Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA547125
`ESTTA Tracking number:
`07/08/2013
`
`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
`
`Skins International Trading AG
`07/07/2013
`
`Sennweidstrasse 43
`Steinhausen, 6312
`SWITZERLAND
`
`Attorney
`information
`
`Tamara F. Carmichael
`LOEB & LOEB LLP
`345 Park Avenue
`New York, NY 10154
`UNITED STATES
`chdocket@loeb.com, tcarmichael@loeb.com, jsarowitz@loeb.com,
`aprovencio@loeb.com, ngosselin@loeb.com, AHammitte@LALaw.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`International
`Registration No.
`Applicant
`
`85501595
`07/08/2013
`
`NONE
`
`Publication date
`Opposition
`Period Ends
`International
`Registration Date
`
`01/08/2013
`07/07/2013
`
`NONE
`
`Second Skin & Otis Ltd.
`Unit 11 35 Royal Group Crescent
`Vaughan, L4H1X9
`CANADA
`Goods/Services Affected by Opposition
`
`Class 025.
`All goods and services in the class are opposed, namely: clothing, namely, sweaters, t-shirts,
`longsleeve t-shirts, crew or v-neck pullovers, hooded pullovers, shirts, polo shirts, polo t-shirts,
`sweatshirts and fleecewear, namely, fleece tops and fleece bottoms; outerwear, namely, jackets, rain
`jackets, rain vests, wind jackets, hooded jackets, wind shirts, vests, fleece jackets, fleece vests, rain
`pants, mittens and scarves; golfwear, namely, golf shirts, golf shorts, and golf pants; and headwear,
`namely, baseball caps, golf hats, caps, hats, beanies, toques, fleece hats and earbands
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`
`3906831
`
`Application Date
`
`09/12/2006
`
`

`
`No.
`Registration Date
`
`01/18/2011
`
`Foreign Priority
`Date
`
`03/29/2006
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`S
`
`The mark consists of an "S" design within a broken circle.
`
`Class 010. First use:
`Surgical and medical garments for supporting specific muscles or groups of
`muscles, for prevention of muscle injury; for therapeutic purposes; for the control
`of vascular and/or circulatory ailments; for stabilizing injured areas of the body
`and for prevention of muscle injury, namely, compression stockings,
`compression long and short pants, compression shorts including short, half, and
`three-quarter length compression shorts, compression tights, compression long
`and short leggings, compression socks, compression sleeves, compression
`vests, compression jerseys, compression long and short sleeved tops,
`compression bibs, compression underwear; therapeutic compression garments
`for supporting specific muscles or groups of muscles, therapeutic compression
`garments for prevention of muscle injury; therapeutic compression garments;
`elastic stockings for medical or therapeutic purposes; elastic supports, namely,
`elastic supports for stabilizing injured areas of the body and for prevention of
`muscle injury
`Class 035. First use:
`Retail store services, wholesale store services, mail order services, on-line
`ordering services, and distributorships, all featuring: Surgical and medical
`garments for supporting specific muscles or groups of muscles, for prevention of
`muscle injury; for therapeutic purposes; for the control of vascular and/or
`circulatory ailments; for stabilizing injured areas of the body and for prevention
`of muscle injury, namely, compression stockings, compression long and short
`pants, compression shorts including short, half, and three-quarter length
`compression shorts, compression tights, compression long and short leggings,
`compression socks, compression sleeves, compression vests, compression
`jerseys, compression long and short sleeved tops, compression bibs,
`compression underwear; therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic compression garments for
`prevention of muscle injury; therapeutic compression garments; elastic stockings
`for medical or therapeutic purposes; elastic supports, namely, elastic supports
`for stabilizing injured areas of the body and for prevention of muscle injury
`
`U.S. Registration
`No.
