Estta1002437 09/16/2019 in the United States

Home , Angry Birds, Angry Samoans

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1002437 Filing date: 09/16/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91249405 Party Defendant Greenfield Records LLC Correspondence GREENFIELD RECORDS LLC Address 28 HOLLY AVE RUNNEMEDE, NJ 08078 UNITED STATES [email protected] 856-952-6236

Submission Opposition/Response to Motion Filer's Name Ronald Tartaglia Filer's email [email protected] Signature /Ronald Tartaglia/ Date 09/16/2019 Attachments The Angry Hearts - Reply to Opposition Affidavit and Responses to Allega- tions.pdf(168208 bytes ) UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, VA 22313-1451 General Contact Number: 571-272-8500 General Email: [email protected]

September 16th, 2019

Opposition No. 91249405 Serial No. 87877755

GREENFIELD RECORDS LLC 28 HOLLY AVE RUNNEMEDE, NJ 08078 Rovio Entertainment Corporation v. Greenfield Records LLC Christine B. Redfield Redfield IP Professional Corporation 50 Woodside Plaza, No. 107 Redwood City, CA 94061

I Ronald Tartaglia(Greenfield Records LLC), will respond to the Opposition with facts, common sense and examples and also respond to each of the allegations by Christine B.

Redfield (Rovio). I am acting on my own behalf and I apologize for the mistakes I have made and hope that you will overlook them and hear me out to help justice prevail. I would like to start off by saying I am trying to protect my intellectual property, something I created. The amount of inquiries I have gotten from people since I registered word mark The Angry Hearts is staggering. Scammers, who got my info from the

USPTO site. It's like I have been instantly put up on a giant bullseye after registering and it is a bit overwhelming. An Asian company stole my idea and took The Angry

Hearts.com name and is selling it before I even had the chance to get the website myself and now a company from Finland (Rovio) with allegations that is trying to stop me, a citizen of the USA, from using something I created. The evidence I have provided will clearly show I have every right to own and use the word mark I created, just like other currently live Trademarks with ANGRY in their word marks and I respectfully request to throw out the Oppositions and approve my application for Serial No. 87877755.

Response, facts and evidence to the notice of opposition:

PART 1

1. The Angry Hearts is an original idea/musical act, I created with Sarah Alexandra present, as we are both members of the musical act known as, The Angry Hearts.

2. The word ANGRY is an Adjective. It is used to describe a Noun. The word BIRDS which is a noun. Just like the word HEARTS is a noun and completely

100% UN-RELATED to the noun BIRDS. I repeat; The noun Hearts has NO Relation to the noun Birds.

3. The name also is different as it starts with the word "THE". "THE ANGRY HEARTS" is a Musical Act. Angry Birds is known as a child's app/video

game. In which their icon is similar to and sometimes confused with Woody

Woodpecker, which is a

classic red bird and American Icon used in syndicate for decades.

4. Many **MUSICAL ACTS have similar names and operate as separate entities and

businesses alongside each other in the USA and have for decades. I have included over

30 examples of this plus **MUSICALS with similar names to Angry Birds and also

**MOVIES, Shows and Soundtracks with similar names to Angry Birds.

(Sources: www.riaa.com, Ascap.com, BMI.com, Google.com, USPTO.gov, Wikipedia.org)

Based on the number of actual musical acts with similar adjectives and words in their names, and the fact that the noun Hearts in my trademark has no relation to the noun

Birds, their claim is preposterous.

5. There are currently 220 LIVE USPTO trademarks with the word ANGRY that you can search on the Trademark Electronic Search System (TESS) as of 8-19-2019. Angry Vegan, Angry Little Girls, Angry Boys, Angry Whopper, Angry Robot, Angry

Elf, Angry Panda, Angry Dog were all trademarked before Angry Birds 1st trademark in

2010 and are currently live.

The 1st two LIVE Trademark examples Angry Vegan and Angry Little Girls are not only in the same class "Goods and Services IC 009". They list the same items such as

CD's pre recorded phonograph records and other froms of media.

