`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 1 of 46
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`EXHIBIT A
`
`EXHIBIT A
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`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 2 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 2 of 46
`
`Int. ‘Cl.:_18, 25'
`
`Prior U.S. CI.: 3, 39'
`Reg. No. 1,016,032
`'
`7'
`'.
`‘
`
`Umted States Patent OfliceI Registered July 15, 1,975 ' ‘ ' ' .
`
`
`
`
`
`
`
`
`
`TRADEMARK
`
`Principal Register
`
`SALVATORE FERRAGAMO
`
`SncicIa pcr Azioni Slhalore Icrrugnmo (IIIIi:1n corpo-
`' rat-0n)
`_
`_
`-
`2 Vi'1 Tornubuoni'
`Feran, Italy
`
`'
`
`‘
`
`'
`
`.
`
`for: I.I‘ \TIIFR GOODSWN-\.\IF.I.Y II.ANDB\GS.
`\\-\I._i.I-.IS. SUIIL’ISIiS; '\\I) HF.-\U IYCASES 10R.
`C(‘ISMI;IICS-In'LL1553 (I\F. CL 18).
`‘
`Ior ( I. ()IIIINL; nIxTIL I FS—-N\MI I Y. KNIT‘
`"II D \\I) ( I ()III .\I\I}F DRI SS! S JI IISIi Y\’I: SIS
`SIIIRIS .\.\'I) ( Iii: ~IISI; S KNI'I'IIE I) AND CLOIII-
`M “M SkIIx I‘S. II\III ING-SLI' IIS KNIITEI) AND
`L I.(II II .\I\IJI I'.‘\N IS. IOI I \RDS .SIIA\\I. S TII:.S,
`SIIUIi .S I'UOIS. S.\\I)\l S SL'I’I’I; RS AND BLLTS—
`
`inLLA.>. -) (INI. CI. 25)
`
`I'iist uec I):ccn. er 195.“‘;in comm:rec Deccnibcr 1953‘.
`Owner of US. ch‘. No. 7I93-15
`
`Ser No 4 5 022, filed Jun 3 1973
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 3 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 3 of 46
`
`Int. ’Cl.: 18, 25
`
`'
`Prior U.S. CL: 3, 39
`Reg. No. 1,015,032
`_
`.
`
`Uthd States Patent 0mm Regisfiered JuEy 15, 1975
`
`TRADEMARK
`
`Principal Register
`
`SALVATORE FERRAGAMO
`
`Socicta per Azioni Salvatore Ferragamo (Italian corpo-
`ration)
`2 Via Tornabuoni
`Fume: Italy
`
`For: LEATHER GOODS—NAMELY, HANDBAGS,
`WALLETS, SUITCASES, AND BEAUTY—CASES FOR
`COSMETICS—in CLASS 3 (INT. CL. 18).
`For: CLOTHING ARTICLES—NAMELY, KNIT-
`TED AND CLOTH—MADE DRESSES, JERSEY-VESTS,
`SHIRTS AND CHEMISES, KNITTED AND CLOTH—
`MADE SKIRTS», BATHING-SUITS, KNITTED AND
`CLOTH-MADE PANTS, FOULARDS, SHAWLS, TIES,
`SHOES», BOOTS, SANDALS, SLIPPERS AND BELTS——
`in CLASS 39 (INT. CL. 25).
`First use December 1953;1'11 commerce December 195 3.
`Owner of US. Reg. No. 719,345.
`
`Ser. No. 445,022, filed Ian. 3, 1973.
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 4 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 4 of 46
`
`Int. Cls.: 18 and 25
`
`Prior U.S. Cls.: 3 and 39
`
`Reg. No. 1,016,032
`United States Patent and Trademark Office
`Registered July 15, 1975
`
`10 Year Renewal
`ReneWal Term Begins July 15, 1995
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`SALVATORE FERRAGAMO
`
`FERRAGAMO ITALIA
`SALVATORE
`S.I’.A. (ITALY CORPORATION)
`VIA DEI TORNABUONI. 2
`FLORENCE, ITALY, BY MERGER AND
`CHANGE OF NAME AND ASSIGN'
`MENT FROM SOCIETA PER AZIONI
`SALVATORE FERRAG/‘MO (ITALY
`CORPORA'I‘ION) FIRENZE, ITALY
`
`OWNER OF US, REG. NO. 719,345.
