Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA Tracking number:
`ESTTA1125019
`04/05/2021
`
`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
`
`Apple Inc.
`04/04/2021
`
`ONE APPLE PARK WAY
`CUPERTINO, CA 95014
`UNITED STATES
`
`WILLIAM M. BRYNER
`KILPATRICK TOWNSEND & STOCKTON LLP
`1001 WEST FOURTH STREET
`WINSTON-SALEM, NC 27101
`UNITED STATES
`Primary Email: bbryner@kilpatricktownsend.com
`Secondary Email(s): jpetersen@kilpatricktownsend.com, BBRYN-
`ER@kilpatricktownsend.com, hyang@kilpatricktownsend.com, Agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`336-607-7300
`
`Docket Number
`
`Applicant Information
`
`Application No.
`Opposition Filing
`Date
`Applicant
`
`88643979
`04/05/2021
`
`Publication date
`Opposition Peri-
`od Ends
`
`10/06/2020
`04/04/2021
`
`Georgette, LLC
`11245 WEST RD
`APT 6713
`HOUSTON, TX 77065
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 032. First Use: 0 First Use In Commerce: 0
`All goods and services in the class are opposed, namely: purified drinking water; bottled water
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`Dilution by blurring
`Other
`
`Trademark Act Section 2(d)
`Trademark Act Sections 2 and 43(c)
`common law rights.
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`Registration Date
`
`3818856
`
`07/13/2010
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`12/19/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed.
`
`Class 021. First use: First Use: 1981/03/31 First Use In Commerce: 1981/03/31
`Housewares, namely, [ decorative glass not for building, ] lunch boxes, mugs,
`sports bottles sold empty, thermal insulated containers for food or beverage, va-
`cuum bottles; lunch kits consisting of lunch boxes and insulated containers
`Class 022. First use: First Use: 2004/10/19 First Use In Commerce: 2004/10/19
`Lanyards for portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, manipulating, and reviewing text, data, audio, image, and
`video files
`
`U.S. Registration
`No.
`Registration Date
`
`1401237
`
`07/15/1986
`
`Word Mark
`
`NONE
`
`Application Date
`
`11/04/1985
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 021. First use: First Use: 1981/03/00 First Use In Commerce: 1981/03/00
`MUGS, [ DISHES, ] *AND*DRINKING GLASSES[, BEER STEINS ] [ AND WINE
`GLASSES ]
`
`U.S. Registration
`No.
`Registration Date
`
`2180949
`
`08/11/1998
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/08/1995
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 043. First use: First Use: 1998/05/04 First Use In Commerce: 1998/05/04
`restaurant services
`
`U.S. Registration
`No.
`Registration Date
`
`1400442
`
`07/08/1986
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`11/04/1985
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1979/02/00 First Use In Commerce: 1979/02/00
`CLOTHING, NAMELY MENS AND LADIES SWEATSHIRTS, T-SHIRTS,
`SHIRTS, [ SHORTS,] JACKETS, [ TIES, BELTS, HEADBANDS, ] SWEATERS,
`HATS AND VISORS
`
`U.S. Registration
`No.
`Registration Date
`
`3070037
`
`03/21/2006
`
`Word Mark
`
`NONE
`
`Application Date
`
`08/22/2002
`
`Foreign Priority
`Date
`
`02/26/2002
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 014. First use: First Use: 0 First Use In Commerce: 0
`[Jewelry; watches and clocks; cufflinks;] key rings of precious metal [ ; chrono-
`meters; brooches, charms; tie pins; tieclips;] badges [, bracelets, neck-
`laces;medallions, belt buckles, pins; accessory boxes, jewelry boxes, ornaments
`all made of precious metal or coated therewith; costume jewelry; statues and or-
`naments of precious metal; parts and fittings for the aforesaid goods]
`
`U.S. Registration
`No.
`Registration Date
`
`3078580
`
`04/11/2006
`
`Word Mark
`
`NONE
`
`Application Date
`
`04/27/2004
`
`Foreign Priority
`Date
`
`11/04/2003
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of a design of an apple with a bite removed.
`
`Class 020. First use: First Use: 0 First Use In Commerce: 0
`Furniture; [ office furniture; ] cabinets, enclosure, [ non-metal racks and other
`furniture ] for consumer electronics,computers and telecommunications equip-
`ment, and for the peripheral equipment devices therefore
`
`U.S. Registration
`No.
`Registration Date
`
`3070035
`
`03/21/2006
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/22/2002
`
`Foreign Priority
`Date
`
`02/26/2002
`
`

