Proceeding no.
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1434473
`05/09/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91289764
`
`Plaintiff
`NIKE, Inc.
`
`MICHAEL J. HARRIS
`ARNOLD & PORTER KAYE SCHOLER LLP
`70 W. MADISON STREET, SUITE 4200
`IP DOCKETING
`CHICAGO, IL 60602
`UNITED STATES
`Primary email: michael.harris@arnoldporter.com
`Secondary email(s): kathleen.duffy@arnoldporter.com,
`kim.hedgren@arnoldporter.com, trademarkdocketing@arnoldporter.com,
`charles.guarino@arnoldporter.com, michael.kientzle@arnoldporter.com
`312-583-2428
`Opposition/Response to Motion
`
`Michael J. Harris
`
`michael.harris@arnoldporter.com, michael.kientzle@arnoldporter.com, kath-
`leen.duffy@arnoldporter.com, kim.hedgren@arnoldporter.com, trademarkdock-
`eting@arnoldporter.com
`
`/Michael J. Harris/
`
`05/09/2025
`
`Nike-60.pdf(1147796 bytes )
`Nike-61.pdf(664537 bytes )
`Nike-62.pdf(1125378 bytes )
`Nike-63.pdf(1388062 bytes )
`Nike-64.pdf(533700 bytes )
`Nike-65.pdf(188199 bytes )
`Nike-66.pdf(1575455 bytes )
`Nike-67.pdf(1196557 bytes )
`Nike-68.pdf(921934 bytes )
`Nike-69.pdf(955379 bytes )
`Nike-70.pdf(696257 bytes )
`Nike-71.pdf(748727 bytes )
`Nike-72.pdf(1253034 bytes )
`Nike-73.pdf(1531202 bytes )
`Nike-74.pdf(1509251 bytes )
`Nike-75.pdf(1732330 bytes )
`Nike-76.pdf(969050 bytes )
`Nike-77.pdf(1119347 bytes )
`Nike-78.pdf(1469290 bytes )
`Nike-79.pdf(183870 bytes )
`Nike-80.pdf(182649 bytes )
`Nike-81.pdf(181961 bytes )
`Nike-82.pdf(205153 bytes )
`Nike-83.pdf(200085 bytes )
`Nike-84.pdf(186362 bytes )
`Nike-85.pdf(391511 bytes )
`Nike-86.pdf(186122 bytes )
`Nike-87.pdf(186964 bytes )
`Nike-88.pdf(188375 bytes )
`Nike-89.pdf(186161 bytes )
`
`

`

`Nike-90.pdf(571023 bytes )
`Nike-91.pdf(1879122 bytes )
`Nike-92.pdf(743446 bytes )
`Nike-93.pdf(346349 bytes )
`Nike-94.pdf(1039925 bytes )
`Nike-95.pdf(648821 bytes )
`Nike-96.pdf(534912 bytes )
`Nike-97.pdf(231663 bytes )
`Nike-98.pdf(281210 bytes )
`Nike-99.pdf(202708 bytes )
`Nike-100.pdf(165419 bytes )
`Nike-101.pdf(174296 bytes )
`Nike-102.pdf(176302 bytes )
`Nike-103.pdf(168957 bytes )
`Nike-104.pdf(2203385 bytes )
`Nike-105.pdf(1220985 bytes )
`Nike-106.pdf(1910292 bytes )
`Nike-107.pdf(1096194 bytes )
`Nike-108.pdf(1249859 bytes )
`Nike-109.pdf(923377 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-60
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page |
`
` LexisNexis”
`
`FOCUS - 116 of 620 DOCUMENTS
`
`Copyright 2003 Gannett Company,Inc.
`USA TODAY
`
`June 17, 2003, Tuesday, FINAL EDITION
`
`SECTION: MONEY; Pg. 7B
`
`LENGTH: 685 words
`
`HEADLINE: Here comethe judges
`
`BYLINE: Michelle Oh and Julie Gordon
`
`BODY:
`Ninety-nine top ad executives from around the worldare gathering at the 50th Annual Cannes Lions Advertising Fes-
`tival this week in France to wade through 16,392 entries from 70 countries in five different competitions. Their mission:
`to decide whois awarded Gold, Silver and Bronze Lionsat the "Olympics of Advertising.”
