Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA951709 Filing date: 02/03/2019
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92067406 Party Defendant Rand International Leisure Products, Ltd. now Century Sports, Inc. Correspondence TODD WENGROVSKY Address LAW OFFICES OF TODD WENGROVSKY PLLC 285 SOUTHFIELD RD, BOX 585 CALVERTON, NY 11933 UNITED STATES [email protected] 631-727-3400
Submission Defendant's Notice of Reliance Filer's Name Todd Wengrovsky Filer's email [email protected] Signature /Todd Wengovsky/ Date 02/03/2019 Attachments MPG TTAB First Notice of Reliance.pdf(180443 bytes ) MPG ROSS EXHIBIT A - Mt Pocono Bicycle Specs and Prices.pdf(295015 bytes ) MPG ROSS EXHIBIT B - Mt Jefferson Bicycle Specs.pdf(213192 bytes ) MPG ROSS EXHIBIT C - Central Park Bicycle Specs.pdf(210328 bytes ) MPG ROSS EXHIBIT D - Ross Bicycles 2017.pdf(3619226 bytes ) MPG ROSS EXHIBIT E - Ross Bicycles History.pdf(5652982 bytes ) MPG ROSS EXHIBIT F - Inventory Photos.pdf(278676 bytes ) MPG ROSS EXHIBIT G - Farmers.pdf(848993 bytes ) MPG ROSS EXHIBIT H - Online listing.pdf(172743 bytes ) MPG ROSS EXHIBIT I - Menards.pdf(2073326 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding Number: 92067406
Registration No.: 980887
Mark: ROSS
BOX TTAB Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
REGISTRANT’S FIRST NOTICE OF RELIANCE
1 Pursuant to Rule 2.120, 2.121, 2.122, and 2.123 of the Trademark Rules of Practice and Fed.
R. Evid. 801(d), Registrant Rand International Leisure Products, Ltd., now Century Sports, Inc., hereby gives notice that it intends to rely at trial on the following material evidence, relevant to the issues raised in the pleadings:
EXHIBIT A is the Specification Sheet for Registrant’s ROSS “Mt. Pocono” 18 Speed
Mountain Bike, with product and pricing information.
EXHIBIT B is the Specification Sheet for Registrant’s ROSS “Mt. Jefferson” Bike, with product information.
EXHIBIT C is the Specification Sheet for Registrant’s ROSS “Central Park” Bike, with product information.
EXHIBIT D is a detailed presentation of Registrant’s ROSS product line.
EXHIBIT E is a detailed presentation of Registrant’s ROSS product line, which was provided to Walmart at the end of 2016, for the purposes of example.
EXHIBIT F consists of sample photographs of ROSS brand merchandise in Registrant’s inventory.
EXHIBIT G is a detailed presentation of Registrant’s ROSS product line, which was recently provided to Farmers Home Furniture, for the purposes of example.
EXHIBIT H is a current online listing of a ROSS product by Registrant, for the purposes of example.
EXHIBIT I is a detailed presentation of Registrant’s ROSS product line, which was recently provided to Menard’s, for the purposes of example.
2 Registrant has a current online listing of a ROSS product on eBay, specifically the following: https://www.ebay.com/itm/323388881714.
All of the above documents are relevant because they confirm that Registrant is using the mark ROSS in interstate commerce, and has been doing so for several years.