`

`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 025. First use: First Use: 0 First Use In Commerce: 0
`[Footwear;] headwear; shirts, t-shirts,sweatshirts,[ jogging suits, trousers, pants,
`shorts, tank tops, rainwear, cloth bibs, skirts,] blouses; [dresses, suspenders,]
`sweaters, jackets, coats, raincoats, [snow suits, ties, robes,] hats, and caps[,
`sun-visors, belts, scarves, sleepwear, pajamas, lingerie, underwear, boots,
`shoes, sneakers, sandals, booties,slipper socks, swimwear and masquerade
`and Halloween costumes]
`
`U.S. Registration
`No.
`Registration Date
`
`2657931
`
`12/10/2002
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`08/24/2000
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 1979/01/06 First Use In Commerce: 1979/01/06
`Printed materials and publications, namely, user manuals, [ series of books, ]
`booklets, brochures, [ data sheets, white papers, ] [ newsletters, catalogs, ]
`pamphlets, [ periodicals and magazines, ]all in the fields of business, creat-
`ivedesign, computers, information technology, word processing, database man-
`agement, multimedia, entertainment, [ electronic commerce ] and telecommunic-
`ations; [ stationery, ] pens and pencils, [ clipboards,] [ posters, ] [ memo pads, ]
`binders
`
`U.S. Registration
`No.
`Registration Date
`
`2715578
`
`05/13/2003
`
`Word Mark
`
`NONE
`
`Application Date
`
`07/01/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1977/01/01 First Use In Commerce: 1977/01/01
`Computers hardware; computer hardware, namely, server, desktop, laptop,
`notebook and subnotebook computers; hand held and mobile computers; com-
`puter [ terminals and ] monitors; personal digital assistants; portable digital audio
`players; electronic organizers; computer keyboards, cables, [ modems; ] audio
`speakers; computer video control devices, namely, computer mice, [ trackballs,
`joysticks andgamepads; ] a full line of computer software for business, home,
`education, anddeveloper use; computer programs for personal information man-
`agement; database management software; [ character recognition software;
`telephony management software; ] electronic mail and messaging software; [
`telecommunications software, namely, for paging; ] database synchronization
`software; computer programs for accessing, browsing and searching online
`databases; operating system software; application development tool programs;
`blank computer storage media; fonts, typefaces, type designs and symbols re-
`corded onmagnetic media; computer software for use in providing multiple user
`access to a global computer information network for searching, retrieving, trans-
`ferring, manipulating and disseminating a wide range of information; computer
`software foruse as a programming interface; computer software for use in net-
`work server sharing; local and wide area networking software; computer soft-
`ware for matching, correction, and reproduction of color; computer software for
`use in digital videoand audio editing; computer software for use in enhancing
`text and graphics; computer software for use in font justification and font quality;
`computer software for use to navigate and search a global computer information
`network, as well as to organize and summarize the information retrieved; com-
`puter software for use in word processing and database management; word pro-
`cessing software incorporating text, spreadsheets, still and moving images,
`sounds and clip art; computer software for use in authoring, downloading, trans-
`mitting, receiving, editing, extracting, encoding, decoding, playing, storing and
`organizing audio, video, still images and other digital data; computer software for
`analyzing and troubleshooting other computer software; children'seducational
`software; computer game software; Computer graphics software; [ Computer
`search engine software; ] Web sitedevelopment software; computer program
`which provides remote viewing, remote control, communications and software
`distribution within personal computer systemsand across computer network;
`
`

