Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA983686 Filing date: 06/26/2019
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 Detroit Vs Everybody LLC Granted to Date 06/26/2019 of previous ex- tension Address Hertz Schram PC 1760 S Telegraph Rd #300 Bloomfield Hills, MI 48302 UNITED STATES
Attorney informa- JOSEPH A. BELLANCA tion HERTZ SCHRAM PC 1760 S. TELEGRAPH ROAD SUITE 300 BLOOMFIELD HILLS, MI 48302 UNITED STATES [email protected] 2483555000
Applicant Information
Application No 88129157 Publication date 02/26/2019 Opposition Filing 06/26/2019 Opposition Peri- 06/26/2019 Date od Ends Applicants Jahmal Walker 10061 Riverside Dr #546 Toluca Lake, CA 91602 UNITED STATES
Demi Lobo 14500 Sherman Circle #310 Van Nuys, CA 91405 UNITED STATES
Rachel Cook 10946 Huston St #102 North Hollywood, CA 91601 UNITED STATES Goods/Services Affected by Opposition
Class 041. First Use: 2018/05/01 First Use In Commerce: 2018/05/27 All goods and services in the class are opposed, namely: Entertainment services in the nature ofor- ganizing social entertainment events Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition
U.S. Registration 4453704 Application Date 01/20/2013 No. Registration Date 12/24/2013 Foreign Priority NONE Date Word Mark VS EVERYBODY Design Mark
Description of NONE Mark Goods/Services Class 025. First use: First Use: 2012/07/26 First Use In Commerce: 2012/07/26 Wearable garments and clothing, namely,shirts
U.S. Registration 5425760 Application Date 10/29/2015 No. Registration Date 03/20/2018 Foreign Priority NONE Date Word Mark VS EVERYBODY Design Mark
Description of NONE Mark Goods/Services Class 025. First use: First Use: 2012/07/26 First Use In Commerce: 2012/07/26 Clothing, namely, t shirts, sweatshirts, long sleeve t shirts, snapback hats, buck- et hats, winter hats, caps and jackets
U.S. Application 87192927 Application Date 10/04/2016 No. Registration Date NONE Foreign Priority NONE Date Word Mark VS EVERYBODY Design Mark
Description of NONE Mark Goods/Services Class 035. First use: First Use: 2012/07/26 First Use In Commerce: 2016/08/30 Promoting a variety of live entertainment events for others and merchandise re- lated thereto; retail store services featuring artist and tour-related merchandise and collectibles
U.S. Application 88353012 Application Date 03/22/2019 No. Registration Date NONE Foreign Priority NONE Date Word Mark VS EVERYBODY Design Mark
Description of NONE Mark Goods/Services Class 014. First use: First Use: 0 First Use In Commerce: 0 Clocks; Jewelry; Key chains; Rubber or silicone wristbands in the nature of a bracelet; Watches; Jewelry, namely, dog tags for wear by humans for decorative purposes Class 016. First use: First Use: 0 First Use In Commerce: 0 Chalk; Folders; Markers; Notebook paper; Notebooks; Paintings; Pencils; Pens; Photograph albums; Photograph stands; Photographic prints; Photographs; Posters; Stationery; Stickers; Wrapping paper; Blank journals; Blank writing journals; Collectible trading cards; Customizable journal books; General feature magazines; Paper napkins Class 018. First use: First Use: 0 First Use In Commerce: 0 Attaché cases; Backpacks; Briefcases; Business card cases; Fanny packs; Suitcases; Umbrellas; Wallets; Briefcase-type portfolios; Handbags, purses and wallets Class 020. First use: First Use: 0 First Use In Commerce: 0 Furniture; Mirrors; Picture frames; Pillows; Non-metal dog tags Class 021. First use: First Use: 0 First Use In Commerce: 0 Bottle openers; Combs; Flasks; Glass jars; Hair brushes; Mugs; Paper plates andpaper cups; Piggy banks; Tooth brushes;Toothbrush cases; Toothbrush head covers; Toothbrush holders; Water bottles sold empty; Bath sponges; Beer glasses; Cocktail glasses; Coin banks; Drinking glasses; Drinking glasses, namely, tumblers;Kitchen sponges; Margarita glasses; Martini glasses; Pilsner drinking glasses; Shaving brushes; Shot glasses; Whisky