Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA309990
`ESTTA Tracking number:
`10/06/2009
`
`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
`
`Mr.SeanCombs
`11/11/2009
`
`c/o Bad Boy Entertainment, Inc. 1710 Broadway, 6th Floor
`New York, NY 10019
`UNITED STATES
`
`Attorney
`information
`
`Robert A. Becker
`Fross Zelnick Lehrman & Zissu, P.C.
`866 United Nations Plaza
`New York, NY 10017
`UNITED STATES
`rbecker@frosszelnick.com Phone:212-813-5900
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`77688181
`10/06/2009
`
`Publication date
`Opposition
`Period Ends
`
`07/14/2009
`11/11/2009
`
`P.U.F Records
`312 Enfield Street
`Hartford, CT 06112
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 041.
`All goods and services in the class are opposed, namely: Multimedia entertainment services in the
`nature of recording, production and post-production services in the fields of music, video, and films
`
`Grounds for Opposition
`
`False suggestion of a connection
`Priority and likelihood of confusion
`
`Trademark Act section 2(a)
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3218344
`
`03/13/2007
`
`Word Mark
`Design Mark
`
`PUFFY
`
`Application Date
`
`09/17/1998
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2005/09/00 First Use In Commerce: 2005/09/00
`Providing a web site of information about entertainment, recording artists
`
`U.S. Registration
`No.
`Registration Date
`
`2266899
`
`08/03/1999
`
`Word Mark
`Design Mark
`
`PUFF DADDY
`
`Application Date
`
`05/14/1998
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1992/00/00 First Use In Commerce: 1992/00/00
`Musical sound recordings
`
`78725606
`
`Application Date
`
`10/03/2005
`
`Foreign Priority
`Date
`
`NONE
`
`NONE
`
`PUFFY
`
`NONE
`
`Class 003. First use:
`Fragrances for personal use, body and beauty care preparations; hair care
`preparations; cosmetics; non-medicated bath preparations; non-medicated skin
`care preparations
`Class 009. First use:
`A series of musical sound recordings; audio-visual recordings featuring music
`and musical based entertainment; downloadable audio-visual recordings
`featuring music and musical based entertainment; downloadable musical sound
`recordings; sunglasses, eyeglasses and eyeglass frames; audio equipment and
`accessories, namely, stereos, speakers, sub-woofers, power amplifiers, audio
`signal equalizers, digital audio media recorders, and digital audio media players,
`amplifiers for musical instruments and control devices for musical instruments,
`namely, volume control and Musical Instrument Digital Interfaces (MIDI) devices;
`cellular phones; cellular phone equipment and accessories, namely, phone
`
`

`
`cases, phone batteries, phone chargers, phone jacks, phone belt clips, phone
`antennas, hand-free kits, namely, hands-free kits consisting of devices for
`hands-free use of mobile phones, headsets and faceplates, cables; specialty
`holsters for carrying personal digital assistants and cellular phones; personal
`digital assistants; digital cameras; MP3 players and portable and handheld
`digital audio electronic players and computers for recording, organizing,
`transmitting, manipulating and reviewing audio files; personal digital assistants
`for use as portable telecommunications instant messaging devices
`Class 014. First use:
`Jewelry and watches
`Class 016. First use:
`Printed materials, namely, a series of nonfiction books about fashion,
`entertainment, popular culture, photography, social issues and charity; personal
`diaries; souvenir programs concerning a musical concert tour; nonmagnetic
`encoded telephone calling cards; party supplies, namely, paper napkins, paper
`gift wrap, paper party decorations and printed invitations, paper table cloths;
`desk supplies, namely, pencils, pens, erasers, notebooks and desk sets; leather
`agendas
`Class 018. First use:
`Handbags; pocketbooks; small leather articles, namely, wallets, key cases, coin
`purses and tote bags; small leather fashion and personal accessories, namely,
`purses, messenger bags and cosmetic and toiletry bags and cases sold empty;
`backpacks; sport bags
`Class 025. First use:
`Men's, women's and children's clothing, namely, jogging and running suits, polo
`shirts, pullovers, fleece pullovers, fleece jackets, soccer jerseys, sportshirts,
`rugby jerseys, suits, cloaks, overcoats, shorts, sweatpants, overalls, blouses,
`skirts, dresses, vests, rainwear, sleepwear, loungewear, swimwear, knit shirts, t-
`shirts, jackets excluding padded jackets, pants, shirts, coats, bandanas,
`sweatshirts, and screen-printed underwear and loungewear; footwear; headwear
`and fashion accessories, namely, belts, ties, gloves, scarves, socks, hosiery,
`underwear, men's briefs, boxer briefs, boxer shorts and women's lingerie
`Class 038. First use:
`Streaming of audio and visual recordings featuring music and musical based
`entertainment over a global computer network; webcasting services; providing
`online chat rooms and online bulletin boards for transmission of messages
`among users in the fields of music, entertainment, recording artists, music
`concerts, popular culture, fashion, design, music production;
`telecommunications services, namely, the electronic transmission of data, video,
`audio, information, text over wired and wireless telecommunications networks
`Class 041. First use: First Use: 2005/09/00 First Use In Commerce: 2005/09/00
`(Based on Use in Commerce) Entertainment services, namely, providing a
`website featuring information about entertainment, recording artists and popular
`culture; (Based on Intent to Use) Entertainment services, namely, live musical
`performances by an individual; providing a web site on a global computer
`network featuring information about music concerts
`Class 045. First use:
`Providing a website featuring fashion information
`
`Attachments
`
`75484940#TMSN.gif ( 1 page )( bytes )
`78725606#TMSN.jpeg ( 1 page )( bytes )
`Notice of Opposition - Sean Puffy Combs v. P.U.F. Records (F0523379).PDF (
`23 pages )(1694998 bytes )
`
`