`

`computer programs for file maintenance and data recovery; computer peripher-
`als; instructional manuals packaged in association withthe above
`
`U.S. Registration
`No.
`Registration Date
`
`3679056
`
`09/08/2009
`
`Word Mark
`Design Mark
`
`NONE
`
`Application Date
`
`01/13/2009
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 009. First use: First Use: 1977/01/31 First Use In Commerce: 1977/01/31
`Computers; computer hardware; computer peripherals; handheld computers;
`handheld mobile digital electronic devices for recording, organizing, transmitting,
`manipulating, and reviewing text, data, image, audio, and audiovisual files, for
`the sending and receiving of telephone calls, electronic mail, and other digital
`data, for use as a digital format audio player, handheld computer, personal digit-
`al assistant, electronic organizer, electronic notepad, camera, and global posi-
`tioning system (GPS) electronic navigation device; digital audio and video re-
`corders and players; personal digital assistants; electronic organizers; cameras;
`telephones; mobile phones; satellite navigational systems, namely, global posi-
`tioning systems (GPS); electronic navigational devices, namely, global position-
`ing satellite (GPS) based navigation receivers; computer game machines for use
`with external display screens, monitors, or televisions; a full line of accessories
`and parts for the aforementioned goods; stands, covers, cases, holsters, power
`adaptors, and wired and wireless remote controls for the aforementioned goods;
`computer memory hardware; computer disc drives; optical disc drives; computer
`networking hardware; computer monitors; flat panel display monitors; computer
`keyboards; computer cables; modems; computer mice; electronic docking sta-
`tions; set top boxes; batteries; battery chargers; electrical connectors, wires,
`cables, and adaptors; devices for hands-free use; headphones; earphones; ear
`buds; audio speakers; microphones; and headsets; a full line of computer soft-
`ware for business, home, education, and developer use; user manuals for use
`with, and sold as a unitwith, the aforementioned goods; downloadable audio and
`video files, movies, ring tones, video games, television programs, pod casts and
`
`

`

`audio books via the internet and wireless devices featuring music, movies,
`videos, television, celebrities, sports, news, history, science, politics, comedy,
`children's entertainment,animation, culture, current events and topics of general
`interest
`
`U.S. Registration
`No.
`Registration Date
`
`3928818
`
`03/08/2011
`
`Word Mark
`Design Mark
`
`APPLE
`
`Application Date
`
`05/03/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1976/04/01 First Use In Commerce: 1976/04/01
`Computer hardware; computer hardware, namely, server, desktop, laptop and
`notebook computers; computer memory hardware;computer disc drives; optical
`disc drives; computer hardware, software and computer peripherals for commu-
`nication between multiple computers and between computers and local and
`global computer networks; computer networking hardware; set top boxes; com-
`puter hardware and computer software for the reproduction, processing and
`streaming of audio, video and multimedia content; computer hardware and soft-
`ware for controlling the operation of audio and video devices and for view-
`ing,searching and/or playing audio, video, television, movies, photographs and
`other digital images, and other multimedia content; computer monitors; liquid
`crystal displays; flat panel display monitors;computer keyboards, cables, mo-
`dems; computer mice; electronic docking stations;stands specially designed for
`holding computer hardware and portable and handheld digital electronic
`devices; batteries; rechargeable batteries; battery chargers; battery packs;
`power adapters for computers; electrical connectors, wires, cables, and ad-
`aptors; wired and wireless remote controls for computers and portable and
`handheld digital electronic devices; headphones and earphones; stereo head-
`phones; in-ear headphones; microphones;audio equipment for vehicles, namely,
`MP3 players; sound systems comprising remote controls, amplifiers, loudspeak-
`ers and components thereof; audio recorders; radio receivers; radio transmitters;
`personal digital assistants; portable digital audio and video players; electronic
`organizers; cameras; telephones; mobile phones; videophones; computer gam-
`ing machines, namely, stand-alone video gaming machines; handheld and mo-
`bile digital electronic devices for the sending and receiving of telephone calls,
`electronic mail and other digital media; MP3 and otherdigital format audio and
`video players;portable and handheld digital electronic devices for recording, or-
`ganizing, transmitting, receiving, manipulating, playing and reviewing text, data,
`image, audio and video files; a full line of electronic and mechanical parts and
`fitting for portable and handheld digital electronic devices for recording, organiz-
`ing, transmitting, receiving, manipulating, playing and reviewing text, data, im-
`age, audio and video files, namely, headphones, microphones, remote controls,
`batteries, battery chargers, devices for hands-free use, keyboards, adapters;
`parts and accessories for mobile telephones, namely, mobile telephone covers,
`
`

