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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA727179 Filing date: 02/16/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation Notice is hereby given that the following party requests to cancel indicated registration. Petitioner Information Name People Not Mascots, Inc.: Entity Corporation Citizenship U.S.A. Address P.O. Box 361 Oberlin, OH 44074 UNITED STATES Attorney informa- Lisa Mach tion Mach Legal & Consulting Services, LLC 8639 Usher Rd. Olmsted Township, OH 44138 UNITED STATES [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Phone:440-793-5220 Registration Subject to Cancellation Registration No 2569766 Registration date 05/14/2002 Registrant Cleveland Indians Baseball Company Limited Partnership 2401 Ontario Street Cleveland, OH 44115 UNITED STATES Goods/Services Subject to Cancellation Class 016. First Use: 1951/04/00 First Use In Commerce: 1951/04/00 All goods and services in the class are cancelled, namely: PAPER GOODS AND PRINTED MAT- TER, NAMELY,TRADING CARDS, PLAYING CARDS, POSTERS, STICKERS, DECALS, TEMPOR- ARY TATTOOS, BUMPER STICKERS, SCOREBOOKS, SCORECARDS, PRINTED BASEBALL GAME PROGRAMS, MAGAZINES AND BOOKS FEATURING BASEBALL, NOTE PAPER, STA- TIONERY FOLDERS, [ PREPRINTED AGENDA ORGANIZERS, AUTOGRAPH BOOKS, ] [ BOOK COVERS, ] CALENDARS, GREETING CARDS, BANK CHECKS, [ CREDIT CARDS NOT ELEC- TRONICALLY READABLE, ] GIFT WRAPPING PAPER, PAPER GIFT AND PARTY BAGS, PAPER PARTY GOODS, [ PAPER COASTERS, ] PAPER NAPKINS, [ PAPER TABLECLOTHS, ] LITHO- GRAPHS, PAPERWEIGHTS, LETTER OPENERS, PENS, PENCILS, DESK STANDS AND HOLD- ER FOR PENS, PENCILS AND INK, NON-ELECTRIC ERASERS, [ AND UNGRADUATED RULERS ] Grounds for Cancellation Immoral or scandalous matter Trademark Act section 2(a) Disparaging Trademark Act section 2(a) Attachments Petition for Cancellation of Chief Wahoo.pdf(69432 bytes ) ATTACHMENT A.pdf(29192 bytes ) ATTACHMENT B.pdf(30821 bytes ) ATTACHMENT C.pdf(949112 bytes ) ATTACHMENT D.pdf(369392 bytes ) ATTACHMENT E.pdf(238273 bytes ) ATTACHMENT F.pdf(64041 bytes ) 1 Anthony Meness.pdf(188445 bytes ) 2 Shyanne Meness.pdf(192474 bytes ) 3 Feather Shendo.pdf(207180 bytes ) 4 Robert Roche.pdf(249051 bytes ) 5 Sundance.pdf(134233 bytes ) 6 Jeannine Withrow.pdf(189074 bytes ) 7 Rose Roubideaux.pdf(203851 bytes ) 8 Clifford A. Tahsler.pdf(197081 bytes ) 9 Wenonah Gregg.pdf(200631 bytes ) 10 Raymond Moody.pdf(204751 bytes ) 11 Derek J. Withrow.pdf(184512 bytes ) 12 Paul Withrow.pdf(174607 bytes ) 13 O.T. Williams.pdf(146484 bytes ) Certificate of Service The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date. Signature /Lisa Mach/ Name Lisa Mach Date 02/16/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In re Registration No. 2569766 (“Chief Wahoo” image) Registration Date: May 14, 2002; first renewal April 23, 2012 People Not Mascots, Inc.: ) Anthony Meness, ) Shyanne Meness, ) Feather Shendo, ) Robert Roche, ) Sundance, ) Jeannine Withrow, ) Rose Roubideaux, ) Clifford A.Tahsler, ) Wenonah Gregg, ) Raymond Moody, ) Derek Withrow, ) Paul Withrow, ) O.T. Williams ) ) Petitioners, ) Cancellation No. _______________ ) v. ) ) Cleveland Indians Baseball Company LP, ) Cleveland Indians Baseball Company, Inc. ) ) Registrants. ) ) PETITION FOR CANCELLATION Petitioners, PEOPLE NOT MASCOTS, INC., an Ohio corporation for non-profit, created to educate residents in Ohio about how racism is perpetrated in symbols, mascots and icons associated with athletic and sports teams and to advocate against such racism, and comprising of the following, its constituents: ANTHONY MENESS, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, the multiple high school sports teams in his district, the Board 1 Treasurer of People Not Mascots, and an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, an American citizen and an Ohio resident; SHYANNE MENESS, an associate of the Army National Guard, the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, American citizen and an Ohio resident; FEATHER SHENDO, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, an enrolled member of the Winnebago (Ho Chunk) Indian Nation, a federally recognized Native American tribe, and an Ohio resident; ROBERT ROCHE, the Executive Director of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, Board President of People Not Mascots, current member of the American Indian Movement and former Chair of the Cleveland American Indian Movement Autonomous (AIM), a Native American civil rights organization, Indian Child Welfare Act (ICWA) representative, keynote speaker and college lecturer, on-going opponent of the use of the name Cleveland Indians and Chief Wahoo logo by the Cleveland Major League Baseball team, a Chiricahua Apache Indian and resident of Ohio; SUNDANCE, the Executive Director of Cleveland American Indian Movement and People Not Mascots, civil rights activist, a Muskogee Indian and an Ohio resident; JEANNINE WITHROW, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as 2 well as providing services and aid to the Native American population, Board Secretary of People Not Mascots, an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, an American citizen and an Ohio resident; ROSE ROUBIDEAUX, a Sicangu Lakota and enrolled member of the Rosebud Sioux Nation, a federally recognized Native American tribe, an active member of her church, a former resident of Cleveland, Ohio for 36 years, and a North Dakota resident; CLIFFORD A. TAHSLER, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, a former State of Ohio Security Officer, a Blackfoot and Cherokee Indian and an Ohio resident; WENONAH GREGG, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, an Algonquin and Apache Indian, an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, a small business owner, an American citizen and an Ohio resident; RAYMOND MOODY, the Board Treasurer of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, a retired United States Marine and police officer, a Mohawk and Cherokee Indian and an Ohio resident; DEREK WITHROW, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, an American citizen and an Ohio resident; PAUL 3 WITHROW, an associate of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, an enrolled member of the Kitigan_Zibi Nation, a federally recognized Canadian Native American tribe, an American citizen and an Ohio resident; O.T. WILLIAMS, the Board President of the American Indian Education Center (AIEC), a social welfare and educational organization that promotes cultural competency, awareness and traditions, as well as providing services and aid to the Native American population, a retired law enforcement officer, a Cherokee Indian and an Ohio resident, (collectively hereinafter, “Petitioners”), in their capacity as Native American Persons, and those that are enrolled members of federally recognized Native American tribes, believe that they have been, are, and/or will be damaged by U.S. Registration No. 2569766, registered in the name of Cleveland Indians Baseball Company Limited Partnership Cleveland Indians Baseball Company, Inc. (hereinafter “Registrants”), an Ohio limited partnership and Ohio corporation, having a place of business at 2401 Ontario
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