ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1373470
`07/25/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`Entity
`
`Address
`
`1661, Inc. d/b/a GOAT
`
`Corporation
`
`3433 W. EXPOSITION PLACE
`LOS ANGELES, CA 90018
`UNITED STATES
`
`Incorporated or
`registered in
`
`DE
`
`Attorney informa-
`tion
`
`JENNIFER L. BARRY
`LATHAM & WATKINS LLP
`12670 HIGH BLUFF DRIVE
`SAN DIEGO, CA 92130
`UNITED STATES
`Primary email: jennifer.barry@lw.com
`Secondary email(s): adam.herrera@lw.com, bill.shubeck@lw.com, ipdock-
`et@lw.com, alethia.corneil@lw.com
`8585235400
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`98143357
`
`Opposition filing
`date
`
`Applicant
`
`07/25/2024
`
`Publication date
`
`07/09/2024
`
`Opposition period
`ends
`
`08/08/2024
`
`Goat Getters Entertainment LLC
`228 PARK AVE S PMB 573402
`NEW YORK, NY 10003
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 025. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Footwear; Hats; Headwear; Shoes; Bot-
`toms as clothing; Tops as clothing
`
`Class 041. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Entertainment services in the nature of de-
`velopment, creation, production and post-production services of multimedia entertainment content
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`3506834
`
`Application date
`
`07/08/2004
`
`

`

`Register
`
`Principal
`
`Registration date
`
`09/30/2008
`
`Word mark
`
`Design mark
`
`GOAT
`
`Foreign priority
`date
`
`03/29/2004
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 025. First use: First Use: Aug 2001 First Use In Commerce: Aug 2003
`Clothing, namely, shirts, pants; knitwear, namely, knit shirts; ladies' clothing,
`namely, dress suits; coats, frocks, skirts, dresses, jackets, clothing jerseys,
`sweaters, trousers, clothing tops, and fashion clothing, namely evening gowns
`
`U.S. registration
`no.
`
`4103419
`
`Register
`
`Principal
`
`Registration date
`
`02/28/2012
`
`Word mark
`
`Design mark
`
`GOAT
`
`Application date
`
`10/05/2007
`
`Foreign priority
`date
`
`10/04/2007
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: None First Use In Commerce: None
`[ Wholesale distributorships featuring clothing and clothing accessories; retail
`store services featuring clothing and clothing accessories; promoting the goods
`and services of others by means of operating an on-line shopping mall with links
`to the retail websites of others; mail order catalog services featuring clothing and
`clothing accessories; ] Catalog ordering service featuring clothing and clothing
`accessories; online retail store services featuring clothing and clothing accessor-
`ies; [ business consultancy, ] information [, and advisory ] services relating to all
`of the above services
`
`U.S. registration
`no.
`
`4908318
`
`Register
`
`Principal
`
`Registration date
`
`03/01/2016
`
`Word mark
`
`Design mark
`
`GOAT
`
`Application date
`
`07/24/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Jan 29, 2015 First Use In Commerce: Apr 1,
`2015
`Computer application software allowing users to find, research, analyze, com-
`pare, sell, and purchase goods and services via the Internet, global computer
`
`

`

`communication networks, and wireless telecommunications networks
`
`U.S. registration
`no.
`
`5357448
`
`Register
`
`Principal
`
`Registration date
`
`12/19/2017
`
`Word mark
`
`Design mark
`
`GOAT
`
`Application date
`
`07/24/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Jan 29, 2015 First Use In Commerce: Apr 1,
`2015
`Providing an online marketplace for buyers and sellers of collectible consumer
`goods namely, athletic and sporting footwear; database management services;
`providing a website featuring evaluative feedback in the form of ratings, reviews,
`recommendations and other consumer information regarding the value and
`prices of sellers' goods, buyers' and sellers' performance, delivery, and transac-
`tion experience for commercial purposes; providing a searchable advertising
`guide featuring the goods and services of sellers; advertising and advertising
`services
`
`U.S. registration
`no.
`
`5020477
`
`Register
`
`Principal
`
`Registration date
`
`08/16/2016
`
`Word mark
`
`Design mark
`
`GOAT
`
`Application date
`
`07/24/2015
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 038. First use: First Use: Jan 29, 2015 First Use In Commerce: Apr 1,
`2015
`Telecommunication services, namely transmission of electronic messages, text
`messages, and push-notification alerts between consumer product buyers and
`sellers on the Internet, global computer communications networks, and wireless
`telecommunications networks
`
`U.S. registration
`no.
`
`5020478
`
`Register
`
`Principal
`
`Registration date
`
`08/16/2016
`
`Word mark
`
`Design mark
`
`GOAT
`
`Application date
`
`07/24/2015
`
`Foreign priority
`date
`
`NONE
`
`

