Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1261198
`01/20/2023
`
`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
`
`DC Comics
`
`01/22/2023
`
`2900 WEST ALAMEDA AVENUE
`BURBANK, CA 91505
`UNITED STATES
`
`LEO KITTAY
`FROSS ZELNICK LEHRMAN & ZISSU, P.C.
`151 WEST 42ND STREET, 17TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: lkittay@fzlz.com
`Secondary email(s): jweinberger@fzlz.com, dnuzzaci@fzlz.com, ttabfil-
`ing@fzlz.com
`212-813-5900
`
`Docket no.
`
`DCC 2209982
`
`Applicant information
`
`Application no.
`
`97016036
`
`01/20/2023
`
`Opposition filing
`date
`
`Applicant
`
`Publication date
`
`07/26/2022
`
`Opposition period
`ends
`
`01/22/2023
`
`Kannonball Insurance Solutions llc
`2104 W WASHINGTON ST
`STEPHENVILLE, TX 76401
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 036. First Use: Aug 1, 2019 First Use In Commerce: Aug 1, 2019
`All goods and services in the class are opposed, namely: Insurance agencies; Insurance brokerage;
`Insurance consultation; Insurance information
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Dilution by blurring
`
`Trademark Act Sections 2 and 43(c)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`6216420
`
`Application date
`
`05/19/2020
`
`

`

`Register
`
`Principal
`
`Registration date
`
`12/08/2020
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 030. First use: First Use: 2019 First Use In Commerce: 2019
`Frozen confections; Tortilla chips
`
`U.S. registration
`no.
`
`6029421
`
`Register
`
`Principal
`
`Registration date
`
`04/07/2020
`
`Word mark
`
`Design mark
`
`WW
`
`Application date
`
`02/03/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "WW" in a stylized format.
`
`Class 009. First use: First Use: Sep 19, 2017 First Use In Commerce: Sep 19,
`2017
`Motion picture films featuring comedy, drama, action, adventure and animation,
`and motion picture films for broadcast on television featuring comedy, drama,
`action, adventure and animation; audio video discs, and digital versatile discs
`featuring music, comedy, drama, action, adventure, and animation; mouse pads;
`sunglasses and cases therefor; computer game software for gaming machines
`including slot machines; computer software and firmware for playing games of
`chance on any computerized platform; downloadable electronic publications in
`the nature of books featuring characters from animated, action adventure, com-
`edy and drama features, comic books, children's books, strategy guides for com-
`puter games; cellular telephone accessories, namely, cellular telephone covers
`and cellular telephone face covers; decorative magnets
`
`U.S. registration
`no.
`
`1221717
`
`Register
`
`Principal
`
`Registration date
`
`12/28/1982
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`05/10/1982
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 016. First use: First Use: Oct 10, 1941 First Use In Commerce: Oct 10,
`1941
`Comic Magazines
`
`U.S. registration
`no.
`
`1388425
`
`Register
`
`Principal
`
`Registration date
`
`04/01/1986
`
`Application date
`
`09/13/1985
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 028. First use: First Use: Jul 31, 1974 First Use In Commerce: Jul 31,
`1974
`TOYS, NAMELY TOY DOLLS
`
`U.S. registration
`no.
`
`5324415
`
`Register
`
`Principal
`
`Registration date
`
`10/31/2017
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`10/25/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: 1998 First Use In Commerce: 1998
`Clothing for men, women and children, namely, shirts, t-shirts, sweatshirts, jog-
`ging suits, trousers, pants, shorts, tank tops, rainwear, cloth baby bibs, skirts,
`blouses, dresses, suspenders, sweaters, jackets, coats, raincoats, ties, robes,
`hats, caps, sunvisors, gloves, belts, scarves, sleepwear, pajamas, lingerie, un-
`derwear, boots, shoes, sneakers, sandals, socks, booties, slipper socks, swim-
`wear and masquerade and Halloween costumes and masks sold in connection
`therewith
`
`U.S. registration
`no.
`
`5408174
`
`Register
`
`Principal
`
`Registration date
`
`02/20/2018
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`

