Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA770394
`09/13/2016
`
`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
`
`Snapchat, Inc.
`
`09/14/2016
`
`63 Market Street
`Venice, CA 90291
`UNITED STATES
`
`Sabina A. Vayner
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309
`UNITED STATES
`svayner@ktslaw.com, dwilson@ktslaw.com, bjones@ktslaw.com, kteil-
`haber@ktslaw.com, tmadmin@ktslaw.com
`
`Applicant Information
`
`Application No
`
`86827777
`
`Publication date
`
`05/17/2016
`
`Opposition Filing
`Date
`
`Applicant
`
`09/13/2016
`
`Opposition Peri-
`od Ends
`
`09/14/2016
`
`Johnson, Odell H.
`1145 W COLONA ST
`PHILADELPHIA, PA 19133
`UNITED STATES
`
`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: Computer application software for mobile
`phones, portable media players, handheld computers, namely, software for displaying image informa-
`tion
`
`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.
`
`4375712
`
`Registration Date
`
`07/30/2013
`
`Word Mark
`
`SNAPCHAT
`
`Application Date
`
`12/12/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2011/09/30 First Use In Commerce: 2011/09/30
`Computer application software for mobile phones, portable media players, and
`handheld computers, namely, software for sending digital photos, videos, im-
`ages, and text to others via the global computer network
`
`U.S. Registration
`No.
`
`4971934
`
`Registration Date
`
`06/07/2016
`
`Word Mark
`
`Design Mark
`
`SNAPCHAT
`
`Application Date
`
`05/04/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2011/09/00 First Use In Commerce: 2011/09/00
`Software for modifying the appearance and enabling transmission of photo-
`graphs and videos; software for use in taking and editing photographs and re-
`cording andediting videos; software to enable the transmission of photographs
`and videos to mobile telephones; software for the collection, editing, organizing,
`modifying, transmission, storage and sharing of data and information; computer
`software for use as an application programming interface (API); software to en-
`able uploading, downloading, accessing, posting, displaying, tagging, streaming,
`linking, sharing or otherwise providing electronic media or information via com-
`puter and communication networks; software for streaming audio-visual media
`content via a global computer network and to mobile and digital electronic
`devices; computer software which allows users to build and access social net-
`work information including address book, friend lists, profiles, preferences and
`personal data; software for managing contact information in mobile device ad-
`dress books; electronic database in the field of entertainment recorded on com-
`puter media
`Class 038. First use: First Use: 2011/09/00 First Use In Commerce: 2011/09/00
`Telecommunications services, namely, electronic transmission of data, mes-
`sages,graphics, animations, images, videos, multimedia content, and informa-
`
`

