Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA922924
`09/19/2018
`
`ESTTA Tracking number:
`
`Filing date:
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91229891
`
`Plaintiff
`Charles Bertini
`
`JAMES BERTINI
`423 KALAMATH STREET
`DENVER, CO 80204
`UNITED STATES
`jamesbertini@yahoo.com, iklych@yahoo.com
`303 572-3122
`
`Submission
`
`Motion for Summary Judgment
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Yes, the Filer previously made its initial disclosures pursuant to Trademark Rule
`2.120(a); OR the motion for summary judgment is based on claim or issue pre-
`clusion, or lack of jurisdiction.
`
`The deadline for pretrial disclosures for the first testimony period as originally set
`or reset: 10/01/2018
`James Bertini
`
`jamesbertini@yahoo.com
`
`/james bertini/
`
`09/19/2018
`
`Exhibits 117-120 Charlie Bertini.pdf(4408491 bytes )
`Exhibits 121-131 Irina Bertini.pdf(3429701 bytes )
`Exhibits 123 and 132 Charlie Bertini.pdf(1122127 bytes )
`Exhibits 135-143 Irina Bertini.pdf(4594537 bytes )
`Exhibits 140 144 145 Irina Bertini.pdf(2307929 bytes )
`James Bertini Exhibits.pdf(362579 bytes )
`
`

`

`
`
`on
`
`
`
`PO Box 783
`Cortland, NY 13045
`Phone: (607)753-6161
`Fax: (607)753-0047
`cortlandrep@hotmail.com www.cortlandrep.org
`
`
`
`Exhibit 117 p1
`CLIENT CONTRACT
`
`
`
`
`Producing Artistic
`Director
`Kerby Thompson
`
`
`Business Manager
`Event: Appleiazz
`Barclay Diamond
`
`Client Name: Charlie Bertini
`
`Contact: Charlie Bertini
`
`Phone Numbers: 407-363—5914 407—248—2898
`
`Date of Event: 6/4/2011
`
`Time:
`
`Qam—l lpm
`
`# Expected: fl
`Max Occupancy: 200 seated
`Donald Hay
`400 standing
`Vice President
`
`
`
`Garrison Matstcd
`1. Agreement: This hereby serves as a use agreement between Cortland Repertory Theatre
`Treasurer
`(“CRT”) and the client for use of The Stars Reception Hall at the Pavilion complex, located in
`Dwyer Memorial Park at 6288 Little York Lake Road in Little York, New York.
`
`Asst to the Director
`Jim Bumgardner
`
`Board of Directors
`John Folmer
`President
`
`Dorothea Fowler
`Secretary
`
`Kimberly Allen
`Michele Ball
`Robert Barba'
`David Blatchley
`Brenda Cottonc
`Tom Knobel
`William Lee
`Robert Lescarbeau
`Michael May
`Adam MeGivem
`Kellyann O’Mara
`Mark Re
`Michael Sills
`Chris Xavier
`
`Guild (Io-Presidents
`Dianne Galutz
`Karen Holcomb
`
`
`CRT represents and warrants that the County of Cortland is the owner of the Pavilion and has given
`the right and authority to CRT to act as booking manager for said property.
`
`
`It is agreed that:
`a. The premises shall be used only for the event planned by the client, listed above;
`b. The client accepts fiJIl responsibility for attendants and participants, and their actions;
`c. This contract includes the use of the hall, food staging area, and tables and chairs located
`within the Reception Hall.
`d. The client agrees to comply with and enforce state and local alcohol policies, as pertaining to
`a county owned public park. CRT and it’s representatives are not liable for this compliance.
`e. The parking area and other parts of the park are available for public use and will not be
`reserved for the sole use of the client, unless specific arrangements are made with the Park
`Authorities.
`
`2. Hours: The ball will be opened for the Client at 9:00 am on day of event, unless otherwise
`arranged. It is understood that the Client and participants at event must vacate the Pavilion no later
`that 6:30 pm on event date when CRT has a performance scheduled and no later than 10:00 pm on
`non performance days, unless otherwise arranged. The Client will peacefully yield to CRT said
`premises in as good order and in the same repair as when presented.
`
`a $250.00
`3. Fee: The Reception Hall fee is $450.00 per day, paid in two installments:
`nonrefiindable reservation deposit (paid on
`J and the remaining balance of $200.00, due
`ninety (90) days prior to the event. Usual and customggg hall cleaning and garbage removal is
`included in this fee.
`
`
`4. Refundable Damage Deposit: Client also agrees to pay a $200.00 refundable damage and
`excessive cleaning deposit, ninety (90) days in advance. It is agreed that the organization or person
`making the arrangements is responsible for all materials and equipment that are broken, damaged,
`lost or stolen during the event. Charges will be based on replacement/repair costs if CRT deems this
`to be acceptable. All items not previously noted as damaged or deficient shall be presumed to have
`been in good repair and fi‘ee of defects at the commencement of Clients entry to the Hall.
`
`
`
`
`