`

`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 014. First use: First Use: Jun 1, 2004 First Use In Commerce: Jun 1, 2004
`Clocks; watches; jewelry; bracelets; charms; earrings; lapel pins; necklaces; or-
`namental pins; rings; beads for making jewelry; leather jewelry
`
`U.S. registration
`no.
`
`5408175
`
`Register
`
`Principal
`
`Registration date
`
`02/20/2018
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 018. First use: First Use: Jan 15, 2009 First Use In Commerce: Jan 15,
`2009
`Backpacks, book bags, messenger bags, tote bags, knapsacks, leather shop-
`ping bags, textile shopping bags, re-useable shopping bags; umbrellas; wallets;
`accessories made of leather, namely, handbags
`
`U.S. registration
`no.
`
`5413518
`
`Register
`
`Principal
`
`Registration date
`
`02/27/2018
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`NONE
`
`

`

`Goods/services
`
`Class 032. First use: First Use: Feb 1, 2016 First Use In Commerce: Feb 1,
`2016
`non-alcoholic beverages, namely, soft drinks
`
`U.S. registration
`no.
`
`5428643
`
`Register
`
`Principal
`
`Registration date
`
`03/20/2018
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`05/22/2014
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 003. First use: First Use: Jan 2011 First Use In Commerce: Jan 2011
`Cosmetics, namely, lipstick, lip gloss; eye shadow; nail enamel; nail polish; per-
`fume; scented body spray; soaps, namely, gel bath soap
`
`U.S. registration
`no.
`
`5536272
`
`Register
`
`Principal
`
`Registration date
`
`08/07/2018
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: 1975 First Use In Commerce: 1975
`Motion picture films featuring comedy, drama, action, adventure and animation,
`and motion picture films for broadcast on television featuring comedy, drama,
`action, adventure and animation; digital versatile discs featuring music, comedy,
`drama, action, adventure, and animation; stereo headphones; mouse pads;
`sunglasses; computer game software for use on mobile and cellular phones;
`computer game software for gaming machines including slot machines; com-
`
`

`

`puter software and firmware for playing games of chance on any computerized
`platform, including video based slot machines, reel based slot machines; down-
`loadable electronic publications in the nature of books featuring characters from
`animated, action adventure, comedy and/or drama features, comic books, chil-
`dren's books; cellular telephone accessories, namely, cellular telephone covers
`and cellular telephone face covers; encoded magnetic cards, namely, debit
`cards; and decorative magnets
`
`U.S. registration
`no.
`
`5536273
`
`Register
`
`Principal
`
`Registration date
`
`08/07/2018
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 016. First use: First Use: Oct 10, 1941 First Use In Commerce: Oct 10,
`1941
`Printed matter and paper goods, namely, books featuring characters from anim-
`ated, action adventure, comedy and drama features, comic books, children's
`books, coloring books, children's activity books; envelopes, notebooks, diaries,
`note cards, greeting cards; pens; decals; posters; book marks, calendars; paper
`party decorations, namely, paper napkins, invitations; printed patterns for cos-
`tumes
`
`U.S. registration
`no.
`
`5649663
`
`Register
`
`Principal
`
`Registration date
`
`01/08/2019
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 021. First use: First Use: Jun 2010 First Use In Commerce: Jun 2010
`Glass and ceramic goods, namely, bowls, plates, coffee cups, and cups; bever-
`age glassware, namely, drinking glasses; cookie jars; toothbrushes; household
`serving utensils, namely, spatulas; thermal insulated containers for food or
`beverages; cookie cutters; water bottles sold empty; and dinnerware, namely,
`paper plates
`
`U.S. registration
`no.
`
`5649664
`
`Register
`
`Principal
`
`Registration date
`
`01/08/2019
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`WONDER WOMAN
`
`NONE
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Goods/services
`
`Class 028. First use: First Use: Jul 31, 1974 First Use In Commerce: Jul 31,
`
`