Dated: Calverton, New York. February 3, 2019 /s/ Todd Wengrovsky Todd Wengrovsky Law Offices of Todd Wengrovsky, PLLC. 285 Southfield Road, Box 585 Calverton, NY 11933 Tel (631) 727-3400 Attorney for Registrant
3 CERTIFICATE OF SERVICE
I hereby certify that on February 3, 2019, a copy of the foregoing Registrant’s First Notice of
Reliance was electronically filed with the United States Patent and Trademark Office and that a copy was served via electronic mail on Petitioner’s attorney of record:
Mark Borghese, Esq. Borghese Legal Ltd. 10161 Park Run Drive, Suite 150 Las Vegas, NV 89145 [email protected]
/s/ Todd Wengrovsky Todd Wengrovsky Law Offices of Todd Wengrovsky, PLLC. 285 Southfield Road, Box 585 Calverton, NY 11933 Tel (631) 727-3400 Attorney for Registrant
4 R O S S Mt Pocono 26” 18 Speed Mountain Bike
SPECIFICATIONS
COMPONENTS DESCRIPTION FRAME Oversized Welded Hi-Tensile Steel 19” X 26” Mountain Bike FORK Ross Suspension HANDLE BAR Mountain Bike Flat Bar, Black ED STEM Welded Mountain Bike, Black ED GRIPS Rubber Mountain Bike CHAIN WHEEL Steel Triple Crankset with Steel Cover, Black ED SHIFTING 18 Speed Derailleurs with Twist Grip Shifting BRAKES Steel Linear Pull V-Brakes PEDALS High Impact Black Thermoplastic TIRES 26” X 2.125” All Black Mountain Tread WHEELS Aluminum Alloy Polished Finish HUBS Steel 3/8” Mountain Axles SEATING Padded Mountain Saddle; Steel Seat Post, Black ED; Quick Release Seat Bolt EXTRAS Rear Kickstand and Resin Water Bottle FOB ELIZABETH, NJ $90.00
Millennium Products Group – 631 357 3778 – Din Frenkel – [email protected]
ROSS MT. JEFFERSON SPECIFICATIONS
Frame Size – 26” MOUNTAIN BIKE (actual frame size 18”) Frame Material –Premium Aluminum/dual water bottle bosses; TIG welded Fork – MODE brand Suspension, 63mm travel Rear Derailleur – Shimano Altus Integrated Shifting System Front Derailleur – Shimano CO51 Shifters – Shimano EF50, Easy Fire Integrated 21 speed Syncro Index Shifters Brake set – Power alloy V Brakes 110 mm with Shimano EF50 levers Crank – 28/38/48 index triple chain wheel alloy crank Cassette – 14- 34 , Syncro shifting Shimano freewheel Rims – High profile CNC 2-tone alloy rims Hubs – Forged alloy Tires – Innova Ross branded tire - 26”X “1.95 Tubes- 26” x 1.95” Flat Stop filled gel protectant Handle Bar – Promax full alloy, 30mm rise Stem – Promax alloy levers, 25 degree Headset – 1 1/8 threadless VP-A71M-ID Saddle – Vader Ross high performance mountain comfort saddle Seat Post – Promax alloy, with quick release seat pin Grips – Shock absorbing downhill firm grip rubber Pedals – Mountain alloy platform Kickstand – Alloy double barrel, adjustable platform Reflectors – US CPSC certified safety reflectors Paint – Prime undercoat/high gloss base, weather protective overcoat
ROSS CENTRAL PARK SPECIFICATIONS
Frame Size – 700c Ross CITY BIKE (actual frame size 18”) Frame Material – Alpha Premium Aluminum, TIG welded Fork – MODE brand Suspension, 50mm travel Rear Derailleur – Shimano Tourney Integrated Shifting System Front Derailleur – Shimano Tourney Integrated Shifters – Shimano EF50, 21 speed Syncro index shifters Brake set – Power alloy V- Brakes 102mm with Shimano EF50 levers Crank – 28/38/44 triple chain wheel alloy crank Cassette - Syncro shifting Shimano freewheel with WRGT (Wide Range Gearing Transmission) Wheels – High profile alloy 700c city rims Hubs – Forged alloy Tires – 700c X 38c Innova Ross branded city tread tire Tubes – 700c with Flat Stop filled gel protectant Handle Bar – FULLY ADJUSTABLE with RVIS (Rider Vibration Isolating System) Stem – Promax alloy “Comfort Multi-Just,” adjustable -5 to 25 degrees Saddle – Vader city high performance, double spring max comfort city saddle Seat Post – Alloy full suspension with alloy quick release collar Grips – Shock absorbing soft comfort grip Pedals – Graphite wide platform Kickstand – Alloy double barrel adjustable platform Reflectors – US CPSC certified Paint -- Prime undercoat with high gloss base and weather protective overcoat
Banners for a Walmart bicycle test program Prototype developed in concert with Shimano and Walmart Prototype developed in concert with Shimano and Walmart Tricycle
Wagon Cruiser 26” Bicycle
Boys’ Designs Tricycle
Wagon Cruiser 26” Bicycle
Girls’ Designs The Ross Central Park is an excellent cruiser. The single speed setup with a rear coaster brake allows you to spend more time on the bike and less time fixing. The large front and rear fenders combined with the chain guard keep you clean when the roads and chain are messy.
