Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1088203 Filing date: 10/13/2020

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 Brands, LLC Granted to Date 10/14/2020 of previous ex- tension Address 10101 LINN STATION RD SUITE 400 LOUISVILLE, KY 40223 UNITED STATES

Attorney informa- CYNTHIA JOHNSON WALDEN tion FISH & RICHARDSON P.C. PO BOX 1022 MINNEAPOLIS, MN 55440-1022 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], [email protected], [email protected] 6175425070

Docket Number Applicant Information

Application No. 88796006 Publication date 06/16/2020 Opposition Filing 10/13/2020 Opposition Peri- 10/14/2020 Date od Ends Applicant STRONG SIDE MARKETING, LLC 1018 N WINNETKA AVE DALLAS, TX 75208 UNITED STATES Goods/Services Affected by Opposition

Class 033. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Spirits Grounds for Opposition

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

U.S. Registration 1065407 Application Date 12/15/1975 No. Registration Date 05/10/1977 Foreign Priority NONE Date Word Mark EAGLE RARE Design Mark Description of NONE Mark Goods/Services Class 033. First use: First Use: 1975/02/12 First Use In Commerce: 1975/02/12

U.S. Registration 3254611 Application Date 10/19/2006 No. Registration Date 06/26/2007 Foreign Priority NONE Date Word Mark NONE Design Mark Description of The mark consists of eagle in flight over water. Mark Goods/Services Class 033. First use: First Use: 2001/12/01 First Use In Commerce: 2001/12/01 Whisky

Attachments Notice of Opposition - Eagle Talon Spirits.pdf(225455 bytes )

Signature /Cynthia Johnson Walden/ Name CYNTHIA JOHNSON WALDEN Date 10/13/2020

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

In the matter of Application Serial No. 88/796,006 For the Mark EAGLE TALON SPIRITS Published in the Official Gazette on June 16, 2020

SAZERAC BRANDS, LLC,

Opposer, Opposition No. ______

v.

STRONG SIDE MARKETING, LLC Applicant.

NOTICE OF OPPOSITION

In the matter of Application Serial No. 88/796,006 (“the ‘006 Application”), filed

February 13, 2020 by Strong Side Marketing, LLC (“Applicant”), for the mark EAGLE TALON

SPIRITS, Opposer Sazerac Brands, LLC (“Opposer”), a Delaware limited liability company having its principal place of business at 10101 Linn Station Road, Suite 400, Louisville,

Kentucky 40223, believes that it will be damaged by the continued registration of the mark shown in the above-identified application and hereby opposes the same in accordance with the provisions of Section 13 of the Trademark Act of July 5, 1946 (15 U.S.C. § 1063). The grounds for this Opposition are as follows:

PARTIES AND STANDING

1. Opposer, through its parent company, , Inc., markets and sells a number of different types and brands of alcoholic beverages and distilled spirits, including Notice of Opposition Sazerac Brands, LLC v. Strong Side Marketing, LLC Serial No.: 88/796,006 Mark: EAGLE TALON SPIRITS Page 2

tequilas, whiskeys, vodkas, brandies, rums, and specialty . Opposer has marketed and sold alcoholic beverages and distilled spirits in the United States for over a century.

2. Since at least as early as 1975, and long prior to Applicant’s February 13, 2020 filing date, Opposer and its predecessors in interest have marketed and sold alcoholic beverage products under the mark EAGLE RARE. In addition, Sazerac owns and uses the following trademarks in the United States, each of which is the subject of a valid, incontestable U.S. trademark registration:

 EAGLE RARE (U.S. Reg. No. 1,065,407) issued on May 10, 1977, for “bourbon

whiskey”; and

 Eagle Rare Logo (U.S. Reg. 3,254,611), issued on June 26, 2007, for “whisky”

(referred to collectively as the “Eagle Marks”).

Attached as Exhibit A are true and correct copies of printouts from the USPTO’s TSDR database showing the current status and title of Opposer’s Eagle Marks.

3. As indicated in the ‘006 Application, Applicant is a Texas limited liability company with a mailing address of 1018 N Winnetka Ave., Dallas, Texas 75208.

4. Applicant filed its application to register EAGLE TALON SPIRITS on February

13, 2020 on an intent to use basis for proposed use with “Spirits” in Class 33.

5. As the owner of record of prior registrations for similar marks for legally identical goods, and as a current user of similar marks for alcoholic beverages, Opposer has standing to bring this proceeding.

