throbber
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1169144
`10/29/2021
`
`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
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Cable News Network, Inc.
`
`Corporation
`
`Citizenship
`
`Delaware
`
`ONE CNN CENTER
`ATLANTA, GA 30303
`UNITED STATES
`
`JAMES A. TRIGG
`KILPATRICK TOWNSEND & STOCKTON LLP
`1114 AVENUE OF THE AMERICAS, 21ST FLOOR
`THE GRACE BUILDING
`NEW YORK, NY 10036
`UNITED STATES
`Primary Email: jtrigg@ktslaw.com
`Secondary Email(s): cgenteman@ktslaw.com, kteilhaber@ktslaw.com, tmad-
`min@ktslaw.com
`212-775-8700
`
`Docket Number
`
`Applicant Information
`
`Application No.
`
`90515471
`
`Publication date
`
`10/05/2021
`
`Opposition Filing
`Date
`
`Applicant
`
`10/29/2021
`
`Opposition Peri-
`od Ends
`
`11/04/2021
`
`Nanjing Xiuchao E-commerce Co., Ltd
`RM315,BLDG A-3,GREENLAND WINDOW BUSINESS
`SQUARE, DONGSHAN ST, JIANGNING DIST,
`NANJING , JIANGSU, 211100
`CHINA
`
`Goods/Services Affected by Opposition
`
`Class 027. First Use: 2021/01/21 First Use In Commerce: 2021/01/21
`All goods and services in the class are opposed, namely: Carpets; Rugs; Anti-fatigue floor mat; Area
`rugs; Bath mats; Bathroom mats; Bathroom rugs; Carpets and rugs; Door mats;Door mats of textile;
`Fabric bath mats;Fur rugs; Non-slip bathtub mats; Non-slip mats for baths
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`No use of mark in commerce before application
`or amendment to allege use was filed
`
`Trademark Act Sections 1(a) and (c)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`

