Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1283383
`
`Filing date:
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`05/05/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petition for Cancellation
`
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`
`Petitioner information
`
`Name
`
`Entity
`
`Address
`
`Attorney informa-
`tion
`
`Multicom Entertainment Group, Inc.
`
`Corporation
`
`Citizenship
`
`Nevada
`
`8530 WILSHIRE BLVD., SUITE 550
`BEVERLY HILLS, CA 90211
`UNITED STATES
`
`MICHAEL P. MARTIN
`FISCHBACH, PERLSTEIN, LIEBERMAN & ALMOND, LLP
`1925 CENTURY PARK EAST, SUITE 2050
`LOS ANGELES, CA 90067
`UNITED STATES
`Primary email: mmartin@fpllaw.com
`3105561956
`
`Docket no.
`
`Registration subject to cancellation
`
`Registration no.
`
`5760357
`
`Registration date
`
`05/28/2019
`
`Register
`
`Registrant
`
`Principal
`
`Akunna, Ashley
`8 PARKER AVENUE
`MAPLEWOOD, NJ 07040
`UNITED STATES
`
`Goods/services subject to cancellation
`
`Class 041. First Use: Feb 9, 2016 First Use In Commerce: Feb 9, 2016
`All goods and services in the class are subject to cancellation, namely: Entertainment services,
`namely, production and distribution of ongoing television programs in the field of advice, current
`events, news, sports, world affairs, self-improvement, wellness, parenting, fashion, and glamour; En-
`tertainment services, namely, an ongoing series featuring the topics of today in the hands and minds
`of young game changers, artists, cultural innovators, and professionals including public figures and
`people featuring advice, current events, news, sports, world affairs, self-improvement, wellness, par-
`enting, fashion, and glamour provided through a television show broadcasted through a global com-
`puter network; Entertainment services, namely, providing ongoing television programs in the field of
`the topics of today in the hands and minds of young game changers, artists, cultural innovators, and
`professionals including public figures and people featuring advice, current events, news, sports, world
`affairs, self-improvement, wellness, parenting, fashion, and glamour via a global computer network;
`Educational and entertainment services, namely, a continuing program about the topics of today in
`the hands and minds of young game changers, artists, cultural innovators, and professionals includ-
`ing public figures and people featuring advice, current events, news, sports, world affairs, self-
`improvement, wellness, parenting, fashion, and glamour accessible by means of a television show
`broadcasted through a global computer network; Providing information, news, and commentary in the
`
`

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`field of current events via the Internet; Providing an Internet website portal featuring entertainment
`news and information specifically in the field of advice, current events, news, sports, world affairs,
`self-improvement, wellness, parenting, fashion, and glamour
`
`Grounds for cancellation
`
`Priority and likelihood of confusion
`
`Trademark Act Sections 14(1) and 2(d)
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`Abandonment
`
`Trademark Act Section 14(3)
`
`Mark cited by petitioner as basis for cancellation
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`U.S. application
`no.
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`97498520
`
`Application date
`
`07/12/2022
`
`Register
`
`Principal
`
`Registration date
`
`NONE
`
`Foreign priority
`date
`
`NONE
`
`Word mark
`
`Design mark
`
`Description of
`mark
`
`Goods/services
`
`THEGRAPEVINETV
`
`NONE
`
`Class 038. First use: First Use: Jun 5, 2012 First Use In Commerce: Jun 5, 2012
`Audio and video broadcasting services over the Internet; Broadcasting of video
`and audio programming over the Internet; Broadcasting services and provision
`of telecommunication access to video and audio content provided via a video-
`on-demand service via the Internet; Streaming of audio and video tethered
`downloads; Streaming of music, movies and TV shows material on the Internet;
`Streaming of audio material on the Internet; Streaming of audio, visual and audi-
`ovisual material via a global computer network; Streaming of video material on
`the Internet; Video streaming services via the Internet, featuring independent
`films and movies
`
`Attachments
`
`PetitionToCancel.pdf(158094 bytes )
`
`Signature
`
`/Michael P. Martin/
`
`Name
`
`Date
`
`Michael P. Martin
`
`05/05/2023
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the Matter of Trademark Registration
`
`Registration No.:
`
`5760357
`
`Registered:
`
`
`
`May 28, 2019
`
`Mark: GRAPEVINE HEAR IT
`
`
`
`
`
`
`Cancellation No.:
`
`
`
`FRESH (Stylized
`
`Logo)
`
`
`
`41
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`Int'l Class:
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`
`
`MULTICOM ENTERTAINMENT GROUP,
`INC., a Nevada Corporation,
`
`
`Petitioner ,
`
`PETITION FOR CANCELLATION
`
`
`v.
`
`ASHLEY AKUNNA, a United States
`Citizen,
`
`
`Applicant.
`
`
`
`
`
`Sir:
`
`Petitioner, Multicom Entertainment Group, Inc. (hereafter “Petitioner”) a United States
`
`Citizen believes that he will be damaged by Registration No. 5760357, as shown in the
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`records of the United States Patent and Trademark Office to be owned by Registrant, Ashley
`
`Akunna, a United States Citizen (hereafter “Registrant”), and hereby petitions to cancel the
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`same pursuant to 37 CFR § 2.111 and 2.114 (Trademark Act Section 14).
`
`The grounds for cancellation are as follows:
`
`
`
`
`
`

