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Estta925294 09/28/2018 in the United States Patent And Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA925294 Filing date: 09/28/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91223952 Party Plaintiff Sky International AG Correspondence MARK H TIDMAN Address BAKER & HOSTETLER LLP 1050 CONNECTICUT AVENUE NW, SUITE 1100 WASHINGTON, DC 20036-5304 UNITED STATES [email protected], [email protected], [email protected], [email protected], [email protected] 202-861-1500 Submission Other Motions/Papers Filer's Name Jacqueline M. Lesser Filer's email [email protected], [email protected], [email protected], [email protected] Signature /Jacqueline M. Lesser/ Date 09/28/2018 Attachments 91223952_180928_Testimonial Declaration of Jonathan Levy_Redacted.pdf(717422 bytes ) Exhibit A ALLRefer.pdf(955508 bytes ) Exhibit B Sky _ News International.pdf(744312 bytes ) Exhibit C Macrumors Sky ESPN.pdf(529527 bytes ) Exhibit D Sky Press Release US Presidential Coverage.pdf(373410 bytes ) Exhibit E YouTube.pdf(367199 bytes ) Exhibit F YouTube.pdf(452440 bytes ) Exhibit G Sky Zuckerberg Congressional Testimony.pdf(5247940 bytes ) Exhibit H YouTube Hurricane Florence.pdf(333432 bytes ) Exhibit I The Latest News from the UK and Around the World _ Sky News.pdf(725473 bytes ) Exhibit K FB.pdf(784243 bytes ) Exhibit L Twitter.pdf(1243696 bytes ) Exhibit M FB Analytics_Redacted.pdf(234541 bytes ) Exhibit N Twitter Analytics_Redacted.pdf(399134 bytes ) Exhibit O Sky News Washington cameraman Duncan Sharp on shooting with the GH5 - Newssh.pdf(1241180 bytes ) Exhibit P Sky New Emmy Press Release.pdf(356669 bytes ) Exhibit Q Fox News Bug.pdf(254016 bytes ) Exhibit R Sky Sports.pdf(1769125 bytes ) Exhibit S CBS Sky News Weinstein Melissa Thompson.pdf(3110632 bytes ) Exhibit T Sky Youtube Weinstein.pdf(317646 bytes ) Exhibit U The Guardian Sky News 2011.pdf(567927 bytes ) Exhibit V The Guardian Sky News Brexit 2018.pdf(863941 bytes ) Exhibit J Statistics_Redacted.pdf(168853 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD SKY INTERNATIONAL AG, Serial No.: 86/481,934 Opposer, Opposition No. 91223952 v. Mark: SKY CINEMAS SKY CINEMAS LLC, Publication Date: May 26, 2015 Applicant. TESTIMONIAL DECLARATION OF JONATHAN LEVY I, Jonathan Levy, do hereby declare that: 1. I am the Director of Newsgathering and Operations, Sky UK Limited. I am responsible for all of the newsgathering operations for SKY NEWS, including the United States. I have been employed by Sky UK Limited since 2002, and am resident in Sky UK Limited’s London office. I have held my current position since 2011. I make the following statements in support of Sky International AG’s opposition to registration of SKY CINEMAS by Sky Cinemas LLC. All statements made herein are based on my personal knowledge, or records kept by my company as they relate to SKY NEWS in the United States. 2. By way of personal background, I began my career as a news editor and producer for the London office of NBC News, in 1998. Thereafter, I was employed by Sky News in positions of increasing responsibility. In 2002, I worked as an output producer for SKY NEWS. From 2003 – 2005 I worked as a producer on stories in the UK and across the world, including America. Between 2005 and 2011, I ran Sky News’ political coverage and in 2011, I was made Director of Newsgathering and Operations for SKY NEWS. In my role, I am responsible for journalists and technicians in the UK and internationally, including in our U.S. offices. 3. SKY NEWS is a 24 hour multimedia news source that is available throughout the world. SKY NEWS was launched by Rupert Murdoch in 1989. Since its inception, SKY NEWS has become one of the top news sources worldwide. SKY NEWS is the fourth highest rank news source worldwide, ranked with the BBC, FOX News and MSNBC. Attached hereto as Exhibit A is a true and correct copy of a news article and third party reference to most popular news channels throughout the world, located at: http://www.allrefer.com/top-10-popular-news-channels-world. Television viewers throughout the world are familiar with SKY NEWS. SKY NEWS is an unrivalled, world class breaking news service with a spirit of innovation and a fresh approach to news broadcasting. It reaches 102 million homes worldwide. Attached hereto as Exhibit B is a printout of pages from the Sky News International website, located at: http://www.skynewsinternational.com/about. 4. SKY NEWS International is available in the United States, as well as throughout the world. In the U.S., SKY NEWS is an emerging market. SKY NEWS International became available to U.S. consumers through Apple TV and ROKU in 2013. Attached hereto as Exhibit C is a true and correct copy of a third party article on the introduction of SKY NEWS International through Apple TV, located at: https://www.macrumors.com/2013/06/19/apple-adds-watchespn-hbo-go-sky-news-and- more-to-apple-tv/. 