2

Notice of Opposition Sazerac Brands, LLC v. Strong Side Marketing, LLC Serial No.: 88/796,006 Mark: EAGLE TALON SPIRITS Page 3

FACTS

Opposer and its EAGLE Marks

6. Opposer, through its predecessors in interest, first adopted the EAGLE RARE mark for use in connection with bourbon whiskey in 1975 and the Eagle Rare Logo mark for use in connection with whiskey in 2001. Since then, Opposer, together with its predecessors in interest, has invested substantial amounts of money, time and effort in developing, establishing, promoting and selling its products under the Eagle Marks. During that time, Opposer has developed substantial goodwill in the Eagle Marks, which are valuable assets of Opposer.

7. Opposer’s EAGLE RARE brand products are sold throughout the United States where distilled spirits are typically sold. This includes “off premises” sales at stores, grocery stores, and other retail outlets and “on premises” sales at bars, restaurants, and other locations where individual alcoholic drinks are sold.

GROUND FOR OPPOSITION: PRIORITY & LIKELIHOOD OF CONFUSION 15 U.S.C. § 1052(d)

8. Opposer hereby repeats and re-alleges the allegations contained in paragraphs 1 through 7 above as if fully set forth herein.

9. Upon information and belief, given the long-standing and prominent use of the

Eagle Marks by Opposer, Applicant must have known of Opposer's rights in the Eagle Marks. In addition, given Opposer's federal registrations for its Eagle Marks, Applicant had at least constructive notice of Opposer's rights in them.

3

Notice of Opposition Sazerac Brands, LLC v. Strong Side Marketing, LLC Serial No.: 88/796,006 Mark: EAGLE TALON SPIRITS Page 4

10. Applicant’s EAGLE TALON SPIRITS mark, with the leading and prominent use of the term EAGLE, is likely to lead to confusion in the marketplace with Opposer’s EAGLE

Marks.

11. Opposer’s use in commerce and registration of the Eagle Marks predate any priority date Applicant can claim for its EAGLE TALON SPIRITS mark.

12. The goods claimed in the ‘006 Application are highly similar and/or legally identical to Opposer’s goods.

13. Upon information and belief, Applicant’s goods do, or would, travel and/or be promoted in the same or similar channels of trade as Opposer’s, for sale to the same class of consumers.

14. There is a likelihood that consumers and potential consumers of either Opposer or

Applicant will be confused or deceived into believing that the goods emanate from the same source, or that they are somehow sponsored by or affiliated with the other, all to the great detriment of the goodwill which Opposer has built in its EAGLE Marks.

15. As a result of this likely confusion, Opposer believes that it will be damaged by the use and registration of Applicant’s EAGLE TALON SPIRITS mark.

16. Opposer has not consented and does not consent to Applicant’s use or registration of Applicant’s mark.

4

Notice of Opposition Sazerac Brands, LLC v. Strong Side Marketing, LLC Serial No.: 88/796,006 Mark: EAGLE TALON SPIRITS Page 5

WHEREFORE, Opposer respectfully requests that the Board sustain this Opposition, and refuse registration of the ‘006 Application, and grant such other and further relief as the Board deems just and proper.

Respectfully submitted,

SAZERAC BRANDS, LLC

By its Attorneys,

Date: October 13, 2020 /Cynthia Johnson Walden/ Cynthia Johnson Walden Ryan E. Thomas FISH & RICHARDSON P.C. Postal Address: P.O. Box 1022 Minneapolis, MN 55440-1022

Courier Mail Address: One Marina Park Drive Boston, MA 02210

Telephone: (617) 542-5070 Facsimile: (617) 542-8906 [email protected]; [email protected], [email protected], [email protected]

5

EXHIBIT A

EXHIBIT A Generated on: This page was generated by TSDR on 2020-10-13 11:04:46 EDT Mark: EAGLE RARE

US Serial Number: 73071853 Application Filing Dec. 15, 1975 Date: US Registration 1065407 Registration Date: May 10, 1977 Number: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: The registration has been renewed. Status Date: May 25, 2017

