Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA642385
`ESTTA Tracking number:
`12/03/2014
`
`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 ex-
`tension
`Address
`
`Beats Electronics, LLC
`12/03/2014
`
`8600 Hayden Place
`Culver City, CA 90232
`UNITED STATES
`
`Attorney informa-
`tion
`
`Michael Kelber & Katherine Dennis Nye
`Neal, Gerber & Eisenberg LLP
`Two North LaSalle StreetSuite 1700
`Chicago, IL 60602
`UNITED STATES
`mkelber@ngelaw.com, knye@ngelaw.com, kspicer@ngelaw.com, afuelle-
`man@ngelaw.com, mzmora@ngelaw.com, fwestbrown@ngelaw.com, docket-
`mail@ngelaw.com
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86233527
`12/03/2014
`
`Publication date
`Opposition Peri-
`od Ends
`
`08/05/2014
`12/03/2014
`
`Griner, Aviram
`7915 Aldea Ave
`Van Nuys, CA 91406
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Entertainment rendered by a musical artist,
`namely, entertainment in the natureof live visual and audio performances by a musical artist; live per-
`formances bya musical artist; Providing an Internetwebsite portal in the field of music; Entertainment
`services, namely, live, televised and movie appearances by a musical artist; Entertainment services,
`namely, personal appearances by a musical artist
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3862142
`
`10/12/2010
`
`Application Date
`
`06/03/2008
`
`Foreign Priority
`
`NONE
`
`

`
`Word Mark
`Design Mark
`
`BEATS
`
`Date
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2008/07/01 First Use In Commerce: 2008/07/01
`headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4035777
`
`10/04/2011
`
`Word Mark
`Design Mark
`
`BEATS
`
`Application Date
`
`06/03/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/09/07 First Use In Commerce: 2010/09/07
`Audio speakers; loudspeakers
`
`U.S. Registration
`No.
`Registration Date
`
`4361690
`
`07/02/2013
`
`Word Mark
`
`BEATS
`
`Application Date
`
`02/05/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/09/07 First Use In Commerce: 2010/09/07
`loudspeakers, audio speakers, car audiospeakers, media players for automo-
`biles, CD players for automobiles
`Class 025. First use: First Use: 2011/11/05 First Use In Commerce: 2011/11/05
`T-shirts
`
`U.S. Registration
`No.
`Registration Date
`
`4529746
`
`05/13/2014
`
`Word Mark
`Design Mark
`
`BEATS
`
`Application Date
`
`07/21/2009
`
`Foreign Priority
`Date
`
`06/17/2009
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2008/07/01 First Use In Commerce: 2008/07/01
`electronic cables, namely, audio electric cables and cable connectors; power
`cables and cable connectors; audio speakers for home theater systems
`Class 025. First use: First Use: 2011/11/05 First Use In Commerce: 2011/11/05
`headgear, namely, caps, hats
`Class 041. First use: First Use: 2013/12/05 First Use In Commerce: 2013/12/05
`Provision of live entertainment and recorded entertainment, namely, live musical
`performances by musical bands and DJs;musical entertainment in the nature of
`live visual and audio performances by musical groups and DJs; exhibitions,
`namely, exhibitions concerning music; musicalentertainment in the nature of live
`visual and audio performances by musical groups and DJs; exhibitions, namely,
`exhibitions concerning music
`
`U.S. Registration
`No.
`Registration Date
`
`4537908
`
`05/27/2014
`
`Application Date
`
`02/05/2009
`
`Foreign Priority
`
`NONE
`
`