`

`1974
`Toys, including games and playthings, namely, action figures and accessories
`therefor; playsets for action figures; plush toys; balloons; ride-on toys; playing
`cards; toy vehicles; dolls; game equipment sold as a unit for playing a board
`game; stand alone video output game machines; slot machines; gaming equip-
`ment, namely, slot machines with or without video output; jigsaw and manipulat-
`ive puzzles; swimming floats for recreational use; toy sets in the nature of toy
`construction sets; Christmas tree ornaments; Halloween costume masks
`
`U.S. registration
`no.
`
`5656164
`
`Register
`
`Principal
`
`Registration date
`
`01/15/2019
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 024. First use: First Use: Dec 2010 First Use In Commerce: Dec 2010
`Bath linens, namely, bath towels; bed linens, namely, bed blankets, bed sheets,
`pillow cases, comforters, pillow shams; cotton and polyester fabric; kitchen lin-
`ens, namely, dish cloths, kitchen towels
`
`U.S. registration
`no.
`
`5680985
`
`Register
`
`Principal
`
`Registration date
`
`02/19/2019
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 005. First use: First Use: Apr 2018 First Use In Commerce: Apr 2018
`Adhesive plastic bandages for skin wounds
`
`U.S. registration
`no.
`
`5680986
`
`Register
`
`Principal
`
`Registration date
`
`02/19/2019
`
`Application date
`
`05/07/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 020. First use: First Use: 2002 First Use In Commerce: 2002
`Sleeping bags, plastic cake decorations, non-metal and non-leather key chains,
`picture frames, pillows
`
`U.S. registration
`no.
`
`6113794
`
`Register
`
`Principal
`
`Application date
`
`05/07/2016
`
`

`

`Registration date
`
`07/28/2020
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WONDER WOMAN
`
`NONE
`
`Class 041. First use: First Use: Nov 7, 1975 First Use In Commerce: Nov 7,
`1975
`Entertainment services, namely, providing online video games, providing online
`computer games, providing temporary use of non-downloadable video games;
`entertainment services, namely, video and computer game services provided
`on-line from a computer network; entertainment services in the nature of live-
`action, comedy, drama, animated, and reality television series; production of
`live-action, comedy, drama, animated and reality television series; entertainment
`services, namely, distribution and display of live-action, comedy, drama and an-
`imated motion picture theatrical films; production of live-action, comedy, drama
`and animated motion picture theatrical films; live action theatrical performances;
`entertainment services, namely, displaying a series of pre-recorded animated
`theatrical performances; providing information via an electronic global computer
`network in the field of entertainment relating specifically to games, music,
`movies, and television; providing non-downloadable film clips in the field of tele-
`vision and motion pictures, photographs and other multimedia materials in the
`nature of pre-recorded music, ringtones, screensavers, emojis, desktop wallpa-
`per, movie trailers, and still images from television shows and motion pictures,
`for entertainment purposes via a web site; providing news about current events
`and entertainment, and information related to education and cultural events, via
`a global computer network; and providing information in the field of entertain-
`ment via an electronic global communications network; entertainment services,
`namely, the provision of continuing programs featuring live-action, comedy,
`drama and animation delivered via an electronic global communications net-
`work; production of live-action, comedy, drama and animated motion picture
`films for distribution via a global computer network; providing an online computer
`game that may be accessed by a telecommunications network; and electronic
`publishing services, namely, publication of text and graphic works of others on-
`line featuring articles, novelizations, scripts, comic books, strategy guides, pho-
`tographs and visual materials; non-downloadable electronic publications in the
`nature of books featuring characters from animated, action adventure, comedy
`and drama features, comic books, children's books, strategy guides for com-
`puter games, video games and board games, magazines featuring characters
`from animated, action adventure, comedy and drama features, coloring books,
`children's activity books and magazines in the field of entertainment; amuse-
`ment parks services; provision of amusement park rides; entertainment services,
`namely, presentation of live show performances; entertainment services,
`namely, displaying a series of pre-recorded show performance and movies; en-
`tertainment and recreation information; electronic game services provided via a
`global computer network; providing of casino and gaming facilities; entertain-
`ment services in the nature of organizing film exhibitions and film distribution
`
`U.S. registration
`no.
`
`6130733
`
`Register
`
`Principal
`
`Registration date
`
`08/18/2020
`
`Word mark
`
`WONDER WOMAN
`
`Application date
`
`12/20/2017
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 041. First use: First Use: Sep 30, 2014 First Use In Commerce: Sep 30,
`2014
`Entertainment services, namely, casino gaming; Electronic casino gaming ser-
`vices
`
`U.S. registration
`no.
`
`6130732
`
`Register
`
`Principal
`
`Registration date
`
`08/18/2020
`
`Word mark
`
`Design mark
`
`WONDER WOMAN
`
`Application date
`
`12/20/2017
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 028. First use: First Use: Sep 30, 2014 First Use In Commerce: Sep 30,
`2014
`Gaming machines, namely, devices which accept a wager; Reconfigurable
`casino and lottery gaming equipment, namely, gaming machines and operation-
`al computer games software therefor sold as a unit
`
`U.S. registration
`no.
`
`5438751
`
`Register
`
`Principal
`
`Registration date
`
`04/03/2018
`
`Application date
`
`02/03/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`WW
`
`The mark consists of the letters "WW" in a stylized format.
`
`

