Goods and Services

Home , Boxer shorts

Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov ESTTA Tracking number: ESTTA1133365 Filing date: 05/12/2021

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 SHINESTY, INC. Granted to Date 05/12/2021 of previous extension Address 1990 57TH COURT SUITE A BOULDER, CO 80301 UNITED STATES

Attorney informa- THOMAS J ROMANO tion KOLITCH ROMANO LLP 520 SW YAMHILL STREET SUITE 200 PORTLAND, OR 97204 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected] 503-994-1650

Docket Number SHY416OPP Applicant Information

Application No. 90070382 Publication date 01/12/2021 Opposition Filing 05/12/2021 Opposition Peri- 05/12/2021 Date od Ends Applicant Hammock Dave, LLC 17404 MERIDIAN EAST, SUITE F PMB #186 PUYALLUP, WA 98375 UNITED STATES Goods/Services Affected by Opposition

Class 025. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Bikinis; Coats; Dresses; Footwear; Hats; Headwear; Pants; Pullovers; Sandals; Shoes; Shorts; Skirts; Socks; Sweatshirts; Swimsuits; Tee- shirts; Underwear; Beach shoes; Bottoms as clothing; Caps beingheadwear; Jackets; Tops as clothing; Sun visors being headwear Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition

U.S. Registration 5882183 Application Date 09/04/2018 No. Registration Date 10/15/2019 Foreign Priority NONE Date Word Mark BALL HAMMOCK Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2017/05/12 First Use In Commerce: 2017/05/12 Underwear, shorts, men's swimwear

U.S. Registration 5674234 Application Date 06/08/2018 No. Registration Date 02/12/2019 Foreign Priority NONE Date Word Mark HAMMOCK LIFE CLOTHING Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2014/02/26 First Use In Commerce: 2015/02/01 Beach cover-ups; Beach footwear; Beachwear; Bottoms as clothing; Footwear; Hats; Headwear; Sandals and beach shoes; Swim caps; Swim suits; Swimwear; T-shirts; Tops as clothing; Underwear

U.S. Application 90557504 Application Date 03/03/2021 No. Registration Date NONE Foreign Priority NONE Date Word Mark BALL HAMMOCK Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 2017/05/12 First Use In Commerce: 2017/05/12 Underwear; Boxer briefs; Boxer shorts; Men's underwear Class 035. First use: First Use: 0 First Use In Commerce: 0 On-line retail store services featuringsubscription boxes containing underwearor socks; On-line retail store servicesfeaturing clothing, underwear, men's underwear, boxer briefs, boxer shorts, kimonos, robes, non-medicated lotions for intimate personal hygiene purposes; Wholesale store services featuring clothing, underwear, men's underwear, boxer briefs, boxer shorts, kimonos, robes, non- medicated lotions for intimate personal hygiene purposes; Wholesale store services featuring subscription boxes containing underwear or socks

U.S. Application 90557491 Application Date 03/03/2021 No. Registration Date NONE Foreign Priority NONE Date Word Mark HAMMOCK Design Mark

Description of NONE Mark Goods/Services Class 025. First use: First Use: 0 First Use In Commerce: 0 Blazers; Bralettes; Coats; Dresses; Hats; Headbands; Headwear; Jumpsuits; Ki- monos; Overalls; Pajamas; Pants; Robes; Shirts; Shorts; Skirts; Socks; Sweat- ers; T-shirts; Turtlenecks; Underwear; Athleticshorts; Boxer briefs; Boxer shorts; Clothing, namely, base layers; Fleece tops;Flight suits; Jackets; Long underwear; Men's suits; Men's underwear; Ski suits;Swim wear; Ties as clothing; Wo- men's underwear Class 035. First use: First Use: 0 First Use In Commerce: 0 On-line retail store services featuringsubscription boxes containing underwearor socks; On-line retail store servicesfeaturing clothing, underwear, men's underwear, women's underwear, boxer briefs, boxer shorts, ski suits, sweaters, blazers, overalls, jumpsuits, men's suits, coats, jackets, kimonos, robes, swim wear, hats, headwear, headbands, pants, ties as clothing, flight suits, turtlenecks, shirts, t-shirts, pajamas, base layers, fleece tops, skirts, dresses, socks, bralettes, shorts, athletic shorts, long underwear, sunglasses, fanny packs, face- marks, non-medicated cleansers and lotions for intimate personal hygiene purposes, cologne, bar soap; Wholesale store services featuring clothing, underwear, men's underwear, women's underwear, boxerbriefs, boxer shorts, ski suits, sweaters, blazers, overalls, jumpsuits, men's suits, coats, jackets, kimonos, robes, swim wear, hats, headwear, headbands, pants, ties as clothing, flight suits, turtlenecks, shirts, t-shirts, pajamas, baselayers, fleece tops, skirts, dresses, socks, bralettes, shorts, athletic shorts, long underwear, sunglasses, fanny packs, face marks, non-medicated cleansers and lotions for intimate personal hygienepurposes, cologne, bar soap; Wholesale store services featuring subscription boxes containing underwear or socks

