Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1012390
`10/30/2019
`
`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
`
`Marvel Characters, Inc.
`
`Granted to Date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`11/06/2019
`
`500 SOUTH BUENA VISTA STREET
`BURBANK, CA 91521
`UNITED STATES
`
`LINDA K. MCLEOD
`KELLY IP, LLP
`1300 19TH STREET, NW, SUITE 300
`WASHINGTON, DC 20036
`UNITED STATES
`linda.mcleod@kelly-ip.com, sara.parker@kelly-ip.com, lit-docket-
`ing@kelly-ip.com
`no phone number provided
`
`Applicant Information
`
`Application No
`
`88336414
`
`Publication date
`
`07/09/2019
`
`Opposition Filing
`Date
`
`Applicant
`
`10/30/2019
`
`Opposition Peri-
`od Ends
`
`11/06/2019
`
`Schrader, Kristine Marvel
`3912 Wightman St.
`San Diego, CA 92105
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: Professional coaching services in the field
`of personal empowerment and human connection
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`False suggestion of a connection with persons,
`living or dead, institutions, beliefs, or national
`symbols, or brings them into contempt, or disrep-
`ute
`
`Trademark Act Sections 2 and 43(c)
`
`Trademark Act Section 2(a)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`1741813
`
`Registration Date
`
`12/22/1992
`
`Application Date
`
`10/17/1991
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`MARVEL
`
`NONE
`
`Class 041. First use: First Use: 1966/00/00 First Use In Commerce: 1966/00/00
`entertainment services; namely, live performance exhibitions featuring cos-
`tumedcharacters for parties, conventions, educational and promotional purposes
`and special events; live performance theatrical exhibitions featuring costumed
`characters; television programming featuring exhibition of films and video tapes [
`; movie theatre services; namely, the exhibition of films and video tapes in
`theatres ]
`
`U.S. Registration
`No.
`
`2276421
`
`Registration Date
`
`09/07/1999
`
`Application Date
`
`05/05/1997
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MARVEL SUPER HERO ISLAND
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 1999/04/01 First Use In Commerce: 1999/04/01
`amusement park services
`
`U.S. Registration
`No.
`
`3602028
`
`Registration Date
`
`04/07/2009
`
`Word Mark
`
`Design Mark
`
`MARVEL
`
`Application Date
`
`08/28/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`