`

`mobile telephone cases, mobile telephone covers madeof cloth or textile materi-
`als, mobile telephone batteries, mobile telephone battery chargers, headsets for
`mobile telephones, devices for hands-free use of mobile telephones; carrying
`cases, sacks, and bags, all for use with computers and portable and handheld
`digital electronicdevices; operating system programs; computer utility programs
`for computer operating systems; a full line of computer software for business,
`home, education, and developer use; computer software for use in organizing,
`transmitting, receiving, manipulating, playing and reviewing text, data, image,
`audio, and video files; computer programs for personal information manage-
`ment; database management software; character recognition software; electron-
`ic mail and messaging software; telecommunications software for connecting
`wireless devices, mobile telephones, handheld digital electronic devices, com-
`puters, laptop computers, computer network users, global computer networks;
`database synchronization software; computer programs for accessing, browsing
`and searching online databases; computer software to develop other computer
`software; computer software for use as a programming interface; computer soft-
`ware for use in network server sharing; local and widearea networking software;
`computer software for matching, correction, and reproduction of color; computer
`software for use in digital video and audio editing; computer software for use in
`enhancing text and graphics; computer software for use in font justification and
`font quality; computer software for use to navigate and search a global computer
`information network; computer software for use inword processing and database
`management; word processing software incorporatingtext, spreadsheets, still
`and moving images, sounds and clip art; computer software for use in authoring,
`downloading, transmitting, receiving, editing, extracting, encoding, decoding,
`playing, storing and organizing audio, video, still images and other digital media;
`computer software for analyzing and troubleshooting other computer software;
`computer graphics software; computer search engine software; website devel-
`opment software; computer software for remote viewing, remote control, com-
`munications and software distribution within personal computer systems and
`across computer networks; computer programs for file maintenance and data re-
`covery; computer software for recording and organizing calendars and sched-
`ules, to-do lists, and contact information; computer software for clock and alarm
`clock functionality; computer softwareand prerecorded computer programs for
`personal information management; electronic mail and messaging software;
`computerprograms for accessing, browsing and searching online databases;
`computer software and firmware for operating system programs; blank computer
`storage media; user manuals in electronically readable, machine readable or
`computer readable form for use with, and sold as a unit with,all the aforemen-
`tioned goods; instructional manuals packaged in association with the above
`
`U.S. Registration
`No.
`Registration Date
`
`2753069
`
`08/19/2003
`
`Word Mark
`
`NONE
`
`Application Date
`
`07/23/2002
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`The mark consists of the design of an apple with a bite removed.
`
`Class 042. First use: First Use: 1980/09/00 First Use In Commerce: 1980/09/00
`[ Application service provider (ASP), namely, hosting computer software applica-
`tions of others; ]computer services, namely, displaying the [ web sites and ] im-
`ages of others on a computer server; computer diagnostic services; installation
`of computer software; updating of computer software; maintenance of computer
`software; computer hardware development; integration of computer systems and
`networks; monitoring the computer systems of others for technical purposes and
`providing back-up computer programs and facilities; computer consultation,
`design, and testing services; consulting services inthe field of design, selection,
`implementation and use of computer hardware andsoftware systems for others;
`computer data recovery; computer programming for others; research and devel-
`opment of computer hardware and software; website design, creation [ and host-
`ing services ] ; computer services, namely, designing [ and implementing ] web
`sites for others; computer services, namely, providing search engines for obtain-
`ing data on a global computer network; providing use of on-line non-
`downloadable software for communications via local or global communications
`networks, including the Internet, intranets, and extranets; computer consultation,
`namely, analyzing data to detect, eradicate, and prevent the occurrence of com-
`puter viruses; computer consultation, namely, services relating to the protection
`of computer hardware, computer software, computer networks and computer
`systems against computer viruses, attacks, or failures; computer consultation,
`namely, services for optimizing the performance and functionality of computer
`software and communications networks; technical support services, namely,
`troubleshooting of computers, computer software, telecommunications, and the
`Internet systems; leasing of computers, computer peripherals and computer
`software; leasing computer facilities; providing information in a wide variety of
`fields over computer networks and global communication networks; computer
`services, namely, creating indexes of information, web sites and other informa-
`tion sources available on computer networks; providing information concerning a
`wide range of text, electronic documents, databases, graphics and audiovisual
`information
`
`

