`ESTTA1079210
`09/02/2020
`
`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
`
`Mr. Jeff Morris
`
`09/02/2020
`
`2655 FIRST ST. #250
`SIMI VALLEY, CA 93065
`UNITED STATES
`
`SHAWN WHITE
`LAW OFFICE OF STEPHANIE WHITE
`2655 FIRST ST. STE. 250
`SIMI VALLEY, CA 93065
`UNITED STATES
`Primary Email: shawn@805lawyer.com
`Secondary Email(s): swlawfirm@gmail.com
`805-322-7270
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`88662828
`
`Publication date
`
`05/05/2020
`
`Opposition Filing
`Date
`
`Applicant
`
`09/02/2020
`
`Opposition Peri-
`od Ends
`
`09/02/2020
`
`Big Sky Ranch Company LLC
`9301 WILSHIRE BLVD. SUITE 315
`BEVERLY HILLS, CA 90210
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 041. First Use: 1960/00/00 First Use In Commerce: 1960/00/00
`All goods and services in the class are opposed, namely: Film location services, namely, providing fa-
`cilities for producing video, cinema and photography productions; providingfacilities for use for film-
`ing; providing location for filming; media production location services for entertainment filming pur-
`poses, namely, providing facilities for producing video, cinema and photography productions
`
`Grounds for Opposition
`
`The mark is merely descriptive
`
`Trademark Act Section 2(e)(1)
`
`The mark is deceptively misdescriptive
`
`Trademark Act Section 2(e)(1)
`
`
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`Attachments
`
`noticeofopptofile.pdf(1084324 bytes )
`
`Signature
`
`/Shawn White/
`
`Name
`
`Date
`
`SHAWN WHITE
`
`09/02/2020
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
` Serial No. 88662828
`
` For the Mark: BIG SKY MOVIE RANCH
` Publication Date: 5/5/2020
` Filing Date: 10/21/2019
`
`
`
`
`Opposer,
`
`JEFF MORRIS
`
`
`
`
`
`BIG SKY RANCH COMPANY, LLC,
`
`
`
` vs.
`
`
`
`Applicant.
`
`
`
`Jeff Morris (“Opposer”), an individual with a principal place of business in Simi Valley,
`CA will be damaged by the issuance of a registration for the trademark shown in Application Serial
`No. 88662828 and hereby opposes the same.
`
`
`As grounds for his opposition, Jeff Morris alleges as follows, with knowledge concerning
`
`its own acts, and on information and belief as to all other matters:
`
`FACTS
`Opposer is a professional location scout for the motion picture industry. He had worked
`with the Applicant for over a decade. In that time the Opposer raised numerous concerns with
`Applicant that Applicant was not complying with zoning laws, licensing requirements, and safety
`codes.
`Fear that the Opposer would become a whistle blower led the Applicant to file this
`Trademark Application. A few weeks after applying for this Trademark the Applicant terminated
`their business relationship with the Opposer and informed him that they had a Trademark that
`prohibited him from talking about them. The Applicant never disclosed this Trademark Application
`to the Opposer but they implied that they had a common law trademark that made it illegal for the
`Opposer to discuss the Applicant on social media or to own photographs of the Big Sky Ranch.
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`NOTICE OF OPPOSITION
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`The Applicant does not have a common law trademark. The Applicant has been publicly
`known by many names, The Ranch, The Big Sky Ranch, Big Sky, the Big Sky Movie Ranch, and
`the Big Sky movie ranch without Applicant raising any objection. Applicant has never asserted or
`defended a Trademark prior to this filing. Jeff Morris is now a competitor to the Applicant and is
`presently being sued by the Applicant for alleged violation of their non-existent Trademark.
`
`
`FIRST GROUND FOR OPPOSITION
`THE MARK IS MERELY DESCRIPTIVE
`
`Movie ranches were developed in the 1920s for location shooting in Southern California to
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`support the making of popular western films. Finding it difficult to recreate the topography of the
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`Old West on sound stages and studio backlots, the Hollywood studios went to the rustic valleys,
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`canyons and foothills of Southern California for filming locations. Other large-scale productions,
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`such as war films, also needed large, undeveloped settings for outdoor scenes, such as battles.