Attachments 88103219#TMSN.png( bytes ) 87954692#TMSN.png( bytes ) 90557504#TMSN.png( bytes ) 90557491#TMSN.png( bytes ) 20210512 Notice of Opposition SHY416OPP.pdf(101382 bytes ) 20210512 Exhibit A SHY416OPP.pdf(5670448 bytes ) 20210512 Exhibit B SHY416OPP.pdf(235479 bytes ) 20210512 Exhibit C SHY416OPP.pdf(136846 bytes )

Signature /Thomas J Romano/ Name Thomas J Romano Date 05/12/2021 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the Matter of Application Serial No. 90/070,382 For the mark: HAMMOCK DAVE Filed: July 23, 2020 Published: January 12, 2021

) Shinesty, Inc., a Delaware corporation, ) ) Opposer, ) Opposition No.______) v. ) ) Hammock Dave, LLC, a Washington ) limited liability company, ) ) Applicant. ) )

NOTICE OF OPPOSITION

Opposer, Shinesty, Inc., a Delaware corporation having its principal place of business at 1990

N 57th Ct Suite A, Boulder, Colorado 80301 (“Opposer” or “Shinesty”), will be damaged by registration of the mark HAMMOCK DAVE as shown in U.S. Trademark Application Serial No.

90/070,382 (“Application”), filed on July 23, 2020 owned by Hammock Dave, LLC (“Applicant”), and hereby opposes registration.

As grounds for opposition, Shinesty alleges as follows.

1. Opposer, Shinesty, markets and sells a very successful and famous line of underwear and clothing.

2. Shinesty offers and sells its underwear and clothing throughout the United States in connection with a family of trademarks consisting in whole or in part, of the word HAMMOCK,

Page 1 – NOTICE OF OPPOSITION KR REF. – SHY416OPP including the marks BALL HAMMOCK and HAMMOCK LIFE CLOTHING (collectively, the

“HAMMOCK Marks”). Since at least prior to the filing date of Applicant’s Application, Shinesty has contiuously used its HAMMOCK Marks in U.S. commerce on or in connection with underwear and clothing, and online retail sale of underwear and clothing. A true and correct copy of a website printout from Shinesty’ U.S. website – https://www.shinesty.com/ – is attached as

Exhibit A, which shows use of the HAMMOCK Marks on or in connection with such goods and services.

3. Shinesty owns United States trademark registrations for its HAMMOCK Marks, including, without limitation, the applications and registrations shown in the table below.

1. Filing Date Reg. No./ Goods/Services Mark 2. Reg. Date Serial No. By International Class (IC) 3. First Use Date BALL RN: 5882183 (Int'l Class: 25) 1. September 4, HAMMOCK SN: 88103219 Underwear, shorts, men's swimwear 2018 2. October 15, 2019 3. May 12, 2017 HAMMOCK RN: 5674234 (Int'l Class: 25) 1. June 8, 2018 LIFE CLOTHING SN: 87954692 Beach cover-ups; Beach footwear; Beachwear; 2. February 12, 2019 Bottoms as clothing; Footwear; Hats; Headwear; 3. February 1, 2015 Sandals and beach shoes; Swim caps; Swim suits; Swimwear; T-shirts; Tops as clothing; Underwear BALL SN: 90557504 (Int'l Class: 25) 1. March 3, 2021 HAMMOCK Underwear; boxer briefs; boxer shorts; men's underwear (Int'l Class: 35) On-line retail store services featuring subscription boxes containing underwear or socks; on-line retail store services featuring clothing, underwear, men's underwear, boxer briefs, boxer shorts, kimonos, robes, non-medicated lotions for intimate personal hygiene purposes; wholesale store services featuring clothing, underwear, men's underwear, boxer briefs, boxer shorts, kimonos, robes, non-medicated lotions for intimate personal hygiene purposes; wholesale store services featuring subscription boxes containing underwear or socks HAMMOCK SN: 90557491 (Int'l Class: 25) 1. March 3, 2021 Blazers; bralettes; coats; dresses; hats; headbands; headwear; jumpsuits; kimonos; overalls; pajamas; pants; robes; shirts; shorts; skirts; socks; sweaters; t- shirts; turtlenecks; underwear; athletic shorts; boxer