glasses; Wine glasses Class 028. First use: First Use: 0 First Use In Commerce: 0 Balloons; Baseball gloves; Game tables;Gaming equipment, namely, playing cards, chips, gaming tables and gaming cloths; Golf balls; Golf club head cov- ers; Playing cards; Stuffed dolls; Tennis racquets, baseball bats, cricket bats, golf clubs and hockey sticks; Action figure toys; Arcade games; Bath toys; Bil- liard game playing equipment; Board games; Card games; Christmas tree orna- ments and decorations; Controllers for game consoles; Cornhole game boards; Cornhole game sets;Infant toys; Mechanical toys; Musical toys; Party games; Pet toys; Plush toys; Stress relief exercise toys; Stuffed andplush toys; Toy banks Class 032. First use: First Use: 0 First Use In Commerce: 0 Beer; Bottled water; Soda pops; Soda water; Flavored bottled water; Fruit drinks and juices; Malt liquor; Purified bottled drinking water Class 033. First use: First Use: 0 First Use In Commerce: 0 Liquor; Wine; Alcoholic beverages, except beer; Spirits and liqueurs Class 034. First use: First Use: 0 First Use In Commerce: 0 Ashtrays; Lighters for smokers; Matches; Cigarette rolling papers; Cigarette- rolling machines; Electronic cigarettes and oral vaporizers for smokers; Smokers' oral vaporizer refill cartridges sold empty; Tobacco pipes
U.S. Registration 4453491 Application Date 10/26/2012 No. Registration Date 12/24/2013 Foreign Priority NONE Date Word Mark DETROIT VS EVERYBODY Design Mark
Description of NONE Mark Goods/Services Class 025. First use: First Use: 2012/07/26 First Use In Commerce: 2012/07/26 Shirts
U.S. Registration 5080322 Application Date 05/08/2015 No. Registration Date 11/15/2016 Foreign Priority NONE Date Word Mark VS ERRRBODY Design Mark
Description of NONE Mark Goods/Services Class 025. First use: First Use: 2014/03/13 First Use In Commerce: 2014/03/13 Shirts
U.S. Registration 4831056 Application Date 03/01/2015 No. Registration Date 10/13/2015 Foreign Priority NONE Date Word Mark EVERYBODY VS Design Mark
Description of NONE Mark Goods/Services Class 025. First use: First Use: 2015/03/01 First Use In Commerce: 2015/03/01 Shirts
Attachments 85827750#TMSN.png( bytes ) 86802926#TMSN.png( bytes ) 87192927#TMSN.png( bytes ) 88353012#TMSN.png( bytes ) 85765256#TMSN.png( bytes ) 86624062#TMSN.png( bytes ) 86549729#TMSN.png( bytes ) OPPOSITION- CHICAGO VS EVERYBODY.PDF(21715 bytes )
Signature /Joseph A. Bellanca/ Name JOSEPH A. BELLANCA Date 06/26/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
In the matter of Application Serial No. 88/129,157 Filed on September 24, 2018 For the mark CHICAGO VS EVERYBODY Published in the Official Gazette on February 24, 2019
DETROIT VS EVERYBODY, LLC : Opposer, : : v. : Opposition No. : DEMI LOBO, RACHEL COOK, and : JAHMAL WALKER, : Applicants, :
NOTICE OF OPPOSITION
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
Dear Sir or Madam:
Detroit Vs Everybody, LLC (“DVE”), a Michigan limited liability company, located and doing business at 2501 Russell Street, Detroit, Michigan 48207, believes it will be damaged by registration of the mark show in Application Serial No. 88/129,157 filed September 24, 2018 by
Demi Lobo, Rachel Cook, and Jahmal Walker (collectively, “Applicants”), and hereby opposes the same pursuant to the provisions of 15 U.S.C. §1052(d) and 1063.
As for grounds for opposition, it is alleged:
1. Opposer DVE is one of the nation’s most innovative apparel, lifestyle, and event promotion companies. With respect to apparel and lifestyle goods and services, DVE specializes in the design, creation, production, distribution, marketing, advertising, and sale of uniquely designed and creatively marketed clothing and accessories. DVE’s goods in this connection include shirts, sweatshirts, pants, hats, jackets, backpacks, and other related goods. DVE has been a leader in the apparel industries, respectively, for many years.