`

`
`
`Exhibit 117 p2
`
`WW
`PO Box 783
`Cortland, NY 13045
`Fax: (607)753-0047
`Phone: (607)753-6161
`,cortlandrep@hotmail.com www.cortlandrep.org
`
`5.
`
`Use and Occupancy The Client covenants that no damage shall be committed upon or to the contracted
`premises; that the premises shall be used for the purpose hereinabove stated, and shall not be used or
`permitted to be used for any other purpose; that said premises shall not be used for any unlawful
`purpose and no violations of law or ordinance shall be committed thereon; that nothing shall be done
`which will increase the fire hazard or to cause the insurance rates thereon to be increased; and that any
`additions or improvements placed upon the premises by either party during the term, except the
`unattached and moveable property of the Client, shall be the sole property of CRT.
`
`Fire and Unsafe Building Clause. The Client agrees to peaceably enforce Fire and Safety codes
`maintained by CRT and Cortland County. Space Heaters, candles or other open flame decorative
`items are not permitted for use.
`
`Client’s Responsibility. The Client agrees to be responsible for any damage to the property of the CRT
`which may result from any use of the contracted premises, or any act done thereon by the Client or any
`person coming or being thereon by the license of the Client, expressed or implied, and will also save the
`CRT harmless from anyrliability to any other person, for damage to person or property resulting from
`
`CRT and Client’s Mutual Waiver of Subrogation Rights. The CRT and Client do hereby mutually
`release each other fiom any subrogation rights which could result under insurance policies or otherwise
`from any claims or liability which could be asserted arising out of loss or damage to this real estate,
`building, CRT’s property or Client’s property and chattels, from fire or any other risk for which the
`CRT and Ghent becomes entitled to receive proceeds from insurance policies.
`
`Eviction: CRT reserVes the right to evict any person(s) acting in an offensive, harmful, damaging or
`otherwise inappropriate manner. Ifthis is to occur, the client is entitled to no refunds.
`
`Smoking: Inside the Pavilion is prohibited at all times.
`
`In the event that the reception hall is available the day before the event, the client may
`Decorating:
`rent the hall at $15 per hour up to 4 hours to decorate. In the event that the reception hall is available
`the day after the event the client may rent the hall at $15 per hour up to 4 hours to remove client’s
`property only with notice prior to your event.
`In the event that you exceed the 4 hour maximum time
`limit there will be a charge of $225 for up to 7 hours and $450 for time exceeding 7 hours. Day before
`and day after decorating and property removal times are not guaranteed.
`
`10.
`
`ll.
`
`This contract is void if it cannot be performed because of government regulations, weather or other natural disasters
`or accidents. This contract is interpreted under New York law.
`
`
`
`t
`
` Date
` Presented by:
`Cortland Repertory Theatre
`
`gaze“W
`
`Accepted by (signature of client)
`
`/0 ~If40D
`
`ate
`
`
`
`
`

`

`concern BEGINS AT 6 PM
`
`THE PAVILION AT
`|
`THE PAVILION AT
`DWYER MEMORIAL PARK I DW‘IER MEMORIAL PARK
`
`Exhibit 117 p3
`
`CONCERT BEGINS AT 6 PM
`
`