`
`F0R= LEATHER GOODS—NAMELYI
`HANDBAGS, WALLETS.
`SUITCASES,
`AND BEAUTY-CASES FOR COSMETICS,
`IN CLASS 3 (INT. CL. 18).
`
`FIRST USE 12—0—1953; IN COMMERCE
`1104953.
`ARTICLES—
`CLOTHING
`FOR:
`NAMELY, KNITTED AND CLOTH-
`_MADE.
`DRESSES.
`JERSEY-VESTS.
`SHIRTS AND CHEMISES. KNITTED
`AND CLO’I‘HMADE SKIRTS. BATHING-
`sun‘s. KNITTED AND CLOTHMADE
`PANTS, FOULARDS. SI-IAWLS. TIES.
`SHOES, BOOTS. SANDALS. SLIPPERS
`AND BELTS. IN CLASS 39 (INT. CL. 25).
`FIRST USE 12-04953; IN COMMERCE
`124,495].
`SERI NO. 72441022, FILED l—3—l973.
`
`In testimony whereof I have hereunto set my hand
`and caused the seal of The Patent and Trademark
`Office to be aflixed on Dec. 12, 1995.
`
`COMMISSIONER OF PATENTS AND TRADEMARKS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 5 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 5 of 46
`
`Int. CL: 26
`
`Prior U.S. CL: 40
`
`Reg. No. 1,208,600
`United States Patent and Trademark Office
`Registered Sep.14,1982
`-——_—____
`
`TRADEMARK
`
`Principal Register
`
`mwyw
`
`Salvatore Ferragamo S.p.‘A. (Italy corporation)
`2, Via Tomabuoni
`Florence, Italy
`
`For: BUCKLES FOR BELTS, FOOTWEAR,
`' HANDBAGS, WALLETS, CHANGE PURSES
`AND DOCUMENT HOLDERS, in CLASS 26 (U.S.
`Cl. 40).
`First use Jun. 1977; in commerce Jul. 1977.
`Owner of U.S. Reg. Nos. 1,031,093 and 1,114,060.
`Sec. 2(1).
`
`Ser. No. 289,240, filed Dec. 9, 1980.
`
`PAUL E. FAHRENKOPF, Primary Examiner
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 6 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 6 of 46
`
`Int. Cls.: 25 and 42
`
`Prior U.S. Cls.: 39 and 100
`
`Reg. No. 1,609,161
`United States Patent and Trademark Office Registered Aug. 7, 1990
`
`
`
`TRADEMARK
`SERVICE MARK
`PRINCIPAL REGISTER
`
`fdm‘mW
`
`SALVATORE FERRAGAMO S.P.A.
`CORPORATION)
`2 VIA TORNABUONI
`FLORENCE, ITALY
`
`(ITALY
`
`FOR: MEN’S SUITS, SHIRTS, TIES, DRESS
`SHOES, GLOVES, SWEATERS, SPORT JACK-
`ETS, PANTS; LADIES DRESSES, BLOUSES,
`HATS, GLOVES, SKIRTS,
`JACKETS, SUITS,
`SHOES, TOPS, SWEATERS, SCARVES, COATS,
`BELTS, IN CLASS 25 (U.S. CL. 39).
`FIRST USE
`0—0—1970;
`IN COMMERCE
`0—0—1970.
