Trademark Trial and Appeal Board Electronic Filing System. http.//estta.uspto.gov
`ESTTA Tracking number: ESTTA1005098
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`Filing date: 09/27/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding 91232164
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`Party Defendant
`Christina Isaacs
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`Correspondence DAVID A LOWE
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`Address LOWE GRAHAM JONES PLLC
`701 FIFTH AVENUE SUITE 4800
`SEATTLE, WA 98104
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`UNITED STATES
`Lowe@LoweGrahamJones.com
`206-381-3300
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`Submission Defendant's Notice of Reliance
`Filer's Name David A Lowe
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`Filer's email Lowe@LoweGrahamJones.com
`Signature /David A Lowe/
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`Date 09/27/2019
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`Attachments TREK-6-0001P13 NORO04.pdf(821915 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TREK BICYCLE CORPORATION, INC.,
`
`Opposer,
`V.
`CHRISTINA ISAACS,
`Applicant.
`
`Opposition No. 91232164
`
`87123067
`87123091
`87123082
`
`Serial Nos.
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`APPLICANT’S FOURTH NOTICE OF RELIANCE
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`Applicant Christina Isaacs submits this Fourth Notice of Reliance pursuant to 37 CFR
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`§2.122(d) and TBMP §§ 704.10. Specifically, Applicant relies on Applicant’s First Set of Requests
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`for Admission (Ex. 1) and Opposer’s Responses thereto (Ex. 2). Opposer’s admission are relevant
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`to the 1ssues of likelihood of confusion.
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`DATED September 27, 2019.
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`s/ David A. Lowe, PTO Reg. No. 39.281
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`Lowe@LoweGrahamJones.com
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`LOWE GRAHAM JONESFMEC
`701 Fifth Avenue, Suite 4800
`Seattle, WA 98104
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`T: 206.381.3300
`F:206.381.3301
`
`Attorneys for Applicant
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`APPLICANT’S FOURTH NOTICE OF RELIANCE - 1
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`TREK-6-0001P13 NOR04
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`LoweE GRAHAM JONES...
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`701 Fifth Avenue, Suite 4800
`Seattle, Washington 98104
`206.381.3300 « F: 206.381.3301
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing
`document has been served on the party noted below on September
`27,2019 via email, pursuant to TBMP § 113:
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`Jennifer A. Widmer
`jwidmer@merz-law.com
`MERZ & ASSOCIATES, P.C.
`1010 Lake Street, Suite 400
`Oak Park, IL 60301
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`s/ David A. Lowe
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`LoweE GRAHAM JONES...
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`5 701 Fifth Avenue, Suite 4800
`APPLICANT’S FOURTH NOTICE OF RELIANCE - 2 Seattle, Washington 98104
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`TREK-6-0001P13 NOR04 206.381.3300 « F: 206.381.3301
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`EXHIBIT 1
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`TREK BICYCLE CORPORATION, INC., Opposition No. 91232164
`Opposer,
`V.
`Serial Nos. 87-123067
`CHRISTINA ISAACS, 87-123091
`87-123082
`Applicant.
`
`APPLICANT’S FIRST SET OF REQUESTS FOR ADMISSION NOS. 1-60
`Pursuant to Fed. R. Civ. P. 26 and 36, Applicant Christina Isaacs requests that Opposer
`Trek Bicycle Corporation, Inc. admit the following within thirty days of the service of these
`discovery requests.
`I. DEFINITIONS AND INSTRUCTIONS
`The following definitions and instructions apply to each request for admission.
`A. DEFINITIONS
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`29 ¢
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`1. “Opposer,” “Trek Bicycle,” “you,” or “your” shall mean Trek Bicycle Corporation,
`Inc. and all divisions, predecessors, parents, subsidiaries and other related companies, and the
`officers, directors, agents, attorneys, accountants and employees and all other persons in privity
`with such entities or persons with respect to the matters inquired of herein.
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`2. “Applicant” or “Isaacs” shall mean Christina Isaacs, and all other persons in privity
`with such person with respect to the matters inquired of herein.
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`3. “Person” or “persons” shall mean both companies and individuals.
