Trademark Trial and Appeal Board Electronic Filing System. httgj/estta.usQto.gov
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`91210103
`
`Plaintiff
`
`The Coca-Cola Company
`CYNTHIA PARKS
`PARKS IP LAW
`730 PEACHTREE STREET NE, SUITE 600
`ATLANTA, GA 30308
`UNITED STATES
`
`tmdocketing@parksip|aw.com, cparks@parksip|aw.com,
`vkeenan@coca-co|a.com
`
`Motion to Amend Pleading/Amended Pleading
`
`Cynthia R. Parks
`
`cparks@parksip|aw.com, tmdocketing@parksip|aw.com,
`vthomas@parksip|aw.com, kherrick@parksip|aw.com, da|per@parksip|aw.com
`
`/Cynthia R. Parksl
`02/06/2014
`
`Opposer's Motion to Amend Complaint — COKI COLA HAPPY
`MOTION.pdf(131741 bytes )
`Amended Notice of Opposition — COKI COLA HAPPY MOTION.pdf(538597
`bytes)
`Redlined — Amended Notice of Opposition for COKI COLA HAPPY
`MOTION.pdf(663095 bytes )
`Certificate of Service — COKI COLA HAPPY MOTION.pdf(28225 bytes)
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA586049
`ESTTA Tracking number:
`02/06/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91210103
`Plaintiff
`The Coca-Cola Company
`CYNTHIA PARKS
`PARKS IP LAW
`730 PEACHTREE STREET NE, SUITE 600
`ATLANTA, GA 30308
`UNITED STATES
`tmdocketing@parksiplaw.com, cparks@parksiplaw.com,
`vkeenan@coca-cola.com
`Motion to Amend Pleading/Amended Pleading
`Cynthia R. Parks
`cparks@parksiplaw.com, tmdocketing@parksiplaw.com,
`vthomas@parksiplaw.com, kherrick@parksiplaw.com, dalper@parksiplaw.com
`/Cynthia R. Parks/
`02/06/2014
`Opposer's Motion to Amend Complaint - COKI COLA HAPPY
`MOTION.pdf(131741 bytes )
`Amended Notice of Opposition - COKI COLA HAPPY MOTION.pdf(538597
`bytes )
`Redlined - Amended Notice of Opposition for COKI COLA HAPPY
`MOTION.pdf(663095 bytes )
`Certificate of Service - COKI COLA HAPPY MOTION.pdf(28225 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRKAL AND APPEAL BOARD
`
`in re:
`Mark:
`
`Application No. 85/672,347
`COKI COLA HAPPY MOTION
`
`July 10, 2012
`Filed:
`Published: December 18, 2012
`
`THE COCA-COLA COMPANY
`
`Opposer,
`
`ALBERTO SOLER, DBA COKI LOCO
`
`and
`
`MIRIAM SOLER
`
`Applicants.
`
`1.\,ru,,_I\_,au~,.au,.a\_,Fa\_,Fr\.,,JuVJ\~.Jy~,Ju~_n\_.Fa\.,u
`
`Opposition No. 91210103
`
`OPPOSER’S MOTION TO AMEND COMPLAINT
`
`Opposer The Coca-Cola Company ("Opposer"), by and through its undersigned
`
`counsel and in accordance with Rule 2.127 of the Trademark Rules of Practice, files this
`
`Motion to Amend Complaint (the “MTA”), with the attached Amended Notice of
`
`Opposition,
`
`in response to the Board’s ruiing dated February 3, 2014 (the “Ruiing").
`
`in
`
`the Ruiing, the Board indicated that if Opposer remains interested in amending its
`
`complaint to assert claims of fraud and false suggestion of a connection, its recourse is
`
`to file a motion to amend pursuant to Fed. R. Civ. P. 15, accompanied by an amended
`
`complaint that complies with Trademark Ruie 2.104 and asserts Opposer’s standing
`
`and each of its ciairns of relief. Ruling at 6. Accordingly, Opposer is submitting the MTA
`
`

`
`and respectfully requests that the claim of fraud be added to its original complaint, as
`
`indicated in the attached Amended Notice of Opposition. Opposer is submitting the
`
`Amended Notice of Opposition in
`
`red-lined form as well as ciean form, as
`
`recommended. TMBP §507.0‘l.