`

`Goods/services
`
`Class 018. First use: First Use: Apr 29, 2017 First Use In Commerce: Apr 29,
`2017
`backpacks, book bags, messenger bags, tote bags, knapsacks, wallets
`
`U.S. registration
`no.
`
`5443824
`
`Register
`
`Principal
`
`Registration date
`
`04/10/2018
`
`Application date
`
`02/03/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WW
`
`The mark consists of the letters "WW" in a stylized format.
`
`Class 014. First use: First Use: Apr 29, 2017 First Use In Commerce: Apr 29,
`2017
`Clocks; watches; jewelry; brooches; earrings; necklaces; ornamental pins
`
`U.S. registration
`no.
`
`5443825
`
`Register
`
`Principal
`
`Registration date
`
`04/10/2018
`
`Application date
`
`02/03/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WW
`
`The mark consists of the letters "WW" in a stylized format.
`
`Class 016. First use: First Use: Apr 29, 2017 First Use In Commerce: Apr 29,
`2017
`Printed matter and paper goods, namely, books featuring characters from anim-
`ated, action adventure, comedy and drama features; children's books, note-
`books, diaries, greeting cards, pens, decals, posters, calendars
`
`U.S. registration
`no.
`
`5443826
`
`Register
`
`Principal
`
`Registration date
`
`04/10/2018
`
`Application date
`
`02/03/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`WW
`
`The mark consists of the letters "WW" in a stylized format.
`
`Class 025. First use: First Use: Apr 29, 2017 First Use In Commerce: Apr 29,
`2017
`Clothing for men, women and children, namely, shirts, T-shirts, sweatshirts,
`pants, shorts, tank tops, dresses, sweaters, jackets, coats, hats, caps, sleep-
`wear, pajamas, lingerie, underwear, boots, shoes, sneakers, socks, masquerade
`and Halloween costumes
`
`U.S. registration
`no.
`
`5443827
`
`Register
`
`Principal
`
`Application date
`
`02/03/2016
`
`

`

`Registration date
`
`04/10/2018
`
`Word mark
`
`Design mark
`
`WW
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the letters "WW" in a stylized format.
`
`Class 028. First use: First Use: Mar 31, 2017 First Use In Commerce: Mar 31,
`2017
`Toys, including games and playthings, namely, action figures and accessories
`therefor; plush toys; playing cards; toy vehicles; dolls; jigsaw and manipulative
`puzzles; Christmas tree ornaments; Halloween masks in the nature of costume
`masks and toy masks
`
`U.S. registration
`no.
`
`5448984
`
`Register
`
`Principal
`
`Registration date
`
`04/17/2018
`
`Application date
`
`02/03/2016
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`WW
`
`The mark consists of the letters "WW" in a stylized format.
`
`Class 003. First use: First Use: Apr 29, 2017 First Use In Commerce: Apr 29,
`2017
`cologne and perfume
`
`86896022#TMSN.png( bytes )
`86798589#TMSN.png( bytes )
`87028724#TMSN.png( bytes )
`87028735#TMSN.png( bytes )
`86289807#TMSN.png( bytes )
`87028720#TMSN.png( bytes )
`87728499#TMSN.png( bytes )
`87728461#TMSN.png( bytes )
`86896058#TMSN.png( bytes )
`F4979060.pdf(2546252 bytes )
`
`Signature
`
`Name
`
`/Leo Kittay/
`
`Leo Kittay
`
`

