. Mariinsky Theatre. Retrieved 2011-12-04.

[7] Rice, Hank (June 2000), Footnotes in History: “The First Salute”, Sons of the American Revolution

• Historic Letters of 1776

7 Further reading • John Blair; J. Willoughby Rosse (1856). “1776”. Blair’s Chronological Tables. London: H.G. Bohn – via Hathi Trust. 13

8 Text and image sources, contributors, and licenses

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8.2 Images • File:Avogadro_Amedeo.jpg Source: https://upload.wikimedia.org/wikipedia/commons/3/3d/Avogadro_Amedeo.jpg License: Public domain Contributors: Edgar Fahs Smith collection Original artist: From a drawing by C. Sentier, executed in Torino at Litograa Doyen in 1856. • File:Commons-logo.svg Source: https://upload.wikimedia.org/wikipedia/en/4/4a/Commons-logo.svg License: CC-BY-SA-3.0 Contribu- tors: ? Original artist: ? • File:Commonsense.jpg Source: https://upload.wikimedia.org/wikipedia/commons/4/4a/Commonsense.jpg License: Public domain Con- tributors: http://www.indiana.edu/~{}liblilly/history/common-sense-larger.html Original artist: Scanned by uploader, originally by Thomas Paine. • File:Declaration_independence.jpg Source: https://upload.wikimedia.org/wikipedia/commons/1/15/Declaration_independence.jpg Li- cense: Public domain Contributors: US Capitol Original artist: John Trumbull • File:ETA_Hoffmann_2.jpg Source: https://upload.wikimedia.org/wikipedia/commons/1/15/ETA_Hoffmann_2.jpg License: Pub- lic domain Contributors: http://www.smb-digital.de/eMuseumPlus?service=ExternalInterface&module=collection&objectId=964824& viewType=detailView Original artist: ? • File:Nathan_Hale_hanged_by_British_1776.gif Source: https://upload.wikimedia.org/wikipedia/commons/4/4c/Nathan_Hale_ hanged_by_British_1776.gif License: Public domain Contributors: ? Original artist: ? • File:Ritter-Johann-Wilhelm-1804.jpg Source: https://upload.wikimedia.org/wikipedia/commons/0/0b/Ritter-Johann-Wilhelm-1804. jpg License: Public domain Contributors: http://joi.jlc.jst.go.jp/JST.JSTAGE/revpolarography/54.99?from=Google Original artist: Unknown

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