Mark Information

Mark Literal EAGLE RARE Elements: Standard Character No Claim: Mark Drawing 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S) Type: Disclaimer: APPLICANT DISCLAIMS THE EXCLUSIVE USE OF "RARE" APART FROM THE MARK AS SHOWN. Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: BOURBON WHISKEY International 033 - Primary Class U.S Class(es): 049 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Feb. 12, 1975 Use in Commerce: Feb. 12, 1975 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: SAZERAC BRANDS, LLC Owner Address: 10101 Linn Station Rd., Suite 400 Louisville, UNITED STATES 40223 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Cynthia Johnson Walden Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Cynthia Johnson Walden Name/Address: Fish & Richardson P.C. PO Box 1022 Minneapolis, MINNESOTA UNITED STATES 55440-1022 Phone: 6175425070 Fax: 877-769-7945 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 09, 2018 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888 Oct. 09, 2018 TEAS CHANGE OF OWNER ADDRESS RECEIVED May 31, 2018 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED May 31, 2018 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED May 25, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED May 25, 2017 REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS) 76874 May 25, 2017 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 76874 May 25, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76874 May 05, 2017 TEAS SECTION 8 & 9 RECEIVED May 10, 2016 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED Mar. 09, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Nov. 25, 2015 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP Sep. 05, 2013 TEAS CHANGE OF CORRESPONDENCE RECEIVED Dec. 07, 2011 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY May 20, 2009 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Nov. 13, 2007 CASE FILE IN TICRS Mar. 28, 2007 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) 67603 Mar. 28, 2007 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED Mar. 28, 2007 ASSIGNED TO PARALEGAL 67603 Jan. 25, 2007 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED Jan. 25, 2007 TEAS SECTION 8 & 9 RECEIVED Oct. 07, 2005 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED Oct. 07, 2005 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED Jun. 05, 1997 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) Apr. 18, 1997 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 TM Staff and Location Information

TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: May 25, 2017 Assignment Abstract Of Title Information

Summary Total Assignments: 7 Registrant: JOSEPH E. & SONS, INC.

Assignment 1 of 7

Conveyance: ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL Reel/Frame: 0677/0610 Pages: 0 Date Recorded: Nov. 13, 1989 Supporting No Supporting Documents Available Documents: Assignor Name: JOSEPH E. SEAGRAM & SONS, INC. Execution Date: May 04, 1989 Legal Entity Type: CORPORATION State or Country INDIANA Where Organized: Assignee Name: SAZERAC COMPANY, INC. Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Address: 803 JEFFERSON HIGHWAY , LOUISIANA 70121 Correspondent Correspondent ALLEGRETTI & WITCOFF, LTD. Name: Correspondent 10 SOUTH WACKER DRIVE Address: , IL 60606 Domestic Representative - Not Found Assignment 2 of 7

Conveyance: SECURITY AGREEMENT Reel/Frame: 3988/0971 Pages: 15 Date Recorded: May 13, 2009 Supporting assignment-tm-3988-0971.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Mar. 24, 2009 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized:

Name: , INC. Execution Date: Mar. 24, 2009 Legal Entity Type: CORPORATION State or Country KENTUCKY Where Organized: Assignee Name: CAPITAL ONE, NATIONAL ASSOCIATION Legal Entity Type: BANK State or Country UNITED STATES Where Organized: Address: 201 ST. CHARLES AVE., 29TH FLOOR NEW ORLEANS, LOUISIANA 70112 Correspondent Correspondent PHILIP DEV. CLAVERIE, SR. Name: Correspondent C/O PHELPS DUNBAR, L.L.P. Address: 365 CANAL STREET, SUITE 2000 NEW ORLEANS, LOUISIANA 70130 Domestic Representative - Not Found Assignment 3 of 7

Conveyance: SECURITY INTEREST Reel/Frame: 4668/0165 Pages: 79 Date Recorded: Nov. 30, 2011 Supporting assignment-tm-4668-0165.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized:

Name: MAJESTIC DISTILLING COMPANY, INC. Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country MARYLAND Where Organized:

Name: SAZERAC NORTH AMERICA, INC. Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized:

Name: JAYBIRD SPIRITS CO., LLC Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Assignee Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Address: 1525 WEST W.T. HARRIS BOULEVARD MAC D1109 019 CHARLOTTE, NORTH CAROLINA 28262 Correspondent Correspondent CHRISTIAN BROSE, ESQ./MCGUIREWOODS, LLP Name: Correspondent 201 NORTH TRYON STREET Address: CHARLOTTE, NC 28202 Domestic Representative - Not Found Assignment 4 of 7

