ESTTA Tracking number:
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`ESTTA1308632
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`Filing date:
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`09/07/2023
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91273412
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`Party
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`Correspondence
`address
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`Defendant
`Aubray McPherson,
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`AUBRAY MCPHERSON
`6337 W AVENUE J2
`LANCASTER, CA 93536
`UNITED STATES
`Primary email: aubray@webjedininja.com
`877-237-9069 x6
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Testimony For Defendant
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`Aubray McPherson
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`aubray@webjedininja.com
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`/Aubray McPherson/
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`09/07/2023
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`Attachments
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`Aubray McPherson Testimony .pdf(113848 bytes )
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`Opposition No. 91273412
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`Opposition No. 91273412
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`Case Name:
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`Serial No. 90572201
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`Lucasfilm Ltd. LLC, Lucasfilm Entertainment
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`Company Ltd. LLC (Opposers) v. Aubray
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`McPherson (Applicant)
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`Re: Defendant, Aubray McPherson, Testimony
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`August 31st, 2023
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`I, Aubray McPherson, am composing this testimony to provide insight into the genesis
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`and creation of my trademark, WEBJEDININJA, which has been in active use since June 2014.
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`As a lifelong learner, I have pursued multiple degrees across various fields, including the
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`attainment of Dual Bachelor's Degrees, a Master's Degree, and I am currently in the process of
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`obtaining a Ph.D. Additionally, I have amassed a diverse educational background that includes
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`fulfilling the associate requirements for degrees in Aircraft Fabrication & Design and
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`Administration of Justice, as well as completing trade school education in Cosmetology.
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`Furthermore, I maintain an active licensure in the State of California.
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`Beyond my formal degrees, I have diligently pursued a wide array of educational
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`endeavors, including coursework related to Special Education Teaching Credential, Law School,
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`Six Sigma, Google Certifications, extensive Customer Service Training, Business Management,
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`Opposition No. 91273412
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`Business Administrative Management, Finance Management, Financial Asset Management,
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`Financial Fraud Investigation, Nonprofit Management and Development, among many others.
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`I mention these achievements in my testimony not only to highlight my diverse
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`educational background but also to offer clarity on the origin and significance of the term
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`"WEBJEDININJA." This term represents more than just a name; it symbolizes support, hope,
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`guidance, and a valuable resource for thriving business communities, as perceived by members
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`of my direct and indirect community
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`To commence this testimony, it is essential to provide a contextual backdrop on the
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`genesis of WEBJEDININJA. For historical reference, it is crucial to understand that
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`WEBJEDININJA emerged during a tumultuous period when businesses were shuttering their
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`doors, homes were being boarded up, and people were fleeing the Antelope Valley due to the
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`devastating financial market crash of 2008. While many major metropolitan areas managed to
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`weather the storm due to their large populations, the Antelope Valley—a distinctive region
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`located 50 miles north of Los Angeles, within Los Angeles County—struggled to keep its small
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`business owners afloat.
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`At the time of the market crash, I was interning with an organization called Camino Real
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`Mortgage Bankers. My role within this institution centered around assisting applicants and
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`businesses in qualifying for mortgage loan products and services. While this was an unpaid
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`internship, it afforded me the invaluable opportunity to gain insight into the industry. However,
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`my tenure at Camino Real was short-lived as the institution ceased operations within 90 days of
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`the market crash announcement.
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`Concurrently, Countrywide, a major employer in the Antelope Valley, indicated that they
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`could not sustain the loans they had extended to consumers for residential and business
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`Opposition No. 91273412
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`properties due to their "no income verification required, adjustable rate mortgage" product.
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`Consequently, Bank of America acquired all of Countrywide's loans and servicing agreements,
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`resulting in the termination of many original Countrywide staff members. This development
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`opened up an opportunity for me to transition to Bank of America, which, at the time, was one of
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`the largest non-aerospace job providers in the Antelope Valley.
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`The relevance of this information to this testimony lies in my tenure with Bank of
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`America, spanning from 2009 to 2013. During these years, I acquired a wealth of knowledge
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`about the industry, the array of products and services available to consumers and businesses,
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`various investment strategies, financial assessment management services, and regulatory
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`considerations. However, within my 4 1/2 years with the organization, and as I witnessed the
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`surrounding economy deteriorate, it became evident that my time with Bank of America would
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`be short-lived as the institution announced in September 2013 that it was closing its Lancaster,
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`CA headquarters and laying off all employees, which at the time was close to over 2,500 people.
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`While I was offered the option to continue with the company, I found it impractical, as it would
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`have taken me away from my children. Consequently, Bank of America closed its doors in
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`October, providing many of us with severance and unemployment benefits.
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`I observed with a heavy heart as numerous individuals, some of whom had dedicated
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`over 25 years to the field and this organization, many of them single mothers without prior
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`education, concluded their careers with a two-month severance pay and no alternative
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`opportunities, as they lacked degrees or vocational training to fall back on. At this time I had just
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`completed my Dual Bachelor’s Degree, and assumed there would be opportunities available to
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`me. However, it became quickly apparent that as I witnessed the closure of many businesses, my
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`hometown began to crumble. I watched daily as more and more businesses were shutting down,
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`Opposition No. 91273412
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`homes began to stand abandoned, boarded up, and in a state of disrepair, while families grappled
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`with homelessness.
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`When reflecting on recent struggles, such as those brought about by COVID-19 and the
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`extensive national shutdown it precipitated, it's easy to overlook the hardships endured by
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`American families in the decade following the 2008 housing market crash. This adversity didn't
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`solely impact homeowners but had far-reaching consequences for entire communities, teetering
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`on the brink of collapse.
