IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter ofApplication Serial No. 78-803,956; International Class: 009 Mark: SNOOPTUNES—Published in the Official Gazette on December 19, 2006 CALVIN BROADUS Opposer vs. Re: Opposition No. 91176834 KRISTYN KELLY ALLEN, dba PASSIVE DEVICES LLC Applicant _j.j____ DECLARATION§S[ IN SUPPORT OF INTERNET EVIDENCE DECLARATION OF ALLEN HEATH I, Allen Heath, declare as follows: 1. I am VP ofBusiness Development and acting chiefoperations of1’icer(“COO”) for Passive Devices, LLC, and the father of the individual named herein as Kristyn Kelly Allen, the applicant (“Applicant”) in theherein Opposition.. I have acted in the capacities of VP of Business Development and acting CO0 for Passive Devices, LLC since the company’s inception in or about 2004. Unless otherwise stated, this declaration is based on my personal knowledge, and if called as a witness could testify competently thereto. 2. Between September 9, 2008 and September 21, 2008, I performed certain searches on the Internet in order to locate and collect evidence relevant to this proceeding. The results of those searches are set forth below. DECLARATION(S) IN SUPPORT OF EVIDENCE 3. On September 17, 2008, I performed intemet searches on the search engine website Google.com, for each of the search queries set forth below. The number of search results for each such internet search is also set out below. Attached hereto as Exhibit “A”, and hereby incorporated herein by this reference, are true and correct printouts of the first page of search results for each said internet search: Search Quegg No. of Results ‘rap‘: 263,000,000 ‘rap music’: 14,300,000 ‘snoop dogg ‘: 22,200,000 ‘snoop dogg’, ‘hip hop’, ‘rapper’, ‘gangsta’, rap’, ‘dj’: 7,580,000 ‘snoop dogg’, ‘hip hop’, ‘rapper’, ‘gangsta’, rap’, ‘dj’, ‘drugs, ‘pot’, ‘weed”, “boss’, smoke”: 6,830,000 ‘rap music’, ‘snooptunes’: 72 ‘rap music’, ‘snooptunes’, ‘snoopdogg’: 52 ‘rap music’, ‘snooptunes’, ‘snoopdoog,, ‘trademark’: 40 ‘rap music’, ‘snooptunes’, ‘snoopdoog’ minus ‘trademark’ minus ‘teenpernuer’: 9 4. On September 17, 2008 and September 18, 2008, I performed intemet searches on the search engine sites googlacom, yahoo. com and cuil.com for the term ‘SNOOPTUNES’, with such internet searches yielding 3,650, 10,100 and 4,753 search results, respectively. Attached hereto as Exhibit “B”, and hereby incorporated herein by this reference, are true and correct printouts of the first 9 pages of results from each ofthe aforesaid intemet searches. 5. Attached hereto as Exhibit “C”, and hereby incorporated herein by this reference, are true and correct printouts of screenshots from websites featuring articles and reviews about various movie and television appearances made by the Opposer, including those from: nme.com, ew.com, lovefilmcom, ima'b.com, slantmagazine. com, filmcritic. com, TV com blackfilmcom, wikz'pea'ia.c0m and moreturkishdeligmcom, as of September 9, 2008, September 17, 2008 and September 21, 2008. The yellow underscore highlighting appearing for emphasis on some of the above-referenced attached printouts has been added. DECLARATION(S) IN SUPP(3R’I‘ OF lNTEllNET 2 6. Attached hereto as Exhibit “D”, and hereby incorporated herein by this reference, are true and correct printouts of screenshots from various websites featuring articles and interviews written about the Opposer, including those from: vh1.c0m, rollingstonacom, bnet.c0m, livelealccom, dubcnncom, irfoplease.com, rapcerztreal.co.u/ccom, abcnews.com, artistdirect.c0m, roc/r.s'backpages.c0m, kronic/ccom and nardwuancom, as of September 9, 2008, September 17, 2008 and September 21, 2008. The yellow underscore highlighting appearing for emphasis on some of the above-referenced attached printouts has been added. I declare under penalty ofperjury under the laws ofthe United States that the foregoing is _ true and correct. Executed this _1_“ day of October, 2008 , at _Fremont_, California, USA Allen Heath DECLARATION OF JON L. DUMAN I, Jon L. Duman, declare as follows: 1. I am an attorney, duly admitted to practice before the state and federal courts of California and this Board. I am the attorney for the Applicant named herein. I have personal knowledge of the following facts and if called as a witness could testify competently thereto. ,2. On the dates set forth hereinbelow, I performed certain searches on the Internet in order to locate and collect evidence relevant to this proceeding. The results of those searches are set forth below as follows: 3. Attached hereto as Exhibit “E”, and hereby incorporated herein by this reference, are true and correct printouts of screenshots from various websites featuring biographies and profile articles written about the Opposer, including those from: