ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1388816
`10/10/2024
`
`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
`
`Meta Platforms, Inc.
`
`Corporation
`
`1 META WAY
`MENLO PARK, CA 94025
`UNITED STATES
`
`Incorporated or
`registered in
`
`Delaware
`
`Attorney informa-
`tion
`
`TYWANDA HARRIS LORD
`KILPATRICK TOWNSEND & STOCKTON LLP
`1100 PEACHTREE STREET, SUITE 2800
`ATLANTA, GA 30309
`UNITED STATES
`Primary email: tlord@ktslaw.com
`Secondary email(s): jrossington@ktslaw.com, klawton@ktslaw.com, kteil-
`haber@ktslaw.com, tmadmin@ktslaw.com
`4048156500
`
`Docket no.
`
`Applicant information
`
`Application no.
`
`98336459
`
`Opposition filing
`date
`
`Applicant
`
`10/10/2024
`
`MemoryLane
`1047 NW PROMONTORY CT
`BEND, OR 97703
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`09/10/2024
`
`Opposition period
`ends
`
`10/10/2024
`
`Class 045. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Online social networking services in the
`field of Social Media
`
`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.
`
`4392662
`
`Register
`
`Principal
`
`Application date
`
`10/07/2010
`
`

`

`Registration date
`
`08/27/2013
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 045. First use: First Use: Feb 4, 2004 First Use In Commerce: Feb 4,
`2004
`Social introduction, networking and ((dating services;)) providing social services
`and information in the field of personal development, namely, self-improvement,
`self-fulfillment, charitable, philanthropic, volunteer, public and community ser-
`vices, and humanitarian activities; Identification verification services, namely,
`providing authentication of personal identification information
`
`U.S. registration
`no.
`
`3041791
`
`Register
`
`Principal
`
`Registration date
`
`01/10/2006
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Application date
`
`02/24/2005
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 035. First use: First Use: Feb 4, 2004 First Use In Commerce: Feb 4,
`2004
`[ providing an online directory information service featuring information regard-
`ing, and in the nature of, collegiate life, classifieds, virtual community and social
`networking ]
`Class 038. First use: First Use: Feb 4, 2004 First Use In Commerce: Feb 4,
`2004
`providing online chat rooms for registered users for transmission of messages
`concerning collegiate life, classifieds, virtual community and social networking
`
`U.S. registration
`no.
`
`3734637
`
`Register
`
`Principal
`
`Registration date
`
`01/05/2010
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Application date
`
`05/24/2007
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Aug 2006 First Use In Commerce: Aug 2006
`Software to enable uploading, posting, showing, displaying, tagging, blogging,
`sharing or otherwise providing electronic media or information over the Internet
`
`