`
`REQUEST FOR LEAVE TO AMEND COMPLAINT
`
`According to Fed. R. Civ. P. 15(a)(2), if the amended compiaint is fiied after 21
`
`days from the serving of the original complaint and not within 21 days after service of a
`
`responsive pleading, “a party may amend its pleading only with the opposing party's
`
`written consent or the court’s leave,” and “The court should freely give leave when
`
`justice so requires." TBMP, §507.01. Opposer respectfully requests leave of the Board
`
`to amend its Notice of Opposition, as such ieave would serve the interest of justice.
`
`The Rules note that "the Board iiberally grants leave to amend pleadings at any
`
`stage of a proceeding when justice so requires, uniess entry of the proposed
`
`amendment would violate settled law or be prejudicial to the rights of the adverse party
`
`or parties.” TMBP §507.02. The Rules further specify that this leave should be given
`
`“even when a plaintiff seeks to amend its complaint to plead a claim other than those
`
`stated in the originai complaint." Q.
`
`In the attached Amended Notice of Opposition,
`
`Opposer seeks to respond to issues raised by the Board in a previous ruling and to
`
`modify its earlier response as indicated by the Board. Accordingly, Opposer submits
`
`that the interests of justice would be served by granting the Opposer teave to file the
`
`Amended Notice of Opposition.
`
`Finally, the Applicants have yet to file an Answer in the subject Opposition, and
`
`therefore, the ailowance of an amended complaint at this time would not be prejudiciai
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`

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`to Applicants’ rights. While the TBMP states that “a long and unexplained detay in fiiing
`
`a motion to amend a pleading...may render the amendment untimely’ (§507.02(a)), in
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`the matter at hand Opposer had filed a previous response and the proceedings had
`
`been suspended pending the resolution of several motions filed by Applicants. The
`
`attached Amended Notice of Opposition was previously submitted in the form of a brief,
`
`and therefore Applicants have been fully aware of the bases for the Amended Notice of
`
`Opposition since that date. Opposer has been responsive at all stages of these
`
`proceedings and has not attempted to delay or prejudice Applicants.
`
`CONCLUSION
`
`Therefore, Opposer respectfully requests leave from the Board to file the
`
`attached Amended Notice of Opposition.
`
`Respectfully submitted this 6th day of February, 2014.
`
`
`
`730 Peachtree Street NE
`
`Suite 600
`
`Atlanta, Georgia 30308
`Phone: 678-365-4444
`
`Fax:
`
`678-365-4450
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TREAL AND APPEAL BOARD
`
`Application No. 85/672,347
`In re:
`COKI COLA HAPPY MOTION
`Mark:
`Juty 10, 2012
`Filed:
`Published: December 18, 2012
`
`THE COCA-COLA COMPANY
`
`Opposer,
`
`v.
`
`MIRIAM SOLER
`
`and
`
`ALBERTO SOLER, DBA COKI LOCO
`
`Applicants.