`
`tion in the field of entertainment; peer-to-peer photo sharing services, namely,
`electronic transmission of digital photo, video, and multimedia files; providing ac-
`cess to computer, electronic and online databases; broadcasting services over
`computeror other communication networks, namely, uploading, posting, display-
`ing, tagging, and electronically transmitting data,information, messages, graph-
`ics, animations, videos, multimedia content, and images; telecommunication ser-
`vices, namely, electronic transmission of data, photos, music and videos; broad-
`casting and streaming of audio-visual media content; transmission of download-
`able audio-visualmedia content
`Class 041. First use: First Use: 2015/01/27 First Use In Commerce: 2015/01/27
`Publishing services, namely, publishingof electronic publications for others; cre-
`ation, development, production and distribution of entertainment content,
`namely, multimedia content, animations, video footage, text, still images, videos,
`and ongoing series featuring comedy, drama, musical entertainment, sports,
`health and wellness, and news broadcast online or distributed to mobile elec-
`tronic devices; providing online audio-visual entertainment information via a
`global computer network; providing information via a global computer network in
`the field of entertainment; online databases in thefield of entertainment
`Class 042. First use: First Use: 2011/09/00 First Use In Commerce: 2011/09/00
`Hosting of digital content on the internet; providing information from searchable
`indexes and databases of information,including text, electronic documents, data-
`bases, graphics, photographic images and audio visual information, by means of
`computer and communication networks; computer services, namely, creating vir-
`tual communities for registered users to participate in discussions and engage in
`social, business and community networking; application service provider (ASP)
`featuring software to enable or facilitatethe uploading, downloading, streaming,
`posting, displaying, linking, sharing orotherwise providing electronic media orin-
`formation over communication networks
`Class 045. First use: First Use: 2011/09/00 First Use In Commerce: 2011/09/00
`Global computer network-based social introduction and networking; providing
`computer databases via a global computer network in the fields of social net-
`workingand social introduction; providing information and advice in the field of
`providing secure electronic communication
`
`Attachments
`
`85800506#TMSN.png( bytes )
`86619184#TMSN.png( bytes )
`2016.09.13 Notice of Opposition_Exhibits 1 - 4.pdf(5537374 bytes )
`
`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.
`
`Certificate of Service
`
`Signature
`
`/Sabina A. Vayner/
`
`Name
`
`Date
`
`Sabina A. Vayner
`
`09/13/2016
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposer,
`
`SNAPCHAT, INC.,
`
`
`
`v.
`
`ODELL H. JOHNSON,
`
`
`
`
`Applicant.
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
` Opposition No. _____________
`
`
` TM: SNAPFACTS
`
` (App. Serial No. 86827777)
`
`
`
`
`
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer Snapchat, Inc., a corporation organized and existing under the laws of Delaware
`
`with a principal place of business at 63 Market Street, Venice, California 90291 (“Snapchat”),
`
`will be damaged by registration of the SNAPFACTS mark set forth in Application Serial No.
`
`86827777 (the “Application”), owned by Odell H. Johnson, with an address of record at 1145
`
`West Colona Street, Philadelphia, Pennsylvania 19133 (“Applicant”), and opposes that
`
`Application:1
`
`1.
`
`Snapchat is the designer and distributor of the popular SNAPCHAT messaging
`
`application that, among other things, allows users to share photographs, videos, and messages
`
`with others via mobile devices.
`
`2.
`
`Snapchat is the owner of the well-known SNAPCHAT mark, both standing alone
`
`and in combination with other terms and/or design elements, which it has used continuously in
`
`United States commerce for five years in connection with a wide variety of goods and services
`
`(the “SNAPCHAT Mark”).
`
`
`1 The Application was published for opposition in the Official Gazette on May 17, 2016. Snapchat
`timely filed an extension of time to oppose, and now timely files this Notice of Opposition.
`
`
`
`

`
`3.
`
`Since its launch in 2011, Snapchat has extensively promoted and distributed its
`
`mobile messaging application and related goods and services in connection with its highly
`
`distinctive SNAPCHAT Mark. These efforts have been extraordinarily successful. Snapchat and
`
`the goods and services offered under its SNAPCHAT Mark have been the subject of thousands
`
`of articles in a wide range of media venues, and the SNAPCHAT application is among the fastest
`
`growing and most popular smartphone applications in the world.
`
`4.
`
`Indeed, an early 2015 report indicated that the SNAPCHAT application was the
`
`fourth most popular social media application among 18-24 year olds, and a November 2014
`
`study indicated that 71% of U.S. social media users between 18-29 years of age accessed the
`
`SNAPCHAT application. Attached as Exhibit 1 is a printout of DEFY Media’s Acumen Report,
`
`released on or about March 3, 2015, reporting (on page 8) usage of the SNAPCHAT application
`
`across various age groups, and attached as Exhibit 2 is a printout of emarketer.com’s January 9,
`
`2015 article reporting that a November 2014 survey by Cowen and Company revealed 71% of
`
`18-29 year olds access the SNAPCHAT application. As of early 2016, there were over 100
`
`million daily active users of the SNAPCHAT application, with that number growing steadily.
`
`5.
`
`As a testament to Snapchat’s success, the SNAPCHAT application was declared
`
`the “Best Mobile Application” at the 2013 Crunchies Awards. Since then, Snapchat’s
`
`SNAPCHAT application growth and development have skyrocketed, with recent high-profile
`
`advertising partnerships with the National Football League, BuzzFeed, Mashable, Cosmopolitan,
`
`CNN, and the 2016 MTV Movie Awards, among others. Since 2011, Snapchat’s millions of
`
`registered users have shared billions of photo and video messages and, as of early 2016,
`
`approximately 8 billion videos were viewed daily via the SNAPCHAT application.
`
`6.
`
`Because of the high degree of inherent and acquired distinctiveness of the
`
`SNAPCHAT Mark, the length of time and extent to which Snapchat has used the SNAPCHAT
`
`
`
`2
`
`