`

`or other communications network
`Class 038. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`Audio and video broadcasting services over the Internet or other communica-
`tions network, namely, uploading, posting, showing, displaying, tagging and
`electronically transmitting information, audio, and video clips; providing on-line
`chat rooms, listservers, and on-line forums for transmission of messages among
`computer users concerning user-defined content; providing on-line chat rooms
`and electronic bulletin boards for transmission of messages among users in the
`field of general interest
`Class 041. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`On-line journals, namely, blogs featuring user-defined content
`Class 042. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`Application service provider (ASP) featuring software to enable uploading, post-
`ing, showing, displaying, tagging, blogging, sharing or otherwise providing elec-
`tronic media or information over the Internet or other communications network
`
`U.S. registration
`no.
`
`3801147
`
`Register
`
`Principal
`
`Registration date
`
`06/08/2010
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Application date
`
`11/07/2006
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Aug 2006 First Use In Commerce: Aug 2006
`Computer software development tools for social networking, building social net-
`working applications and for allowing data retrieval, upload, access and man-
`agement; application programming interface (API) for third-party software and
`online services for social networking, building social networking applications and
`for allowing data retrieval, upload, access and management
`Class 038. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`providing access to computer databases; electronic transmission of instant mes-
`sages and data
`Class 041. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`Electronic publishing services, namely, publishing of online works of others fea-
`turing user-created text, audio, video, and graphics; providing on-line journals
`and web logs featuring user-created content
`Class 042. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`Providing temporary use of non-downloadable software applications for classi-
`fieds, virtual community, social networking, photo sharing, and transmission of
`photographic images
`
`U.S. registration
`no.
`
`3814888
`
`Register
`
`Principal
`
`Registration date
`
`07/06/2010
`
`Word mark
`
`FACEBOOK
`
`Application date
`
`11/07/2006
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 042. First use: First Use: Jun 2007 First Use In Commerce: Jun 2007
`Providing temporary use of non-downloadable software applications for video
`sharing
`
`U.S. registration
`no.
`
`3935447
`
`Register
`
`Principal
`
`Registration date
`
`03/22/2011
`
`Application date
`
`12/17/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`FACEBOOK
`
`The mark consists of the word "FACEBOOK" in white letters with a blue back-
`ground.
`
`Class 009. First use: First Use: Aug 2006 First Use In Commerce: Aug 2006
`Computer software development tools; Computer software for use as an applic-
`ation programming interface (API); Application programming interface (API) for
`computer software which facilitates online services for social networking, build-
`ing social networking applications and for allowing data retrieval, upload, down-
`load, access and management; Computer software to enable uploading, down-
`loading, accessing, posting, displaying, tagging, blogging, streaming, linking,
`sharing or otherwise providing electronic media or information via computer and
`communication networks
`
`U.S. registration
`no.
`
`4099518
`
`Register
`
`Principal
`
`Registration date
`
`02/14/2012
`
`Application date
`
`12/17/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`FACEBOOK
`
`The mark consists of an outline of the term "FACEBOOK" in stylized lettering.
`
`Class 038. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Providing access to computer, electronic and online databases; telecommunica-
`tions services, namely, electronic transmission of data, messages and informa-
`tion; providing online forums for communication on topics of general interest;
`providing online communications links which transfer web site users to other loc-
`al and global web pages; providing access to web sites for others hosted on
`computer servers accessible via a global computer network; [ providing access
`to third party web sites by enabling users to log in through a universal username
`and password via a global computer network and other communication net-
`works; ] providing online chat rooms and electronic bulletin boards for transmis-
`sion of messages among users in the field of general interest; audio, text and
`video broadcasting services over the Internet or other communications networks
`featuring the uploaded, posted and tagged audio, text and video content of oth-
`ers; audio, text and video broadcasting services over the Internet or other com-
`
`

`

`munications networks, namely, electronically transmitting audio clips, text and
`video clips of others
`Class 045. First use: First Use: Dec 2008 First Use In Commerce: Dec 2008
`Identification verification services, namely, providing authentication of personal
`identification information
`
`U.S. registration
`no.
`
`4102822
`
`Register
`
`Principal
`
`Registration date
`
`02/21/2012
`
`Application date
`
`12/17/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`FACEBOOK
`
`The mark consists of an outline of the term "FACEBOOK" in stylized lettering is
`inserted.
`
`Class 038. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Peer-to-peer photo sharing services, namely, electronic transmission of digital
`photo files among internet users
`Class 041. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Providing computer, electronic and online databases in the field of entertainment
`and in the fields of secondary, collegiate, social and community interest groups;
`on-line journals, namely, blogs in the fields of entertainment, education, social,
`political, cultural, economic, scientific and general interest; electronic publishing
`services, namely, publication of text and graphic works of others via computer
`and communications networks in the fields of entertainment, education, social,
`political, cultural, economic, scientific and general interest; publishing of elec-
`tronic publications; entertainment services, namely, providing temporary use of
`interactive, multiplayer and single player games for games played via computer
`or communication networks; providing information about online computer games
`and video games via computer or communication networks; arranging and con-
`ducting competitions for video gamers and computer game players
`Class 042. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Peer-to-browser photo sharing services, namely, providing a website featuring
`technology enabling users to upload, view, and download digital photos; provid-
`ing a web site featuring technology that enables users to upload and share
`video, photos, text, graphics and data; creating and maintaining blogs for others;
`providing a web hosting platform for use of non-downloadable software in con-
`nection with interactive, multiplayer and single player games for third parties
`
`U.S. registration
`no.
`
`4102823
`
`Register
`
`Principal
`
`Registration date
`
`02/21/2012
`
`Application date
`
`12/17/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`FACEBOOK
`
`The mark consists of an outline of the term "FACEBOOK" in stylized lettering.
`
`Class 035. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Compiling of information into computer databases
`
`

