Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA917327 Filing date: 08/22/2018 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 ETW Corp. Granted to Date 08/22/2018 of previous ex- tension Address 145 Soundings AvenueSuite 200 Jupiter, FL 33477 UNITED STATES Attorney informa- Robert D. Litowitz tion Kelly IP, LLP 1300 19th Street, N.W., Suite 300 Washington, DC 20036 UNITED STATES [email protected], [email protected], [email protected] no phone number provided Applicant Information Application No 87692191 Publication date 04/24/2018 Opposition Filing 08/22/2018 Opposition Peri- 08/22/2018 Date od Ends Applicant Teton Gravity Research, LLC PO Box 1346 1260 North West Street Wilson, WY 83014 UNITED STATES Goods/Services Affected by Opposition Class 009. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are opposed, namely: Motion picture films and movies, download- able films, movies, and multimedia entertainment video content about sports, travel, people, enter- tainment, adventure,technology, culture, music, food, and sporting events; eyewear Class 035. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are opposed, namely: Online retail store services featuring life- style apparel, sports gear, videos, glassware, beverageware, posters, stickers, and books; retail store services featuring lifestyle apparel, sports gear, backpacks, eyewear, videos, glassware, beverage- ware, posters, stickers, books, and towels; promotional services, namely, conducting a film event to promote sports, travel, people, entertainment, adventure, technology, culture, music, and sporting events; production of advertising content; event planning and management for marketing, branding, promoting, or advertising the goods and services of others; advertising and publicity services, namely, promoting the goods, services, brand identity, and commercial information and news of third parties through print, audio, video, digital, and on-line medium Class 041. First Use: 1996/00/00 First Use In Commerce: 1996/00/00 All goods and services in the class are opposed, namely: Entertainment services, namely, develop- ment, creation, production, editing, distribution, and post-production of films,movies, and multimedia entertainment content; providing a website featuring blogs, non-downloadable articles, photos, videos, and films in the fields of sports, technology, gear, travel, people, entertainment, adventure, culture, music, food, current affairs, and sporting events; organizing and hosting of events for cultural purposes; Amusement park and theme park services Class 043. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Hotel, resort hotel, bar, and restaurant ser- vices Grounds for Opposition No bona fide intent to use mark in commerce for Trademark Act Section 1(b) identified goods or services Other Void Ab Initio - 15 U.S.C. 1051 (a) and 1127; Partial Opposition and Restriction - Section 18, 15 U.S.C. 1068 Related Proceed- Opposition No. 91237344 ings Attachments TGR - Notice of Opposition.pdf(3616612 bytes ) Signature /Robert D. Litowitz/ Name Robert D. Litowitz Date 08/22/2018 Notice of Opposition Serial No. 87692191 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Opposition No.: ETW CORP., Mark: TGR Opposer Serial No.: 87692191 Filed: November 20, 2017 v. TETON GRAVITY RESEARCH, LLC, Applicant. NOTICE OF OPPOSITION Opposer, ETW Corp. (“ETW”), a corporation organized under the laws of the State of Florida, having a principal place of business at 145 Soundings Avenue, Suite 200, Jupiter, Florida 33477, believes that it is being damaged, and will be damaged, by the registration of the mark shown above in Application Serial No. 87692191, and hereby opposes the same as to Classes 9, 35, 41,and 43. As grounds for opposition, ETW alleges, upon actual knowledge with respect to ETW’s own acts, and upon information and belief as to other matters: ETW and its TGR Marks 1. For more than 20 years, ETW has served as the entity for managing and conducting the golf, business, charitable, and educational ventures of the world famous and renowned professional athlete Eldrick “Tiger” Woods (“Woods”). 2. In October 2016, ETW announced the creation of a new dba to unify all of Woods’s business ventures under one brand: TGR. 3. TGR is an umbrella company that unites Woods’s current businesses. 