`
`Mark, the vast advertising and publicity the SNAPCHAT Mark has received, the substantial
`
`trading area in which the SNAPCHAT Mark is used, and the high degree of consumer
`
`recognition of the SNAPCHAT Mark, the SNAPCHAT Mark is a strong and extremely well-
`
`known trademark, deserving of a broad scope of legal protection.
`
`7.
`
`In addition to its strong common law rights in the SNAPCHAT Mark, Snapchat is
`
`the owner of multiple federal registrations that consist of or incorporate its SNAPCHAT Mark,
`
`including but not limited to: (1) Registration No. 4375712 of the SNAPCHAT mark for
`
`“computer application software for mobile phones, portable media players, and handheld
`
`computers, namely, software for sending digital photos, videos, images, and text to others via the
`
`global computer network” in Class 9, issued on July 30, 2013 and claiming a date of first use in
`
`commerce of September 30, 2011; and (2) Registration No. 4971934 of the SNAPCHAT mark
`
`for a wide variety of goods and services in Classes 9, 38, 41, 42, and 45 (as reflected in the
`
`Certificate of Registration attached as Exhibit 4), issued on June 7, 2016 and claiming a date of
`
`first use in commerce of September 2011 for the Class 9, 38, 42, and 45 goods and services and
`
`January 27, 2015 for the Class 41 services (collectively, the “SNAPCHAT Mark Registrations”).
`
`The SNAPCHAT Mark Registrations are valid and subsisting and, pursuant to 37 C.F.R. §
`
`2.122(d), copies of Certificates of Registration and printouts from the U.S. Patent and Trademark
`
`Office’s (“USPTO”) electronic TSDR database, showing the current status and title for each of
`
`the SNAPCHAT Mark Registrations, are attached as Exhibits 3-4.
`
`8.
`
`On November 20, 2015, Applicant filed an intent-to-use application with the
`
`USPTO to register the SNAPFACTS mark for “computer application software for mobile
`
`phones, portable media players, handheld computers, namely, software for displaying image
`
`information” in Class 9 (Serial No. 86827777) (“Applicant’s Mark”).
`
`
`
`3
`
`

`
`9.
`
`There is no issue as to priority. Snapchat’s use of its SNAPCHAT Mark began
`
`years prior to any actual or constructive use date of Applicant’s Mark.
`
`10.
`
`Applicant’s Mark is very similar in sight, sound, appearance, and commercial
`
`impression to the SNAPCHAT Mark. Indeed, Applicant’s Mark incorporates the entirety of the
`
`“SNAP” prefix of the SNAPCHAT Mark, merely substituting the suffix “CHAT” with the suffix
`
`“FACTS.”
`
`11.
`
`The goods recited in the Application are identical to and/or significantly overlap
`
`with, the goods and services that Snapchat currently provides in intrastate and interstate
`
`commerce in connection with its SNAPCHAT Mark, and which it provided for years prior to any
`
`actual or constructive use date of Applicant’s Mark.
`
`12.
`
`Applicant had constructive knowledge and, on information and belief, also had
`
`actual knowledge of Snapchat’s SNAPCHAT Mark prior to selecting Applicant’s Mark.
`
`13.
`
`Applicant had constructive knowledge and, on information and belief, also had
`
`actual knowledge of Snapchat’s SNAPCHAT Mark prior to filing the Application.
`
`14.
`
`Snapchat will be damaged by registration of Applicant’s Mark because the mark
`
`so resembles the SNAPCHAT Mark as to be likely to cause confusion, mistake, and deception.
`
`Persons familiar with the SNAPCHAT Mark and the goods and services offered under the
`
`SNAPCHAT Mark would be likely to believe erroneously that Applicant’s goods are the goods
`
`of Snapchat or are authorized, endorsed, sponsored, or licensed by Snapchat. Thus, registration
`
`of Applicant’s Mark on the Principal Register would be inconsistent with Snapchat’s strong prior
`
`rights in its SNAPCHAT Mark under 15 U.S.C. §§ 1052(d) and 1063.
`
`Snapchat therefore requests that the Board sustain this proceeding in Snapchat’s favor by
`
`refusing registration to the SNAPFACTS mark underlying Application Serial No. 86827777.
`
`
`
`4
`
`