Conveyance: TERMINATION OF SECURITY INTEREST (R3988-F0971) Reel/Frame: 4668/0244 Pages: 12 Date Recorded: Nov. 30, 2011 Supporting assignment-tm-4668-0244.pdf Documents: Assignor Name: CAPITAL ONE, NATIONAL ASSOCIATION, AS Execution Date: Nov. 18, 2011 ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country No Place Where Organized Found Where Organized: Assignee Name: SAZERAC COMPANY, INC. Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Address: 3850 NORTH CAUSEWAY BOULEVARD METAIRIE, LOUISIANA 70002

Name: BUFFALO TRACE DISTILLERY, INC. Legal Entity Type: CORPORATION State or Country KENTUCKY Where Organized: Address: 113 GREAT BUFFALO TRACE FRANKFORT, KENTUCKY 40601 Correspondent Correspondent CHRISTIAN BROSE, ESQ./MCGUIREWOODS, LLP Name: Correspondent 201 NORTH TRYON STREET Address: CHARLOTTE, NC 28202 Domestic Representative - Not Found Assignment 5 of 7

Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 01/31/2015 Reel/Frame: 5666/0336 Pages: 29 Date Recorded: Nov. 11, 2015 Supporting assignment-tm-5666-0336.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Nov. 09, 2015 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Assignee Name: SAZERAC BRANDS, LLC Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Address: 10400 LINN STATION ROAD, SUITE 300 LOUISVILLE, KENTUCKY 40223 Correspondent Correspondent SUSAN P. CHRISTOFF, ESQ. COOLEY LLP Name: Correspondent 1299 PENNSYLVANIA AVENUE, NW, SUITE 700 Address: WASHINGTON, DC 20004 Domestic Representative - Not Found Assignment 6 of 7

Conveyance: TERMINATION AND RELEASE OF SECURITY INTEREST IN U.S. TRADEMARKS Reel/Frame: 5743/0651 Pages: 76 Date Recorded: Mar. 01, 2016 Supporting assignment-tm-5743-0651.pdf Documents: Assignor Name: WELLS FARGO BANK, NATIONAL Execution Date: Mar. 01, 2016 ASSOCIATION, AS ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Assignee Name: SAZERAC COMPANY, INC. Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Address: 3850 NORTH CAUSEWAY BOULEVARD METAIRIE, LOUISIANA 70002

Name: MAJESTIC DISTILLING COMPANY, INC. Legal Entity Type: CORPORATION State or Country MARYLAND Where Organized: Address: 2200 MONUMENTAL AVE. , MARYLAND 90749

Name: SAZERAC NORTH AMERICA, INC. Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Address: 10401 LINN STATIN ROAD, SUITE 300 LOUISVILLE, KENTUCKY 40223

Name: JAYBIRD SPIRITS CO., LLC Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Address: 10401 LINN STATION ROAD, SUITE 300 LOUISVILLE, KENTUCKY 40223 Correspondent Correspondent TERRY L. WITCHER, PARALEGAL Name: Correspondent MCGUIREWOODS LLP Address: 201 N. TRYON STREET, SUITE 3000 CHARLOTTE, NC 28202 Domestic Representative - Not Found Assignment 7 of 7

Conveyance: NOTICE AND CONFIRMATION OF GRANT OF SECURITY INTEREST IN TRADEMARKS Reel/Frame: 5744/0166 Pages: 44 Date Recorded: Mar. 02, 2016 Supporting assignment-tm-5744-0166.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Mar. 01, 2016 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized:

Name: HERITAGE BRANDS, INC. Execution Date: Mar. 01, 2016 Legal Entity Type: CORPORATION State or Country KENTUCKY Where Organized: Assignee Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Address: 1525 WEST W.T. HARRIS BLVD. MAC D1109-019 CHARLOTTE, NORTH CAROLINA 28262 Correspondent Correspondent TERRY L. WITCHER, PARALEGAL Name: Correspondent MCGUIREWOODS LLP Address: 201 N. TRYON STREET, SUITE 3000 CHARLOTTE, NC 28202 Domestic Representative - Not Found Generated on: This page was generated by TSDR on 2020-10-13 11:05:09 EDT Mark:

US Serial Number: 77024647 Application Filing Oct. 19, 2006 Date: US Registration 3254611 Registration Date: Jun. 26, 2007 Number: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: The registration has been renewed. Status Date: Jul. 14, 2017 Publication Date: Apr. 10, 2007