Page 2 – NOTICE OF OPPOSITION KR REF. – SHY416OPP 1. Filing Date Reg. No./ Goods/Services Mark 2. Reg. Date Serial No. By International Class (IC) 3. First Use Date briefs; boxer shorts; clothing, namely, base layers; fleece tops; flight suits; jackets; long underwear; men's suits; men's underwear; ski suits; swim wear; ties as clothing; women's underwear (Int'l Class: 35) On-line retail store services featuring subscription boxes containing underwear or socks; on-line retail store services featuring clothing, underwear, men's underwear, women's underwear, boxer briefs, boxer shorts, ski suits, sweaters, blazers, overalls, jumpsuits, men's suits, coats, jackets, kimonos, robes, swim wear, hats, headwear, headbands, pants, ties as clothing, flight suits, turtlenecks, shirts, t-shirts, pajamas, base layers, fleece tops, skirts, dresses, socks, bralettes, shorts, athletic shorts, long underwear, sunglasses, fanny packs, face marks, non-medicated cleansers and lotions for intimate personal hygiene purposes, cologne, bar soap; wholesale store services featuring clothing, underwear, men's underwear, women's underwear, boxer briefs, boxer shorts, ski suits, sweaters, blazers, overalls, jumpsuits, men's suits, coats, jackets, kimonos, robes, swim wear, hats, headwear, headbands, pants, ties as clothing, flight suits, turtlenecks, shirts, t-shirts, pajamas, base layers, fleece tops, skirts, dresses, socks, bralettes, shorts, athletic shorts, long underwear, sunglasses, fanny packs, face marks, non-medicated cleansers and lotions for intimate personal hygiene purposes, cologne, bar soap; wholesale store services featuring subscription boxes containing underwear or socks

True and correct copies of the Registration Certificates and printouts from the online USPTO database showing the current registration or application status for each of the above are attached as Exhibit B.

4. Shinesty’s above registrations constitute prima facie evidence of the validity of the registered marks, the registration thereof, and of Shinesty’s ownership of the registered marks.

Shinesty’s registrations relied on herein constitute nationwide constructive use of the registered

HAMMOCK Marks, conferring the benefit of priority nationwide to Shinesty, at least as early as of the effective filing dates. The effective filing dates of the registered HAMMOCK Marks relied

Page 3 – NOTICE OF OPPOSITION KR REF. – SHY416OPP on herein are all prior to the filing date of the Application.

5. By virtue of Shinesty’s widespread and continuous use of its HAMMOCK Marks, it has established extensive common law rights in those marks in connection with its goods and services, existing since prior to the filing date of Applicant's Application.

6. Through its substantial use and promotion, and at great expense and effort, Shinesty has built up tremendous goodwill in its HAMMOCK Marks as used on or in connection with its goods and services. As a result of these efforts, coupled with the commercial success of its goods and services, the HAMMOCK Marks have become well known and famous in the minds of consumers.

7. Shinesty’s HAMMOCK Marks are symbolic of extensive goodwill and consumer recognition built up by Shinesty through substantial amounts of time and effort in advertising and promotion. Shinesty’ HAMMOCK Marks are very well-known marks in the United States, and

Applicant will gain an unfair advantage from the notoriety of Shinesty’ well-known marks if

Applicant uses or registers a mark with HAMMOCK.