`Registration Date
`
`3499197
`
`09/09/2008
`
`Application Date
`
`09/12/2006
`
`Foreign Priority
`Date
`
`03/29/2006
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`S SKINS
`
`NONE
`
`Class 010. First use:
`Surgical and medical garments for supporting specific muscles or groups of
`muscles, for prevention of muscle injury; for therapeutic purposes; for the control
`of vascular and/or circulatory ailments; for stabilizing injured areas of the body
`and for prevention of muscle injury, namely, compression stockings,
`compression long and short pants, compression shorts including short, half, and
`three-quarter length compression shorts, compression tights, compression long
`and short leggings, compression socks, compression sleeves, compression
`
`

`
`vests, compression jerseys, compression long and short sleeved tops,
`compression bibs, compression underwear, therapeutic compression garments
`for supporting specific muscles or groups of muscles, therapeutic compression
`garments for prevention of muscle injury; therapeutic compression garments;
`elastic stockings for medical or therapeutic purposes; elastic supports, namely,
`elastic supports for stabilizing injured areas of the body and for prevention of
`muscle injury
`Class 025. First use:
`Compression garments in the nature of apparel, namely, compression stockings,
`compression long and short pants, compression shorts including short, half, and
`three-quarter length compression shorts, compression tights, compression long
`and short leggings, compression socks, compression sleeves, compression
`vests, compression jerseys, compression long and short sleeved tops,
`compression bibs, and compression underwear
`Class 028. First use:
`Pads for men, women, children and babies in the nature of elbow pads for
`athletic use, shin pads for athletic use, knee pads for athletic use, shoulder pads
`for athletic use, hip pads for athletic use, thigh pads for athletic use, rib
`protectors for athletic use, padded hand and finger protectors for sport or athletic
`activity, padded jackets for athletic use; sports guards, namely, shin pads, knee
`pads, and elbow pads for athletic use, and chest protector pads for athletic use
`Class 035. First use:
`Retail store services, wholesale store services, mail order services, on-line
`ordering services, and distributorships, all featuring: surgical and medical
`garments for supporting specific muscles or groups of muscles, for prevention of
`muscle injury; for therapeutic purposes; for the control of vascular and/or
`circulatory ailments; for stabilizing injured areas of the body and for prevention
`of muscle injury, namely, compression stockings, compression long and short
`pants, compression shorts including short, half, and three-quarter length
`compression shorts, compression tights, compression long and short leggings,
`compression socks, compression sleeves, compression vests, compression
`jerseys, compression long and short sleeved tops, compression bibs,
`compression underwear, therapeutic compression garments for supporting
`specific muscles or groups of muscles, therapeutic compression garments for
`prevention of muscle injury; therapeutic compression garments; elastic stockings
`for medical or therapeutic purposes; elastic supports, namely, elastic supports
`for stabilizing injured areas of the body and for prevention of muscle injury;
`compression garments in the nature of apparel, namely, compression stockings,
`compression long and short pants, compression shorts including short, half, and
`three-quarter length compression shorts, compression tights, compression long
`and short leggings, compression socks, compression sleeves, compression
`vests, compression jerseys, compression long and short sleeved tops,
`compression bibs, and compression underwear; pads for men, women, children
`and babies in the nature of elbow pads for athletic use, shin pads for athletic
`use, knee pads for athletic use, shoulder pads for athletic use, hip pads for
`athletic use, thigh pads for athletic use, rib protectors for athletic use, padded
`hand and finger protectors for sport or athletic activity, padded jackets for
`athletic use; sports guards, namely, shin pads, knee pads, and elbow pads for
`athletic use, and chest protector pads for athletic use
`
`77901364
`
`Application Date
`
`12/28/2009
`
`NONE
`
`S
`
`Foreign Priority
`Date
`
`NONE
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`

`
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`U.S. Application
`No.
`Registration Date
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`The mark consists of a stylized letter "S" within a circle design.