`FOR: DESIGN SERVICES IN THE FIELD OF
`FASHION ARTICLES AND ACCESSORIES, VE-
`HICLES AND THEIR INTERIOR DECORAT-
`ING, SERVICE STATIONS, BUILDINGS AND
`BUILDING MATERIALS,
`INTERIOR DECO—
`RATING FOR HOMES AND OFFICES, JEWEL-
`RY AND CUSTOM JEWELRY, PACKAGING
`
`AND CONTAINERS, GIFT ARTICLES, SMOK-
`ERS ARTICLES, STATIONERY, SCHOOL ARTI-
`CLES,
`FURNITURE,
`FRAMES, WATCHES,
`CLOCKS, KNICK-KNACKS AND OBJECTS
`FOR DOMESTIC USE AND FOR THE KITCH-
`EN,
`HOUSEHOLD
`TOWELS,
`BEDDING,
`GAMES AND TOYS, HYGIENIC PRODUCTS,
`PERFUMERY AND COSMETICS, CARE AND
`ADORNMENT OF ANIMALS,
`IN CLASS 42
`(U.S. CL. 100).
`FIRST USE
`0—0—1926.
`THE
`IS
`FERRAGAMO"
`“SALVATORE
`NAME OF THE DECEASED FOUNDER OF
`THE APPLICANT COMPANY.
`-
`
`IN COMMERCE
`
`0—0-1926;
`
`SER. NO. 73—796,739, FILED 5—1—1989.
`
`ROBERT C. CLARK JR., EXAMINING ATTOR-
`NEY
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 7 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 7 of 46
`
`Int. CL: 25
`
`Reg. No. 2,051,981
`Prior U.S. Cls.: 22 and 39
`
`United States Patent and Trademark Office Registered Apr. 15, 1997
`
`TRADEMARK
`PRINCIPAL REGISTER
`
`
`
`SALVATORE FERRAGAMO ITALIA S.P.A.
`(ITALY CORPORATION)
`2 VIA DEI TORNABUONI
`FLORENCE, ITALY
`
`THE LINING IS A FEATURE OF THE MARK
`AND IS NOT INTENDED TO INDICATE
`COLOR.
`
`FOR: SHOES, IN CLASS 25 (us. CLS‘ 22 AND
`39).
`FIRST USE
`oeoA1991,
`
`IN COMMERCE
`
`0—0—1991;
`
`SER‘ NO' 74'715’653’ FILED 8—15—1995-
`
`ANDREW AI ROPPEL, EXAMINING ATTOR-
`NEY
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 8 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 8 of 46
`
`SALVATORE FERRAGAMO S.P.A. (ITALY JOT T STOCK CONIPANY)
`VIA DEI TORNABUONI, 2
`50123 FIRENZE FI, ITALY
`
`
`
`FOR: HANDBAGS, SHOU'D'3R BAGS, BRI:
`
`
`CANVAS SHOPPING BAGS, )UFI-LE BAGS, TOTE BAGS, CLUTCH BAGS, ATTACHE—
`
`
`
`CASES, SUITCAS 4 S,WH 4EL 4 D LUGGAGE, GARIWENT BAGS FOR TRAV.
`3L, RUCKSACKS,
`
`VANITY
`TRIN (S, TRAVELLING BAGS. LL
`GGAGE, WALLETS, PURSES, KEYCASES,
`
`CAS 48 SOI D 4MPTY, UVIBRELLAS, IN CLASS 18 (US. CLS. I, 2, 3, 22AND 41).
`
`
`
`
`
`Reg. No. 4,514,247
`
`Registered Apr. 15, 2014
`
`Int. Cls.: 18 and 25
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
` EFCASES, WAIST PACKS, LEATHER AND
` FOR MEN, WOMEN AND CHILDR
`
`FIRST USE 9-0-2000; IN CONMERC:
`
`3 9-0-2000.