8. Shinesty has not abandoned the HAMMOCK Marks.

9. Notwithstanding Shinesty’ rights in and to its HAMMOCK Marks, Applicant, on

July 23, 2020 filed the Application for registration of the mark HAMMOCK DAVE, for “Bikinis;

Coats; Dresses; Footwear; Hats; Headwear; Pants; Pullovers; Sandals; Shoes; Shorts; Skirts;

Socks; Sweatshirts; Swimsuits; Tee-shirts; Underwear; Beach shoes; Bottoms as clothing; Caps being headwear; Jackets; Tops as clothing; Sun visors being headwear” in International Class 25

(hereinafter referred to as “Applicant’s Goods”):

10. Applicant’s Application was given Serial No. 90/070,382 and published for opposition in the Trademark Official Gazette on January 12, 2021, TM 2968. A true and correct

Page 4 – NOTICE OF OPPOSITION KR REF. – SHY416OPP copy of a printout from the online USPTO database showing the current application status is

attached as Exhibit C.

11. In view of the similar marks and related nature of the goods and services of the

respective parties, Applicant's applied-for mark HAMMOCK DAVE so resembles the

HAMMOCK Marks of Shinesty as to likely cause confusion or to cause mistake or to deceive.

12. As a result of the public’s association of the HAMMOCK Marks with a single source, as well as Shinesty’ prior rights in the HAMMOCK Marks, Applicant’s use and registration of the confusingly similar mark HAMMOCK DAVE for use on or in connection with

Applicant’s Goods is likely to cause confusion, mistake or deception as to the source, origin or affiliation of Applicant’s Goods, in that consumers are likely to be confused that Applicant’s

HAMMOCK DAVE goods originate with or are affiliated with or sponsored by Shinesty, in view of the use of the dominant “HAMMOCK” used in the marks.

13. Applicant’s use and registration of the HAMMOCK DAVE mark is likely to cause confusion, mistake or deceive within the meaning of Section 2(d) of the Trademark Act, 15 U.S.C.

§1052(d).

14. In view of Shinesty’ prior rights in the HAMMOCK Marks, individually and as an overall family of marks, Applicant is not entitled to registration of the mark HAMMOCK

DAVE as shown in Applicant’s Application, pursuant to Section 2(d) of the Trademark Act, 15

U.S.C. §1052(d).

15. Applicant's use and registration of the HAMMOCK DAVE mark interferes with

Shinesty’ use of its HAMMOCK Marks, and use or registration of Applicant's mark will seriously damage Shinesty.

Page 5 – NOTICE OF OPPOSITION KR REF. – SHY416OPP 16. Applicant is not entitled to registration of the mark HAMMOCK DAVE as shown in Applicant’s Application, pursuant to 15 U.S.C. §1063(a).

WHEREFORE, Opposer prays that Applicant's U.S. Trademark Application Serial No. 90/070,382 be refused registration and that this Opposition be sustained in favor of Shinesty.

DATED this 12th day of May, 2021.

Respectfully submitted,

Kolitch Romano LLP

_/Thomas J. Romano/______Thomas J. ROMANO, OSB No. 053661 Kolitch Romano LLP 520 S.W. Yamhill Street, Suite 200 Portland, Oregon 97204 Telephone: (503) 994-1650 Facsimile: (971) 279-4549 Of Attorneys for Opposer

Page 6 – NOTICE OF OPPOSITION KR REF. – SHY416OPP EXHIBIT A

https://www.shinesty.com/ Page 1 of 3 Accessed 5/12/2021 EXHIBIT A

https://www.shinesty.com/ Page 2 of 3 Accessed 5/12/2021 EXHIBIT A

https://www.shinesty.com/ Page 3 of 3 Accessed 5/12/2021 EXHIBIT B

Reg. No. 5,882,183 Shinesty, Inc. (DELAWARE CORPORATION) 1990 57th Court, Unit A Registered Oct. 15, 2019 Boulder, COLORADO 80301 Int. Cl.: 25 CLASS 25: Underwear, shorts, men's swimwear FIRST USE 5-12-2017; IN COMMERCE 5-12-2017 Trademark THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY Principal Register PARTICULAR FONT STYLE, SIZE OR COLOR SER. NO. 88-103,219, FILED 09-04-2018

Page 1 of 11 EXHIBIT B

Generated on: This page was generated by TSDR on 2021-05-12 17:08:53 EDT Mark: BALL HAMMOCK

US Serial Number: 88103219 Application Filing Sep. 04, 2018 Date: US Registration 5882183 Registration Date: Oct. 15, 2019 Number: Filed as TEAS RF: Yes Currently TEAS RF: Yes Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Oct. 15, 2019 Publication Date: Jul. 30, 2019

Mark Information

Mark Literal BALL HAMMOCK Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Goods and Services

Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services.