`

`Date
`
`or72020e3
`01/20/2023
`
`

`

`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`DC COMICS,
`
`
`
`
`
`
`
`
`
`Opposer,
`
`-against-
`
`
`
`
`
`
`
`KANNONBALL INSURANCE
`SOLUTIONS LLC,
`
`Applicant.
`
`NOTICE OF OPPOSITION
`
`DC Comics (“Opposer”), a New York partnership located at 2900 West Alameda
`
`Avenue, Burbank, California 91505, believes that it will be damaged by the issuance of a
`
`registration to Kannonball Insurance Solutions LLC (“Applicant”) for the mark MEDICARE
`
`WONDER WOMAN (“Applicant’s Mark”) as applied for in U.S. Trademark Application Serial
`
`No. 97016036 (the “Application”) and therefore opposes the same. As grounds for the
`
`opposition, Opposer alleges as follows:
`
`1.
`
`Opposer, along with its predecessors-in-interest (collectively, “DC Comics”), is
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`the publisher of comic books and magazines featuring comic characters and stories, including the
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`world-famous character Wonder Woman. DC Comics is among the most well-known and
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`successful publishers of comic magazines in the world.
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`2.
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`Opposer exploits its well-known characters in a variety of ways, well beyond their
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`appearances in its entertainment products such as motion pictures, animated programming, and
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`comic books. Indeed, it has become common practice for owners of entertainment programming,
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`motion pictures, and characters to exploit commercially the popularity of their well-known
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`symbols, names, characters, and elements in connection with a wide range of merchandise. The
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`broad reach and deep emotional impact of those entertainment products create unparalleled
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`goodwill in the names, characters, and symbols from those products and generate a robust
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`licensing business in virtually limitless categories of goods and services. Such additional uses
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`include video games, advertising and promotional services, and a wide array of licensed
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`consumer products including bandages, wallets, food and beverage, apparel, toys, games,
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`collectibles, footwear, fine arts, pet products, stationery and other paper products, credit cards,
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`and themed attractions, to name a few. Consumers today have come to expect that, when
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`elements from entertainment products appear on or in connection with goods or services, such
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`uses are associated with and licensed by the rights holder.
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`3.
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`Over the many years since the Wonder Woman character was first introduced in
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`1941, DC Comics has focused an enormous amount of attention and effort to develop the
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`Wonder Woman mythos, including the character, her associates, her world, and other indicia
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`associated with her. Throughout the period of Wonder Woman’s existence, DC Comics has
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`invested a vast amount of creative energy and resources to continually update and improve the
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`Wonder Woman property to keep the character and her adventures timely and fresh in the
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`public’s mind. DC Comics’ efforts in this regard have led to a vast array of literary works,
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`television series, and feature films, which fully explore in great depth Wonder Woman herself
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`and the fictional world inhabited by her. Due to DC Comics’ extraordinary nurturing of the
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`Wonder Woman mythos, the character and her universe have captured the popular imagination,
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`and it is beyond dispute that today the Wonder Woman lore is one of a rarified group of legends
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`known and loved throughout the world.
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`4.
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`Because of DC Comics’ shepherding and careful development of not just the
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`Wonder Woman character, but also her universe and the people, places, and things that populate
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`that universe, Wonder Woman has become associated with certain names, symbols, and indicia
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`which, in the public mind, are inextricably linked with the Wonder Woman character and which
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`function as trademarks, both for entertainment works featuring Wonder Woman and also for
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`various goods and services for which DC Comics has licensed others to use these marks. Among
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`these indicia is the WONDER WOMAN word mark (the “WONDER WOMAN Mark”), the
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`Wonder Woman character’s likeness (including without limitation her dark hair, gold tiara, red
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`and gold corset, blue skirt, bracers, and rope accessory), and the wing-tipped WW emblem that
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`appears on Wonder Woman’s costume and equipment (the “WW Logo,” and together with
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`Wonder Woman’s likeness and the WONDER WOMAN Mark, collectively, “Opposer’s
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`Marks”), exemplary uses of which are shown below:
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`5.
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`Opposer’s Marks have been used in connection with the Wonder Woman
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`franchise since at least as early 1941 and appear across virtually all media in which the Wonder