`

`Marks Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`2382472
`
`Registration Date
`
`09/05/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 006. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`metal goods, namely, key chains, [ license plate frames, metal name plates,
`andmoney clips ]
`
`U.S. Registration
`No.
`
`2378868
`
`Registration Date
`
`08/22/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`02/11/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 008. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`[ pocket knives, nail care kits, and ] spoons
`
`U.S. Registration
`No.
`
`5860237
`
`Registration Date
`
`09/17/2019
`
`Word Mark
`
`CNN
`
`Application Date
`
`07/31/2018
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the stylized wording "CNN" in red with a split throughout
`the connected wording. The color white represents background and is not
`claimed as a feature of the mark.
`
`Class 009. First use: First Use: 2006/07/01 First Use In Commerce: 2006/07/01
`Downloadable software in the nature of a mobile application for use in distribu-
`tion of digital video, video files, video games and multimedia content featuring-
`news, current events, sports, weather, government, education, entertainment,
`dining, travel and leisure; computer application software for mobile phones for
`internet applications for use in distribution of digital video, video files, video-
`games and multimedia content featuring news, current events, sports, weather,
`government, education, entertainment, dining, travel and leisure; headphones,
`computer keyboards, grips specially adaptedfor use with cell phones
`
`U.S. Registration
`No.
`
`5046227
`
`Registration Date
`
`09/20/2016
`
`Word Mark
`
`Design Mark
`
`CNN SANS
`
`Application Date
`
`12/16/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2016/04/22 First Use In Commerce: 2016/04/22
`Downloadable printing fonts
`
`U.S. Registration
`No.
`
`4727950
`
`Registration Date
`
`04/28/2015
`
`Word Mark
`
`CNN GO
`
`Application Date
`
`02/28/2012
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2014/09/30 First Use In Commerce: 2014/09/30
`COMPUTER SOFTWARE FOR USE IN PROCESSING, TRANSMITTING, RE-
`CEIVING, ORGANIZING, MANIPULATING, PLAYING, REVIEWING, REPRO-
`DUCING AND STREAMING AUDIO, VIDEO AND MULTIMEDIA CONTENT IN-
`CLUDING TEXT, DATA, IMAGE, AUDIO, VIDEO AND AUDIOVISUAL FILES;
`COMPUTER SOFTWARE FOR CONTROLLING THE OPERATION OF AUDIO
`AND VIDEO DEVICES AND FOR VIEWING, SEARCHING AND/OR PLAYING
`AUDIO, VIDEO, TELEVISION, MOVIES, OTHER DIGITAL IMAGES, AND OTH-
`ER MULTIMEDIA CONTENT; COMPUTER SOFTWARE FOR INTERACTIVE
`ENTERTAINMENT, WHICH ALLOWS USERS TO CUSTOMIZE THE VIEWING,
`LISTENING, AND PLAYING EXPERIENCE BY SELECTING AND ARRANGING
`THE DISPLAY AND PERFORMANCE OF AUDIO, VIDEO AND AUDIOVISUAL
`ELEMENTS; DOWNLOADABLEAUDIO, VISUAL, AND AUDIOVISUAL FILES
`AND RECORDINGS, FEATURING MULTIMEDIA ENTERTAINMENT PRO-
`GRAMS AND CONTENT
`
`U.S. Registration
`No.
`
`3612164
`
`Registration Date
`
`04/28/2009
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`09/22/2008
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 2003/00/00 First Use In Commerce: 2003/00/00
`DVDS FEATURING NEWS AND CURRENT EVENTS
`
`U.S. Registration
`No.
`
`2387137
`
`Application Date
`
`01/28/1999
`
`Registration Date
`
`09/19/2000
`
`Foreign Priority
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`CNN
`
`Date
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 009. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`electrical and scientific apparatus;, namely, [ prerecorded videocassettes and ]
`prerecorded compact discs featuring current events and general information, [
`binoculars, calculators, cameras and camera cases, ] decorative refrigerator
`magnets, [ magnifying glasses, ] [ mouse pads, ] [ radios, clock radios, and
`sunglasses ]
`
`U.S. Registration
`No.
`