6. Trademarks which include an actual animal and the adjective ANGRY describing that animal in their trademark which are currently LIVE as of 8-19-2019 include:

Angry Frog, Angry Elephant, Angry Bull, Angry Ants, Angry Fish, Angry Shark, Angry

Cat, Angry Centar, Angry Elf, Angry Dolphin, Angry Ass, Angry Toad, Angry Rooster,

Angry Crab, Angry Beaver, Angry Cock, Angry Lobster, Angry Calamari, Angry Horse,

Angry Dragon, Angry Troll, Angryfox, Angry Goat, Angry Oyster, Angry Gorilla,

Angry Minnow, Angry Ape, Angryman Cartoon, The Angry Chimp, Angry Panda,

Angry Dog,

7. There are also many other LIVE USPTO Trademarks with the common adjective

ANGRY in them, that you can search on the Trademark Electronic Search System

(TESS) as of 8-19-2019, including: Angry Butcher, Angry Brown Man, Angry Brown

Boy, Angry Americans, Angry Giant, The Angry Vegan, The Angry Doctor, Angry Dad, Angry Charlie, Angry Swimmer, Angry Chef, Angry Budda, Angry Scotsman, Angry

Drunks, The Angr Ginger, Angry Baby, Angry Redneck, Angry Joe, Angry Irishman,

Angry Mama, Angry Angel, Angry Bitch, Angry Love, Angry Neighbor, Angry Hank's,

Angry Poinsettia, Angry Lemmon, Angry Eggroll, Angry Balls, Angry Voters, Angry

Little Asian Girl, Angry Woman, Angry American, Angry Boys, Angry Whopper, Angry

Hero, Angry Robot, Angry Little Girls.

Response, facts and evidence to the notice of opposition:

PART 2

**Musical Acts have similar names and operate as separate entities and businesses

alongside each other in the USA and have for decades. Here are some examples of

Musical Acts with similar names, that have American record companies which do

business and released their material in the USA and around the World:

(Sources: www.riaa.com, Ascap.com, BMI.com, Google.com, USPTO.gov, Wikipedia.org)

0. **High Flying Birds - (Musical Act formed in 2010 by former Oasis lead guitarist and songwriter Noel Gallagher) vs. Jade Bird formed in 2015. 1. **The Who vs. The Guess Who

(The Who is an English rock band formed in London in 1964. Their classic line-up consisted of lead singer Roger Daltrey, guitarist and singer Pete Townshend, bass guitarist John Entwistle and drummer Keith Moon. They are considered one of the most influential rock bands of the 20th century, selling over 100 million records worldwide.)

(The Guess Who is a Canadian rock band, formed in Winnipeg in 1965. Initially gaining recognition in Canada, the group found international success from the late 1960s through the mid-1970s with many hit singles, including "No Time", "American Woman",

"Laughing", "These Eyes", "Undun" and "Share the Land".)

2. **The Birds vs. The Byrds

(*The Birds - The best known former member of The Birds is Ronnie Wood, who went on to join the Jeff Beck Group, The Creation, Faces and later The Rolling Stones.)

(*The Byrds - were an American rock band formed in Los Angeles, California in

1964.[1] The band underwent multiple lineup changes throughout its existence, with frontman Roger McGuinn remaining the sole consistent member. Their signature blend of clear harmony singing and McGuinn's jangly twelve-string Rickenbacker guitar was "absorbed into the vocabulary of rock" and has continued to be influential.)

3. **Angry Samoans vs The Angry Brians Musical Act 1916, officially changed their name to 'The Angry Brians' on 01/01/15

The Angry Samoans are an American punk rock band from the first wave of American punk 1978- present

4. **Tom Petty & The Heartbreakers vs. The Heartbreakers (Johnny Thunders) vs. Heart vs. Joan Jet and the Blackhearts vs. Steelheart.

5. **Sheryl Crow vs. Counting Crows vs. The Black Crows

6. **Black Sabbath (Goldfathers of Heavy Metal) vs.