`

`Attachments
`
`77356362#TMSN.png( bytes )
`73566772#TMSN.png( bytes )
`74712807#TMSN.png( bytes )
`73566555#TMSN.png( bytes )
`78156911#TMSN.png( bytes )
`78408618#TMSN.png( bytes )
`78156809#TMSN.png( bytes )
`76117498#TMSN.png( bytes )
`76426501#TMSN.png( bytes )
`77648705#TMSN.png( bytes )
`77172511#TMSN.png( bytes )
`78146716#TMSN.png( bytes )
`NOO - I AM ARCUS.pdf(662046 bytes )
`EXHIBIT 1.pdf(4924146 bytes )
`EXHIBIT 2.pdf(2746410 bytes )
`EXHIBIT 3.pdf(4523688 bytes )
`EXHIBIT 4.pdf(4113012 bytes )
`EXHIBIT 5.pdf(4463796 bytes )
`EXHIBIT 6.pdf(434259 bytes )
`EXHIBIT 7.pdf(4257508 bytes )
`EXHIBIT 8.pdf(287941 bytes )
`EXHIBIT 9.pdf(2420886 bytes )
`EXHIBIT 10.pdf(2485218 bytes )
`
`Signature
`Name
`Date
`
`/William M. Bryner/
`William M. Bryner
`04/05/2021
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No. 88/643,979
`
`For the Mark:
`Filed: October 6, 2019
`Published: October 6, 2020
`
`APPLE INC.,
`
`Opposer,
`
` v.
`
`NOTICE OF OPPOSITION
`
`GEORGETTE, LLC,
`
`Applicant.
`
`APPLE INC. (“Opposer” or “Apple”), a California corporation with a principal place of
`
`business at One Apple Park Way, Cupertino, California 95014, will be damaged by the issuance
`
`of a registration for the trademark shown in Application Serial No. 88/643,979 (“Applicant’s
`
`Mark”) for the goods “purified drinking water; bottled water” in Class 32 and hereby opposes the
`
`same.
`
`As grounds for its opposition, Apple alleges as follows, with knowledge concerning its
`
`own acts, and on information and belief as to all other matters:
`
`FACTS
`
`1.
`
`Apple is the world-famous designer, manufacturer, and marketer of mobile
`
`communication and media devices and personal computers, and seller of a variety of related
`
`1
`
`

`

`software, services, accessories, and third-party digital content and applications. Apple’s APPLE
`
`brand is one of the best-known brands in the world.
`
`2.
`
`Since at least as early as 1977, Apple has extensively promoted, marketed,
`
`advertised, distributed, and sold goods and services in connection with a family of trademarks
`
`consisting, in whole or in part, of the word APPLE or its graphic equivalent, the Apple Logo
`
`(shown below) depicting a stylized apple with a detached leaf (collectively, the “Apple Marks”).
`
`3.
`
`Apple’s family of Apple Marks are distinctive, arbitrary, and fanciful marks that
`
`have achieved an extraordinary level of fame and consumer recognition. As a result of Apple’s
`
`extensive advertising, promotion, and use of the Apple Marks in connection with a variety of goods
`
`and services, the Apple Marks have acquired enormous goodwill, and are recognized immediately
`
`as identifying Apple’s APPLE-branded goods and services.
`
`4.
`
`The Apple Marks are famous and distinctive within the meaning of Section 43(c)
`
`of the Lanham Act, 15 U.S.C. § 1125(c). The extraordinary level of fame and consumer
`
`recognition that the Apple Marks currently enjoy cannot be seriously disputed.
`
`5.
`
`For many years, Apple’s APPLE brand (including the Apple Logo) has consistently
`
`been recognized as one of the world’s most famous brands. In July 2020, Forbes magazine ranked
`
`the APPLE brand as the world’s most valuable brand for the tenth year in a row, with an estimated
`
`valuation of $260.2 billion. Attached as Exhibit 1 are printouts of Forbes magazine articles
`
`regarding its list of the most valuable brands from 2020, 2019, 2018, 2017, 2016, 2015, 2014,
`
`2013, 2012, and 2011, obtained from its website.
`
`2
`
`