`
`
`
` 4N, NAM 4LY,
`FOR: ARTICLES OF CLOTHING
`
`
`
`ERS, JERSEYS, JUNIPERS, JACK:
`ETS, SWEATSHI (TS,
`PUSLOVERS, CARDIGANS, SWEAT
`SES, SHIRTS, POLO SHIRTS, TROUSERS, JEANS,
`PARKAS, BATHING SUITS, BLOL
`
`WAISTCOATS, SKIRTS SHORTS, T- SHIRTS.DRESSES,MEN'S SUITS, COATS,RAINCOATS,
`
`OVERC OATS OVERALLS, POCKEI SQIIAR4SS, NSCKERCHIEFSJSINDERPANTS,PANTIES,
`
`
` ETS,VESTS,IIOSI: ERY AND
`RTS, BRASS ERES, CORS:
`UNDSRSHIRTS, SLIPS, BOXER SIIO
`
`
`
`
`PANTY HOSE, BATHROB3S, SHAWLS, SCARVES, N3CKTI'3S, GLOVES FOR CLOTHING,
`BEI TS FOR CIOTHING, SHOES, BOOTS, SANDALS, SLIPPERS, CLOGS, HATS AND CAPS,
`IN CLASS 25 (US. CLS. 22 AND 39).
`
`FIRST USE 9—0—2000, IN COMMERCE 9—0—2000.
`
`
`OWI\.S‘R OF ITALY REG. NO. 570786, DATED 5-14-1992,
`
` EXPIRES 3-17-2022.
`
`
`
`
`OWN 4R OF US REG. NOS. 1,819,930, 2,932,344 ANT) OTHERS.
`
`THE MARK CONSISTS OF A RING-SHAPED EL EMENT WITH A GAP DELIMITiSD BY
`
`
`
` TW0 TIPS FROM WHICH TW0 SMALL SYMMETRICAL LEGSARRAVGED NA SPECUSAR
`
`
`
`
`
`
`MAFN3R 3XTEND OUTWARDS, WITH AN ELENIENT BETWE 4N TH 4 M WH CH IS
`
`
`ALIGNED WITH AND BRIDG 4 S TH
` 4 GAP.
`
`
` SER. NO. 86—056,898, FILED 9—5—2013.
`
`Deputy Director of the United States
`Patent and Trademark Office
`
`
`WENDY GOODMAN, EXAMINTNG ATTORNEY
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 9 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 9 of 46
`
`REQUIREMENTS TO MAINTAIN YOUR FEDERAL
`TRADEMARK REGISTRATION
`
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`
`Requirements in the First Ten Years*
`What and When to File:
`
`First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
`5th and 6th years after the registration date. See 15 U.S.C. §§ 1058, 1141k. 1f the declaration is
`accepted, the registration will continue in force for the remainder of the ten-year period, calculated
`from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
`federal court.
`
`Second Filing Deadline.- You must file a Declaration of Use (or Exeusable Nonuse) and an
`Application for Renewal between the 9th and 10th yea rs after the registration date.*
`See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods"
`What and When to File:
`
`You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
`every 9th and IOIh-year period, calculated from the registration date. *
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above
`with the payment of an additional fee.
`
`
`
`*ATTENTION MADRID PROTOCOL REGIS TRANTS: The holder of an international registration with
`an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
`of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
`based on the US. registration date (not the international registration date). The deadlines and grace periods
`for the Declarations of Use (or Exeusable Nonuse) are identical to those for nationally issued registrations.
`See 15 U. S.C. §§1058, 1141k. However, owners of international registrations do not file renewal applications
`at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
`International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
`before the expiration of each ten-year term of protection, calculated from the date of the international
`registration. See 15 U.S.C. §1141j. For more information and renewal forms for the international registration,
`see http://www.wipo.int/madrid/en/.
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above onlinc
`at http://www. uspto.gov.