`

`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 042. First use: First Use: Jan 29, 2015 First Use In Commerce: Apr 1,
`2015
`Providing temporary use of online non-downloadable software for electronic
`business transactions in online marketplaces utilizing the Internet, global com-
`puter communication networks, and wireless telecommunications networks; au-
`thentication services in the field of collectible consumer goods, namely, the in-
`spection and verification of authenticity of athletic and sporting footwear, appar-
`el, and works of art
`
`U.S. application
`no.
`
`90247263
`
`Application date
`
`10/11/2020
`
`Registration date
`
`NONE
`
`Word mark
`
`Design mark
`
`GOAT
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`Attachments
`
`NONE
`
`Class 028. First use: First Use: None First Use In Commerce: None
`Playing cards; trading cards for games; collectibles, namely, sports memorabilia
`in the nature of baseballs, baseball bats, baseball gloves, baseball bases, foot-
`balls, football gloves, basketballs, soccer balls, goalkeepers' gloves, tennis balls,
`tennis racquets, hockey gloves, hockey sticks, and hockey pucks
`
`76601390#TMSN.png( bytes )
`77297475#TMSN.png( bytes )
`86703345#TMSN.png( bytes )
`86703347#TMSN.png( bytes )
`86703348#TMSN.png( bytes )
`86703350#TMSN.png( bytes )
`90247263#TMSN.png( bytes )
`2024_07_25_Notice of Opposition for GG Goat Getters Serial No. 981433
`57.pdf(586602 bytes )
`
`Signature
`
`/s/ Jennifer L. Barry
`
`Name
`
`Date
`
`Jennifer L. Barry
`
`07/25/2024
`
`

`

`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Opposition No. ______________
`
`
`NOTICE OF OPPOSITION
`
`In re Application No. 98/143357
`Filed: Aug. 21, 2023
`Published: July 9, 2024
`Trademark: GG GOAT GETTERS
`
`
`1661, Inc. d/b/a GOAT,
`
`Opposer,
`
`
`
`v.
`
`Goat Getters Entertainment LLC,
`
`
`
` Applicant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`United States Patent and Trademark Office
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`1661, Inc. d/b/a GOAT (“Opposer”), a Delaware corporation with a principal place of business at
`
`3433 W. Exposition Place, Los Angeles, CA 90018, believes it will be damaged by registration
`
`of the mark GG GOAT GETTERS (Serial No. 98/143357, the “Application”) filed by Goat
`
`Getters Entertainment LLC (“Applicant”) for “Footwear; Hats; Headwear; Shoes; Bottoms as
`
`clothing; Tops as clothing” in Class 25; and “Entertainment services in the nature of
`
`development, creation, production and post-production services of multimedia entertainment
`
`content” in Class 41 (“Applicant’s Mark”).
`
`Therefore, in accordance with the provisions of Section 13 of the Trademark Act
`
`(15 U.S.C. § 1063), Opposer opposes the Application.
`
`
`
`As grounds for the opposition, Opposer alleges as follows:
`
`
`US-DOCS\152409813.1
`
`

`

`
`
`1. Opposer operates the wildly popular e-commerce platform GOAT®, which is
`
`available on both a mobile app and a website (www.goat.com). The GOAT® app and site
`
`facilitate the buying and selling, as well as authentication, of sneakers, clothing, jewelry, purses,
`
`wallets, bags, and various fashion accessory items, examples of which are shown below:
`
`
`
`2. In addition to its common law rights, Opposer owns the following U.S.
`
`registrations (the “GOAT Marks”):
`
`Mark
`
`Class and Description of Goods and Services
`
`GOAT Class 25: Clothing, namely, shirts, pants; knitwear, namely,
`knit shirts; ladies’ clothing, namely, dress suits; coats,
`frocks, skirts, dresses, jackets, clothing jerseys, sweaters,
`trousers, clothing tops, and fashion clothing, namely
`evening gowns
`GOAT Class 35: Catalog ordering service featuring clothing and
`clothing accessories; online retail store services featuring
`clothing and clothing accessories; information services
`relating to all of the above services
`
`Reg. No. / App. No.
`Reg. Date / App. Date
`
`U.S.
`Reg. No. 3506834
`Reg. Date: 09/30/2008
`
`U.S.
`Reg. No. 4103419
`Reg. Date: 02/28/2012
`
`US-DOCS\152409813.1
`
`2
`
`

