Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1030611 Filing date: 01/22/2020 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91220846 Party Defendant Lawson's Finest Liquids, LLC Correspondence DANIEL CHRISTOPHERSON Address LEHRMAN BEVERAGE LAW PLLC 2911 HUNTER MILL RD, STE 303 OAKTON, VA 22124-1719 UNITED STATES [email protected], [email protected], trade- [email protected] 202-449-3739 x 708 Submission Testimony For Defendant Filer's Name Daniel Christopherson Filer's email [email protected] Signature /Daniel Christopherson/ Date 01/22/2020 Attachments Lawson Dec.pdf(105377 bytes ) Exhibits - Redacted.pdf(1902630 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD W. CLAY MACKEY, Opposer, Opposition No. 91220846 v. Application Serial No. 86/299,655 LAWSON’S FINEST LIQUIDS, LLC a Mark: CHINOOKER’D IPA Vermont limited liability company, Filing Date: 6/4/2014 Applicant, Counterclaimant v. W. CLAY MACKEY, Counterdefendant. DECLARATION OF SEAN LAWSON Pursuant to 28 U.S.C. § 1746, I, Sean Lawson, make the following declaration for use in the above-captioned case: 1. My name is Sean Lawson, and I am of legal age, and competent to give this declaration and I make this declaration on the basis of my personal knowledge. 2. I have personal knowledge of the facts stated herein and the information is based on that personal knowledge. 3. I am the managing member of The Beer Guy, LLC (“TBG”), a Vermont limited liability company, which was registered as a limited liability company on June 29, 2008. Page 1 of 5 4. I am the founder and Chief Executive Officer of Lawson’s Finest Liquids, LLC (“LFL”), a Vermont limited liability company, which was registered as a limited liability company on June 5, 2006. As copy of LFL’s Certificate of Organization is attached hereto as Exhibit 1. 5. TBG is a wholesale distribution company, the subject of Vermont distributor license number 06529001, which was issued by the Vermont Department of Liquor and Lottery, Division of Liquor Control (“DLC”) on February 28, 2008. TBG also hold federal wholesaler’s permit number VT-P-15012. 6. LFL is a federally and state licensed brewery, the subject of DLC malt manufacturer’s licenses number 06512-001, which was issued on January 29, 2008, number 06512002, which was issued on June 13, 2010, number 06512006, which was issued on September 21, 2018, and number 06512008, which was issued on October 8, 2018. LFL holds brewer’s notices with the registry numbers BR-VT-20165 and BR-VT-LAW-15000, which was issued on January 15, 2008. A copy of federal brewer’s notice BR-VT-LAW- 15000 is attached hereto as Exhibit 2. A copy of Vermont manufacturer’s license 06512- 001 is attached hereto as Exhibit 3. 7. LFL has continuously produced and sold beer since 2008, including an India pale ale style of beer called CHINOOKER’D. Additional evidence of early sales is attached hereto as Exhibit 6, including: a beer list from the 2007 New England Regional Homebrewer’s Competition where I entered CHINOOKER’D and won first place in the IPA category for the beer; LFL’s list and description of beers and a no charge invoice for beers entered into the Great American Beer Festival in Denver, CO in 2008; a pour list from the 2008 Vermont Brewer’s Festival, menus from the Waistfield Farmer’s Market Page 2 of 5 from 2008-2009; tastings conducted at the Warren Store beer store in Warren, Vermont from 2009-2010; a pour menu from LFL’s 1st anniversary party in 2009; and a pour menu from LFL’s 2nd anniversary party in 2010. 8. TBG has been selling LFL’s CHINOOKER’D to beer retailers since 2008. Invoices for sales to retailers are attached as Exhibit 4. 9. LFL has assumed managerial control over its profile page on the social media website Untappd, which is available at https://untappd.com/LawsonsFinestLiquids, including the profile for LFL’s beer, CHINOOKER’D, which is available at https://untappd.com/b/lawson-s-finest-liquids-chinooker-d-ipa/14224. As of the date of this declaration, there are currently 18,277 total user check-ins for this beer by 15,449 unique users. I have attached as Exhibit 5 a true and correct copy of a screenshot of the product page for CHINOOKER’D from the website Untappd. 10. Chinook is the name of one of the most popular varieties of hops used by craft breweries throughout the United States. 11. LFL’s recipe for its CHINOOKER’D includes a significant amount Chinook hops, which gives the beer its signature flavor. Since I began producing this product, I have purchased Chinook hops from Country Malt Group and Yakima Chief Hops Inc. The product page for this product from this company is attached as Exhibit 9. 