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`4. “Company” or “companies” shall mean a corporation, joint stock company,
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`partnership, joint venture, sole proprietorship, trust association, firm or any other business entity
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`in whatever form located anywhere in the world.
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 1 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`5. “Document” or “documents” refer to all materials within the scope of Rule 34 of
`the Federal Rules of Civil Procedure, including all written, typed, printed, recorded, graphic, audio,
`visual, or photographic matter, whether contained on paper, magnetic storage media (e.g., hard
`drives or disks), optical storage media (e.g., CDRoms, DVDs), video or audio tapes, or in any other
`form, that are in your actual or constructive possession, custody or control or of which you have
`knowledge, wherever located, whether an original or a copy and including all copies on which any
`mark, alteration, writing or any other change from the original has been made.
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`6. “All documents” means every known document, as above defined, and all
`documents that can be located or discovered by reasonable diligent search of all locations likely to
`contain such documents.
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`7. “Communication” means any exchange or transfer of information between two or
`more persons, whether written (including electronic), oral, or in any other form.
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`8. “Relate,” “relating,” or “related” means and includes any and all information,
`documents and things referring, reflecting, suggesting, supporting, controverting, evidencing,
`consisting of, comprising, associated with, or otherwise relating in any way to the specified subject
`matter, topic, classification, or category of information, communication, conduct, or event.
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`0. “Opposer’s marks” includes those marks for which Opposer claims ownership and
`based on which Opposer has asserted claims against Applicant, including without limitation TREK
`or derivations marks set forth in Opposer’s Notice of Opposition, including U.S. Registration
`Nos. 1168276, 1989281, 1994479, 2060274, 2687012, 2742116, 2745442, 2876977, 3031210,
`3042834, 3053077, 3066516, 3397739, 3516346, 3576106, 3653169, 3709688, 3789682,
`3798045, 3900734, 3900782, 3979036, 4021852, 4077999, 4372869, 4599850, 4608677,
`4647933, 4690248, 4847020, 4936375 and 5004800, as well as U.S. Serial Nos. 87048310 and
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`87048301, and any form of the marks visually or phonetically similar thereto.
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION -2 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`B. INSTRUCTIONS
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`10. If you find the meaning of any term in these interrogatories to be unclear, then you
`should assume a reasonable meaning, state what the assumed meaning is, and answer the
`interrogatory on the basis of that assumed meaning. Alternatively, you may request clarification
`in time to answer these requests within thirty days of service.
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`11. In the event that the answer to any interrogatory is not within your knowledge, the
`answer should so indicate and should state who you believe has the information requested.
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`12. If any request cannot be fully answered, provide a response to the fullest extent
`possible, specifying in detail why the remainder of the question cannot be answered; and state
`what efforts were made and by whom to obtain the information or documents requested by the
`unanswered portions of the request.
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`13. When asked to “identify,” or to give the “identity” of a particular person, document,
`or communication, you shall identify the person, document, communication or thing with
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`sufficient specificity to enable the requesting party to discern:
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`(a) In the case of an individual, the full name and the last known residence or place or
`employment and telephone number;
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`(b) In the case of a company or other entity, the name, place of incorporation or
`organization, the principal place of business and telephone number;
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`() In the case of a document, whether or not privilege is claimed, the kind of document
`(e.g., letter, memorandum, email, etc.), the date of the document, the author or
`originator of the document, and the present location of the document; and
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`(d) In the case of mnon-written communication, the manner in which the
`communication was made (telephone, conversation, etc.), the identity of each
`person who participated in or witnessed the communication, the subject matter and
`content of the communication, and the date of the communication.
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`14. If you prefer, the original or master and all non-identical copies of the document
`may be supplied in lieu of identification of each, provided that you also supply a statement
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`specifying (a) the interrogatory number(s) to which the document is considered to be responsive,
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 3 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`(b) the date on which the original of the document was prepared to the extent not readily apparent
`from the document, and (c) the dates and manners of distribution or publication of the original or
`master and each non-identical copy of the document to the extent not readily apparent from the
`document.