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`I bring up this historical context because it's relevant to understanding the genesis of
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`WEBJEDININJA. After the layoffs of 2013 and a dearth of employment opportunities in my
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`hometown, I embarked on a journey to establish something meaningful. At the time, I yearned
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`for a job that didn't tether me to 15-hour commutes in LA traffic. Simultaneously, I was
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`determined to reignite hope and create opportunities for individuals in my immediate
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`community. Armed with my experience, prior training, and a strong foundation in nonprofit work
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`ethic, I founded WEBJEDININJA as a symbol of hope and community support.
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`WEBJEDININJA was envisioned as the pioneer in bridging the divide between the needs
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`of small business owners and the resources available from larger corporations. A business at a
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`time, in which required the cultivation of partnerships within my community, to assure them that
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`I would facilitate the support required to attract customers to their establishments. Leveraging
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`my banking background, I reached out to multiple financial institutions, expressing
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`WEBJEDININJA's intent to resell their products as an Independent Sales Organization (ISO).
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`We aimed to be the ultimate destination for businesses nationwide, offering comprehensive
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`solutions to enhance their operations to ensure that these community pillars remained resilient.
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`While building these partnerships, I pursued working in education as the organization took time
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`Opposition No. 91273412
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`to build community trust. It was through my pursuit in further my background that I was able to
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`bring my knowledge of what was learned within these sectors to bridge the gaps of education
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`when it comes to pursuing a business. Having a background in Special Education, especially
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`when it came to take with the emotionally disturbed youth who were incarcerated provided me
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`the opportunity to help these young individuals identify and establish fundamental work ethics,
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`since their backgrounds may have prevented traditional employment opportunities for
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`individuals with criminal records, so I essentially taught them how to be entrepreneurs, and how
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`to obtain a legal income to once again return to society as a participating and functioning
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`working class citizen.
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`This how is what WEBJEDININJA stands for—helping dreamers turn their ideas into
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`reality while equipping them with the essential processes for success in their respective
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`industries. The mark was founded at a time when the Antelope Valley was grappling with high
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`poverty rates, local business closures, and business owners who lacked a comprehensive
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`understanding of the services and resources available to sustain their enterprises. Amid the
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`COVID-19 pandemic, WEBJEDININJA played a pivotal role in steering businesses forward,
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`providing training to small business owners on how to adapt and pivot during a period when their
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`government support waned.
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`It's worth emphasizing that the WEBJEDININJA brand has been in existence for nearly a
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`decade without any instances of consumer confusion regarding the products or services offered
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`under this banner or the core mission of this brand within the business-to-business spectrum.
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`I reiterate that WEBJEDININJA was established during a period of hardship for
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`community businesses in the Antelope Valley, marked by high poverty rates, closures, and
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`financial challenges. However, I affirm that Lucasfilm's "JEDI" mark had no bearing on the
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`Opposition No. 91273412
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`naming of this organization. The sustained operation without any such confusion underscores the
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`distinct separation between the two entities. Lucasfilm's "JEDI" is firmly rooted in the realm of
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`entertainment fantasy, bearing no resemblance to the services and expertise provided by
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`WEBJEDININJA
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`My journey in founding WEBJEDININJA is a testament to my commitment to the
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`community. It's important to highlight the various word formation processes explored during its
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`development, ultimately culminating in a name that is both unique and distinctive. These
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`processes encompass compounding, derivation, and blending. The compound nature of
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`"WEBJEDININJA" signifies a fusion of web-related services and the qualities embodied by a
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`ninja—precision, expertise, and agility. The derivation of the term underscores a focus on
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`web-related activities, while the blending of words yields a cohesive and memorable brand
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`identity.
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`What remains particularly noteworthy again is that WEBJEDININJA has operated for
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`over a decade without any significant confusion with Lucasfilm's trademarked term "JEDI."
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`Additionally, it's crucial to acknowledge that the formulation of WEBJEDININJA drew
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`inspiration from Japanese influence and culture, rather than any association with Lucasfilm. This
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`distinction is paramount. Japanese culture is renowned for its reverence for discipline, mastery,
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`and precision—qualities that align with the essence of a ninja. It was this reverence for these
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`qualities within Japanese culture that led to the choice of "WEBJEDININJA," rather than any
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`connection to Lucasfilm's "JEDI."
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`In conclusion, I urge consideration of the vision and work carried out by
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`WEBJEDININJA over the past decade. The formulation of this organization's name represents
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`not only a symbolic social movement that fosters hope for entrepreneurs and small business
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`owners but also a vital element within our community that must not be overlooked especially
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`since our nation is preparing to face upcoming challenging times once again.
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`Opposition No. 91273412
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`With appreciation,
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`Aubray McPherson, MPA
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`6337 W. Avenue J2
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`Lancaster, CA 93536
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`661-492-2650
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`aubray@webjedininja.com
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`Opposition No. 91273412
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`CERTIFICATE OF SERVICE
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`I certify that a true and accurate copy of the foregoing Testimony of Aubray
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`McPherson was submitted on September 7th, 2023 to all representing Plaintiffs on records at
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`the following email addresses:
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`david.kelly@kelly-ip.com
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`linda.mcleod@kelly-ip.com
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`clint.taylor@kelly-ip.com
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`larry.white@kelly-ip.com
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`/Aubray McPherson/
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`Aubray McPherson
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`aubray@webjedininja.com
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`1-877-237-9069 ext. 6
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`