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`Woman character is exploited. For example, DC Comics (through its licensee) recently produced
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`two motion picture films about the Wonder Woman character: Wonder Woman (2017) and
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`Wonder Woman 1984 (2020). The marketing and promotion for both films heavily featured
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`Opposer’s Marks, as shown above (far right).
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`6.
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`Opposer is the owner of all right, title, and interest in and to Opposer’s Marks in
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`connection with a vast array of goods and services based on first use in commerce prior to any
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`date upon which Applicant can rely.
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`7.
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`Moreover, consistent with consumers’ expectations, Opposer has licensed the
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`rights for various goods and services bearing Opposer’s Marks, including in connection with
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`entertainment products (such as motion pictures and television programs) as well as in
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`connection with consumer goods and services with which entertainment properties are
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`traditionally licensed (such as clothing, shoes, jewelry, watches, accessories, toys and figurines,
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`costumes, cosmetics and makeup, posters and stationery, drinkware, kitchenware, and masks).
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`8.
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`As a result of Opposer’s reputation, use, enormous sales success, and significant
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`investment in advertising, Opposer’s Marks have developed secondary meaning and significance
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`in the minds of the public and have become strong trademarks in identifying Opposer’s goods
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`and services exclusively. As such, Opposer’s Marks represent enormous goodwill and are an
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`extremely valuable asset to Opposer.
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`9.
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`As a result of Opposer’s reputation, use, substantial sales success, inestimable
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`popularity, and significant investment in advertising, Opposer’s Marks have become famous
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`trademarks and became famous prior to any date upon which Applicant can rely.
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`10.
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`Opposer owns numerous U.S. trademark registrations for Opposer’s Marks in
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`connection with a wide array of goods and services including, but not limited to, the following:
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`Mark
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`Reg. No. Reg. Date
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`Goods/Services
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`WONDER WOMAN
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`1221717
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`12/28/1982
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`IC 16: Comic magazines
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`WONDER WOMAN
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`1388425
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`4/1/1986
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`IC 28: Toys, namely toy dolls
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`WONDER WOMAN
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`5324415
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`10/31/2017
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`IC 25: Clothing for men, women and
`children, namely, shirts, t-shirts,
`sweatshirts, jogging suits, trousers, pants,
`shorts, tank tops, rainwear, cloth baby bibs,
`skirts, blouses, dresses, suspenders,
`sweaters, jackets, coats, raincoats, ties,
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`Mark
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`Reg. No. Reg. Date
`
`WONDER WOMAN
`
`5408174
`
`2/20/2018
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`WONDER WOMAN
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`5408175
`
`2/20/2018
`
`WONDER WOMAN
`
`5413518
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`2/27/2018
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`WONDER WOMAN
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`5428643
`
`3/20/2018
`
`WONDER WOMAN
`
`5536272
`
`8/7/2018
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`Goods/Services
`robes, hats, caps, sunvisors, gloves, belts,
`scarves, sleepwear, pajamas, lingerie,
`underwear, boots, shoes, sneakers, sandals,
`socks, booties, slipper socks, swimwear
`and masquerade and Halloween costumes
`and masks sold in connection therewith
`IC 14: Clocks; watches; jewelry; bracelets;
`charms; earrings; lapel pins; necklaces;
`ornamental pins; rings; beads for making
`jewelry; leather jewelry
`IC 18: Backpacks, book bags, messenger
`bags, tote bags, knapsacks, leather
`shopping bags, textile shopping bags, re-
`useable shopping bags; umbrellas; wallets;
`accessories made of leather, namely,
`handbags
`IC 32: Non-alcoholic beverages, namely,
`soft drinks
`IC 3: Cosmetics, namely, lipstick, lip
`gloss; eye shadow; nail enamel; nail polish;
`perfume; scented body spray; soaps,
`namely, gel bath soap
`IC 9: Motion picture films featuring
`comedy, drama, action, adventure and
`animation, and motion picture films for
`broadcast on television featuring comedy,
`drama, action, adventure and animation;
`digital versatile discs featuring music,
`comedy, drama, action, adventure, and
`animation; stereo headphones; mouse pads;
`sunglasses; computer game software for
`use on mobile and cellular phones;
`computer game software for gaming
`machines including slot machines;
`computer software and firmware for
`playing games of chance on any
`computerized platform, including video
`based slot machines, reel based slot
`machines; downloadable electronic
`publications in the nature of books
`featuring characters from animated, action
`adventure, comedy and/or drama features,
