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Estta932516 11/01/2018 in the United States Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA932516 Filing date: 11/01/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91216455 Party Defendant Pro Era, LLC Correspondence EVITA KAIGLER Address LAW OFFICES OF EVITA G KAIGLER LLC 1440 DUTCH VALLEY PL NE STE 975 ATLANTA, GA 30324-5377 UNITED STATES [email protected] 404-249-4327 Submission Defendant's Notice of Reliance Filer's Name Evita G. Kaigler Filer's email [email protected] Signature /Evita G. Kaigler/ Date 11/01/2018 Attachments PRO ERA Notice of Reliance Exhibit C.pdf(100937 bytes ) PRO ERA Notice of Reliance Exhibit D.pdf(151628 bytes ) PRO ERA Notice of Reliance- Exhibit E.pdf(122301 bytes ) 1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD NEW ERA CAP CO., INC., ) Opposer, ) Opposition No. ) 91/216,455 V. ) ) Application PRO ERA, LLC, ) Serial No. Applicant. ) 85/711,680 RULE 30(b)(6) DEPOSITION OF JO-VAUGHN VIRGINIE New York, New York March 23, 2016 9:56 a.m. Reported by: JESSICA R. WAACK, RPR, RMR, RDR, CRR, CCRR JOB NO. 43309 2 1 JO-VAUGHN VIRGINIE 2 Wednesday, March 23, 2016 3 9:56 a.m. 4 5 6 RULE 30(b)(6) DEPOSITION OF 7 JO-VAUGHN VIRGINIE, held at the offices of 8 Phillips Lytle, 620 8th Avenue, New York, 9 New York, before Jessica R. Waack, 10 Registered Professional Reporter, 11 Registered Merit Reporter, Registered 12 Diplomate Reporter, Certified Realtime 13 Reporter, California Certified Realtime 14 Reporter, Notary public for the State of 15 New York and licensed in New Jersey. 16 17 18 19 20 21 22 23 24 25 DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 3 1 A P P E A R A N C E S 2 3 FOR OPPOSER: 4 PHILLIPS LYTLE, LLP 5 125 Main Street 6 Buffalo, New York 14203-2887 7 Telephone: 716-847-7078 8 BY: MICHAEL J. BERCHOU, ESQ. 9 [email protected] 10 11 FOR APPLICANT: 12 KAIGLER LAW OFFICES 13 1440 Dutch Valley Pl NE 14 Atlanta, Georgia 30324 15 Telephone: 404-249-4327 16 BY: EVITA G. KAIGLER, ESQ. 17 [email protected] 18 19 ALSO PRESENT: 20 KIMBAH VIRGINIE 21 22 -o0o- 23 24 25 DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 4 1 INDEX TO EXAMINATION 2 WITNESS: JO-VAUGHN VIRGINIE 3 EXAMINATION PAGE 4 BY MR. BERCHOU 7 5 BY MS. KIEGLER 42 6 BY MR. BERCHOU 45 7 8 -o0o- 9 INFORMATION REQUESTED: 10 None 11 12 13 WITNESS INSTRUCTED NOT TO ANSWER: 14 None 15 16 17 18 19 20 21 22 23 24 25 DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 5 1 INDEX TO EXHIBITS 2 WITNESS: JO-VAUGHN VIRGINIE 3 NEW ERA V. PRO ERA 4 Wednesday, March 23, 2016 5 Jessica R. Waack, RDR, CRR, CCRR 6 7 MARKED DESCRIPTION PAGE 8 Exhibit 1 Notice of Deposition 7 9 10 Exhibit 2 List of Items Sold By Pro 11 Era 17 12 13 Exhibit 3 YouTube Printout of Songs By 14 Pro Era 29 15 16 Exhibit 4 Various Pictures With 17 Parental Advisory Warning 30 18 19 Exhibit 5 Email Chain Ending on 20 February 27, 2014, From 21 Domingo 34 22 23 Exhibit 6 Pictures of Hats From Pro 24 Era 37 25 DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 6 1 INDEX TO EXHIBITS 2 WITNESS: JO-VAUGHN VIRGINIE 3 NEW ERA V. PRO ERA 4 Exhibit 7 Pro Era and New Era Deal 5 Memo 39 6 7 Exhibit 8 Documents Produced in 8 Response to Document Request 9 Number One 40 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 7 1 MARCH 23, 2016 9:56 A.M. 2 (Whereupon, Exhibit 1, notice of 3 deposition, marked for 4 identification.) 5 J O - V A U G H N V I R G I N I E 6 called as a witness herein, 7 having been first duly sworn on 8 oath, was examined and testified 9 as follows: 10 EXAMINATION 11 BY MR. BERCHOU: 12 Q. Good morning, Mr. Virginie. My 13 name is Mike Berchou, and I represent New 14 Era Cap, as you probably know. 15 Have you ever given a deposition 16 before? 