Frame/Fork: Steel cruiser frame with rigid steel fork Wheels/Tires: Aluminum rim with 26 X 2.125 inch white wall cruiser tire Drivetrain: Single speed, three piece crank Brakes/Cockpit: Rear coaster brake, four bolt stem, steel cruiser bar, comfort saddle Extras: Fenders, chainguard, kickstand
The Ross Mt St Helens 26" MTB is built on a durable steel hardtail frame and equipped with twist shifters, alloy rims, Shimano Rear Derailleur and 21 speed gearing. The Mt St Helens is ready for all your off and on road adventures. The dependable performance of the front suspension fork will smooth every trail.
Frame/Fork: Steel hardtail frame with Mode G79 suspension fork Wheels/Tires: Aluminum rims with 26 X 1.95 black mountain bike tires Drivetrain: 21 speed with Shimano tourney rear derailleur, twist shifters Brakes/Cockpit: Front and Rear V-Brakes, steel quill stem and steel riser handlebar Extras: Kickstand The ROSS TriFold adult trike is a great option for those looking for a comfortable worry free ride. The low cut frame and parking brake makes for easy mounting and dismounting. Large spring seat provides a comfortable platform for long or short rides. Folding frame makes storage easier.
Frame/Fork: Folding steel frame with steel suspension fork
Wheels/Tires: Aluminum rim with 20 X 1.75 inch white wall Kenda tires
Drivetrain: Single speed, one piece crank
Brakes/Steering: Front V-brake with parking brake, easy adjust steel stem, large comfort saddle
Extras: Front fender, rear basket, parking brake, bell, chainguard
Two is better than one. The ROSS Mount Tandem Hybrid features a suspension fork, front disc brake, 18 speed Shimano drivetrain, aluminum wheels, quick release and seat posts, comfort saddle, twist shifters and smooth tread tires.
Frame/Fork: Steel MTB/Hybrid Frame and Steel Suspension Fork
Wheels/Tires: Aluminum rims with 26 x 2.125 inch whitewall tires
Drivetrain: 18 speed Shimano with 3 piece crank and comfort Nylon platform pedals
Brakes/Steering: Front disc and rear V-Brake brake, alloy quill stem, twist shifters and comfort saddle
Extras: Aluminum quick release seat post clamp
Ross Bicycle Demographics
Ross Bicycles targets to families by appealing to the memories made on a bicycle. The long and storied history of Ross Bicycles ensures that any prospective seller of Ross branded bicycles will have a great head start due to brand recognition.
Ross began making bicycles in the 1945s, and by the late 1960s, Ross manufactured about 1 million bicycles per year. By 1985, it had sold 10 million bicycles under the Ross name, and models included children's bikes, BMX, touring bicycles, cruisers, mountain bikes, racing and road bicycles and stationary exercise bicycles. Many Ross Bicycles are still on the road today, due to their sturdy manufacture.
While a national brand, Ross Bicycles sold on the East Coast as its primary market, with particularly strong showings in New England, New York, New Jersey, Pennsylvania and Florida. There were pockets of strong sales in Alabama, Illinois, Washington, Oregon and California.
Ross Bicycles was the first company to use Shimano componentry on its bicycles. The original Ross Mountain Bike Designer is in the Mountain Bike Hall of Fame, as the Ross Force 1 was the first mass produced mountain bike. Their innovative Ross Indians mountain bike racing team further built the Ross reputation and spread the Ross name far beyond their primary markets.
Baby Boomers and Generation X have different, contrasting ideas as to what Ross Bicycles represent and can be targeted specifically for these predilections:
Ba y Boo ers a relate to Ross Bi y les ade i the USA y re e eri g Ross Barra uda or Ross Apollo hildre ’s ikes ho later rode their first Ross Eurosport or Ross Eurotour adult bicycles. They’ll e a le to relate to Ross i ter s of Cruisers a d Hy rid i y les.