`

`cortlandrep@hotmail.com www.cOrtlandrep.org
`
`Fax: (607)753-0047
`
`Exhibit 118 p1
`
`J [I :f I] DE
`
`:
`
`. n nun"
`PO Box 783
`Cortland, NY 13045
`Phone: (697)753-6161
`
`Producing Artistic
`Director
`Kerby Thompson
`
`Businessmager
`Barclay Diamond
`
`Asst to the Director
`
`Jun Bumsardner
`Board of Directors
`
`Reservation Form
`
`Client Name:
`
`Charlie Bertini
`
`JOWFO'm‘
`Prestden!
`
`Contact Name:
`
`Charlie Bertini
`—
`
`ThomaSKmbfil
`Vice President
`
`Address:
`
`
`10825 Wheaton Court Orlando FL 32821
`
`Omison Mmted
`Treasurer
`
`Phone Number(s):
`
`407-3 63 -5914
`
`Dorothea Fowler
`Secretary
`-m. — -
`Kimberly Allen
`Michele Ball
`Robert Barber
`
`David Blatchley
`Brenda Cottone
`Anna Marie Garcia
`‘thimngifii
`
`Ruben Lesoarbcau
`rgfiigim
`Kellyann O’Mara
`
`sass-.1.
`
`Chris Xavier
`
`Guild (Io-Presidents
`Dianne Galulz
`Karen Holcomb
`
`_
`Name of Event: Applqaz-z -
`
`Date(s_) of Event:
`Time ofEvent:
`
`6/2/2012
`3 AM " I 0 (PM
`
`Estimated number of attendees Z
`
`(Max Seating Capacity.- 200people)
`(Max Standing Capacity: 400 people)
`
`MASWYLD 0N we .cALL Malt
`Non—refundable deposit ($250.00 per day) paid on
`(Date)
`
`
`It
`Note: Receipt of the deposit reserves the date(s) and time for the function.
`is non-refimdable. Please return one copy of this form with your $250.00 per
`day check. Keep the other copy for your records. The reception hall will not be
`considered secure until the deposit check is received and cleared by the bank.
`
`Remaining balance of $250.00 per day is due ninety (90) days prior to the
`scheduled event, at which time a $200.00 refimdable Damage Deposit will also
`be due.
`
`There is a $25.00 chargefor any check returned by the bank.
`
`
`
`

`

`JD
`
`[ID
`
`rim ‘Hflllllli
`
`The Stars Reception Hall
`
`
`Exhibit 118 p2
`
`PO Box 783
`Cortland, NY 13045
`Phone: (607)753—6161
`Fax: (607)753-0047
`cortlandrep@hotmail.com www.cortlandrep.org
`
`Producing Artistic
`Director
`Kerby Thompson
`
`Business Manager
`Barclay Diamond
`
`Client Name: Charlie Bertini
`
`Event: Applejazz
`
`Asst to the Director
`
`Contact: Charlie Bertini
`
`CLIENT CONTRACT
`
`Jim Bumgeudner
`
`Board of Directors
`John Folmer
`President
`
`Thomas Knobel
`Vice President
`
`Garrison Maisled
`Treasurer
`
`Dorothea Fowler
`Secretary
`
`Kimberly Allen
`Michele Ball
`Robert Barber
`David Blatchley
`Brenda Cottone
`Anna Maria Garcia
`Donald Hay
`William Lee
`Robert lescarbeau
`Michael May
`Adam MeGivern
`Kellyaim O’Mara
`Mark Re
`Michael Sills
`Chris Xavier
`
`Guild Co-Presidents
`Dianne Galutz
`Karen Holcomb
`
`
`
`Phone Numbers: 407—363-5914 407-248—2898
`
`Date of Event: 6/2/20 1 2
`
`Time:
`
`Slam—41m
`
`# Expected: M
`Max Occupancy: 200 seated
`400 standing
`
`1. Agreement: This hereby serves as a use agreement between Cortland Repertory Theatre
`(“CR ”) and the client for use of The Stars Reception Hall at the Pavilion complex, located in
`Dwyer Memorial Park at 6288 Little York Lake Road in Little York, New York.
`
`CRT represents and warrants that the County of Cortland is the owner of the Pavilion and has given
`the right and authority to CRT to act as booking manager for said property.
`
`It is agreed that:
`a.
`The premises shall be used only for the event planned by the client, listed above;
`in. The client accepts full responsibility for attendants and participants, and their actions;
`0.
`This contract includes the use of the hall, food staging area, and tables and chairs located
`within the Reception Hall.
`(1. The client agrees to comply with and enforce state and local alcohol policies, as pertaining to
`a county owned public park. CRT and it’s representatives are not liable for this compliance.
`e. The parking area and other parts of the park are available for public use and will not be
`reserved for the sole use of the client, unless specific arrangements are made with the Park
`Authorities.
`
`2. Hours: The hall will be opened for the Client at 9:00 am on day of event, unless otherwise
`arranged. It is understood that the Client and participants at event must vacate the Pavilion no later
`that 6:30 pm on event date when CRT has a performance scheduled and no later than 10:00 pm on
`non performance days, unless otherwise arranged. The Client will peacefully yield to CRT said
`premises in as good order and in the same repair as when presented.
`
`a $250.00
`3. Fee: The Reception Hall fee is $500.00 per day, paid in two installments:
`nonrefundable reservation deposit (paid on
`I and the remaining balance of $250.00, due
`ninety (90) days prior to the event. Usual and customag hall cleaning and garbage removal is
`included in this fee.
`
`4. Refundable Damage Deposit: Client also agrees to pay a $200.00 refundable damage and
`excessive cleaning deposit, ninety (90) days in advance. It is agreed that the organization or person
`making the arrangements is responsible for all materials and equipment that are broken, damaged,
`lost or stolen during the event. Charges will be based on replacement/repair costs if CRT deems this
`to be acceptable. All items not previously noted as damaged or deficient shall be presumed to have
`been in good repair and free of defects at the commencement of Clients entry to the Hall.
`
`
`
`