Mark Information

Mark Literal None Elements: Standard Character No Claim: Mark Drawing 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of eagle in flight over water. Mark: Color(s) Claimed: Color is not claimed as a feature of the mark. Design Search 03.15.01 - Eagles Code(s): 03.15.19 - Birds or bats in flight or with outspread wings 06.03.03 - Ripples (multiple waves); Waves, open sea (multiple waves); Ocean Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: Whisky International 033 - Primary Class U.S Class(es): 047, 049 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Dec. 01, 2001 Use in Commerce: Dec. 01, 2001 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: SAZERAC BRANDS, LLC Owner Address: 10101 Linn Station Rd., Suite 400 Louisville, KENTUCKY UNITED STATES 40223 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Cynthia Johnson Walden Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Cynthia Johnson Walden Name/Address: Fish & Richardson P.C. PO Box 1022 Minneapolis, MINNESOTA UNITED STATES 55440-1022 Phone: 6175425070 Fax: 877-769-7945 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 09, 2018 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888 Oct. 09, 2018 TEAS CHANGE OF OWNER ADDRESS RECEIVED May 31, 2018 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED May 31, 2018 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED Jul. 14, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED Jul. 14, 2017 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 68502 Jul. 14, 2017 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 68502 Jul. 14, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 68502 Jun. 08, 2017 TEAS SECTION 8 & 9 RECEIVED Jun. 26, 2016 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED Mar. 09, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Nov. 25, 2015 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP May 22, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED May 22, 2013 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 69471 May 22, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69471 May 01, 2013 TEAS SECTION 8 & 15 RECEIVED Apr. 23, 2013 TEAS CHANGE OF CORRESPONDENCE RECEIVED Dec. 07, 2011 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY May 20, 2009 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Jun. 26, 2007 REGISTERED-PRINCIPAL REGISTER Apr. 10, 2007 PUBLISHED FOR OPPOSITION Mar. 21, 2007 NOTICE OF PUBLICATION Feb. 23, 2007 LAW OFFICE PUBLICATION REVIEW COMPLETED 77976 Feb. 22, 2007 ASSIGNED TO LIE 77976 Jan. 18, 2007 APPROVED FOR PUB - PRINCIPAL REGISTER Jan. 17, 2007 ASSIGNED TO EXAMINER 81878 Oct. 25, 2006 NOTICE OF DESIGN SEARCH CODE MAILED Oct. 24, 2006 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: Jul. 14, 2017 Assignment Abstract Of Title Information

Summary Total Assignments: 6 Registrant: Sazerac Company, Inc.

Assignment 1 of 6

Conveyance: SECURITY AGREEMENT Reel/Frame: 3988/0971 Pages: 15 Date Recorded: May 13, 2009 Supporting assignment-tm-3988-0971.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Mar. 24, 2009 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized:

Name: BUFFALO TRACE DISTILLERY, INC. Execution Date: Mar. 24, 2009 Legal Entity Type: CORPORATION State or Country KENTUCKY Where Organized: Assignee Name: CAPITAL ONE, NATIONAL ASSOCIATION Legal Entity Type: BANK State or Country UNITED STATES Where Organized: Address: 201 ST. CHARLES AVE., 29TH FLOOR NEW ORLEANS, LOUISIANA 70112 Correspondent Correspondent PHILIP DEV. CLAVERIE, SR. Name: Correspondent C/O PHELPS DUNBAR, L.L.P. Address: 365 CANAL STREET, SUITE 2000 NEW ORLEANS, LOUISIANA 70130 Domestic Representative - Not Found Assignment 2 of 6

Conveyance: SECURITY INTEREST Reel/Frame: 4668/0165 Pages: 79 Date Recorded: Nov. 30, 2011 Supporting assignment-tm-4668-0165.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized:

Name: MAJESTIC DISTILLING COMPANY, INC. Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country MARYLAND Where Organized:

Name: SAZERAC NORTH AMERICA, INC. Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized:

Name: JAYBIRD SPIRITS CO., LLC Execution Date: Nov. 18, 2011 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Assignee Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Address: 1525 WEST W.T. HARRIS BOULEVARD MAC D1109 019 CHARLOTTE, NORTH CAROLINA 28262 Correspondent Correspondent CHRISTIAN BROSE, ESQ./MCGUIREWOODS, LLP Name: Correspondent 201 NORTH TRYON STREET Address: CHARLOTTE, NC 28202 Domestic Representative - Not Found Assignment 3 of 6