Generation X also grew up with Ross Bicycles. They had their very first bicycle experiences on a Ross Piranha BMX or Bar Hop Freestyle bike. They grew up riding Ross Adventurer Road Bikes or as the very first mountain bike riders on Ross Mt Hood or Mt St Helen. They’ll e perfect customers for Ross Mountain Bikes or Comfort Bikes. They ould also look for the Ross Bi y le ra d for their kids’ BMX i y les. Ross Bicycles has a reputation for quality, reliable bicycles that are reasonably priced.
The Ross Bicycle Story
The company was founded in 1940 as the Ross Galvanizing Works. It was located in Brooklyn, NY near the Brooklyn Navy Yards. During WWII the company had extensive contracts with the U.S. Government to galvanize the bottom of ships. When the war ended, at the suggestion of Sherwood Ross, the company switched to the manufacturing of wheeled goods including bicycles, tricycles, wheel chairs, lawn mowers and roller skates.
The company moved its manufacturing plant to Rockaway Beach in Queens, NY in the 1950s and by the late 50's solely manufactured bikes and trikes and was the 3rd largest domestic producer of bicycles after Schwinn and Huffy. The company moved again in the early 70's to a new facility in Allentown, Pennsylvania. During the two oil crises of the 1970s (1973 & 1979) the company worked around the clock in three shifts and turned out over 1 million bicycles in each of those years.
When Huffy and Murray owned the mass merchant bicycle business, the bicycle dealer business was dominated by Schwinn and Ross Bicycles. Ross dominated sales on the East Coast and Schwinn on the West Coast, with Midwest dominance shared.
Ross introduced their first production MTB, the Mt Hood, during the first Interbike Show in October 1982. Other models included Mt St Helens, Mt Rainier, Shark, Central Park and Apollo. These are all great American legacy model names and most appropriate to be sold at A eri a’s leadi g retailer.
In early 1982 Ross Signature (hand made bike department) was making custom Mountain bikes. Ross was also a leader in competitive mountain biking, fielding the first MTB race team and sponsoring pioneer MTB races.
By 1985, Ross, the industry leader in value price mountain bikes, was selling over 100,000 mountain bikes a year to independent bicycle dealers, called IBD’s. ROSS i y les as purchased by Rand International and the Goldmeier family in 1988. They built upon the name in the IBD market and opened a new domestic factory for thermoplastic bicycles.
Both Rand and Ross were sold in 2007. Then, after a breach of contract, the Ross and Rand names were awarded back to the Goldmeier family. We now seek a licensing partner continue and build upon this great tradition.
ROSS as a disti ti e a d i o ati e pio eer i hildre ’s i y les ROSS was a leader in producing high quality adult bicycles in the USA ROSS was the first and largest mass producer of mountain bikes ROSS even created their own hand made Signature line ROSS was a leading innovator in consumer advertising ROSS was a leading innovator in consumer advertising ROSS was a leading innovator in consumer advertising ROSS’s I dia s Ra i g Tea as a i dustry first ROSS’s as the first Mou tai Bike ra e spo sor i the i dustry The ROSS factory in Allentown, PA Ross, with Rand, developed prototypes in concert with Shimano and Walmart Tricycle
Wagon Cruiser 26” Bicycle
Bicycles and other products can be developed to capitalize on the Ross name Tricycle
Wagon Cruiser 26” Bicycle
Bicycles and other products can be developed to capitalize on the Ross name The Ross Central Park is an excellent cruiser. The single speed setup with a rear coaster brake allows you to spend more time on the bike and less time fixing. The large front and rear fenders combined with the chain guard keep you clean when the roads and chain are messy.