`
`Class 018. First use:
`Bags of leather and imitation leather, namely, athletic bags, beach bags,
`backpacks, handbags, knapsacks, luggage, purses, wallets, key cases,
`satchels, shoulder bags, sports bags, including all-purpose sports bags, duffel
`bags, draw-string bags, gym bags, holdalls; and travelling bags
`Class 021. First use:
`Personal fluid hydration packs consisting of fluid reservoir, delivery tube and
`carrying bags
`Class 028. First use:
`Bags specially adapted for sports balls, namely, lacrosse balls and soccer balls,
`football bags, lacrosse and cricket sports gear bags, and sports bags specially
`adapted for cricket equipment
`
`77901530
`
`NONE
`
`S SKINS
`
`Application Date
`
`12/28/2009
`
`Foreign Priority
`Date
`
`NONE
`
`The mark consists of an "S" logo and the word "SKINS".
`
`Class 018. First use:
`Bags of leather and imitation leather, namely, athletic bags, beach bags,
`backpacks, handbags, knapsacks, luggage, purses, wallets, key cases,
`satchels, shoulder bags, sports bags, including all-purpose sports bags, duffel
`bags, draw-string bags, gym bags, holdalls; and travelling bags
`Class 021. First use:
`Personal fluid hydration packs consisting of fluid reservoir, delivery tube and
`carrying bags
`Class 028. First use:
`Bags specially adapted for sports balls, namely, lacrosse balls, soccer balls, and
`footballs; bags specially adapted for football, lacrosse and cricket sports gear
`bags, and sports bags specially adapted for cricket equipment
`
`77951568
`
`Application Date
`
`03/05/2010
`
`NONE
`
`S
`
`Foreign Priority
`Date
`
`NONE
`
`The mark consists of the letter "S" inside of a circular design.
`
`Class 028. First use:
`Protective padding for use in football, soccer, baseball, and rugby; knee and
`elbow pads for athletic use
`
`U.S. Application
`No.
`Registration Date
`
`85351932
`
`NONE
`
`Application Date
`
`06/21/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`TEAM S SKINS
`
`The mark consists of the wording "Team Skins" and shield design.
`
`Class 035. First use:
`Retail store services, wholesale ordering services, wholesale store services,
`mail order services, on-line retail store services and distributorship services for
`surgical and medical garments, compressions garments, therapeutic
`compression garments, stockings, elastic supports, including elastic support for
`stabilizing injured areas of the body, bags, including bags of leather and
`imitation leather, beach bags, backpacks, handbags, hydration packs,
`knapsacks, luggage, purses, satchels, shoulder bags, sports bags including all
`purpose sports bags, ball bags, bottle bags, boot bags, cricket bags, duffel bags,
`drawstring bags, football bags, gear bags, gym bags, holdalls, kit bags and team
`bags, travelling bags, wallets, textile and textile goods, bath linen, bed covers,
`bed sheets and bed clothes, cushion covers, pillowcases, rugs, sheets, sleeping
`bags, table covers and linen, towels including sports towels, beach towels and
`bath towels, clothing, footwear, headgear, including clothing for men, women,
`children and babies, clothing for sports including cricket, cycling, football, golf,
`gymnastics, rugby and skiing, clothing for motorists and travelers, compression
`garments, underwear including compression underwear, outerwear, overcoats,
`leisure clothing, jackets, jumpers, pullovers, sports jerseys, vests, shirts, T-
`shirts, pants, trousers, shorts, pyjamas, dressing gowns, bath robes, swim wear
`including bathing trunks and bathing suits, thermal clothing, wetsuits, waterproof
`clothing, wrist bands, shoes and boots including football shoes and boots,
`gymnastic shoes, other sports shoes and boots, socks, stockings, tights,
`bandannas and headbands, padded clothing, including padded clothing for men,
`women, children and babies, padded clothing for sport, sports guards including
`chest protectors, shin pads, knee pads and elbow pads; advertising services
`and marketing services
`
`U.S. Application
`No.
`Registration Date
`
`85351837
`
`NONE
`
`Application Date
`
`06/21/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`TEAM S SKINS
`
`The mark consists of the wording "Team Skins" and shield design.