`2394911
`
`Registration Date
`
`10/17/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 011. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`FLASHLIGHTS
`
`U.S. Registration
`No.
`
`2403381
`
`Registration Date
`
`11/14/2000
`
`Word Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 014. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`jewelry; namely clocks, ornamental lapel pins, [ stop watches, wristwatches,
`decorative boxes made of precious metal, money clips ]
`
`U.S. Registration
`No.
`
`2403383
`
`Registration Date
`
`11/14/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 016. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`paper goods and printed matter; namely,[ crayons, decals, ] folders for loose
`writing paper, [ desk sets, ] [ note cards, ] [ daily planners, ] data books, [ calen-
`dars, ] highlighting markers and pens, markers, [ paperweights, ] [ pen holders, ]
`pencils, pens, [ playing cards ]and postcards
`
`U.S. Registration
`No.
`
`3567666
`
`Registration Date
`
`01/27/2009
`
`Word Mark
`
`CNN
`
`Application Date
`
`07/11/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of SPLIT LINE "CNN".
`
`Class 016. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`Paper goods and printed matter, namely,stationery and writing implements
`
`U.S. Registration
`No.
`
`2394909
`
`Registration Date
`
`10/17/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 018. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`all-purpose athletic bags
`
`U.S. Registration
`No.
`
`2392818
`
`Registration Date
`
`10/10/2000
`
`Word Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 020. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`plastic key chains, [ travel pillows, hand-held mirrors, and picture frames ]
`
`U.S. Registration
`No.
`
`2394908
`
`Registration Date
`
`10/17/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 021. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`housewares and glass; namely, insulatedbeverage carriers, insulated contain-
`ersfor food or beverage, mugs, plastics cups, [ portable coolers ] [, vacuum
`bottles]
`
`U.S. Registration
`No.
`
`3649844
`
`Registration Date
`
`07/07/2009
`
`Word Mark
`
`CNN
`
`Application Date
`
`07/08/2008
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of Split line "CNN".
`
`Class 025. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`Clothing, namely, shirts, hats
`
`U.S. Registration
`No.
`
`2389307
`
`Registration Date
`
`09/26/2000
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 025. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`clothing, namely, caps, golf shirts, hats, jackets, [ neckties, ] rainwear, scarves,
`shorts, [ socks, ] sport shirts, [sweatshirts, ] sweaters, T-shirts, and vests
`
`U.S. Registration
`No.
`
`2394910
`
`Registration Date
`
`10/17/2000
`
`Word Mark
`
`CNN
`
`Application Date
`
`01/28/1999
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 028. First use: First Use: 1993/07/00 First Use In Commerce: 1993/07/00
`toys and sporting goods; namely, [balloons,] beachballs,[ golf bags,] golf balls,
`golf tees, and flying discs[, and spring toys]
`
`U.S. Registration
`No.
`
`2103933
`
`Registration Date
`
`10/07/1997
`
`Application Date
`
`07/31/1995
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`CNN IMAGESOURCE
`
`NONE
`
`Class 035. First use: First Use: 1996/04/00 First Use In Commerce: 1996/04/00
`licensing of video footage
`
`U.S. Registration
`No.
`
`5658050
`
`Registration Date
`
`01/15/2019
`
`Word Mark
`
`Design Mark
`
`CITIZEN BY CNN
`
`Application Date
`
`07/12/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 035. First use: First Use: 2018/07/17 First Use In Commerce: 2018/07/17
`Providing an annual in-person business forum in the field of politics, current
`events and the role of media
`
`U.S. Registration
`No.
`
`1597839
`
`Application Date
`
`10/06/1989
`
`