`

`6.
`
`In 2020, for the ninth consecutive year, Apple won the Harris Interactive “Brand
`
`of the Year” award in the tablet computer category. Apple was also named the #1 brand in the
`
`smart phone category, virtual personal assistant category, and wearable tech category. Attached
`
`as Exhibit 2 is a printout of the Harris Interactive report obtained from the website at
`
`https://theharrispoll.com/the-harris-poll-announces-this-years-brands-of-the-year-2020/.
`
`7.
`
`Additionally, Interbrand has consistently recognized the APPLE brand in the top
`
`50 of its “Best Global Brands” annual rankings, increasing in value each year. After being named
`
`the second most valuable brand in the world in 2012, the next year the APPLE brand was ranked
`
`as the most valuable, and Apple has maintained that top position every year since (2013-2020).
`
`Attached as Exhibit 3 are copies of relevant pages of Interbrand’s “Best Global Brands” rankings
`
`from 2011 through 2020, in reverse chronological order. Interbrand has awarded the APPLE brand
`
`the following rankings and brand valuations over the past 10 years:
`
`(a) 2020: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $322.99 billion;
`
`(b) 2019: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $234.24 billion;
`
`(c) 2018: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $214.48 billion;
`
`(d) 2017: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $184.15 billion;
`
`(e) 2016: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $178.12 billion;
`
`(f) 2015: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $170.28 billion;
`
`(g) 2014: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $118.86 billion;
`
`3
`
`

`

`(h) 2013: valuing the APPLE brand as the most valuable brand in the world, with an
`estimated worth of U.S. $98.32 billion;
`
`(i) 2012: valuing the APPLE brand as the 2nd most valuable brand in the world, with
`an estimated worth of U.S. $76.57 billion; and
`
`(j) 2011: valuing the APPLE brand as the 8th most valuable brand in the world, with
`an estimated worth of U.S. $33.49 billion.
`
`8.
`
`In 2020, leading market research and brand valuation company Millward Brown
`
`Optimor (“MBO”) named APPLE as the second most valuable brand in the United States in its
`
`“Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings. In 2019, APPLE was named
`
`the most valuable brand in the United States, and in 2018, the inaugural year of MBO’s U.S.
`
`rankings, APPLE was named the second most valuable brand in the United States. Copies of
`
`MBO’s 2020, 2019, and 2018 “Brandz™ Top 100 Most Valuable U.S. Brands” annual rankings
`
`are attached as Exhibit 4.
`
`9.
`
`Moreover, over the past 13 years, MBO has named APPLE as one of the world’s
`
`top brands in its “Brandz™ Top 100 Most Valuable Global Brands” annual rankings. In MBO’s
`
`2020 rankings, Apple’s APPLE brand was ranked the second most valuable brand in the world
`
`with a value of $352.2 billion. In MBO’s 2019 rankings, Apple’s APPLE brand was ranked the
`
`second most valuable brand in the world with a value of $309.5 billion. In MBO’s 2018 rankings,
`
`Apple’s APPLE brand was ranked the second most valuable brand in the world with a value of
`
`$300.6 billion. In MBO’s 2017 rankings, Apple’s APPLE brand was ranked the second most
`
`valuable brand in the world with a value of $234.67 billion. The 2016 rankings also ranked
`
`Apple’s APPLE brand the second most valuable brand in the world with a value of $228.46 billion.
`
`In 2015, MBO named Apple the world’s most valuable brand, a rank it also held in 2011, 2012,
`
`and 2013. Apple’s APPLE brand ranked 2nd in 2014, 3rd in 2010, 6th in 2009, and 7th in 2008,
`
`clearly demonstrating recognition of the APPLE brand as one of the world’s most valuable for
`
`4
`
`

`

`more than a decade. Attached as Exhibit 5 are copies of relevant pages of MBO’s rankings in
`
`reverse chronological order from 2020 through 2008.
`
`10.
`
`In addition, market research company OnePoll also named Apple’s Apple Logo as
`
`the most instantly recognizable brand logo in the United States in 2019. Attached as Exhibit 6 is
`
`a copy of OnePoll’s ranking of top 30 most recognizable brand logos.
`
`11.
`
`Apple also has been widely recognized as an extremely valuable, innovative, and
`
`admired company. Each year since 2006, Fortune Magazine has published its list of “Most
`
`Admired Companies.” Apple has featured prominently in these rankings each year, and for 11
`
`years in a row from 2009 to 2020, Apple has been named the “World’s Most Admired Company”
`
`for the year. Before 2009, Fortune Magazine’s list was limited to “America’s Most Admired
`
`Companies,” and Apple also topped that list in 2008. Attached as Exhibit 7 are copies of printouts
`
`of relevant pages of Fortune Magazine’s “Most Admired Companies” rankings in reverse
`
`chronological order from 2020 through 2008.
`
`12.
`
`In addition, in 2021, leading brand valuation consultancy Brand Finance named
`
`APPLE as the world’s most valuable brand in the Brand Finance Global 500 ranking, valuing the
`
`brand at $263.4 billion. Attached as Exhibit 8 is a copy of the “Top 25 Most Valuable Brands”
`
`page from the Brand Finance Global 500 2021 report.
`
`13.
`
`For many years now, Apple has sold merchandise such as t-shirts, mugs, notebooks,
`
`pens, thermal bottles, and water bottles, among many other products, bearing the Apple Logo to
`
`consumers at certain Apple Store locations. As a result, Apple has developed extensive common
`
`law rights in such goods and services.
`
`5
`
`