For: Underwear, shorts, men's swimwear International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: May 12, 2017 Use in Commerce: May 12, 2017 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Shinesty, Inc.

Page 2 of 11 EXHIBIT B

Owner Address: 1990 57th Court, Unit A Boulder, COLORADO UNITED STATES 80301 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Carolyn Juarez Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent CAROLYN JUAREZ Name/Address: NEUGEBOREN O'DOWD PC 1227 SPRUCE ST., STE. 200 BOULDER, COLORADO UNITED STATES 80302 Phone: 720-536-4904 Fax: 7205364910 Correspondent e- [email protected] [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Oct. 15, 2019 REGISTERED-PRINCIPAL REGISTER Jul. 30, 2019 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jul. 30, 2019 PUBLISHED FOR OPPOSITION Jul. 10, 2019 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jun. 21, 2019 APPROVED FOR PUB - PRINCIPAL REGISTER Jun. 20, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 70633 Jun. 20, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 70633 Jun. 19, 2019 ASSIGNED TO LIE 70633 Jun. 13, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED Dec. 17, 2018 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Dec. 17, 2018 NON-FINAL ACTION E-MAILED 6325 Dec. 17, 2018 NON-FINAL ACTION WRITTEN 92565 Dec. 15, 2018 ASSIGNED TO EXAMINER 92565 Sep. 11, 2018 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Sep. 07, 2018 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 15, 2019

Page 3 of 11 EXHIBIT B

Reg. No. 5,674,234 White, Robert (UNITED STATES INDIVIDUAL) 3502 Hampshire Ct Apt 201 Registered Feb. 12, 2019 Palm Harbor, FLORIDA 34685 CLASS 25: Beach cover-ups; Beach footwear; Beachwear; Bottoms as clothing; Footwear; Int. Cl.: 25 Hats; Headwear; Sandals and beach shoes; Swim caps; Swim suits; Swimwear; T-shirts; Tops Trademark as clothing; Underwear FIRST USE 2-26-2014; IN COMMERCE 2-1-2015 Principal Register THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR

No claim is made to the exclusive right to use the following apart from the mark as shown: "CLOTHING"

SER. NO. 87-954,692, FILED 06-08-2018

Page 4 of 11 EXHIBIT B

Generated on: This page was generated by TSDR on 2021-05-12 17:09:09 EDT Mark: HAMMOCK LIFE CLOTHING

US Serial Number: 87954692 Application Filing Jun. 08, 2018 Date: US Registration 5674234 Registration Date: Feb. 12, 2019 Number: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Feb. 12, 2019 Publication Date: Nov. 27, 2018

Mark Information

Mark Literal HAMMOCK LIFE CLOTHING Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "CLOTHING" Goods and Services

For: Beach cover-ups; Beach footwear; Beachwear; Bottoms as clothing; Footwear; Hats; Headwear; Sandals and beach shoes; Swim caps; Swim suits; Swimwear; T-shirts; Tops as clothing; Underwear International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: Feb. 26, 2014 Use in Commerce: Feb. 01, 2015 Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes Filed ITU: No Currently ITU: No Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No

Page 5 of 11 EXHIBIT B

Current Owner(s) Information

Owner Name: WALDEN-HAYS, INC. Owner Address: PO BOX 1514 NEW YORK, NEW YORK UNITED STATES 10276 Legal Entity Type: CORPORATION State or Country NEW YORK Where Organized: Attorney/Correspondence Information