`

`Goods/Services
`
`Class 041. First use: First Use: 1991/10/17 First Use In Commerce: 1991/10/17
`ENTERTAINMENT SERVICES IN THE FIELD OF FILM AND TELEVISION,
`NAMELY, THE PRODUCTION AND DISTRIBUTION OF MOTION PICTURE
`FILMS, ANIMATED MOVIES, TELEVISION PROGRAMS AND CREATION,
`PRODUCTION AND DISTRIBUTION OF COMPUTER GENERATED IMAGES
`FOR MOTION PICTURE FILMS, ANIMATED MOVIES, VIDEOS, ANIMATED
`VIDEOS, TELEVISION PROGRAMS; ANIMATION PRODUCTION SERVICES;
`PROVIDING TELEVISION AND MOTION PICTURE AUDIO AND VISUAL SPE-
`CIAL EFFECTS ANIMATION SERVICES FOR FILM, VIDEO AND TELEVI-
`SION; FILM STUDIOS SERVICES, NAMELY, PRE-PRODUCTION, AND
`POST-PRODUCTION FOR MOTION PICTURES, VIDEOS, ANIMATION AND
`TELEVISION PROGRAMS; PRODUCTION OF SOUND RECORD-
`INGS;PROVIDING ON-LINE INTERACTIVE COMPUTER GAME SOFTWARE
`OVER AN ELECTRONIC NETWORKTHAT MAY BE ACCESSED NETWORK-
`WIDE BY NETWORK USERS; PROVIDING ONLINE COMPUTER GAMES;
`PROVIDING WEBSITES IN THE FIELD OFENTERTAINMENT RELATING TO
`COMIC BOOKS, MOTION PICTURE FILMS, ANIMATED TELEVISION PRO-
`GRAMS AND VIDEO GAMES; PROVIDING NEWS AND INFORMATION IN
`THE FIELD OF ENTERTAINMENT RELATING TO COMIC BOOKS, MOTION-
`PICTURE FILMS, ANIMATED TELEVISION PROGRAMS AND VIDEO GAMES
`OVER AN ELECTRONIC NETWORK; AMUSEMENT PARK AND THEME
`PARK SERVICES; EDUCATIONAL SERVICES, NAMELY, DEVELOPING, AR-
`RANGING AND CONDUCTING EDUCATIONAL SEMINARS AND PROGRAMS
`IN THE FIELD OF COMIC BOOKS
`
`U.S. Registration
`No.
`
`4448343
`
`Registration Date
`
`12/10/2013
`
`Word Mark
`
`Design Mark
`
`MARVEL XP
`
`Application Date
`
`01/25/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2012/07/31 First Use In Commerce: 2012/07/31
`Entertainment services, namely, online enhancements for computer games;
`providing information relating to computer games and game enhancements via
`global computer networks and electronic communication networks for use in
`connection with computers, mobile computers, media players, cellular phones,
`wireless devices and portable and handheld digital electronicdevices; providing
`an online entertainment information service featuring information regarding com-
`puter games, enhancements for computer games, online games, and game ap-
`plications via global computernetworks and electronic communication networks
`for use in connection with computers, mobile computers, media players, cellular
`phones, wireless devices and portable and handheld digital electronic devices
`
`U.S. Registration
`
`4479928
`
`Application Date
`
`12/21/2012
`
`

`

`No.
`
`Registration Date
`
`02/11/2014
`
`Word Mark
`
`Design Mark
`
`MARVEL UNLIMITED
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2013/03/07 First Use In Commerce: 2013/03/07
`Entertainment services, namely, providing a website featuring non-
`downloadable electronic publications in the nature ofcomic books and comic
`magazines and stories; online publication of comic books,comic magazines and
`stories
`
`U.S. Registration
`No.
`
`4082486
`
`Registration Date
`
`01/10/2012
`
`Word Mark
`
`Design Mark
`
`MS. MARVEL
`
`Application Date
`
`01/28/2011
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2007/11/13 First Use In Commerce: 2007/11/13
`ENTERTAINMENT SERVICES, NAMELY, PROVIDING ONLINE NON-
`DOWNLOADABLE COMIC BOOKS AND GRAPHIC NOVELS FEATURING
`FICTIONAL ACTION ADVENTURE STORIES AND CHARACTERS
`
`U.S. Registration
`No.
`
`4529107
`
`Registration Date
`
`05/13/2014
`
`Word Mark
`
`MARVEL U UNLIMITED
`
`Application Date
`
`09/17/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of a stylized letter "U" which is enclosed in an irregular poly-
`gon, with the stylized word "MARVEL" above and the stylized word "UNLIM-
`ITED" below.
`
`Class 041. First use: First Use: 2013/03/07 First Use In Commerce: 2013/03/07
`Entertainment services, namely, providing a website featuring non-
`downloadable electronic publications in the nature ofcomic books and comic
`magazines and stories; online publication of comic books,comic magazines and
`stories
`
`U.S. Registration
`No.
`
`4707046
`
`Registration Date
`
`03/24/2015
`
`Application Date
`
`05/30/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`MARVEL AGENTS OF S.H.I.E.L.D.
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the stylized word "MARVEL" in a shaded rectangle
`centered above the wording "AGENTS OF S.H.I.E.L.D." all inside a circular
`shape. Inside the circular shape is an eagle outline with the wings and tail of the
`eagle stretching towards the outline of the circular shape.
`
`Class 041. First use: First Use: 2013/09/24 First Use In Commerce: 2013/09/24
`Entertainment services, namely, a continuing live action series delivered over
`television and via internet; providing entertainment services via a global commu-
`nication network in the nature of a website featuring entertainment information
`relating to a television series
`
`U.S. Registration
`No.
`
`4935223
`
`Registration Date
`
`04/12/2016
`
`Word Mark
`
`Design Mark
`
`MARVEL KIDS.COM
`
`Application Date
`
`04/16/2015
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2008/01/03 First Use In Commerce: 2008/01/03
`Computer services, namely, providing online information and electronic interact-
`ive and non-interactive comics, games, news, animation and videos, all non-
`downloadable and in the field of comics
`
`