`

`‘Hflllllfl
`PO Box 783
`Cortland, NY 13045
`Fax: (607)753-0047
`Phone: (607)753-6161
`cortiandrep@hotmail.eom www.cortlandrep.org
`
`Exhibit 118 p3
`
`additions or improvements placed upon the premises by either party during the term,-
`unattached and moveable property of the Client, shall be the sole property of CRT.
`
`Fire and Unsafe Building Clause. The Client agmes to peaceably enforce Fire and Safety codes \
`maintained by CRT and Cortland County. Space Heaters, candles or other open flame decorative
`items are not permitted for use.
`
`Client’s Responsibility. The Client agrees to be responsible for any damage to the property of the CRT
`which may result from any use of the contracted premises, or any act done thereon by the Client orally"
`person coming or being thereon by the license of the Client, expressed or implied, and will also save the
`CRT harmless from any liability to any other person; for damagetoperson or property resulting from
`anysuchcauses.
`:fll
`CRT and Client’s Mutual Waiver of Subrogation Rights. The CRT and Client do hereby mutually
`release each other from any subrogation rights which could result underinsurance policies or otherwise
`from any claims or liability which could be asserted arising out of loss or damage to this real estate,
`building, CRT’s property or Client’s property and chattels, fi'om fire or any other risk for which the
`CRT and Client becomes entitled to receive proceeds from insurance policies.
`
`Date
`
`Eviction: CRT reserves the right to evict any person(s) acting in an ofi‘ensive, harmfizl, damaging or
`otherwise inappropriate manner. Ifthis is to occur, the client is entitled to no refunds.
`
`Smoking: Inside the Pavilion is prohibited at all times.
`
`In the event that the reception hall is available the day before the event, the client may
`Decorating:
`rent the hall at $15 per hour up to 4 hours to decorate.
`In the event that the reception hall is available
`the day after the event the client may rent the hall at $15 per hour up to 4 hours to remove ch'ent’s
`property only with notice prior to your event.
`In the event that you exceed the 4 hour maximum time
`limit there will be a charge of $250 for up to 7 hours and $500_for time exceeding 7 hours. Day before
`and day after decorating and property removal times are not guaranteed.
`
`This contract is void if it cannot be performed because of government regulations, weather or other natural disasters
`or accidents. This contract is interpreted under New York law.
`
`Presented by:
`Cortland Repertory Theatre
`
`56 _
`
`Accepted by (Signature of client)
`
`xx. xz. gg
`
`