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`PETITIONER’S MARK
`
`1. Petitioner has used the mark THEGRAPEVINETV in connection the following services
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`since June 5, 2012:
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`“Audio and video broadcasting services over the Internet; Broadcasting of video and audio
`
`programming over the Internet; Broadcasting services and provision of telecommunication
`
`access to video and audio content provided via a video-on-demand service via the Internet;
`
`shows material on the Internet; Streaming of audio material on the Internet; Streaming of
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`audio, visual and audiovisual material via a global computer network; Streaming of video
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`material on the Internet; Video streaming services via the Internet, featuring independent
`
`films and movies in class 38.
`
`2. Petitioner has filed United States Trademark Application No. 97498520 for the mark
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`THEGRAPEVINETV in class 38 (“Petitioner Mark”).
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`3. Petitioner has spent significant sums of money advertising and promoting the
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`Petitioner Mark in the United States since before Registrant’s application filing date or first
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`its use date.
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`4. By virtue of this advertising and promotion of Petitioner’s Marks, Petitioner has built
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`up and now owns valuable goodwill and consumer recognition which is uniquely symbolized
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`by Petitioner in connection with the services in class 38.
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`Petitioner Has Priority of Use and There Is a Likelihood of Confusion
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`5.
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`Petitioner’s marks are inherently distinctive, have acquired substantial goodwill and
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`secondary meaning.
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`6.
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`On October 16, 2017, Registrant filed a Untied States Trademark Application to
`
`register the mark GRAPEVINE HEAR IT FRESH (Logo) for: Entertainment services,
`
`namely, production and distribution of ongoing television programs in the field of advice,
`
`current events, news, sports, world affairs, self-improvement, wellness, parenting, fashion,
`
`and glamour; Entertainment services, namely, an ongoing series featuring the topics of
`
`today in the hands and minds of young game changers, artists, cultural innovators, and
`
`professionals including public figures and people featuring advice, current events, news,
`
`sports, world affairs, self-improvement, wellness, parenting, fashion, and glamour provided
`
`through a television show broadcasted through a global computer network; Entertainment
`
`services, namely, providing ongoing television programs in the field of the topics of today
`
`in the hands and minds of young game changers, artists, cultural innovators, and
`
`
`
`
`
`

`

`professionals including public figures and people featuring advice, current events, news,
`
`sports, world affairs, self-improvement, wellness, parenting, fashion, and glamour via a
`
`global computer network; Educational and entertainment services, namely, a continuing
`
`program about the topics of today in the hands and minds of young game changers,
`
`artists, cultural innovators, and professionals including public figures and people featuring
`
`advice, current events, news, sports, world affairs, self-improvement, wellness, parenting,
`
`fashion, and glamour accessible by means of a television show broadcasted through a
`
`global computer network; Providing information, news, and commentary in the field of
`
`current events via the Internet; Providing an Internet website portal featuring entertainment
`
`news and information specifically in the field of advice, current events, news, sports, world
`
`affairs, self-improvement, wellness, parenting, fashion, and glamour in Class 41. This
`
`application proceeded to Registration No. 5760357 on May 28, 2019 with a claimed first
`
`use date on February 9, 2016.
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`7.
`
`Petitioner is informed and believes that Registrant's proposed mark is likely to confuse
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`Petitioner's customers and potential customers, and the public generally in relation to its own
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`mark.
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`