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`15. When asked to “state the basis” of or for a particular claim, assertion, allegation, or
`contention, you shall provide a detailed written description of the factual and legal basis for the
`particular claim, assertion, allegation, or contention. The detailed written description should be of
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`sufficient specificity to enable the requesting party to discern:
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`(a) The identity of each and every document (and, where pertinent, the section, article
`or subparagraph thereof) which forms any part of the basis of your answer;
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`(b) The identity of each and every communication that forms any part of the basis of
`your answer;
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`() The acts or omissions on the part of any person (including the nature, time, and
`place, and identifying the persons involved in the acts) which form any part of the
`basis of your answer; and
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`(d) Any other fact that forms a basis of your answer.
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`16. The use of either the singular or the plural of a word should not be construed so as
`to exclude any information from any response, and thus the plural should include the singular, and
`the singular should include the plural, when necessary to prevent such exclusion. Likewise, “and”
`and “or,” when used separately, shall be construed as “and/or” as necessary to bring within the
`scope of any request that which otherwise would not be construed to be within the scope of the
`request.
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`17. If you redact any portion of any document that is produced in response to these
`requests, the redacted document should be clearly marked with the word “REDACTED” and the
`redacted portions should be clearly indicated.
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`18. If you withhold any information based on a claim of privilege, you shall set forth
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`in detail the privilege claimed and supporting information with sufficient specificity to enable the
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 4 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`requesting party to understand what you are claiming as privileged and to challenge the claim of
`privilege, if appropriate.
`19. These discovery requests are continuing and require supplementation pursuant to
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`Fed. R. Civ. P 26(e) through the completion of trial.
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`II. REQUESTS FOR ADMISSION
`ADMISSION No. 1.
`Admit that none of Opposer’s marks include the term “ranger.”
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`ANSWER:
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`ADMISSION No. 2.
`Admit that Opposer has never used the term “ranger” with any of Opposer’s marks.
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`ANSWER:
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`ADMISSION NoO. 3.
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`Admit that none of Opposer’s marks include the shield design as is shown in
`Applicant’s design marks, shown below:
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`ANSWER:
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`ADMISSION NO. 4.
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`Admit that the shield design in U.S. Registration No. 3979036, shown below, is
`different from the shield design in Applicant’s design mark, shown below.
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 5 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ANSWER:
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`ADMISSION No. 5.
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`Admit that the shield design in U.S. Registration No. 3979036, shown below, is
`different from the shield design in Applicant’s design mark, shown below.
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`ANSWER:
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`ADMISSION No. 6.
`Admit that none of Opposer’s marks include a design for any children in uniform.
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`ANSWER:
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`ADMISSION No. 7.
`Admit that none of Opposer’s marks include a U.S. map design.
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`ANSWER:
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`ADMISSION No. 8.
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`Admit that none of Opposer’s marks include the term “expedition.”
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`ANSWER:
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`LowE GRAHAM JONES...
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Sulte 4800
`ADMISSION - 6 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ADMISSION No. 9.
`Admit that none of Opposer’s marks include the term “journals.”
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`ANSWER:
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`ADMISSION No. 10.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Children’s activity books
`ANSWER:
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`ADMISSION No. 11.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Crayons
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`ANSWER:
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`ADMISSION No. 12.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Decals
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`ANSWER:
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`ADMISSION No. 13.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Markers
`ANSWER:
`LowE GRAHAM JONES...
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION -7 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ADMISSION No. 14.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Pencils
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`ANSWER:
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`ADMISSION No. 15.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Stickers
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`ANSWER:
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`ADMISSION No. 16.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Publications, namely, journals, newsletters and workbooks in the fields of
`national parks
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`ANSWER:
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`ADMISSION No. 17.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Providing information, news and commentary in the field of recreation and
`leisure activities
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`ANSWER:
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`ADMISSION No. 18.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Provision of information in the field of recreational activities, namely,
`national parks
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 8 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ANSWER:
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`ADMISSION No. 19.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Backpacks
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`ANSWER:
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`ADMISSION No. 20.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Hiking bags
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`ANSWER:
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`ADMISSION No. 21.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Sports bags
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`ANSWER:
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`ADMISSION NoO. 22.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Travel bags
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`ANSWER:
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`ADMISSION No. 23.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Lunchboxes
`LowE GRAHAM JONES...