`
`\..,n..,ra,.a\.,.au.,.:u.,.n_,.a\.,,4u.,au.,aL...rs..,an..,.u
`
`Opposition No. 91210103
`
`AMENDED NOTICE OF OPPOSITION
`
`THE COCA-COLA COMPANY ("TCCC,” or “Opposel”), a Delaware corporation
`
`having its principal place of business at One Coca-Cola Plaza, Atlanta Georgia 30313,
`
`believes that it would be damaged by registration of the mark COKI COLA HAPPY
`
`MOTION (“Applicant's Mark") for:
`
`“Entertainment in the nature of an on-going special variety, news, music or comedy
`show featuring Fictional Character named Cold Loco broadcast over television, satellite,
`audio, and video media; Entertainment services, namely, providing a website at which
`the general public can receive advice from an individual or entity concerning happiness,
`such advice being for entertainment purposes only; Entertainment services, namely,
`providing a website featuring games and puzzles; Entertainment services, namely,
`providing an on-line computer game; Entertainment services, namely, providing online
`computer games that help maintain an active brain and thus improve memory, speed of
`processing, and that provide a variety of cognitive benefits that positively impact quality
`of life; Entertainment services, namely, providing online video games; Providing a
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`website featuring information in the fieid of music and entertainment; Providing a
`website featuring information in the fieids of education and entertainment for children;
`Providing a website featuring information on exercise and fitness; Providing a website
`
`featuring non—a‘ownioaa‘abie videos, nameiy, video presentations of a comedic nature;
`
`Providing a website featuring oniine sports training and training advice and the
`recording of training and workouts; Providing an interactive website featuring
`information and links relating to fitness; Providing an Internet website portal in the field
`of music”
`
`in International Class 41, which mark is the subject of application Serial No. 85/672,347
`
`(the "Apptication"), filed on Juty 10, 2012 by Miriam Soier as an individuai and Atberto
`
`Soler, doing business as Coki Loco (both coliectively referred to herein as “Applicant”),
`
`and published for opposition in the Official Gazette on December 18, 2012. By and
`
`through its undersigned attorney, TCCC hereby opposes the Application.
`
`The grounds for this Opposition are as foiiows:
`
`1.
`
`Opposer is the world's largest beverage company, sewing more than 1.6
`
`billion consumers each day,
`
`in more than 200 countries around the worid. Opposer's
`
`COCA-COLA, COKE and DiET COKE brands are cornerstones of its portfolio, which
`
`presently includes fifteen billion dollar brands. COCA—COLA and DIET COKE are the top
`
`two soft drink brands in the world.
`
`2.
`
`Opposer is the owner of numerous federal registrations and pending
`
`applications for its COCA-COLA and COKE famiiy of trademarks (cotiectiveiy,
`
`the
`
`"COCA-COLA ivlarks"), inciuding:
`
`
`
`..-.._—..~va-......-W...
`
`...._ 1D".'Ih‘UO
`
`anuary 31, 1927
`Reg. No. 238,146
`
`inconiestabie
`
`Beverages and syrups for the
`anufacture of such beverages
`
`
`
`
`81247988
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`
`
`
`Beverages and syrups for the
`
`anufacture of such beverages
`
`
`
`incontesiabie
`Non-alcoholic maitiess beverages
`
`nd the syrups for making such
`averages
`
`
`
`COKE CLASSIC Reg. No. 1,824,556 March 1, 1994
`
`incontesiabie
`Soft drinks and syrups and
`concentrates for making the
`
`
`VANILLA COKE Reg. No. 2,757,341 December 31, 2002
`incontestabie
`
`
`Reg. No. 3,347,889 December 4, 2007 Class 32
`
`
`
`incontesiabie
`
`Non-alcoholic beverages, namely,
`oft drinks; syrups and
`concentrates for making non-
`aicohoiic beverages, namely, soft
`drinks.
`
`CHERRY COKE Reg. No. 3,434,466 March 11, 2008
`
`Class 32
`
`Non-aicohoiic beverages, namely,
`oft drinks; concentrate for makin -
`on-alcoholic beverages, namely,
`oft drinks.
`
`81247988
`
`Reg. No. 415,755
`
`ugust 14, ‘I945
`
`Class 32
`
`incontestabie . anuary 31, 1928
`
`COCA-COLA
`
`Reg. No. 238,145
`
`Class 32
`
`
`
`
`
`

`
`DIET COKE PLUS Reg. No. 3,490,468
`
`ugust 19, 2008
`
`Class 32
`
`Non-alcoholic beverages, namely,
`carbonated soft drinks; syrups an o
`
`averages, namely, carbonated
`oft drinks.
