I, Youlmae Lee, declare as follows:
`
`1.
`
`I am a product manager at Ivy Enterprises, Inc. (“Ivy”). Ivy is an
`
`affiliate of KISS Nail Products, Inc. (“KISS”). I am at least 18 years of age, and I
`
`make this declaration of my own personal knowledge and recollection. If called
`
`upon to do so, I believe that I could testify competently to all of the matters contained
`
`herein. I started at KISS in 2013 as an assistant product manager. I then transferred
`
`to IVY approximately three years ago and became a product manager there in 2018.
`
`During the relevant time period (July and August of 2015), I was employed as an
`
`assistant product manager at KISS.
`
`2.
`
`As a part of my duties as an assistant product manager at KISS, I was
`
`responsible for launching new products. In particular, I was responsible for helping
`
`launch the iEnvy Quattro false eyelash product around July/August of 2015.
`
`3.
`
`By 2015, iEnvy was a well-known brand-name used by KISS to market
`
`various false eyelash products. That brand-name has been used by KISS to market
`
`eyelash products since prior to July/August 2015, and appears on the Principal
`
`Trademark Register of the USPTO under Registration Number 3941136.
`
`4.
`
`On August 18, 2015, I uploaded an instructional video that taught
`
`customers how to apply the KISS Quattro false eyelashes (“Quattro Video”). The
`
`Quattro Video was made publicly available on that date on YouTube under the name
`
`“How to apply iENVY Quattro collection eyelashes” and has remained publicly
`
`
`
`1
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 1 of 9
`
`
`
`1.
`
`I am a product manager at Ivy Enterprises, Inc. (“Ivy”). Ivy is an
`
`affiliate of KISS Nail Products, Inc. (“KISS”). I am at least 18 years of age, and I
`
`make this declaration of my own personal knowledge and recollection. If called
`
`upon to do so, I believe that I could testify competently to all of the matters contained
`
`herein. I started at KISS in 2013 as an assistant product manager. I then transferred
`
`to IVY approximately three years ago and became a product manager there in 2018.
`
`During the relevant time period (July and August of 2015), I was employed as an
`
`assistant product manager at KISS.
`
`2.
`
`As a part of my duties as an assistant product manager at KISS, I was
`
`responsible for launching new products. In particular, I was responsible for helping
`
`launch the iEnvy Quattro false eyelash product around July/August of 2015.
`
`3.
`
`By 2015, iEnvy was a well-known brand-name used by KISS to market
`
`various false eyelash products. That brand-name has been used by KISS to market
`
`eyelash products since prior to July/August 2015, and appears on the Principal
`
`Trademark Register of the USPTO under Registration Number 3941136.
`
`4.
`
`On August 18, 2015, I uploaded an instructional video that taught
`
`customers how to apply the KISS Quattro false eyelashes (“Quattro Video”). The
`
`Quattro Video was made publicly available on that date on YouTube under the name
`
`“How to apply iENVY Quattro collection eyelashes” and has remained publicly
`
`
`
`1
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 1 of 9
`
`
`
`available
`
`on
`
`YouTube
`
`since
`
`that
`
`date
`
`at
`
`the
`
`URL
`
`https://www.youtube.com/watch?v=kW-ovlGoCmc. A screenshot of the Quattro
`
`Video on YouTube is shown in Attachment A. I uploaded the Quattro Video under
`
`the channel name iENVYbyKISS. The channel name is shown in Attachment A.
`
`5.
`
`Once the video was made publicly available in August 2015, the
`
`Quattro Video could be located by searching in YouTube for the iENVYbyKISS
`
`channel, and/or by other keyword searching. For instance, the video is currently
`
`returned among the top results by YouTube for the search query: “iEnvy lash
`
`sections”.
`
`6.