12. Chinook hops are the namesake for the CHINOOKER’D brand name. 13. LFL has sold beer under the CHINOOKER’D mark since at least as early as 2008, distributing beer throughout the state of Vermont to retailers through The Beer Guy, LLC. Page 3 of 5 14. Despite continuously selling beer under the name CHINOOKER’D since 2008, LFL has never witnessed any consumer being confused as to the source of the beer being related to any of wine product, let alone with Chinook Wines. 15. Several craft brewers use the term CHINOOK as part of brand names for beer, such as CHINOOK IPA or the like. 16. Many craft brewers use the term CHINOOK as a reference to the “Chinook IPA” category of beers. 17. CHINOOKER’D has been featured in several national and regional craft beer publications: a. McMorrow, Paul. “9 Steps to Beerdom.” Beeradvocate Magazine: Going Pro, Jan 2013, Issue 72, pp. 34-36. Article attached hereto as Exhibit 7. b. Kowalski, Paul. “A Study of Lawson’s Finest Liquids.” Yankee Brew News, June/July 2010, Vol. 21 Number 3, pp. 1, 10-11. Article attached hereto as Exhibit 8. 18. Many craft brewers incorporate the variety of hops featured in their beer into their product names as puns or otherwise. 19. Countless other brewers provide a generic list of hop names, including chinook hops in a list of hops included in the beer. 20. LFL’s beers, including CHINOOKER’D, are highly regarded and are sought out by craft beer consumers throughout the country. 21. LFL’s CHINOOKER’D beer is currently ranked as the 49th best American IPA out of 38,505 entries on the craft beer enthusiast website Beer Advocate. See Exhibit 10. Page 4 of 5 Accordingly, pursuant to 28 U.S.C. § 1746(2), “I declare under penalty of perjury that the foregoing is true and correct. Executed on ___January 21, 2020__________ ___ _ Sean Lawson Page 5 of 5 EXHIBIT 1 STATE OF VERMONT OFFICE OF SECRETARY OF STATE The Office of Secrelary of State hcrcbytmnts a Certifi cate of Orga0ization to LAWSON'S FINEST LIQUIDS, LLC a Vermont dqmestic LLC, €ffective os Junc 5, 2006. June 5, 2006 Given undcr my hand and the seal ofthe State ofvermont, at Monlpelier, tlle State Capital r/b "./-"// DeboEh L. Markowitz Secrctary of State ?OCB JAN 15 -- I RTCEIVED FOF'FILING --_ LFL0000201 EXHIBIT 2 CONFIDENTIAL - REDACTED EXHIBIT 3 CONFIDENTIAL - REDACTED EXHIBIT 4 CONFIDENTIAL - REDACTED EXHIBIT 5 1/16/2020 Chinooker'd IPA - Lawson's Finest Liquids - Untappd The Pub Top Rated Supporter Find Help a beer, brewery or bar... Recent Activity My Profile Personal Stats TOTAL ? UNIQUE ? Beer History Propose Edit 18,277 15,449Friends Lists Propose Duplicate MONTHLY ? YOU Badges Chin… Venues 15 0 Account Settings IPA Logout Loyal Drinkers ? Lawson's Finest Liquids IPA - American 6.5% No 13,868 ABV IBU 4.02 Ratings Our traditional American IPA recipe is chock-full of Chinook hops bursting with pine and citrus aromas. Firm bitterness and a balanced malt profile gives way Similar Beers to waves of flavor. Show Less Hopzilla Lawson's Finest Liquids Double Sunshine Lawson's Finest Liquids SEE ALL Limbo IPA Long Trail Brewing Company Global RecentSort by:Activity Global Friends You Dialed-Up w/ Mosaic & R… Trillium Brewing Company Super Sessions IPA #6 … Mark M. is drinking a Lawson's Finest Liquids Chinooker'd IPA by Lawson's Finest Liquids at Lawson’s Finest Liquids Nearby Verified Locations Purchased at Lawson’s Finest Sobo Liquors Liquids Denver, CO Can https://untappd.com/b/lawson-s-finest-liquids-chinooker-d-ipa/14224 1/12 1/16/2020 Chinooker'd IPA - Lawson's Finest Liquids - Untappd Popular Locations The Pub Top Rated Supporter Find Help a beer, brewery or bar... Earned the Cheers to Recent Activity Home Association of Mc… Independent U.S. Craft My Profile McSherrystown, PA Breweries Level 37 badge! Personal Stats Beer History Lawson’s Finest Liquids Friends Lists Waitsfield, VT Earned the Bar Explorer Badges Level 2 badge! Venues Account Settings Logout Earned the Middle of the Road Level 25 badge! Earned the I Believe in IPA! Level 15 badge! Tagged Friends 13 Jan 20 View Detailed Check-in Bob Q. is drinking a Chinooker'd IPA by Lawson's Finest Liquids Can https://untappd.com/b/lawson-s-finest-liquids-chinooker-d-ipa/14224 2/12 1/16/2020 Chinooker'd IPA - Lawson's Finest Liquids - Untappd 12 Jan 20 View Detailed Check-in The Pub Top Rated Supporter Find Help a beer, brewery or bar... Recent Activity 1 My Profile Personal Stats Beer History Friends Lists Badges Venues Account Settings Logout Jeff Q.