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Sulte 4800
`ADMISSION -9 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ANSWER:
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`ADMISSION NoO. 24.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Hats
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`ANSWER:
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`ADMISSION No. 25.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Jackets
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`ANSWER:
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`ADMISSION NO. 26.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Shirts
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`ANSWER:
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`ADMISSION No. 27.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Stuffed dolls and animals
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`ANSWER:
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`ADMISSION No. 28.
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`Admit that none of the registrations or applications for Opposer’s marks are for use
`with the following goods or services:
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`Ornamental novelty badges
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 10 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ANSWER:
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`ADMISSION NO. 29.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Children’s activity books
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`ANSWER:
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`ADMISSION No. 30.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Crayons
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`ANSWER:
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`ADMISSION No. 31.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Decals
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`ANSWER:
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`ADMISSION No. 32.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Markers
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`ANSWER:
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`ADMISSION No. 33.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Pencils
`LowE GRAHAM JONES...
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 11 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`ANSWER:
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`ADMISSION No. 34.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Stickers
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`ANSWER:
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`ADMISSION No. 35.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Publications, namely, journals, newsletters and workbooks in the fields of
`national parks
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`ANSWER:
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`ADMISSION NoO. 36.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Providing information, news and commentary in the field of recreation and
`leisure activities
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`ANSWER:
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`ADMISSION No. 37.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Provision of information in the field of recreational activities, namely,
`national parks
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`ANSWER:
`
`ADMISSION No. 38.
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 12 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
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`Backpacks
`ANSWER:
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`ADMISSION No. 39.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Hiking bags
`ANSWER:
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`ADMISSION No. 40.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Sports bags
`ANSWER:
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`ADMISSION NoO. 41.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Travel bags
`ANSWER:
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`ADMISSION NO. 42.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Lunchboxes
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`ANSWER:
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`ADMISSION NO. 43.
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 13 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Hats
`ANSWER:
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`ADMISSION NO. 44.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Jackets
`ANSWER:
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`ADMISSION NO. 45.
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`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Shirts
`ANSWER:
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`ADMISSION NO. 46.
`
`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Stuffed dolls and animals
`ANSWER:
`
`ADMISSION NoO. 47.
`
`Admit that Opposer has never provided the following goods or services in
`association with Opposer’s marks:
`
`Ornamental novelty badges
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`ANSWER:
`
`ADMISSION NO. 48.
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`Lowe GRAHAM JONES...
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`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 14 Seattle, Washington 98104
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`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
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`Admit that to the extent that any of the registrations or applications for Opposer’s
`marks are for use with apparel, they are only for use with bicycling apparel.
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`ANSWER:
`
`ADMISSION NO. 49.
`
`Admit that to the extent that any of the registrations or applications for Opposer’s
`marks are for use with equipment, they are only for use with bicycling equipment.
`
`ANSWER:
`
`ADMISSION No. 50.
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`Admit that to the extent that any of the registrations or applications for Opposer’s
`marks are for use with bags, they are only for use with bicycling bags.
`
`ANSWER:
`
`ADMISSION No. 51.
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`Admit that to the extent that any of the registrations or applications for Opposer’s
`marks are for use with backpacks, they are only for use with bicycling backpacks.
`
`ANSWER:
`
`ADMISSION NoO. 52.
`
`Admit that U.S. Registration No. 2876977 for use with “orienteering equipment
`and clothing for outdoor sporting activities, namely protective outer wear” and
`“orienteering equipment and clothing for outdoor sporting activities, namely,
`leggings, pants, gators, shirts, and jackets” is for the mark TREKLITE.
`
`ANSWER:
`
`LowE GRAHAM JONES...
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 15 Seattle, Washington 98104
`
`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
`
`
`
`
`
`
`
`
`ADMISSION No. 53.
`
`Admit that U.S. Registration No. 3979036 for use with “Cycling apparel, namely,
`jerseys and shorts, hats, tshirts” is for the design mark shown below:
`
`ANSWER:
`
`ADMISSION NoO. 54.