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`8.
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`Petitioner is informed and believes that Registrant’s use and filing date of the
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`proposed mark began after Petitioner’s mark was already in use in interstate commerce, and
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`will damage Petitioner’s mark by lessening the capacity of it to identify and distinguish
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`Petitioner’s services.
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`9.
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`Petitioner has not and does not consent in any way to Registrant's use of the mark
`
`referenced herein.
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`10. Petitioner has been damaged as a proximate result of the U.S. Patent & Trademark
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`Office’s issuance of the challenged registration.
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`Registrant’s Mark is Not In Use for the Registered Goods
`
`
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`5. Upon information and belief, Registrant is not using and has not used the mark
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`GRAPEVINE HEAR IN FRESH in connection with some of the services listed in the certificate
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`of registration.
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`6. On October 16, 2017, Registrant filed a Untied States Trademark Application to
`
`register the mark GRAPEVINE HEAR IT FRESH (logo) for: Entertainment services,
`
`namely, production and distribution of ongoing television programs in the field of advice,
`
`current events, news, sports, world affairs, self-improvement, wellness, parenting, fashion,
`
`and glamour; Entertainment services, namely, an ongoing series featuring the topics of
`
`
`
`
`
`

`

`today in the hands and minds of young game changers, artists, cultural innovators, and
`
`professionals including public figures and people featuring advice, current events, news,
`
`sports, world affairs, self-improvement, wellness, parenting, fashion, and glamour provided
`
`through a television show broadcasted through a global computer network; Entertainment
`
`services, namely, providing ongoing television programs in the field of the topics of today
`
`in the hands and minds of young game changers, artists, cultural innovators, and
`
`professionals including public figures and people featuring advice, current events, news,
`
`sports, world affairs, self-improvement, wellness, parenting, fashion, and glamour via a
`
`global computer network; Educational and entertainment services, namely, a continuing
`
`program about the topics of today in the hands and minds of young game changers,
`
`artists, cultural innovators, and professionals including public figures and people featuring
`
`advice, current events, news, sports, world affairs, self-improvement, wellness, parenting,
`
`fashion, and glamour accessible by means of a television show broadcasted through a
`
`global computer network; Providing information, news, and commentary in the field of
`
`current events via the Internet; Providing an Internet website portal featuring entertainment
`
`news and information specifically in the field of advice, current events, news, sports, world
`
`affairs, self-improvement, wellness, parenting, fashion, and glamour in Class 41. This
`
`
`
`
`
`

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`application proceeded to Registration No. 5760357 on May 28, 2019 with a claimed first
`
`use date on February 9, 2016.
`
`7. Upon information and belief, Registrant is not using and has not used in several years,
`
`the mark in commerce in connection with at least some of the services identified.
`
`8. Petitioner has been damaged as a proximate result of the U.S. Patent & Trademark
`
`Office’s reliance upon the misrepresentations of Registrant regarding alleged use and the
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`issuance of the challenged registration.
`
`9. Because the challenged registration was not and is not in use for the applied for
`
`services, it should be cancelled.
`
`
`
`WHEREFORE, Petitioner prays U.S. Registration No. 5760357 be cancelled, and
`
`that this Petition For Cancellation be sustained in favor of Petitioner.
`
`Respectfully submitted,
`
`By:
`
`__/Michael P. Martin/_____________
`
`
`
`Dated: May 5, 2023
`
`Michael P. Martin
`
`Attorneys for Petitioners
`
`FISCHBACH, PERLSTEIN, LIEBERMAN & ALMOND, LLP
`
`1925 Century Park East, Suite 2050
`
`Los Angeles, California 90067
`
`Telephone: (310) 556-1956
`
`mmartin@fpllaw.com
`
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`CERTIFICATE OF SERVICE
`I hereby certify that on the 5th day of May, 2023, I served a true and correct
`
`copy of the above and foregoing PETITION FOR CANCELLATION by U.S. Mail
`on:
`
`Akunna, Ashley
`Owner Address:
`8 Parker Avenue
`Maplewood, NJ 07040
`
`
`And By courtesy email to jkettle@law.rutgers.edu.
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`________/Michael P. Martin/_________________
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`FISCHBACH, PERLSTEIN, LIEBERMAN & ALMOND LLP
`
`
`1925 Century Park East, Suite 2050
`
`
`Los Angeles, CA 90067
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