Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA425146
`ESTTA Tracking number:
`08/15/2011
`
`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
`
`Farhad Motavasselan
`08/17/2011
`
`9501 WILSHIRE BOULEVARDTWO RODEO
`BEVERLY HILLS, CA 90210
`UNITED STATES
`FarhadMotavasselan
`
`Added a space between Opposer's first and last name.
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Party who filed
`Extension of time
`to oppose
`Relationship to
`party who filed
`Extension of time
`to oppose
`
`Attorney
`information
`
`Ben T. Lila
`Mandour & Associates, APC
`16870 West Bernardo Drive Suite 400
`San Diego, CA 92127
`UNITED STATES
`blila@mandourlaw.com, jmandour@mandourlaw.com,
`kbruce@mandourlaw.com Phone:858-487-9300
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85177098
`08/15/2011
`
`Publication date
`Opposition
`Period Ends
`
`04/19/2011
`08/17/2011
`
`Sullivan, Steve
`1594 Saratoga Court
`Minden, NV 89423
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025.
`All goods and services in the class are opposed, namely: Hats; Jackets; Shirts; Shorts; Sweatshirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act section 2(d)
`Lack of bona fide intent.
`
`
`ESTTA425146
`ESTTA Tracking number:
`08/15/2011
`
`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
`
`Farhad Motavasselan
`08/17/2011
`
`9501 WILSHIRE BOULEVARDTWO RODEO
`BEVERLY HILLS, CA 90210
`UNITED STATES
`FarhadMotavasselan
`
`Added a space between Opposer's first and last name.
`
`Name
`Granted to Date
`of previous
`extension
`Address
`
`Party who filed
`Extension of time
`to oppose
`Relationship to
`party who filed
`Extension of time
`to oppose
`
`Attorney
`information
`
`Ben T. Lila
`Mandour & Associates, APC
`16870 West Bernardo Drive Suite 400
`San Diego, CA 92127
`UNITED STATES
`blila@mandourlaw.com, jmandour@mandourlaw.com,
`kbruce@mandourlaw.com Phone:858-487-9300
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`85177098
`08/15/2011
`
`Publication date
`Opposition
`Period Ends
`
`04/19/2011
`08/17/2011
`
`Sullivan, Steve
`1594 Saratoga Court
`Minden, NV 89423
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 025.
`All goods and services in the class are opposed, namely: Hats; Jackets; Shirts; Shorts; Sweatshirts
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Other
`
`Trademark Act section 2(d)
`Lack of bona fide intent.
`
`
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3267012
`
`07/24/2007
`
`Word Mark
`Design Mark
`
`FILTHY
`
`Application Date
`
`07/16/2004
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1996/12/08 First Use In Commerce: 1996/12/08
`CLOTHING, NAMELY TOPS AND BOTTOMS, DESIGNER GOWNS,
`COCKTAIL DRESSES, SUITS, SHIRTS, BLOUSES, SWEATERS,
`FOOTWEAR, HEADWEAR, ALL FOR RETAIL AND WHOLESALE
`
`Attachments
`
`76602664#TMSN.jpeg ( 1 page )( bytes )
`Notice of Opposition FILTHY BASEBALL DESIGNS 08-15-11.pdf ( 5 pages
`)(21433 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
`
`/Ben T. Lila/
`Ben T. Lila
`08/15/2011
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the matter of Trademark Application Serial No. 85/177,098
`Published in the Official Gazette (Trademarks) on April 19, 2011
`Mark: FILTHY BASEBALL DESIGNS
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`Farhad Motavasselan and Gil Motavasselan,
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` Opposer,
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`) Opposition No.
`
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`vs.
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`)
`Steve Sullivan,
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`)
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`Applicant. )
`)
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`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`NOTICE OF OPPOSITION
`
`Farhad Motavasselan and Gil Motavasselan, both U.S. citizens, with a principal place of
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`
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`residence at Two Rodeo, 9501 Wilshire Blvd., Beverly Hills, California 90210 (collectively
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`“Opposer”), believes that it will be damaged by the registration by Steve Sullivan (hereinafter
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`“Applicant”) of the above-identified trademark and hereby opposes the same.
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`As grounds for opposition, it is alleged that:
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`
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`1.
`
`The Applicant seeks to register FILTHY BASEBALL DESIGNS as a trademark
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`for “Class 025: Hats; Jackets; Shirts; Shorts; Sweatshirts” as is evidenced by the publication of
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`said trademark in the Official Gazette on April 19, 2011.
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`
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`
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`1
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`
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`2.