`
`The USAis well represented, with nine of the judges. And U.S. agency executives are leading three of the five
`judging panels as jury presidents.
`
`Dan Wieden, CEO andchiefcreative officer of Wieden & Kennedyin Portland, Ore., is jury president for both the
`Film and Outdoorand Pressjuries that pick the best TV, print and billboard ads. Daniel Morel, CEO of Wundermanin
`New York, heads the Lions Direct jury, which rewards the best direct marketing efforts.
`
`Serving as a Cannes Lions juroris a career highlight, but there's also accountability.
`In many competitions, the judges pick winners months in advance and then show up on awardsnight. But at
`CannesLions, attendeesget to view the entries themselves-- before the juries cut them to a so-called short list of con-
`tenders and then to winners.
`
`That lets everybody judge the judges -- and their picks. Many a judge has had to explain to critics from their home
`regions why an ad didn't makethe cut to the short list. Or why one took homea bronze instead ofgold.
`
`Here's a look at the U.S. judges at Cannes Lions:
`
`Film (TV and cinema)
`* Wieden. Jury president and also heads Press & Poster jury. Claim to Fame: has overseen creation of some ofthe
`most popular ad campaigns, including "Just Do It" for Nike and "This is SportsCenter" for ESPN. Leadsone of the ad
`industry's few remaininglarge independent agencies ($ 800 millionin billings; offices in New York, Amsterdam, Lon-
`don and Tokyo).
`
`* Steve Rabosky,chiefcreative officer, Saatchi & Saatchi, Los Angeles. Claim to Fame: helped create popular ad
`campaigns for Energizer and Apple Computer. Currently oversees creative efforts for Toyota Motor Sales USA.
`
`Outdoor and Press(billboards, print ads)
`
`* Gary Koepke, co-founder, Modernista, Boston. Claim to fame: The creative director and graphic designer has
`won gold awards in most major design shows. Previously worked on Nike, ESPN and Coca-Cola campaigns at Wieden
`& Kennedy. Little-known fact: founding creative director of Vibe magazine.
`
`

`

`Here comethe judges USA TODAYJune 17, 2003, Tuesday,
`
`Page 2
`
`Cyber (Websites, online ads)
`
`* Leonard Ellis, executive vice president, Wunderman, New York. Claim to fame: has pioneered online marketing
`strategies -- before, during and after the dot-com bubble. Heads Wunderman'sinteractive strategy and handlesits al-
`liances with WPP Group andothers.
`
`Direct (direct mail, telemarketing, interactive)
`
`* Morel. Jury president. Claim to fame: leads one of the world's biggest direct-marketing services companies with
`$ 380 million in revenue. Little-known fact: served three years in the French Navy.
`
`* Carla Hendra, president, OgilvyOne North America, New York. Claim to fame: manages North Americastaff of
`more than 600 in nineoffices. Clients include IBM, American Express, AT&T Wireless. Headed 2001 Cyberjury.
`
`* Shelley Lanman, chief creative officer, Draft Worldwide, New York. Claim to fame: leads team on brandsin-
`cluding Verizon, American Express, Novartis and Hewlett-Packard.
`
`Media(planning, buying
`
`* Fred Sattler, executive media director, Doner Advertising, Southfield, Mich. Claim to fame: a 20-year media
`veteran, he becamethe country's first director of media strategy at TB WA/Chiat/Day in Los Angeles, where he com-
`bined the account planning and media planning functions.
`
`* Mark Stewart, director of strategy, Universal McCann, New York. Claim to fame: Promoted to North American
`Media Director in 1997, Stewart has helped win accounts such as Sony, Motorola and Sprint. Named "1999 U.S. Media
`Director of the Year" by MediaWeek.
`
`Contributing: Michael McCarthy in Cannes, France
`
`GRAPHIC: PHOTO,B/W; Carla Hendra
`
`LOAD-DATE: June 17, 2003
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-61
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page |
`
` LexisNexis
`
`FOCUS - 98 of 620 DOCUMENTS
`
`Copyright 2004 Chicago Sun-Times, Inc.