Attorney of Record - None Correspondent Correspondent WHITE, ROBERT Name/Address: 3502 HAMPSHIRE CT APT 201 PALM HARBOR, FLORIDA UNITED STATES 34685 Phone: 727-692-2333 Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number May 05, 2021 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP Feb. 12, 2019 REGISTERED-PRINCIPAL REGISTER Nov. 27, 2018 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Nov. 27, 2018 PUBLISHED FOR OPPOSITION Nov. 07, 2018 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Oct. 15, 2018 ASSIGNED TO LIE 68123 Sep. 26, 2018 APPROVED FOR PUB - PRINCIPAL REGISTER Sep. 26, 2018 EXAMINER'S AMENDMENT ENTERED 88888 Sep. 26, 2018 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Sep. 26, 2018 EXAMINERS AMENDMENT E-MAILED 6328 Sep. 26, 2018 EXAMINERS AMENDMENT -WRITTEN 78449 Sep. 25, 2018 ASSIGNED TO EXAMINER 78449 Jun. 15, 2018 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jun. 12, 2018 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Feb. 12, 2019 Assignment Abstract Of Title Information

Summary Total Assignments: 2 Registrant: White, Robert

Assignment 1 of 2

Conveyance: ASSIGNS THE ENTIRE INTEREST Reel/Frame: 7269/0593 Pages: 2 Date Recorded: Apr. 13, 2021 Supporting No Supporting Documents Available Documents: Assignor Name: WHITE, ROBERT Execution Date: Mar. 25, 2021 Legal Entity Type: INDIVIDUAL Citizenship: UNITED STATES

Page 6 of 11 EXHIBIT B

Assignee Name: WALDEN-HAYS, INC. Legal Entity Type: CORPORATION State or Country NEW YORK Where Organized: Address: PO BOX 1514 NEW YORK, NEW YORK 10276 Correspondent Correspondent THOMAS J. ROMANO Name: Correspondent 520 SW YAMHILL ST., SUITE 200 Address: PORTLAND, OR 97204 Domestic Representative - Not Found Assignment 2 of 2

Conveyance: ASSIGNS THE ENTIRE INTEREST Reel/Frame: 7277/0579 Pages: 2 Date Recorded: May 03, 2021 Supporting No Supporting Documents Available Documents: Assignor Name: WALDEN-HAYS, INC. Execution Date: Apr. 07, 2021 Legal Entity Type: CORPORATION State or Country NEW YORK Where Organized: Assignee Name: SHINESTY, INC. Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Address: 1990 N 57TH CT, SUITE A BOULDER, COLORADO 80301 Correspondent Correspondent THOMAS J. ROMANO Name: Correspondent 520 SW YAMHILL ST., SUITE 200 Address: PORTLAND, OR 97204 Domestic Representative - Not Found

Page 7 of 11 EXHIBIT B

Generated on: This page was generated by TSDR on 2021-05-12 17:09:19 EDT Mark: BALL HAMMOCK

US Serial Number: 90557504 Application Filing Mar. 03, 2021 Date: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark, Service Mark TM5 Common Status LIVE/APPLICATION/Awaiting Examination Descriptor: The trademark application has been accepted by the Office (has met the minimum filing requirements) and has not yet been assigned to an examiner.

Status: New application will be assigned to an examining attorney approximately 3 months after filing date. Status Date: Mar. 06, 2021

Mark Information

Claimed Ownership 5882183 of US Registrations: Goods and Services

For: Underwear; Boxer briefs; Boxer shorts; Men's underwear International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(a) First Use: May 12, 2017 Use in Commerce: May 12, 2017

For: On-line retail store services featuring subscription boxes containing underwear or socks; On-line retail store services featuring clothing, underwear, men's underwear, boxer briefs, boxer shorts, kimonos, robes, non-medicated lotions for intimate personal hygiene purposes; Wholesale store services featuring clothing, underwear, men's underwear, boxer briefs, boxer shorts, kimonos, robes, non- medicated lotions for intimate personal hygiene purposes; Wholesale store services featuring subscription boxes containing underwear or socks International 035 - Primary Class U.S Class(es): 100, 101, 102 Class(es): Class Status: ACTIVE Basis: 1(b) Basis Information (Case Level)

Page 8 of 11 EXHIBIT B

Filed Use: Yes Currently Use: Yes Filed ITU: Yes Currently ITU: Yes Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Shinesty, Inc. Owner Address: 1990 N 57th Ct A Boulder, COLORADO UNITED STATES 80301 Legal Entity Type: CORPORATION State or Country DELAWARE Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Thomas J. Romano Docket Number: SHY402 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent THOMAS J. ROMANO Name/Address: KOLITCH ROMANO LLP 520 SW YAMHILL ST., SUITE 200 PORTLAND, OREGON UNITED STATES 97204 Phone: 503-994-1650 Fax: 971-279-4549 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Mar. 06, 2021 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: NEW APPLICATION PROCESSING Date in Location: Mar. 06, 2021