`
`DIET COKE
`
`Reg. No. 3,820,750 my 20, 2010
`
`Class 32
`
`Non-alcoholic beverages, namely,
`
`COCA-COLA FAN Reg. No. 2,607,376
`
`ugust 13,2002
`
`reparation of soft drinks
`
`Class 41
`
`Entertainment services in the
`ature of interactive area at
`
`aseball stadiums, namely a
`
`eams, climbing areas and slides;
`Entertainment in the nature of a
`
`entertainment services, namely,
`roviding static exhibits of
`embossed signatures of famous
`asebali players that can be
`. ubbed to create autographs.
`
`Reg. No. 2,150,823 pril 14, 1998
`
`Class 41
`
`Entertainment services in the
`ature of film trivia slides
`
`displayed on—screen in movie
`
`COCA-COLA
`SCREEN PLAY
`
`81247988
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`All of these filings are valid and subsisting, in fuii force and effect, and are conclusive
`
`evidence of Opposer's exclusive right to use the COCA—COLA Marks for the goods and
`
`services referenced therein as weil as for related goods and services.
`
`3.
`
`Opposer has used the COCA—COLA Marks continuously in interstate
`
`commerce, and is and has been at all pertinent times the owner of all right, titie and
`
`interest in and to the COCA—COLA Marks for a wide range of goods and services,
`
`including entertainment services in Class 41.
`
`4.
`
`Opposer has invested a substantiai amount of time, effort and money to
`
`promote its products and services offered under the COCA—COLA Marks, as well as to
`
`promote its corporate identity.
`
`In fact, Opposer spends hundreds of miliions of dollars
`
`each year on measured media in connection with the COCA—COLA Marks, along with
`
`miiiions more on other media touchpoints, such as sponsorships, product placement,
`
`premiums, and coupons.
`
`5.
`
`Accordingly, consumers exclusively associate Opposer’s COCA—COLA
`
`Marks with Opposer, and the COCA—COLA Marks have established good will and enjoy
`
`fame of incalculable vaiue in the U.S. and throughout the world.
`
`FIRST BASIS FOR OPPOSITION —— OWNERSHIP OF PRIOR REGISTRATEONS
`
`6.
`
`The Application is based on the Applicant's purported intent
`
`to use
`
`App|icant’s Mark, and therefore, the Application claims no date of first use.
`
`7.
`
`Upon information and belief, Applicant is unable to establish priority of use
`
`of Applicant's Mark with respect to Opposer‘s COCA—COLA Marks.
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`8.
`
`Opposer has clear priority, given the iongstanding use and registrations of
`
`the COCA-COLA Marks.
`
`SECOND BASIS FOR OPPOSETION — LIKELIHOOD OF CONFUSION
`
`9.
`
`Opposer would be damaged by registration of Appiicanfs Mark because
`
`Applicant's Mark is confusingly simiiar in appearance, sound and meaning to the
`
`COCA-COLA Marks, which the public exclusively associates with Opposer. Specifically,
`
`the “COK|" term in Applicant's Mark is nearly identical in sight, sound, and meaning to the
`
`Opposer's famous COKE marks, and the “COKl COLA” combination is nearly identical to
`
`the COCA-COLA portion of the COCA-COLA Marks. Given that App|icant’s services
`
`make reference to a character named “Coki Loco" and not "Coki Cola," it appears likely
`
`that the COLA term was incorporated into Applicant's Mark primarily to cause confusion
`
`with Opposer's famous COCA~COLA Marks.
`
`10.
`
`The simiiarities between Applicant's Mark and the COCA-COLA Marks, in
`
`conjunction with Applicant's intent to use its Mark in connection with entertainment
`
`services substantially reiated to those that Opposer offers under its COCA-COLA Marks,
`
`is iikely to cause confusion, or to cause mistake, or to deceive with respect to the source
`
`or origin of Applicants services, and is likely to cause consumers to beiieve Opposer
`
`sponsors or is affiliated with the Appiicant. Such confusion would irreparably harm
`
`Opposer, particularly because Opposer has no control over the nature or quality of the
`
`services provided or produced by Applicant under Applicant's Mark. Opposer takes
`
`extensive measures to ensure the quality of any goods and services offered under its
`
`COCA-COLA Marks, and it would suffer irreparable harm if Appiicant is allowed to offer
`
`the proposed services under Applicant’s Mark without any quality control by Opposer.