`Chicago Sun-Times
`
`September 2, 2004 Thursday
`
`SECTION: NEWS; Pg. 22
`
`LENGTH: 299 words
`
`HEADLINE: Corporate logos in parks? Daley thinksit's 'fantastic';
`Says companies deserveit if they foot the bill
`
`BYLINE: Fran Spielman
`
`BODY:
`
`Moveover, Nike. If Mayor Daley has his way, Chicago will have even more new parks with corporate names and
`logos.
`
`One day after the watchdog group Friends of the Parks urged City Hall to make Chicago parks a refuge from
`commercialization, Daley publicly embraced the Nike "swoosh"-- symbolizing the winged Greek goddess-- on the
`newsoccerfield in Douglas Park.
`
`"It's great, fantastic. Look at Millennium Park. You see names all over, right? Nothing wrong with that... .1
`thank Nike for contributing that and doing it. We should recognize that," the mayorsaid.
`
`If Chicago corporations want to cough up the bucksto help the city build more parks andathletic fields, Daleyis
`more than happy to return the favorby plastering their names or corporate logos
`across the city. But, he denied that
`parks are "for sale."
`
`all these things, why not? That's the only way
`"If someone's willing to build a soccer field, a baseball field --
`you're going to do it. Theydo it in private stadiums. Why can't we doit for public
`facilities? It would befantastic,"
`he said.
`
`"If we can get the Chicago Sun-Timesto sponsor something fora million dollars,I'll put a Sun-Timeslogo onit.
`Channel 2, 5,7, Fox, CLTV. Comeon. I want 10, 15, 20 million [dollars].... Walk right down here on Michigan
`[Avenue] andit says right there, Chicago Tribune Foundation ice skating rink.’ You haven't criticized that. Why not?
`Whycan they do it? ... Now, you're holding somebodyto a different standard. Treat everyone the same. Please."
`
`The Chicago Sun-Times reported this week that the "swoosh" was
`artificial turfin exchange for a $500,000 donation.
`
`embedded in the Douglas Park soccerfield's
`
`GRAPHIC: A Nike logo is part of the Douglas Parksoccerfield. John H. White
`
`LOAD-DATE: September8, 2004
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-62
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page |
`
`
`
`LexisNexis”
`
`an
`
`FOCUS- 97 of 620 DOCUMENTS
`
`Copyright 2004 The New York Times Company
`The New York Times
`
`November7, 2004 Sunday
`Late Edition - Final
`
`SECTION: Section 3; Column 4; SundayBusiness; OPENERS: THE GOODS; Pg.2
`
`LENGTH: 614 words
`
`HEADLINE: Shouldn't Have Had That Second Piece
`
`BYLINE: By Brendan I. Koerner
`
`BODY:
`
`axwell House, as virtually everyone
`
`knows,is "good to the last drop"ANiK@limploresVoultoNjustldoit”and Jolt Cola has "all the sugar, twice the caffeine."
`
`The last aphorism doesn't ring a bell? Then you probably weren't a preteen whenJolt was introduced in 1986. The
`jitters-inducing soft drink was briefly a junior-high-school fad before maturing into a niche brand, popular among com-
`puter nerds. Yet nostalgia for Jolt runs deep in the under-35 set, as Kevin Gass and Laurence Molloy discovered. When
`the entrepreneurs surveyed 1,000 young consumers in 2000, they found that 80 percentstill knew theJolt slogan by
`heart. "That was,like, the light-bulb flash over our heads," said Mr. Gass. "At that point, we came up with putting Jolt in
`a gum.”
`
`Jolt Gum,like its cola counterpart, provides a speedy kick -- two tablets contain the caffeine equivalent of a cup of
`coffee. At 12 pieces per $1.49 pack, there are few cheaper ways to catch a caffeine buzz, said Mr. Gass, who founded
`GumRunners L.L.C. with Mr. Molloy to develop and market Jolt Gum.
`
`The concept is simple enough, but the product's voyage from conceptto shelf took far longer than expected. Gu-
`mRunnersfirst had to obtain a license from the maker of Jolt Cola, Wet Planet Beverages in Rochester. Mr. Gass and
`Mr. Molloy, both former marketing executives at Colgate-Palmolive, pitched the gum as yet another way to exploit
`Jolt's cachet among consumers whohit puberty in the Reagan era. The idea dovetailed with Wet Planet's recent
`brand-building tactic of placing the Jolt logo on everything from key chains to thong underwear.