Page 9 of 11 EXHIBIT B

Generated on: This page was generated by TSDR on 2021-05-12 17:09:35 EDT Mark: HAMMOCK

US Serial Number: 90557491 Application Filing Mar. 03, 2021 Date: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark, Service Mark TM5 Common Status LIVE/APPLICATION/Awaiting Examination Descriptor: The trademark application has been accepted by the Office (has met the minimum filing requirements) and has not yet been assigned to an examiner.

Status: New application will be assigned to an examining attorney approximately 3 months after filing date. Status Date: Mar. 06, 2021

Mark Information

Mark Literal HAMMOCK Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Related Properties Information

Claimed Ownership 5882183 of US Registrations: Goods and Services

For: Blazers; Bralettes; Coats; Dresses; Hats; Headbands; Headwear; Jumpsuits; Kimonos; Overalls; Pajamas; Pants; Robes; Shirts; Shorts; Skirts; Socks; Sweaters; T-shirts; Turtlenecks; Underwear; Athletic shorts; Boxer briefs; Boxer shorts; Clothing, namely, base layers; Fleece tops; Flight suits; Jackets; Long underwear; Men's suits; Men's underwear; Ski suits; Swim wear; Ties as clothing; Women's underwear International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(b)

For: On-line retail store services featuring subscription boxes containing underwear or socks; On-line retail store services featuring clothing, underwear, men's underwear, women's underwear, boxer briefs, boxer shorts, ski suits, sweaters, blazers, overalls, jumpsuits, men's suits, coats, jackets, kimonos, robes, swim wear, hats, headwear, headbands, pants, ties as clothing, flight suits, turtlenecks, shirts, t- shirts, pajamas, base layers, fleece tops, skirts, dresses, socks, bralettes, shorts, athletic shorts, long underwear, sunglasses, fanny packs, face marks, non-medicated cleansers and lotions for intimate personal hygiene purposes, cologne, bar soap; Wholesale store services featuring clothing, underwear, men's underwear, women's underwear, boxer briefs, boxer shorts, ski suits, sweaters, blazers, overalls, jumpsuits, men's suits, coats, jackets, kimonos, robes, swim wear, hats, headwear, headbands, pants, ties as clothing, flight suits, turtlenecks, shirts, t-shirts, pajamas, base layers, fleece tops, skirts, dresses, socks, bralettes, shorts, athletic shorts, long underwear, sunglasses, fanny packs, face marks, non-medicated cleansers and lotions for intimate personal hygiene purposes, cologne, bar soap; Wholesale store services featuring subscription boxes containing underwear or socks International 035 - Primary Class U.S Class(es): 100, 101, 102

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Class(es): Class Status: ACTIVE Basis: 1(b) Basis Information (Case Level)

Filed Use: No Currently Use: No Filed ITU: Yes Currently ITU: Yes Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Attorney of Record Attorney Name: Thomas J. Romano Docket Number: SHY401 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent THOMAS J. ROMANO Name/Address: KOLITCH ROMANO LLP 520 SW YAMHILL ST., SUITE 200 PORTLAND, OREGON UNITED STATES 97204 Phone: 503-994-1650 Fax: 971-279-4549 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Mar. 06, 2021 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information - None File Location Current Location: NEW APPLICATION PROCESSING Date in Location: Mar. 06, 2021

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Generated on: This page was generated by TSDR on 2021-05-12 17:13:08 EDT Mark: HAMMOCK DAVE

US Serial Number: 90070382 Application Filing Jul. 23, 2020 Date: Filed as TEAS Yes Currently TEAS Yes Plus: Plus: Register: Principal Mark Type: Trademark TM5 Common Status LIVE/APPLICATION/Published for Opposition Descriptor: A pending trademark application has been examined by the Office and has been published in a way that provides an opportunity for the public to oppose its registration.