`

`U.S. Registration
`No.
`
`5525069
`
`Registration Date
`
`07/24/2018
`
`Application Date
`
`11/08/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MARVEL THE DEFENDERS
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2017/08/22 First Use In Commerce: 2017/08/22
`Entertainment services, namely, television programs featuring comic-book char-
`acters with superhuman powers; providing entertainment information and news
`via a website in the field of comic books and comic-book characters with super-
`human powers
`
`U.S. Application
`No.
`
`86754294
`
`Application Date
`
`09/11/2015
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MARVEL UNITED
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Provision of entertainment news and entertainment information via communica-
`tionand computer networks; providing onlineentertainment, namely, non-
`downloadablecomic books and graphic novels; providing entertainment services
`via a global communication network in the nature of online electronic and com-
`puter games and websites featuring a wide variety of general interest entertain-
`ment information relating to motion picture films, television show programs, mu-
`sical videos and related non-downloadable film clips, non-downloadable photo-
`graphs, and other multimedia entertainment content; amusement park and
`theme park services; educationaland entertainment services rendered in or re-
`lating to theme parks, namely, livestage shows, live amusement park shows,live
`performances by costumed characters, and presentation of live theatrical per-
`
`

`

`formances; presentation of live stage shows; presentation of live show perform-
`ances; entertainer services, namely, live appearances by a professional enter-
`tainer
`
`U.S. Registration
`No.
`
`5656712
`
`Registration Date
`
`01/15/2019
`
`Word Mark
`
`Design Mark
`
`MARVEL HQ
`
`Application Date
`
`06/07/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2017/10/31 First Use In Commerce: 2017/10/31
`Entertainment services, namely, providing a website featuring entertainment
`news and information, non-downloadable comics, non-downloadable videos fea-
`turing animation, activities in the nature of games, non-downloadable videos,
`and non-downloadable interactive games, video games, and electronic games,
`all in the fieldof comics
`
`U.S. Registration
`No.
`
`5686983
`
`Registration Date
`
`02/26/2019
`
`Word Mark
`
`Design Mark
`
`MARVEL RUNAWAYS
`
`Application Date
`
`08/16/2017
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2017/11/21 First Use In Commerce: 2017/11/21
`Development, creation, production, and distribution of digital multimedia and au-
`dio and visual content, namely, television programs, and multimedia entertain-
`ment content; development, creation, production, and distribution of audio and
`visual recordings; production of entertainment shows and interactive programs
`for distribution via audio and visual media, and electronic means; provision of
`entertainment news and entertainment information via electronic communication
`
`