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`Opposer is the owner of U.S. Trademark Registration No. 3,267,012 for the
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`trademark FILTHY (+Design) for “clothing, namely tops and bottoms, designer gowns, cocktail
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`dresses, suits, shirts, blouses, sweaters, footwear, headwear, all for retail and wholesale in
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`International Class 025”. Opposer has continuously used its FILTHY (+Design) trademark in
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`interstate commerce since at least as early as December 8, 1996 in regard to retail and wholesale
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`clothing.
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`3.
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`In view of the nearly identical trademarks and identical goods of the respective
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`parties, it is alleged that Applicant’s trademark so resembles Opposer’s trademark, as to be likely
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`to cause confusion, or to cause mistake, or to deceive.
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`4.
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`There is no issue of priority. Applicant has not claimed a date of first use of its
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`trademark. Opposer’s date of first use in interstate commerce is at least as early as December 8,
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`1996. Opposer’s use of its trademark has been valid and continuous since said date of first use
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`and has not been abandoned.
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`5.
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`Opposer’s valid and continuous use of its trademark has developed exceedingly
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`
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`valuable goodwill and recognition.
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`6.
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`By virtue of its efforts and the expenditure of considerable sums for promotional
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`materials, advertisements, and the quality of its goods, Opposer has gained a valuable reputation
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`for its trademark.
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`2
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`7.
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`If Applicant is permitted to use and register its trademark as specified in the
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`application herein opposed, confusion is likely to result because the trademarks are so similar.
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`Therefore, it is very likely that persons familiar with Opposer’s trademark would assume that
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`Applicant was associated with Opposer and any such confusion would inevitably result in
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`damage to Opposer. Furthermore, any objection or fault found with Applicant’s goods and/or
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`services would necessarily reflect upon and seriously injure the reputation that Opposer has
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`established under its trademark. Thus, if Applicant is allowed to use and register FILTHY
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`BASEBALL DESIGNS, the resulting confusion and assumed affiliation will be damaging to
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`Opposer’s established goodwill, and Applicant’s use of FILTHY BASEBALL DESIGNS as a
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`trademark will damage Opposer’s trademark.
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`8.
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`Further, if Applicant is granted the registration herein opposed, it would thereby
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`
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`obtain at least a prima facie exclusive right to the use of its trademark, and would appropriate the
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`considerable goodwill and recognition that Opposer has established through its exclusive
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`marketing and use. Such registration would be a source of damage and injury to Opposer.
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`9. Opposer also alleges that Applicant did not have a bona fide intent to use the
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`
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`FILTHY BASEBALL DESIGNS trademark at the time of filing the trademark application.
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`Opposer alleges that Applicant had no intention of producing any and all the goods claimed on
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`its application. Opposer alleges that to date Applicant has not sold in interstate commerce all the
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`goods alleged in Applicant’s application. Opposer alleges that Applicant lacked the ability and
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`willingness to use the FILTHY BASEBALL DESIGNS mark in the United States to identify any
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`and all of the goods listed in the application at the time of the filing of the application.
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`
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`3
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`
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`WHEREFORE, Opposer prays that the Application Serial No. 85/177,098 be rejected,
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`
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`and that registration of the trademark therein sought be denied and refused.
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`
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`Opposer has appointed Joseph A. Mandour and Ben T. Lila, Mandour & Associates,
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`APC, 16870 West Bernardo Drive, Suite 400, San Diego, CA 92127, members of the bar of the
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`State of California, as agents and attorneys in the matter of the opposition above-identified, to
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`prosecute said opposition, to transact all business in the United States Patent & Trademark
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`Office and in the United States courts in connection with this opposition, to sign his name to all
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`papers which may hereinafter be filed in connection therewith, and to receive all
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`communications relating to the same.
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`Respectfully submitted,
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`
`
`/Ben T. Lila/
`By:
`Ben T. Lila, Esq.
`Joseph A. Mandour, Esq.
`Mandour & Associates, APC
`16870 West Bernardo Drive, Suite 400
`San Diego, California 92127
`(858) 487-9300
`
`
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`Date: August 15, 2011
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`Attorneys for Opposer
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a true and correct copy of the foregoing NOTICE OF
`OPPOSITION was sent by first class mail, postage prepaid, on August 15, 2011 to Applicant as
`follows: Steve Sullivan, 1594 Saratoga Court, Minden, Nevada 89423.
`
`
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`Date: August 15, 2011
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`/Kim Bruce/
`
` Kim Bruce
`
`
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`
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`5
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