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`81247988
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`11.
`
`Upon information and belief, the services that Applicant intends to offer
`
`under the COKE COLA HAPPY MOTION mark and those offered by the Opposer under
`
`certain of the COCA-COLA Marks are closely reiated, are or may be offered through the
`
`same, substantially the same, and/or related channels of distribution, and to the same,
`
`substantially the same, ahdlor related classes of purchasers; and are or may be
`
`advertised, marketed and promoted through the same media channels. The Company's
`
`prior-filed
`
`and
`
`registered marks COCA-COLA FAN LOT and COCA—COLA
`
`SCREEN PLAY are a representative examples of its COCA-COLA Marks covering related
`
`entertainment services. The risk of confusion with Opposer’s famous COCA—COLA
`
`Marks is especially high given that Applicant appears to be aiming its services at an
`
`audience of young children, who would be impressionable, unsophisticated consumers.
`
`THIRD BASIS FOR 0PPOStT|ON — DILUTION
`
`12.
`
`The COCA—COLA Marks are famous marks within the meaning of Section
`
`43(c) of the Lanham Act, and became famous tong before the date of the application to
`
`register Applicant's Mark. The use by Applicant of Applicant’s Mark for Applicant’s
`
`proposed services would be likeiy to cause dilution, by blurring the distinctive quality of
`
`Opposer’s famous COCA—COLA Marks, by tarnishing the reputation of Opposer’s famous
`
`COCA~COLA Marks, or both.
`
`FOURTH BASIS FOR OPPOSITION - FRAUD
`
`13.
`
`Upon information and belief, the Application is related to at least one other
`
`pending application for a trademark that also infringes Opposer’s rights in and to the
`
`COCA-COLA Marks, namely trademark application Serial No. 85/607,106 for the term
`
`COLA DE COKE. Accordingly, Opposer has reason to believe that Applicant has
`
`81247988
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`

`
`intentionally misidentified the true owner of the Application, and may have otherwise
`
`committed fraud in the attempt to register Applicant's Mark.
`
`It has also come to Opposer’s
`
`attention that this pattern of fraud extends to an entire family of appiications for COKI
`
`formative marks all flied by entities that appear to have misrepresented the nature of their
`
`relationship to one another.
`
`14.
`
`Opposer has reason to believe that Appiicant has intentionaliy misidentified
`
`the true owner of the Application, and may have otherwise committed fraud in the attempt
`
`to register Appiicanfs Mark.
`
`it has also come to Opposer’s attention that this pattern of
`
`fraud extends to an entire family of applications ail filed by entities that appear to have
`
`misrepresented the nature of their relationship to one another,
`
`including Ser. No.
`
`85/619,035 for COKI, 85/813,590 for UR COCA COLA, 85/738,874 for DKO, 85/097,54
`
`for COCALEAF, 85/607,106 for COLA DE COKI, 85/756,565 for COCA—LlSClOUS,
`
`85/756,528 for COCA, 85/095,398 for COCA LEAF WATER, and 85/741 A61 for DOKE.
`
`Opposer believes, based upon communications with Applicant Alberto Soler, that this
`
`pattern of behavior by Applicant is no mere false or accidental misunderstanding but is
`
`rather a pattern of materiaily false statements made with the intent to deceive the Patent
`
`and Trademark Office.
`
`15.
`
`Based upon communications with Applicant Alberto Soler, it appears that
`
`Applicant Miriam Soler does not have any true connection to the subject application, and
`
`her inciusion in the application was part of a scheme by Alberto Soler intended to defraud
`
`the PTO. Accordingly, it appears that Appiicant Alberto Soler has knowingly made several
`
`false, material representations with regard to the ownership of this application and others
`
`with the intent to deceive the PTO.