`
`Page: 2 /RN # 4,514,247
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 10 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 10 of 46
`
`
`
`SALVATORE FERRAGAMO S.P.A. (ITALY JOINT STOCK CONIPANY)
`VIA DEI TORNABUONI, 2
`I—50123 FIRFNZIE
`ITALY
`
`Reg. No. 4,578,196
`
`Registered Aug. 5, 2014
`
`Int. Cls.: 18 and 25
`
`TRADEMARK
`
`PRINCIPAL REGISTER
`
`
`
`
`
`
`
`FOR: BAGS, NAVIELY, SF OULDER BAGS, TRAVELLING BAGS, HAN )BAGS, BOSTON
`
`BAGS, WAIST PACKS, SLING BAGS FOR CARRYING INFANTS, LEATHER AND CANVAS
`SHOPPING BAGS, DUFFLE BAGS, TOTE BAGS, CLUTCII BAGS, EVENING IIANDBAGS,
`
`TRLNKS, WALLETS, PURSES, LEATHER CREDIT CARD CASES, LEATHER BUSINESS
`CARD CASES, BRIEECASES, ATTACEE CASES, POUCHES 0E LEATHER, SCHOOL BAGS,
`SATCHELS, SUITCASES, GARNIENT BAGS FOR TRAVEL, KEY CASES MADE OF
`
`LEATHER, BACKPACKS, RUCKSACKS, VANITY CASES SOED EMPTY, CARRY-ON BAGS,
`
`
`WHEELED BAGS, BEACH BAGS, UMBRELLAS, IN CLASS 18 (US. CLS. 1, 2, 3, 22 AND
`41).
`
`
`FO{: ARTICLES 0
`
`I
`
`CLOTH. NG FOR MEN, WOMEN AND CHILDREN, NAMELY,
`
`PUELOVERS, CARD GANS, SWEATERS, JERSEYS, JUMPERS, JACKETS, SWEATSHI (TS,
`
`
`1
`PARKAS, BATIHNG SUITS, BLOUSES, SIHRTS, POLO SIHRTS, TROUSERS, JEANS,
`
`
`WAISTCOATS, SKIRTS, SHORTS, T-SHI (TS, DRESSES, MEN'S SUITS, DOWN JACKETS,
`
` )ERWEAR, VESTS,
`ANORAKS, COATS, RAINCOATS, OVERCOATS, OVER/\LLS, U1\
`
`
`
`
`
`
`HOSIERY AND PANTY HOSE,
`BAT} {OB E S, POCK E T SQUARES, NECK E RCHI EFS,
`
`
`
`
`BANDANAS, SHAWLS, SCARVES, NECKTI'ES, GLOVES FOR CLO EHII\G, BELTS FOR
`CLOTHING, SHOES, BOOTS, SANDALS, SLIPPERS, CLOGS, HATS A\JD CAPS, 1N CLASS
`25 (US CLS. 22 AND 39).
`
`OWTIER OF US REG. NOS. 1,819,930, 3,194,636 AND OTHERS.
`
`
`
`
`OWNER OF INTERNA
`20 19.
`
`
`
`IONAL REGISTRATION 0712108 DATED 4-9-1999, EXPIRES 4-9-
`
`
`THE THREE-DIMENSIONAL TRADEMARK CONSISTS OF A RING ELEMENT WITH A
`
`
`
`BROKEN PATTERN DELIMITED BY IWO ENDS; AT EACH END, THERE ARE TWO
`
`SYMMETRICAL APPENDICES BETWEEN WHICH THERE IS AN ELEMENT 1N TERRUPTING
`
`
`
`SAID BROK EN PATT ERN.
`
`Deputy Director of the United States
`Patent and Trademark Office
`
`
`SER. NO. 79-142 619. FILED 8-8-2013.
`,
`I
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 11 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 11 of 46
`
`Reg. No. 4,578,196 EVIN L. KOZAK,EXAMININGATTORNEY
`
`Page: 2 /RN # 4,578,196
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 12 of 46
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 12 of 46
`
`REQUIREMENTS TO MAINTAIN YOUR FEDERAL
`TRADEMARK REGISTRATION
`
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`
`Requirements in the First Ten Years*
`What and When to File:
`
`First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the
`5th and 6th years after the registration date. See 15 U.S.C. §§ 1058, ll41k.
`If the declaration is
`accepted, the registration will continue in force for the remainder of the ten-year period, calculated
`from the registration date, unless cancelled by an order of the Commissioner for Trademarks or a
`federal court.
`
`Second Filing Deadline.- You must file a Declaration of Use (or Exeusable Nonuse) and an
`Application for Renewal between the 9th and 10th yea rs after the registration date.*
`See 15 U.S.C. §1059.
`
`Requirements in Successive Ten-Year Periods"
`What and When to File:
`
`You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between
`every 9th and IOIh-year period, calculated from the registration date. *
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above
`with the payment of an additional fee.
