Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA916853 Filing date: 08/20/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91234356 Party Defendant Catawba Valley Brewing Company Correspondence ANGELA P DOUGHTY Address WARD AND SMITH PA 5430 WADE PARK BLVD WADE II SUITE 400, POST OFFICE BOX 33009 RALEIGH, NC 27636-3009 UNITED STATES [email protected] 919-277-9100 Submission Other Motions/Papers Filer's Name Erica B.E. Rogers Filer's email [email protected], [email protected], kgflem- [email protected] Signature /Erica B.E. Rogers/ Date 08/20/2018 Attachments Declaration of Erica B.E. Rogers.pdf(349630 bytes ) Exhibit 1 - catawbabrewingcom_2018-08-17T19-14-04.pdf(2743556 bytes ) Exhibit 2 - Wiki Loch Ness Monster https___en.wikipedia.pdf(310016 bytes ) Exhibit 3 - Busch Gardens https___buschgardens.pdf(383701 bytes ) Exhibit 4- HOPS http___allaboutbeer.pdf(70252 bytes ) Exhibit 5 - TTB Webpage https___www.ttb.pdf(310143 bytes ) Exhibit 6 - from ROG - http___www.mbird.pdf(489817 bytes ) Exhibit 7 - CNN beer https___www.cnn.pdf(692573 bytes ) Exhibit 8 - CNN https___www.cnn.pdf(320264 bytes ) Exhibit 9 - Beer List Table .pdf(409307 bytes ) Exhibit 10 - Total Wine with Map.pdf(1217703 bytes ) Exhibit 11 - Beer Menus.pdf(1474522 bytes ) Exhibit 12 - Bergamonster.pdf(2473884 bytes ) Exhibit 13 - Brooklyn Monster Ale.pdf(2425972 bytes ) Exhibit 14 - Dr. Frankenstone's Monster IPA.pdf(1507803 bytes ) Exhibit 15 - Fog Monster NEIPA.pdf(4132979 bytes ) Exhibit 16 - Frost Monster.pdf(4028530 bytes ) Exhibit 17 - Green Monsta.pdf(3469906 bytes ) Exhibit 18 -Green Monster.pdf(3197348 bytes ) Exhibit 19 - Lake Erie Monster.pdf(4375434 bytes ) Exhibit 20 -Monsters Park.pdf(4236724 bytes ) INDEX TO DECLARATION OF ERICA B. E. ROGERS Exhibit 1 – Webpages from catawbabrewing.com Exhibit 2 – Wikipedia Article – Loch Ness Monster Exhibit 3 – Busch Gardens Amusement Park Loch Ness Monster Ride Exhibit 4 – All About Beer Magazine – "Hops" Exhibit 5 – Alcohol and Tobacco Tax and Trade Bureau website – "Beer Industry" Exhibit 6 – "I Am What I Drink: Identity and Craft Beer" August 14, 2014 article by Mockingbird Exhibit 7 – "What too much alcohol can do to your health" April 13, 2018, CNN article Exhibit 8 – "Put down that energy drink" April 26, 2017, CNN article Exhibit 9 – Table 1 –Beer Websites Data Exhibit 10 – Total Wine & More website pages Exhibit 11 – Beermenus.com website pages Exhibit 12 – Beer websites – "Bergamonster" Exhibit 13 – Beer websites – "Brooklyn Monster" Exhibit 14 – Beer websites – "Dr. Frankenstone's Monster" Exhibit 15 – Beer websites – "Fog Monster" Exhibit 16 - Beer websites – "Frost Monster" Exhibit 17 – Beer websites – "Green Monsta" Exhibit 18 – Beer websites – "Green Monster" Exhibit 19 – Beer websites – "Lake Erie Monster" Exhibit 20 – Beer websites – "Monsters' Park" Exhibit 21 – Beer websites – "SAAZ Monster" Exhibit 22 – Beer websites – "Schloppy Monster" Exhibit 23 – Beer websites – "Sea Monster" 7 Exhibit 24 – Beer websites – "The Astounding She-Monster Mango" Exhibit 25 – Beer websites – "Vermonster" Exhibit 26 – Beer websites – "Violin Monster" Exhibit 27 – Website pages – "Monster Mash" Exhibit 28 – Website pages – "Peat Monster" Exhibit 29 – Website pages – "Wort Monster" Exhibit 30 – Website pages – "C Monster" Exhibit 31 – Brewers Association website – "craft brewer" definition Exhibit 32 – "2018 Beer Style Guidelines" March 20, 2018 article by All About Beer Magazine 8 EXHIBIT 1 Document title: Catawba Brewing Co. | History of Catawba Brewing Capture URL: https://catawbabrewing.com/about-us Capture timestamp (UTC): Fri, 17 Aug 2018 19:15:13 GMT Page 1 of 4 Document title: Catawba Brewing Co. | History of Catawba Brewing Capture URL: https://catawbabrewing.com/about-us Capture timestamp (UTC): Fri, 17 Aug 2018 19:15:13 GMT Page 2 of 4 Document title: Catawba Brewing Co. | History of Catawba Brewing Capture URL: https://catawbabrewing.com/about-us Capture timestamp (UTC): Fri, 17 Aug 2018 19:15:13 GMT Page 3 of 4 Document title: Catawba Brewing Co. | History of Catawba Brewing Capture URL: https://catawbabrewing.com/about-us Capture timestamp (UTC): Fri, 17 Aug 2018 19:15:13 GMT Page 4 of 4 EXHIBIT 2 Loch Ness Monster - Wikipedia Page 1 of 16 Loch Ness Monster In Scottish folklore, the Loch Ness Monster or Nessie is a creature said to inhabit Loch Loch Ness Monster Ness in the Scottish Highlands. It is often described as large in size with a long neck and one or more humps protruding from the water. Popular interest and belief in the creature has varied since it was brought to worldwide attention in 1933. Evidence of its existence is anecdotal, with a few disputed photographs and sonar readings. The creature commonly appears in Western media in a variety of ways. The scientific community regards the Loch Ness Monster as a phenomenon without biological basis, explaining sightings as hoaxes, wishful thinking, and the misidentification of mundane objects.