1 Notice of Opposition Serial No. 87692191 These include, among others: a. TGR Foundation: Founded in 1996 and formerly known as the “Tiger Woods Foundation,” TGR Foundation is the main philanthropic arm of ETW, delivering educational programs and scholarships for minority and underserved students. b. TGR Design: Formerly known as “Tiger Woods Design,” TGR Design is a full-service golf course design firm. c. TGR Live: Formerly known as the “Tiger Woods Charity Event Corporation,” TGR Live produces charity events that benefit the TGR Foundation, examples of which include golf events such the PGA TOUR’s Quicken Loans National, Genesis Open, and Hero World Challenge, as well as Tiger Jam, and the Tiger Woods Invitational. TGR Live has exclusively supported the fundraising efforts of the TGR Foundation for 20 years. TGR Foundation, TGR Design, and TGR Live are collectively referred to as the “ETW TGR-Formative Marks.” 4. As shown below, ETW uses the ETW TGR-Formative Marks in connection with a distinctive three-triangle logo that resembles a tiger’s paw print, an abstract “woods,” and the letter “W,” all reinforcing the strong association with the elite professional athlete known around the world simply as “Tiger.” In this format, the TGR letters are also locked-up with the name “Tiger Woods” and serve as a short-hand for “Tiger.” 2 Notice of Opposition Serial No. 87692191 5. ETW owns U.S. Trademark Application No. 87176853 (the “ETW Application”), filed on September 20, 2016 under Section 1(b), 15 U.S.C. § 1051(b), for the mark TGR DESIGN for the golf design and maintenance services set forth below (a printout from the PTO TSDR and assignment database is attached as Exhibit A). Cl. 37: Building construction; repair and installation services of turf watering pipes and controls; building construction services of golf facilities; maintenance of golf courses and golf driving ranges; Cl. 42: Consulting services in the field of architectural design of construction and building of golf courses and golf driving ranges; architectural design services, namely, drawing up of blueprints for the construction and building of golf courses and golf driving ranges; architectural design services in the field of golf courses; Cl. 44: Maintenance of golf courses, namely, lawn mowing services, horticultural and turf care services, namely, providing preparation and development of turf grass and soil for providing an environment that encourages improved growth attributes; providing design services for others in the field of golf courses; landscaping design services. 6. On October 20, 2017, Applicant Teton Gravity Research, LLC (“Applicant” or “Teton”) filed a Notice of Opposition against the ETW Application (Opposition No. 91237344), in which Teton alleges that ETW’s TGR DESIGN mark, when used for the services in the ETW Application, is likely to cause confusion with Teton’s use and registration of the mark “TGR” under Section 2(d), 15 U.S.C. §1052(d). ETW denies that any alleged likelihood of confusion exists. Opposition No. 91237344 remains pending. 3 Notice of Opposition Serial No. 87692191 Teton Gravity Research and its TGR Mark 7. Applicant Teton Gravity Research, LLC is a Delaware corporation with an address at P.O. Box 1346, 1260 North West Street, Wilson, Wyoming 83014. 8. According to its website www.tetongravity.com, Teton is an action sports and extreme outdoor adventure media company and “serves as a leading destination and community for action sports content.” 9. As an action sports and extreme outdoor adventure media company, Teton produces various media productions and films that highlight extreme skiing and snowboarding, big-wave surfing, and mountain bike racing, among other adventurous outdoor sport activities, as shown in the representative screen captures of Teton’s website www.tetongravity.com below. 4 Notice of Opposition Serial No. 87692191 10. As an acronym for Teton Gravity Research, Teton uses the mark TGR (the “Teton TGR Mark”) in connection with its action sports and extreme outdoor adventure products and services. 11. Teton is the listed owner of Trademark Registration No. 4610137 (the “‘137 Registration”), issued on September 23, 2014, for the Teton TGR Mark for various products and services in connection with “action sports.” The ‘137 Registration covers: Cl. 25: Apparel, namely, short-sleeved and long-sleeved t-shirts, sweatshirts, socks, ball caps, hats, winter hats, gloves, tank tops, base layer wear. (First Use: 19980000. First Use in Commerce: 19980000) Cl. 35: Online retail store services featuring action sports gear, skiing and snowboarding gear, backcountry gear, apparel, eyewear, footwear and backpacks; promotional services, namely, conducting a film tour to promote action sports and action sports athletes. (First Use: 19960000;