Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA114868
`ESTTA Tracking number:
`12/15/2006
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`Sazerac Company, Inc.
`01/10/2007
`
`803 Jefferson Highway
`New Orleans, LA 70152
`UNITED STATES
`
`Attorney
`information
`
`Heather Dunn Navarro
`Cooley Godward Kronish LLP
`Five Palo Alto Square 3000 El Camino Real
`Palo Alto, CA 94306
`UNITED STATES
`trademarks@cooley.com, hdnavarro@cooley.com Phone:650-843-5000
`Applicant Information
`
`09/12/2006
`01/10/2007
`
`78694527
`12/15/2006
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition
`Period Ends
`International Trade Technologies LLC
`5 Centennial Road
`Livingston, NJ 07039
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 033.
`All goods and sevices in the class are opposed, namely: Distilled Spirits
`
`Attachments
`
`RUSSE TAVERNA.pdf ( 5 pages )(210837 bytes )
`
`Signature
`Name
`Date
`
`/hdn/
`Heather Dunn Navarro
`12/15/2006
`
`
`ESTTA114868
`ESTTA Tracking number:
`12/15/2006
`
`Filing date:
`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
`Granted to Date
`of previous
`extension
`Address
`
`Sazerac Company, Inc.
`01/10/2007
`
`803 Jefferson Highway
`New Orleans, LA 70152
`UNITED STATES
`
`Attorney
`information
`
`Heather Dunn Navarro
`Cooley Godward Kronish LLP
`Five Palo Alto Square 3000 El Camino Real
`Palo Alto, CA 94306
`UNITED STATES
`trademarks@cooley.com, hdnavarro@cooley.com Phone:650-843-5000
`Applicant Information
`
`09/12/2006
`01/10/2007
`
`78694527
`12/15/2006
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`Publication date
`Opposition
`Period Ends
`International Trade Technologies LLC
`5 Centennial Road
`Livingston, NJ 07039
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 033.
`All goods and sevices in the class are opposed, namely: Distilled Spirits
`
`Attachments
`
`RUSSE TAVERNA.pdf ( 5 pages )(210837 bytes )
`
`Signature
`Name
`Date
`
`/hdn/
`Heather Dunn Navarro
`12/15/2006
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of application Serial No. 78/694,527
`For the Trademark RUSSE TAVERNA
`
`Published in the Official Gazette on September 12, 2006
`
`Opposition No.
`
`) )
`
`) )
`
`) )
`
`)
`
`) )
`
`) )
`
`SAZERAC COMPANY, INC.
`
`Opposer,
`
`V.
`
`INTERNATIONAL TRADE
`TECHNOLOGIES LLC
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Opposer Sazerac Company, Inc. (“Sazerac”), a Louisiana corporation having its principal
`
`place of business at 803 Jefferson Highway, New Orleans, Louisiana 70152, will be damaged by
`
`the issuance of a registration for the mark RUSSE TAVERNA (the “Applicant’s Mark”), as
`
`applied for in Application Serial No. 78/694,527 filed on August 17, 2005 by Applicant
`
`International Trade Technologies LLC, a limited liability company organized in New Jersey
`
`(“Applicant”).
`
`Sazerac, having previously been granted an extension of time to oppose
`
`Applicant’s Mark, hereby opposes same.
`
`As grounds for opposition, Sazerac alleges:
`
`l.
`
`Sazerac markets and sells a number of different types and brands of alcoholic
`
`beverages and distilled spirits, including vodkas, gins and whiskeys. Sazerac has marketed and
`
`sold alcoholic beverages and distilled spirits in the United States for over a century.
`
`743162 V‘l/PA
`
`
`
`2.
`
`Sazerac owns the following registrations for CROWN RUSSE in the United
`
`States:
`
`CROWN RUSSE (Reg. No. 0889145), issued April 7, 1970 for “vodka;” and
`
`CROWN RUSSE (Reg. No. 1684614), issued April 28, 1992 for “gin.”
`
`3.