{H0675358.1} 2. Opposer DVE is also a premier national promoter of live events for others and merchandise related thereto, specializing in the promotion of high profile and community-based events such as concerts, sporting events, seminars, speaking engagements and festivals. DVE has been a leader in the event promotion industry for many years.
3. In July 2012, DVE introduced its VS EVERYBODY mark as used in connection with its apparel and lifestyle brand, which featured and continues to feature clothing and accessories bearing phrases and rally cries created to motivate and inspire individuals, corporations, educational institutions, municipalities, and others who have been negatively impacted by events in their lives and careers, many of whom suffered incredible loss during or in connection with the economic catastrophe of the Great Recession throughout the United States.
Since July 2012, DVE has consistently and prominently used the VS EVERYBODY marks in connection with its apparel offered and sold to consumers.
4. Further, in July 2012, DVE introduced its VS EVERYBODY promotional services in connection with which DVE marketed and promoted a variety of live entertainment events for others and merchandise related thereto, along with retail store services featuring artist and tour- related merchandise and collectibles. These services have been rendered to and for Bad Boy
Records, the international performing and recording artist known as Logic, and other brands domestically and worldwide. Since July 2012, DVE has consistently and prominently used its VS
EVERYBODY mark in connection with its promotional services offered and rendered to third parties.
5. In July 2012, and in connection with its VS EVERYBODY mark, DVE introduced its DETROIT VS EVERYBODY mark as used in connection with apparel and accessories. Since
July 2012, DVE has consistently and prominently used the DETROIT VS EVERYBODY mark in connection with its apparel offered and sold to consumers.
{H0675358.1} 2 6. In addition to its VS EVERYBODY and DETROIT VS EVERYBODY marks, and as a result of the quality of goods offered in connection with each of the foregoing, DVE introduced its VS ERRRBODY and EVERYBODY VS marks, each as used in connection with apparel and other related International Class 25 goods, in March 2014 and March 2015, respectively. DVE has consistently and prominently used its VS ERRRBODY and EVERYBODY VS marks in connection with its apparel offered and sold to consumers since March 2014 and March 2015, respectively.
7. DVE’s use of its VS EVERYBODY and DETROIT VS EVERYBODY marks has been valid and continuous since July 2012 and have not been abandoned.
8. DVE’s use of its VS ERRBODY mark has been valid and continuous since March
2014 and has not been abandoned.
9. DVE’s use of its EVERYBODY VS mark has been valid and continuous since
March 2015 and has not been abandoned.
10. The VS EVERYBODY mark (as used in connection with goods and services in
International Classes 25 and 35), DETROIT VS EVERYBODY, VS ERRRBODY, and
EVERYBODY VS marks (collectively, the “VS EVERYBODY Marks”), by virtue of substantial use, have acquired great value as an indicator of DVE and DVE’s goods and services, and distinguishes them from the goods and services of others.
11. DVE has invested substantial amounts of time, effort, resources, and funds in developing goodwill in the VS EVERYBODY Marks throughout the United States and worldwide.
In addition to those set forth in this Notice of Opposition, such efforts include, without limitation,
DVE’s involvement in and license of the VS EVERYBODY Mark in and in connection with the musical composition and master recording thereof titled “Detroit Vs Everybody” featuring the performances of highly regarded internationally touring and recording artists Eminem, Big Sean,
{H0675358.1} 3 Royce da 5’9, Danny Brown, Dej Loaf, and Trick Trick, the music video for which has amassed at least 50,511,642 as of the date hereof and can be found at https://youtu.be/hCdgDxQbW_U .
12. By virtue of DVE’s widespread and continuous use of the VS EVERYBODY
Marks, DVE has extensive, non-registered statutory and common law rights in and to the VS
EVERYBODY Marks. DVE’s common law rights precede the date of the Application and, upon information and belief, any priority date on which Applicant may reply.
13. In addition to its substantial common law rights in its VS EVERYBODY Marks,
DVE is the sole and exclusive owner of U.S. Registration Nos. 4,453,704 and 5,425,760 for VS
EVERYBODY as used in connection with International Class 25 goods of “wearable garments and clothing, namely, shirts” and “clothing, namely, t-shirts, sweatshirts, long sleeve t shirts, snapback hats, bucket hats, winter hats, caps, and jackets,” respectively; and U.S. Registration No.
