Estta1103027 12/19/2020 in the United States
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1103027 Filing date: 12/19/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92067079 Party Defendant Puma SE Correspondence CHRISTIAN G STAHL Address QUARLES & BRADY LLP 300 N LASALLE STREET, STE 4000 CHICAGO, IL 60654 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], [email protected] 312-715-5000 Submission Defendant's Notice of Reliance Filer's Name Christian G. Stahl Filer's email [email protected], [email protected], [email protected], [email protected] Signature /Christian G. Stahl/ Date 12/19/2020 Attachments 2020-12-19 PUMAs 18th Notice of Reliance.pdf(23956 bytes ) Ex. R-1 - Catwoman_DC Comics.pdf(757225 bytes ) Ex. R-2 - Catwoman _ Batman Wiki _ Fandom.pdf(908803 bytes ) Ex. R-3 - CT Scan v CAT scan_Diffizi.pdf(4258896 bytes ) Ex. R-4 - Cat Scan.pdf(239363 bytes ) Ex. R-5 -Catastrophe Bond_Investipedia.pdf(5108376 bytes ) Ex. R-6 - Catastrophe Bond_Artemis.pdf(1936843 bytes ) Ex. R-7 - World Cat.pdf(5259545 bytes ) Ex. R-8 - Catboat_Wikipedia.pdf(321349 bytes ) Ex. R-9 - Cat Insurance Plans - ASPCA.pdf(4799776 bytes ) Ex. R-10 - Alleycat.org.pdf(628189 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Matter of Registration No. 4,220,096: Registered October 9, 2012 CATERPILLAR INC., Petitioner, v. Cancellation No. 92067079 PUMA SE, Registrant. PUMA SE’S EIGHTEENTH NOTICE OF RELIANCE UPON WEBSITES SHOWING EVIDENCE OF VARIOUS USES OF THE TERM CAT PURSUANT TO 37 C.F.R. § 2.122(e) AND TBMP § 704.08(b) Pursuant to Rule 2.122(e) of the Trademark Rules of Practice and Section 704.08(b) of the Trademark Trial and Appeal Board Manual of Procedure, Registrant PUMA SE hereby submits, makes of record in connection with this cancellation proceeding, and notifies Petitioner Caterpillar Inc., of Registrant’s reliance upon the attached printouts of websites showing evidence of various uses of the term “cat.” These websites are relevant to show how the term “cat” is used in ordinary parlance as well as the nature and extent of the public’s exposure to and perception of the term “cat.” These websites are also relevant to the lack of a likelihood of confusion. True and correct printouts of the following websites are attached hereto as Exhibits R-1 to R-10. Each printout identifies on its face the date on which the document was accessed and printed, as well as the applicable URL identifying the online source of the document. QB\66278973.1 Exhibit No. Description R-1 https://www.dccomics.com/characters/catwoman (accessed and printed on December 19, 2020) R-2 https://batman.fandom.com/wiki/Catwoman_(Dozierverse) (accessed and printed on December 19, 2020) R-3 https://diffzi.com/ct-scan-vs-cat-scan/ (accessed and printed on December 19, 2020) R-4 https://www.foundationforpn.org/what-is-peripheral-neuropathy/evaluation- and-tests/computerized-axial-tomography-scan/ (accessed and printed on December 19, 2020) R-5 https://www.investopedia.com/terms/c/catastrophebond.asp#:~:text=CAT%20 bonds%20are%20a%20type,protected%20by%20the%20bond%E2%80%94oc curs. (accessed and printed on December 19, 2020) R-6 https://www.artemis.bm/library/what-is-a-catastrophe-bond/ (accessed and printed on December 19, 2020) R-7 https://worldcat.com/ (accessed and printed on December 19, 2020) R-8 https://en.wikipedia.org/wiki/Catboat#:~:text=A%20catboat%20is%20a%20sa ilboat,hull%20length%20at%20the%20waterline. (accessed and printed on December 19, 2020) R-9 https://www.aspcapetinsurance.com/cat-insurance/ (accessed and printed on December 19, 2020) R-10 https://www.alleycat.org/ (accessed and printed on December 19, 2020) Dated: December 19, 2020 Respectfully submitted, /Christian G. Stahl/ Christian G. Stahl QUARLES & BRADY LLP 300 N. LaSalle Street, Suite 4000 Chicago, Illinois 60654 Tel: (312) 715-5000 Fax: (312) 632-1916 E-mail: [email protected] Johanna M. Wilbert QUARLES & BRADY LLP 411 East Wisconsin Ave., Suite 2040 Milwaukee, Wisconsin 53202 Tel: (414) 277-5000 Fax: (414) 271-3552 E-mail: [email protected] 2 QB\66278973.1 Otto Hinks QUARLES & BRADY LLP Renaissance One, Two North Central Avenue Phoenix, AZ 85004 Tel: (602) 229-5251 Fax: (602) 229-5690 E-mail: [email protected] Attorneys for Registrant, PUMA SE 3 QB\66278973.1 CERTIFICATE OF SERVICE I hereby certify that a true and complete copy of the foregoing PUMA SE’S EIGHTEENTH NOTICE OF RELIANCE UPON WEBSITES SHOWING EVIDENCE OF VARIOUS USES OF THE TERM CAT PURSUANT TO 37 C.F.R. § 2.122(e) AND TBMP § 704.08(b) has been served on Caterpillar Inc. by forwarding