`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/Robert Becker/
`Robert A. Becker
`10/06/2009
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Application Ser. No. 77/688,181
`Published July 14, 2009
`Opposer’s Reference: PFD USA TC—09/05092
`___________________________________________ __X
`
`Sean Puffy Combs,
`
`Opposer,
`
`Opposition No.
`
`- against -
`
`P.U.F Records,
`
`Applicant.
`__________________________________________ .._X
`
`NOTICE OF OPPOSITION
`
`Opposer, Sean Puffy Combs, an individual with an address c/o Bad Boy Entertainment,
`
`Inc., 1710 Broadway, New York, New York 10019, believes that he will be damaged by
`
`registration of the mark P.U.F RECORDS and Design, which is the subject of application Ser.
`
`No. 77/688,181, published in the Official Gazette of July 14, 2009, and hereby opposes same.
`
`As grounds for the opposition, Opposer alleges as follows:
`
`FACTS COMMON TO ALL CLAIMS
`
`1.
`
`Opposer is an entertainer, record producer, rapper, and entrepreneur who has been
`
`known worldwide under various names including PUFFY, PUFF, and PUFF DADDY since at
`
`least as early as 1997.
`
`2.
`
`Opposer is the owner of Reg. No. 3,218,344 for the mark PUFFY for “Providing a
`
`web site of information about entertainment, recording artists” in Class 41, registered March 13,
`
`(P0523005 1
`
`;
`
`

`
`2007. A TARR printout relating to this registration is attached as Exhibit A. This registration is
`
`valid and subsisting.
`
`3.
`
`Opposer is the owner of Reg. No. 2,266,899 for the mark PUFF DADDY for
`
`“musical sound recordings” in Class 9, registered August 3, 1999. A TARR printout relating to
`
`this registration is attached as Exhibit B. This registration is valid, subsisting, and incontestable.
`
`4.
`
`Opposer is the owner of application Ser. No. 78/725,606 for the mark PUFFY,
`
`filed on October 3, 2005, for “a series of musical sound recordings; audio-visual recordings
`
`featuring music and musical based entertainment; downloadable audio—visual recordings
`
`featuring music and musical based entertainment; downloadable musical sound recordings;
`
`sunglasses, eyeglasses and eyeglass frames; audio equipment and accessories, namely, stereos,
`
`speakers, sub-woofers, power amplifiers, audio signal equalizers, digital audio media recorders,
`
`and digital audio media players, amplifiers for musical instruments and control devices for
`
`musical instruments, namely, volume control and Musical Instrument Digital Interfaces (MIDI)
`
`devices; cellular phones; cellular phone equipment and accessories, namely, phone cases, phone
`
`batteries, phone chargers, phone jacks, phone belt clips, phone antennas, hand-free kits, namely,
`
`hands-free kits consisting of devices for hands-free use of mobile phones, headsets and
`
`faceplates, cables; specialty holsters for carrying personal digital assistants and cellular phones;
`
`personal digital assistants; digital cameras; MP3 players and portable and handheld digital audio
`
`electronic players and computers for recording, organizing, transmitting, manipulating and
`
`reviewing audio files; personal digital assistants for use as portable telecommunications instant
`
`messaging devices” in Class 9 (based on intent to use), “streaming of audio and visual recordings
`
`featuring music and musical based entertainment over a global computer network; webcasting
`
`services; providing online chat rooms and online bulletin boards for transmission of messages
`
`(FO523005 1 )2
`
`