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`Mark
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`Reg. No. Reg. Date
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`WONDER WOMAN
`
`5536273
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`8/7/2018
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`WONDER WOMAN
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`5649663
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`1/8/2019
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`WONDER WOMAN
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`5649664
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`1/8/2019
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`WONDER WOMAN
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`5656164
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`1/15/2019
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`Goods/Services
`comic books, children's books; cellular
`telephone accessories, namely, cellular
`telephone covers and cellular telephone
`face covers; encoded magnetic cards,
`namely, debit cards; and decorative
`magnets
`IC 16: Printed matter and paper goods,
`namely, books featuring characters from
`animated, action adventure, comedy and
`drama features, comic books, children's
`books, coloring books, children's activity
`books; envelopes, notebooks, diaries, note
`cards, greeting cards; pens; decals; posters;
`book marks, calendars; paper party
`decorations, namely, paper napkins,
`invitations; printed patterns for costumes
`IC 21: Glass and ceramic goods, namely,
`bowls, plates, coffee cups, and cups;
`beverage glassware, namely, drinking
`glasses; cookie jars; toothbrushes;
`household serving utensils, namely,
`spatulas; thermal insulated containers for
`food or beverages; cookie cutters; water
`bottles sold empty; and dinnerware,
`namely, paper plates
`IC 28: toys, including games and
`playthings, namely, action figures and
`accessories therefor; playsets for action
`figures; plush toys; balloons; ride-on toys;
`playing cards; toy vehicles; dolls; game
`equipment sold as a unit for playing a
`board game; stand alone video output game
`machines; slot machines; gaming
`equipment, namely, slot machines with or
`without video output; jigsaw and
`manipulative puzzles; swimming floats for
`recreational use; toy sets in the nature of
`toy construction sets; Christmas tree
`ornaments; Halloween costume masks
`IC 24: Bath linens, namely, bath towels;
`bed linens, namely, bed blankets, bed
`sheets, pillow cases, comforters, pillow
`shams; cotton and polyester fabric; kitchen
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`Mark
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`Reg. No. Reg. Date
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`Goods/Services
`linens, namely, dish cloths, kitchen towels
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`WONDER WOMAN
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`5680985
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`2/19/2019
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`WONDER WOMAN
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`5680986
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`2/19/2019
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`WONDER WOMAN
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`6113794
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`7/28/2020
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`IC 5: Adhesive plastic bandages for skin
`wounds
`IC 20: Sleeping bags, plastic cake
`decorations, non-metal and non-leather key
`chains, picture frames, pillows
`IC 41: Entertainment services, namely,
`providing online video games, providing
`online computer games, providing
`temporary use of non-downloadable video
`games; entertainment services, namely,
`video and computer game services
`provided on-line from a computer network;
`entertainment services in the nature of live-
`action, comedy, drama, animated, and
`reality television series; production of live-
`action, comedy, drama, animated and
`reality television series; entertainment
`services, namely, distribution and display
`of live-action, comedy, drama and
`animated motion picture theatrical films;
`production of live-action, comedy, drama
`and animated motion picture theatrical
`films; live action theatrical performances;
`entertainment services, namely, displaying
`a series of pre-recorded animated theatrical
`performances; providing information via
`an electronic global computer network in
`the field of entertainment relating
`specifically to games, music, movies, and
`television; providing non-downloadable
`film clips in the field of television and
`motion pictures, photographs and other
`multimedia materials in the nature of pre-
`recorded music, ringtones, screensavers,
`emojis, desktop wallpaper, movie trailers,
`and still images from television shows and
`motion pictures, for entertainment
`purposes via a web site; providing news
`about current events and entertainment,
`and information related to education and
`cultural events, via a global computer
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`Mark
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`Reg. No. Reg. Date
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`WONDER WOMAN
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`6130732
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`8/18/2020
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`Goods/Services
`network; and providing information in the
`field of entertainment via an electronic
`global communications network;
`entertainment services, namely, the
`provision of continuing programs featuring
`live-action, comedy, drama and animation
`delivered via an electronic global
`communications network; production of
`live-action, comedy, drama and animated
`motion picture films for distribution via a
`global computer network; providing an
`online computer game that may be
`accessed by a telecommunications
`network; and electronic publishing
`services, namely, publication of text and
`graphic works of others on-line featuring
`articles, novelizations, scripts, comic
`books, strategy guides, photographs and
`visual materials; non-downloadable
`electronic publications in the nature of
`books featuring characters from animated,
`action adventure, comedy and drama
`features, comic books, children's books,
`strategy guides for computer games, video
`games and board games, magazines
`featuring characters from animated, action
`adventure, comedy and drama features,
`coloring books, children's activity books
`and magazines in the field of
`entertainment; amusement parks services;
`provision of amusement park rides;
`entertainment services, namely,
`presentation of live show performances;
`entertainment services, namely, displaying
`a series of pre-recorded show performance
`and movies; entertainment and recreation