said copy on December 19, 2020, via email to: Naresh Kilaru Christopher P. Foley Laura K. Johnson FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C.DC 20001 Telephone: (202) 408-4000 [email protected] [email protected] [email protected] [email protected] [email protected] Attorneys for Petitioner Caterpillar Inc. By: /Christian G. Stahl/ Christian G. Stahl QUARLES & BRADY LLP 300 N. LaSalle Street, Suite 4000 Chicago, Illinois 60654 Tel: (312) 715-5000 Fax: (312) 632-1916 E-mail: [email protected] Attorney for Registrant PUMA SE 4 QB\66278973.1 EXHIBIT R-1 screenshot-www.dccomics.com-2020.12.19-16_08_11 https://www.dccomics.com/characters/catwoman 19.12.2020 EXHIBIT R-2 12/19/2020 Catwoman | Batman Wiki | Fandom ADVERTISEMENT 7,409 ADD NEW PAGE The Ultimate Guide to the PAGES DkKiht CHARACTERS MOVIES & TV VIDEO GAMES COMICS EXPLORE DISCUSS in: Batman (1960s series) Characters, Batman (1966 Movie) Characters, Batman: Return of the Caped Crusaders Characters, and 2 more SHARE Catwoman VIEW SOURCE LEGAL "Purr-fect." Catwoman ―Catwoman Season 1 and 2 Movie Season 3 Catwoman was an arch-nemesis of Batman. She was a seductive villainess who often stole the heart of the Caped Crusader and always wanted him for her own partner, but her criminal persona always allowed him to see through her seductions and never stopped him from carrying out his criminal apprehending duty. General Information Real name: Unrevealed Aliases: The Princess of Plunder The Queen of Crime Kitanya Irenia Tatanya Kerenska Alisoff (aka Ms. Kitka, disguise) Miss Matthews (disguise) Miss Klutz, dance teacher. (Catwoman arranged dance lessons for Dick Grayson so she could learn more about the layout Recent Wiki Activity of Wayne Manor) Batmobile (Burtonverse) Portrayed by: Julie Newmar (Seasons 1 and 2) Degrassigirl07 Lee Meriwether (Batman: The 16 hours ago Movie) Max Eckhardt Eartha Kitt (Season 3) Degrassigirl07 16 hours ago Appearances: Batman 1960s series Rachel Dawes Batman: The Movie Phantom Stranger • 18 hours ago Batman: Return of the Caped Crusaders Batman: The Animated Series Batman vs. Two-Face Phantom Stranger 18 hours ago Joker (film) Contents Phantom Stranger 18 hours ago 1 Biography 1.1 United Underworld movement 2 Weapons and Equipment 3 Known Associates 4 Known Hideouts 5 Appearances 5.1 Batman 5.1.1 Season 1 5.1.2 Season 2 5.1.3 Season 3 5.2 Films 6 Behind the scenes 7 Trivia 8 Gallery 8.1 Still photos 8.2 Screencaps 9 External links https://batman.fandom.com/wiki/Catwoman_(Dozierverse) 1/13 12/19/2020 Catwoman | Batman Wiki | Fandom FandomShopADVERTISEMENT Fandom IG GalaxyQuest Popular Pages How The Avengers Were Really Assembled Teams Batman Jason Todd Batman Family The Joker Biography Catwoman is one of Gotham City's most prominent villains, ranking near the top with Joker, Penguin and Riddler for the most criminal activity. Dressed in a sleek, black bodysuit with cat ears and a cat medallion around her neck, Catwoman has the appearance and grace of the animal from which she gets her name. Indeed, at times she has been known to meow, and when Batman is close by her voice takes on a distinctive purr. It is easy to see that Catwoman is attracted to Batman in a strong physical way. Whenever they come face to face she tries to coax him to admit his feelings for her, at times attempting to entice him into a more personal encounter. Even attracted to Batman as she is, she cannot abide his crime-fighting behaviour. The fact they are on opposite sides of the law will undoubtedly keep them apart. Her capers are usually related to cats in some way. Whether it be a form of ancient treasure or jewellery in the shape of a cat, cat-gut strings from antique violins, or the legendary treasure of Captain Manx, Catwoman will hatch a scheme which will usually involve trying to rid Gotham City of its caped protectors. Though she is attracted to Batman, she has the sense to realize he is a hindrance in her plans. Batman believes that Catwoman has the nine lives of a cat because during her attempts to try and escape from capture she has fallen into a bottomless pit or off the roof of a waterfront warehouse and survived. She has a pet cat named Hecate who she sometimes takes on her crimes and occasionally even helps her. United Underworld movement In the 1966 Batman movie, she was pretending to be a Russian woman named Ms. Kitka, and teamed up with the other three main criminals: the Joker, the Penguin, and the Riddler, devising a plan to take over the world. Batman Catwoman once threatened the entire world fell in love with Ms.