`

`Class 042. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Computer services, namely, creating on-line virtual communities for registered
`users to organize groups and events, participate in discussions, and engage in
`social, business and community networking; computer services, namely, hosting
`electronic facilities for others for organizing and conducting meetings, events
`and interactive discussions via communication networks; application service pro-
`vider (ASP) services, namely, hosting computer software applications of others;
`application service provider (ASP) featuring software to enable or facilitate the
`uploading, downloading, streaming, posting, displaying, blogging, linking, shar-
`ing or otherwise providing electronic media or information over communication
`networks; providing an online network service that enables users to transfer per-
`sonal identity data to and share personal identity data with and among multiple
`websites; providing a web site featuring technology that enables online users to
`create personal profiles featuring social networking information and to transfer
`and share such information among multiple websites; computer services,
`namely, creating indexes of information, sites and other resources available on
`computer networks; providing temporary use of non-downloadable software ap-
`plications for social networking, creating a virtual community, and transmission
`of audio, video, photographic images, text, graphics and data; computer ser-
`vices in the nature of customized web pages featuring user-defined or specified
`information, personal profiles, audio, video, photographic images, text, graphics
`and data
`
`U.S. registration
`no.
`
`4102824
`
`Register
`
`Principal
`
`Registration date
`
`02/21/2012
`
`Application date
`
`12/17/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`FACEBOOK
`
`The mark consist of an outline of the term "FACEBOOK" in stylized lettering.
`
`Class 038. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Providing access to computer databases in the fields of social networking, social
`introduction [ and dating ]
`Class 045. First use: First Use: Aug 2005 First Use In Commerce: Aug 2005
`Social introduction, networking [ and dating ] services; providing social services
`and information in the field of personal development, namely, self-improvement,
`self-fulfillment, charitable, philanthropic, volunteer, public and community ser-
`vices, and humanitarian activities
`
`U.S. registration
`no.
`
`4129126
`
`Register
`
`Principal
`
`Registration date
`
`04/17/2012
`
`Application date
`
`12/17/2009
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`FACEBOOK
`
`The mark consists of an outline of the term "FACEBOOK" in stylized lettering.
`
`Class 035. First use: First Use: Feb 4, 2004 First Use In Commerce: Feb 4,
`2004
`
`

`

`Marketing, advertising and promotion services; market research and information
`services; advertising services, namely, promoting the goods and services of oth-
`ers via computer and communication networks; operating on-line marketplaces
`for sellers of goods and/or services; online retail store services featuring digital
`media, namely, pre-recorded digital sound, video and data recordings featuring
`music, text, video, games, comedy, drama, action, adventure or animation; char-
`itable services, namely, promoting public awareness about charitable, philan-
`thropic, volunteer, public and community service and humanitarian activities
`Class 038. First use: First Use: Apr 2009 First Use In Commerce: Apr 2009
`Delivery of digital music by electronic transmission
`Class 041. First use: First Use: Sep 2007 First Use In Commerce: Sep 2007
`Contest and incentive award programs designed to recognize, reward and en-
`courage individuals and groups which engage in self-improvement, self-
`fulfillment, charitable, philanthropic, volunteer, public and community service and
`humanitarian activities and sharing of creative work product
`
`U.S. registration
`no.
`
`4339122
`
`Register
`
`Principal
`
`Registration date
`
`05/21/2013
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Application date
`
`10/07/2010
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 009. First use: First Use: Aug 2006 First Use In Commerce: Aug 2006
`Computer software development tools; Computer software for use as an applic-
`ation programming interface (API); Application programming interface (API) for
`computer software which facilitates online services for social networking, build-
`ing social networking applications and for allowing data retrieval, upload, down-
`load, access and management; Computer software to enable uploading, down-
`loading, accessing, posting, displaying, tagging, blogging, streaming, linking,
`sharing or otherwise providing electronic media or information via computer and
`communication networks
`
`U.S. registration
`no.
`
`4339123
`
`Register
`
`Principal
`
`Registration date
`
`05/21/2013
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Application date
`
`10/07/2010
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 042. First use: First Use: Feb 2004 First Use In Commerce: Feb 2004
`computer services, namely, creating on-line virtual communities for registered
`users to organize groups and events, participate in discussions, and engage in
`social, business and community networking; computer services, namely, hosting
`
`