`

`Registration Date
`
`05/22/1990
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 1985/02/13 First Use In Commerce: 1985/02/13
`CABLE AND TELEVISION BROADCASTING SERVICES
`
`U.S. Registration
`No.
`
`2903197
`
`Registration Date
`
`11/16/2004
`
`Application Date
`
`04/17/2003
`
`Foreign Priority
`Date
`
`NONE
`
`Word Mark
`
`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`CNN
`
`NONE
`
`Class 038. First use: First Use: 1985/02/13 First Use In Commerce: 1985/02/13
`cable television broadcasting, cable radio broadcasting, television broadcasting,
`radio broadcasting and broadcasting programs via a global computer network
`
`U.S. Registration
`No.
`
`5817930
`
`Registration Date
`
`07/30/2019
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`07/31/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the stylized wording "CNN" in red with a split throughout
`the wording. The white background is notclaimed as a feature of the mark.
`
`Class 038. First use: First Use: 1985/02/13 First Use In Commerce: 1985/02/13
`Broadcasting services via wire, cable, satellite, radio, the Internet, and wireless
`networks; streaming of video and audio content via the Internet and wireless
`
`

`

`networks; provision of telecommunication access to video and audio content
`provided via an online video-on-demand service; providing online forums in the
`field of entertainment and news; providing Internet chat rooms and electronic
`bulletin boards for transmission of messages among users in the field of enter-
`tainmentand news
`
`U.S. Registration
`No.
`
`2989927
`
`Registration Date
`
`08/30/2005
`
`Word Mark
`
`Design Mark
`
`CNNMONEY
`
`Application Date
`
`09/26/2001
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2001/10/31 First Use In Commerce: 2001/10/31
`BROADCASTING PROGRAMS VIA A GLOBAL COMPUTER NETWORK
`
`U.S. Registration
`No.
`
`3569054
`
`Registration Date
`
`02/03/2009
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`11/30/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letters "CNN" with a picture of an airplane enclosed in
`a circle.
`
`Class 038. First use: First Use: 2005/06/00 First Use In Commerce: 2005/06/00
`Television broadcasting services provided through satellite to video monitors
`located in airports; Internet broadcasting services; providing streaming of audi-
`oand video in the nature of news, editorial content and information via global
`computer networks; transmission of news
`
`U.S. Registration
`No.
`
`4068409
`
`Registration Date
`
`12/06/2011
`
`Word Mark
`
`CNN
`
`Application Date
`
`10/05/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of Split line letters"CNN" with split line superscript Tilde.
`
`Class 038. First use: First Use: 2010/11/22 First Use In Commerce: 2010/11/22
`Cable television and satellite broadcasting services; radio broadcasting services;
`streaming of audio, video and audio/video materials over the Internet
`
`U.S. Registration
`No.
`
`4731840
`
`Registration Date
`
`05/05/2015
`
`Word Mark
`
`Design Mark
`
`CNN GO
`
`Application Date
`
`02/28/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2014/09/30 First Use In Commerce: 2014/09/30
`MOBILE MEDIA SERVICES IN THE NATURE OF ELECTRONIC TRANSMIS-
`SION, BROADCASTING AND DELIVERY OF AUDIO, VIDEO AND MULTIME-
`DIA ENTERTAINMENT CONTENT INCLUDING TEXT, DATA, IMAGES, AU-
`DIO, VIDEO AND AUDIOVISUAL FILES BY MEANS OF THE INTER-
`NET,WIRELESS COMMUNICATION, ELECTRONIC COMMUNICATIONS NET-
`WORKS AND COMPUTER NETWORKS
`
`U.S. Registration
`No.
`
`4477976
`
`Registration Date
`
`02/04/2014
`
`Word Mark
`
`WATCH CNN
`
`Application Date
`
`06/27/2013
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 038. First use: First Use: 2013/06/13 First Use In Commerce: 2013/06/13
`Media services in the nature of electronic transmission, broadcasting and deliv-
`ery of audio, video and multimedia entertainment content including text, data,
`images, audio, video and audiovisual files by means of the internet, wireless
`communication, electronic communications networks, computer networks, tele-
`communications networks, information services networks and data networks
`
`U.S. Registration
`No.
`
`5725791
`
`Registration Date
`
`04/16/2019
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`07/31/2018
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the stylized wording "CNN" with a split throughout the
`wording.
`
`Class 041. First use: First Use: 1985/02/13 First Use In Commerce: 1985/02/13
`Entertainment services, namely, multimedia program series featuring news, cur-
`rent events, sports, weather, government, education, entertainment, dining,
`traveland leisure distributed via various platforms across multiple forms of trans-
`mission media
`
`U.S. Registration
`No.
`
`4124472
`
`Registration Date
`
`04/10/2012
`
`Word Mark
`
`CNN
`
`Application Date
`
`04/20/2011
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Design Mark
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letter "C" connected to the letters "NN" all in red with a
`white split line through the letters.
`
`Class 041. First use: First Use: 1985/02/13 First Use In Commerce: 1985/02/13
`ENTERTAINMENT SERVICES, NAMELY, MULTIMEDIA PROGRAM SERIES
`FEATURING INFORMATIONABOUT CURRENT EVENTS, SPORTS, WEATH-
`ER, GOVERNMENT, EDUCATION, ENTERTAINMENT, DINING, TRAVEL AND
`LEISURE DISTRIBUTED VIAVARIOUS PLATFORMS ACROSS MULTIPLE
`FORMSOF TRANSMISSION MEDIA
`
`U.S. Registration
`No.
`
`4579188
`
`Registration Date
`
`08/05/2014
`
`Word Mark
`
`Design Mark
`
`CNN HEROES
`
`Application Date
`
`11/21/2013
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2007/12/06 First Use In Commerce: 2007/12/06
`ENTERTAINMENT SERVICES, NAMELY, AN ANNUAL CONTEST AND
`AWARD PROGRAM FOR RECOGNITION OF DISTINGUISHED ACHIEVE-
`MENT OF SELECT INDIVIDUALS WHO MAKE AN IMPACT ON SOCIETY DIS-
`TRIBUTED VIA VARIOUS PLATFORMS ACROSS MULTIPLE FORMS OF
`TRANSMISSION MEDIA
`
`