`
`Admit that U.S. Registration No. 4690248 for use with “leather and imitation
`leather goods, namely, bags, backpacks, stuff bags in the nature of carry-all bags,
`luggage, sports bags; umbrellas; walking sticks; none of the aforesaid goods for use
`in bicycling”; “textiles and textile goods, namely, bed and table covers, namely,
`table cloths and table runners; bed blankets, bed linen; mosquito nets, towels;
`bedding, namely, duvets and quilts”; and “headgear, namely, hats, caps, balaclavas;
`clothing accessories, namely, belts and socks; articles of outer clothing, namely, ski
`masks; scarves; hoods; neck tubes; ear muffs; headbands; mittens; gloves; gaiters;
`money belts; clothing, namely, t-shirts, trousers, jackets, ponchos, coats, fleece
`sweaters, shorts, thermal t-shirts, thermal long johns, thermal sweaters, sweatshirts;
`but not including articles of clothing, gloves or headgear for use in bicycling” is for
`the mark TREKMATES.
`
`ANSWER:
`
`ADMISSION No. 55.
`
`Admit that Exhibit A is a screenshot from Opposer’s website, www.trekbikes.com,
`showing the category of bicycles manufactured and/or offered for sale by Opposer
`as of June 13, 2018.
`
`ANSWER:
`
`ADMISSION NO. 56.
`
`Lowe GRAHAM JONES...
`
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 16 Seattle, Washington 98104
`
`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
`
`
`
`
`
`
`
`
`Admit that Exhibit B is a screenshot from Opposer’s website, www.trekbikes.com,
`showing the accessories & components manufactured and/or offered for sale by
`Opposer as of June 13, 2018.
`
`ANSWER:
`
`ADMISSION No. 57.
`
`Admit that Exhibit C is a screenshot from Opposer’s website, www.trekbikes.com,
`showing the cycling apparel manufactured and/or offered for sale by Opposer as of
`June 13, 2018.
`
`ANSWER:
`
`ADMISSION No. 58.
`
`Admit that Exhibit D is a screenshot from Opposer’s website, www.trekbikes.com,
`showing the cycling brands manufactured and/or offered for sale by Opposer as of
`June 13, 2018.
`
`ANSWER:
`
`ADMISSION NoO. 59.
`
`Admit that Exhibit E is a screenshot from Opposer’s website, www.trekbikes.com,
`showing a part of the Heritage webpage of Opposer as of June 13, 2018.
`
`ANSWER:
`
`ADMISSION No. 60.
`
`Admit that Opposer is a bicycle and cycling product manufacturer and distributor.
`
`ANSWER:
`
`LowE GRAHAM JONES...
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 17 Seattle, Washington 98104
`
`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
`
`
`
`
`
`
`
`
`DATED June 13, 2018.
`s/ David A. Lowe, PTO Reg. No. 39,281
`Lowe@LoweGrahamJones.com
`LOWE GRAHAM JONESPHC
`701 Fifth Avenue, Suite 4800
`Seattle, WA 98104
`T: 206.381.3300
`F:206.381.3301
`
`Attorneys for Applicant
`
`Lowe GRAHAM JONES...
`
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Sulte 4800
`
`ADMISSION - 18 Seattle, Washington 98104
`
`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing
`APPLICANT’S FIRST SET OF REQUESTS FOR ADMISSION
`has been served as noted below on June 13, 2018 via email, pursuant
`to TBMP § 113:
`
`Mary Catherin Merz
`Jennifer A. Widmer
`
`MERZ & ASSOCIATES, P.C.
`1010 Lake Street, Suite 400
`Oak Park, IL 60301
`jwidmer@merz-law.com
`
`s/ David A. Lowe
`
`Lowe GRAHAM JONES...
