Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA757605
`07/11/2016
`
`ESTTA Tracking number:
`
`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
`
`Attorney informa-
`tion
`
`AliphCom
`
`07/10/2016
`
`99 Rhode Island Street, 3rd Floor
`San Francisco, CA 94103
`UNITED STATES
`
`Jennifer D. Arkowitz
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Suite 1900
`San Francisco, CA 94111
`UNITED STATES
`lamiller@kilpatricktownsend.com, jarkow-
`itz@kilpatricktownsend.com,dvargas@ktslaw.com,awells@ktslaw.com,tmadmin
`@kilpatricktownsend.com Phone:415-576-0200
`
`Applicant Information
`
`Application No
`
`86646720
`
`Publication date
`
`01/12/2016
`
`Opposition Filing
`Date
`
`Applicant
`
`07/11/2016
`
`Opposition Peri-
`od Ends
`
`07/10/2016
`
`UpRight Technologies Ltd.
`3rd Floor
`Tel Aviv, 6653201
`ISRAEL
`
`Goods/Services Affected by Opposition
`
`Class 009. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Wearable digital electronic and wireless
`device for non-medical purposes, namely, a system comprised of operating software, display
`screens, sensors and monitors for tracking, sending, displaying, measuring, monitoring, recording
`and storing information relating to a person's posture, and providing a personalized training program
`for posture improvement anddefined posture goals; Computer software and computer interfaces for
`wireless data communication for tracking, receiving, processing, transmitting and displaying informa-
`tion relating to a person's posture for non-medical purposes; Computersoftware for tracking, sending,
`viewingand storing information about a person's posture, posture improvement and goalsand for
`providing motivation and training for posture improvement for non-medical purposes; Application soft-
`ware for mobile phones, portable media players, handheld computers, and other electronic devices,
`namely, software for tracking, sending, viewing, and storing information about a person's posture and
`for providing information and guidance on posture improvement, personal posture motivation,and
`providing a personalized posture training program for non-medical purposes;Downloadable electronic
`programs and computer software platforms that may be accessed via the internet, mobile phones,
`smart phones, tablet computers, computers and other wireless devices for tracking, sending, viewing,
`
`

`
`and storing information about a person's posture, posture improvement and goals, and providing a
`personalized training program for posture improvement for non-medical purposes
`
`Class 028. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Posture correction device, namely, a wear-
`able device attached to the body with adhesives, to track, monitor and correcta person's posture for
`sports or other physical training purposes
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`4309613
`
`Registration Date
`
`03/26/2013
`
`Word Mark
`
`Design Mark
`
`UP
`
`Application Date
`
`03/24/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2011/10/00 First Use In Commerce: 2011/10/00
`personal electronic devices for recording, organizing, transmitting, manipulating,
`reviewing, and receiving text, data,images and audio files; personal electronic
`devices for recording, organizing, transmitting, manipulating, reviewing, and re-
`ceiving text, data, images and audio files relating to health and well-
`ness;computer software used for recording, organizing, transmitting, receiving,
`and reviewing text, data, images and audio files; computer software used for re-
`cording, organizing, transmitting, receiving,and reviewing text, data, images and
`audio files relating to health and wellness
`Class 042. First use: First Use: 2011/10/00 First Use In Commerce: 2011/10/00
`Online management services for personalelectronic devices, namely, configura-
`tion management relating to the usage of personal electronic devices; technical
`support services, namely, troubleshooting in the nature of diagnosing personal
`electronic device problems
`
`Attachments
`
`85275857#TMSN.png( bytes )
`Notice of Opposition - UPRIGHT - 86646720 .pdf(35330 bytes )
`Exhibit A - Notice of Opposition - UPRIGHT 86646720.pdf(59395 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
`
`/Jennifer D. Arkowitz/
`
`Name
`
`Date
`
`Jennifer D. Arkowitz
`
`07/11/2016
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No. ___________
`
`
`
`NOTICE OF OPPOSITION
`
`Serial No. 86/646,720
`Mark: UPRIGHT
`
`
`
`ALIPHCOM,
`
`
`
`
`
`
`
` Opposer,
`
` v.
`
`
`UPRIGHT TECHNOLOGIES LTD.,
`
`
`
`
`
`
`
`
` Applicant.
`
`Opposer AliphCom d/b/a Jawbone (“Opposer”), a California corporation having its
`
`headquarters at 99 Rhode Island St., 3rd Floor, San Francisco, California 94103, believes it
`
`will be damaged by the issuance of registration of the trademark shown in the following
`
`application, for goods in International Classes 9 and 28, and, therefore, opposes registration of
`
`the mark.
`
`Serial No.
`86/646,720
`
`Mark
`UPRIGHT
`
`Filing Date
`May 31, 2015
`
`Publication Date
`January 12, 2016
`
`As grounds for its opposition, Opposer alleges as follows, with knowledge concerning
`
`its own acts, and on information and belief as to all other matters:
`
`1.
`
`Opposer, a world-leader in consumer and wearable technology products, is the
`
`owner of the distinctive and famous UP® trademark (the “UP Mark”) for, among other things,
`
`wearable technology and personal electronic devices and computer software related to health and
`
`wellness. Opposer has extensively promoted, marketed, advertised, distributed, and sold a
`
`variety of goods and services under its UP Mark, which it has used since at least as early as
`
`October 2011.
`
`2.
`
`Opposer owns, among others, United States Registration No. 4309613 for the
`
`
`
`1
`
`