`
`
`
`*ATTENTION MADRID PROTOCOL REGIS TRANTS: The holder of an international registration with
`an extension of protection to the United States under the Madrid Protocol must timely file the Declarations
`of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are
`based on the US. registration date (not the international registration date). The deadlines and grace periods
`for the Declarations of Use (or Exeusable Nonuse) are identical to those for nationally issued registrations.
`See 15 U. S.C. §§1058, 114 1k. However, owners of international registrations do not file renewal applications
`at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
`International Bureau of the World Intellectual Property Organization, under Article 7 of the Madrid Protocol,
`before the expiration of each ten-year term of protection, calculated from the date of the international
`registration. See 15 U.S.C. §ll4lj. For more information and renewal forms for the international registration,
`see http://www.wipo.int/rnadrid/en/.
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above onlinc
`at http://www. uspto.gov.
`
`Page: 3 /RN # 4,578,196
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 13 of 46
`
`Reg. No. 6,127,042
`Registered Aug. 18, 2020
`Int. Cl.: 14, 25
`Trademark
`Principal Register
`
`Salvatore Ferragamo S.p.A. (ITALY JOINT STOCK COMPANY)
`Via Dei Tornabuoni, 2
`I-50123 Firenze
`ITALY
`
`CLASS 14: Jewellery and imitation jewellery; earrings; bracelets; necklaces; rings; anklets
`being jewellery; pendants; brooches being jewellery and imitation jewellery; chains being
`jewellery and imitation jewellery; cufflinks; tie pins; jewellery cases; key rings comprised of
`split rings with trinket or decorative fob; ornamental novelty pins being jewellery or imitation
`jewellery; shoe jewellery; horological and chronometric instruments; clocks; watches; parts
`for watches; wristwatches; diving watches; pocket watches; chronometers; chronographs for
`use as timepieces and for use as watches; watch bands and straps; watch chains; watch cases
`being cases adapted for holding watches
`
`CLASS 25: Pullovers; cardigans; sweaters; jerseys; jumpers; jackets being clothing; sweat
`shirts; parkas; bathing suits; beachwear; pareos; blouses; shirts; polo shirts; trousers; jeans;
`waistcoats; blazers; skirts; bermuda shorts; shorts; T-shirts; boleros; dresses; women's
`dresses; men's suits; women's suits; evening dresses; cocktail dresses; smoking jackets;
`tuxedos; coats; blousons; raincoats; anoraks; down jackets; overcoats; clothing of leather or
`imitation leather, namely, jackets being clothing, parkas, trousers, waistcoats, boleros, skirts,
`shorts, coats, overcoats, gloves as clothing, belts for clothing, shoes, sneakers, boots, sandals,
`hats, caps being headwear; furs being clothing; tracksuits; overalls; socks; capes; ponchos;
`sashes for wear; shawls; scarves; neckties; foulards being clothing; bandanas; bow ties;
`pocket squares; neckerchiefs; gloves as clothing; belts for clothing; braces as suspenders;
`shoes; rain boots; gymnastic shoes; sneakers; boots; sandals; flip-flops; slippers; clogs; hats;
`caps being headwear
`
`The three-dimensional trademark consists of two open ringed elements, each ending with two
`symmetrical appendages turned towards the outside, the above elements arranged with their
`open parts opposite and joined by an axial element extending among the said open parts.
`
`OWNER OF U.S. REG. NO. 2051981
`
`INTERNATIONAL REGISTRATION 0813675 DATED 10-07-2003,
`OWNER OF
`EXPIRES 10-07-2023
`
`SER. NO. 79-274,090, FILED 10-29-2019
`
`
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`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 14 of 46
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`REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
`
`WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
`DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
`
`Requirements in the First Ten Years*
`What and When to File:
`
`•
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`•
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`First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th
`and 6th years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted,
`the registration will continue in force for the remainder of the ten-year period, calculated from the
`registration date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
`
`Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and
`an Application for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C.
`§1059.