`

`networks; providing websites featuring a wide variety of general interest enter-
`tainmentinformation relating to television programs, film clips, photographs, and
`othermultimedia materials; all of the foregoing related to a television series fea-
`turing a group of characters with powers
`
`U.S. Registration
`No.
`
`5875149
`
`Registration Date
`
`10/01/2019
`
`Word Mark
`
`Design Mark
`
`CAPTAIN MARVEL
`
`Application Date
`
`04/25/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2019/03/01 First Use In Commerce: 2019/03/01
`Development, creation, production, and distribution of digital multimedia and au-
`dio and visual content, namely, motion picture films; development, creation, pro-
`duction, distribution, and rental of audio and visual recordings; production ofen-
`tertainment shows for distribution via audio and visual media, and electron-
`icmeans; production and provision of entertainment information via electronic
`communication networks; providing online computer games, websites and ap-
`plications featuring a wide variety of general interest entertainment information
`relating to motion picture films, film clips, photographs, and other multimedia
`materials; entertainment services, namely, providing online non-downloadable
`comic books and graphic novels
`
`U.S. Application
`No.
`
`87461398
`
`Application Date
`
`05/23/2017
`
`Registration Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MARVEL RISING
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`NONE
`
`Goods/Services
`
`Class 041. First use: First Use: 2018/08/13 First Use In Commerce: 2018/08/13
`
`

`

`Development, creation, production, and distribution of digital multimedia and au-
`dio and visual content, namely, television programs, and multimedia entertain-
`ment content; development, creation, production, distribution of audio record-
`ings;provision of entertainment news and entertainment information via electron-
`ic communication networks; providing online computer games; providing web-
`sites featuring a wide variety of general interest entertainment information relat-
`ing to television programs, and other multimedia materials; entertainment ser-
`vices, namely, providing online non-downloadable comic books and graphic nov-
`els
`
`U.S. Application
`No.
`
`88294095
`
`Application Date
`
`02/08/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`MARVEL'S TIGRA & DAZZLER
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Development, creation, production, and distribution of digital multimedia and au-
`dio and visual content, namely, motion picture films, television programs, and
`multimedia entertainment and educationalcontent; development, creation, pro-
`duction, distribution, and rental of audio and visual recordings; production of en-
`tertainment shows and interactive programsfor distribution via audio and visual
`media, and electronic means; production and provision of entertainment news
`and entertainment information via electronic communication networks; providing
`onlinecomputer games, websites and applications featuring a wide variety of
`general interest entertainment information relating to motion picture films, televi-
`sion programs, musical videos, film clips, photographs, and other multimedia
`materials; entertainment services, namely, providing online non-downloadable
`comic books and graphic novels; amusement park and theme park services;
`educational and entertainment services rendered in or relating to theme parks,
`namely, live stage shows, live amusement park shows, live performances by
`costumed characters, and production and presentation of live theatrical perform-
`ances; production and presentation of live shows; theater productions; entertain-
`er services, namely, live appearances by a professional entertainer
`
`U.S. Application
`No.
`
`88294143
`
`Application Date
`
`02/08/2019
`
`Registration Date
`
`NONE
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`MARVEL'S TIGRA & DAZZLER SHOW
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 0 First Use In Commerce: 0
`Development, creation, production, and distribution of digital multimedia and au-
`dio and visual content, namely, motion picture films, television programs, and
`multimedia entertainment and educationalcontent; development, creation, pro-
`duction, distribution, and rental of audio and visual recordings; production of en-
`tertainment shows and interactive programsfor distribution via audio and visual
`media, and electronic means; production and provision of entertainment news
`and entertainment information via electronic communication networks; providing
`onlinecomputer games, websites and applications featuring a wide variety of
`general interest entertainment information relating to motion picture films, televi-
`sion programs, musical videos, film clips, photographs, and other multimedia
`materials; entertainment services, namely, providing online non-downloadable
`comic books and graphic novels; amusement park and theme park services;
`educational and entertainment services rendered in or relating to theme parks,
`namely, live stage shows, live amusement park shows, live performances by
`costumed characters, and production and presentation of live theatrical perform-
`ances; production and presentation of live shows; theater productions; entertain-
`er services, namely, live appearances by a professional entertainer
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`Application Date
`
`NONE
`
`NONE
`
`MARVEL
`
`entertainment services; films; television shows; comic books;
`magazines; educational services; arranging and conducting seminars
`and programs; providing information and instructional videos via elec-
`tronic communication networks; apparel; headwear; footwear; jackets;
`gloves; costumes; lingerie; eyewear; linens; towels; clocks; watches;
`jewelry; toys; bags; trading cards; stationery; calendars; school sup-
`plies; sporting goods; food and beverages; interactive and online
`games; computer games; computer game software; video games;
`music; theme parks; mobile applications.
`
`U.S. Application/ Registra-
`tion No.
`
`Registration Date
`
`Word Mark
`
`Goods/Services
`
`NONE
`
`NONE
`
`Application Date
`
`NONE
`
`THE MARVEL METHOD
`
`educational services
`
`Attachments
`
`75286900#TMSN.png( bytes )
`
`