Black Flag - (Innovators of the late 70's west coast skate punk scene) vs. The Black Keys vs. Black Rebel Motorcycle Club vs. The Black Dahlia Murder vs. Black Crowes vs. The

Black Angels vs. Black Grape vs. Black Oak Arkansas

7. **The White Stripes vs. White Snake vs. White Zombie vs. Great White vs. Barry

White vs. Jack White vs.White Lion vs. Average White Band

8.**New Riders of the Purple Sage vs Deep Purple

9. **Moody Blues vs. Blues Traveler vs. The Blues Brothers vs. Blue Cheer vs. Climax

Blues Band

10. **Pink Floyd vs Pink, Pink Lady, Ariel Pink, Frijid Pink

11.**Al Green vs Green Day, C Lo Green

12. **Redbone, Red Velvet, Simply Red, Redman 13. **Savoy Brown, James Brown, Bobby Brown, Jackson Browne

14. **Jeff Beck vs. Beck

15. **Fish - Former singer for Marillion vs. Phish - Pho-Zappa Jamband

16. **The Marshmellow Overcoat vs. The Marshmallow Overcoat - one is a psych band from the late 1980's.

17. **The Chocolate Watchband (U.S.) vs. The Chocolate Watch Band (U.K.)

18. **Patti Smith vs. Patty Smyth

19. **Red Hot Chilli Peppers vs. Chilli Willi & the Red Hot Peppers

20. **The Verve vs. The Verve Pipe

21. **Gary Lewis & The Playboys vs. John Fred and his Playboy Band

22. **Saga - The Canadian rock band vs. Saga - The Swedish neo-nazi singer

23. **Fine Young Cannibals, Cannibal Corpse

24. **Poison vs. short-lived all-female metal band Poison Dollys vs. Pretty Poison

25. **Starz (US hard rock band) vs. Stars (Canadian indie band) vs. Stars on 45 (medley cover artists)

26. **Subhumans (Canadian punk band) vs. Subhumans (somewhat larger UK punk band) 27. **DOA (The biggest Canadian punk band) vs. Dead or Alive (British new wave group)

28. **The Fix (early hardcore punk band from Michigan) vs. The Fixx (UK new wave group)

29. **Death (underground African-American proto-punk band) vs. Death (Death metal pioneers)

30. **Crucifix (UK hardcore band) vs. The Cruci****s (US avant-punk group)

31. **Bryan Adams vs. Ryan Adams.

32. **Grizzly Bear vs. Panda Bear vs. Minus The Bear

33. Music for Dead Birds - 2009 released their debut album "And then it rained for seven days" on the Irish independent record label Rusted Rail.

***MUSICALS with similar names:

1. *Headwig and the Angry Inch

2. *The Land of Nod and the Song Birds

3.*Love Birds

4. *The Shoe Bird 5. *Birds of Paradise

****MOVIES, Shows and Soundtracks with similar names:

1. *The Birds 1963(Film Score) Composer Oskar Sala did the Soundtrack(*The Birds was deemed " Culturally, Historically or Aesthetically Significant" by the United States

Library in 2016)

2. *The Birds REMAKE 2014

3. *The Birds 2 - Lands End 1994 Composed by Ron Ramin

4. *Birds of a Feather (commonly abbreviated to BOAF)[1][2] is a British sitcom originally broadcast on BBC One from 16 October 1989 to 24 December 1998, then revived on ITV from 2 anuary 2014. Music Composer: Irving Berlin. It was created by

Laurence Marks and Maurice Gran (Source Wikipedia)

5. *Free Birds is a 2013 American 3D computer-animated comedy film about two turkeys traveling back in time to prevent Thanksgiving.[5] Music by Dominic Lewis. It was produced by Reel FX Creative Studios as its first theatrical fully animated feature film.[6]

Jimmy Hayward directed the film, which he also co-wrote with Scott Mosier, the film's producer.[1] The film stars the voices of Owen Wilson, Woody Harrelson and Amy

Poehler with supporting roles done by George Takei, Colm Meaney, Keith David, and

Dan Fogler.

*****Flappy Bird game "influenced" new Angry Bird game.

Angry Birds released a game called Retry which appears to be more influenced by the addictive gameplay of the now infamous Flappy Bird **Flappy Bird is a mobile game developed by

Vietnamese video game artist and programmer Dong Nguyen. The game was released in

May 2013 but received a sudden rise in popularity in early 2014.

