Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov ESTTA Tracking number: ESTTA1128986 Filing date: 04/22/2021 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91231624 Party Plaintiff Rolex Watch U.S.A., Inc. Correspondence BETH M. FRENCHMAN Address GIBNEY ANTHONY & FLAHERTY LLP 665 FIFTH AVENUE NEW YORK, NY 10022 UNITED STATES Primary Email: [email protected] Secondary Email(s): [email protected], [email protected], as- [email protected], [email protected], [email protected], bw- [email protected], [email protected] 212-906-3334 Submission Plaintiff's Notice of Reliance Filer's Name Adam Sgro Filer's email [email protected], [email protected] Signature /Adam Sgro/ Date 04/22/2021 Attachments 01852500.PDF(266649 bytes ) 01852514.PDF(3221248 bytes ) 01852517.PDF(4190443 bytes ) 01852518.PDF(3980436 bytes ) 01852511.PDF(950670 bytes ) 01843613.PDF(117827 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ROLEX WATCH U.S.A., INC., Opposition No.: 91231624 Serial No.: 79172020 Opposer vs. PWT A/S Applicant. OPPOSER’S EIGHTH NOTICE OF RELIANCE Internet Evidence Pursuant to 37 C.F.R. § 2.122, and Rule 704 of the TBMP, Opposer, Rolex Watch U.S.A., Inc. (“Rolex”) submits this Eighth Notice of Reliance. Specifically, Rolex seeks to rely upon the following internet evidence attached as Exhibit A, which was available to the public and recorded by Rolex on April 6, 2021 at the various URLs identified on each document. Rolex is submitting this evidence in rebuttal to Applicant’s Trial Testimony Declaration of Ole Koch Hansen wherein he describes Applicant’s brand as a “street tailoring” style of fashion; yet this evidence shows the appeal of streetwear and street tailoring fashion on consumers of luxury fashion brands. Rolex also seeks to rely upon the following internet evidence attached as Exhibit B, which was available to the public and recorded by Rolex on March 24, 2021 and April 6, 2021 at the various URLs identified on each document. Rolex is submitting this evidence further supporting evidence offered in Exhibit A and to show that streetwear clothing, fashion items and 1 accessories, including watches, are related goods and are sold in the same stores, websites, and channels of trade, contrary to the testimony of Applicant. Rolex also seeks to rely upon the following internet evidence attached as Exhibit C, which was available to the public and recorded by Rolex on March 18, 2021 at the various URLs identified on each document. Rolex is submitting this evidence to show that contrary to the evidence and testimony submitted by Applicant in its Notice of Reliance 3, watches, clothing and accessories are offered for sale in the same sections of retailers’ websites, and so these products are related. Rolex also seeks to rely upon the following internet evidence attached as Exhibit D, which was available to the public and recorded by Rolex on April 15, 2021 at the URL identified on each document. Rolex is submitting this evidence to rebut Applicant’s Notice of Reliance 2 and shows that the public at large identifies Rolex’s Crown Design with Rolex. The internet printouts in Exhibit A consist of the following: 1) Screenshots taken on April 6, 2021 of article discussing streetwear fashion at https://strategyand.hypebeast.com/streetwear-report-history-definition; 2) Screenshots taken on April 6, 2021 of article discussing streetwear fashion at https://wearzeitgeist.com/streetwear/what-is-streetwear-fashion; and 3) Screenshots taken on April 6, 2021 of article discussing streetwear fashion at https://www.rebelsmarket.com/blog/posts/the-origins-of-streetwear-what-is-it-and-how-do-i- wear-it. The internet printouts in Exhibit B consist of the following: 4) Screenshots taken on March 24, 2021 of products for offered sale at www.Farfetch.com; 2 5) Screenshots taken on April 6, 2021 of products for offered sale at www.zumiez.com; 6) Screenshots taken on April 6, 2021 of products for offered sale at www.culturekings.com; 7) Screenshots taken on April 6, 2021 of products for offered sale at www.explicitstreetwear.com; 8) Screenshots taken on April 6, 2021 of products for offered sale at www.stockx.com; 9) Screenshots taken on April 6, 2021 of products for offered sale at www.kingice.com; and 10) Screenshots taken on April 6, 2021 of products for offered sale at www.en.smallable.com. The internet printouts in Exhibit C consist of the following: 11) Screenshots taken on March 18, 2021 of the “Jewelry and Accessories” section of the website www.bloomingdales.com, and the types of goods offered for sale in that section; 12) Screenshots taken on March 18, 2021 of the “Fashion” section of the website www.ebay.com, and the types of goods offered for sale in that section; and 13) Screenshots taken on March 18, 2021 of the “Men’s” portion of the website www.macys.com, and the types of goods offered for sale in that section. 