`
`Requirements in Successive Ten-Year Periods*
`What and When to File:
`
`•
`
`You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
`between every 9th and 10th-year period, calculated from the registration date.*
`
`Grace Period Filings*
`
`The above documents will be accepted as timely if filed within six months after the deadlines listed above
`with the payment of an additional fee.
`
`*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with
`an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of
`Use (or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office
`(USPTO). The time periods for filing are based on the U.S. registration date (not the international registration
`date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to
`those for nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international
`registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the
`underlying international registration at the International Bureau of the World Intellectual Property
`Organization, under Article 7 of the Madrid Protocol, before the expiration of each ten-year term of
`protection, calculated from the date of the international registration. See 15 U.S.C. §1141j. For more
`information and renewal forms for the international registration, see http://www.wipo.int/madrid/en/.
`
`NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
`USPTO website for further information. With the exception of renewal applications for registered
`extensions of protection, you can file the registration maintenance documents referenced above online
`at http://www.uspto.gov.
`
`NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
`owners/holders who authorize e-mail communication and maintain a current e-mail address with the
`USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
`Electronic Application System (TEAS) Correspondence Address and Change of Owner Address
`Forms available at http://www.uspto.gov.
`
`Page: 2 of 2 / RN # 6127042
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`EXHIBIT B
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`EXHIBIT B
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`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 16 of 46
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`Catalog
`
`Inventory Orders Advertising
`
`Stores
`
`Reports
`
`Performance
`
`Help / Account settings / Reference / Amazon Services Business Solutions Agreement
`
`Amazon Services Business Solutions
`Agreement
`
`The version of this Agreement in English is the definitive legal version. A translation into Chinese is
`available for your ease of reference.
`
`General Terms
`
`Welcome to Amazon Services Business Solutions, a suite of optional services for sellers including:
`Selling on Amazon, Fulfillment by Amazon, Amazon Advertising, Transaction Processing Services,
`and the Selling Partner API.
`
`THIS AMAZON SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE
`TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN
`AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND AMAZON. BY REGISTERING
`FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU
`REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE
`TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR
`ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY").
`
`As used in this Agreement, "we," "us," and "Amazon" means the applicable Amazon Contracting
`Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a
`Service as an individual), or the business employing the applicant (if registering for or using a
`Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them
`in this Agreement. If there is any conflict between these General Terms and the applicable Service
`Terms and Program Policies, the General Terms will govern and the applicable Service Terms will
`prevail over the Program Policies.
`
`1. Enrollment.
`To begin the enrollment process, you must complete the registration process for one or more of the
`Services. Use of the Services is limited to parties that can lawfully enter into and form contracts
`under applicable Law (for example, the Elected Country may not allow minors to use the Services).
`As part of the application, you must provide us with your (or your business') legal name, address,
`phone number and e-mail address, as well as any other information we may request. Any personal
`data you provide to us will be handled in accordance with Amazon’s Privacy Notice.
`
`2. Service Fee Payments; Receipt of Sales Proceeds.
`Fee details are described in the applicable Service Terms and Program Policies. You are responsible
`for all of your expenses in connection with this Agreement. To use a Service, you must provide us
`with valid credit card information from a credit card or credit cards acceptable by Amazon ("Your
`Credit Card") as well as valid bank account information for a bank account or bank accounts
`acceptable by Amazon (conditions for acceptance may be modified or discontinued by us at any
`time without notice) ("Your Bank Account"). You will use only a name you are authorized to use in
`connection with a Service and will update all of the information you provide to us in connection
`with the Services as necessary to ensure that it at all times remains accurate, complete, and valid.
`You authorize us (and will provide us documentation evidencing your authorization upon our
`request) to verify your information (including any updated information), to obtain credit reports
`about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card,
`FEEDBACK
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 17 of 46
`
`and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in
`reimbursement or otherwise). All payments to you will be remitted to Your Bank Account through a
`banking network or by other means specified by us.