`
`License in hand, GumRunnershad to formulate a gum that energized chewers but didn't taste like potting soil.
`Pure caffeine has an intolerably bitter flavor, one that the company hada tricky time masking. "We went throughitera-
`tion after iteration,” said Mr. Gass, who estimated that GumRunners producedfour tons worth oftest pieces. "It took us
`twoyears to get the product ready to go."
`
`Jolt Gum mighthave still been on the drawing board without the aid of Mauricio Bobadilla, the food scientist who
`finally perfected the six-sweetener blend, featuring everything from dextrose to aspartame. Mr. Gass compares Mr. Bo-
`badilla's work to that done by acoustic engineers, who use inverse sound wavesto block out noise. AtGumRunners
`headquarters in Hackensack, N.J., Mr. Bobadilla is referred to simply as MM -- "Magic Man."
`
`The gum spent most of 2003 in test markets in New England and Oklahoma before going nationwidelast January.
`It is now available in about 10,000 stores. GumRunners hopes the gum will be popular amongcyclists and joggers
`looking for a boost mid-workout, but who probably don't want to pause for a hotlatte.
`
`

`

`Shouldn't Have Had That Second Piece The New York Times November 7, 2004 Sunday
`
`Page 2
`
`Jolt Gum hasattracted plenty of attention with a catchy slogan of its own -- "Two More, Do More."It has also
`drawn unwanted notice from lawyers for the Wm. Wrigley Jr. Company in Chicago. They havefiled suit against Gu-
`mRunners,alleging that Jolt Gum infringes on a 2002 Wrigley patent, involving a caffeinated gum that was never
`brought to market. (Wrigley once sold another caffeinated gum called Stay Alert, but it's no longer on the market.) The
`suit specifically targets Jolt Gum's coating, which contains a sweetenercalled sucralose.
`
`Mr. Gass declined to comment on thesuit, preferring to trumpet the Department of Defense's decision to include
`Jolt Gum in an experimentalline of ready-to-eat meals. Soldiers may need a caffeine boost, but they can also do without
`one of coffee's main side effects. Combat is no time for a bathroom break.
`
`URL:http://www.nytimes.com
`
`GRAPHIC: Photo: The makers of Jolt Gum aren't bashful about promoting its caffeine content. Two pieces contain the
`same kick as a cup ofcoffee.
`
`LOAD-DATE: November7, 2004
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-63
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page |
`
`
`LexisNexis”
`
`FOCUS- 96 of 620 DOCUMENTS
`
`Copyright 2004 The New York Times Company
`The New York Times
`
`November19, 2004 Friday
`Late Edition - Final
`
`SECTION: Section C; Column 5; Business/Financial Desk; Pg.
`
`|
`
`LENGTH: 824 words
`
`HEADLINE: Founder of Nike To Hand Off Job To a New Chief
`
`BYLINE: By ERIC DASH
`
`BODY:
`
`Philip H. Knight, the brash founder of Nike who became as synonymous with the sneaker brandas its swoosh logo,
`resigned yesterday as chief executive after more than 32 years at the helm.
`William D. Perez, 57, the chief executive of S.C. Johnson & Sons, who spent 34 years there selling consumer
`products like Pledge and Off,will take over as Nike's leader, culminating a largely secretive search that took more than
`two years.
`
`Mr. Knight, 66, will remain chairman and continue to oversee strategic planning.
`Theselection of Mr. Perez,a little-known but well-respected executive, to head Nike, a multibillion-dollar apparel
`company, cameasa surprise to manyin the sporting goods business. He has neversold a single pair of sneakers yet
`must fill the shoes of someone whoredefined the athletic footwear industry.
`
`But while Mr. Perez's experience with Nike has beenlimited to the shoes he has used to run 11 marathons, heis
`considered an excellent marketer with a record of buying and managing well-known brands.