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` movie ranch is a ranch that is at least partially dedicated for use as a set in the creation
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` A
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`and production of motion pictures and television shows. These were developed in the United States
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`in southern California, because of the climate. The first such facilities were all within the 30-mile
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`(48 km) studio zone, known in the industry as “The TMZ”. These are often in the foothills of the
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`San Fernando Valley, Santa Clarita Valley, and Simi Valley in the U.S. state of California (exhibit
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`“2”).
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`
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`In the motion picture industry, the phrase “Movie Ranch” has a specific meaning. “Movie
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`Ranch” is a descriptive location category designated by the California Film Commission (exhibit
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`“1”). Allowing a ranch to trademark their name plus “Movie Ranch” would be no different than
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`allowing a lawyer named Bill Smith to trademark “Bill Smith Lawyer”. The phrase “Big Sky
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`Movie Ranch” only identifies that Big Sky is a Movie Ranch – a ranch where movies are
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`NOTICE OF OPPOSITION
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`sometimes filmed. It has no secondary meaning. It is merely descriptive or geographically
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`descriptive.
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`
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`SECOND GROUND FOR OPPOSITION
`THE MARK IS DECEPTIVELY MISDESCRIPTIVE
`
`The CFC designates certain facilities as “Approved Production Facilities” (exhibit “3”).
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`
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`Approved production facilities receive tax incentives, favorable union rates, and are allowed to
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`maintain permanent sets. They are able to build, and tear down sets in the same manner that an
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`actual indoor movie studio can do on a sound stage without having to get individual building
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`permits. To be designated as an “Approved Production Facility” you must be within the 30 mile
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`Studio Zone i.e. the TMZ.
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`The California Film Commission has designated that the Big Sky Movie Ranch is not in
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`this zone (exhibit “1”), though Applicant falsely advertises that they are. The Applicant is zoned
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`for agriculture. Yes, they do film movies there, but allowing them to trademark “Big Sky Movie
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`Ranch” will enable them to falsely represent themselves as being zoned and permitted in ways that
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`they are not, to represent a competitive edge that they do not have and that would give them an
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`unfair advantage over other ranches that are actually in the Studio 30 Mile Zone and actually are
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`approved production facilities. This service mark would deceive potential customers.
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`
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`WHEREFORE, pursuant to the Lanham Act Section 2(e)(1) Jeff Morris requests that the
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`Trademark Trial and Appeal Board deny the application for “BIG SKY MOVIE RANCH” (Serial
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`Number 88662828) by BIG SKY RANCH COMPANY, LLC
`
`//
`//
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`NOTICE OF OPPOSITION
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`NOTICE OF OPPOSITION
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`Dated: September 2, 2020
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` LAW OFFICE OF STEPHANIE WHITE
` 2655 First St. #250
` Simi Valley, CA 93065
` (805) 322-7270
` shawn@805lawyer.com
`
`
`
` By: _________________________
`SHAWN WHITE
`ATTORNEY FOR JEFF MORRIS
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`EXHIBIT “1”
`
`EXHIBIT “1”
`
`
`
`9/2/2020
`
`
`Location Search Results - CinemaScout
`
`
`
`Select Page
`
`Locations
`
`a
`
`Location
`Search Results
`
`27 locations
`
`Sort By Last Modified
`Display 48
`
`Location Categories
`
`STUDIO FACILITIES -
`Movie Ranches
`
`Location Name / ID
`Location Name
`Location ID
`
`Geographic Area
`
`All Cities / Towns
`
`All Counties
`
`All Regions
`
`Proximity
`
`Any Distance
`
`Zip/Post Code
`Within LA 30-mile Studio Zone
`State Property
`Closed / Vacant
`
`Building Materials
`
`all
`
`Architecture Style
`
`select style...