17 A. No. First time. 18 Q. So I'm sure your attorney has 19 gone over it with you, but, essentially, 20 I'm going to ask you a series of 21 questions, and we're going to need you to 22 give audible answers. 23 The court reporter is taking 24 everything down, so she can't take down a 25 shake or a nod of the head, okay? DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 8 1 A. Right. 2 Q. And if you need a break at any 3 time, just let me know. 4 A. Gotcha. 5 Q. Okay. We marked this as 6 Exhibit 1, and this is the deposition 7 notice that brings us here today. Have 8 you seen that document before? 9 A. This document? 10 Q. Yeah. Did you go over it with 11 your counsel? 12 A. Yes. 13 Q. Okay. And did you review any 14 documents in preparation for your 15 deposition today? 16 A. No, I did not. 17 Q. Your counsel has indicated that 18 you're the owner of Pro Era, LLC, is that 19 correct? 20 A. Yes. 21 Q. And are you the sole owner? 22 A. Yes. 23 Q. No one else has an ownership 24 interest in the LLC? 25 A. Well -- DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 9 1 Q. If you know. 2 A. Yes, yes. 3 Q. I believe your counsel told me 4 that maybe Kimbah -- 5 A. Yeah. 6 Q. -- which is -- 7 A. Which is -- 8 Q. -- some part owner? That's 9 correct? 10 A. Yes, that's correct. 11 Q. Anyone else other than you and 12 Kimbah? 13 A. No. 14 Q. Are you the president of the 15 company? 16 A. Yes. President and CEO, uh-huh. 17 Q. And CEO. Are there any other 18 officers of the company? 19 A. Officers in terms of? 20 Q. Vice president, secretary, 21 treasurer. 22 A. No. 23 Q. Nothing? 24 A. No. 25 Q. Do you fulfill all those -- do DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 10 1 you hold all of those positions? 2 A. Pretty much. Myself and Kimbah. 3 Q. Okay. And how many employees 4 does the company have? 5 A. Right now there is only -- just 6 two. 7 Q. Just the two of you? 8 A. Well, myself, Kim and two 9 others. 10 Q. And who are the other two? 11 A. It is a senior designer that I 12 hired. 13 Q. And what's his name or her name? 14 A. Jared Liner. 15 Q. How do you spell that last name? 16 A. L-I-N-E-R. 17 Q. Okay. And who is the other 18 employee? 19 A. No, it was Jared and Kim. 20 Q. Your attorney had produced 21 something called initial disclosures in 22 this case, and there are a couple of names 23 that are listed there. 24 First of all, what is Cinematic 25 Music Group? DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 11 1 A. Cinematic Music Group is a music 2 label that I am signed to as a recording 3 artist. 4 Q. Okay. And how long have you 5 been with that label? 6 A. Since 2012. 7 Q. And who is Jonathan Shapiro? 8 A. He is the owner of the label and 9 also my manager. 10 Q. Your manager? 11 A. Yes. 12 Q. And when you say he is -- well, 13 let me -- who actually signed? Did you 14 personally sign with Cinematic Music 15 Group, or did Pro Era sign with Cinematic? 16 A. I personally signed with 17 Cinematic Music Group. 18 Q. Okay. In some of the materials 19 I've seen, Pro Era is referred to as a 20 hip-hop collective. 21 A. Right. 22 Q. What does that mean? 23 A. That means Pro Era is exactly 24 what you just stated; a hip-hop 25 collective. A hip-hop collective just DAVID FELDMAN WORLDWIDE, INC. 450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099 12 1 means a collective of individuals who -- 2 it's basically like a group, but it's not 3 a group. 4 Because a group, they do 5 everything together. A collective is a 6 group of individuals, if you will, if you 7 understand, if you're following me. 8 Q. So they're all performing 9 individually? 10 A. Exactly. 11 Q.
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