At the end of January 2014, it was the most downloaded free game in the App Store for iOS. Flappy Bird was originally released on May 24, 2013,[14] with support for the iPhone 5. The game was subsequently updated for iOS 7 in September 2013. In January 2014, it topped the Free Apps chart in the US and Chinese App Stores,[15] and later that month topped the same section of the UK App Store where it was touted as "the new Angry Birds".[1] It ended

January as the most downloaded App on the App Store.[16] In August 2014, a revised version of Flappy Bird, called Flappy Birds Family, was released exclusively for the

Amazon Fire TV. Bay Tek Games also released a licensed coin-operated Flappy Bird arcade game. The Android version of Flappy Bird was released to the Google Play store on January 30,

2014.[17] In early 2014, Nguyen said in an interview with The Verge that the game was earning around $50,000 a day in revenue through its in-game advertising.[13]The removal has spawned remakes and parodies of the game,[27] such as Sesame Street's Flappy Bert[31] and Fall Out

Boy's Fall Out Bird.[32] Flappy Bird became one of the most cloned games in Apple's

App Store.[33] At the peak of its popularity, over 60 clones per day[34] were appearing on the App Store, prompting both Google and Apple to begin rejecting games with the word "Flappy" in the name.[35] CNET reviewed seven "Flappy copycats" for iOS two days after the original game's removal, describing the options as "pretty bleak"

In a March 2014 interview with Rolling Stone, Nguyen refused to rule out re-releasing

Flappy Bird, on condition that it would come with a warning to "Take a break".[10] On

March 19, he announced via Twitter that the game will be rereleased onto App Stores, but not anytime soon.[28] On May 15, Nguyen told CNBC's Kelly Evans that the game would return in

August, with multiplayer capability and will be "less addictive".[29]

As Nguyen had promised, August 2014 saw a revised version of Flappy Bird, called

Flappy Birds Family, released exclusively through the Amazon Appstore for the Amazon Fire TV platform.[30] The new version also features new obstacles not in the original as well as an additional multiplayer option.[30]An Easter egg in Android Lollipop (version

5.0/5.1) allows users to play a modified version of Flappy Bird

*Angry Birds developers reveal Flappy Bird-inspired mobile game Retry

By emilygera May 7, 2014, 4:38am EDT Source Rovio (YouTube)

Retry is the next game from developers originally behind the release of Angry Birds; But despite its ties to the Finnish game studio Rovio, the new mobile title appears to be more influenced by the addictive gameplay of the now infamous Flappy Bird.

In Retry, players pilot a plane while performing loop-de-loops to manoeuvre under and around obstacles. The game's description on the App Store emphasizes its difficulty, saying "It's called

Retry for a reason!" Like in Flappy Bird, players can expect to fail at the game repeatedly and will be encouraged to continuously retry from the start.

In early 2014, indie developer Dong Nguyen announced his plans to remove his wildly popular release Flappy Bird from the App Store, stating he no longer wanted attention from the media. The removal of this mobile title resulted in a huge number of spin-offs based on the game.

Response, facts and evidence to the notice of opposition:

PART 3

*Trademarks currently LIVE with the word "ANGRY" in their word marks examples.

The 1st two examples are not only in the same class of Goods and services IC 009. They list the same items such as CD's prereorded phonograph records and other froms of media.

1. **Word Mark ANGRY VEGAN

*Goods and Services IC 009. US 021 023 026 036 038. G & S: Prerecorded phonograph records, audio compact discs, and cassette tapes featuring music. FIRST USE: 20030102.

FIRST USE IN COMMERCE: 20030102 IC 025. US 022 039. G & S: Shirts, Pants, and

Hats. FIRST USE: 20050803. FIRST USE IN COMMERCE: 20050803

Standard Characters Claimed Mark Drawing Code (4) STANDARD CHARACTER

MARK Serial Number 78627183 Filing Date May 10, 2005 Current Basis 1A

Original Filing Basis 1A;1B

Published for Opposition January 31, 2006

Registration Number 3283622

Registration Date August 21, 2007

Owner (REGISTRANT) Kaiser, Jeff INDIVIDUAL UNITED STATES 804 Tyler

Avenue Warrensburg MISSOURI 64093

Type of Mark TRADEMARK

Affidavit Text SECT 8 (6-YR). SECTION 8(10-YR) 20170708.