`
`Heisenberg Heights Movie Ranch ...
`
`Location ID: #10064216
`8 of 10 photos
`
`Circle X Ranch - Santa Monica ...
`
`Location ID: #4923
`8 of 12 photos
`
`Gold Creek Camp Convention ...
`
`Location ID: #10098293
`8 of 9 photos
`
`Sweetwater Movie Land Ranch
`
`Location ID: #10152001
`8 of 10 photos
`
`Corriganville Park - Rancho ...
`
`Now available for
`filming after more
`than a decade is a
`property near
`Acton CA
`
`Ridgetop camp
`with lodge, trails,
`group campsite.
`Panoramic views,
`scenic mountain
`
`Gold Creek
`Retreat and
`Convention Center
`property is
`occupied by 26
`
`28 acre
`commercial
`equestrian facility
`close to Vasquez
`Rocks. Covered
`
`Corriganville Park
`is a historical film
`location that has
`many distinct
`https://ca.reel-scout.com/loc_listresults.aspx?view=48&page=2&alpha=&search=&rgn=All Regions&rgnid=&cnty=All Counties&cntyid=&city=All Cities /… 1/5
`
`Location ID: #7005
`8 of 9 photos
`
`
`
`9/2/2020
`
`Location Search Results - CinemaScout
`
`Allied Studios / 76 Movie Ranch
`
`Location ID: #10102735
`8 of 18 photos
`
`Sanna Movie Ranch - NO FILMING ...
`
`Location ID: #6041
`8 of 18 photos
`
`Saddlerock Ranch and Mailbu ...
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`Location ID: #7887
`8 of 13 photos
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`Boquet Canyon Ranch - Farm ...
`
`Location ID: #10037433
`8 of 18 photos
`
`Polsa Rosa Ranch
`
`Location ID: #2211
`8 of 48 photos
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`areas that make up
`
`Huge
`Studio/Backlot
`Campus: 60,000+
`s.f. of Fully
`Finished Stages,
`
`64 acres with a
`perennial water
`flow. Building
`material of house
`is brick and stucco.
`
`Facilities: Corral,
`Storage Building,
`Fencing,
`Farmhouse and
`Stable. Features 1
`
`249 acres of land
`with about 9,000
`sq. ft. of buildings
`ranging from
`cottages and barns
`
`Miles of the most
`varied terrain and
`landscapes found
`in the
`Zone.Feature
`
`Location ID: #10106608
`8 of 22 photos
`
`Koch Movie Ranch - TEMPORARY NO ...
`The town has a
`rural western
`theme which can
`be seen in its
`homes,
`
`Bee Box Ranch - Basecamp / Crew ...
`
`80 Acres on
`Soledad Canyon
`Road, between
`Crown Valley Road
`https://ca.reel-scout.com/loc_listresults.aspx?view=48&page=2&alpha=&search=&rgn=All Regions&rgnid=&cnty=All Counties&cntyid=&city=All Cities /… 2/5
`
`Location ID: #10134225
`8 of 9 photos
`
`
`
`9/2/2020
`
`Location Search Results - CinemaScout
`
`Paramount Ranch Western Town - ...
`
`Location ID: #4925
`8 of 28 photos
`
`Andre & Renaud Veluzat Motion ...
`
`Location ID: #10044350
`8 of 15 photos
`
`Andre & Renaud Veluzat Motion ...
`
`Location ID: #2790
`8 of 13 photos
`
`Rancho Deluxe
`
`Location ID: #10104224
`8 of 26 photos
`
`Agua Dulce Airpark
`
`Location ID: #2407
`8 of 19 photos
`
`Golden Oak Ranch - Disney Ranch ...