`

`U.S. Registration
`No.
`
`4336190
`
`Registration Date
`
`05/14/2013
`
`Word Mark
`
`Design Mark
`
`CNN FILMS
`
`Application Date
`
`05/04/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2012/10/08 First Use In Commerce: 2012/10/08
`production of television programming and films
`
`U.S. Registration
`No.
`
`4727951
`
`Registration Date
`
`04/28/2015
`
`Word Mark
`
`Design Mark
`
`CNN GO
`
`Application Date
`
`02/28/2012
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 041. First use: First Use: 2014/09/30 First Use In Commerce: 2014/09/30
`ENTERTAINMENT SERVICES IN THE NATURE OFPROVIDING ENTERTAIN-
`MENT PROGRAMS AND CONTENT, NAMELY, TELEVISION PROGRAMS,
`CLIPS, GRAPHICS AND INFORMATION RELATING TO TELEVISION PRO-
`GRAMS IN THE FIELDS OF COMEDY, DRAMA, ACTION, VARIETY, ADVEN-
`TURE,SPORTS, MUSICALS, CURRENT EVENTS AND ENTERTAINMENT
`NEWS, DOCUMENTARY AND ANIMATION, VIA THE INTERNET, ELEC-
`TRONIC COMMUNICATIONS NETWORKS, COMPUTER NETWORKS AND
`WIRELESS COMMUNICATIONS NETWORKS
`
`U.S. Registration
`No.
`
`4068408
`
`Registration Date
`
`12/06/2011
`
`Application Date
`
`10/05/2010
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`CNN
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of Split line letters"CNN" with split line superscript Tilde.
`
`Class 041. First use: First Use: 2010/11/22 First Use In Commerce: 2010/11/22
`Entertainment services, namely, provision of on-going multimedia programs in
`the field of news and current events distributed via various platforms across mul-
`tiple forms of transmission media
`
`U.S. Registration
`No.
`
`3569053
`
`Registration Date
`
`02/03/2009
`
`Word Mark
`
`Design Mark
`
`CNN
`
`Application Date
`
`11/30/2007
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`The mark consists of the letters "CNN" with an airplane enclosed in a circle.
`
`Class 041. First use: First Use: 2005/06/00 First Use In Commerce: 2005/06/00
`Entertainment services in the nature ofon-going television news programs fea-
`turing information about current events, sports, weather, government, education,
`entertainment, dining, travel and leisure, provided through satellite to video mon-
`itors located in airports; entertainment services, namely, providing on-going tele-
`vision programs featuring live sporting events via satellite to video monitors loc-
`ated in airports and via on-line global computer networks; news reporting ser-
`vices provided via an on-line global computer network
`
`U.S. Registration
`No.
`
`2297339
`
`Registration Date
`
`12/07/1999
`
`Application Date
`
`10/09/1997
`
`Foreign Priority
`Date
`
`NONE
`
`

`

`Word Mark
`
`Design Mark
`
`CNN NEWSOURCE
`
`Description of
`Mark
`
`Goods/Services
`
`NONE
`
`Class 042. First use: First Use: 1987/11/00 First Use In Commerce: 1987/11/00
`News agency services, namely, providingnews feed programs and raw footage
`in the field of news and information transmitted via satellite for use on cable tele-
`vision, broadcast television, and broadcast radio
`
`U.S. Registration
`No.
`
`4837669
`
`Registration Date
`
`10/20/2015
`
`Word Mark
`
`Design Mark
`
`CNN COLLECTION
`
`Application Date
`
`05/21/2014
`
`Foreign Priority
`Date
`
`NONE
`
`Description of
`Mark
`
`Goods/Services
`
`Attachments
`
`NONE
`
`Class 045. First use: First Use: 2015/03/15 First Use In Commerce: 2015/03/15
`LICENSING OF VIDEO FOOTAGE
`
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`