Renewal 1ST RENEWAL 20170708

Live/Dead Indicator LIVE

2. **Word Mark ANGRY LITTLE GIRLS

*Goods and Services IC 009. US 021 023 026 036 038. G & S: CDs, MOTION

PICTURE FILMS AND VIDEO RECORDINGS FEATURING MUSIC, COMEDIC PERFORMANCES, JOKES, ANIMATED STORIES, ANIMATION, COMEDY, AND

SHORT FICTIONAL FILMS, STORIES AND CARTOONS. FIRST USE: 19980400.

FIRST USE IN COMMERCE: 19980400

IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed matter and publications, namely, comic strips and calendars. FIRST USE: 19980400. FIRST USE IN

COMMERCE:

19980400

IC 025. US 022 039. G & S: CLOTHING, NAMELY, TOPS, BOTTOMS, AND

HEADWEAR. FIRST USE: 20000706. FIRST USE IN COMMERCE: 20000706

Mark Drawing Code (1) TYPED DRAWING

Serial Number 75983256

Filing Date August 30, 1999

Current Basis 1A

Original Filing Basis 1B

Published for Opposition July 2, 2002

Registration Number 2808959

International Registration Number 1048147 Registration Date January 27, 2004

Owner (REGISTRANT) Lee, Lela DBA GORILLA PRODUCTIONS INDIVIDUAL

UNITED STATES 1440 Veteran Avenue Suite 251 Los Angeles CALIFORNIA 90024

(LAST LISTED OWNER) ANGRY LITTLE GIRLS, INC. CORPORATION 12333 1/2

W. Washington Blvd, #163 Los Angeles CALIFORNIA 90066

Assignment Recorded ASSIGNMENT RECORDED

Attorney of Record Jonathan A. Hyman

Type of Mark TRADEMARK

Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20140123.

Renewal 1ST RENEWAL 20140123

Live/Dead Indicator LIVE

3. **Word Mark ANGRYMINER

*Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer software for encryption; Computer software for managing and validating cryptocurrency transactions using blockchain-based smart contracts; Computer software for managing cryptocurrency transactions using blockchain technology; Computer software for use as a cryptocurrency wallet

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 88224242

Filing Date December 11, 2018

Current Basis 44E

Original Filing Basis 44D

Published for Opposition June 11, 2019

Owner (APPLICANT) MULTIMINER LIMITED LIMITED LIABILITY COMPANY

CYPRUS 5 floor, apt. 17 Achaion 35 Nicosia CYPRUS 1101

Priority Date November 28, 2018

Type of Mark TRADEMARK

Live/Dead Indicator LIVE

4. **Word Mark ANGRY CHEF

*Goods and Services IC 009. US 021 023 026 036 038. G & S: A series of electronic publications, namely, books featuring humorous stories and recipes related to dating, personal relationships, separations, divorces and coping. FIRST USE: 20140813. FIRST USE IN

COMMERCE: 20140813

IC 016. US 002 005 022 023 029 037 038 050. G & S: A series of books in the fields of cooking, dating, personal relationships, separations, divorces and coping. FIRST USE:

20140813.

FIRST USE IN COMMERCE: 20140813

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 85260486

Filing Date March 8, 2011

Current Basis 1A

Original Filing Basis 1B

Published for Opposition December 27, 2011 Registration Number 4614092

Registration Date September 30, 2014

Owner (REGISTRANT) Julie Isaacson INDIVIDUAL UNITED STATES 780 Highland

Place Highland Park ILLINOIS 60035

Attorney of Record Gail Podolsky

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CHEF"

APART FROM THE MARK AS SHOWN

Type of Mark TRADEMARK

Live/Dead Indicator LIVE

5. **Word Mark ANGRY LITTLE ASIAN GIRL

*Goods and Services IC 009. US 021 023 026 036 038. G & S: DVDs, digital video discs, digital versatile discs, digital videos featuring television shows, webisodes, animation, animated programs, animated shorts, and cartoons in the field of comedy and social issues. FIRST

USE: 20070411. FIRST USE IN COMMERCE: 20070411 IC 041. US 100 101 107. G & S: Entertainment in the nature of ongoing online television programs in the field of comedy and social issues broadcast over the internet;

Entertainment in the nature of on-going webisodes and ongoing online television programs in the field of comedy and social issues broadcast over the internet; Entertainment in the nature of animated film shorts, animated cartoon shorts, animated internet television programs, and ongoing online television programs in the field of comedy and social issues broadcast over the internet;