`
`UP Mark on the Principal Register for the following goods and services (the “UP
`
`Registration”):
`
`• “personal electronic devices for recording, organizing, transmitting, manipulating,
`
`reviewing, and receiving text, data, images and audio files; personal electronic
`
`devices for recording, organizing, transmitting, manipulating, reviewing, and
`
`receiving text, data, images and audio files relating to health and wellness;
`
`computer software used for recording, organizing, transmitting, receiving, and
`
`reviewing text, data, images and audio files; computer software used for recording,
`
`organizing, transmitting, receiving, and reviewing text, data, images and audio files
`
`relating to health and wellness” in Class 9 and
`
`• “online management services for personal electronic devices, namely,
`
`configuration management relating to the usage of personal electronic devices;
`
`technical support services, namely, troubleshooting in the nature of diagnosing
`
`personal electronic device problems” in Class 42.
`
`A true and correct copy of a Trademark Status Document Retrieval (TSDR) status report for
`
`the UP Registration is attached as Exhibit A.
`
`3.
`
`4.
`
`The UP Registration is valid and in full force and effect.
`
`Opposer’s UP Mark has become well-known and famous and has achieved
`
`substantial consumer recognition. As a result of Opposer’s extensive advertising, promotion, and
`
`use of the UP Mark, the UP Mark has acquired significant goodwill, and has come to be
`
`identified with Opposer as the source of Opposer’s popular wearable technology products.
`
`5.
`
`Notwithstanding Opposer’s prior registered and common law rights in the UP
`
`Mark, and after Opposer’s UP Mark became well-known and famous, Applicant Upright
`
`Technologies Ltd. (“Applicant”) filed Application Serial No. 86/646,720 (the “Application”)
`
`
`
`2
`
`

`
`on May 31, 2015, on an intent-to-use basis, seeking to register the mark UPRIGHT, in standard
`
`characters (“Applicant’s UPRIGHT Mark”), for the following goods in International Classes 9
`
`and 28:
`
`• “wearable digital electronic and wireless device for non-medical purposes, namely,
`
`a system comprised of operating software, display screens, sensors and monitors for
`
`tracking, sending, displaying, measuring, monitoring, recording and storing
`
`information relating to a person’s posture, and providing a personalized training
`
`program for posture improvement and defined posture goals; Computer software
`
`and computer interfaces for wireless data communication for tracking, receiving,
`
`processing, transmitting and displaying information relating to a person’s posture
`
`for non-medical purposes; Computer software for tracking, sending, viewing and
`
`storing information about a person’s posture, posture improvement and goals and
`
`for providing motivation and training for posture improvement for non-medical
`
`purposes; Application software for mobile phones, portable media players, handheld
`
`computers, and other electronic devices, namely, software for tracking, sending,
`
`viewing, and storing information about a person’s posture and for providing
`
`information and guidance on posture improvement, personal posture motivation,
`
`and providing a personalized posture training program for non-medical purposes;
`
`Downloadable electronic programs and computer software platforms that may be
`
`accessed via the internet, mobile phones, smart phones, tablet computers, computers
`
`and other wireless devices for tracking, sending, viewing, and storing information
`
`about a person’s posture, posture improvement and goals, and providing a
`
`personalized training program for posture improvement for non-medical purposes”
`
`in Class 9 and
`
`
`
`3
`
`