`
`If we determine that your actions or performance may result in returns, chargebacks, claims,
`disputes, violations of our terms or policies, or other risks to Amazon or third parties, then we
`may in our sole discretion withhold any payments to you for as long as we determine any
`related risks to Amazon or third parties persist. For any amounts that we determine you owe us,
`we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b)
`offset any amounts that are payable by you to us (in reimbursement or otherwise) against any
`payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to
`us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your
`Bank Account; or (e) collect payment or reimbursement from you by any other lawful means. If
`we determine that your account has been used to engage in deceptive, fraudulent, or illegal
`activity, or to repeatedly violate our Program Policies, then we may in our sole discretion
`permanently withhold any payments to you. Except as provided otherwise, all amounts
`contemplated in this Agreement will be expressed and displayed in the Local Currency, and all
`payments contemplated by this Agreement will be made in the Local Currency.
`
`In addition, we may require that you pay other amounts to secure the performance of your
`obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes,
`violations of our terms or policies, or other risks to Amazon or third parties. These amounts may be
`refundable or nonrefundable in the manner we determine, and failure to comply with terms of this
`Agreement, including any applicable Program Policies, may result in their forfeiture.
`
`As a security measure, we may, but are not required to, impose transaction limits on some or all
`customers and sellers relating to the value of any transaction or disbursement, the cumulative
`value of all transactions or disbursements during a period of time, or the number of transactions
`per day or other period of time. We will not be liable to you: (i) if we do not proceed with a
`transaction or disbursement that would exceed any limit established by us for a security reason, or
`(ii) if we permit a customer to withdraw from a transaction because an Amazon Site or Service is
`unavailable following the commencement of a transaction.
`
`3. Term and Termination.
`The term of this Agreement will start on the date of your completed registration for use of a
`Service and continue until terminated by us or you as provided below. You may at any time
`terminate your use of any Service immediately on notice to us via Seller Central, email, the Contact
`Us form, or similar means. We may terminate your use of any Services or terminate this Agreement
`for convenience with 30 days’ advance notice. We may suspend or terminate your use of any
`Services immediately if we determine that (a) you have materially breached the Agreement and
`failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third
`party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our
`reasonable discretion; (b) your account has been, or our controls identify that it may be used for
`deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or our
`controls identify that it might harm, other sellers, customers, or Amazon’s legitimate interests. We
`will promptly notify you of any such termination or suspension via email or similar means including
`Seller Central, indicating the reason and any options to appeal, except where we have reason to
`believe that providing this information will hinder the investigation or prevention of deceptive,
`fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of
`this Agreement, all related rights and obligations under this Agreement immediately terminate,
`except that (d) you will remain responsible for performing all of your obligations in connection with
`transactions entered into before termination and for any liabilities that accrued before or as a result
`of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, and 18 of these General Terms
`survive.
`
`4. License.
`
`FEEDBACK
`
`
`
`Case 2:21-cv-00170 Document 1-1 Filed 02/11/21 Page 18 of 46
`
`You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your
`original and derivative intellectual property rights to use any and all of Your Materials for the
`Services or other Amazon product or service, and to sublicense the foregoing rights to our Affiliates
`and operators of Amazon Associated Properties; provided, however, that we will not alter any of
`Your Trademarks from the form provided by you (except to re-size trademarks to the extent
`necessary for presentation, so long as the relative proportions of such trademarks remain the same)
`and will comply with your removal requests as to specific uses of Your Materials (provided you are
`unable to do so using standard functionality made available to you via the applicable Amazon Site
`or Service); provided further, however, that nothing in this Agreement will prevent or impair our
`right to use Your Materials without your consent to the extent that such use is allowable without a
`license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright
`law, referential use under trademark law, or valid license from a third party).
`
`5. Representations.
`Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing
`and in good standing under the Laws of the country in which the business is registered and that you
`are registering for the Service(s) within such country; (b) it has all requisite right, power, and
`authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and
`authorizations in this Agreement; (c) any information provided or made available by one party to
`the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions
`or otherwise designated on any list of prohibited or restricted parties or owned or controlled by
`such a party, including but not limited to the lists maintained by the United Nations Security
`Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals
`lis