`

`14. Moreover, Apple has long offered a variety of beverage containers, such as water
`
`bottles and mugs, at physical and online retail locations. Photos of select, available products are
`
`shown below, and additional ones are shown in web printouts attached as Exhibit 9.
`
`6
`
`

`

`15.
`
`Apple owns numerous United States applications and registrations on the Principal
`
`Register for the Apple Marks, including, without limitation, the following:
`
`TRADEMARK
`
`REG. NO.
`
`APP. DATE/
`REG. DATE
`
`GOODS/SERVICES
`
`21: Housewares, namely, lunch boxes, mugs, sports
`bottles sold empty, thermal insulated containers
`for food or beverage, vacuum bottles; lunch kits
`consisting of lunch boxes and insulated containers.
`(First Use: Mar. 31, 1981)
`22: Lanyards for portable and handheld digital
`electronic devices for recording, organizing,
`transmitting, manipulating, and reviewing text, data,
`audio, image, and video files. (First Use: Mar. 31,
`1981)
`21: Mugs and drinking glasses (First Use: March
`1981)
`
` 43: Restaurant services (First Use: May 4, 1998)
`
`3,818,856
`
`Dec. 19, 2007/
`
`July 13, 2010
`
`1,401,237
`
`Nov. 4, 1985/
`Jul. 15, 1986
`
`2,180,949
`
`Aug. 8, 1995/
`Aug. 11, 1998
`
`7
`
`

`

`TRADEMARK
`
`REG. NO.
`
`APP. DATE/
`REG. DATE
`
`GOODS/SERVICES
`
`1,400,442
`
`Nov. 4, 1985/
`
`Jul. 8, 1986
`
`25: Clothing, namely mens and ladies sweatshirts, t-
`shirts, shirts, [shorts,] jackets, [ties, belts, headbands,]
`sweaters, hats and visors (First Use: Feb. 1979)
`
`14: Key rings of precious metal; badges (priority: Feb.
`26, 2002)
`
`3,070,037
`
`Aug. 22, 2002/
`Mar. 21, 2006
`
`3,078,580
`
`Apr. 27, 2004/
`
`Apr. 11, 2006
`
`20: Furniture; cabinets, enclosure, for consumer
`electronics, computers and telecommunications
`equipment, and for the peripheral equipment devices
`therefore (priority: Nov. 4, 2003)
`
`25: [Footwear;] headwear; shirts, t-shirts, sweatshirts,[
`jogging suits, trousers, pants, shorts, tank tops,
`rainwear, cloth bibs, skirts,] blouses; [dresses,
`suspenders,] sweaters, jackets, coats, raincoats, [snow
`suits, ties, robes,] hats, and caps[, sun-visors, belts,
`scarves, sleepwear, pajamas, lingerie, underwear,
`boots, shoes, sneakers, sandals, booties, slipper socks,
`swimwear and masquerade and Halloween costumes]
`(priority: Feb. 26, 2002)
`16: Printed materials and publications, namely, user
`manuals, [series of books,] booklets, brochures, [data
`sheets, white papers,] [newsletters, catalogs,]
`pamphlets, [periodicals and magazines,] all in the
`fields of business, creative design, computers,
`information technology, word processing, database
`management, multimedia, entertainment, [electronic
`commerce] and telecommunications; [stationery,]
`pens and pencils, [clipboards,] [posters,] [memo
`pads,] binders (First use: Jan. 6, 1979)
`9: Computers hardware; computer hardware, namely,
`server, desktop, laptop, notebook and subnotebook
`computers; hand held and mobile computers;
`computer monitors; personal digital assistants;
`portable digital audio players; electronic organizers;
`computer keyboards, cables, audio speakers; computer
`video control devices, namely, computer mice, a full
`line of computer software for business, home,
`education, and developer u