`

`on-line web facilities for others for organizing and conducting meetings, events
`and interactive discussions via communication networks; application service pro-
`vider (ASP) services, namely, hosting computer software applications of others;
`application service provider (ASP) featuring software to enable or facilitate the
`uploading, downloading, streaming, posting, displaying, blogging, linking, shar-
`ing of audio and video content, photographic images, text, graphics and data;
`providing an online network service that enables users to transfer personal iden-
`tity data to and share personal identity data with and among multiple websites;
`providing a web site featuring technology that enables online users to create
`personal profiles featuring social networking information and to transfer and
`share such information among multiple websites; computer services, namely,
`creating indexes of information, sites and other resources available on computer
`networks; providing temporary use of non-downloadable software applications
`for enabling, facilitating, or enhancing social networking, creating a virtual com-
`munity, and transmission of audio, video, photographic images, text, graphics
`and data; computer services in the nature of customized web pages featuring
`user-defined or specified information, personal profiles, audio and video content,
`photographic images, text, graphics and data; peer-to-browser photo sharing
`services, namely, providing a website featuring technology enabling users to up-
`load, view, and download digital photos; providing a web site featuring techno-
`logy that enables users to upload and share video, photos, text, graphics and
`data; creating and maintaining blogs for others; providing a web hosting platform
`for use of non-downloadable software for enabling, facilitating or enhancing in-
`teractive, multiplayer and single player games for third parties
`
`U.S. registration
`no.
`
`4449195
`
`Register
`
`Principal
`
`Registration date
`
`12/10/2013
`
`Word mark
`
`Design mark
`
`FACEBOOK
`
`Application date
`
`10/07/2010
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`NONE
`
`Class 038. First use: First Use: Feb 4, 2004 First Use In Commerce: Feb 4,
`2004
`providing access to computer databases in the fields of social networking, social
`introduction and dating; peer-to-peer photo sharing services, namely, electronic
`transmission of digital photo files among internet users; providing access to
`computer, electronic and online databases; telecommunications services,
`namely, electronic transmission of data, messages and information; providing
`online forums for communication on topics of general interest; providing online
`communications links which transfer web site users to other local and global
`web pages; providing user access to third party web sites hosted on computer
`servers accessible via a global computer network; providing online chat rooms
`and electronic bulletin boards for transmission of messages among users in the
`field of general interest; broadcast communication services, namely, electronic
`transmission of audio and video over computer or other communication net-
`works, and electronic transmission of data, information, audio and video images;
`text messaging services
`
`U.S. application/ registration
`no.
`
`Register
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 4392662 and first use date identified in
`Registration No. 4392662
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 3041791 and first use date identified in
`Registration No. 3041791
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 3734637 and first use date identified in
`Registration No. 3734637
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 3801147 and first use date identified in
`Registration No. 3801147
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 3814888 and first use date identified in
`Registration No. 3814888
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Mark
`
`Goods/services
`
`identified in Registration No. 3935447 and first use date identified in
`Registration No. 3935447
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Mark
`
`Goods/services
`
`identified in Registration No. 4099518 and first use date identified in
`Registration No. 4099518
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Mark
`
`Goods/services
`
`identified in Registration No. 4102822 and first use date identified in
`Registration No. 4102822
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Mark
`
`Goods/services
`
`identified in Registration No. 4102823 and first use date identified in
`Registration No. 4102823
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Mark
`
`Goods/services
`
`identified in Registration No. 4102824 and first use date identified in
`Registration No. 4102824
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`NONE
`
`NONE
`
`NONE
`
`Application date
`
`NONE
`
`

`

`Mark
`
`Goods/services
`
`identified in Registration No. 4129126 and first use date identified in
`Registration No. 4129126
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`U.S. application/ registration
`no.
`
`Register
`
`Registration date
`
`Mark
`
`Goods/services
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 4339122 and first use date identified in
`Registration No. 4339122
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 4339123 and first use date identified in
`Registration No. 4339123
`
`Application date
`
`NONE
`
`NONE
`
`NONE
`
`NONE
`
`FACEBOOK
`
`identified in Registration No. 4449195 and first use date identified in
`Registration No. 4449195
`
`