4,453,491 for DETROIT VS EVERYBODY, U.S. Registration No. 5,080,322 for VS
ERRRBODY, and U.S. Registration No. 4,831,056 for EVERYBODY VS, each and all as used in connection with clothing and other International Class 25 goods. All of the aforementioned U.S.
Registrations are collectively referred to herein as the “VS EVERYBODY Registrations.”
14. In addition to its substantial common law rights in its VS EVERYBODY Marks and VS EVERYBODY Registrations, DVE is the owner of pending U.S. Application Serial No.
87/192,927 for the mark VS EVERYBODY as used in connection with “promoting a variety of live entertainment events for others and merchandise related thereto, and retail store services featuring artist and tour-related merchandise collectibles” in International Class 35.
15. Further, and in addition to the foregoing, DVE is the owner of pending U.S.
Application Serial No. 88/353,012 for the mark VS EVERYBODY as filed on March 22, 2019, action on which is suspended pending registration or abandonment of the Application.
16. On September 24, 2018, Applicants filed an application to register the mark
CHICAGO VS EVERYBODY and allegedly provides services of “entertainment services in the
{H0675358.1} 4 nature of organizing social entertainment events” in International Class 41, which was designated
Application Serial No. 88/129,157 (the “Application”).
17. Applicant’s CHICAGO VS EVERYBODY mark wholly encompasses and so
resembles DVE’s VS EVERYBODY Marks as to be likely, when used in connection with
Applicant’s intended services, to cause confusion, to cause mistake, or to deceive. Consumers and
prospective consumers are likely to mistakenly believe that the services Applicant allegedly
provides under the CHICAGO VS EVERYBODY designation are rendered, sponsored, endorsed, or approved by DVE, or are in some way affiliated, connected, or associated with DVE, all to the detriment of DVE.
18. Applicant has no license, consent, or permission from DVE to use or register the
CHICAGO VS EVERYBODY mark.
19. Applicant’s alleged date of first use of May 27, 2018 falls significantly after DVE’s date of first use of VS EVERYBODY in connection with its International Class 25 goods and
International Class 35 services.
20. Applicant’s alleged services of “entertainment services in the nature of organizing social entertainment events” are the same as or similar to DVE’s services of “promoting a variety of live entertainment events for others and merchandise related thereto, and retail store services featuring artist and tour-related merchandise collectibles.”
21. Applicant’s alleged services of “entertainment services in the nature of organizing social entertainment events” and DVE’s services of “promoting a variety of live entertainment events for others and merchandise related thereto, and retail store services featuring artist and tour- related merchandise collectibles” are marketed, promoted, offered for sale, and sold to the same consumers.
{H0675358.1} 5 22. Registration of Applicant’s CHICAGO VS EVERYBODY mark would be a further source of damage to DVE because it would confer upon Applicant various statutory presumptions to which it is not entitled in view of DVE’s prior adoption, use, and registration of its marks.
23. As a result of the foregoing, registration of Applicant’s proposed mark should be refused under 15 U.S.C. §1052(d) and 1063.
WHEREFORE, pursuant to 15 U.S.C. §1052(d) and 1063, Opposer Detroit Vs Everybody
LLC respectfully requests that its Notice of Opposition be sustained and that the registration if the mark shown in Application Serial No. 88/129,157 be refused.
Respectfully Submitted, HERTZ SCHRAM PC
__/s/ Joseph A. Bellanca______Joseph A. Bellanca (P71649) 1760 S. Telegraph Road, Suite 300 Bloomfield Hills, MI 48302 (248) 335-5000 Attorney for Opposer, Detroit Vs Everybody, LLC
Dated: June 26, 2019
{H0675358.1} 6 CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
NOTICE OF OPPOSITION was served upon Applicants this June 26, 2019 by email and further depositing a copy thereof in the United States Mail, First Class postage prepaid, to:
Demi Lobo 14500 Sherman Circle, #310 Van Nuys, CA 91405 [email protected]
Rachel Cook 10946 Huston Street, # 102 North Hollywood, CA 91601 [email protected]
Jahmal Walker 10061 Riverside Drive #546 Toluca Lake, CA 91602 [email protected]
_/s/ Joseph A. Bellanca ___ Joseph A. Bellanca Attorney for Opposer Detroit Vs Everybody, LLC
Dated: June 26, 2019
{H0675358.1} 7