`"Bill is a highly regarded and deeply talented leader with more than 30 years’ experience as a builder of global
`brands," said Mr. Knight, who led the search process. "This begins an exciting new chapter in Nike's ongoing business
`evolution."
`
`It also signals the end ofan era. Mr. Knight, who co-founded Nike in 1972 after selling running shoes from the
`trunk of his car, made it into a company with more than $12.3 billion in sales and turned the swoosh into oneofthe
`world's most recognizable brand symbols.
`
`"Phil Knight has for a very long time been a part of the heart and soul of Nike," said Kevin Adler, a vice president
`at the Relay Sports and Even Marketing division of Publicis Groupe.
`"How many C.E.O.'s do you know wholiterally have the corporate brandtattooed on their body?" he added. "Phil
`Knight does.”
`Mr. Knightwill step downas chief executive at the end of December. Nike executives saidthat hestill planned to
`cometo the office every day, but would focus on long-term strategy and leave the day-to-day managementto Mr.Perez.
`
`

`

`Founder of Nike To Hand Off Job To a New Chief The New York Times November 19, 2004 Friday
`
`Page 2
`
`In a statement, Mr. Perez said: "I am thrilled and honored to run Nike. I was drawn to the company becausethe
`Nike brand perpetually stays current.”
`Mr. Perezwill receive a salary of $1.35 million along with incentives-based stock options and cash bonus awards,
`according to public filings.
`For nearly a decade, speculation loomed over who would replace the iconoclastic Mr. Knight. The selection of Mr.
`Perez comesafter a nearly two-yearprocess, led by Mr. Knight and the search firm Heidrick & Struggles, that was kept
`largely from public view.
`"This is kind of earth-shattering news. It is a surprise not only to the investment community butto a lot of people
`in the Nike organization," said John J. Shanley, an analyst at Susquehanna Investment Group.
`"They had two strong co-presidents, and the odds-on bet was that Charlie Denson would bethe heir apparent," he
`
`said.
`
`Indeed, the two current co-presidents, Charles Denson and Mark Parker, were considered for the top position and
`are expected to remain at the company.
`But the companyalsocast its net outside. The search committee interviewedat least three other top managers from
`consumerproducts companies, a person with direct knowledgeofthe search said, but recommended Mr.Perez to the
`board several weeks ago.
`The announcementofa successor comes at a time ofstrength in Nike's financial performance. After several years
`of poorresults in the stock market, the company's share price rose 24 percent over the last year. Yesterdayit closed at
`$85 a share, not far fromits all-time high.
`
`But the choice of Mr. Perez may signal Nike's desire to widenits scope, especially as the company's North Amer-
`ican core sales growth has significantly slowed, analysts said.
`Duringhis long career at S.C. Johnson, Mr. Perez rose through the sales and marketing ranks, where he was
`knownas a straight-shooter and a mathematical whiz. When he becameS.C. Johnson's CEO in 1996, he guidedthe
`packaged goods company through three major acquisitions, that allowed them to obtain, among others, the Ziploc and
`Windex brands.
`
`Recently, analysts said, Nike has begun aneffort to diversify with several brand acquisitions, addingthe re-
`tro-styled Converse line, Hurley skateboarding gear and the Starter sports apparelto its portfolio.
`"Nike is a great marketerin its own right, butit is limited in terms of dealing with the athletic and footwear indus-
`try," Mr. Shanley said. "If you are going to look outside of the box, perhaps the best way ofdoing that is with someone
`without the heritage and baggage of the footwearindustry.”
`
`URL:http://www.nytimes.com
`
`GRAPHIC: Chart: "Solid Run"Nike has grownto be the world's largest shoemaker and one of the most recognizable
`brands.Graph tracks Nike's weekly closing stock price since 1991.Global wholesale sales of athletic footwearGraph
`tracks the global wholesalesales ofathletic footwear for Nike, Adidas, Reebok and others from 1991-2003.NIKE--
`Market share'91: 23%'92: 26'93: 25'94: 25'95: 30'96: 35'97: 39'98: 35'99: 36'00: 36'01: 35'02: 34'03: 33(Sources by
`Sporting GoodsIntelligence
`Bloomberg Financial Markets)
`
`LOAD-DATE: November 19, 2004
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-64
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page |
`
`
`
`LexisNexis
`
`»
`
`FOCUS - 89 of 620 DOCUMENTS
`
`Copyright 2005 N.Y.P. Holdings, Inc.