`
`• “posture correction device, namely, a wearable device attached to the body with
`
`adhesives, to track, monitor and correct a person's posture for sports or other
`
`physical training purposes” in Class 28.
`
`6.
`
`Applicant’s Application was published in the Trademark Official Gazette on
`
`January 12, 2016. On February 11, 2016, Opposer timely filed a request for a ninety (90) day
`
`extension of time to oppose Applicant’s Application, which was granted by the Trademark Trial
`
`and Appeal Board. On May 11, 2016, Opposer filed, with Applicant’s consent, a request for a
`
`sixty (60) day extension of time to oppose Applicant’s Application, which was granted by the
`
`Trademark Trial and Appeal Board. Accordingly, Opposer is timely filing this Notice of
`
`Opposition.
`
`7.
`
`There is no issue as to priority. Opposer began using the UP Mark in commerce at
`
`least as early as October 2011, well prior to the May 31, 2015 filing date of Applicant’s
`
`Application and any claimed first use of Applicant’s UPRIGHT Mark.
`
`8.
`
`Applicant’s UPRIGHT Mark, as shown in the Application, is confusingly similar
`
`in sight, sound and commercial impression to Opposer’s previously used and registered UP Mark.
`
`9.
`
`Consumers encountering Applicant’s UPRIGHT Mark are likely to be confused
`
`about an association between Applicant or Applicant’s UPRIGHT Mark and Opposer.
`
`Applicant’s UPRIGHT Mark is highly similar to Opposer’s UP Mark in appearance, sound, and
`
`overall commercial impression and is likely to cause confusion, mistake, or deception in the trade
`
`and among purchasers as to the source, origin, or sponsorship of the parties’ respective goods.
`
`10.
`
`The products sold under Opposer’s UP Mark are wearable electronic devices and
`
`software related to health and wellness; Applicant’s goods are wearable electronic devices and
`
`software related to posture correction. Applicant’s goods are therefore highly related to the
`
`goods that Opposer offers in connection with its UP Mark and that are covered by the UP
`
`
`
`4
`
`

`
`Registration.
`
`11.
`
`Consumers are likely to believe that the goods offered under Applicant’s
`
`UPRIGHT Mark originate from the same source or are licensed by or associated with Opposer,
`
`resulting in damage and detriment to Opposer, its reputation, and the substantial goodwill that
`
`Opposer has built in the UP Mark.
`
`12.
`
`Applicant’s UPRIGHT Mark, when used in connection with Applicant’s goods as
`
`identified in the Application, so resembles the previously registered mark shown in the UP
`
`Registration as to be likely to cause confusion, to cause mistake, and/or to deceive members of
`
`the public as to a sponsorship or endorsement of, or an affiliation, connection, or association
`
`with, the source of goods sold under the UP Mark, as shown in the UP Registration, in violation
`
`of Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d), with consequent injury to Opposer, the
`
`public, and the trade.
`
`13.
`
`Registration and use of Applicant’s UPRIGHT Mark by Applicant is also likely to
`
`cause dilution of the distinctiveness of Opposer’s famous UP Mark by eroding consumers’
`
`exclusive identification of the UP Mark with Opposer, and otherwise lessening the capacity of
`
`Opposer’s UP Mark to identify and distinguish Opposer’s goods, in violation of Section 43(c)(1)
`
`of the Lanham Act, 15 U.S.C. § 1125(c)(1).
`
`14.
`
`Specifically, Applicant’s UPRIGHT Mark is likely to cause dilution by blurring
`
`of the famous UP Mark based on a number of relevant considerations, including, without
`
`limitation:
`
`• Applicant’s UPRIGHT Mark is highly similar to Opposer’s UP Mark;
`
`• Opposer’s Mark is inherently distinctive in relation to Opposer’s goods;
`
`• Opposer has engaged in substantially exclusive use of the UP Mark in connection
`
`with Opposer’s goods; and
`
`
`
`5
`
`