Entertainment services, namely, providing on-going animated film shorts, animated cartoon shorts, animated internet television programs in the field of comedy and social issues via a global computer network;

Entertainment services in the nature of non-downloadable videos and images featuring animated film shorts, animated cartoon shorts, animated internet television programs, and animated cartoons transmitted via the Internet and wireless communication networks. FIRST USE:

20090708. FIRST USE IN COMMERCE: 20090708

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK Serial Number 85702619

Filing Date August 13, 2012

Current Basis 1A

Original Filing Basis 1B

Published for Opposition July 16, 2013

Registration Number 4538599

International Registration Number 1183433

Registration Date May 27, 2014

Owner (REGISTRANT) ANGRY LITTLE GIRLS, INC. CORPORATION

CALIFORNIA 12333 1/2 W. Washington Blvd, #163 Los Angeles CALIFORNIA 90066

Attorney of Record Jonathan A. Hyman

Prior Registrations 2570641;2795136;2808959;AND OTHERS

Type of Mark TRADEMARK. SERVICE MARK

Live/Dead Indicator LIVE

6. **Word Mark ANGRY DESI

*Goods and Services IC 009. US 021 023 026 036 038. G & S: Video game software, for mobile phones, personal computers, hand held computers, consoles, tablets;

Electronic game programs; Downloadable electronic game programs; electronic game software; Computer game programs; Downloadable computer game programs; Interactive game programs;

Interactive game software; Computer programs for using the Internet and the worldwide web;

Computer application software for mobile phones, personal computers, hand held computers, video game consoles for use with an external display screen or monitor, computer tablets, namely, software for database management in the field social networking, connecting users with information on businesses and events, and organizing information. FIRST USE: 20060209. FIRST USE

IN COMMERCE: 20060209

Standard Characters Claimed

Mark Drawing Code (4) STANDARD CHARACTER MARK

Serial Number 85333054

Filing Date May 28, 2011 Current Basis 1A

Original Filing Basis 1A

Published for Opposition November 8, 2011

Registration Number 4434587

Registration Date November 19, 2013

Owner (REGISTRANT) Singh, Alvil INDIVIDUAL UNITED STATES P.O. Box 173

Lincolnshire ILLINOIS 60069

Type of Mark TRADEMARK

Other Data The name "DESI" does not identify a living individual.

Live/Dead Indicator LIVE

7. *Word Mark ANGRY DOG

Goods and Services IC 025. US 039. G & S: clothing; namely, T-shirts and hats. FIRST

USE: 19900831. FIRST USE IN COMMERCE: 19900831

Mark Drawing Code (1) TYPED DRAWING

Serial Number 74200186 Filing Date September 3, 1991

Current Basis 1A

Original Filing Basis 1A

Published for Opposition May 12, 1992

Registration Number 1705123

Registration Date August 4, 1992

Owner (REGISTRANT) Kirkwood Capital, Inc. CORPORATION TEXAS 2800 Bank

One Center 1717 Main Street Dallas TEXAS 75201

(LAST LISTED OWNER) Commerce Holdings, Inc. CORPORATION TEXAS Suite

4110 901 Main Street Dallas TEXAS 75202

Assignment Recorded ASSIGNMENT RECORDED

Type of Mark TRADEMARK

Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20120730.

Renewal 2ND RENEWAL 20120730

Live/Dead Indicator LIVE

ALLEGATION RESPONSES:

These are my responses to the 31 allegations in the notice of opposition sent by Christine B.

Redfield on behalf of ("Rovio")

1. I am not that familiar with the Angry Birds as I'm not an avid video game player but I do not disagree at this time.

2. Ok on the date, but the word "Angry" is an adjective which has been used, trademarked and is still in use in "Goods and Services IC 009" since 1999 in the Word Mark "Angry Little Girls" and

2005 in the Word Mark "Angry Vegan". The word "Angry" is a commonly used adjective and there is nothing distinctive about it. A fun fact is that Woody Woodpecker has been around since 1940 and is an American icon and "Angry Birds" character looks very similar and confusing.

1st glance I think the "Angry Birds" cartoon logo is Woody Woodpecker. This kind of disregard of the few examples I have given (there are many more) from a Trademark coming from Finland is an obvious and a bit prudent towards the intellectual property of US citizens and brazen to say the least.