`
`81247988
`
`

`
`‘l6.
`
`Applicant Aiberto Soler has also indicated in communications with
`
`Opposer's counsel that he purposefully filed the cited applications under different names
`
`in order to circumvent what he believed to be a legai restriction on U.S. trademark
`
`ownership based upon his Cuban citizenship.
`
`FIFTH BASIS FOR OPPOSITION — LACK OF BONA FIDE INTENT TO USE
`
`17.
`
`Upon information and belief, and in View of the forgoing, Applicant lacks a
`
`bona fide intent to use Appiicants Mark.
`
`In particular, intentional selection of an infringing
`
`mark and misidentification of the true owner(s) of the present application belies
`
`Applicants claim that Appiicant has any real and legitimate stake in acquiring a
`
`registration.
`
`81247988
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`

`
`CONCLUSION
`
`18.
`
`For at least the forgoing reasons, Opposer will be damaged by App|icant’s
`
`registration of Applicant's Mark.
`
`WHEREFORE, Opposer respectfully requests that this Opposition be sustained
`
`and that the Application for registration by Applicant be refused.
`
`Respectfully submitted this 6th day of February, 2014.
`
`P R S [P LAW «-1:C>M//’“""‘}
`./
`. If///"
`Hz
`,1;W;wfi#.:;‘S--~~~M-~~~-~.NL‘NNN
`
`‘
`
`
`
`/
`
`730 Peachtree Street NE
`
`Suite 600
`
`Atlanta, Georgia 30308
`Phone: 678-365-4444
`
`Fax:
`
`678-365-4450
`
`81247988
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`IN THE UNITED STATES PATENT
`AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL
`AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`Applicants.
`
`
`
`
`
`
`
`
`
`
`}
`}
`
` 
`
` 
`
`Application No. 85/672,347 
`COKI COLA HAPPY
`
`In re:
`Mark:
`MOTION
`July 10, 2012
`Filed:
`Published:  December 18, 2012
`
`
`
`THE
`COCA--COLA COMPANY
`
`
`
`
`
`
`Opposer,
`}
`Opposition No.
`
` }
`
`  }
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`v.
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`MIRIAM
`SOLER
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`}
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`}
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`and
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`ALBERTO SOLER, OBADBA COKI
`LOCO
`}
` 
`
`and
`
`MIRIAM SOLER
`
`81247988
`
` 
`
` 
` 
`
`1
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`... [13]
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`}
`}
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`}
`
`AMENDED NOTICE OF OPPOSITION
`
`}
`}
`} Opposition
`No.
` _
`}
`}
`}
`
` 
`
`       
`
`  
`
`THE COCA‐-COLA 
`
` COMPANY ("(“TCCC,",” or "“Opposer"),”), a Delaware
`
`corporation having its principal place of business at One Coca‐-Cola Plaza, Atlanta Georgia
`
`30313, believes that it would be damaged by registration of the mark COKI COLA HAPPY
`
`MOTION ("Applicant's(“Applicant’s Mark")”) for:
`
`"“Entertainment in the nature afof an anon‐going special variety, news, music or 
`comedy show featuring Fictional Character named Coki Loco broadcast over television, 
`satellite, audio, and video media; Entertainment services, namely, providing a website 
`at which the general public can receive advice from an individual or entity concerning 
`happiness, such advice being for entertainment pur posespurposes only; Entertainment 
`services, namely, providing a website featuring games and puzzles; Entertainment 
`services, namely, providing an on‐line computer game; Entertainment services, 
`namely, providing online computer games that help maintain an active brain and thus 
`improve memory, speed of processing, and that provide a variety of cognitive benefits 
`that positively impact qualit yquality of life; Entertainment services, namely, providing 
`online video games; Providing a
`
` 
`
`81247988
`
`2
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`

`
` 
`
` website featuring infarmationinformation in the field afof music and entertainment; 
`Providing a website featuring informatianinformation in the fields of education and 
`entertainment for children; Providing a website featuring information on exercise and 
`fitness; Providing a website featuring non‐downloadable videos, namely, video 
`presentations of a comedic nature; Providing a website featuring online sports training 
`and training advice and the recording of training and workouts; Providing an interactive 
`website featuring information and links relating tofitnessto fitness; Providing an Internet 
`website portal in the field of music"”
`
` 
`in International Class 41, which mark is the subject of application Serial No. 85/672,34 7347
`
`(the "“Application"),”), filed on July 10, 2012 by Miriam Soler as an individual and Alberto
`
`Soler, doing business as Coki Loco (both collectively referred to herein as "“Applicant"),”),
`
`and published for  opposition in the Official Gazette on December 18, 2012. By and through
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`its undersigned attorney, TCCC hereby opposes the Application.