`
`• Opposer’s UP Mark is famous and widely recognized by the general consuming
`
`public and had been so long prior to the filing date of Applicant’s intent-to-use
`
`Application to register Applicant’s UPRIGHT Mark.
`
`15.
`
`Opposer will be damaged by the registration sought by Applicant within the
`
`meaning of 15 U.S.C. § 1063 because such registration would support and assist Applicant in the
`
`confusing and misleading use of Applicant’s UPRIGHT mark, and would give color of exclusive
`
`statutory rights to Applicant in violation and derogation of Opposer’s prior and superior rights.
`
`WHEREFORE, Opposer requests that this opposition be sustained and that the
`
`registration of Application Serial No. 86/646,720 for Applicant’s UPRIGHT Mark in connection
`
`with the Applicant’s goods be denied.
`
`The required fee for instituting this opposition proceeding against one application in two
`
`classes is being submitted herewith. If for any reason this amount is insufficient, it is requested
`
`that Kilpatrick Townsend & Stockton LLP’s Deposit Account No. 11-0855 be charged with any
`
`deficiency.
`
`
`
`
`
`
`
`Dated: July 11, 2016
`
`Respectfully submitted,
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`By: /Laura C. Miller/
`
`Laura C. Miller
`1001 West Fourth Street
`Winston-Salem, North Carolina 27101
`Telephone: (336) 607-7300
`Facsimile: (336) 607-7500
`
`Jennifer D. Arkowitz
`Two Embarcadero Center, Suite 1900
`San Francisco, California 94111
`Telephone: (415) 576-0200
`Facsimile: (415) 576-0300
`
`Attorneys for Opposer AliphCom
`
`6
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Opposition No. ___________
`
`
`
`NOTICE OF OPPOSITION
`
`Serial No. 86/646,720
`Mark: UPRIGHT
`
`
`
`ALIPHCOM,
`
`
`
`
`
`
`
` Opposer,
`
` v.
`
`
`UPRIGHT TECHNOLOGIES LTD.,
`
`
`
`
`
`
`
`
`
`
`
`
`
` Applicant.
`
`CERTIFICATE OF TRANSMITTAL
`
`I hereby certify that a copy of the foregoing NOTICE OF OPPOSITION is being filed
`
`electronically with the Trademark Trial and Appeal Board via ESTTA on this day, July 11,
`
`2016.
`
` /Danielle Vargas/
`Danielle Vargas
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing NOTICE OF OPPOSITION is being
`
`deposited with the United States Postal Service as First Class Mail, postage prepaid, in an
`
`envelope addressed as follows:
`
`Sylvia Mulholland
`Law Office of Sylvia Mullholland
`5405 Wilshire Blvd., Suite 220
`Los Angeles, CA 90292
`
`/Amy Wells/
`Amy Wells
`
`
`
`
`
`
`
`7
`
`
`This the 11th day of July, 2016.
`
`
`
`
`
`