`

`Exhibit 118 p4
`Exhibit 118 p4
`
`
`
`

`

`‘Hflfllill
`PO Box 783
`Cortland, NY 13045
`Fax: (607)753—0047
`Phone: (607)753-6161
`cortlandrep@hotmail.com www.cortiandrep.org
`
`Exhibit 119 p1
`
`CLIENT CONTRACT
`
`Client Name: Charlie Bertini
`
`Event: Applejazz
`
`Contact: Charlie Bertini
`
`Phone Numbers: 407-363—5914 407-248—2898.
`
`Date of Event: 5/31/14
`
`Time:
`
`9am-l lpm
`
`# Expected: M
`Max Occupancy: 200 seated
`400 standing
`
`have been in good repair and free of defects at the commencement of Clients entry to the Hall.
`
`It is agreed 1that:
`a. The premises shall be used only for the event planned by the client, listed above;
`b. The client accepts full responsibility for attendants and participants, and their actions;
`c. This contract includes the use of the hall, food staging area, and tables and chairs located
`within the Reception Hall.
`d. The client agrees to comply with and enforce state and local alcohol policies, as pertaining
`to a county owned public park. CRT and its representatives are not liable for this
`compliance.
`The parking area and other parts of the park are available for public use and will not be
`reserved for the sole use of the client, unless specific arrangements are made with the Park
`Authorities.
`
`Producing Artistic
`Director
`Kerby Thompson
`
`Business Manager
`Barclay Diamond
`
`Board of Directors
`John Folmer
`President
`
`Thomas Knobel
`Vice President
`
`Garrison Marsted
`Treasurer
`
`Dorothea Fowler
`Secretary
`
`Kimberly Allen
`Michele Ball
`Robert Barber
`David Blatchley
`Brenda Cottone
`Nicole Cottone
`Dr. Anna Marie Garcia
`Harriet Pratt Higgins
`Tracy Koenig
`William Lee
`Robert Lesearbeau
`Michael May
`Adam MeGivern
`Kellyann O’Mara
`Mark Re
`Michael Sills
`Chris Xavier
`
`Guild Co-Presidents
`Dianne Galutz
`Karen Holcomb
`
`1. Agreement: This hereby serves as a use agreement between Cortland Repertory Theatre
`(“CRT”) and the client for use of The Stars Reception Hall at the Pavilion complex, located in
`Dwyer Memorial Park at 6799 Little York Lake Road in Prehle, New York.
`
`CRT represents and warrants that the county of Cofilanillis the owner of the Pavilionrand has
`given the right and authority to CRT to act as booking manager for said property.
`
`2. Hours: The hall will be opened for the Client at 9:00 am on day of event, unless otherwise
`arranged. It is understood that the Client and participants at event must vacate the Pavilion no
`later that 6:30 pm on event date when CRT has a performance scheduled and no later than 10:00
`pm on non performance days, unless otherwise arranged The Client will peacefully yield to CRT
`said premises in as good order and in the same repair as when presented.
`
`a $275.00
`Fee: The Reception Hall fee is $550.00 per day, paid in two installments:
`3.
`nonrefundable reservation deposit (paid on
`) and the remaining balance of $275.00, due
`ninety (90) days prior to the event. Usual and customgy hall cleaning and garbage removal is
`included in this fee.
`
`4. Refundable Damage Deposit: Client also agrees to pay a $200.00 refundable damage and
`excessive cleaning deposit, ninety (90) days in advance. It is agreed that the organization or person
`making the arrangements is responsible for all materials and equipment that are broken, damaged,
`lost or stolen during the event. Charges will be based on replacementfrepair costs if CRT deems
`this to be acceptable. All items not previously noted as damaged or deficient shall be presumed to
`
`

`

`
`
`tnunnn
`
`PO Box 783
`Cortland, NY 13045
`Fax: (607)753-0047
`Phone: (607)753-6161
`cortlandrep@hotmail.com www.cortlandrep.org
`
`
`
`Exhibit 119 p2
`
`Use and Occupancy The Client covenants that no damage shall be committed upon or to the contracted
`premises; that the premises shall be used for the purpose hereinabove stated, and shall not be used or
`permitted to be used for any other purpose; that said premises shall not be used for any unlawful
`purpose and no violations of law or ordinance shall be committed thereon; that nothing shall be done
`which will increase the fire hazard or to cause the insurance rates thereon to be increased; and that any
`additions or improvements placed upon the premises by either party during the term, except the
`unattached and moveable property of the Client, shall be the sole property of CRT.
`
`Fire and Unsafe Building Clause. The Client agrees to peaceably enforce Fire and Safety codes
`maintained by CRT and Cortland County. Space Heaters, candles or other open flame decorative
`items are not permitted for use.
`
`Client’s Resmnsibility. The Client agrees to be responsible for any damage to the property of the CRT
`which may result from any use of the contracted premises, or any act done thereon by the Client or any
`person coming or being thereon by the license of the Client, expressed or implied, and will also save the
`CRT harmless from any liability to any other person, for damage to-person or property resulting from
`any such causes.
`'
`
`CRT and Client’s Mutual Waiver of Subrogation Rights. The CRT and Client do hereby mutually
`reiease each other from any subrogation rights which could result under insurance policies or otherwise
`from any claims or liability which could be asserted arising out of loss or damage to this real estate,
`building, CRT’s property or Client’s property and chattels, fi'om fire or any other risk for which the
`CRT and Client becomes entitled to receive proceeds from insurance policies.
`
`Eviction: CRT reserves the right to evict any person(s) acting in an offensive, harmful, damaging or
`otherwise inappropriate manner. If this is to occur, the client is entitled to no refunds.
`
`Smoking: Inside the Pavilion is prohibited at all times.
`
`In the event that the reception hall is available the day before the event, the client may
`Decorating:
`rent the hall at $15 per hour up to 4 hours to decorate.
`In the event that the reception hall is available
`the day after the event the client may rent the hall at $15 per hour up to 4 hours to remove client’s
`property only with notice prior to your event.
`In the event that you exceed the 4 hour maximum time
`limit there will be a charge of $275 for up to '7 hours and $550 for time exceeding 7 hours. Day before
`and day after decorating and property removal times are not guaranteed.
`
`This contract is void if it cannot be performed because of government regulations, weather or other natural disasters
`or accidents. This contract is interpreted under New York law.
`
`
`W-
`
`Date
`
`Presented by:
`Cortland Repertory Theatre
`
`(/40 W
`
`Accepted by (signature of client)
`
`10202019
`
`Date
`
`
`
`