`
`Location ID: #2692
`8 of 20 photos
`
`and Crown Valley
`
`Western town set
`with jail and saloon
`etc. Fire Safety
`Advisor may be
`required. Public
`
`The "Veluzat
`Motion Picture
`Ranch" is located
`in the Santa Clarita
`Valley just 30 miles
`
`Movie ranch/studio
`backlot includes
`church standing
`sets, Mexican
`street sets, military
`
`Located in the
`Santa Clarita
`filming community
`of Los Angeles,
`California, Rancho
`
`Location has a
`small airport
`/airfield / airstrip, a
`cafe lounge, an
`office and a small
`
`Movie ranch with
`over 800 acres of
`land. It includes
`the following
`standing sets
`
`The newly
`constructed
`Business District at
`the Ranch was
`https://ca.reel-scout.com/loc_listresults.aspx?view=48&page=2&alpha=&search=&rgn=All Regions&rgnid=&cnty=All Counties&cntyid=&city=All Cities /… 3/5
`
`Location ID: #10061402
`8 of 10 photos
`
`Golden Oak Ranch - Urban ...
`
`
`
`9/2/2020
`
`Location Search Results - CinemaScout
`
`Golden Oak Ranch - Rural Sets
`
`Location ID: #10061416
`8 of 15 photos
`
`Golden Oak Ranch - Natural Area
`
`Location ID: #10061404
`8 of 11 photos
`
`Blue Cloud Movie Ranch
`
`Location ID: #6774
`8 of 20 photos
`
`Land of Promise Ranch
`
`Location ID: #10101544
`8 of 10 photos
`
`Warner Bros. Studios Main Lot / ...
`
`Location ID: #2793
`8 of 36 photos
`
`Santa Susana Pass State ...
`
`Location ID: #7750
`5 photos
`
`entirely built with
`
`The barns,
`bridges, houses
`and cabins on the
`Golden Oak Ranch
`might all look and
`
`Hundreds of acres
`of open space and
`forested areas,
`from knolls to hay
`fields, the Ranch
`
`100 acre Movie
`Ranch and
`standing sets
`including various
`store fronts, prison
`
`One of the most
`unique properties
`in the City of Los
`Angles! A historic
`ranch nestled in
`
`Warner Bros.
`Studios is a
`complete
`production
`resource with over
`
`This historic park,
`located in Los
`Angeles County
`where the Simi
`Hills meet the
`
`125 acres of
`scenic terrain
`consisting of flat
`lands, greenery
`https://ca.reel-scout.com/loc_listresults.aspx?view=48&page=2&alpha=&search=&rgn=All Regions&rgnid=&cnty=All Counties&cntyid=&city=All Cities /… 4/5
`
`Location ID: #10079366
`7 photos
`
`Acton Movie Ranch @ Paintball ...
`
`
`
`9/2/2020
`
`Location Search Results - CinemaScout
`
`Melody Ranch Motion Picture ...
`
`Location ID: #32
`8 of 47 photos
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`and hillsides.
`
`Featuring a
`massive Mexican
`Spanish / Middle
`Eastern /
`European city with
`
`Your search returned 27 locations
`# | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V |
`W | X | Y | Z | All
`
`Accessibility
`
`© Copy right 2018 California Film Commission
`Conditions of Use Disclaimer
`Priv acy Policy Site Map
`
`https://ca.reel-scout.com/loc_listresults.aspx?view=48&page=2&alpha=&search=&rgn=All Regions&rgnid=&cnty=All Counties&cntyid=&city=All Cities /… 5/5
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`EXHIBIT “2”
`
`EXHIBIT “2”
`
`
`
`9/2/2020
`
`Studio Zones | California Film Commission
`
`
`
`Select Page
`
`a
`
`Locations
`Studio Zones, Permit O(cid:222)ces & Fees
`Information about the Los Angeles 30-Mile Studio Zone and the San Francisco 30-Mile
`Studio Zone can be found below.
`
` Los Angeles 30-Mile Studio Zone
`
`The studio zone is a 30 mile radius used by union (cid:213)lm projects to determine per diem
`rates and driving distances for crew members. The center of the studio zone is located at
`the southeast corner of Beverly and La Cienega in Los Angeles, California.