`
`
`
`Exhibit A
`Exhibit A
`
`

`
`Generated on: This page was generated by TSDR on 2016-07-11 13:46:52 EDT
`
`Mark: UP
`
`US Serial Number: 85275857
`
`US Registration
`Number:
`
`4309613
`
`Register: Principal
`
`Mark Type: Trademark, Service Mark
`
`TM5 Common Status
`Descriptor:
`
`Application Filing
`Date:
`
`Mar. 24, 2011
`
`Registration Date: Mar. 26, 2013
`
`LIVE/REGISTRATION/Issued and Active
`
`The trademark application has been registered with the Office.
`
`Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
`
`Status Date: Mar. 26, 2013
`
`Publication Date: Jul. 31, 2012
`
`(cid:160)
`
`Mark Literal
`Elements:
`
`UP
`
`Notice of
`Allowance Date:
`
`Sep. 25, 2012
`
`Mark Information
`
`Standard Character
`Claim:
`
`Mark Drawing
`Type:
`
`Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
`
`4 - STANDARD CHARACTER MARK
`
`Goods and Services
`
`Note: The following symbols indicate that the(cid:160)registrant/owner has amended the goods/services:
`
`Brackets [..] indicate deleted goods/services;
`Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
`Asterisks *..* identify additional (new) wording in the goods/services.
`
`For: personal electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, images and audio
`files; personal electronic devices for recording, organizing, transmitting, manipulating, reviewing, and receiving text, data, images and
`audio files relating to health and wellness; computer software used for recording, organizing, transmitting, receiving, and reviewing text,
`data, images and audio files; computer software used for recording, organizing, transmitting, receiving, and reviewing text, data,
`images and audio files relating to health and wellness
`
`International
`Class(es):
`
`009 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Oct. 2011
`
`U.S Class(es): 021, 023, 026, 036, 038
`
`Use in Commerce: Oct. 2011
`
`For: Online management services for personal electronic devices, namely, configuration management relating to the usage of personal
`electronic devices; technical support services, namely, troubleshooting in the nature of diagnosing personal electronic device problems
`
`International
`Class(es):
`
`042 - Primary Class
`
`Class Status: ACTIVE
`
`Basis: 1(a)
`
`First Use: Oct. 2011
`
`U.S Class(es): 100, 101
`
`Use in Commerce: Oct. 2011
`
`Basis Information (Case Level)
`
`

`
`Filed Use: No
`
`Filed ITU: Yes
`
`Filed 44D: No
`
`Filed 44E: No
`
`Filed 66A: No
`
`Currently Use: Yes
`
`Currently ITU: No
`
`Currently 44D: No
`
`Currently 44E: No
`
`Currently 66A: No
`
`Amended Use: No
`
`Amended ITU: No
`
`Amended 44D: No
`
`Amended 44E: No
`
`Filed No Basis: No
`
`Currently No Basis: No
`
`Current Owner(s) Information
`
`Owner Name: AliphCom
`
`DBA, AKA,
`Formerly:
`
`DBA Jawbone
`
`Owner Address: 99 Rhode Island Street, 3rd Floor
`San Francisco, CALIFORNIA UNITED STATES 94103
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Attorney/Correspondence Information
`
`Attorney Name: Jennifer D. Arkowitz
`
`Docket Number: 027673-70000
`
`Attorney Primary
`Email Address:
`
`jarkowitz@kilpatricktownsend.com
`
`Attorney Email
`Authorized:
`
`No
`
`Correspondent
`
`Attorney of Record
`
`Correspondent
`Name/Address:
`
`JENNIFER D. ARKOWITZ
`KILPATRICK TOWNSEND AND STOCKTON LLP
`2 EMBARCADERO CTR FL 8
`SAN FRANCISCO, CALIFORNIA UNITED STATES 94111-3833
`
`Phone: 415-576-0200
`
`Fax: 415-576-0300
`
`Correspondent e-
`mail:
`
`jarkowitz@kilpatricktownsend.com
`
`Correspondent e-
`mail Authorized:
`
`Yes
`
`Domestic Representative - Not Found
`
`Prosecution History
`
`Date
`
`Description
`
`May 13, 2015
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`May 06, 2015
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Dec. 10, 2014
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Nov. 06, 2013
`
`ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY
`
`Mar. 26, 2013
`
`REGISTERED-PRINCIPAL REGISTER
`
`Feb. 21, 2013
`
`NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED
`
`Feb. 20, 2013
`
`LAW OFFICE REGISTRATION REVIEW COMPLETED
`
`Feb. 14, 2013
`
`ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
`
`Feb. 13, 2013
`
`STATEMENT OF USE PROCESSING COMPLETE
`
`Jan. 28, 2013
`
`USE AMENDMENT FILED
`
`Feb. 13, 2013
`
`CASE ASSIGNED TO INTENT TO USE PARALEGAL
`
`Jan. 28, 2013
`
`TEAS STATEMENT OF USE RECEIVED
`
`Sep. 25, 2012
`
`NOA E-MAILED - SOU REQUIRED FROM APPLICANT
`
`Jul. 31, 2012
`
`OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
`
`Jul. 31, 2012
`
`PUBLISHED FOR OPPOSITION
`
`Jul. 11, 2012
`
`NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
`
`Jun. 26, 2012
`
`LAW OFFICE PUBLICATION REVIEW COMPLETED
`
`Jun. 19, 2012
`
`APPROVED FOR PUB - PRINCIPAL REGISTER
`
`Jun. 19, 2012
`
`LIE CHECKED SUSP - TO ATTY FOR ACTION
`
`Dec. 04, 2011
`
`NOTIFICATION OF LETTER OF SUSPENSION E-MAILED
`
`Dec. 04, 2011
`
`LETTER OF SUSPENSION E-MAILED
`
`Proceeding
`Number
`
`73797
`
`69302
`
`69302
`
`69302
`
`73797
`
`73797
`
`6332
`
`6332
`
`