Conveyance: TERMINATION OF SECURITY INTEREST (R3988-F0971) Reel/Frame: 4668/0244 Pages: 12 Date Recorded: Nov. 30, 2011 Supporting assignment-tm-4668-0244.pdf Documents: Assignor Name: CAPITAL ONE, NATIONAL ASSOCIATION, AS Execution Date: Nov. 18, 2011 ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country No Place Where Organized Found Where Organized: Assignee Name: SAZERAC COMPANY, INC. Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Address: 3850 NORTH CAUSEWAY BOULEVARD METAIRIE, LOUISIANA 70002

Name: BUFFALO TRACE DISTILLERY, INC. Legal Entity Type: CORPORATION State or Country KENTUCKY Where Organized: Address: 113 GREAT BUFFALO TRACE FRANKFORT, KENTUCKY 40601 Correspondent Correspondent CHRISTIAN BROSE, ESQ./MCGUIREWOODS, LLP Name: Correspondent 201 NORTH TRYON STREET Address: CHARLOTTE, NC 28202 Domestic Representative - Not Found Assignment 4 of 6

Conveyance: NUNC PRO TUNC ASSIGNMENT EFFECTIVE 01/31/2015 Reel/Frame: 5666/0336 Pages: 29 Date Recorded: Nov. 11, 2015 Supporting assignment-tm-5666-0336.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Nov. 09, 2015 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Assignee Name: SAZERAC BRANDS, LLC Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Address: 10400 LINN STATION ROAD, SUITE 300 LOUISVILLE, KENTUCKY 40223 Correspondent Correspondent SUSAN P. CHRISTOFF, ESQ. COOLEY LLP Name: Correspondent 1299 PENNSYLVANIA AVENUE, NW, SUITE 700 Address: WASHINGTON, DC 20004 Domestic Representative - Not Found Assignment 5 of 6

Conveyance: TERMINATION AND RELEASE OF SECURITY INTEREST IN U.S. TRADEMARKS Reel/Frame: 5743/0651 Pages: 76 Date Recorded: Mar. 01, 2016 Supporting assignment-tm-5743-0651.pdf Documents: Assignor Name: WELLS FARGO BANK, NATIONAL Execution Date: Mar. 01, 2016 ASSOCIATION, AS ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Assignee Name: SAZERAC COMPANY, INC. Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized: Address: 3850 NORTH CAUSEWAY BOULEVARD METAIRIE, LOUISIANA 70002

Name: MAJESTIC DISTILLING COMPANY, INC. Legal Entity Type: CORPORATION State or Country MARYLAND Where Organized: Address: 2200 MONUMENTAL AVE. BALTIMORE, MARYLAND 90749

Name: SAZERAC NORTH AMERICA, INC. Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Address: 10401 LINN STATIN ROAD, SUITE 300 LOUISVILLE, KENTUCKY 40223

Name: JAYBIRD SPIRITS CO., LLC Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Address: 10401 LINN STATION ROAD, SUITE 300 LOUISVILLE, KENTUCKY 40223 Correspondent Correspondent TERRY L. WITCHER, PARALEGAL Name: Correspondent MCGUIREWOODS LLP Address: 201 N. TRYON STREET, SUITE 3000 CHARLOTTE, NC 28202 Domestic Representative - Not Found Assignment 6 of 6

Conveyance: NOTICE AND CONFIRMATION OF GRANT OF SECURITY INTEREST IN TRADEMARKS Reel/Frame: 5744/0166 Pages: 44 Date Recorded: Mar. 02, 2016 Supporting assignment-tm-5744-0166.pdf Documents: Assignor Name: SAZERAC COMPANY, INC. Execution Date: Mar. 01, 2016 Legal Entity Type: CORPORATION State or Country LOUISIANA Where Organized:

Name: HERITAGE BRANDS, INC. Execution Date: Mar. 01, 2016 Legal Entity Type: CORPORATION State or Country KENTUCKY Where Organized: Assignee Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT Legal Entity Type: NATIONAL BANKING ASSOCIATION State or Country UNITED STATES Where Organized: Address: 1525 WEST W.T. HARRIS BLVD. MAC D1109-019 CHARLOTTE, NORTH CAROLINA 28262 Correspondent Correspondent TERRY L. WITCHER, PARALEGAL Name: Correspondent MCGUIREWOODS LLP Address: 201 N. TRYON STREET, SUITE 3000 CHARLOTTE, NC 28202 Domestic Representative - Not Found