3 The internet printouts in Exhibit D consist of the following: 14) Screenshots taken on April 15, 2021 of the New York Times Daily Mini Crossword at www.nytimes.com/crosswords/game/mini. Dated: April 22, 2021 Respectfully Submitted, ROLEX WATCH U.S.A., INC. By: __/s/Beth Frenchman/________ Beth Frenchman ([email protected]) Adam Sgro ([email protected]) Gibney, Anthony & Flaherty, LLP 665 Fifth Avenue New York, NY 10022 T: (212) 688-5151 F: (212) 688-8315 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Eighth Notice of Reliance has been served on this 22nd day of April 2021, by electronic mail to: [email protected], [email protected], [email protected] ___/s/ Veronika Sostak Veronika Sostak 4 EXHIBIT A 4/6/2021 Streetwear History & Definition Back to HYPEBEAST → CONTENTS STREETWEAR IMPACT REPORT - 001 INT SUM DEFINING STREETWEAR 001 This article is part of the Streetwear Impact Report . The report includes data collected HF through two main research methods: our consumer survey and industry survey. Full description of methodology can be found in the Introduction. 002 https://strategyand.hypebeast.com/streetwear-report-history-definition 1/6 4/6/2021 Streetwear History & Definition DA The report is split into four articles. 001 Defining Streetwear details streetwear’s origin and key cultural components. 002 Measuring Streetwear reports consumer spending habits 003 and preferences. 003 How Streetwear Talks traces the communication loop between consumer and brand. 004 How Streetwear Sells dissects streetwear’s tight-knit direct-to- AA consumer relationship and retail model. Visit the Executive Summary for a full overview. 004 Streetwear’s dictionary definition is simple enough: fashionable, casual clothes. JL But that definition underplays what has become a multi billion-dollar retail phenomenon, with roots in countercultures of the 1980s and 1990s, including graffiti, hip-hop, skate and surf. In essence, streetwear involves the production, promotion, sale and resale of casual fashion, principally of footwear, such as sneakers, but also T-shirts and other items – in ways that bypass traditional retail channels, often subverting the way the fashion industry has long defined and dictated how “cool” is made profitable. The audience, and therefore the target market, is very young: mostly under 25. The communities that originally led streetwear were largely male dominated, and as such the style was originally adopted and driven by men, depicting traditionally masculine looks. In the beginning, streetwear was simple and an antidote to the elaborate, complicated styles that were in fashion at the time. The formula was straightforward: people wore T-shirts and hoodies because that’s what they liked. This uniform was tied to both comfort and self-expression. Pioneers of the movement include James Jebbia, founder of skate brand Supreme, and Shawn Stussy, founder of surf brand Stüssy. Designer Dapper Dan played a pivotal role in elevating streetwear to luxury as early as the 1980’s out of Harlem, New York, creating styles for hip-hop artists who were shunned by traditional luxury brands at the time. While the movement has roots in California and New York, other early adopters like Hiroshi Fujiwara and Nigo, both influential DJs and designers, were largely responsible for pioneering the street style and hip-hop scene in Japan in the 1980s. Like other major cultural movements, streetwear quickly rose simultaneously in major cities and regions throughout the globe. https://strategyand.hypebeast.com/streetwear-report-history-definition 2/6 4/6/2021 Streetwear History & Definition And, like any major cultural movement, streetwear has not risen in a vacuum. Streetwear should not be viewed as a trend within fashion, but as the fashion leg of a larger shift that has given power to popular culture spanning fashion, art and music, and which is largely driven by black culture. The mindset that drives this popular culture shift appeared as early as 1960s, when Andy Warhol questioned what constituted contemporary art. In the 1970s, artists such as Jean-Michel Basquiat and Keith Haring extended this conversation to street art, challenging traditional notions of who could access art and who it was for. Hip-hop and rap similarly promoted a raw form of music motivated by rule breaking and finding art and sound in unconventional ways. Streetwear is analogous to an artist’s street art or a hip-hop artist’s lyrics: picking a spot and dropping a signature. This level of authenticity is unmatched elsewhere in the fashion industry, which has typically operated through a top-down effect. Insiders act as the gatekeepers to the newest styles and trends. Streetwear has subverted this formula with a more democratic model.