`

`77557582#TMSN.png( bytes )
`85524805#TMSN.png( bytes )
`85809648#TMSN.png( bytes )
`85229135#TMSN.png( bytes )
`86067110#TMSN.png( bytes )
`86296741#TMSN.png( bytes )
`86600473#TMSN.png( bytes )
`86114416#TMSN.png( bytes )
`86754294#TMSN.png( bytes )
`87478842#TMSN.png( bytes )
`87572092#TMSN.png( bytes )
`87893658#TMSN.png( bytes )
`87461398#TMSN.png( bytes )
`88294095#TMSN.png( bytes )
`88294143#TMSN.png( bytes )
`THE MARVEL METHOD - Notice of Opposition.pdf(617402 bytes )
`
`Signature
`
`/Linda K. McLeod/
`
`Name
`
`Date
`
`LINDA K. MCLEOD
`
`10/30/2019
`
`

`

`
`MARVEL CHARACTERS, INC.,
`
`
`Opposer,
`
`
`
`v.
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Opposition No. __________
`
`
`THE MARVEL METHOD
`Mark:
`Serial No.: 88336414
`Filed:
`March 12, 2019
`
`
`
`
`KRISTINE MARVEL SCHRADER,
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`
`
`
`
`
`
`
`Opposer, Marvel Characters, Inc., a corporation of the State of Delaware,
`
`having a principal place of business at 500 South Buena Vista Street, Burbank,
`
`California, 91521, believes that it is being and will be damaged by Kristine Marvel
`
`Schrader’s (“Applicant”) registration of the mark shown in U.S. Application No.
`
`88336414 and hereby opposes the same. As grounds for its opposition, Marvel alleges
`
`that, upon actual knowledge with respect to itself and its own acts, and upon
`
`information and belief as to other matters:
`
`Opposer and its Business
`
`Marvel Characters, Inc., by and through its predecessors-in-interest and
`
`1.
`
`related companies (collectively, “Opposer” or “Marvel”), is one of the world’s most
`
`prominent character-based entertainment companies, with a library of more than 8,000
`
`characters featured in a variety of media for more than seventy-five years.
`
`

`

`2.
`
`Opposer’s characters include the well-known and famous characters
`
`SPIDER-MAN, IRON MAN, X-MEN, CAPTAIN AMERICA, FANTASTIC FOUR,
`
`WOLVERINE, AVENGERS, and THE INCREDIBLE HULK, just to name a few.
`
`3.
`
`For many years, Opposer has engaged in a vast licensing program under
`
`its MARVEL trade name and mark, including the licensing of its characters and
`
`character names in connection with a wide variety of products and services including,
`
`but not limited to, entertainment services, television programs, motion picture films,
`
`comic books, apparel, headwear, footwear, jackets, gloves, costumes, lingerie,
`
`eyewear, linens, towels, clocks, watches, jewelry, toys, bags, trading cards, stationery,
`
`calendars, school supplies, sporting goods, food and beverages, interactive and online
`
`games, computer games, computer game software, video games, music, theme parks,
`
`and/or mobile applications.
`
`4.
`
`Moreover, for decades, Marvel Characters, Inc., has used and been
`
`known by the shortened trade name—MARVEL.
`
`Opposer’s Common Law Rights in its MARVEL Trade Name and Mark
`and THE MARVEL METHOD Mark
`
`5.
`
`Since at least 1939, Opposer has used the MARVEL mark in commerce in
`
`connection with comic books and magazines that feature a variety of characters,
`
`including CAPTAIN AMERICA, HULK, SPIDER-MAN, IRON MAN, X-MEN, and many
`
`others.
`
`6.
`
`Over the years, Opposer has expanded its use of the MARVEL mark from
`
`comic books, magazines, and other print materials to entertainment services such as
`
`movies and television shows featuring the MARVEL mark and characters, including
`
`
`
`2
`
`