`
`Word Mark
`Design Mark
`
`BEATS
`
`Date
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/08/00 First Use In Commerce: 2012/08/00
`Carrying cases for headphones
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4543712
`
`06/03/2014
`
`BEATBOX
`
`Application Date
`
`04/21/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/09/00 First Use In Commerce: 2010/09/00
`Audio related products and equipment, namely, speakers; and docking stations
`for portable music players
`
`U.S. Registration
`No.
`Registration Date
`
`3921110
`
`02/15/2011
`
`Word Mark
`
`HEARTBEATS
`
`Application Date
`
`06/11/2009
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2009/09/16 First Use In Commerce: 2009/09/16
`personal headphones for use with sound transmitting systems; headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4177191
`
`07/17/2012
`
`Word Mark
`Design Mark
`
`BEATS PRO
`
`Application Date
`
`06/08/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`Headphones; personal headphones for usewith sound transmitting systems
`
`U.S. Registration
`No.
`Registration Date
`
`4173065
`
`07/10/2012
`
`Word Mark
`Design Mark
`
`JUSTBEATS
`
`Application Date
`
`06/25/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`headsets for mobile phones; headphones;personal headphones for use with
`sound transmitting systems
`
`U.S. Registration
`No.
`Registration Date
`
`4176105
`
`07/17/2012
`
`Word Mark
`Design Mark
`
`BEATS BY DR. DRE
`
`Application Date
`
`07/21/2009
`
`Foreign Priority
`Date
`
`06/17/2009
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`media players for automobiles; DVD players for automobiles; CD players for
`automobiles; digital audio players for automobiles; audio speakers; car audio
`speakers; loudspeakers; loudspeaker cabinets; horns for loudspeakers; head-
`phones; personal headphones for use with sound transmitting systems; media
`players for automobiles
`Class 025. First use: First Use: 2011/11/05 First Use In Commerce: 2011/11/05
`T-shirts
`
`U.S. Registration
`No.
`Registration Date
`
`4572603
`
`07/22/2014
`
`Word Mark
`Design Mark
`
`BEATS BY DR. DRE
`
`Application Date
`
`07/21/2009
`
`Foreign Priority
`Date
`
`06/17/2009
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/10/16 First Use In Commerce: 2012/10/16
`Audio speakers for home theater systems
`
`

`
`U.S. Registration
`No.
`Registration Date
`
`4198937
`
`08/28/2012
`
`Word Mark
`Design Mark
`
`IBEATS
`
`Application Date
`
`12/17/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2010/10/14 First Use In Commerce: 2010/10/14
`Headsets for mobile telephones; headphones; personal headphones for use
`with sound transmitting systems
`
`U.S. Registration
`No.
`Registration Date
`
`4314478
`
`04/02/2013
`
`Word Mark
`Design Mark
`
`BEATS STUDIO
`
`Application Date
`
`02/27/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/07/01 First Use In Commerce: 2012/07/01
`Headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4314920
`
`04/02/2013
`
`Word Mark
`
`BEATS EXECUTIVE
`
`Application Date
`
`03/16/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/10/16 First Use In Commerce: 2012/10/16
`headphones
`
`U.S. Registration
`No.
`Registration Date
`
`Word Mark
`Design Mark
`
`4314930
`
`04/02/2013
`
`URBEATS
`
`Application Date
`
`03/09/2012
`
`Foreign Priority
`Date
`
`09/12/2011
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2011/11/00 First Use In Commerce: 2011/11/00
`Headphones
`
`U.S. Registration
`No.
`Registration Date
`
`4314931
`
`04/02/2013
`
`Word Mark
`Design Mark
`
`BEATS PILL
`
`Application Date
`
`01/09/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2012/10/16 First Use In Commerce: 2012/10/16
`audio speakers; loudspeakers
`
`U.S. Registration
`No.
`Registration Date
`
`4564379
`
`07/08/2014
`
`Word Mark
`Design Mark
`
`BEATSAUDIO
`
`Application Date
`
`03/16/2010
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 009. First use: First Use: 2010/01/17 First Use In Commerce: 2010/01/17
`Cell phones; smart phones; laptop computers; computer accessories, namely,
`computer monitors; media players for automobiles, DVD players for automo-
`biles, CD players for automobiles, digital audio players for automobiles; digital
`video players for automobiles
`
`77980257#TMSN.png( bytes )
`77982434#TMSN.png( bytes )
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`85020116#TMSN.png( bytes )
`77980836#TMSN.png( bytes )
`85976944#TMSN.png( bytes )
`85976728#TMSN.png( bytes )
`77983185#TMSN.png( bytes )
`77786492#TMSN.png( bytes )
`77983208#TMSN.png( bytes )
`85554241#TMSN.png( bytes )
`85978133#TMSN.png( bytes )
`85978526#TMSN.png( bytes )
`85978529#TMSN.png( bytes )
`77960477#TMSN.png( bytes )
`BEATSNOB Notice of Opposition 20411753_1.pdf(26518 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
`
`/Michael G. Kelber/
`Michael Kelber & Katherine Dennis Nye
`12/03/2014
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Opposition No.
`
`
`
`
`
`BEATS ELECTRONICS, LLC
`
`
`
`
`
`
`
`
`
`Opposer,
`
` v.
`
`
`AVIRAM GRINER,
`
`
`
`
`
`Applicant.
`
`
`
`NOTICE OF OPPOSITION
`
`Beats Electronics, LLC (“Beats”), a limited liability company organized under the laws
`
`of Delaware with a place of business at 8600 Hayden Place, Culver City, California 90232,
`
`believes that it will be damaged by the registration of the mark BEATSNOB in International
`
`Class 41, as shown in Application Serial No. 86/233,527 (the “Application”) filed by Applicant,
`
`Aviram Griner (“Applicant”), a California resident, having resided at 7915 Aldea Avenue, Van
`
`Nuys, California 91406, and hereby opposes the same and requests that the registration to
`
`Applicant be refused.
`
`The grounds for Beats’ Opposition are as follows:
`
`1.
`
`Beats is a worldwide leader in providing a premium sound experience at every
`
`touch point of the consumer’s life. Beats’ mission is to provide a superior end-to-end music
`
`experience - with headphones, devices, and services - so fans feel the emotion and hear the music
`
`the way artists intended it to sound from the studio. Moreover, Beats’ products are among the
`
`most popular audio-related products in the United States, have been extensively promoted and
`
`advertised, and have been the subject of extensive unsolicited publicity resulting from their high-
`
`quality, innovative design and well-received marketing campaigns.
`
`