`
`among users in the fields of music, entertainment, recording artists, music concerts, popular
`
`culture, fashion, design, music production; telecommunications services, namely, the electronic
`
`transmission of data, video, audio, information, text over wired and wireless telecommunications
`
`networks” in Class 38 (based on intent to use), “entertainment services, namely, providing a
`
`website featuring information about entertainment, recording artists and popular culture” (based
`
`on use in commerce since September 2005) and “entertainment services, namely, live musical
`
`performances by an individual; providing a web site on a global computer network featuring
`
`information about music concerts” (based on intent to use) in Class 41, and “providing a website
`
`featuring fashion information” in Class 45 (based on intent to use), as well as goods in Classes 3,
`
`14, 16, 18, and 25 (based on intent to use). A Notice of Allowance for this application issued on
`
`August 5, 2008. A TARR printout relating to this application is attached as Exhibit C.
`
`5.
`
`On March 11, 2009, Applicant filed application Ser. No. 77/688,181 to register
`
`the mark P.U.F RECORDS and Design for “Multimedia entertainment services in the nature of
`
`recording, production and post—production services in the fields of music, video, and films” in
`
`Class 41, based on intent to use, with RECORDS disclaimed.
`
`6.
`
`On information and belief, Applicant did not use the P.U.F RECORDS and
`
`Design mark for the subject services in the U.S. prior to March 11, 2009, the filing date of the
`
`subject application.
`
`COUNT ONE
`
`7.
`
`8.
`
`Opposer repeats and realleges the allegations set forth in W 1-6.
`
`The mark P.U.F RECORDS and Design sought to be registered by Applicant for
`
`the above services is so similar to Opposer’s names and marks PUFFY, PUFF DADDY, and
`
`PUFF for the goods and services set forth above and that are offered by or associated with
`
`(F0523005.l )3
`
`

`
`Opposer as to be likely to cause confusion or to cause mistake or to deceive. The first, dominant,
`
`and only non—generic word in Applicant’s mark, P.U.F, is pronounced the same as PUFF and
`
`almost the same as PUFFY and has a very similar appearance to PUFF and PUFFY. The
`
`services listed in the subject application, like many of the goods and services that are offered by
`
`or associated with Opposer and that are listed in Reg. No. 2,266,899, Reg. No. 3,218,344, and
`
`application Ser. No. 78/725,606, relate to audio and audio-visual entertainment. The types of
`
`services listed in the subject application are often marketed by the same entities that market the
`
`types of goods and services that are offered by or associated with Opposer or that are listed in
`
`Reg. No. 2,266,899, Reg. No. 3,218,344, and application Ser. No. 78/725,606. Thus, the
`
`services listed in the subject application are related to the goods and services that are offered by
`
`or associated with Opposer and that are listed in Reg. No. 2,266,899, Reg. No. 3,218,344, and
`
`application Ser. No. 78/725,606.
`
`9.
`
`Use of the mark sought to be registered by Applicant is likely to cause confusion
`
`or to cause mistake or to deceive the purchasing public by reason of Opposer’s PUFFY, PUFF,
`
`and PUFF DADDY marks and names, by creating the mistaken belief that Applicant’s services
`
`are approved, endorsed, or sponsored by Opposer, or that Opposer is the source of Applicant’s
`
`services, or that the services of Applicant are in some other way associated with Opposer, all to
`
`Opposer’s grave injury and harm.
`
`COUNT TWO
`
`10.
`
`1 1.
`
`Opposer repeats and realleges the allegations set forth in W 1-6.
`
`The mark P.U.F RECORDS and Design sought to be registered by Applicant for
`
`the above services is so similar to Opposer’s marks PUFFY and PUFF DADDY for the goods
`
`and services set forth above as to be likely to cause confusion or to cause mistake or to deceive.
`
`{FOS23005.l )4
`
`