`
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`... [17]
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`The grounds for this Opposition are as follows:
`
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` 
`
`1.
`
`Opposer is the world'sworld’s largest beverage company, serving more than
`
`1.6 billion consumers each day, in more than 200 countries around the world. Opposer's
`
`Opposer’s COCA‐-COLA, COKE and DIET COKE brands are cornerstones of its portfolio,
`
`which presently includes fifteen billion dollar brands. COCA‐-COLA and DIET COKE are
`
`the top two soft drink brands in the world.
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`... [19]
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`2.
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`Opposer is the owner of numerous federal registrations and pending
`
`Formatted
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`... [20]
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`applications for its COCA‐-COLA and COKE family of trademarks (collectively, the
`
`"“COCA‐-COLA  Marks"),”), including:
`
`Incontestable
`
`Beverages and syrups for the
`anufacture of such beverages
`
`81247988
`
`3
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`       
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`... [35]
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`Trademark
`
`Registration Date
`
`Goods
`
`Reg. No. 238,146
`Incontestable
`
`
`
`
`
`January 31, 1927 Class 32
`Beverages and syrups for the
`anufacturemanufacture of such
`beverages
`
`COCA-COLA Reg. No. 238,145
`Incontestable
`
`January 31, 1928 Class 32
`Beverages and syrups for the
`manufacture of such beverages
`
`Coke
`
`
`
`
`
`
`
`
`
`Reg. No. 415,755 August 14, 1945
`
`
`Incontestable
`
`August 14, 1945
`onClass 32
`
`Non-
`alcoholic
`ma/l/essmaltl
`ess
`beverages
`and the
`syrups for
`making such
`everages beverages
`
`Reg. No. 1,260,160
`Incontestable
`
`
`
`December 6, 1983
`
`December 6, 1983 Class 32
`Soft Drinks
`
`Reg. No. 1,432,152
`Incontestable
`
` December 16,
`1986
`
`December 16, 1986 Class 32
`Soft drinks
`
`
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`
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`81247988
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` 
`
`Trademark
`
`Registration Date
`
`Goods
`
`COKE CLASSIC Reg. No. 1,824,556
`Incontestable
`
`
`
`March 1, 1994
`
`March 1, 1994 Class 32
`Soft drinks and syrups and
`concentrates for making the
`same.
`
`
`Incontestable
`
`VANILLA COKE Reg. No. 2,757,341 December 31, 2002 Class 32
`Non-alcoholic beverages, namely,
`soft drinks
`
`VANILLA COKE Reg. No.
`December 21,
`
`2,757,3413,347,889 20024, 2007
`Incontestable
`
`Class 32
`onNon-alcoholic beverages,
`namely, oft drinks
`
`   
`
`on-alcoholic beverages, namely,
`oftsoft drinks; syrups and
`concentrates for making non- -
`alcoholic beverages, namely, soft
`drinks.