Status: A request for an extension of time to file an opposition has been filed with the Trademark Trial and Appeal Board. For further information, see TTABVUE on the Trademark Trial and Appeal Board web page. Status Date: Feb. 10, 2021 Publication Date: Jan. 12, 2021

Mark Information

Mark Literal HAMMOCK DAVE Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "HAMMOCK" Name Portrait The name(s), portrait(s), and/or signature(s) shown in the mark identifies Dave Smyth, whose consent(s) to register is made of record. Consent: Goods and Services

For: Hammocks International 022 - Primary Class U.S Class(es): 001, 002, 007, 019, 022, 042, 050 Class(es): Class Status: ACTIVE Basis: 1(b)

For: Bikinis; Coats; Dresses; Footwear; Hats; Headwear; Pants; Pullovers; Sandals; Shoes; Shorts; Skirts; Socks; Sweatshirts; Swimsuits; Tee-shirts; Underwear; Beach shoes; Bottoms as clothing; Caps being headwear; Jackets; Tops as clothing; Sun visors being headwear International 025 - Primary Class U.S Class(es): 022, 039 Class(es): Class Status: ACTIVE Basis: 1(b) Basis Information (Case Level)

Filed Use: No Currently Use: No

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Filed ITU: Yes Currently ITU: Yes Filed 44D: No Currently 44E: No Filed 44E: No Currently 66A: No Filed 66A: No Currently No Basis: No Filed No Basis: No Current Owner(s) Information

Owner Name: Hammock Dave, LLC Owner Address: 17404 Meridian East, Suite F PMB #186 Puyallup, WASHINGTON UNITED STATES 98375 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country WASHINGTON Where Organized: Attorney/Correspondence Information

Attorney of Record Attorney Name: Courtney M. Alvarez Docket Number: 1103 Attorney Primary [email protected] Attorney Email Yes Email Address: Authorized: Correspondent Correspondent Courtney M. Alvarez Name/Address: CMA TRADEMARKS, LLC PO BOX 158 VIENNA, VIRGINIA UNITED STATES 22183 Phone: 202-843-0755 Correspondent e- [email protected] Correspondent e- Yes mail: mail Authorized: Domestic Representative - Not Found Prosecution History

Proceeding Date Description Number Feb. 10, 2021 EXTENSION OF TIME TO OPPOSE RECEIVED Jan. 12, 2021 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Jan. 12, 2021 PUBLISHED FOR OPPOSITION Dec. 23, 2020 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Dec. 03, 2020 APPROVED FOR PUB - PRINCIPAL REGISTER Nov. 14, 2020 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Nov. 13, 2020 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Nov. 13, 2020 TEAS RESPONSE TO OFFICE ACTION RECEIVED Nov. 12, 2020 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Nov. 12, 2020 NON-FINAL ACTION E-MAILED 6325 Nov. 12, 2020 NON-FINAL ACTION WRITTEN 82421 Nov. 06, 2020 ASSIGNED TO EXAMINER 82421 Aug. 20, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Jul. 27, 2020 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information

TM Staff Information TM Attorney: LEWIS, SHAILA E Law Office LAW OFFICE 114 Assigned: File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Dec. 04, 2020 Proceedings

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Summary Number of 1 Proceedings:

Type of Proceeding: Extension of Time

Proceeding 90070382 Filing Date: Feb 10, 2021 Number: Status: Extension of Time to Oppose Filed Status Date: Feb 10, 2021 Interlocutory Attorney: Defendant Name: Hammock Dave, LLC Correspondent COURTNEY M. ALVAREZ Address: CMA TRADEMARKS, LLC PO BOX 158 VIENNA VA UNITED STATES , 22183 Correspondent e- [email protected] mail: Associated marks Serial Registration Mark Application Status Number Number HAMMOCK DAVE Request For Extension of Time to File Opposition 90070382 Potential Opposer(s) Name: SHINESTY, INC. Correspondent MICHAEL PAMPALONE Address: DAHAN | PAMPALONE 158 GRAND STREET WHITE PLAINS NY UNITED STATES , 10601 Correspondent e- [email protected] , [email protected] mail: Prosecution History Entry Number History Text Date Due Date 1 FIRST 90-DAY REQUEST TO EXT TIME TO OPPOSE Feb 10, 2021 2 EXT GRANTED Feb 10, 2021

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