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`2021.10.28 Notice of Opposition_90515471.pdf(633295 bytes )
`Exhibits_Part1.pdf(4617902 bytes )
`Exhibits_Part2.pdf(5046529 bytes )
`Exhibits_Part3.pdf(2040215 bytes )
`
`Signature
`
`Name
`
`Date
`
`/James A. Trigg/
`
`James A. Trigg
`
`10/29/2021
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`CABLE NEWS NETWORK, INC.
`
`Opposer,
`
`v.
`
`In the Matter of
`Application Serial No. 90/515,471
`
`NANJING XIUCHAO E-COMMERCE CO.,
`LTD,
`
`Mark: CNNJ
`
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`Cable News Network, Inc. (“CNN” or “Opposer”), a Delaware corporation located and
`
`doing business at One CNN Center, Atlanta, Georgia 30303, will be damaged by the issuance of a
`
`registration for the mark CNNJ, as shown in Application Serial No. 90/515,471, for various goods
`
`in Class 27 (the “Application”), and hereby opposes the same.
`
`As grounds for its opposition, Opposer alleges as follows, with knowledge concerning its
`
`own acts, and on information and belief as to all other matters:
`
`A.
`
`Opposer and its World-Famous CNN Marks
`
`FACTS
`
`1.
`
`CNN is an international media and entertainment company, and is one of the
`
`world’s leading news and information providers.
`
`2.
`
`Opposer launched its “CNN” news channel in the United States in 1980. CNN
`
`was the first television channel to provide 24-hour news and the first all-news channel in the
`
`United States.
`
`3.
`
`CNN International, a global 24-hour news network, was launched in 1985.
`
`Currently, CNN International is considered to be the leading international television news
`
`
`
`1
`
`

`

`channel according to major media surveys across the Asia Pacific region, Europe, the Middle
`
`East, Africa, and Latin America.
`
`4.
`
`In addition to its 24-hour news television networks, Opposer owns one of the
`
`world’s leading online news and information sources: its website located at CNN.COM, which it
`
`launched in 1995. Through its CNN.COM website, Opposer provides 24-hour breaking news, as
`
`well as interactive resources for election coverage, sports, entertainment, weather, politics,
`
`personal finance, legal, and international news.
`
`5.
`
`Expanding on the success of its CNN.COM website, in 2015, Opposer launched
`
`CNN Digital, introducing new designs for its domestic and international sites for both mobile
`
`devices and desktops, as well as more prominent and easier-to-use social sharing tools. CNN
`
`Digital delivers news from nearly 4,000 journalists in every corner of the globe and is the #1
`
`online news destination across all platforms, with more unique visitors and video starts than any
`
`other competitor. CNN Digital has held the #1 digital news outlet ranking for U.S. unique
`
`visitors for five consecutive years, according to metrics from audience measurement company
`
`Comscore, Inc.
`
`6.
`
`CNN reaches more individuals on television, the Internet, and mobile devices
`
`than any other cable television news organization—over 388 million households altogether.
`
`CNN’s news and information services are available in six different languages across all major
`
`television, internet, and mobile platforms, and CNN’s coverage is supplemented and carried by
`
`more than 1,000 affiliates worldwide. Additionally, CNN Newsource is the world’s most
`
`extensively utilized news service, partnering with over 1,000 local and international news
`
`organizations around the world.
`
`
`
`2
`
`