`All Rights Reserved
`The New York Post
`
`June 17, 2005 Friday
`
`SECTION: All Editions; Pg. 37
`
`LENGTH: 165 words
`
`HEADLINE: REEBOK PLAYS CATCH-UP
`
`BYLINE: PAUL THARP
`
`BODY:
`
`Can a pro quarterback hurl a football across the Hudson?
`Reebokthinks yes, and has twoofthe game's greats - the Giants' Eli Manningandthe Jets' Chad Pennington-
`playing a gameof catch on Mondayacross the nearly one-mile-wide river.
`It's part of Reebok's multimillion-dollar effort to show off its new can-do slogan for achievementthatit hopes will
`
`beat
`
`Reebok's new slogan - "I Am What J Am"- will emerge in a commercial being shot on Monday showing the two
`quarterbacks oneither side of the Hudson, throwing footballs high into the air to give the impression their tosses are
`soaring nearly a mile into each other's arms.
`Manningstarts off the shoot just past dawn on the Jersey City side in Liberty State Park with the film crew from
`Reebok and its agency, McGarry Bowen.
`After numerous takes and presumably manylost footballs, the crew moves over into Manhattan, where Pennington
`will hurl his tosses from the West Side Highway.
`
`GRAPHIC: FANCY FOOTWORK:N.Y. Giants' quarterback Eli Manning(left) is featured in a new Reebok com-
`mericial.
`[Reuters]
`
`LOAD-DATE: June 17, 2005
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-65
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page 1
`
`
`
`
`
`
`
`
`
`
`1 of 1 DOCUMENT
`
`Copyright 2005 Crain Communications
`All Rights Reserved
`Advertising Age
`
`August 15, 2005
`
`
`SECTION: NEWS; Pg. 1
`
`LENGTH: 761 words
`
`HEADLINE: Beauty's new, er, face;
`Nike latest marketer to embrace women by trading fantasy images for realistic ones
`
`BYLINE: RICH THOMASELLI
`
`BODY:
`
`One more and it's a trend.
`
`In the latest nod to ``real'' women-and the latest blow to the wafer-thin body image-Nike has introduced a campaign
`that celebrates women's big butts, thunder thighs and tomboy knees.
`
`It comes on the heels of a Dove campaign that touched a cultural hot-button and set off a flood of media coverage
`culminating with models from the ads appearing on the cover of People magazine.
`
`And it could mark a shift in how women are portrayed in media and advertising, images often blasted as being un-
`attainable and the cause of low self-esteem and even eating disorders among young girls.
`
```It is a change that women-and some men, too-have been agitating for 35 years,'' said noted feminist Gloria Stei-
`nem, the founder of Ms. magazine. ``I spent 15 years of my life pleading for ads that reflected our readers by age, race
`and ethnicity. We could demonstrate that women responded better to ads that were more inclusive of them, but they just
`weren't coming.''
`
`Today, they appear to be.
`
```There's a definite trend going on in society and the marketplace of self-acceptance and being comfortable in your
`own skin,'' said Glamour VP-Publisher William Wackermann, whose magazine has printed the un-glamorous cam-
`paigns from both Dove and Nike. ``Dove was a wonderful campaign, and Nike is just brilliant. The copy is clever and
`fresh.''
`
`The ads, from Nike's longtime Portland agency, Wieden & Kennedy, are authoritative and bold, with a bit of hu-
`mor. The six different images represent six different parts of the body, including a posterior in an ad that shows a
`well-rounded bum and copy that reads: ``My Butt is big and round like the letter C, and 10,000 lunges have made it
`rounder but not smaller. And that's just fine. It's a space heater for my side of the bed. It's my ambassador. To those who
`walk behind me, it's a border collie that herds skinny women away from the best deals at clothing sales. My butt is big
`and that's just fine. And those who might scorn it are invited to kiss it. Just do it.''
`
``HOT TOPIC'
`
`Other ads refer to ``thunder thighs,'' legs that ``were once two hairy sticks,'' and shoulders that ``aren't dainty.''