`
`Dec. 04, 2011
`
`SUSPENSION LETTER WRITTEN
`
`Nov. 25, 2011
`
`TEAS/EMAIL CORRESPONDENCE ENTERED
`
`Nov. 25, 2011
`
`CORRESPONDENCE RECEIVED IN LAW OFFICE
`
`Nov. 14, 2011
`
`ASSIGNED TO LIE
`
`Oct. 28, 2011
`
`TEAS RESPONSE TO OFFICE ACTION RECEIVED
`
`Jun. 24, 2011
`
`NOTIFICATION OF NON-FINAL ACTION E-MAILED
`
`Jun. 24, 2011
`
`NON-FINAL ACTION E-MAILED
`
`Jun. 24, 2011
`
`NON-FINAL ACTION WRITTEN
`
`Jun. 22, 2011
`
`ASSIGNED TO EXAMINER
`
`Mar. 29, 2011
`
`NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
`
`Mar. 28, 2011
`
`NEW APPLICATION ENTERED IN TRAM
`
`77762
`
`73797
`
`73797
`
`73797
`
`6325
`
`6325
`
`77762
`
`77762
`
`TM Staff and Location Information
`
`TM Staff Information - None
`
`File Location
`
`Current Location: PUBLICATION AND ISSUE SECTION
`
`Date in Location: Feb. 20, 2013
`
`Assignment Abstract Of Title Information
`
`Summary
`
`Total Assignments: 8
`
`Conveyance: SECURITY INTEREST
`
`Reel/Frame: 5085/0857
`
`Date Recorded: Aug. 07, 2013
`
`Supporting
`Documents:
`
`assignment-tm-5085-0857.pdf
`
`Assignment 1 of 8
`
`(cid:160)
`
`Registrant: AliphCom
`
`Pages: 103
`
`Assignor
`
`Name: ALIPHCOM
`
`Execution Date: Aug. 02, 2013
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`No Place Where Organized Found
`
`Name: ALIPH, INC.
`
`Execution Date: Aug. 02, 2013
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`No Place Where Organized Found
`
`Name: MACGYVER ACQUISITION LLC
`
`Execution Date: Aug. 02, 2013
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`No Place Where Organized Found
`
`Name: BODYMEDIA, INC.
`
`Execution Date: Aug. 02, 2013
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`Assignee
`
`No Place Where Organized Found
`
`Name: DBD CREDIT FUNDING LLC, AS ADMINISTRATIVE AGENT
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Address: 1345 AVENUE OF THE AMERICAS
`48TH FLOOR
`NEW YORK, NEW YORK 10105
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`DUSAN CLARK, ESQ.
`
`SIDLEY AUSTIN LLP
`717 N. HARWOOD ST., SUITE 3400
`DALLAS, TX 75201
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment 2 of 8
`
`