3. There is no number 3, 4, 5, 6, or 7 allegation. It skips to 8. So I will continue with #8.

8. Ok. I do not currently disagree with that.

9. Ok. I do not currently disagree with that.

10. I disagree with this. There are currently over 200 "LIVE" USPTO Trademarks with the word

ANGRY in it. Including LIVE Trademarks registered in 1999 "Angry Little Girls" and in 2005 "Angry Vegan" in "Goods and Services IC 009". Therefore according to opposition, If anyone is actually violating any Trademark rights with the word ANGRY, then Rovio has not only been violating Trademark rights since they 1st registered "ANGRY BIRDS" in 2009 but are currently Co-Existing with over 200 "LIVE" Trademarks with the word ANGRY in it.

11. I disagree with this.

12. I disagree with this. Though I do have the word Angry in my trademark (as do over 200 other

LIVE Trademarks), the 1st word is NOT a two syllable word but one. THE ANGRY HEARTS is a

Four syllable word mark where the first word is THE as in "THE ANGRY HEARTS" which IS my mark and not what is described in this allegation and does not mimic "Angry Birds" in any way, and any alleged similarities are coincidental as "The Angry Hearts is an original idea/musical act,

I created with Sarah Alexandra present, as we are both members of the musical act known as, "The Angry Hearts". The word ANGRY is an Adjective. It is used to describe a Noun. The word

BIRDS is a noun, just like the word HEARTS is a noun and completely 100% UN-

RELATED to the noun BIRDS. I repeat: The noun Hearts has NO Relation to the noun Birds. The name "The Angry Hearts" is also different as it starts with the word "The". "The Angry Hearts" is a musical act. "Angry Birds" is known as a children's cell phone app video game.

13. That is a ridiculous allegation as there are many musical acts with very similar names that

Co-exist in the music world and operate as separate entities and businesses, selling the exact same goods in class 009, alongside each other in the USA and have for decades. Ex: *"High Flying

Birds" (Musical Act formed in 2010 by former Oasis lead guitarist and songwriter Noel Gallagher)

Ex: *"Jade Bird" (musical act formed in 2015.) Ex: *"The Birds" - (The best known former member of The Birds is Ronnie Wood, who went on to join the Jeff Beck Group, The Creation,

Faces and later The Rolling Stones.) Ex: *"The Byrds" (were an American rock band formed in

Los Angeles, California in 1964.[1] The band underwent multiple lineup changes throughout its existence, with frontman Roger McGuinn remaining the sole consistent member.

Their signature blend of clear harmony singing and McGuinn's jangly twelve-string

Rickenbacker guitar was "absorbed into the vocabulary of rock" and has continued to be influential.)

14. I agree Angry Birds is a known video app game. I disagree that anyone would associate "The

Angry Hearts" (A Musical Act) with Angry Birds (known for a video game.)

15. I disagree.

16. I disagree and if Rovio actually believe that, they should take a good long look at their morals, because they would be guilty of that when they first registered their trademark as word marks with the word ANGRY in them are LIVE and have been registered before Angry Birds.

17. I Disagree, that allegation is a stretching of the imagination. It is almost amusing how Angry

Birds be so hypocritical when they, diluted by tarnishment and put out a product that seems to be highly influenced by a similar game called "Flappy Bird".

*Angry Birds developers reveal Flappy Bird-inspired mobile game Retry

(By emilygera May 7, 2014, 4:38am EDT Source Rovio (YouTube)

In Retry, players pilot a plane while performing loop-de-loops to manoeuvre under and around obstacles. The game's description on the App Store emphasizes its difficulty, saying "It's called

Retry for a reason!" Like in Flappy Bird, players can expect to fail at the game repeatedly and will be encouraged to continuously retry from the start.

18. Ok, I agree Angry Birds was registered before "THE Angry Hearts", but It is irrelevant as they are different names. There are several trademarks with the word ANGRY in it which predate

Angry Birds 1st Trademark.*Angry Vegan, Angry Little Girls, Angry Boys, Angry Whopper, Angry

Robot, Angry Elf, Angry Panda, and Angry Dog were all trademarked before Angry Birds 1st trademark in 2010 and are currently live.