`
`The first, dominant, and only non~generic word in Applicant’s mark, P.U.F, is pronounced
`
`almost the same as PUFFY and has a very similar appearance to PUFFY. The services listed in
`
`the subject application, like many of the goods and services listed in Reg. No. 2,266,899, Reg.
`
`No. 3,218,344, and application Ser. No. 78/725,606, relate to audio and audio-visual
`
`entertainment. The types of services listed in the subject application are often marketed by the
`
`same entities that market the types of goods and services listed in Reg. No. 2,266,899, Reg. No.
`
`3,218,344, and application Ser. No. 78/725,606. Thus, the services listed in the subject
`
`application are related to the goods and services listed in Reg. No. 2,266,899, Reg. No.
`
`3,218,344, and application Ser. No. 78/725,606.
`
`12.
`
`Use of the mark sought to be registered by Applicant is likely to cause confusion
`
`or to cause mistake or to deceive the purchasing public by reason of Opposer’s PUFFY and
`
`PUFF DADDY marks, by creating the mistaken belief that Applicant’s services are approved,
`
`endorsed, or sponsored by Opposer, or that Opposer is the source of Applicant’s services, or that
`
`the services of Applicant are in some other way associated with Opposer, all to Opposer’s grave
`
`injury and harm.
`
`COUNT THREE
`
`13.
`
`14.
`
`Opposer repeats and realleges the allegations set forth in 1111 1-6.
`
`Opposer is an individual known by the name PUFF, and the use of P.U.F
`
`RECORDS and Design by Applicant will falsely suggest a connection with Opposer, in violation
`
`of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). By reason of the foregoing, Opposer
`
`will be damaged by the registration of P.U.F RECORDS and Design.
`
`(1-'o523oo5,1 )5
`
`

`
`COUNT FOUR
`
`15.
`
`Opposer repeats and realleges the allegations set forth in 111] 1-6.
`
`16.
`
`Opposer is an individual known by the name PUFFY, and the use of P.U.F
`
`RECORDS and Design by Applicant will falsely suggest a connection with Opposer, in Violation
`
`of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). By reason of the foregoing, Opposer
`
`will be damaged by the registration of P.U.F RECORDS and Design.
`
`COUNT FIVE
`
`17.
`
`Opposer repeats and realleges the allegations set forth in 111] 1-6.
`
`18.
`
`Opposer is an individual known by the name PUFF DADDY, and the use of
`
`P.U.F RECORDS and Design by Applicant will falsely suggest a connection with Opposer, in
`
`violation of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). By reason of the foregoing,
`
`Opposer will be damaged by the registration of P.U.F RECORDS and Design.
`
`WHEREFORE, Opposer respectfully requests that its opposition be sustained and the
`
`application to register the mark P.U.F RECORDS and Design, Ser. No. 77/688,181, be denied.
`
`Dated: New York, New York
`
`October 6, 2009
`
`Respectfully submitted,
`
`FROSS ZELNICK LEHRMAN
`
`& ZISSU, P.C.
`
`Walt
`
`Robert A. Becker
`
`Attorneys for Opposer
`866 United Nations Plaza
`
`New York, New York 10017
`
`(212) 813-5900
`
`(P05230051 )6
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I caused a copy of the NOTICE OF OPPOSITION to be served by
`
`prepaid, first-class mail on this 6”‘ day of October, 2009, upon applicant, P.U.F Records, 312
`
`Enfield St., Hartford, CT 06112-2013.
`
`Robert A. Becker
`
`(I-‘0S23005.l )7
`
`

`
`EXHIBIT A
`
`

`
`Latest Status Info
`
`Page 1 of 4
`
`Thank you for your request. Here are the latest results from the TARR webntseryer,
`
`This page was generated by the TARR system on 2009-10-06 15:06:45 ET
`
`Serial Number: 75554957 &sLg1nm3n_t..__I11fQrri1a,ti<m
`
`Ira:g1§1r1ar1:_I2<>¢rrLenLR§tri_§:y.a1
`
`Registration Number: 3218344
`
`Mark (words only): PUFFY
`
`Standard Character claim: No
`
`Current Status: Registered.
`
`Date of Status: 2007~03-13
`
`Filing Date: 1998-09-17
`
`Transformed into a National Application: No
`
`Registration Date: 2007—03—13
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 106
`
`If you are the applicant or applicant's attorney and have questions about this file, please contact
`the Trademark Assistance Center at Tr_ad_eina_rk_AssjstanceCenter@uspto.goV
`
`Current Location: 650 -Publication And Issue Section
`
`Date In Location: 2007-02-06
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. Combs, Sean Puffy
`
`Address:
`
`Combs, Sean Puffy
`c/o Bad Boy Entertainment 1710 Broadway
`New York, NY 10019
`United States
`
`Legal Entity Type: Individual
`Country of Citizenship: United States
`
`GOODS AND/OR SERVICES
`
`International Class: 041
`
`Class Status: Active
`
`http ://tarr.uspto. gov/tarr?regser=registration&entry=321 8344&action=Request+Status
`
`10/6/2009
`
`