`
`Conveyance: TRADEMARK SECURITY AGREEMENT
`
`Reel/Frame: 5143/0239
`
`Date Recorded: Oct. 31, 2013
`
`Supporting
`Documents:
`
`assignment-tm-5143-0239.pdf
`
`Name: ALIPHCOM
`
`Legal Entity Type: CORPORATION
`
`Name: ALIPH, INC.
`
`Legal Entity Type: CORPORATION
`
`Pages: 19
`
`Assignor
`
`Execution Date: Oct. 21, 2013
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Execution Date: Oct. 21, 2013
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Name: MACGYVER ACQUISITION LLC
`
`Execution Date: Oct. 21, 2013
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: BODYMEDIA, INC.
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Execution Date: Oct. 21, 2013
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS AGENT
`
`Legal Entity Type: NATIONAL BANKING ASSOCIATION
`
`State or Country
`Where Organized:
`
`UNITED STATES
`
`Address: 1300 SW 5TH AVE., 11TH FLOOR
`PORTLAND, OREGON 97201-5667
`
`Correspondent
`
`Correspondent
`Name:
`
`MINETTE M. TAYCO, C/O PAUL HASTINGS LLP
`
`Correspondent
`Address:
`
`515 S. FLOWER STREET, 25TH FLOOR
`LOS ANGELES, CA 90071
`
`Conveyance: NOTICE OF SUBSTITUTION OF ADMINISTRATIVE AGENT IN TRADEMARKS
`
`Domestic Representative - Not Found
`
`Assignment 3 of 8
`
`Reel/Frame: 5412/0562
`
`Date Recorded: Dec. 03, 2014
`
`Supporting
`Documents:
`
`assignment-tm-5412-0562.pdf
`
`Pages: 103
`
`Name: DBD CREDIT FUNDING LLC, AS RESIGNING
`AGENT
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Assignor
`
`Execution Date: Nov. 21, 2014
`
`State or Country
`Where Organized:
`
`Assignee
`
`No Place Where Organized Found
`
`Name: SILVER LAKE WATERMAN FUND, L.P., AS SUCCESSOR AGENT
`
`Legal Entity Type: LIMITED PARTNERSHIP
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Address: 2775 SAND HILL ROAD, SUITE 100
`MENLO PARK, CALIFORNIA 94025
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`DUSAN CLARK, ESQ.
`
`SIDLEY AUSTIN LLP
`2001 ROSS AVENUE, SUITE 3600
`DALLAS, TX 75201
`
`Conveyance: SECURITY INTEREST
`
`Correspondent
`
`Domestic Representative - Not Found
`
`Assignment 4 of 8
`
`

`
`Reel/Frame: 5505/0397
`
`Date Recorded: Apr. 28, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5505-0397.pdf
`
`Name: ALIPHCOM
`
`Legal Entity Type: CORPORATION
`
`Pages: 16
`
`Assignor
`
`Execution Date: Apr. 28, 2015
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Name: MACGYVER ACQUISITION LLC
`
`Execution Date: Apr. 28, 2015
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: ALIPH, INC.
`
`Legal Entity Type: CORPORATION
`
`Name: BODYMEDIA, INC.
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Execution Date: Apr. 28, 2015
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Execution Date: Apr. 28, 2015
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Name: PROJECT PARIS ACQUISITION LLC
`
`Execution Date: Apr. 28, 2015
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: BLACKROCK ADVISORS, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 1 UNIVERSITY SQUARE DRIVE
`C/O GLOBAL ALLOCATION GROUP
`PRINCETON, NEW JERSEY 08540
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`ALYSON BAGLEY STEWART
`
`PRUDENTIAL TOWER, 800 BOYLSTON STREET
`ROPES & GRAY LLP
`BOSTON, MA 02199-3600
`
`Domestic Representative - Not Found
`
`Assignment 5 of 8
`
`Pages: 13
`
`Conveyance: RELEASE OF SECURITY INTEREST
`
`Reel/Frame: 5505/0428
`
`Date Recorded: Apr. 28, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5505-0428.pdf
`
`Name: WELLS FARGO BANK, NATIONAL
`ASSOCIATION, AS AGENT
`
`Legal Entity Type: NATIONAL BANKING ASSOCIATION
`
`Name: ALIPHCOM
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: ALIPH, INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`
`Assignor
`
`Execution Date: Apr. 28, 2015
`
`State or Country
`Where Organized:
`
`UNITED STATES
`
`Assignee
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`