`
`The required $300.00 opposition fee is being submitted electronically with this Notice of
`
`Opposition. The Director is authorized to debit Kilpatrick Townsend & Stockton LLP’s
`
`Trademark Deposit Account No. 20-1430 for any deficiency in the required fee.
`
`
`This 13th day of September, 2016.
`
`Respectfully submitted,
`
`
`
`Dennis Wilson
`Kilpatrick Townsend & Stockton LLP
`9720 Wilshire Boulevard PH
`Beverly Hills, California 90212-2018
`dwilson@kilpatricktownsend.com
`
`Sabina A. Vayner
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, Georgia 30309-4528
`svayner@kilpatricktownsend.com
`
`Counsel for Opposer Snapchat, Inc.
`
`
`
`5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposer,
`
`SNAPCHAT, INC.,
`
`
`
`v.
`
`ODELL H. JOHNSON,
`
`
`
`
`Applicant.
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
` Opposition No. _____________
`
`
` TM: SNAPFACTS
`
` (App. Serial No. 86827777)
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`This is to certify that a true and correct copy of the foregoing Notice of Opposition was
`
`served on Applicant’s correspondence contact of record on September 13, 2016 via first-class
`mail, addressed to:
`
`
`Odell H. Johnson
`1145 West Colona Street
`Philadelphia, Pennsylvania 19133
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Sabina A. Vayner
`Attorney for Opposer
`
`
`
`
`
`
`
`
`CERTIFICATE OF TRANSMITTAL
`
`This is to certify that a true and correct copy of the foregoing Notice of Opposition is
`being filed electronically with the TTAB via ESTTA on this day, September 13, 2016.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Sabina A. Vayner
`Attorney for Opposer
`
`
`
`6
`
`
`
`
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`

`
`EXHIBIT 1
`
`

`
`Acumen Report: lnfluencers of Teen's and Mil|ennia|'s Content Choices
`
`Page 1 of 2
`
`Acumen
`
`- Home
`
`- Categories
`- Our Research
`
`- About Acumen
`- Search
`
`- Advertising
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`- Health
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`
`- Money & Career
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`- Shopping
`° am
`- Technology
`
`Media & Internet | Mar 03, 2015
`
`The Acumen Report: Constant Content
`
`DEFY Media's research on the content choices of youth 13-24
`
`The big news about youth 13-24 is the decline in TV watching and increase in digital consumption.
`Even heavyweight Nielsen concedes, “Traditional television viewing. . .is down, especially for
`younger viewers.” DEFY believes the shift stems from youth's “digital native" upbringing and their
`specific lifestyle needs. This cohort has been able to download or stream whatever content they
`want—whenever they want—from the day they could work a keyboard. Digital is second-nature,
`highly relevant, and uniquely suited for their always-on |ifestyle—and we credit these factors for
`driving youth's increased consumption of online content.
`
`The Acumen Report: Constant Content looks at time spent watching different types of media with
`specific insights into why TV time is not even close to digital. It explores the role of social media in
`content discovery and how “thumbstoppers" are crucial to getting youths’ attention, with a deep-dive
`into the thematic elements that appeal to youth. The phenomenon of YouTube celebrities and their
`role influencing youths’ content choices also is explored.
`
`We invite you to download the Executive fitudy for further insights into the 13-24 year-old consumers
`we believe are driving the future of media consumption.
`
`
`Tagszinternet, media consumgtion, Millennials online, smartphone, teens, fl, YouTube
`
`http://acumen.defymedia.com/acumen—report—constant—content-2/
`
`4/16/2015
`
`

`
`Acumen Report: lnfluencers of Teen's and Mil|ennia|'s Content Choices
`
`Page 2 of 2
`
`
`
`Pass it around
`
`5
`
`12
`
`0
`
`no
`
`NEXT INSIGHT
`
`Digital Content Better Fits Youth Lifestyles
`
`PREVIOUS INSIGHT
`
`Staying Out of Trouble
`
`Brought to you by DEFY Media
`
`http://acumen.defymedia.com/acumen—report-constant-content-2/
`
`4/16/2015
`
`

`
`
`

`
`The AUUMEN REPORT is DEFY l\/|edia’s original
`
`research uncovering insights on the audiences
`
`we connect with through our brands and content.
`
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`
`xposure to online content and social media at a young age means
`
`digital is second nature to 13-24 year olds; they have different
`
`notions of "alone" and “sharing” compared to older generations.
`
`For example, you're never alone when you can go back-and-
`
`forth via text and social media in real time. Watching a video
`
`“with other people" can mean texting each other while watching
`
`in different geographic locations. And “offline” has no meaning;
`life is never offline when the internet is available 24/7 and
`
`you've grown up with FOBO—the fear of being offline. “
`
`EAR
`
`