`
`Class 018. First use:
`Bags, namely, bags of leather and imitation leather; athletic bags; beach bags;
`backpacks; handbags; knapsacks; luggage; purses; wallets; key cases;
`satchels; shoulder bags; sports bags, namely, all purpose sports bags; all-
`purpose carrying bags for sports in the field of lacrosse, football, baseball,
`basketball, cricket and soccer; bags for carrying bottles; duffel bags; drawstring
`bags; gear bags, gym bags; all purpose carrying bags; kit bags and team bags
`for sports; travelling bags; umbrellas
`
`U.S. Application
`No.
`Registration Date
`
`85343513
`
`NONE
`
`Word Mark
`Design Mark
`
`TEAM SKINS
`
`Application Date
`
`06/10/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 018. First use:
`Bags, namely, bags of leather and imitation leather; athletic bags; beach bags;
`backpacks; handbags; knapsacks; luggage; purses; wallets; key cases;
`satchels; shoulder bags; sports bags, namely, all purpose sports bags; bags to
`carry balls for lacrosse, football, baseball, basketball and soccer; bags for
`carrying bottles; cricket bags; duffel bags; drawstring bags; football bags; gear
`bags, gym bags; all purpose carrying bags; kit bags and team bags for sports;
`travelling bags; umbrellas
`
`U.S. Application
`No.
`Registration Date
`
`85351903
`
`NONE
`
`Application Date
`
`06/21/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`TEAM S SKINS
`
`The mark consists of the wording "TEAM SKINS" and a shield design with the
`letter "S" inside a circle design.
`Class 025. First use:
`Clothing, namely, shirts, pants; footwear; headgear, namely, hats; clothing for
`men, women, children and babies, namely, shirts, pants; clothing for sports,
`namely, cricket, cycling, football, golf, gymnastics, rugby and skiing in the nature
`of shirts, pants; clothing for motorists and travelers; compression garments for
`athletic or other non-medical use, namely, compression underwear; underwear;
`outerwear, namely, overcoats; leisure clothing, namely, shirts, pants; jackets;
`jumpers; pullovers; sports jerseys; vests; shirts; T shirts; pants; padded clothing,
`namely, padded clothing for men, women, children and babies in the nature of
`shirts, pants; padded clothing for sport, namely, shirts, pants; trousers; shorts;
`pyjamas; dressing gowns; bath robes; swimwear, namely, bathing trunks and
`bathing suits; thermal clothing, namely, thermal socks, thermal underwear;
`wetsuits; waterproof clothing, namely, jackets, pants; wrist bands; shoes and
`boots, namely, football shoes and boots, gymnastic shoes; other sports shoes
`and boots, namely, soccer shoes; socks, stockings, tights, namely, compression
`socks and stockings; bandanas and headbands
`
`U.S. Application
`No.
`Registration Date
`
`85343554
`
`NONE
`
`Application Date
`
`06/10/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`TEAM SKINS
`
`NONE
`
`Class 025. First use:
`Clothing, namely, shirts, pants; footwear; headgear, namely, hats; clothing for
`men, women, children and babies, namely, shirts, pants; clothing for sports,
`namely, cricket, cycling, football, golf, gymnastics, rugby and skiing in the nature
`of shirts, pants; clothing for motorists and travelers; compression garments for
`athletic or other non-medical use, namely, compression underwear; underwear;
`outerwear, namely, overcoats; leisure clothing, namely, shirts, pants; jackets;
`jumpers; pullovers; sports jerseys; vests; shirts; T shirts; pants; padded clothing,
`namely, padded clothing for men, women, children and babies in the nature of
`shirts, pants; padded clothing for sport, namely, shirts, pants; trousers; shorts;
`
`

`
`pyjamas; dressing gowns; bath robes; swimwear, namely, bathing trunks and
`bathing suits; thermal clothing, namely, thermal socks, thermal underwear;
`wetsuits; waterproof clothing, namely, jackets, pants; wrist bands; shoes and
`boots, namely, football shoes and boots, gymnastic shoes; other sports shoes
`and boots, namely, soccer shoes; socks, stockings, tights, namely, compression
`socks and stockings; bandanas and headbands
`
`U.S. Application
`No.