`
`The CFC does not administer the 30-Mile and Secondary Studio Zone boundaries. For
`information on locations near the edge of the Zone, please consult the CSATF map
`provided by Contract Services Administration Trust Fund as well as speci(cid:213)c union
`agreements to con(cid:213)rm whether they fall within the Zone.
`
`Additional Locations Include: The following locations that lie outside the 30-mile radius
`boundary are generally recognized as being within the 30-Mile Studio Zone: Agua Dulce,
`Castaic (including Castaic Lake), Leo Carrillo State Beach, Ontario International Airport,
`Piru, Pomona (including the Los Angeles County Fairgrounds) and the Metro-Goldwyn-
`Mayer Ranch property now known as the Conejo Recreation and Park District / Wildwood
`Park. Location contacts and fees for all are displayed in the accompanying 30-Mile Studio
`Zone Charts. Note: these additional inclusions are not subject to the special rules for the
`Secondary Studio Zone. Check the applicable collective bargaining agreement(s) to
`determine the scope of the Los Angeles Studio Zone. Contacts and fees for Secondary
`Zone locations are included in a special section found at the end of both Zone Charts.
`
` CSATF Map
`
`https://film.ca.gov/locations/studio-zones/
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`1/3
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`9/2/2020
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`Studio Zones | California Film Commission
`Map courtesy of Contract Services Administration Trust Fund
`
`l FilmLA
`Area Requirements
`
` North Los Angeles County Jurisdiction Map
`
` Original Studio Zone Map
`
`p Secondary Studio Zone
`Los Angeles 30-Mile Studio Zone Chart
`Use the zone chart to (cid:213)nd contacts and permit information for over one hundred
`City, County, State, and Federal government o(cid:222)ces, along with eleven Regional Film
`Commissions issuing permits in the Greater Los Angeles Area. Zone and Extended
`Hour Chart updates may be emailed to content manager.
`
` Los Angeles 30-Mile Studio Zone Chart
`Use the zone chart to (cid:213)nd contacts and permit information for over one
`hundred City, County, State, and Federal government o(cid:222)ces, along with
`eleven Regional Film Commissions issuing permits in the Greater Los Angeles
`Area. Zone and Extended Hour Chart updates may be emailed to content
`manager.
`
` Extended-Hour Filming Chart
`
`p Zone Chart Guide
`
` San Francisco 30-Mile Studio Zone
`
`The studio zone is a 30 mile radius used by union (cid:213)lm projects to determine per diem
`rates and driving distances for crew members. In San Francisco, the 30 mile zone is
`measured from Powell Street @ Market or from the location of the production o(cid:222)ce.
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`https://film.ca.gov/locations/studio-zones/
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`EXHIBIT “3”
`
`EXHIBIT “3”
`
`
`
`9/2/2020
`
`Production Facilities | California Film Commission
`
` Click here to access the latest information regarding the Coronavirus (COVID-19) and California’s
`response.
`
`
`
`Select Page
`
`a
`
`Tax Credit Program 2.0
`Approved Production Facilities
`For the purposes of this program, a production (cid:213)lming at an “Approved Production Facility”
`within the 30-Mile Zone may accrue percentage points used in the Jobs Ratio Ranking. If
`shooting outside the 30-Mile Zone, the following lists do not apply. Depending on the
`jurisdiction, a permit may or may not be required for the facilities listed below.
`
`Year 1
`
`For approved projects with Credit Allocation Letters
`issued prior to January 14, 2016.
`
`Years 2-5
`
`For approved projects with Credit Allocation Letters
`issued on or after January 14, 2016.
`
`For all productions with Credit Allocation Letters issued on or after January 14, 2016, the
`CFC has the authority to approve facilities that are not on the list but whose primary use is
`(cid:213)lm, video, commercial or digital production. If the production wants to utilize a facility
`that does not appear on the listing (inside or outside the studio zone), contact the CFC via
`email to determine if the facility can be approved for bonus points.
`
`https://film.ca.gov/tax-credit/production-facilities/
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