19. I disagree. I also think it is a ridiculous notion as there are over 200 LIVE USPTO Trademarks

With the word ANGRY that you can search on the Trademark Electronic Search System (TESS) as of 8-19-2019.

20. I do not disagree..

21. I am unaware of those statistics.

22. I am unaware Angry Birds is a musical act or having release any music in any form, Angry

Birds is known as a phone app video game.

23. Ok, I do not disagree.

24. Ok, I do not disagree.

25. I would not know, I am not a fan or have never played the phone app/video game Angry

Birds.

26. I agree you filed before me as there are many registrants that filed before Angry Birds with

Angry in their word mark. Ex: Currently LIVE Trademarks registered in 1999 "Angry Little Girls" and in 2005 "Angry Vegan" in "Goods and Services IC 009" were filed BEFORE the Angry Birds marks were filed.

27. I disagree. They are not alike and "Angry Birds" is associated with children and a cartoon bird that looks strikingly similar to Woody Woodpecker. "The Angry Hearts" is a musical act. and please note, many musical acts have similar words and even names and operate as separate entities and businesses alongside each other in the USA and the world, (even in Finland) and have for decades without any "blurring, tarnishment, delusion or confusion". Ex: The Who - The

Guess Who. Ex: The Byrds - The Birds - The Yard Birds - High Flying Birds.

Ex: Angry Samoans - The Angry Brians. Ex: Black Sabbath - The Black Crows - The Black Keys -

Black Flag. and there are many many more.

28. I disagree. The names are different and have different meanings. The public is not stupid.

Children are wiz kids on their iPads and a 4 year old can decipher exactly what media they want in a split second without confusion. (If you do not agree, please watch a 4 year old in this year of

2019 work an iPad, it's pretty amazing how even a 4 yr old can zip right through content and get exactly what they want quickly) And any adult or consumer that can read, listen or uses a thinking process can easily decipher between names and the music or brand they are looking for and know they are not associated, let alone between a musical act and a childs phone app/video game which is exactly what the name Angry Birds is "famous" for.

29. I disagree. The word marks and content are different and there are currently over 200 LIVE

USPTO Trademarks With the word ANGRY that you can search on the Trademark Electronic

Search System (TESS) as of 8-19-2019. Marks that were filed BEFORE Angry Birds filed their mark and in the same class of goods. Ex: Currently LIVE Trademarks registered in 1999

"Angry Little Girls" and in 2005 "Angry Vegan" in "Goods and Services IC 009"

30. I disagree. It is completely ridiculous. There is repetition going on here with the allegations so I must repeat. There are currently over 200 LIVE USPTO Trademarks With the word ANGRY that you can search on the Trademark Electronic Search System (TESS) as of 8-19-2019. Marks that were filed BEFORE Angry Birds filed their mark and in the same class of goods. Ex: Currently LIVE Trademarks registered in 1999 "Angry Little Girls" and in 2005 "Angry

Vegan" in "Goods and Services IC 009"

31. I disagree with this. There are currently over 200 "LIVE" USPTO Trademarks with the word

ANGRY in it. Including LIVE Trademarks registered in 1999 "Angry Little Girls" and in 2005 "Angry Vegan" in "Goods and Services IC 009". Therefore, According to the opposition,

If anyone is actually violating any Trademark rights with the word ANGRY, then Rovio has not only been violating Trademark rights since they 1st registered "ANGRY BIRDS" in 2009 but are currently Co-Existing with over 200 "LIVE" Trademarks with the word ANGRY in it. I respectfully request this Opposition be dropped and thrown out and my word mark "The Angry

Hearts" be registered just like the over 200 Live Trademarks with the word "ANGRY" already in their respective word marks.

Sincerely,

Ronald Tartaglia

Greenfield Records LLC

RE: Affidavit of Service

I hereby certify that a true and complete copy of the foregoing answer has been served on Rovio Entertainment Corporation by forwarding said copy on (September 16th, 2019) via email to Christine B. Redfield at [email protected].

Date: September 16, 2019

Signature:

______Ronald Tartaglia Greenfield Records LLC 28 Holly Ave Runnemede, NJ 08078 Tel: (856) 952-6236 [email protected]