`Registration Date
`
`85343603
`
`NONE
`
`Application Date
`
`06/10/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`Design Mark
`Description of
`Mark
`Goods/Services
`
`TEAM SKINS
`
`NONE
`
`Class 035. First use:
`Retail store services, wholesale ordering services, wholesale store services,
`mail order services, on-line retail store services and distributorship services for
`surgical and medical garments, compressions garments, therapeutic
`compression garments, stockings, elastic supports, including elastic support for
`stabilizing injured areas of the body, bags, including bags of leather and
`imitation leather, beach bags, backpacks, handbags, hydration packs,
`knapsacks, luggage, purses, satchels, shoulder bags, sports bags including all
`purpose sports bags, ball bags, bottle bags, boot bags, cricket bags, duffel bags,
`drawstring bags, football bags, gear bags, gym bags, holdalls, kit bags and team
`bags, travelling bags, wallets, textile and textile goods, bath linen, bed covers,
`bed sheets and bed clothes, cushion covers, pillowcases, rugs, sheets, sleeping
`bags, table covers and linen, towels including sports towels, beach towels and
`bath towels, clothing, footwear, headgear, including clothing for men, women,
`children and babies, clothing for sports including cricket, cycling, football, golf,
`gymnastics, rugby and skiing, clothing for motorists and travelers, compression
`garments, underwear including compression underwear, outerwear, overcoats,
`leisure clothing, jackets, jumpers, pullovers, sports jerseys, vests, shirts, T-
`shirts, pants, trousers, shorts, pyjamas, dressing gowns, bath robes, swim wear
`including bathing trunks and bathing suits, thermal clothing, wetsuits, waterproof
`clothing, wrist bands, shoes and boots including football shoes and boots,
`gymnastic shoes, other sports shoes and boots, socks, stockings, tights,
`bandannas and headbands, padded clothing, including padded clothing for men,
`women, children and babies, padded clothing for sport, sports guards including
`chest protectors, shin pads, knee pads and elbow pads; advertising services
`and marketing services
`
`Attachments
`
`1210913_1.pdf(84690 bytes )
`
`Certificate of Service
`
`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.
`
`Signature
`Name
`Date
`
`/Tamara F. Carmichael/
`Tamara F. Carmichael
`07/08/2013
`
`

`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 85/501,595: SECOND SKIN GARMENT
`COMPANY
`
`Published in the Official Gazette of January 8, 2013
`
`Opposition No. _______________
`
`SKINS INTERNATIONAL TRADING AG )
`)
`
`))
`
`))
`
`)))
`
`)
`
`Opposer,
`
`v.
`
`SECOND SKIN & OTIS LTD.
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Skins International Trading AG (“Opposer”), a corporation located and doing business at
`
`Sennweidstasse 43 Steinhausen, Switzerland, 6312, believes it will be damaged by the
`
`registration of the trademark SECOND SKIN GARMENT COMPANY in International Class
`
`25 in Application Serial No. 85/501,595, filed by Second Skin & Otis Ltd. (“Applicant”), and
`
`hereby opposes the same.
`
`As grounds for this opposition, Opposer alleges:
`
`1.
`
`Opposer has pioneered and engineered a line of athletic apparel known as SKINS.
`
`The company offers, inter alia, SKINS apparel for variety of sports and sells its SKINS products
`
`through retailers in the United States and internationally, including through its own online store
`
`located at www.skins.net.
`
`2.
`
`Since long prior to the filing of Applicant’s Application Serial No. 85/501,595,
`
`Opposer has marketed, distributed and sold its SKINS products and services under the
`
`trademarks S SKINS and S, and others (collectively the “SKINS Marks”).
`
`1
`
`

`
`3.
`
`Opposer owns registrations and applications for the SKINS Marks in International
`
`Classes 10, 18, 25, 28, and 35 for a variety of goods, including, but not limited to, clothing,
`
`apparel, and compression garments often worn by consumers for athletic and/or medical use,
`
`including long and short sleeved tops, jerseys, vests, shorts, pants, tights, and leggings, bags and
`
`accessories, and for retail services, including store, wholesale, mail-order, on-line and distributor
`
`services for such garments and accessories. Opposer’s registrations and applications include, but
`
`are not limited to the registrations and applications set forth in Exhibit A to this Notice of
`
`Opposition. These registrations and applications are valid, subsisting, and owned by Opposer.