`
`APPLICANT’S FIRST SET OF REQUESTS FOR 701 Fifth Avenue, Suite 4800
`ADMISSION - 19 Seattle, Washington 98104
`
`TREK-6-0001P03 RFA01 206.381.3300 « F: 206.381.3301
`
`
`
`
`
`
`
`
`EXHIBIT A
`
`
`
`
`
`
`
`
`TIREIK BIK EQUIPMENT APPAREL CLEARANCE STORES Q
`
`/ -
`
`SHOP BY MODEL Mountain y
`Cross country /
`
`Trail
`
`Downhill — 4
`Fat bikes /
`
`Iy Mtflc mounta/
`
`Road
`
`Electri
`P—— t lectric
`Cyclocross
`
`3
`
`Gravel
`
`Hybrid
`
`Wmuter
`
`-.-‘__
`l-"
`
`[ _..:lfiél‘hlon
`
`Adventure & touring
`
`
`
`
`
`
`
`
`
`EXHIBIT B
`
`
`
`
`
`
`
`
`¥ IREIC BIKES EQUIPMENT APPAREL CLEARANCE STORES Q & - ¥
`
`ACCESSORIES & Tires
`COMPONENTS
`Wheels
`
`Helmets
`
`Lights
`
`Saddles
`
`Computers & GPS
`Handlebars & accessories
`Handlebar grips & tape
`Brakes & levers
`
`Stems & seatposts
`
`Water bottles & cages
`Pedals
`
`Tubes & tubeless accessories
`Pumps
`
`Bags, baskets & panniers
`Racks, fenders & locks
`Mirrors, bells & horns
`Tools & maintenance
`Trainers & rollers
`
`Trailers
`
`Car racks
`
`Nutrition
`
`Kickstands
`
`Shop all accessories & components
`
`
`
`
`
`
`
`
`
`EXHIBIT C
`
`
`
`
`
`
`
`
`TiIREIK
`
`CYCLING APPAREL
`
`BIKES EQUIPMENT APPAREL
`
`Arm & leg warmers
`Baselayers
`Booties & toe covers
`Casual wear
`Cycling caps & headwear
`Gloves
`Helmets
`Jackets & vests
`Jerseys
`Shoes
`Shorts & bibs
`Socks
`Team wear
`Tights & pants
`
`T-Shirts
`
`Shop all apparel
`
`CLEARANCE
`
`STORES
`
`
`
`
`
`
`
`
`EXHIBIT D
`
`
`
`
`
`
`
`
`BIKES EQUIPMENT CLEARANCE STORES
`
`Our Brands
`
`Trek Bicycle Bontrager Electra
`
`Learn more Learn more Learn more
`
`Trek Factory Racing Trek Travel BCycle
`
`Learn more Learn more Learn more
`
`Mansion Hill DreamBikes
`
`Learn more Learn more
`
`
`
`
`
`
`
`
`EXHIBIT E
`
`
`
`
`
`
`
`
`BIKES EQUIPMENT APPAREL CLEARANCE STORES
`
`Relentless Progression
`
`il
`
`= A =T 11T WiE
`us to where w But w
`
`tand behind has led
`
`v
`
`(at]
`
`are toa
`
`[y
`
`rhe four decades following our inception have witnessed greater innovation than the love that we are proud to
`
`N1}
`e
`
`[y
`m
`[v1}
`=3
`= B
`
`5
`
`previous four hundred. Bicycles have not been immune to this explosion in know that ther
`
`= = [ + \
`IS SO mMuch more that w
`
`(%]
`w1
`
`technological advancement, and Trek has been at the forefront of the movement, today than ever before. And Trek is building a better world through this simple,
`continually challenging the limits of the bicycle's capability. Our commitment to elegant machine. Come rige with us
`
`relentless innovation while honoring our founding principles to build bikes people
`
`Raised on rocket Racing to make Warrantied for Loved the world
`science bikes better life over
`
`Read more () Read more (- Read more () Read more |
`
`SIGN ME UP!
`
`
`
`
`
`
`
`
`
`EXHIBIT 2
`
`
`
`
`
`
`
`
`TRADEMARKS
`Attorney Docket 24729
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of U.S. Application Serial Nos. 87/123,067,
`87/123,091 and 87/123,082
`
`For: RANGER TREK, RANGER TREK and Design, and RANGER TREK
`EXPEDITION JOURNALS and Design
`
`Filed: August 1, 2016
`
`Dates of Publication: December 20, 2016 and January 3, 2017
`
`TREK BICYCLE CORPORATION
`Opposer,
`
`Consolidated
`
`V. Opposition No. 91232164
`
`CHRISTINA ISAACS
`
`—_— — — — ~— ~— ~— ~— ~—
`
`Applicant.
`
`OPPOSER’S RESPONSES TO APPLICANT’'S FIRST SET
`OF REQUESTS FOR ADMISSION NOS. 1 - 60
`
`Opposer, Trek Bicycle Corporation (“Opposer”), hereby
`responds to Applicant’s First Set of Requests for Admission Nos.