`

`Aurora Video Productions
`
` 132 Grove St
`
`N Syracuse, NY 13212
`315-427-7825
`
`DATE:
`iNVOICE #
`
`June 11, 2014
`20140611
`
`Bill To:
`
`Charlie Bertinni
`
`Ship To:
`
`Exhibit 119 p3
`
`s-es Rep-mm
`
`swam ma
`
`SUBTOTAL
`
`
`
`PST
`
`GST
`
`8.00%
`
`SHIPPING & HANDLING
`
`TOTAL
`
`PAID
`
`TOTAL DUE
`
`THANK YOU FOR YOUR BUSINESS!
`
`
`
`

`

`Exhibit 120 p1
`
`
`
`“Artist’s Contract
`
`This contract, for Syracuse & Onondaga County, for the exclusive personal
`services of musicians at & on the date of the engagement described below,
`and exclusively for the summer of 2015 (June, July. August 2015) in Syracuse
`and Onondaga County, is made this 2th day of February 2015 between the
`undersigned " Purchaser" of music (herein called "Purchaser”) and the undersigned Artist
`(herein called uMusician”).
`
`1) Name of Engagement 33rd Annual M&T Syracuse Jazz Fest
`
`2) Location: Onondaga Community College Campus; Festival Main Stage
`
`3) Name of Artist I ”Musician” AppleJazz: Special Encore Presentation!
`
`4) NumberofMusicians 7 Number ofVocaIists: 2 Total#of Musicians: 9
`
`5) Date & Time of Engagement: 6:00 pm, Friday, July 17, 2015 (one 75-minute set)
`
`6) Type of Engagement: Outdoor Jazz Festival
`
`7) Compensation Agreed Upon: $5,700 (five thousand seven hundred dollars), as follows:
`
`8) “Purchase!” Will Make Payment As Follows:
`
`redacted
`
`- 50% Deposit to Artist (AppleJazz Records) on June 17, 2015
`
`50% Balance to Artist, in cash, prior to performance, on show date of July 17 2015
`
`9) Stage Ptot, Rider & Back Line [Tech Needed (please use additional sheets if necessary)
`
`

`

`Exhibit 120 p2
`
`Syracuse JazzFest Production, Inc.
`Print "Purchaser‘s" Name
`
`Charlie Bertini dba A leJazz Records
`Print Name of Signatory “Musician"
`
`Signature of “Purchaser” (Frank Malfitano)
`
`Signatory “Musician" (Chariie Bertini)
`
`I
`
`dlé/ {jg/ZN Apptaflz’i/W9
`
`Date
`
`Date
`
`fl
`’-
`Z '- 6 a 30/ ’0
`
`
`
`314 North Avenue Suite Two
`
`Street Address
`
`Syracuse, NY 13206-2833
`
`City, State, Zip
`
`(315)437-5627H3151635-8045
`
`Telephone Number(s)
`
`/082’5 Wit/WW CT
`
`Street Address
`
`omyo 6/ 5202//
`
`
`City, State, Zip
`
`0
`
`(
`
`) 407’ 499 I 8 / 7%
`
`Teiephone Number(s)
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Figley, Joseph Dean (info@kingblossomguitars.com)
`
`U.S. TRADEMARK APPLICATION NO. 85084021 - APPLE JAM - N/A
`
`10/28/2010 11:32:27 AM
`
`ECOM112@USPTO.GOV
`
`Exhibit 121 p1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`APPLICATION SERIAL NO. 85084021
`
`MARK: APPLE JAM
`
`CORRESPONDENT ADDRESS:
` FIGLEY, JOSEPH DEAN
` 834 DUNBAR HILL RD
` GRANTHAM, NH 03753-3232
`
`
`APPLICANT: Figley, Joseph Dean
`
`CORRESPONDENT’S REFERENCE/DOCKET NO :
` N/A
`CORRESPONDENT E-MAIL ADDRESS:
` info@kingblossomguitars.com
`
`*85084021*
`
`CLICK HERE TO RESPOND TO THIS LETTER:
`http://www.uspto.gov/teas/eTEASpageD.htm
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE
`RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
`
`ISSUE/MAILING DATE: 10/28/2010
`
`REVIEW OF APPLICATION & SEARCH OF OFFICE RECORDS
`The referenced application has been reviewed by the assigned trademark examining attorney.
`
`The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act
`The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act
`Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
`Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
`
`Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
`REGISTRATION REFUSED – SPECIMEN NOT ACCEPTABLE
`The specimen is not acceptable because it does not show the applied-for mark used in connection with any of the services specified in the
`application. An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for
`each class of goods and/or services. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP
`§§904, 904.07(a).
`
`In this case, the specimen is merely the words of the proposed mark and does not show the mark in connection with any services at all.
`
`Therefore, applicant must submit the following:
`
`(1) A substitute specimen showing the mark in use in commerce for each class of goods and/or services specified in the application; and
`
`(2) The following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “ The substitute specimen was
`in use in commerce at least as early as the filing date of the application.” 37 C.F.R. §2.59(a); TMEP §904.05; see 37 C.F.R.
`§2.193(e)(1). If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the amended
`
`