`
`
`
`Beats’ Prior Rights
`
`2.
`
`Since substantially prior to the acts of Applicant alleged herein, Beats has been
`
`using and continues to use a variety of marks incorporating the term “BEATS” in connection
`
`with the distribution and sale, of audio-related products, entertainment services, and apparel
`
`3.
`
`Beats owns several U.S. federal registrations for marks incorporating the term
`
`“BEATS,” including the following:
`
`MARK
`
`BEATS
`BEATS
`BEATS
`
`BEATS
`
`BEATS
`BEATBOX
`
`HEARTBEATS
`
`
`
`INTERNATIONAL CLASS &
`GOODS
`IC 9: headphones
`IC 9: Audio speakers; loudspeakers
`IC 9: loudspeakers, audio speakers,
`car audio speakers, media players for
`automobiles, CD players for
`automobiles.
`IC 25: T-shirts
`IC 9: electronic cables, namely, audio
`electric cables and cable connectors;
`power cables and cable connectors;
`audio speakers for home theater
`systems.
`IC 25: headgear, namely, caps, hats.
`IC 41: Provision of live entertainment
`and recorded entertainment, namely,
`live musical performances by musical
`bands and DJs; musical entertainment
`in the nature of live visual and audio
`performances by musical groups and
`DJs; exhibitions, namely, exhibitions
`concerning music; musical
`entertainment in the nature of live
`visual and audio performances by
`musical groups and DJs; exhibitions,
`namely, exhibitions concerning music
`IC 9: Carrying cases for headphones
`IC 9: Audio related products and
`equipment, namely, speakers; and
`docking stations for portable music
`players
`IC 9: personal headphones for use
`with sound transmitting systems;
`headphones
`
`2
`
`REGISTRATION
`NUMBER
`3,862,142
`4,035,777
`4,361,690
`
`PRIORITY DATE
`
`June 3, 2008
`June 3, 2008
`February 5, 2009
`
`4,529,746
`
`July 21, 2009
`
`4,537,908
`4,543,712
`
`February 5, 2009
`April 21, 2010
`
`3,921,110
`
`June 11, 2009
`
`

`
`REGISTRATION
`NUMBER
`4,177,191
`
`PRIORITY DATE
`
`June 8, 2010
`
`4,173,065
`
`June 25, 2010
`
`4,176,105
`
`July 29, 2009
`
`4,572,603
`
`July 21, 2009
`
`4,198,937
`
`December 17, 2009
`
`4,314,478
`4,314,920
`
`4,314,930
`4,314,931
`4,564,379
`
`February 27, 2012
`March 16, 2012
`
`March 9, 2012
`January 9, 2012
`March 16, 2010
`
`MARK
`
`BEATS PRO
`
`JUSTBEATS
`
`BEATS BY DR.
`DRE
`
`BEATS BY DR.
`DRE
`IBEATS
`
`BEATS STUDIO
`BEATS
`EXECUTIVE
`URBEATS
`BEATS PILL
`BEATSAUDIO
`
`INTERNATIONAL CLASS &
`GOODS
`IC 9: Headphones; personal
`headphones for use with sound
`transmitting systems
`IC 9: headsets for mobile phones;
`headphones; personal headphones for
`use with sound transmitting systems
`IC 9: media players for automobiles,
`DVD players for automobiles, CD
`players for automobiles, digital audio
`players for automobiles, audio
`speakers, car audio speakers,
`loudspeakers, loudspeaker cabinets,
`horns for loudspeakers, headphones,
`personal headphones for use with
`sound transmitting systems, and
`media players for automobiles
`IC 9: Audio speakers for home theater
`systems
`IC 9: Headsets for mobile telephones;
`headphones; personal headphones for
`use with sound transmitting -systems.
`IC 9: Headphones
`IC 9: Headphones
`
`IC 9: Headphones
`IC 9: audio speakers; loudspeakers
`IC 9: Cell phones; smart phones;
`laptop computers; computer
`accessories, namely, computer
`monitors; media players for
`automobiles, DVD players for
`automobiles, CD players for
`automobiles, digital audio players for
`automobiles; digital video players for
`automobiles
`
`
`
`4.
`
`Likewise, Beats owns several pending U.S. federal trademark applications for
`
`marks incorporating the term “BEATS,” including the following:
`
`MARK
`
`INTERNATIONAL CLASS &
`REPRESENTATIVE GOODS
`
`BEATS MUSIC
`
`IC 9: Computer software for use in
`the delivery, distribution and
`transmission of digital music and
`entertainment-related audio, video,
`
`
`
`3
`
`APPLICATION
`SERIAL
`NUMBER
`86/087,567
`
`
`
`PRIORITY DATE
`
`October 9, 2013
`
`