`1 - 60. The following responses are made solely for the
`purposes of this action. Each response is subject to all
`objections as to relevance, materiality, and admissibility, and
`to any and all objections on any ground that would require
`exclusion of any response if it were introduced during the
`testimony period. No incidental or implied admissions are
`intended by these responses.
`
`The fact that Opposer has objected or responded to any
`request shall not be deemed an admission that Opposer accepts or
`
`admits the existence of any facts set forth or assumed by such
`
`
`
`
`
`
`
`
`In re Application Serial Nos. 87/123,067, 87/123,091 and 87/123,082
`For: RANGER TREK, RANGER TREK and Design, and RANGER TREK EXPEDITION JOURNALS and Design
`
`request or that such objection or response constitutes
`admissible evidence. The fact that Opposer has responded to part
`or all of any request is not intended to and shall not be
`construed to be a waiver by Opposer of any part of any objection
`to any request.
`
`These responses and objections are made on the basis of
`information and writings currently available to Opposer upon
`reasonable investigation. Opposer expressly reserves the right
`to modify, revise, supplement, or amend its responses as it
`deems appropriate, but not beyond the requirements imposed by
`the Federal Rules of Civil Procedure, the Federal Rules of
`Evidence and the rules of the Trademark Trial and Appeal Board.
`
`General Objections
`
`1. Opposer objects to the requests to the extent that they
`seek information that is protected from disclosure by the
`attorney-client privilege, the attorney work product doctrine,
`or any other recognized privilege.
`
`2. Opposer objects to the requests to the extent that they
`require Opposer to search for and produce documents or
`information that (a) are not within its possession, custody, or
`control, (b) are readily available from public sources, or (c)
`are available to Applicant by other less burdensome and less
`
`expensive means.
`
`
`
`
`
`
`
`
`In re Application Serial Nos. 87/123,067, 87/123,091 and 87/123,082
`For: RANGER TREK, RANGER TREK and Design, and RANGER TREK EXPEDITION JOURNALS and Design
`
`3. Opposer objects to the requests to the extent they
`seek legal conclusions and/or would require Opposer to reach a
`legal conclusion in order to respond.
`
`4. Opposer objects to the requests to the extent they are
`argumentative, prejudicial, improper, incorrect, vague,
`ambiguous, or require Opposer to speculate.
`
`5. Opposer objects to the requests to the extent they are
`not reasonably calculated to lead to the discovery of admissible
`evidence.
`
`6. Opposer objects to the definitions to the extent that
`they are inconsistent with the ordinary English language meaning
`of the terms purportedly defined, are vague and ambiguous, and
`assume facts not in evidence.
`
`7. Opposer objects to each admission request to the
`extent that it seeks information that is or includes
`confidential, business proprietary information, trade secrets or
`other confidential research, development, financial or
`commercial information of Opposer. No such confidential
`information will be produced until an appropriate protective
`order is in place in this action.
`
`Responses
`
`Request No. 1: Admit that none of Opposer's marks include the
`term "ranger."
`
`
`
`
`
`
`
`
`
`In re Application Serial Nos. 87/123,067, 87/123,091 and 87/123,082
`For: RANGER TREK, RANGER TREK and Design, and RANGER TREK EXPEDITION JOURNALS and Design
`
`Response No. 1:
`
`After making reasonable inquiry, Opposer lacks sufficient
`information or knowledge at this time to admit or deny this
`Request, and therefore denies the same; Opposer further
`clarifies that its investigation is ongoing.
`
`Request No. 2: Admit that Opposer has never used the term
`"ranger" with any of Opposer's marks.
`
`Response No. 2:
`
`After making reasonable inquiry, Opposer lacks sufficient
`information or knowledge at this time to admit or deny this
`Request, and therefore denies the same; Opposer further
`clarifies that its investigation is ongoing.
`
`Request No. 3: Admit that none of Opposer's marks include the
`shield design as 1s shown in Applicant's design marks, shown
`below:
`
`Response No. 3:
`
`Opposer admits this request to the extent that Opposer’s marks
`do not include the identical shield design as shown in
`Applicant’s design marks, above.
`
`Request No. 4: Admit that the shi