`
`Sazerac has consistently and continually distilled, marketed, sold or otherwise
`
`distributed its CROWN RUSSE branded products in the United States since 1940. By virtue of
`
`its efforts and by virtue of the excellence of its products, the public has come to know, rely on,
`
`and recognize the CROWN RUSSE marks as source identifiers for Sazerac’s vodka and gin
`
`products, and Sazerac has gained valuable reputation and a substantial amount of goodwill
`
`through the use and recognition of the CROWN RUSSE marks.
`
`4.
`
`Upon information and belief, Sazerac alleges that on August 17, 2005 Applicant
`
`filed an Application to register the mark RUSSE TAVERNA on an intent to use basis (Section
`
`l(b)). Applicant seeks registration in connection with “distilled spirits.”
`
`5.
`
`Applicant’s Mark is likely to be confused with and mistaken for Sazerac’sl
`
`CROWN RUSSE products because Applicant”s Mark is confusingly similar in sight and sound
`
`to Sazerac’s CROWN RUSSE marks.
`
`6.
`
`Applicant’s Mark is used in connection with products that are related to and
`
`overlap with Sazerac’s products. The customers of Applicant’s distilled spirits overlap with the
`
`customers of Sazerac’s alcoholic beverages and distilled spirits, including vodkas and gins.
`
`7.
`
`1n addition to overlapping consumer bases, Applicant’s intended channels of trade
`
`of Applicant’s product overlaps with the channels of trade of Sazerac’s alcoholic beverages and
`
`distilled spirits products, including vodka and gin.
`
`743l62 vl/PA
`
`
`
`8.
`
`If Applicant is permitted to register Applicant’s Mark for the goods specified in
`
`the Application herein opposed, confusion resulting in damage and injury to Sazerac would
`
`likely occur. Persons familiar with Sazerac’s marks would likely perceive Applicanfs distilled
`
`spirits marketed and sold under Applicant’s Mark as associated or affiliated with or sponsored by
`
`Sazerac. Such confusion would inevitably result in damage to Sazerac.
`
`9.
`
`Customers of Sazerac’s products and the
`
`relevant public are
`
`likely to
`
`misapprehend App1icant’s Mark as a Sazerac mark rather
`
`than an International Trade
`
`Technologies LLC mark and/or believe in error that goods offered under the RUSSE TAVERNA
`
`mark are offered by or in association with or under license from Sazerac.
`
`10.
`
`Any defect, objection to or fault found with Applicant’s goods marketed under the
`
`RUSSE TAVERNA mark would necessarily reflect on and seriously injure the reputation that
`
`Sazerac has established for its alcoholic beverages and distilled spirits.
`
`11.
`
`Sazerac’s CROWN RUSSE mark has become famous and distinctive as a result
`
`of its forty-six years of use in commerce.
`
`12.
`
`If permitted to register, Applicant’s RUSSE TAVERNA mark is likely to cause
`
`dilution by blurring Sazerac’s CROWN RUSSE mark.
`
`13.
`
`Registration of Applicant’s Mark would give Applicant prima facie evidence of
`
`the validity and ownership of Applicant’s Mark and of Applicant’s exclusive right to use
`
`Applicant’s Mark, all to the detriment of Sazerac.
`
`743l62 vl/PA
`
`
`
`l4.
`
`Wherefore, Sazerac prays that this Opposition be sustained and that Application
`
`Serial No. 78/694,527 be denied and refused registration.
`
`Date: December§§2006
`
`COOLEY GODWARD KRONISH LLP
`
`
`_,
`,
`5
`By: 5
`Hether Dunn Navarro, Esq.
`Attorneys for Applicant
`Five Palo Alto Square
`3000 El Camino Real
`
`Palo Alto, California 94306-2155
`
`(650) 843-5000
`
`743162 vl/PA
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December;:j;‘:g/2006, I mailed the foregoing NOTICE OF OPPOSITION
`
`regarding Sazerac Company,
`
`Inc. V. International Trade Technologies LLC to Counsel for
`
`Applicant by depositing a true and correct copy of the same with the United States Postal
`
`Service, first class mail, postage prepaid, in an envelope addressed to:
`
`Stephen L. Baker, Esq.
`Baker & Rannells PA
`
`626 N. Thompson Street
`Raritan, NY 08869-1343
`
`Date: December ;__f_3, 2006
`
`; /I
`
`743162 vl/PA
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