`

`Attachments
`
`85147955#TMSN.png( bytes )
`78574726#TMSN.png( bytes )
`77189479#TMSN.png( bytes )
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`224.10.10 Notice of Opposition_MEMORYBOOK_98336459_Exhibits A - B.pdf
`(622390 bytes )
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`Signature
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`/Jenine Rossington/
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`Name
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`Date
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`Jenine Rossington
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`10/10/2024
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
`In the matter of application Serial No. 98336459
`For the Trademark MEMORYBOOK
`Published in the Official Gazette on September 10, 2024
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`META PLATFORMS, INC.,
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`v.
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`MEMORYLANE,
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`Opposer,
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` Opposition No. _
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`Applicant.
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`NOTICE OF OPPOSITION
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`Opposer Meta Platforms, Inc., formerly known as Facebook, Inc., (“MP” or “Opposer”),
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`a Delaware corporation having its principal place of business at 1 Meta Way, Menlo Park,
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`California 94025, believes that it will be damaged by the issuance of a registration for the mark
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`MEMORYBOOK (“Applicant’s Mark”) as identified in Application Serial No. 98336459 (the
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`“Subject Application”) filed by MemoryLane, (“Applicant), with a mailing address of 1047 NW
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`Promontory Ct, Bend, Oregon 97703. The Subject Application published for opposition on
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`September 10, 2024. Opposer timely opposes the Subject Application.
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`As grounds for opposition, MP states the following:
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`1.
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`MP is the world’s leading provider of online social networking services. Indeed,
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`MP’s Facebook website at http://facebook.com has been recognized as one of the most-trafficked
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`websites of any kind in the world. The Facebook website allows computer users to find and
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`communicate with existing friends, make new friends, organize groups and events and share
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`1
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`their personal profiles, statuses, activities, photos, links and videos and to create online
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`communities of users with shared interests and connections.
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`2.
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`MP has validly and continuously used the FACEBOOK mark and marks
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`incorporating the element FACEBOOK in connection with a variety of goods and services,
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`including, but not limited to, online networking services, since at least as early as February,
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`2004.
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`3.
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`Since launching its online networking service under the FACEBOOK mark, MP
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`has continued to use and expand its use of the FACEBOOK mark for a variety of goods and
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`services including, without limitation:
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`
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`Internet based introduction and social networking services; providing on-line
`computer databases and on-line searchable databases in the field of social
`networking;
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` Creating an on-line community for registered users to participate in discussion,
`get feedback from their peers, form virtual communities, and engage in social
`networking;
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` Software to enable uploading, posting, showing, displaying, tagging, blogging,
`sharing, or otherwise providing electronic media or information over the Internet
`or other communications networks;
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` Providing online chat rooms and electronic bulletin boards for registered users for
`transmission of messages concerning collegiate life, general interest, classifieds,
`virtual community, social networking, photo sharing, and transmission of
`photographic images; provision of on-line forums for the transmission of
`photographic images; provisions of on-line forums for communications on topics
`of general interest;
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` Online chat functions for transmission of messages, photographs, videos, and
`other user-defined content;
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` Providing social services and information in the field of personal development,
`namely, self-improvement, self-fulfillment, charitable, philanthropic, volunteer,
`public and community services, and humanitarian activities;
` Computer services, namely, creating an on-line community for registered users to
`participate in discussion, get feedback from their peers, form virtual communities,
`and engage in social networking; and
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`2
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` Audio and video broadcasting services over the Internet or other communications
`networks, namely, uploading, posting, showing, displaying,
`tagging and
`electronically transmitting information, audio, and video clips; providing on-line
`chat rooms, listservers, and on-line forums for transmission of messages among
`computer users concerning user-defined content.
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`4.
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`In addition to the common law rights MP owns in the FACEBOOK mark, it also
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`owns the following federal registrations for marks comprised of or incorporating the
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`FACEBOOK mark (collectively the “FACEBOOK Marks”):
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`
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`Mark
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`Registration
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`Classes
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`FACEBOOK
`FACEBOOK
`FACEBOOK
`FACEBOOK
`FACEBOOK
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`FACEBOOK
`FACEBOOK
`FACEBOOK
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`
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`4,392,662
`3,041,791
`3,734,637
`3,801,147
`3,814,888
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`3,935,447
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`45
`38
`9, 38, 41, 42
`9, 38, 41, 42
`42
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`9
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`4,099,518
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`38, 45
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`4,102,822
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`38, 41, 42
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`4,102,823
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`4,102,824