`

`7.
`
`CNN has won numerous awards for its news coverage and broadcast journalism,
`
`including the prestigious Peabody Awards, Alfred I. DuPont-Columbia Awards, George Polk
`
`Award, and Emmy Awards.
`
`8.
`
`CNN promotes and advertises its goods and services and the CNN brand through
`
`a variety of media, including electronically on social media. As of October 2021 CNN had: more
`
`than 38.6 million Facebook followers; 55 million Twitter followers; 12.9 million YouTube
`
`subscribers; 15.9 million Instagram followers; and more than 3 million followers on LinkedIn.
`
`9.
`
`Since at least as early as 1980, CNN has extensively promoted, marketed,
`
`advertised, distributed, and sold goods and services under a family of trademarks consisting, in
`
`whole or in part, of the mark CNN (the “CNN Marks”).
`
`10.
`
`As a result of CNN’s substantial marketing, advertising, and promotional efforts
`
`and activities in connection with the CNN Marks, hundreds of millions of people around the
`
`world have been exposed to these marks, and the consuming public and the trade recognize and
`
`associate the marks with CNN. Accordingly, the CNN Marks have acquired extensive goodwill,
`
`public recognition, and distinctiveness, and are immediately recognized as identifying Opposer’s
`
`CNN-branded goods and services.
`
`11.
`
`The CNN Marks are famous and distinctive within the meaning of Section 43(a)
`
`of the Lanham Act, 15 U.S.C. § 1125(c).
`
`12.
`
`In connection with the promotion of its CNN brand, CNN offers a variety of
`
`goods under the CNN Marks, including household goods. CNN also sells through its online CNN
`
`retail store a wide variety of household goods featuring both the CNN Marks and third-party
`
`marks, including door mats; example printouts from the online CNN retail store are attached as
`
`Exhibit 1.
`
`
`
`3
`
`

`

`13.
`
`CNN owns numerous registrations for marks incorporating the term “CNN” for a
`
`variety of goods and services, including the following:
`
`Mark
`
`Registration
`No.
`
`Goods/Services
`
`
`
`
`
`
`
`
`
`2382472
`
`
`
`Class 6: Metal goods, namely, key chains.
`
`2378868
`
`Class 8: Spoons.
`
`
`
`5860237
`
`Class 9: Downloadable software in the nature of a
`mobile application for use in distribution of digital
`video, video files, video games and multimedia
`content featuring news, current events, sports,
`weather, government, education, entertainment,
`dining, travel and leisure; computer application
`software for mobile phones for internet applications
`for use in distribution of digital video, video files,
`video games and multimedia content featuring news,
`current events, sports, weather, government,
`education, entertainment, dining, travel and leisure;
`headphones, computer keyboards, grips specially
`adapted for use with cell phones.
`
`CNN SANS
`
`5046227
`
`Class 9: Downloadable printing fonts.
`
`
`
`CNN GO
`
`4727950
`
`
`
`
`
`Class 9: Computer software for use in processing,
`transmitting, receiving, organizing, manipulating,
`playing, reviewing, reproducing and streaming
`audio, video and multimedia content including text,
`data, image, audio, video and audiovisual files;
`computer software for controlling the operation of
`audio and video devices and for viewing, searching
`and/or playing audio, video, television, movies,
`other digital images, and other multimedia content;
`computer software for interactive entertainment,
`which allows users to customize the viewing,
`listening, and playing experience by selecting and
`arranging the display and performance of audio,
`video and audiovisual elements; downloadable
`audio, visual, and audiovisual files and recordings,
`
`4
`
`

`

`Mark
`
`Registration
`No.
`
`Goods/Services
`
`3612164
`
`
`
`2387137
`
`
`
`featuring multimedia entertainment programs and
`content.
`
`Class 9: DVDs featuring news and current events.
`
`Class 9: Electrical and scientific apparatus; namely,
`prerecorded videocassettes and prerecorded compact
`discs featuring current events and general
`information, binoculars, calculators, decorative
`refrigerator magnets.
`
`2394911
`
`Class 11: Flashlights.
`
`
`
`2403381
`
`
`
`2403383
`
`
`
`3567666
`
`
`
`Class 14: Jewelry; namely clocks, ornamental lapel
`pins.
`
`Class 16: Paper goods and printed matter; namely,
`folders for loose writing paper, data books,
`highlighting markers and pens, markers, pencils,
`pens, and postcards.
`
`Class 16: Paper goods and printed matter, namely,
`stationery and writing implements.
`
`2394909
`
`Class 18: All-purpose athletic bags.
`
`
`
`2392818
`
`Class 20: Plastic key chains.
`
`
`
`2394908
`
`Class 21: housewares and glass; namely, insulated
`beverage carriers, insulated containers for food or
`beverage, mugs, plastics cups
`
`3649844
`
`Class 25: Clothing, namely, shirts, hats.
`
`2389307
`
`
`
`Class 25: Clothing, namely, caps, golf shirts, hats,
`jackets, rainwear, scarves, shorts, sport shirts,
`sweaters, t-shirts, and vests.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`