`
`This age group also differs in how
`
`they build relationships. Connection
`
`largely occurs in the digital domain,
`
`and the sharing of videos and
`
`photos is an indispensable tool for
`
`developing relationships. The video I
`
`share with you becomes a common
`
`experience between us-a bond—in
`
`the same way shared life
`
`experiences create bonds.
`
`. Contrary to popular belief.
`
`A’
`
`r‘
`
`1'‘
`
`(‘Fl
`
`

`
`DNLlNE VIDED
`.
`-S.
`
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`AVG. 11.3
`
`S/WEEK
`
`_SUBSDRlFTlDN DNLINE VIDED
`
`AVG. 1D.8 HRS/WEEK
`
`FREE DNLINE TV
`
`AVG. 6.4 HRS/WEEK
`
`SCHEDULED W
`
`outh 13-24 view fewer hours of
`
`traditional TV than content from
`
`digital sources. Online video, viewed
`
`in social media or on sites like YouTube, is
`
`M: 8.3 iinsri-im:
`
`watched by 96% of youth at an average
`
`of l
`
`1 hours weekly. Traditional TV, by
`
`comparison, is viewed by only 81% at an
`
`average of 8 hours weekly.
`
`REGDRDED TV
`
`

`
`
` Can watch anytime I want
`Has what I want to watch
`69%
`56%
`
`
`
`
`We believe digita|’s rise results from its better
`
`fit with youth lifestyles. Online video allows
`
`them to "watch any time I want” and “has what
`I want to watch" more so than TV. Online video
`
`has other notable benefits including it is “easy
`
`to relate to" and “makes me feel good about
`
`myse|f"—-a meaningful trait for the angst of
`
`the teen years. And youth say online offers
`
`a better chance of avoiding advertising or
`
`ignoring it, pointing to the importance of native
`
`solutions that marry content with advertising.
`
`67%
`
`62%
`
`-17%
`',-:~"+
`
`66%
`
`ex
`
`41%
`
`40%
`
`r. 1%
`47%
`
`47%
`
`42%
`
`
`
`Easy to relate to
`
`Makes me feel good about myself
`
`
`
`
`I watch with other people
`I talk about in social media
`
`1
`
`For when I want to relax
`
`(6
`
`
`
`Has ads I can easily ignore
`
`Whatever you want to
`
`Has way too many ads
`
`watch online .
`
`.
`
`. it’ll be
`
`JOE. 15
`
`there; TV, you have to deal with what’s there.
`
`

`
`I M
`
`0 F
`
`GE
`
`U M B_
`
`outh say they frequently discover content via
`
`feeds. particularly social networks. Youth would
`
`use their thumbs to scroll through feeds and
`
`suddenly come to a halt on an item. We call these
`
`thumbstopper moments, meaning the instant you stop
`
`scrolling and start paying attention.
`
`Thumbstoppers can be unrelated to the content—such as
`
`“sent by someone I respect," “viewed by a lot of people," and
`
` imagine doing with my friends" or "something I don't expect."
`
`“polished and professional looking." They also can be entirely
`
`about the subject matter; for instance. an “activity I can
`
`Liked or viewed by a lot of people
`
`Sent by someone I respect
`
`Something that happened to people I know
`
`Activity I can imagine doing with my friends
`
`Thought I've had but never said out loud
`
`Polished and professional looking
`
`Something I don't expect
`
`Has a message or is about a cause
`
`59°/o
`
`58%
`
`55°/o
`
`53%
`
`53%
`
`52%
`
`51%
`
`49%
`
`

`
`Facebook
`
`lnstagram
`
`Snapchat
`
`Twitter
`
`Tumblr
`
`Pinterest
`
`I
`
`A I
`
`f thumbstoppers are the track signals.
`then social media is the train. Facebook
`
`the age spectrum. We've read interviews
`where teens say they use Facebook
`
`is the most often used network among
`
`only to stay in touch with family;
`
`18-24 year olds despite a decline
`
`thus we can envision a future where
`
`among teens. and lnstagram is garnering
`
`Facebook is for family and lnstagram
`
`significant use at the younger end of
`
`is for peers—-but both are still in use.
`
`
`
`

`
`A thumbstopper may get youths’ attention but it doesn't guarantee
`
`the content will be appealing.
`
`and
`
`w were themes
`
`we observed most often when youth described appealing content..
`
`Rebellion is a check on the mainstream or a message that you-
`
`don't-have—to—grow-up. Youth in the study described this content as
`“random and hilarious." Reflection normalizes common events and
`
`engenders feelings of, “That's me|" and youth described such content
`
`as "re|atable." Rebellion and Reflection don't cover every theme
`
`13-24 year olds enjoy, but these are what we heard most often.
`
`JUSH. 18
`
`