[2] Contents The "surgeon's photograph" of 1934, now known to have been a hoax[1] Name Similar Champ (folklore), Origins creatures Ogopogo, Mokele- History mbembe, Altamaha-ha Saint Columba (565) D. Mackenzie (1871 or 1872) Other Nessie, Niseag George Spicer (1933) name(s) Hugh Gray (1933) Country Scotland Arthur Grant (1934) Region Loch Ness "Surgeon's photograph" (1934) Taylor film (1938) William Fraser (1938) Sonar readings (1954) Peter MacNab (1955) Dinsdale film (1960) "Loch Ness Muppet" (1977) Holmes video (2007) Sonar image (2011) George Edwards photograph (2011) David Elder video (2013) Apple Maps photograph (2014) Google Street View (2015) Searches Edward Mountain expedition (1934) Loch Ness Phenomena Investigation Bureau (1962–1972) Sonar study (1967–1968) Robert Rines studies (1972, 1975, 2001, 2008) Operation Deepscan (1987) Searching for the Loch Ness Monster (2003) Explanations Misidentification of known animals Bird wakes Eels Elephant Greenland shark Wels catfish Resident animals https://en.wikipedia.org/wiki/Loch_Ness_Monster 8/16/2018 Loch Ness Monster - Wikipedia Page 2 of 16 Misidentifications of inanimate objects or effects Trees Seiches and wakes Optical effects Seismic gas Folklore Hoaxes Exotic large-animal species Plesiosaur Long-necked giant amphibian Invertebrate See also Footnotes Bibliography Documentary External links Name The creature has been affectionately called Nessie[a] (Scottish Gaelic: Niseag)[3] since the 1940s.[4] Origins The word "monster" was reportedly applied for the first time to the creature on 2 May 1933 by Alex Campbell, water bailiff for Loch Ness and a part-time journalist, in an Inverness Courier report.[5][6][7] On 4 August 1933 the Courier published a report by Londoner George Spicer that several weeks earlier, while they were driving around the loch, he and his wife saw "the nearest approach to a dragon or pre- historic animal that I have ever seen in my life" trundling across the road toward the loch with "an animal" in its mouth.[8] Letters began appearing in the Courier, often anonymously, claiming land or water sightings by the writer, their family or acquaintances or remembered stories.[9] The accounts reached the media, which described a "monster fish", "sea serpent", or "dragon"[10] and eventually settled on "Loch Ness monster".[11] On 6 December 1933 the first purported photograph of the monster, taken by Hugh Gray, was published in the Daily Express;[12] the Secretary of State for Scotland soon ordered police to prevent any attacks on it.[13] In 1934, interest was further piqued by the "surgeon's photograph". That year, R. T. Gould published an account[14] of the author's investigation and a record of reports predating 1933. Other authors have claimed sightings of the monster dating to the sixth century AD. History Saint Columba (565) The earliest report of a monster in the vicinity of Loch Ness appears in the Life of St. Columba by Adomnán, written in the sixth century AD.[15] According to Adomnán, writing about a century after the events described, Irish monk Saint Columba was staying in the land of the Picts with his companions when he encountered local residents burying a man by the River Ness. They explained that the man was swimming in the river when he was attacked by a "water beast" which mauled him and dragged him underwater. Although they tried to rescue him in a boat, he was dead. Columba sent a follower, Luigne moccu Min, to swim across the river. The beast approached him, but Columba made the sign of the cross and said: "Go no further. Do not touch the man. Go back at once."[16] The creature stopped as if it had been "pulled back with ropes" and fled, and Columba's men and the Picts gave thanks for what they perceived as a miracle.[16] Believers in the monster point to this story, set in the River Ness rather than the loch itself, as evidence for the creature's existence as early as the sixth century.[17] Sceptics question the narrative's reliability, noting that water-beast stories were extremely common in medieval hagiographies and Adomnán's tale probably recycles a common motif attached to a local landmark.[18] According to sceptics, Adomnán's story may be independent of the modern Loch Ness Monster legend and became attached to it by believers seeking to bolster their claims.[17] Ronald Binns considers that this is the most serious of various alleged early sightings of the monster, but all other claimed https://en.wikipedia.org/wiki/Loch_Ness_Monster 8/16/2018 Loch Ness Monster - Wikipedia Page 3 of 16 sightings before 1933 are dubious and do not prove a monster tradition before that date.[6] Christopher Cairney uses a specific historical and cultural analysis of Adomnán to separate Adomnán’s story about St. Columba from the modern myth of the Loch Ness Monster, but finds an earlier and culturally significant use of Celtic “water beast” folklore along the way.