`

`’63“,th étatefi of gum
`mutter! fitatefi iBateut anti Erahmnark QBffiu:
`
`It}?
`
`Apple Jam
`
`Exhibit 121 p2
`
`FlGEJ—IY. JOSEPH DEAN [UNITED S'I'A'I'HS INDIVIDUAL:
`Reg. No. 3,930,903
`334 DUNBAR I-IIH, ROAD
`.
`Reglstered Mar. 15, 201] URAN'I'HAM. NIIU3753
`
`Int. CL: 4]
`
`FOR: ARRANGING ANJ.) CONITJUC'l'INCE 01: MUSIC C(')NCI;'R'I‘S_ IN CLASS 41 (11.3.0145.
`100, N11 AND Hm.
`
`SERVICE MARK
`
`FIRST USE 6—22—2009: IN COMMIERCI‘I(14—2010.
`
`PRINCIPAL REGISTER
`
`'11 u: MARK CONSIS‘I'S or S'I'ANDARD CEIAIMC'I'ICRS Wl'l'llOU'I' CLAIM N) ANY PAR»
`'l‘ICUIAR I’ON'IL S'I‘YLI‘I. 51211 OR COLOR.
`
`SIER. NO. 85-084.UZI. FILED 7-H-2lilt].
`
`KIMBERLY PERRY. l-IXAMTNING A'E'I'ORNI‘ZY
`
`
`
`IJircLIur l-r rhu L-xlilvd Rum-1 [Em-m and l::k|El|):l::x {man-
`
`

`

`4/1/2018
`
`Welcome to AppleJazz Records
`
`http://applejazz.com/
`
`187 captures
`5 Oct 1999 - 7 Mar 2018
`
`Go
`
`APR JUN SEP
`
`2016 2017 2018
`
`(cid:66) ⍰❎
`
`
`f (cid:64)
`
`▾ About this capture
`
`Home
`
`About Us
`
`AppleJazz Events
`
`Services
`
`Music Store
`
`Contact Us
`
`Links
`
`W e lcom e t o Ap p le Ja zz
`
`Exhibit 124 p1
`Fe a t u r e d Alb u m s
`
`FULL CIRCLE
`Wayne Bergeron
`Check it out
`
`LIVE & UNPLUGGED!
`John Allred & Charlie Bertini
`Check it out
`
`CHLOE
`Orlando Jazz Orchestra
`Check it out
`
`TO FRED WITH LOVE
`2-disc set
`Check it out
`
`AppleJazz Band Final Festival
`
`Now on DVD & Bluray
`
`To learn more and purchase...
`click here
`
`TRIOLOGY
`Charlie Bertini
`Check it out
`
`LIVE AT APPLEJAZZ
`
`Ronnie Leigh
`Check it out
`
`We had an absolute blast performing for the
`
`Syracuse Jazz Fest on July 17 and 18, 2015. The
`
`AppleJazz Band took the stage on Friday night to
`
`an enthusiastic but rainy crowd. Click here for
`
`the album of amazing photos tak en by Sandy
`
`Roe:
`
`https://www.facebook .com/pages/AppleJazz-
`
`Records/423468081107072
`
`Then on Saturday, five of the AJZ members played in Aretha Frank lin’s band: Charlie
`
`Bertini, John Allred, Terry Myers, Andy Calabrese and Mark Doyle. The Queen of
`
`Soul was in top form and sang for 90 minutes to a crowd of 40,000 fans on a beautiful
`
`summer night. What a honor it was to be a member of her band! Thank s to Frank
`
`Malfitano for inviting us to perform at Syracuse Jazz Fest 2015
`
`PLAYS WELL WITH
`
`OTHERS
`Wayne Bergeron
`Check it out
`
`CLASSIC PERFORMANCES
`Charlie Bertini's AppleJazz Band
`Check it out
`
`FOCUSED
`John Allred
`Check it out
`
`JEWELS
`Charlie Bertini
`Check it out
`
`https://web.archive.org/web/20170610193357/http://applejazz.com/
`
`1/2
`
`