`
`4.
`
`By virtue of the popularity of Opposer’s goods and services offered or sold in
`
`connection with the SKINS Marks, and its advertising and promotion of the SKINS Marks,
`
`Opposer has built up and now owns an extremely valuable goodwill and reputation which is
`
`symbolized by its SKINS Marks.
`
`5.
`
`Applicant’s proposed use of the SECOND SKIN GARMENT COMPANY mark
`
`for “clothing, namely, sweaters, t-shirts, longsleeve t-shirts, crew or v-neck pullovers, hooded
`
`pullovers, shirts, polo shirts, polo t-shirts, sweatshirts and fleecewear, namely, fleece tops and
`
`fleece bottoms; outerwear, namely, jackets, rain jackets, rain vests, wind jackets, hooded jackets,
`
`wind shirts, vests, fleece jackets, fleece vests, rain pants, mittens and scarves; golfwear, namely,
`
`golf shirts, golf shorts, and golf pants; and headwear, namely, baseball caps, golf hats, caps, hats,
`
`beanies, toques, fleece hats and earbands” in International Class 025 (“Applicant’s Goods”) in
`
`App. Ser. No. 85/501,595 is without Opposer’s consent or permission.
`
`6.
`
`Opposer believes that Applicant’s proposed use of SECOND SKIN GARMENT
`
`COMPANY for Applicant’s Goods may cause confusion, mistake, or deception in that
`
`consumers may be likely to believe Applicant’s Goods are Opposer’s goods or the goods of a
`
`2
`
`

`
`person or company that
`
`is sponsored, authorized or licensed by, or in some other way
`
`legitimately connected with, Opposer.
`
`WHEREFORE, Opposer respectfully requests that this opposition be sustained and that
`
`Application Serial No. 85/501,595 be denied registration.
`
`Please debit our Deposit Account No. 502547 for the filing fee and for any additional
`
`necessary fees.
`
`Please address all correspondence to Tamara Carmichael, Esq., Loeb & Loeb LLP, 345
`
`Park Avenue, New York, New York, 10154.
`
`Date:
`
`July 8, 2013
`
`LOEB & LOEB LLP
`
`By:
`
`_/s/ Tamara Carmichael___________
`Tamara Carmichael
`Jodi R. Sarowitz
`345 Park Avenue
`New York, New York 10154
`Telephone: (212) 407-4000
`Facsimile: (212) 407-4990
`
`Attorneys for Opposer
`Skins International Trading AG
`
`3
`
`

`
`CERTIFICATE OF SERVICE
`
`I, Noreen Gosselin, hereby certify that a copy of this NOTICE OF OPPOSITION has
`
`been served upon:
`
`ANN LAMPORT HAMMITTE
`LANDO & ANASTASI, LLP
`ONE MAIN STREET-ELEVENTH FLOOR
`RIVERFRONT OFFICE PARK
`CAMBRIDGE, MASSACHUSETTS 02142
`
`via first class mail, postage prepaid, on this 8th day of July, 2013.
`
`/s/ Noreen Gosselin
`
`4
`
`

`
`Exhibit A
`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`3906831
`
`REG. OR
`APP.