`
`text and multimedia content;
`computer software for enabling
`transmission, storage, sharing,
`collection, editing, organizing and
`modifying audio, video, messages,
`images and other data for use in social
`networking, online chats and
`interactive gaming, for use in creating
`social networking databases and for
`use in social networking database
`management
`
`IC 38: streaming of audio and
`audiovisual content via electronic
`communication networks, local and
`global computer networks and
`wireless communication networks;
`webcasting services
`
`IC 41: entertainment services,
`namely, providing online radio and
`television programs featuring music
`and entertainment, current event
`news, entertainment news,
`entertainment-related programs in the
`nature of videos of musical
`performances, and online computer
`games, all delivered to users via a
`communication network; providing an
`online database via a communication
`network featuring music, film,
`television programs, current event
`news, entertainment news, sports,
`entertainment-related programs and
`games; music production; providing
`online computer games; rental of
`films, video and computer games and
`music recordings via a
`communication network
`
`
`
`5.
`
`Through the common law use, application, and registration of various marks
`
`incorporating the term “BEATS,” Beats has created a family of marks such that consumers have
`
`become accustomed to seeing and therefore recognizing products and services with BEATS-
`
`based marks as originating from Beats (hereinafter referred to as the “family of BEATS marks”
`
`
`
`4
`
`

`
`or “the BEATS Marks”). The public has come to recognize the common characteristic of the
`
`family of BEATS marks (the term BEAT or BEATS in each of them) as indicating the source of
`
`these goods and services, namely, Beats.
`
`6.
`
`Beats has devoted substantial resources, time, and effort to develop, market, and,
`
`and promote its BEATS Marks. Through these efforts, and long before the filing of the
`
`Application, Beats built up and established extensive and valuable goodwill in the BEATS
`
`Marks. As a result, the public has come to know, identify, and recognize products and services
`
`bearing or marketed in association with marks incorporating the term “BEATS” as originating
`
`with or authorized by Beats.
`
`7.
`
`Furthermore, through Beats’ efforts BEATS Marks, both individually and
`
`collectively, have become famous and had become famous prior to Applicant’s filing of the
`
`Application.
`
`
`
`Beats Will Be Harmed If Applicant’s Mark Registers
`
`8.
`
`On information and belief, Applicant is an individual with a mailing address of
`
`7915 Aldea Avenue, Van Nuys, California 91406.
`
`9.
`
`On November 13, 2013, notwithstanding Beats’ prior rights in and to the BEATS
`
`Marks, Applicant filed its application to register BEATSNOB in International Class 41 for
`
`“Entertainment rendered by a musical artist, namely, entertainment in the nature of live visual
`
`and audio performances by a musical artist; live performances by a musical artist; Providing an
`
`Internet website portal in the field of music; Entertainment services, namely, live, televised and
`
`movie appearances by a musical artist; Entertainment services, namely, personal appearances by
`
`a musical artist” (the “Application”, BEATSNOB “Applicant’s Mark”). The Applications were
`
`
`
`5
`
`