`

`4/1/2018
`
`Welcome to AppleJazz Records
`
`We offer online sales of Jazz, Big Band, and Swing album CDs, of unique, emotional recordings of
`independent jazz artists, as well as merchandise for the jazz enthusiast. We also offer services that
`aid in music recording and production.
`
`Exhibit 124 p2
`
`We feature such artists as Charlie Bertini, Wayne Bergeron, Bill Allred's Classic Jazz Band, John
`Allred, Terry Myers, Eddie Metz, Marvin Stamm and Allan Vaché along with a host of other incredibly talented jazz musicians.
`
`AppleJazz Records began with promoting the recordings of the "AppleJazz Band", a festival band that performed once a year at the AppleJazz Festival in upstate
`New York. This concert was recorded "live" each year, and much of the recorded material was well worth releasing. The "AppleJazz" label was formed to
`manufacture CDs to be sold at The AppleJazz Festival and other similar festivals across the US. By keeping costs low and applying a great attention to detail and the
`artistry behind the music, AppleJazz has been able to provide unique, emotional recordings.
`
`Throughout the Jazz and Dixieland festival circuit, many fine bands have similar recordings. The fact that these groups have limited or no distribution prompted us to
`include their CDs on this web site as well as on our mailing list. AppleJazz Records is dedicated to these groups and their listeners, who often have difficulty locating
`these artists and their recordings.
`
`Charlie Bertini served as executive director of the annual AppleJazz Festival held in upstate NY. He has played in 45 states, Europe, and China. As a teacher and
`clinician he has led workshops and lectures at high schools and universities and is a member of FMEA and Florida Bandmasters Association. Still based in Orlando,
`Charlie enjoys a variety of musical settings and challenges and continues to be one of the most versatile and respected trumpeters and producers in the industry.
`
`If you need any additional information, please contact us at info@applejazz.com
`
`
`
`
`
`2016 AppleJazz Records All Rights Reserved. Please see our Privacy Policy
`
`https://web.archive.org/web/20170610193357/http://applejazz.com/
`
`2/2
`
`

`

`4/1/2018
`
`AppleJazz Merchandise
`
`http://applejazz.com/services.htm
`
`8 captures
`6 Feb 2015 - 22 Oct 2016
`
`Go
`
`JUN OCT NOV
`
`2015 2016 2017
`
`(cid:66) ⍰❎
`
`
`f (cid:64)
`
`▾ About this capture
`
`Home
`
`About Us
`
`AppleJazz Events
`
`Services
`
`Music Store
`
`Contact Us
`
`Links
`
`W e lcom e t o Ap p le Ja zz Se r v ice s
`
`AppleJazz is happy and proud to be able specialized services in the production and recording arena.
`
`Exhibit 124 p3
`
`Recording Evaluation
`Recording Production
`Event Production
`
`If you would like more information about AppleJazz Services, please contact us at: info@applejazz.com.
`
`
`
`
`
`
`
`2015 AppleJazz Records All Rights Reserved. Please see our Privacy Policy
`
`https://web.archive.org/web/20161022034443/http://applejazz.com/services.htm
`
`1/1
`
`

`

`4/1/2018
`
`AppleJazz Merchandise
`
`http://applejazz.com/recording-evaluation.htm
`
`8 captures
`6 Feb 2015 - 22 Oct 2016
`
`Go
`
`JUN OCT NOV
`
`2015 2016 2017
`
`(cid:66) ⍰❎
`
`
`f (cid:64)
`
`▾ About this capture
`
`Exhibit 124 p4
`
`Home
`
`About Us
`
`AppleJazz Events
`
`Services
`
`Music Store
`
`Contact Us
`
`Links
`
`Re cor d in g Ev a lu a t ion
`
`Already have your project recorded and mixed? We provide an evaluation service that can take your mixes to a higher level be