`
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: MACGYVER ACQUISITION LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: BODYMEDIA, INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Correspondent
`Name:
`
`COOLEY LLP
`
`Correspondent
`Address:
`
`101 CALIFORNIA STREET, 5TH FLOOR
`SAN FRANCISCO, CA 94111
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Conveyance: RELEASE OF SECURITY INTEREST
`
`Reel/Frame: 5507/0780
`
`Date Recorded: Apr. 28, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5507-0780.pdf
`
`Domestic Representative - Not Found
`
`Assignment 6 of 8
`
`Pages: 170
`
`Name: SILVER LAKE WATERMAN FUND, L.P., AS
`ADMINISTRATIVE AGENT
`
`Legal Entity Type: LIMITED PARTNERSHIP
`
`Name: ALIPHCOM
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: ALIPH, INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: MACGYVER ACQUISITION LLC
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: BODYMEDIA, INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: PROJECT PARIS ACQUISITION, LLC
`
`Assignor
`
`Execution Date: Apr. 28, 2015
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Correspondent
`
`

`
`Correspondent
`Name:
`
`COOLEY LLP
`
`Correspondent
`Address:
`
`101 CALIFORNIA STREET
`SAN FRANCISCO, CA 94111
`
`Conveyance: RELEASE OF SECURITY INTEREST
`
`Reel/Frame: 5507/0780
`
`Date Recorded: Apr. 28, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5507-0780.pdf
`
`Domestic Representative - Not Found
`
`Assignment 7 of 8
`
`Pages: 170
`
`Name: SILVER LAKE WATERMAN FUND, L.P., AS
`ADMINISTRATIVE AGENT
`
`Legal Entity Type: LIMITED PARTNERSHIP
`
`Name: ALIPHCOM
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: ALIPH, INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: MACGYVER ACQUISITION LLC
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: BODYMEDIA, INC.
`
`Legal Entity Type: CORPORATION
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Name: PROJECT PARIS ACQUISITION, LLC
`
`Assignor
`
`Execution Date: Apr. 28, 2015
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Address: 99 RHODE ISLAND STREET, 3RD FLOOR
`SAN FRANCISCO, CALIFORNIA 94103
`
`Correspondent
`
`Correspondent
`Name:
`
`COOLEY LLP
`
`Correspondent
`Address:
`
`101 CALIFORNIA STREET
`SAN FRANCISCO, CA 94111
`
`Conveyance: SECURITY INTEREST
`
`Reel/Frame: 5610/0177
`
`Date Recorded: Aug. 27, 2015
`
`Supporting
`Documents:
`
`assignment-tm-5610-0177.pdf
`
`Domestic Representative - Not Found
`
`Assignment 8 of 8
`
`Pages: 17
`
`Name: ALIPHCOM
`
`Execution Date: Aug. 26, 2015
`
`Assignor
`
`

`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`CALIFORNIA
`
`Name: MACGYVER ACQUISITION LLC
`
`Execution Date: Aug. 26, 2015
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: ALIPH, INC.
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Execution Date: Aug. 26, 2015
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Name: BODYMEDIA, INC.
`
`Execution Date: Aug. 26, 2015
`
`Legal Entity Type: CORPORATION
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Name: PROJECT PARIS ACQUISITION LLC
`
`Execution Date: Aug. 26, 2015
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Name: BLACKROCK ADVISORS, LLC
`
`Legal Entity Type: LIMITED LIABILITY COMPANY
`
`Address: 1 UNIVERSITY SQUARE DRIVE
`C/O GLOBAL ALLOCATION GROUP
`PRINCETON, NEW JERSEY 08540
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Assignee
`
`State or Country
`Where Organized:
`
`DELAWARE
`
`Correspondent
`
`Correspondent
`Name:
`
`Correspondent
`Address:
`
`JOSHUA S. JACKSON
`
`PRUDENTIAL TOWER, 800 BOYLSTON STREET
`ROPES & GRAY LLP
`BOSTON, MA 02199-3600
`
`Domestic Representative - Not Found
`
`Proceedings
`
`Summary
`
`Number of
`Proceedings:
`
`1
`
`Proceeding
`Number:
`
`92054621
`
`Status: Terminated
`
`Interlocutory
`Attorney:
`
`MARY CATHERINE FAINT
`
`Type of Proceeding: Cancellation
`
`(cid:160)
`
`Filing Date: Oct 07, 2011
`
`Status Date: Feb 14, 2012
`
`Defenda