Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA841480 Filing date: 08/23/2017 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 Crowhaven Productions, LLC Granted to Date 08/23/2017 of previous ex- tension Address 5803 Skylane Blvd., Ste C Windsor, CA 95492 UNITED STATES Attorney informa- Warren L. Dranit tion Spaulding McCullough & Tansil LLP 90 South E Street Suite 200 Santa Rosa, CA 95404 UNITED STATES Email: [email protected] Phone: 707 524 1900 Applicant Information Application No 87245127 Publication date 04/25/2017 Opposition Filing 08/23/2017 Opposition Peri- 08/23/2017 Date od Ends Applicant Currie, James 708 Gravenstien Hwy. N. #59 Sebastopol, CA 95472 UNITED STATES Goods/Services Affected by Opposition Class 041. First Use: 2010/01/01 First Use In Commerce: 2010/01/01 All goods and services in the class are opposed, namely: Entertainment services in the nature ofpro- duction of a television show Applicant Information Application No 87281506 Publication date 05/09/2017 Opposition Filing 08/23/2017 Opposition Peri- Date od Ends Applicant Currie, James 708 Gravenstien Hwy. N. #59 Sebastopol, CA 95472 UNITED STATES Goods/Services Affected by Opposition Class 041. First Use: 2011/01/01 First Use In Commerce: 2011/01/01 All goods and services in the class are opposed, namely: Entertainment services, namely, a continu- ing horror show broadcast over television and the internet Grounds for Opposition The mark is merely descriptive Trademark Act Section 2(e)(1) The mark is generic Trademark Act Sections 1, 2 and 45 The mark is not inherently distinctive and has not Trademark Act Sections 1, 2 and 45; and Section acquired distinctiveness 2(f) Other No lawful use of designation in commerce (Trademark Act Section 1). Designations are merely informational matter (Trademark Act Sec- tion 1). Attachments Notice of Opposition - Creature Features.pdf(209652 bytes ) Signature /wld/ Name Warren L. Dranit Date 08/23/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of Application Serial No. 87245127 For the mark: CREATURE FEATURES Published in the Official Gazette on April 25, 2017 In the matter of Application Serial No. 87281506 For the mark: WATCH HORROR FILMS KEEP AMERICA STRONG! Published in the Official Gazette on May 9, 2017 CROWHAVEN PRODUCTIONS LLC, Opposer, Opposition No. ________________ v. JAMES CURRIE Applicant. NOTICE OF OPPOSITION Crowhaven Productions LLC, a limited liability company organized and existing under the laws of the State of California, (hereinafter "Opposer" or “Crowhaven Productions”) believes it will be damaged by registration on the Principal Register of the mark CREATURE FEATURES (Ser. No. 87245127) and the mark WATCH HORROR FILMS KEEP AMERICA STRONG! (Ser. No. 87281506), and hereby opposes the same. As grounds of opposition it is alleged that: 1. Since the 1960s, broadcasters throughout the United States and the world have broadcast a genre of show referred to as “Creature Features” where the host of the -1- show plays a known horror, fantasy or science fiction movie and provides commentary about the movie, either individually or along with guests on the show. 2. On information and belief, the Creature Features genre of shows have been broadcast in many locations throughout the United States including, without limitation, the following cities: a. WNEW-Channel 5 (New York City) b. WKBG-Channel 56 (Boston) c. WUTV-Channel 29 (Buffalo) d. WKBS-Channel 48 (Philadelphia) e. WGN-Channel 9 and WFLD-Channel 32 (Chicago) f. KBSI-Channel 23 (Cape Girardeau,Missouri) g. WTOG-Channel 44 (Tampa/St.Petersburg) h. WCIX-Channel 6 (Miami/Ft. Lauderdale) i. KTVU-Channel 2 (Oakland) j. WDCA-Channel 20 (Washington, D.C.) k. KMTV-Channel 3 (Omaha) l. WQAD-Channel 8 (Quad Cities) m. KSHB-Channel 41 (Kansas City) n. WSJV-Channel 28 (South Bend, Indiana) o. WKBD-Channel 50 (Detroit) 3. Current “Creature Features” programming includes, without limitation, the following: a. WGN-TV – Channel 9 (Chicago) b. WOWT – NBC –Channel 6 (Omaha) Dr. Sanguninary -2- c. OSI74 – (North Carolina) Ormon Gromsby d. OSI74 – (Missouri) Misty Brew e. Vimeo – (Washington DC) Count Gore De Vol f. KOFY – Channel 20 (San Francisco) g. IFC Films – IFC Midnight (Cable) h. PBS – Nationwide – PBS Kids – Chris & Martin i. ABC27 – Channel 27 (Harrisburg) Weekly news special 4. The Creature Features genre is one of the most popular formats for horror shows in the United States. Creature Features programming has been televised in almost 100 cities nationwide, throughout the 1960s to the 1990s, with more than 6,000 broadcasts aired, and more than 4,500 movies shown. This makes Creature Features programming the most prolific horror show format in U.S. television history. 