`

`
`
`Mark
`
`Class and Description of Goods and Services
`
`GOAT Class 9: Computer application software allowing users to
`find, research, analyze, compare, sell, and purchase goods
`and services via the Internet, global computer
`communication networks, and wireless telecommunications
`networks
`GOAT Class 35: Providing an online marketplace for buyers and
`sellers of collectible consumer goods namely, athletic and
`sporting footwear; database management services;
`providing a website featuring evaluative feedback in the
`form of ratings, reviews, recommendations and other
`consumer information regarding the value and prices of
`sellers’ goods, buyers’ and sellers’ performance, delivery,
`and transaction experience for commercial purposes;
`providing a searchable advertising guide featuring the
`goods and services of sellers; advertising and advertising
`services
`GOAT Class 38: Telecommunication services, namely
`transmission of electronic messages, text messages, and
`push-notification alerts between consumer product buyers
`and sellers on the Internet, global computer
`communications networks, and wireless
`telecommunications networks
`GOAT Class 42: Providing temporary use of online non-
`downloadable software for electronic business transactions
`in online marketplaces utilizing the Internet, global
`computer communication networks, and wireless
`telecommunications networks; authentication services in
`the field of collectible consumer goods, namely, the
`inspection and verification of authenticity of athletic and
`sporting footwear, apparel, and works of art
`GOAT Class 28: Playing cards; trading cards for games;
`collectibles, namely, sports memorabilia in the nature of
`baseballs, baseball bats, baseball gloves, baseball bases,
`footballs, football gloves, basketballs, soccer balls,
`goalkeepers' gloves, tennis balls, tennis racquets, hockey
`gloves, hockey sticks, and hockey pucks
`
`Reg. No. / App. No.
`Reg. Date / App. Date
`
`U.S.
`Reg. No. 4908318
`Reg. Date: 03/01/2016
`
`U.S.
`Reg. No. 5357448
`Reg. Date: 12/19/2017
`
`U.S.
`Reg. No. 5020477
`Reg. Date: 08/16/2016
`
`U.S.
`Reg. No. 5020478
`Reg. Date: 08/16/2016
`
`U.S.
`App. No. 90247263
`App. Date 10/11/2020
`
`
`
`3. Applicant, located at 228 Park Ave. S PMB 573402, New York, NY 10003, seeks
`
`to register the mark GG GOAT GETTERS for “Footwear; Hats; Headwear; Shoes; Bottoms as
`
`clothing; Tops as clothing” in Class 25; and “Entertainment services in the nature of
`
`US-DOCS\152409813.1
`
`3
`
`

`

`
`
`development, creation, production and post-production services of multimedia entertainment
`
`content” in Class 41. Applicant filed the Application on August 21, 2023.
`
`4. Opposer’s filing dates and first use dates establish priority over Applicant’s Mark,
`
`as they predate Applicant’s filing and first use dates.
`
`5. Applicant’s claimed goods overlap with Opposer’s goods and services.
`
`6. Applicant’s Mark closely resembles Opposer’s GOAT Marks and incorporates the
`
`entire GOAT® mark.
`
`7. Therefore, when used in connection with Applicant’s goods and services,
`
`Applicant’s Mark is likely to cause confusion, to cause mistake, or to deceive consumers as to an
`
`affiliation, connection, or association between Opposer and Applicant or as to the origin,
`
`sponsorship, or approval of Applicant’s goods and services, with consequent injury to Opposer
`
`and the public under Trademark Act § 2(d).
`
`8. Opposer will be damaged by the registration sought by Applicant because such
`
`registration would support and assist Applicant in the confusing, misleading, and deceptive use
`
`of Applicant’s Mark and would give to Applicant the color of exclusive statutory rights to such
`
`a mark in violation of Opposer’s superior rights.
`
`9. WHEREFORE, Opposer prays that its opposition be sustained and that the
`
`Application be refused.
`
`Dated: July 25, 2024
`
`Respectfully submitted,
`
`
`
`
`By
`Jennifer L. Barry
` Adam A. Herrera
`12670 High Bluff Drive
`San Diego, CA 92130
`858.523.5400 / 858.523.5450 Fax
`jennifer.barry@lw.com
`
`US-DOCS\152409813.1
`
`4
`
`

`

`
`
` adam.herrera@lw.com
`ipdocket@lw.com
`
`Attorneys for Opposer
`1661, Inc. d/b/a GOAT
`
`US-DOCS\152409813.1
`
`5
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing NOTICE OF
`
`OPPOSITION has been served on July 25, 2024, by emailing and mailing said copy via First
`
`Class Mail, postage prepaid to Applicant’s counsel:
`
`Jane Moon
`LZ Legal Services, LLC
`2828 N. Central Ave. PMB #1510
`Phoenix, AZ 85004
`tm@lzlegalservices.com
`
`
`
`
` Jennifer L. Barry
`
`
`
`
`
`
`
`
`
`
`US-DOCS\152409813.1
`
`6
`
`