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`4,129,126
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`4,339,122
`4,339,123
`4,449,195
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`35, 42
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`38, 45
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`35, 38, 41
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`9
`42
`38
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`5.
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`True and correct copies of registrations for the above FACEBOOK Marks are
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`attached hereto as Exhibit A and are incorporated by reference as though fully set forth herein.
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`6.
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`The FACEBOOK Marks are highly distinctive with regard to social media,
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`electronic publications, and online networking goods and services, among others. Moreover,
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`3
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`through MP’s widespread use of the FACEBOOK Marks, extensive and continuous media
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`coverage, the high degree of consumer recognition of the FACEBOOK Marks, MP’s enormous
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`and loyal user base, its numerous trademark registrations and pending applications, and other
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`factors, the FACEBOOK Marks have become famous within the meaning of Section 43(c) of the
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`United States Trademark Act, 15 U.S.C. § 1125(c).
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`7.
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`The United States Trademark Trial and Appeal Board has held the FACEBOOK®
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`mark to be famous, concluding that it is “well known to the general public, as well as to users of
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`social networking services” and that the mark is therefore “accorded more protection precisely
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`because it is more likely to be remembered and associated in the public mind.” See Exhibit B,
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`(Facebook, Inc. v. Think Computer Corporation (Opposition No. 91198355), available at
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`http://ttabvue.uspto.gov/ttabvue/ttabvue-91198355-OPP-64.pdf).
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`8.
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`On December 29, 2023, Applicant filed the Subject Application on the basis of
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`Applicant’s bona fide intent to use the mark in commerce pursuant to 15 U.S.C. § 1051(b).
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`9.
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`On September 10, 2024, the United States Patent and Trademark Office published
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`the Subject Application in the Official Gazette in connection with the following services
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`(“Applicant’s Services”):
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`Class 45: Online social networking services in the field of Social Media
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`FIRST GROUND FOR OPPOSITION:
`LIKELIHOOD OF CONFUSION
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`10. MP incorporates by reference Paragraphs 1 through 9, inclusive, as if fully set
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`forth herein.
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`11. MP began using the FACEBOOK Marks at least as early as February 2004, and
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`filed applications resulting in federal registrations for the FACEBOOK Marks well prior to when
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`4
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`Applicant filed the Subject Application and, on information and belief, well prior to any actual
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`use of Applicant’s Mark, if any such use has been made.
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`12.
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`The FACEBOOK Marks are strong and famous.
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`13.
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`Applicant’s Mark is highly similar in sight, sound, and commercial impression to
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`the FACEBOOK Marks. The second half of the literal element of Applicant’s Mark,
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`MEMORYBOOK, is identical to the FACEBOOK Marks.
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`14.
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`Applicant’s Services in International Class 45 are identical to MP’s services in
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`Class 45.
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`15.
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`On information and belief, Applicant’s Services are or will be offered through the
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`same channels of trade as MP’s goods and services.
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`16.
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`On information and belief, Applicant filed the Subject Application with
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`knowledge of and intent to call to mind, create a likelihood of confusion with regard to, and/or
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`trade off the fame of MP and the FACEBOOK Marks.
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`17.
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`Applicant’s Mark and the material used to promote it, if any, suggest an affiliation
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`or connection between Applicant and MP where none exists.
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`18. MP is not affiliated or connected with Applicant or Applicant’s Services, nor has
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`MP endorsed or sponsored Applicant or Applicant’s Services.
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`19. MP has no control over the nature and quality of the services that are, and/or will
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`be, offered under Applicant’s Mark, and the value of MP’s FACEBOOK Marks would be
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`jeopardized by the registration of Applicant’s Mark. Because of the likelihood of confusion
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`between the parties’ marks, any defects, improprieties, or faults found with Applicant’s Services
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`marketed under Applicant’s Mark would negatively reflect upon MP and injure the reputation
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`5
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`that MP has established for the goods and services it offers in connection with the FACEBOOK
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`Marks.
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`20.
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`Registration of Applicant’s Mark in connection with the applied-for Services will
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`damage MP because Applicant’s Mark is likely, when used on or in connection with such
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`services, to cause confusion, cause mistake, or deceive relevant consumers.
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`SECOND GROUND FOR OPPOSITION:
`DILUTION OF A FAMOUS MARK
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`21. MP inc