`
`Latest Status Info
`
`Pag6 2 Of 4
`
`Providing a web site of information about entertainment, recording artists
`Basis: 1(a)
`First Use Date: 2005-09-00
`First Use in Commerce Date: 2005-09-00
`
`ADDITIONAL INFORMATION
`
`Name Portrait Consent: The mark identifies a particular living individual whose consent is of record.
`
`MADRID PROTOCOL INFORMATION
`
`(NOT AVAILABLE)
`
`PROSECUTION HISTORY
`
`NOTE: To View any document referenced below, click on the link to "Trademark Document
`Retrieval" shown near the top of this page.
`
`2007-03-13 - Registered — Principal Register
`
`2007-01-31 - Law Office Registration Review Completed
`
`2007-01-29 — Allowed for Registration - Principal Register (SOU accepted)
`
`2007-01-29 — Amendment From Applicant Entered
`
`2007-01-29 - Communication received from applicant
`
`2007-01-29 - Assigned To LIE
`
`2007-01-03 - PAPER RECEIVED
`
`2006-06-29 - Final refusal mailed
`
`2006-06-28 - SU - Final Refusal - Written
`
`2006-06-06 — Amendment From Applicant Entered
`
`2006-04-27 - Communication received from applicant
`
`2006-04-27 - PAPER RECEIVED
`
`2005-11-03 - Non—final action mailed
`
`2005-11-03 - SU - Non-Final Action - Written
`
`2005-10-13 - Statement of use processing complete
`
`2005-10-01 - Amendment to Use filed
`
`http ://tarr.uspto. gov/tarr?regser=registration&entry=321 8344&action=Request+Status
`
`10/6/2009
`
`

`
`Latest Status Info
`
`Page 3 of4
`
`2005-10-03 — TEAS Statement of Use Received
`
`2005-03-31 - Extension 5 granted
`
`2005-03-31 - Extension 5 filed
`
`2005-03-31 - TEAS Extension Received
`
`2005-02-09 - Assigned To Examiner
`
`2004-11-01 — Extension 4 granted
`
`2004-10-01 - Extension 4 filed
`
`2004-10-07 - PAPER RECEIVED
`
`2004-08-06 - Extension 3 granted
`
`2004-04-01 - Extension 3 filed
`
`2004-07-20 - Case File In TICRS
`
`2004-04-05 - PAPER RECEIVED
`
`2003-1 1-05 - Extension 2 granted
`
`2003-10-01 - Extension 2 filed
`
`2003-10-03 - PAPER RECEIVED
`
`2003-06-04 - Extension 1 granted
`
`2003-04-01 - Extension 1 filed
`
`2003-04-03 — PAPER RECEIVED
`
`2002-10-01 — Noa Mailed - SOU Required From Applicant
`
`2001-11-02 - Assigned To Examiner
`
`2000-02-04 - Extension Of Time To Oppose Received
`
`2000-01-04 - Published for opposition
`
`1999-12-03 — Notice ofpublication
`
`1999-09-30 - Approved for Pub - Principal Register (Initial exam)
`
`1999-08-11 — Letter of suspension mailed
`
`http://tarr.uspt0 . gov/tarr?regser=registration&entry=3 218344&action=Request+Status
`
`10/6/2009
`
`

`
`Latest Status Info
`
`Page 4 of 4
`
`1999-06-17 - Communication received from applicant
`
`1999-02-10 - Non-final action mailed
`
`1999-02-04 - Assigned To Examiner
`
`1999-02-01. — Assigned To Examiner
`
`ATTORNEY/CORRESPONDENT INFORMATION
`
`Attorney of Record
`LAWRENCE E APOLZON
`
`Correspondent
`LAWRENCE E APOLZON
`
`FROSS ZELNICK LEHRMAN & ZISSU PC
`866 UNITED NATIONS PLAZA
`NEW YORK NY 10017
`
`http ://tarr.uspto . gov/tarr?regse1=registration&entry=321 8 344&action=Request+Status
`
`10/6/2009
`
`