`
`

`

`Page 2
`Beauty's new, er, face; Nike latest marketer to embrace women by trading fantasy images for realistic ones Advertising
`Age August 15, 2005
`
`Nancy Monsarrat, Nike's U.S. ad director, called the branding campaign an extension of the ``If You Let Me Play''
`campaign geared toward women that Nike ran in the late 1990s-with one exception. ``In the `90s we finally got smart
`and said, `Hey, let's talk to women.' But we never talked specifically about women's bodies, and that's a hot topic right
`now.''
`
`There will be no TV executions in the campaign, which is designed to drive the audience to NikeWomen.com and,
`ultimately, its fitness apparel. But there is a digital component, which made its debut last week on the same Web site,
`which features short films of women discussing topics such as their bodies and working out. ``Women come in all
`shapes and sizes, which is no surprise, but when you talk to women in an honest way, they respond,'' said Ms. Monsar-
`rat.
`
`Ms. Steinem wasn't positive about the Nike campaign. ``It's a step forward,'' she said, ``but I just question whether
`Nike would do an ad about a man talking about his butt.''
`
`Some have said the trend started earlier this year with Dove's ``Campaign for Real Beauty'' effort, which features
`women of all shapes and sizes happily posing in their underwear and hawking Dove's new cellulite-firming body lotion.
`
`The campaign has created huge buzz-and disparate reactions. While some have praised the work from WPP
`Group's Ogilvy & Mather for ``keeping it real,'' others have found it less genuine. The women range in dress size from
`six to 12, for instance, and the average American woman is size 14. Advertising Age's Bob Garfield called the campaign
```confounding'' and added ``sizes six and eight notwithstanding, they're all still head-turners, with straight white teeth,
`no visible pores and not a cell of cellulite.'' Chicago Sun-Times columnist Richard Roeper wrote that if he wanted to see
```plump gals baring too much skin,'' he would attend the city's annual summer food festival, a jab that resulted in more
`than 1,000 calls, letters and e-mails.
`
`Trend expert Faith Popcorn of Brain Reserve, New York, said the shift did not start in advertisements. ``No copy-
`writer did this,'' she said. ``It started when we started to celebrate the black and Hispanic culture. In those cultures you
`can be a little `butty' and even have a little mustache, too, and it's considered cool and attractive. Now these white girls
`are looking at themselves and saying, `I don't want to be a stick, I want to be natural.'''
`
`GRAPHIC: Art Credit: Baby got back: And Nike's advice if you don't like it * No apologies: One of six images cele-
`brating six different body parts.
`
`LOAD-DATE: August 19, 2005
`
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`NIKE, INC.,
`Opposer,
`
`vs.
`
`INVENTIVE PREVENTIVES LLC,
`Applicant.
`
`Opposition No. 91289764
`
`Mark:
`
`Serial No. 97483698
`
`EXHIBIT NIKE-66
`to
`OPPOSER NIKE, INC.’S OPPOSITION TO
`APPLICANT’S SECOND AMENDED MOTION
`FOR SUMMARY JUDGMENT
`
`

`

`Page |
`
`
`
`LexisNexis
`
`FOCUS - 78 of 620 DOCUMENTS
`
`Copyright 2005 The Seattle Times Company
`The Seattle Times
`
`September 4, 2005 Sunday
`Fourth Edition
`
`SECTION: ROP ZONE; News; Pg. A6
`
`LENGTH: 876 words
`
`HEADLINE: Savvy slogan leadsto suit;
`"What happenshere stays here” - Las Vegas, company battling over phrase
`
`BYLINE: Sam HoweVerhovek, Los Angeles Times
`
`BODY:
`
`LAS VEGASThefive-word sloganturned out to be a marketing masterpiece, a mantra that marked the unceremo-
`nious end of Las Vegas’ family-friendly era and the full-scale resurrection of Sin City: "What Happens Here Stays
`Here.”
`
`But keeping those words in Las Vegas has becomecontentious.
`A potentially high-stakes lawsuit is unfolding in federal court in Reno, Nev., over trademarkrights to the famous
`phrase.