`

`Mark
`
`Registration
`No.
`
`2394910
`
`
`
`
`
`Goods/Services
`
`Class 28: Toys and sporting goods; namely,
`beachballs, golf balls, golf tees, and flying discs.
`
`CNN
`
`2103933
`
`Class 35: Licensing of video footage.
`
`IMAGESOURCE
`
`
`
`CITIZEN BY CNN 5658050
`
`1597839
`
`2903197
`
`
`
`5817930
`
`CNN
`
`
`
`
`
`
`
`CNNMONEY
`
`2989927
`
`
`
`3569054
`
`
`
`
`
`4068409
`
`
`
`
`
`
`
`
`
`
`
`Class 35: Providing an annual in-person business
`forum in the field of politics, current events and the
`role of media.
`
`Class 38: Cable and television broadcasting
`services.
`
`Class 38: Cable television broadcasting, cable radio
`broadcasting, television broadcasting, radio
`broadcasting and broadcasting programs via a global
`computer network.
`
`Class 38: Broadcasting services via wire, cable,
`satellite, radio, the internet, and wireless networks;
`streaming of video and audio content via the internet
`and wireless networks; provision of
`telecommunication access to video and audio
`content provided via an online video-on-demand
`service; providing online forums in the field of
`entertainment and news; providing internet chat
`rooms and electronic bulletin boards for
`transmission of messages among users in the field of
`entertainment and news.
`
`Class 38: Broadcasting programs via a global
`computer network.
`
`Class 38: Television broadcasting services provided
`through satellite to video monitors located in
`airports; internet broadcasting services; providing
`streaming of audio and video in the nature of news,
`editorial content and information via global
`computer networks; transmission of news.
`
`Class 38: Cable television and satellite broadcasting
`services; radio broadcasting services; streaming of
`audio, video and audio/video materials over the
`internet.
`
`6
`
`

`

`Mark
`
`Registration
`No.
`
`Goods/Services
`
`CNN GO
`
`4731840
`
`
`
`WATCH CNN
`
`4477976
`
`
`
`5725791
`
`4124472
`
`
`
`
`
`CNN HEROES
`
`4579188
`
`
`
`CNN FILMS
`
`4336190
`
`
`
`CNN GO
`
`4727951
`
`
`
`
`
`Class 38: Mobile media services in the nature of
`electronic transmission, broadcasting and delivery of
`audio, video and multimedia entertainment content
`including text, data, images, audio, video and
`audiovisual files by means of the internet, wireless
`communication, electronic communications
`networks and computer networks.
`
`Class 38: Media services in the nature of electronic
`transmission, broadcasting and delivery of audio,
`video and multimedia entertainment content
`including text, data, images, audio, video and
`audiovisual files by means of the internet, wireless
`communication, electronic communications
`networks, computer networks, telecommunications
`networks, information services networks and data
`networks.
`
`Class 41: Entertainment services, namely,
`multimedia program series featuring news, current
`events, sports, weather, government, education,
`entertainment, dining, travel and leisure distributed
`via various platforms across multiple forms of
`transmission media.
`
`Class 41: Entertainment services, namely,
`multimedia program series featuring information
`about current events, sports, weather, government,
`education, entertainment, dining, travel and leisure
`distributed via various platforms across multiple
`forms of transmission media.
`
`Class 41: Entertainment services, namely, an annual
`contest and award program for recognition of
`distinguished achievement of select individuals who
`make an impact on society distributed via various
`platform

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