`
`filed under Lanham Act §1(b), based on Applicant’s alleged intent to use Applicant’s Mark in
`
`U.S. commerce.
`
`10.
`
`The Application was published in the Official Gazette (Trademarks) of the United
`
`States Patent and Trademark Office on August 5, 2014 respectively. This Opposition is timely
`
`pursuant to the U.S. Trademark Trial & Appeal Board’s August 29, 2014 order allowing Beats
`
`until December 3, 2014 to institute an opposition.
`
`11.
`
`There is no issue of priority. Each of the foregoing registrations for marks in the
`
`family of BEATS marks has been in actual use or has a constructive use date prior to Applicant’s
`
`Marks’ filing date, March 27, 2014, and cover products and services that are identical or closely
`
`related to the goods identified in the Applications.
`
`12.
`
`The goods and services set forth in the Applications are the same, similar, or
`
`complementary and related to the products and services marketed by Beats under its BEATS
`
`Marks. For example, Beats has pending applications for the BEATS marks for identical goods
`
`and services, such as provision of live entertainment and recorded entertainment, namely, live
`
`musical performances by musical bands and DJs (U.S. Reg. No. 4,529,746), and closely related
`
`goods and services, such as providing an online database via a communication network featuring
`
`music, film, television programs, current event news, entertainment news, sports, entertainment-
`
`related programs and games, (U.S. Serial No. 86087567), as well as multiple registrations for
`
`marks incorporating the term “BEATS” for products and services marketed along with these
`
`goods and services.
`
`13.
`
`Applicant’s advertising and use of Applicant’s Mark as contemplated in the
`
`Application will inevitably reach the same consumers that Beats targets with the use of its family
`
`of BEATS marks.
`
`
`
`6
`
`

`
`14.
`
`Consumers, upon seeing Applicant’s Mark used in connection with Applicant’s
`
`goods and services are likely to mistakenly believe Applicant’s Mark, and the goods or services
`
`provided in connection with it, originated from or are connected with, sponsored by, associated
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`with, or licensed or approved by Beats.
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`15.
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`The BEATS Marks and Applicant’s Mark share the identical element “Beats”.
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`Thus, the BEATS Marks, both individually and collectively, are substantially similar in sight,
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`sound, and meaning to Applicant’s Mark.
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`16.
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`Applicant’s Mark is confusingly similar to the previously used BEATS Marks,
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`both individually and collectively, and therefore, if Applicant’s Mark were allowed to register
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`for goods and services in International Class 41 as set forth in the Application, such registration
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`would likely cause confusion, mistake, or deception among consumers concerning the origin,
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`source or sponsorship of Applicant’s products and services in violation of 15 U.S.C. § § 1052(d),
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`1114(1), 1125(a).
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`17.
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`If Applicant’s Mark were allowed to register, the confusion with the BEATS
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`Marks, both individually and collectively, would result in damage and injury to Beats and to the
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`public.
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`18.
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`Given Beats’ considerable reputation, registration of Applicant’s Mark is likely to
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`cause dilution of the distinctiveness of Beats’ BEATS Marks, both individually and collectively,
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`in violation of 15 U.S.C. § 1125(c). In addition, should the quality of Applicant’s goods or
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`services be lacking, Applicant’s use of Applicant’s Mark may also tarnish the BEATS Marks,
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`both individually and collectively, resulting in harm to Beats’ reputation in violation of 15
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`U.S.C. §1125(c).
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`19.
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`Beats will continue to be irreparably damaged by registration of Applicant’s
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`confusingly similar mark. Deficiencies or faults in the quality of Applicant’s products are likely
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`to reflect negatively upon, tarnish and seriously injure the reputation which Beats has established
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`for its products and services marketed under its BEATS Marks. This confusion is likely to result
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`in loss of revenues to Beats and damage to its reputation.
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`WHEREFORE, Beats Electronics, LLC requests that the registration sought by Applicant
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`be refused and that this Notice of Opposition be sustained.
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`Beats authorizes the T.T.A.B. to charge the fees for opposition in one class and any
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`additional fees related to this matter to the deposit account of Neal, Gerber & Eisenberg LLP.
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`Respectfully submitted,
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`/Michael G. Kelber/
`One of the Attorneys for
`BEATS ELECTRONICS, LLC
`Michael G. Kelber
`Katherine Dennis Nye
`NEAL, GERBER & EISENBERG LLP
`2 North LaSalle Street, Suite 1700
`Chicago, Illinois 60602
` Telephone: 312.269.8000
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`Dated: December 3, 2014
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`CERTIFICATE OF SERVICE
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`I, Michael M. Zmora state that I served a copy of the foregoing Notice of Opposition, via
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`first class U.S. mail, postage pre-paid, upon Applicant at its Correspondence Address:
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`Aviram Griner
`7915 Aldea Avenue
`Van Nuys, California 91406
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`in accordance with Trademark Rule §§ 2.101 and 2.119 on December 3, 2014.
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` /Michael M. Zmora./
` Michael M. Zmora
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`20411753.1
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