`In Las Vegas, the sloganalso has sparkeda political dispute.
`The Las Vegas Convention and Visitors Authority, which says it spent $85 million in the past three years to link
`Las Vegas with the slogan, wants licensing rights to the phrase and its many variants.
`Theauthority is seeking a cease-and-desist order against a California clothier that sells racy underwear, baseball
`caps and sweatpants, reading "What Happens in Vegas Stays in Vegas!"in local hotels andgift stores.
`The clothing company, acting without permission from the tourism authority, obtained federal trademark approval
`for the phrase earlier this year.
`The manufacturer, Pure Pleasure of Placerville, plans to sell clothes carrying variations on the phrase, such as
`"What Happens on Spring Break Stays on Spring Break!"
`Las Vegas wants to stop it. But with licensing rights worth potentially millions of dollars on the line, the clothing
`companyis fighting back in court, arguing that Las Vegasis hardly the first place in the world where people have
`promisedto look the other way.
`There's that old saying amongtraveling salesmen: "What happenson the road stays on the road."
`Andthe one from Alcoholics Anonymous meetings: "What you see here, what you hear here, whom youseehere,
`stays here."
`The clothing company's lawyersalso cite a sign in a now-defunct Cambridge, Mass., tavern that declared, "What
`Happens Here, Stays Here.” That was nearly 10 years before Las Vegas beganits ad campaign.
`
`

`

`Page 2
`Savvyslogan leads to suit; "What happenshere stays here" - Las Vegas, companybattling over phrase The Seattle
`Times September4, 2005 Sunday
`
`Andthereare all the variations on the phrase used in Las Vegas, such as the pitch used by one major resort-casino:
`"What Happensat the Palms Never Happened."
`
`An effective slogan
`Thecase is a powerfulindication of how valuable the phrase has become since Las Vegas began the campaignin
`late 2002.
`
`It is widely seen as a chief reason Las Vegashit a record of 37.4 million visitors last year and is projected to reach
`38.2 million in 2005.
`
`"It's only a few yearsold, but it's basically considered one ofthe most effective slogans for tourism ever," said Da-
`niel Fesenmaier, a professor at Temple University's School of Tourism and Hospitality Management, who evaluates the
`effectiveness of tourism advertising.
`
`When Las Vegas' effort in the 1990s to marketitself as family friendly produced less than a bonanza, the new slo-
`gan became "a very effective way of announcing to the world, ‘Hey, we're Vegas,andlet's go back to who wereally
`are,'" Fesenmaiersaid.
`
`Manypeople regard the campaign as genius.
`Even the clothing company's lawyer, Daniel Ballard, said the "What Happens Here" adsare "absolutely fabulous."
`But Ballard said in a telephone interview from Sacramento,Calif., that the success of the television campaign was
`insufficient grounds to justify stopping his client from using its version of the phrase.
`No one seemsto know the origin of "What Happens Here Stays Here,” and that probably won't be answeredin
`court.
`
`The phrase mightbe centuries old, and no doubthasits parallels in dozens of languages.
`But can it be trademarked?
`
`"Service marks"
`
`Absolutely, say officials for the tourism authority and R&R Partners, the Las Vegasadvertising agency that came
`up with the campaign.
`
`nd Burger King ("Have It Your Way") are "service marks," the
`technical term for a federally trademarked phrase or slogan, Las Vegas deserves to hold rights to "What Happens Here
`Stays Here," lawyers for the ad companyandthe tourism authority say.
`But Pure Pleasure, which started the clothing line a few monthsafter the tourism authority began its campaign,said
`it got to the trademarkoffice first.
`Pure Pleasure's owner, Dorothy Tovar, applied for a clothing trademark in February 2003 for "What Happensin
`Vegas Stays in Vegas" and received approval in March from the U.S. Patent and Trademark Office.
`The Reno lawsuit, expected to gototrial in the fall, seeks to reverse that approval.
`Sometrademark experts said Las Vegasauthorities could have a valid claim in court, even if the phrase were used
`in other contexts before it became associated with Las Vegas.
`If the plaintiffs can showthat their advertising campaign succeeded in getting people to associate "What Happens
`Here Stays Here" with Las Vegas, they could succeedin estab