5. In the 1970s, the Creature Features production on Channel 2 in Oakland, CA was hosted by Bob Wilkins. Mr. Wilkins’ show was successful and built a large audience in Northern California. For many consumers of horror, fantasy and science-fiction movies, Mr. Wilkins remains associated with the Creature Features genre. 6. For the show, Mr. Wilkins coined the phrase: WATCH HORROR FILMS, KEEP AMERICA STRONG! It was a key element of the production including a sign which was regularly viewable by the audience: -3- This slogan was, and remains, associated by consumers with the Creature Features genre. 7. Both CREATURE FEATURES and WATCH HORROR FILMS KEEP AMERICA STRONG! continue to be well known to consumers of horror, fantasy and science fiction shows as a designation for a genre or type of entertainment production. 8. Consistent with this ongoing popularity, in 2008 a documentary was created about the Creature Features genre of programming with a focus on Mr. Wilkins and his show broadcast from Oakland, California. The title of the documentary is "Watch Horror Films, Keep America Strong! - A Journey Into Creature Feature" and features interviews with Mr. Wilkins and other key figures close to the show, as well as classic clips: The documentary continues to be regularly broadcast to this day. 9. Opposer Crowhaven Productions is a company based in Windsor, California that produces a wide variety of entertainment programming. -4- 10. Since 2016, Crowhaven Productions has been producing a series of shows that are broadcast on television and available for streaming on the internet where CREATURE FEATURES and WATCH HORROR FILMS KEEP AMERICA STRONG! is used to describe the program it broadcasts to viewers. Use of each of these terms or phrases allows consumers of horror, fantasy and science fiction shows to readily identify the nature and format of the programming. 11. That is, along with other broadcast channels and the many fans of the genre throughout the United States, Crowhaven Productions uses both CREATURE FEATURES and WATCH HORROR FILMS KEEP AMERICA STRONG! to describe and identify its programming. 12. On information and belief, James Currie is an individual living in Sonoma County, California, with a mailing address of 708 Gravenstien Hwy. N. #59, Sebastopol, California 95472 (“Applicant”). 13. On November 22, 2016, Applicant filed an application to register CREATURE FEATURES on the U.S. Principal Register for use in connection with “Entertainment services in the nature of production of a television show” (the “CF Application”). The CF Application has been assigned Serial No. 87245127. 14. On December 27, 2016, Applicant filed an application to register WATCH HORROR FILMS KEEP AMERICA STRONG! on the U.S. Principal Register for use in connection with “Entertainment services, namely, a continuing horror show broadcast over television and the internet” (the “WHF Application”). The WHF Application has been assigned Serial No. 87281506. -5- 15. The CF Application and the WHF Application are collectively referred to as “Applicant’s Applications” in this Notice of Opposition. 16. Applicant is using both the CREATURE FEATURES designation and the WATCH HORROR FILMS KEEP AMERICA STRONG! designation in connection with a production that follows the Creature Features genre of productions (collectively, “Applicant’s Programming”). 17. The CF Application was published for opposition on April 25, 2017. 18. Opposer timely obtained two extensions of time to oppose the CF Application. The deadline to oppose was extended to August 23, 2017. 19. The WHF Application was published for opposition on May 9, 2017. 20. Opposer timely obtained two extensions of time to oppose the CF Application. The deadline to oppose was extended to September 6, 2017. 21. Opposer has timely filed the instant opposition against Applicant’s Applications. Applicant’s Designations are Generic 15 U.S.C. §1052(e)(1) 22. Opposer repeats and re-alleges each and every allegation contained in paragraphs 1- 21, inclusive, as if fully recited in this paragraph. 23. On information and belief, both CREATURE FEATURES and WATCH HORROR FILMS KEEP AMERICA STRONG!, both individually and together, have a readily apparent meaning of identifying a genre of show. 24. On information and belief, CREATURE FEATURES and WATCH HORROR FILMS KEEP AMERICA STRONG! are each perceived by the relevant consuming public, namely, those who watch horror, fantasy or science fiction movies, as a generic name for a type of entertainment production. -6- 25. On information