`DATE
`1/18/2011
`
`GOODS AND SERVICES
`
`Int’l Class 10: Surgical and
`medical garments for supporting
`specific muscles or groups of
`muscles, for prevention of muscle
`injury; for therapeutic purposes; for
`the control of vascular and/or
`circulatory ailments; for stabilizing
`injured areas of the body and for
`prevention of muscle injury,
`namely, compression stockings,
`compression long and short pants,
`compression shorts including short,
`half, and three-quarter length
`compression shorts, compression
`tights, compression long and short
`leggings, compression socks,
`compression sleeves, compression
`vests, compression jerseys,
`compression long and short sleeved
`tops, compression bibs,
`compression underwear;
`therapeutic compression garments
`for supporting specific muscles or
`groups of muscles, therapeutic
`compression garments for
`prevention of muscle injury;
`therapeutic compression garments;
`elastic stockings for medical or
`therapeutic purposes; elastic
`supports, namely, elastic supports
`for stabilizing injured areas of the
`body and for prevention of muscle
`injury
`
`Int’l Class 35: Retail store services,
`wholesale store services, mail order
`services, on-line ordering services,
`and distributorships, all featuring:
`Surgical and medical garments for
`supporting specific muscles or
`groups of muscles, for prevention
`of muscle injury; for therapeutic
`purposes; for the control of
`vascular and/or circulatory
`ailments; for stabilizing injured
`areas of the body and for
`prevention of muscle injury,
`namely, compression stockings,
`compression long and short pants,
`
`5
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`GOODS AND SERVICES
`
`REG. OR
`APP.
`DATE
`
`3499197
`
`9/9/2008
`
`compression shorts including short,
`half, and three-quarter length
`compression shorts, compression
`tights, compression long and short
`leggings, compression socks,
`compression sleeves, compression
`vests, compression jerseys,
`compression long and short sleeved
`tops, compression bibs,
`compression underwear;
`therapeutic compression garments
`for supporting specific muscles or
`groups of muscles, therapeutic
`compression garments for
`prevention of muscle injury;
`therapeutic compression garments;
`elastic stockings for medical or
`therapeutic purposes; elastic
`supports, namely, elastic supports
`for stabilizing injured areas of the
`body and for prevention of muscle
`injury
`Int’l Class 10: Surgical and
`medical garments for supporting
`specific muscles or groups of
`muscles, for prevention of muscle
`injury; for therapeutic purposes; for
`the control of vascular and/or
`circulatory ailments; for stabilizing
`injured areas of the body and for
`prevention of muscle injury,
`namely, compression stockings,
`compression long and short pants,
`compression shorts including short,
`half, and three-quarter length
`compression shorts, compression
`tights, compression long and short
`leggings, compression socks,
`compression sleeves, compression
`vests, compression jerseys,
`compression long and short sleeved
`tops, compression bibs,
`compression underwear,
`therapeutic compression garments
`for supporting specific muscles or
`groups of muscles, therapeutic
`compression garments for
`prevention of muscle injury;
`therapeutic compression garments;
`elastic stockings for medical or
`therapeutic purposes; elastic
`
`6
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`GOODS AND SERVICES
`
`REG. OR
`APP.
`DATE
`
`supports, namely, elastic supports
`for stabilizing injured areas of the
`body and for prevention of muscle
`injury
`
`Int’l Class 025: Compression
`garments in the nature of apparel,
`namely, compression stockings,
`compression long and short pants,
`compression shorts including short,
`half, and three-quarter length
`compression shorts, compression
`tights, compression long and short
`leggings, compression socks,
`compression sleeves, compression
`vests, compression jerseys,
`compression long and short sleeved
`tops, compression bibs, and
`compression underwear
`
`Int’l Class 028: Pads for men,
`women, children and babies in the
`nature of elbow pads for athletic
`use, shin pads for athletic use, knee
`pads for athletic use, shoulder pads
`for athletic use, hip pads for
`athletic use, thigh pads for athletic
`use, rib protectors for athletic use,
`padded hand and finger protectors
`for sport or athletic activity, padded
`jackets for athletic use; sports
`guards, namely, shin pads, knee
`pads, and elbow pads for athletic
`use, and chest protector pads for
`athletic use
`
`Int’l Class 035: Retail store
`services, wholesale store services,
`mail order services, on-line
`ordering services, and
`distributorships, all featuring:
`surgical and medical garments for
`supporting specific muscles or
`groups of muscles, for prevention
`of muscle injury; for therapeutic
`purposes; for the control of
`vascular and/or circulatory
`ailments; for stabilizing injured
`areas of the body and for
`prevention of muscle injury,
`namely, compression stockings,
`compression long and short pants,
`
`7
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`GOODS AND SERVICES
`
`REG. OR
`APP.