Frame/Fork: Steel cruiser frame with rigid steel fork Wheels/Tires: Aluminum rim with 26 X 2.125 inch white wall cruiser tire Drivetrain: Single speed, three piece crank Brakes/Cockpit: Rear coaster brake, four bolt stem, steel cruiser bar, comfort saddle Extras: Fenders, chainguard, kickstand
Bicycles a e de eloped utilizi g Ross’s ell k o odel a es The Ross Mt St Helens 26" MTB is built on a durable steel hardtail frame and equipped with twist shifters, alloy rims, Shimano Rear Derailleur and 21 speed gearing. The Mt St Helens is ready for all your off and on road adventures. The dependable performance of the front suspension fork will smooth every trail.
Frame/Fork: Steel hardtail frame with Mode G79 suspension fork Wheels/Tires: Aluminum rims with 26 X 1.95 black mountain bike tires Drivetrain: 21 speed with Shimano tourney rear derailleur, twist shifters Brakes/Cockpit: Front and Rear V-Brakes, steel quill stem and steel riser handlebar Extras: Kickstand
Bicycles a e de eloped utilizi g Ross’s ell k o odel a es
R O S S 16” SHARK Boy’s $49.50 COST $79.99 RETAIL R O S S 16” SHARK Girl’s $49.50 COST $79.99 RETAIL R O S S 20” BARRACUDA $54.90 COST -$89.99 RETAIL R O S S 20” GIRLS BARRACUDA $54.90 COST -$89.99 RETAIL R O S S 26” Mt. Pocono Men’s $78.00 COST -$129.99 RETAIL R O S S 26” Mt. Pocono Women’s $78.00 COST -$129.99 RETAIL R O S S 26” Cruiser Women’s Cost $83.00 Retail $139.99 R O S S Container Quantities and Cubes
16"cube 2.1 980 bikes
20" cube.3.4 660 bikes
26" MTB cube 5.1. 380 bikes
26" Cruiser cube 5.5. 360 bikes
The Ross Central Park is an excellent cruiser. The single speed setup with a rear coaster brake allows you to spend more time on the bike and less time fixing. The large front and rear fenders combined with the chain guard keep you clean when the roads and chain are messy.
Frame/Fork: Steel cruiser frame with rigid steel fork Wheels/Tires: Aluminum rim with 26 X 2.125 inch white wall cruiser tire Drivetrain: Single speed, three piece crank Brakes/Cockpit: Rear coaster brake, four bolt stem, steel cruiser bar, comfort saddle Extras: Fenders, chainguard, kickstand
The Ross Mt St Helens 26" MTB is built on a durable steel hardtail frame and equipped with twist shifters, alloy rims, Shimano Rear Derailleur and 21 speed gearing. The Mt St Helens is ready for all your off and on road adventures. The dependable performance of the front suspension fork will smooth every trail.
Frame/Fork: Steel hardtail frame with Mode G79 suspension fork Wheels/Tires: Aluminum rims with 26 X 1.95 black mountain bike tires Drivetrain: 21 speed with Shimano tourney rear derailleur, twist shifters Brakes/Cockpit: Front and Rear V-Brakes, steel quill stem and steel riser handlebar Extras: Kickstand
The ROSS TriFold adult trike is a great option for those looking for a comfortable worry free ride. The low cut frame and parking brake makes for easy mounting and dismounting. Large spring seat provides a comfortable platform for long or short rides. Folding frame makes storage easier.
Frame/Fork: Folding steel frame with steel suspension fork
Wheels/Tires: Aluminum rim with 20 X 1.75 inch white wall Kenda tires
Drivetrain: Single speed, one piece crank
Brakes/Steering: Front V-brake with parking brake, easy adjust steel stem, large comfort saddle
Extras: Front fender, rear basket, parking brake, bell, chainguard
Two is better than one. The ROSS Mount Tandem Hybrid features a suspension fork, front disc brake, 18 speed Shimano drivetrain, aluminum wheels, quick release and seat posts, comfort saddle, twist shifters and smooth tread tires.
Frame/Fork: Steel MTB/Hybrid Frame and Steel Suspension Fork
Wheels/Tires: Aluminum rims with 26 x 2.125 inch whitewall tires
Drivetrain: 18 speed Shimano with 3 piece crank and comfort Nylon platform pedals
Brakes/Steering: Front disc and rear V-Brake brake, alloy quill stem, twist shifters and comfort saddle
Extras: Aluminum quick release seat post clamp