`

`Captain America (1990), X-Men (2000), Spider-Man (2002), Hulk (2003), The Punisher
`
`(2004), Elektra (2005), Fantastic Four: Rise of the Silver Surfer (2007), Iron Man (2008),
`
`The Incredible Hulk (2008), Thor (2010), The Avengers (2012), The Wolverine (2013),
`
`Black Panther (2018), Captain Marvel (2019) and many others.
`
`7.
`
`Opposer, since long before the filing date of the opposed application and
`
`any date of use that may be alleged or proven by Applicant, has been using its
`
`MARVEL mark in commerce in connection with a wide variety of entertainment services
`
`and educational services, including arranging and conducting seminars and programs
`
`and providing information and instructional videos via electronic communication
`
`networks, as shown in the screenshots below:
`
`
`
`
`
`
`
`3
`
`

`

`I»:
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`than. His
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`Best of: Women of Marvel Panel @ SDCC 201 9
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`
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`MARVEL NEWS ‘3
`
`
`
`
`
`(—
`
`C
`
`a mawelxom armies
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`(R) 511mm 1 mm
`
`VIIIEDS
`
`CHARACTERS
`
`COMICS
`
`HBVIES
`
`TV SHE'S
`
`GAMES
`
`"Eli
`
`
`
`4
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`

`

`
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`
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`8.
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`Further, Opposer’s MARVEL trade name and mark have for many years
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`received extensive unsolicited media attention nationwide, including but not limited to
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`appearing in the following major U.S. publications: The New York Times, Chicago
`
`Tribune, The Washington Post, Wall Street Journal, The Los Angeles Times, USA
`
`Today, The San Francisco Chronicle, The Boston Globe, The Miami Herald, The
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`Houston Chronicle, and The Dallas Morning News.
`
`9.
`
`Through its long use of Opposer’s MARVEL trade name and mark, great
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`commercial success under that name and mark, substantial advertising and promotion
`
`under that mark, and extensive unsolicited media attention and publicity under that
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`name and mark, Opposer has developed valuable goodwill in its MARVEL trade name
`
`and mark, and they have long been famous.
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`10. Additionally, Opposer, since long before the filing date of the opposed
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`application and any date of use that may be alleged or proven by Applicant, has been
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`using the mark THE MARVEL METHOD (“Opposer’s THE MARVEL METHOD Mark”) in
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`
`
`5
`
`

`

`connection with educational services related to the writing and creative techniques for
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`Marvel’s comic books, as shown below.
`
`
`
`
`
`Opposer’s Prior Federal Registrations and Application for
`its Famous MARVEL Name and Mark
`
`In addition to its longstanding common law rights, Opposer owns the
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`11.
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`following valid and subsisting United States trademark registrations and prior pending
`
`application for its MARVEL and MARVEL-formative marks, among others:
`
`Mark
`MARVEL
`
`Status
`Renewed
`
`1741813
`
`December
`22, 1992
`
`Goods and/or Services
`Entertainment services; namely, live
`performance exhibitions featuring costumed
`characters for parties, conventions, educational
`and promotional purposes and special events;
`live performance theatrical exhibitions featuring
`costumed characters; television programming
`featuring exhibition of films and video tapes
`
`First Use: 1966
`
`
`
`
`6
`
`