`
`David Yoo, a multimedia team manager at KISS, created the video and
`
`shared it with me via a photo server. The video file was originally on the photo
`
`server and was then transferred to the NAS3 server. The internal servers allow KISS
`
`employees to share large files with other KISS personnel. Attachment B shows the
`
`Quattro Video file as stored on the NAS3 server. Attachment B also shows
`
`metadata for the Quattro Video file such as the name of the file, the size of the file,
`
`the date the file was created, and the date the file was last modified.
`
`7.
`
`I
`
`confirm
`
`that
`
`the
`
`video
`
`file
`
`“MM15_470_LPU_iENVY_Quattro_collection_how_to_video_v3.mov,” as shown
`
`in Attachment B and reproduced below, is the Quattro Video that I received from
`
`David Yoo and that I subsequently uploaded to YouTube.
`
`
`
`2
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 2 of 9
`
`
`
`
`
`In the name of the video file, “MM15” stands for a multimedia project created in the
`
`year 2015; “470” is the internal numerical name of the project; “LPU” stands for the
`
`Lash Product Unit; “iENVY_Quattro_collection_how_to_video” is a description of
`
`the project; “v3” means this was the edited version of the video; and “.mov” is the
`
`type of file.
`
`8.
`
`I confirm that the metadata on the video file, as shown in Attachment
`
`B, is correct. I confirm that this is the video file David Yoo shared with me and that
`
`I uploaded to YouTube under the channel name iENVYbyKISS. I confirm that the
`
`YouTube video on the KISS Quattro false eyelashes (shown in Attachment A) is
`
`the same Quattro Video that David Yoo created and shared with me and that I
`
`subsequently uploaded to YouTube.
`
`
`
`
`
`3
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 3 of 9
`
`
`
`Declaration
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing
`
`and correct. I hereby declare that all statements
`
`made herein of my own knowledge are true and all statements made on
`
`information and belief are believed to be true. I further understand that willful false
`
`statements and the like are punishable by fine or imprisonment, or both under
`
`Section 1001 of Title 18 of the United States Code.
`
`Executed on December
`
`4
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 4 of 9
`
`
`
`Attachment A
`
`
`
`
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 5 of 9
`
`
`
`
`
`1
`
`Q How to apply iENVY Quattro cc X
`
`+
`
`— CO
`
`fiyoutube.com/watch?v=kW-ovIGoCmc
`
`0YouTube
`
`search
`
`
`
`HOW TO APPLY
`
`E NVY
`. .attro
`ashes
`
`I 4) 0:00/1:12
`
`How to apply iENVY Quattro collection eyelashes
`
`2,278 views • Aug 18, 2015
`
`IENVYbyKISS
`412 subscribers
`
`lip 20
`
`0 A SHARE F+ SAVE
`
`...
`
`a
`
`
`
`
`
`
`
`ENVY Quattro collection lashes are created in four sections so you can quickly add in just one or
`two for segmented volume, or all four clusters for the ultimate strip lash look.
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 6 of 9
`
`
`
`Attachment B
`
`
`
`
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 7 of 9
`
`
`
`
`
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`1
`
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 8 of9
`
`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 8 of 9
`
`
`
`E MM15 4m LPU iENW Qu...
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`519.21.!”
`MM'1E_I|I?D_LPU_iEN...
`Msd'fisd: August ‘3. 2015 a: 11-19 2"..-'|
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`Statiflnflr'y' pad
`Locked
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`Mars Info:
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`Name E. Extension:
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`MM15_4?fl_LF‘U_iEN"I-I"Y_Quattru_+:nllect
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`Cnmmsnts:
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`
`: QuickTims mmris
`: 519,201,41'3 bytes (519.2 MB
`on disk}
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`: Cumplstsd - 2515 . 1iI'IIIZIIEiZ'!
`MM15_4?fl_LPU_iENV‘r_Dusttrn-_c
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`: August 13, 2015 at 1:49 PM
`: August 15, 2515 at 1:49 PM
`
`Sharing s Psnnissiuns:
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`
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`2
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`
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`KISS Nail Products, Inc.
`PGR2021-00046
`Exh. 1041, Page 9 of 9
`
`
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