`
`EXHIBIT B
`
`

`
`Latest Status Info
`
`Page 1 of 3
`
`Thank you for your request. Here are the latest results from the TARR web server.
`
`This page was generated by the TARR system on 2009-10-06 15:06:56 ET
`
`Serial Number: 75484940 _A_s_s_igm1ent Info1gn_atio“n
`
`_T_radeVrnarkbDocument:,lLe%
`
`Registration Number: 2266899
`
`Mark (words only): PUFF DADDY
`
`Standard Character claim: No
`
`Current Status: Section 8 and 15 affidavits have been accepted and acknowledged.
`
`Date of Status: 2005-11-07
`
`Filing Date: 1998-05-14
`
`Transformed into a National Application: No
`
`Registration Date: 1999-08-03
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 106
`
`If you are the applicant or applicant's attorney and have questions about this file, please contact
`the Trademark Assistance Center at §I‘fr@ma_1:kAscs_is:tancegenter _ us to. ov
`
`Current Location: 40S -Scanning On Demand
`
`Date In Location: 2006-08-24
`
`
`LAST APPLICANT(S WNER(S) OF RECORD
`
`1. Combs, Sean Puffy
`
`Address:
`
`Combs, Sean Puffy
`1710 Broadway c/o Bad Boy Entertainment, Inc.
`New York, NY 10019
`United States
`
`Legal Entity Type: Individual
`Country of Citizenship: United States
`
`GOODS A
`
`
`/OR SERVICES
`
`International Class: 009
`Class Status: Active
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`http ://tarr.uspto . gov/tarr?regser=registration&entry=2266 899
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`10/6/2009
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`

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`Latest Status Info
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`Page 2 of 3
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`Musical sound recordings
`Basis: 1(a)
`First Use Date: 1992-00-00
`First Use in Commerce Date: 1992-00-00
`
`Name Portrait Consent: The mark identifies "SEAN PUFFY COMBS" whose consent is of record.
`
`ADDITIONAL INFORMATION
`
`MADRID PROTOCOL INFORMATION
`
`(NOT AVAILABLE)
`
`PROSECUTION HISTORY
`
`NOTE: To View any document referenced below, click on the link to "Trademark Document
`Retrieval" shown near the top of this page.
`
`2008-05-02 - Applicant/Correspondence Changes (Non-Responsive) Entered
`
`2008-05-02 - TEAS Change Of Owner Address Received
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`2006-08-24 - Case File In TICRS
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`2005-11-07 - Section 8 (6-year) accepted & Section 15 acknowledged
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`2005-11-01 - Assigned To Paralegal
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`2005-10-03 - Section 8 (6-year) and Section 15 Filed
`
`2005-10-03 - PAPER RECEIVED
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`1999-08-03 - Registered - Principal Register
`
`1999-05-11 - Published for opposition
`
`1999-04-09 - Notice of publication
`
`1999-02-09 - Approved for Pub - Principal Register (Initial exam)
`
`1999-01-19 - Communication received from applicant
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`1998-10-15 - Non-final action mailed
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`1998-10-08 — Assigned To Examiner
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`ATTORNEY/CORRESPONDENT INFORMATION
`
`http://tarr.uspto. gov/tarr?regser==registration&entry=2266899
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`10/6/2009
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`

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`Latest Status Info
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`Page 3 of 3
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`Attorney of Record
`LAWRENCE E APOLZON
`
`Correspondent
`LAWRENCE E APOLZON
`
`FROSS ZELNICK LEHRMAN & ZISSU PC
`
`866 UNITED NATIONS PLAZA
`NEW YORK NY 10017
`
`http://tarnuspto. goV/tarr?regser=registration&entry=2266899
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`10/6/2009
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`

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`EXHIBIT C
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`