wikipedia. com, TVcom, answers. com, and idmb. com, obtained as of September 21, 2008. DECLARATION(S) 1:»: SUPPORT or INTERNET 1§:vn)r:Ncri A l i 3 biographies and profile articles written about the Opposer, including those from: wikipedia. com, TV. com, answers. com, and imdb. com, obtained as of September 21, 2008 4. Attached hereto as Exhibit “F”, and hereby incorporated herein by this reference, are true and correct printouts from Various websites featuring articles written about the Opposer’s various legal problems, including those from: c0nlactmusz'c.c0m, stuflco. nz, reutersacom, cbc.ca, s0und.s'[am.c0m, uk.news.laur1ch.yah00.c0m, tmz.c0m, smhcom, artz'stdz'recl.com and newsmusi.c0m, obtained as of September 21, 2008 and September 22, 2008 (as indicated). 5. Attached hereto as Exhibit “G”, and hereby incorporated herein by this reference, is l) a true and con'ect printout ofthe first page ofan artist bio foturd on MTVcom for the Opposer; and 2) a true and correct printout of the first page of an article found on Wikz'pedia.icom describing Opposer’s role in the film The Wash, obtained as of September 22, 2008. 6. Attached hereto as Exhibit “H”, and hereby incorporated herein by this reference, is a hue and correct printout from the website Amazoncom featuring retail solicitations and reviews for the Opposer’s authorized biography, obtained as of September 22, 2008. 7. Attached hereto as Exhibit “I”, and hereby incorporated herein by this reference, are true and correct printouts from various websites featuring articles written about Applicant and SNOOPTUNES, including those from: gadgets. q/Inez, b/0g. wired. com, pcnews. com, NBC1 1. com, eleclrorzista. com, iloupnge. com, fres//zpiZ0t.c0m, engczdgelrom, blackenterprisacom and computer-advice.info, obtained as of September 22, 2008, and September 28, 2008 (as indicated). 8. Attached hereto as Exhibit “J”, and hereby incorporated herein by this reference, is a true and correct printout from the website b/1ph0r0vide0.c0m. featuring a retail solicitation for Applicant’s NoeStringsAttached device featuring SNOOPTUNES technology, obtained as of September 22, 2008. 9. Attached hereto as Exhibit “ K”, and hereby incorporated herein by this reference, are true and correct printouts from the website www.who.z's, featuring a list, of DECLARATl0N(S)"lN SUPEbRT INTERNET EVIDENCE i i V i A l domain names beginning with the word “snoop”, obtained as of September 23, 2008 and September 28, 2008. (as indicated). 10. Attached hereto as Exhibit “ L”, and hereby incorporated herein by this reference, are 1) true and correct printouts from the United States Trademark Trial and Appeal Board (“TTAB”) official website pertaining to Opposition Nos. 91167025, 91181946 and 91151848 filed on behalf of the Opposer, including the prosecution histories and N0tice(s) of Opposition filed in each such action; and 2) true and correct printouts from the United States Patent and Trademark Office (“USPTO”) official website consisting of applicant registration files for Serial Nos. 78344938 (“Scoop Dogg”), 77160324 (“Scoop Dogg by Buyers”) and 75525100 (“Coop Dog”), obtained as of September 20, 2008. 5. Attached hereto as Exhibit “ M”, and hereby incorporated herein by this reference, are 1)true and correct printouts from the TTAB official website consisting of the prosecution histories for Opposition Nos. 91124741, 91120110, 91125108 and 91124678, filed on behalf of the Opposer; and 2) true and correct printouts from the USPTO official website, consisting of applicant registration files for Serial Nos. 76127936 (“Snoop Dogg Scanner”), 75432236 (“Doggie Style”), 76109618/76109619 (“Snoopstar”), obtained as of September 20,2008. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 2? In day of September, 2008 ,. at Castro ‘Valley, California, USA /.22 JON L. DUMAN l)lECLARATlON(S) IN SUPPORT OF INTERNET l3\’ll)l§NCli 1 i 1 I l 9 V 5 CERTIFICATE OF SERVICE The undersigned hereby certifies under penalty of perjury that I caused the attached DECLARATION(S) IN SUPPORT OF INTERNET EVIDENCE to be delivered, on September 29, 2008, via First Class U.S. Mail, in care of Opposer’s counsel of record, Michael Chiappetta, Esq., at: Fross, Zelnick, Lehrman & Zissu, P.C., 866 United Nations Plaza, New ‘York, NY 10017 Dated: September 29, 2008, JON L. DUMAN, Esq. DECLAR/-\TlON(S) IN SUPPORT (IF INTERNET EVIDENCE‘ I I it I 6 EXHIBIT “A” Web _lma_cL_es §n_l«'fl meter l |[1j‘.-‘Agcoiigt|§ign oyt G0: 2gl€ l"“—’“—““‘““mw Search A lfideo images Res-Lilts 1 - 10 ofabout 25,000,000 for "mg " (0.14 seconds)- Rae 5i.:ri3ora.'l uni .€~i.-ai~sr.zrerj L'ri~'s lylll'3l' —-UL min Listen to Latest Music. Watch Concerts & Other Live Performances. 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