2 4840-1188-3381.1 5. Since that time, SKY NEWS International has covered the most prominent U.S. news stories. Attached hereto as Exhibit D is a true and correct copy of the press release for SKY NEWS U.S. Presidential coverage. This document is a company record, maintained in the ordinary course of business. 6. On September 30, 2014, SKY NEWS began live streaming the channel on YouTube. Exhibits E located at https://www.youtube.com/watch?v=For_WjPZ8qo and Exhibit F located at https://www.youtube.com/watch?v=ty5gpCdDrWQ are true and correct copies of YouTube downloads of SKY NEWS coverage of the U.S. Presidential election. 7. Attached hereto as Exhibit G is a true and correct copy of SKY NEWS footage of the Congressional questioning of Mark Zukerman, the CEO of Facebook, located at: https://news.sky.com/story/live-zuckerberg-faces-second-day-of-questions-11326338. 8. Attached hereto as Exhibit H is a true and correct copy of SKY NEWS footage on Hurricane Florence, available on the SKY NEWS YouTube channel, located at: https://www.youtube.com/watch?v=3u9n2iEYJEg. 9. SKY NEWS is also available through a live feed on the SKY website, located at https://news.sky.com/. Attached hereto as Exhibit I are downloads of the SKY NEWS website. The viewership for SKY NEWS live feed in the U.S. is represented as follows in the *Confidential – Attorneys Eyes Only* table: 3 4840-1188-3381.1 10. The website is also available to viewers in the United States. The *Confidential – Attorneys Eyes Only* table below sets out the cumulative daily unique figures for USA in relation to Sky’s principal English websites for each financial year from 2012-2013 until 2017-2018. The daily unique figures represent the number of visitors (IP addresses) who have used one browser application to view the relevant website at least once per day. A granular breakdown of the yearly sums of daily unique figures is included in the attached supporting evidence at Exhibit J. 11. We are also available on Facebook at: https://m.facebook.com/skynews and Twitter at: https://twitter.com/skynews. Attached hereto as Exhibit K is a true and correct copy of a downloaded page from the SKY NEWS Facebook and, as Exhibit L is a true and correct download of the SKY NEWS Twitter feed. The U.S. represents the third largest number of Facebook fans for SKY NEWS, and the second highest number of Twitter account users. Attached hereto as Exhibit M are the *Confidential – Attorneys’ Eyes Only* analytics for Facebook fans. These documents are business records of the company, kept in the ordinary course of business. Attached hereto as Exhibit N are the *Confidential – Attorneys’ Eyes Only* analytics for Twitter users. These documents are business records of the company, kept in the ordinary course of business. SKY NEWS is also available on the SKY NEWS App. The *Confidential – Attorneys Eyes Only* table below set out the statistics of U.S. viewers of SKY NEWS on the App: 4 4840-1188-3381.1 This information is a summary of the confidential business records of the company, kept in the ordinary course of business. 12. As a multinational newsgathering operation, we have resident news bureaus in the United States. Sky operates two U.S. news bureaus – in Washington D.C. and New York City in which we provide U.S. news for distribution throughout the world. In addition, we have a live studio in Los Angeles. We have had a dedicated U.S. team since the mid-1990s. Our U.S. newsgathering operations includes Cordelia Lynch; Hannah Thomas-Peter; Greg Milam; and Amanda Walker. Our press credentials identify our news team as SKY journalists and technicians. We are well known in the trade, and to television viewers in the U.S. 13. The U.S. newsgathering team has been the subject of acclaim. Sky News U.S. bureau photographer, Duncan Sharp has been the recipient of several White House News Photographer’s awards for filming and editing. Attached hereto as Exhibit O is a true and correct copy of an article on Sky News photographer, Duncan Sharp. Attached hereto as Exhibit P is a true and correct copy of a press release on SKY NEWS receipt of an International Emmy award, located at: https://www.skygroup.sky/corporate/media- centre/articles/en-gb/sky-news-wins-international-emmy. The presentation was made in New York in September 2016 for the category of News and Current Affairs. 5 4840-1188-3381.1 14. Additionally, through its relationship with Fox News, Sky has regularly provided Fox News with news footage by way of clippings of international news and sports news events.
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