`
`COKE
`
`Reg. No. 3,347,889
`Incontestable
`
`December 4, 2007
`
`CHERRY COKE Reg. No. 3,434,466 March 11, 2008
`
`
`
`
`March 11, 2008
`
` soft drinks.
`
` 
`
`81247988
`
`5
`
`Class 32
`Non-
`alcoholic
`beverages,
`namely, soft
`drinks;
`concentrate
`for makin
`onmaking
`non-
`alcoholic
`beverages,
`namely,
`
`

`
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`
`Trademark
`
`Registration Date
`
`Goods
`
`DIET COKE PLUS Reg. No. 3,490,468 August 19, 2008
`
`DIET COKE
`
`Reg. No. 3,820,750 July 20, 2010
`
`COCA-COLA FAN
`LOT
`
`Reg. No. 2,607,376 August 13,2002
`
`COCA-COLA
`SCREEN PLAY
`
`Reg. No. 2,150,823 April 14, 1998
`
` 
`
` 
`
`81247988
`
`6
`
`Class 32
`Non-alcoholic beverages, namely,
`carbonated soft drinks; syrups and
`concentrates for making
`beverages, namely, carbonated
`soft drinks.
`
`Class 32
`Non-alcoholic beverages, namely,
`soft drinks; syrups and
`concentrates for making non-
`alcoholic beverages, namely, soft
`drinks.
`
`Class 32
`
`Soft drinks, syrups and
`concentrates for use in the
`preparation of soft drinks
`
`Class 41
`Entertainment services in the
`nature of interactive area at
`baseball stadiums, namely a
`structure composed of wood
`beams, climbing areas and slides;
`Entertainment in the nature of a
`youth baseball theme park
`featuring miniature baseball fields
`on which children can hit, run and
`catch baseballs; and
`entertainment services, namely,
`providing static exhibits of
`embossed signatures of famous
`baseball players that can be
`rubbed to create autographs.
`
`Class 41
`Entertainment services in the
`nature of film trivia slides
`displayed on-screen in movie
`theaters.
`
`

`
` 
`
` 
`
`App. Ser. No. 85/494,701
`4
`
`     
`
`DIET COKE PLUS Reg. No. 3,490,468 August 19, 2008 Class 32
`Non-alcoholic beverages, namely,
`carbonated soft drinks; syrups an
`concentrates for making
`everages, namely, carbonated
`oft drinks.
`
`COCA-COLA
`MOVE TO
`THE BEAT
`
`DIET COKE
`
`Reg. No. 3,820,750
`
`July 20, 2010
`
`Class 32
`Non-alcoholic beverages, namely,
`soft drinks; syrups and
`concentrates for making non-
`alcoholic beverages, namely, soft
`drinks.
`
`COCA-COLA FAN
`LOT
`
`Reg. No. 2,607,376 August 13,2002 Class 32
`Soft drinks, syrups and
`concentrates for use in the
`reparation of soft drinks
`Class 41
`Entertainment services in the
`ature of interactive area at
`aseball stadiums, namely a
`structure composed of wood
`earns, climbing areas and slides;
`Entertainment in the nature of a
`outh baseball theme park
`eaturing miniature baseball fields
`on which children can hit, run and
`catch baseballs; and
`entertainment services, namely,
`roviding static exhibits of
`embossed signatures of famous
`aseball players that can be
`ubbed to create autographs.
`
`COCA-COLA
`SCREEN PLAY
`
`Reg. No. 2,150,823
`
`April 14, 1998 Class 41
`Entertainment services in the
`ature offilm trivia slides
`displayed on-screen in movie
`theaters.
`
`7
`
`81247988
`
`           
`
` 
`
`

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`... [88]
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` 
`
`
`
`Published
`January Class
`9
`8, 2013
`
`Digital media,
`namely,
`downloadable
`pre-recorded
`audio and video
`recordings
`featuring
`
`usical performances
`
`Class 41
`Enterlainment services, namely, roviding live musical
`erformances; Enterlainment services, namely, providing a
`website featuring non-
`downloadable,