`
`THEMES THAT APPEAL Tl] 13-24 YEAR-ULDS
`
`
`
`Rebellion and Reflection materialize as two ends of a spectrum rather than either-or.
`
`An “activity I could imagine doing with friends" may seem Reflective, but if the activity is
`
`a stunt gone wrong (”major fail"), it can look like Rebellion.
`
`
`
`

`
`ariety magazine commi
`
`‘oned a study to measure the awareness, likaoility and purchase influence of YouTube
`
`YouTubers are described aszjust like me, understands
`
`me, someone I trust. has the best advice. doesn’t try to be
`
`perfect, genuine, someone I feel close to. and likes the same
`
`things I do. YouTubers and TV/Movie stars are viewed equally
`
`stars and traditional TV/Movie itars among 13-18 year olds; -,i>< of the top fen personalities were YouTube
`
`star‘ We oullt on this notion to discover why YouTubers are more popular, and it boils dovxn to relatability.
`the lhingr. I want in do. and has unique or special lalenls.
`
`as aspirational. meaning they have traits youth strive to
`
`achieve: someone I look up to / I respect / l’d like to be. does
`
`

`
`Is this a fad or a trend that will carry
`
`WUIIIIT TUII TRY A PRUITUCT UR BRANT]
`
`forth as youth age? We believe
`it's a trend because YouTubers
`
`have equal influence on teens and
`
`young adults. Over 60°/o of all age
`
`groups say they would buy a brand
`
`recommended by a YouTuber.
`and YouTubers are followed in
`
`social media at nearly equal
`
`rates across the age spectrum.
`
`SUITGESTEIT BY...
`
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`THE FUTURE FUR TUl]AY’S I3-24 YEAR l]LllS IS DIGITAL. DNLINE SUURBES
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`DELIVER THEMES ANI] PERSDNALITIES MURE RELATABLE THAN THOSE UFFEREIJ
`
`BY TV—[lN THE TIMETABLE AND ITEVIBES “NATIVE” TO THIS GENERATION.
`
`

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`

`
`

`
`EXHIBIT 2
`EXHIBIT 2
`
`

`
`Young Users Zoom In on Instagram - eMarketer
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`Young Users Zoom In on Instagram
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`Around one-third of US social netw orkers use
`Instagram
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`January 9, 2015 | Demographics (/articles/results.aspx?t= 1000) | Social M edia
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`Taking photos and recording videos via smartphone
`(/ Article.aspx?R=1011669) is getting big, and photo-sharing social
`network I nstagram may be benefiting as a result. According to a
`November 2014 study by Frank N. Magid Associates
`(http:/ / www.magid.com/ ), the percentage of US social users who
`used I nstagram rose from 24% to 32% between 2013 and 2014—a
`figure more than double that in 2012 and in line with eM arketer’s
`estimate that I nstagram penetration among social users in the US
`was 24.9% in 2013 and 30.4% last year. We expect this to reach
`33.8% this year.
`
`Meanwhile, Magid found
`that the percentage of
`social media users who
`used Facebook and
`Twitter dropped slightly
`to 90% and 39%,
`respectively. Google+
`was the only network
`that sat between fourth-
`place I nstagram and
`second-place Twitter.
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`Research points to millennials as the key drivers of I nstagram
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`November 2014 polling by Cowen and Company
`(http:/ / www.cowen.com/ ) found that 18-to-29-year-old US
`internet users were more likely than any other age group to use
`I nstagram. Fully 44% of respondents who had used the social
`network in the past 30 days were in that age range.
`
`Moving down the age spectrum, teens are also big fans of
`I nstagram, as evidenced by an AVG (http:/ / www.avg.com/ us-
`en/ homepage) study conducted in September 2014. Here, 62% of
`11-to-16-year-old US internet users reported using I nstagram—the
`second-highest percentage, trailing Facebook (80%) and well
`ahead of third-place Twitter (39%).
`
`eMarketer estimates that there will be 60.3 million I nstagram
`users in the US this year, and 12- to 34-year-olds will represent a
`whopping 78% of that total (18.2% share for teens, 27.6% for those
`18 to 24 and 32.2% for adults 25 to 34). Fully 56.0% of 18-to-24-
`year-old US internet users will access I nstagram via any device at
`least monthly in 2015, as will 45.5% of web users ages 12 to 17 and
`47.5% of those 25 to 34.
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