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`Latest Status Info
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`Page 1 of 6
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`Thank you for your request. Here are the latest results from the TARR) we_b_:_s,e_1__‘_ver.
`
`This page was generated by the TARR system on 2009—l0—06 15:07:09 ET
`
`Serial Number: 78725606 &signm,en_t_._.I._n.f9;rrnatio11
`
`Iragiemfi I)0CIlI1_11.§?11’E::_]5iC;>tfi£Z_€l_1
`
`Registration Number: (NOT AVAILABLE)
`
`Mark
`
`PUFFY
`
`(words only): PUFFY
`
`Standard Character claim: Yes
`
`Current Status: A request for the second extension of time to file a statement of use has been granted.
`
`Date of Status: 2009-09-01
`
`Filing Date: 2005-10-03
`
`The Notice of Allowance Date is: 20080805
`
`Transformed into a National Application: No
`
`Registration Date: (DATE NOT AVAILABLE)
`
`Register: Principal
`
`Law Office Assigned: LAW OFFICE 115
`
`Attorney Assigned:
`LEIPZIG MARC J
`
`Current Location: 700 —l.ntent To Use Section
`
`Date In Location: 2009-09-01
`
`LAST APPLICANT(S)/OWNER(S) OF RECORD
`
`1. Combs, Sean Puffy
`
`Address:
`
`http://tarr.uspto. gov/tarr?regser=serial&entry=78725606
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`10/6/2009
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`

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`Latest Status Info
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`Pagfi 2 Of 6
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`Combs, Sean Puffy
`c/o Bad Boy Entertainment, Inc. 1710 Broadway
`New York, NY 10019
`United States
`
`Legal Entity Type: Individual
`Country of Citizenship: United States
`
`GOODS AND/OR SERVICES
`
`International Class: 003
`Class Status: Active
`
`Fragrances for personal use, body and beauty care preparations; hair care preparations; cosmetics; non-
`medicated bath preparations; non—medicated skin care preparations
`Basis: l(b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 009
`
`Class Status: Active
`
`A series of musical sound recordings; audio-visual recordings featuring music and musical based
`entertainment; downloadable audio-visual recordings featuring music and musical based entertainment;
`downloadable musical sound recordings; sunglasses, eyeglasses and eyeglass frames; audio equipment
`and accessories, namely, stereos, speakers, sub-woofers, power amplifiers, audio signal equalizers,
`digital audio media recorders, and digital audio media players, amplifiers for musical instruments and
`control devices for musical instruments, namely, volume control and Musical Instrument Digital
`Interfaces (MIDI) devices; cellular phones; cellular phone equipment and accessories, namely, phone
`cases, phone batteries, phone chargers, phone jacks, phone belt clips, phone antennas, hand—free kits,
`namely, hands—free kits consisting of devices for hands—fi‘ee use of mobile phones, headsets and
`faceplates, cables; specialty holsters for carrying personal digital assistants and cellular phones; personal
`digital assistants; digital cameras; MP3 players and portable and handheld digital audio electronic
`players and computers for recording, organizing, transmitting, manipulating and reviewing audio files;
`personal digital assistants for use as portable telecommunications instant messaging devices
`Basis: l(b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 014
`
`Class Status: Active
`
`Jewelry and watches
`Basis: 1. (b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 016
`
`Class Status: Active
`
`Printed materials, namely, a series of nonfiction books about fashion, entertainment, popular culture,
`photography, social issues and charity; personal diaries; souvenir programs concerning a musical
`concert tour; nonmagnetic encoded telephone calling cards; party supplies, namely, paper napkins, paper
`gift wrap, paper party decorations and printed invitations, paper table cloths; desk supplies, namely,
`pencils, pens, erasers, notebooks and desk sets; leather agendas
`
`http://tarr.uspto. gov/tarr?regser=serial&entry=78725606
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`10/6/2009
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`