`DATE
`
`compression shorts including short,
`half, and three-quarter length
`compression shorts, compression
`tights, compression long and short
`leggings, compression socks,
`compression sleeves, compression
`vests, compression jerseys,
`compression long and short sleeved
`tops, compression bibs,
`compression underwear,
`therapeutic compression garments
`for supporting specific muscles or
`groups of muscles, therapeutic
`compression garments for
`prevention of muscle injury;
`therapeutic compression garments;
`elastic stockings for medical or
`therapeutic purposes; elastic
`supports, namely, elastic supports
`for stabilizing injured areas of the
`body and for prevention of muscle
`injury; compression garments in
`the nature of apparel, namely,
`compression stockings,
`compression long and short pants,
`compression shorts including short,
`half, and three-quarter length
`compression shorts, compression
`tights, compression long and short
`leggings, compression socks,
`compression sleeves, compression
`vests, compression jerseys,
`compression long and short sleeved
`tops, compression bibs, and
`compression underwear. pads for
`men, women, children and babies
`in the nature of elbow pads for
`athletic use, shin pads for athletic
`use, knee pads for athletic use,
`shoulder pads for athletic use, hip
`pads for athletic use, thigh pads for
`athletic use, rib protectors for
`athletic use, padded hand and
`finger protectors for sport or
`athletic activity, padded jackets for
`athletic use; sports guards, namely,
`shin pads, knee pads, and elbow
`pads for athletic use, and chest
`protector pads for athletic use
`
`8
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`77/901364
`
`77/901530
`
`77/951568
`
`9
`
`GOODS AND SERVICES
`
`Int’l Class 018: Bags of leather and
`imitation leather, namely, athletic
`bags, beach bags, backpacks,
`handbags, knapsacks, luggage,
`purses, wallets, key cases, satchels,
`shoulder bags, sports bags,
`including all-purpose sports bags,
`duffel bags, draw-string bags, gym
`bags, holdalls; and travelling bags
`
`Int’l Class 021: Personal fluid
`hydration packs consisting of fluid
`reservoir, delivery tube and
`carrying bags
`
`Int’l Class 028: Bags specially
`adapted for sports balls, namely,
`lacrosse balls and soccer balls,
`football bags, lacrosse and cricket
`sports gear bags, and sports bags
`specially adapted for cricket
`equipment
`Int’l Class 018: Bags of leather and
`imitation leather, namely, athletic
`bags, beach bags, backpacks,
`handbags, knapsacks, luggage,
`purses, wallets, key cases, satchels,
`shoulder bags, sports bags,
`including all-purpose sports bags,
`duffel bags, draw-string bags, gym
`bags, holdalls; and travelling bags
`
`Int’l Class 021: Personal fluid
`hydration packs consisting of fluid
`reservoir, delivery tube and
`carrying bags
`
`Int’l Class 028: Bags specially
`adapted for sports balls, namely,
`lacrosse balls, soccer balls, and
`footballs; bags specially adapted
`for football, lacrosse and cricket
`sports gear bags, and sports bags
`specially adapted for cricket
`equipment
`Int’l Class 028: Protective padding
`for use in football, soccer, baseball,
`and rugby; knee and elbow pads for
`athletic use
`
`REG. OR
`APP.
`DATE
`12/28/2009
`
`12/29/2009
`
`3/5/2010
`
`

`
`TRADEMARK
`
`REG. OR
`APP. NO.
`
`85/351932
`
`REG. OR
`APP.
`DATE
`June 21,
`2011
`
`GOODS AND SERVICES
`
`Int’l Class 035: Retail store
`services, wholesale ordering
`services, wholesale store services,
`mail order services, on-line retail
`store services and distributorship
`services for surgical and medical
`garments, compressions garments,
`therapeutic compression garments,
`stockings, elastic supports,
`including elastic support for
`s