`

`Mark
`
`Status
`
`MARVEL SUPER
`HERO ISLAND
`
`Renewed
`
`2276421
`
`September
`7, 1999
`
`Goods and/or Services
`Incontestable
`
`Amusement park services
`
`First Use: April 1, 1999
`
`Incontestable
`
`MARVEL
`
`MARVEL XP
`
`April 7,
`2009
`
`
`
`Renewed
`
`3602028
`
`Entertainment services in the field of film and
`television, namely, the production and
`distribution of motion picture films, animated
`movies, television programs and creation,
`production and distribution of computer
`generated images for motion picture films,
`animated movies, videos, animated videos,
`television programs; animation production
`services; providing television and motion picture
`audio and visual special effects animation
`services for film, video and television; film
`studios services, namely, pre-production, and
`post-production for motion pictures, videos,
`animation and television programs; production
`of sound recordings; providing on-line
`interactive computer game software over an
`electronic network that may be accessed
`network-wide by network users; providing
`online computer games; providing websites in
`the field of entertainment relating to comic
`books, motion picture films, animated television
`programs and video games; providing news
`and information in the field of entertainment
`relating to comic books, motion picture films,
`animated television programs and video games
`over an electronic network; amusement park
`and theme park services; educational services,
`namely, developing, arranging and conducting
`educational seminars and programs in the field
`of comic books
`
`First Use: October 17, 1991
`
`Incontestable
`Registered Entertainment services, namely, online
`enhancements for computer games; providing
`information relating to computer games and
`
`
`
`7
`
`

`

`Mark
`
`Status
`4448343
`
`December
`10, 2013
`
`MARVEL
`UNLIMITED
`
`Registered
`
`4479928
`
`February
`11, 2014
`
`MS. MARVEL
`
`Registered
`
`4082486
`
`January 10,
`2012
`
`Goods and/or Services
`game enhancements via global computer
`networks and electronic communication
`networks for use in connection with computers,
`mobile computers, media players, cellular
`phones, wireless devices and portable and
`handheld digital electronic devices; providing an
`online entertainment information service
`featuring information regarding computer
`games, enhancements for computer games,
`online games, and game applications via global
`computer networks and electronic
`communication networks for use in connection
`with computers, mobile computers, media
`players, cellular phones, wireless devices and
`portable and handheld digital electronic devices
`
`First Use: July 31, 2012
`
`Entertainment services, namely, providing a
`website featuring non-downloadable electronic
`publications in the nature of comic books and
`comic magazines and stories; online publication
`of comic books, comic magazines and stories
`
`First Use: March 7, 2013
`
`Entertainment services, namely, providing
`online non-downloadable comic books and
`graphic novels featuring fictional action
`adventure stories and characters
`
`First Use: November 13, 2007
`
`Incontestable
`
`
`
`8
`
`

`

`Mark
`
`Status
`Registered
`
`4529107
`
`May 13,
`2014
`
`
`
`Goods and/or Services
`Entertainment services, namely, providing a
`website featuring non-downloadable electronic
`publications in the nature of comic books and
`comic magazines and stories; online publication
`of comic books, comic magazines and stories.
`
`First Use: March 7, 2013
`
`MARVEL U
`UNLIMITED
`
`
`
`
`
`Registered
`
`4707046
`
`March 24,
`2015
`
`Entertainment services, namely, a continuing
`live action series delivered over television and
`via internet; providing entertainment services
`via a global communication network in the
`nature of a website featuring entertainment
`information relating to a television series
`
`First Use: September 24, 2013
`
`MARVEL AGENTS
`OF S.H.I.E.L.D.
`
`MARVEL
`KIDS.COM
`
`MARVEL THE
`DEFENDERS
`
`Registered
`
`4935223
`
`April 12,
`2016
`
`Registered
`
`5525069
`
`July 24,
`2018
`
`MARVEL UNITED
`
`Allowed
`
`Computer services, namely, providing online
`information and electronic interactive and non-
`interactive comics, games, news, animation and
`videos, all non-downloadable and in the field of
`comics
`
`First Use: January 3, 2008
`
`Entertainment services, namely, television
`programs featuring comic-book characters with
`superhuman powers; providing entertainment
`information and news via a website in the field
`of comic books and comic-book characters with
`superhuman powers
`
`First Use: August 22, 2017
`
`Provision of entertainment news and
`entertainment information via communication
`
`
`
`9
`
`