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`Latest Status Info
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`Page 3 Of 6
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`Basis: l(b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 018
`
`Class Status: Active
`
`Handbags; pocketbooks; small leather articles, namely, wallets, key cases, coin purses and tote bags;
`small leather fashion and personal accessories, namely, purses, messenger bags and cosmetic and
`toiletry bags and cases sold empty; backpacks; sport bags
`Basis: l(b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 025
`Class Status: Active
`
`Men's, women's and children's clothing, namely, jogging and running suits, polo shirts, pullovers, fleece
`pullovers, fleece jackets, soccer jerseys, sportshirts, rugby jerseys, suits, cloaks, overcoats, shorts,
`sweatpants, overalls, blouses, skirts, dresses, vests, rainwear, sleepwear, loungewear, swimwear, knit
`shirts, t-shirts, jackets excluding padded jackets, pants, shirts, coats, bandanas, sweatshirts, and screen-
`printed underwear and loungewear; footwear; headwear and fashion accessories, namely, belts, ties,
`gloves, scarves, socks, hosiery, underwear, men's briefs, boxer briefs, boxer shorts and women's lingerie
`Basis: l(b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 038
`Class Status: Active
`
`Streaming of audio and visual recordings featuring music and musical based entertainment over a global
`computer network; webcasting services; providing online chat rooms and online bulletin boards for
`transmission of messages among users in the fields of music, entertainment, recording artists, music
`concerts, popular culture, fashion, design, music production; telecommunications services, namely, the
`electronic transmission of data, video, audio, information, text over wired and wireless
`telecommunications networks
`
`Basis: l(b)
`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`International Class: 041
`
`Class Status: Active
`
`(Based on Use in Commerce) Entertainment services, namely, providing a website featuring information
`about entertainment, recording artists and popular culture; (Based on Intent to Use) Entertainment
`services, namely, live musical performances by an individual; providing a web site on a global computer
`network featuring information about music concerts
`Basis: 1(a), l(b)
`First Use Date: 2005-09-00
`
`First Use in Commerce Date: 2005-09-00
`
`International Class: 045
`
`Class Status: Active
`
`Providing a website featuring fashion information
`Basis: l(b)
`
`http://tarr.uspto. gov/tarr?regser=serial&entry=78725606
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`10/6/2009
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`

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`Latest Status Info
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`Page 4 0f6
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`First Use Date: (DATE NOT AVAILABLE)
`First Use in Commerce Date: (DATE NOT AVAILABLE)
`
`ADDITIONAL INFORMATION
`
`(NOT AVAILABLE)
`
`(NOT AVAILABLE)
`
`MADRID PROTOCOL INFORMATION
`
`PROSECUTION HISTORY
`
`NOTE: To View any document referenced below, click on the link to "Trademark Document
`Retrieval" shown near the top of this page.
`
`2009-09-01 - Extension 2 granted
`
`2009-08-04 - Extension 2 filed
`
`2009-09-01. - Case Assigned To Intent To Use Paralegal
`
`2009-08-04 - TEAS Extension Received
`
`2009-04-14 - Assigned To Examiner
`
`2009-02-04 - Extension 1 granted
`
`2009-02-04 - Extension 1 filed
`
`2009-02-04 - TEAS Extension Received
`
`2008-11-01 - Ex parte appeal terminated
`
`2008-08-26 - Changes/Corrections After Pub Approval Entered
`
`2008-08-18 - Assigned To Petition. Staff
`
`2008-08-05 - Noa Mailed - SOU Required From Applicant
`
`2008-07-14 - FAX RECEIVED
`
`2008-07-14 - FAX RECEIVED
`
`2008-06-24 — Extension Of Time To Oppose Process - Terminated
`
`2008-06-06 - TEAS Response to Office Action Received
`
`2008-01-17 - Extension Of Time To Oppose Received
`
`http ://tarr.uspto. gov/tarr?regser=serial&entry=78725606
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`

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`Latest Status Info
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`Page 5 of 6
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`2007-12-11 - Published for opposition
`
`2007-11-21 - Notice of publication
`
`2007-11-07 - Law Office Publication Review Completed
`
`2007-l 1-07 - Assigned To LIE
`
`2007-10-09 - Examiner's amendment mailed
`
`2007-10-08 - Approved for Pub - Principal Register (Initial exam)
`
`2007-10-08 - Examiner's Amendment Entered
`
`2007-10-08 — Examiners Amendment -Written
`
`2007-06-22 - Ex parte appeal - Instituted
`
`2007-06-22 - Jurisdiction Restored To Examining Attorney
`
`2007-06-20 - EXPARTE APPEAL RECEIVED AT TTAB
`
`2007-06-15 - PAPER RECEIVED
`
`2006-l2-19 - Final refusal mailed
`
`2006-12-18 - Final Refusal Written
`
`2006-10-26 - Amendment From Applicant Entered
`
`2006-09-11 - Communication received from applicant
`
`2006-09-1 1 - PAPER RECEIVED
`
`2006-03-07 - Non-final action mailed
`
`2006-03-06 - Non—Final Action Written
`
`2006-03-01 - Assigned To Examiner
`
`2005-10-07 — New Application Entered ln Tram
`
`ATTORNEY/CORRESPONDENT INFORMATION
`
`Attorney of Record
`Lawrence E. Apolzon
`
`Correspondent
`LAWRENCE E. APOLZON
`
`http://tarr.uspto. gov/tarr?regser=serial&entry=78725606
`
`10/6/2009
`
`

`
`Lates