`

`Mark
`
`Status
`86754294
`
`September
`11, 2015
`
`MARVEL HQ
`
`Registered
`
`5656712
`
`January 15,
`2019
`
`Registered
`
`5686983
`
`February
`26, 2019
`
`MARVEL
`RUNAWAYS
`
`Goods and/or Services
`and computer networks; providing online
`entertainment, namely, non-downloadable
`comic books and graphic novels; providing
`entertainment services via a global
`communication network in the nature of online
`electronic and computer games and websites
`featuring a wide variety of general interest
`entertainment information relating to motion
`picture films, television show programs, musical
`videos and related non-downloadable film clips,
`non-downloadable photographs, and other
`multimedia entertainment content; amusement
`park and theme park services; educational and
`entertainment services rendered in or relating to
`theme parks, namely, live stage shows, live
`amusement park shows, live performances by
`costumed characters, and presentation of live
`theatrical performances; presentation of live
`stage shows; presentation of live show
`performances; entertainer services, namely, live
`appearances by a professional entertainer
`
`Intent-to-Use
`
`Entertainment services, namely, providing a
`website featuring entertainment news and
`information, non-downloadable comics, non-
`downloadable videos featuring animation,
`activities in the nature of games, non-
`downloadable videos, and non-downloadable
`interactive games, video games, and electronic
`games, all in the field of comics
`
`First Use: October 31, 2017
`
`Development, creation, production, and
`distribution of digital multimedia and audio and
`visual content, namely, television programs,
`and multimedia entertainment content;
`development, creation, production, and
`distribution of audio and visual recordings;
`production of entertainment shows and
`interactive programs for distribution via audio
`and visual media, and electronic means;
`
`
`
`10
`
`

`

`Mark
`
`Status
`
`CAPTAIN MARVEL Registered
`
`5875149
`
`October 1,
`2019
`
`MARVEL RISING
`
`Allowed –
`Statement
`of Use filed
`
`87461398
`
`May 23,
`2017
`
`Goods and/or Services
`provision of entertainment news and
`entertainment information via electronic
`communication networks; providing websites
`featuring a wide variety of general interest
`entertainment information relating to television
`programs, film clips, photographs, and other
`multimedia materials; all of the foregoing
`related to a television series featuring a group
`of characters with powers
`
`First Use: November 21, 2017
`
`Development, creation, production, and
`distribution of digital multimedia and audio and
`visual content, namely, motion picture films;
`development, creation, production, distribution,
`and rental of audio and visual recordings;
`production of entertainment shows for
`distribution via audio and visual media, and
`electronic means; production and provision of
`entertainment information via electronic
`communication networks; providing online
`computer games, websites and applications
`featuring a wide variety of general interest
`entertainment information relating to motion
`picture films, film clips, photographs, and other
`multimedia materials; entertainment services,
`namely, providing online non-downloadable
`comic books and graphic novels
`
`First Use: March 1, 2019
`
`Development, creation, production, and
`distribution of digital multimedia and audio and
`visual content, namely, television programs,
`and multimedia entertainment content;
`development, creation, production, distribution
`of audio recordings; provision of entertainment
`news and entertainment information via
`electronic communication networks; providing
`online computer games; providing websites
`featuring a wide variety of general interest
`entertainment information relating to television
`programs, and other multimedia materials;
`
`
`
`11
`
`

`

`Mark
`
`Status
`
`MARVEL'S TIGRA
`& DA