Notice of Opposition

Transcription

1 Trademark Trial and Appeal Board Electronic Filing System. ESTTA Tracking number: ESTTA Filing date: 02/03/2017 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 Granted to Date of previous extension adidas AG 02/05/2017 Address Adi-Dassler-Strasse 1 Herzogenaurach, Attorney information Applicant Information John Zaccaria, Esq. Notaro, Michalos & Zaccaria P.C. 100 Dutch Hill Road, Suite 240 Orangeburg, NY UNITED STATES jzaccaria@notaromichalos.com Phone: Application No Publication date 08/09/2016 Opposition Filing Date Applicant 02/03/2017 Opposition Period Ends Tesla Motors, Inc Deer Creek Road Palo Alto, CA UNITED STATES Goods/Services Affected by Opposition 02/05/2017 Class 025. First Use: 0 First Use In Commerce: 0 All goods and services in the class are opposed, namely: Articles of clothing, namely, t-shirts,shirts, jackets, gloves, scarves, hats;headgear, namely, sports hats, caps, sun visors; hats for infants, babies, toddlers and children; infant and toddler one piece clothing; infant wear Applicant Information Application No Publication date 08/09/2016 Opposition Filing Date Applicant 02/03/2017 Opposition Period Ends Tesla Motors, Inc Deer Creek Road Palo Alto, CA UNITED STATES Goods/Services Affected by Opposition Class 025. First Use: 0 First Use In Commerce: 0

2 All goods and services in the class are opposed, namely: Articles of clothing, namely, t-shirts,shirts, jackets, gloves, scarves, hats;headgear, namely, sports hats, caps, sun visors; hats for infants, babies, toddlers and children; infant and toddler one piece clothing; infant wear Grounds for Opposition Priority and likelihood of confusion Dilution by blurring Trademark Act Section 2(d) Trademark Act Sections 2 and 43(c) Marks Cited by Opposer as Basis for Opposition U.S. Registration No Application Date 01/29/1990 Registration Date 02/04/1992 Foreign Priority Date Word Mark Design Mark THE BRAND WITH THE 3 STRIPES NONE Description of Mark NONE Goods/Services Class 018. First use: First Use: 1968/01/00 First Use In Commerce: 1968/01/00 [ sport bags for general use and cross-country back-packs ] Class 025. First use: First Use: 1968/01/00 First Use In Commerce: 1968/01/00 [ sport and leisure wear; namely, shorts, pants, shirts, T-shirts, jerseys, tights, socks, gloves, jackets, swimwear, sweaters, caps and hats, pull-overs, warm-up suits, rain suits, ski suits, jumpsuits, ] boots, slippers, sandals; shoes, boots and after ski boots for hiking andtrekking, athletic shoes and general-purpose sports shoes Class 028. First use: First Use: 1968/01/00 First Use In Commerce: 1968/01/00 [ sports balls, rackets for tennis, squash or shuttlecock; ice and rollerskates, skis and ski equipment; namely, cross-country skibindings and parts thereof, crosscountry skiing overshoes, racket covers, hand-paddles and kickboards ] U.S. Registration No Application Date 07/11/1968 Registration Date 05/27/1969 Foreign Priority Date Word Mark NONE NONE

3 Design Mark Description of Mark THE MARK CONSISTS OF THREE PARALLEL BANDS EXTENDING ALONG THE LENGTH OF EACH SLEEVE OF THE TRAINING SUIT AND ALONG THE LENGTH OF EACH LEG OF THE TROUSERS, THE BANDS ON THE SLEEVES BEING OF CONTRASTING COLOR TO THAT OF THE RE- MAINDER OF THE SLEEVE AND THE BANDS ON THE LEGS OF THE TROUSERS BEING OF CONTRASTING COLOR TO THAT OF THE RE- MAINDER OF THE TROUSER LEGS. Goods/Services Class 025. First use: First Use: 1967/02/00 First Use In Commerce: 1967/08/03 ATHLETIC TRAINING SUITS U.S. Registration No Application Date 05/01/1970 Registration Date 06/19/1973 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark THE MARK COMPRISES THREE WHITE STRIPES EXTENDING ACROSS THE BLUE BACKGROUND OF THE BOX CONTAINER AND THE OUTLINE OF THECONTAINER BOX IS MADE TO APPEAR IN BROKEN LINES. Goods/Services Class 025. First use: First Use: 1967/00/00 First Use In Commerce: 1967/00/00

4 U.S. Registration No. GENERAL PURPOSE SPORT SHOESSPECIAL PURPOSE ATHLETIC SHOES Application Date 03/16/1992 Registration Date 01/11/1994 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark NONE Goods/Services Class 025. First use: First Use: 1952/00/00 First Use In Commerce: 1952/00/00 athletic footwear U.S. Registration No Application Date 04/07/1992 Registration Date 05/03/1994 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark NONE Goods/Services Class 025. First use: First Use: 1949/00/00 First Use In Commerce: 1978/00/00 athletic footwear U.S. Registration No Application Date 03/07/1995 Registration Date 09/21/1999 Foreign Priority Date NONE

5 Word Mark Design Mark NONE Description of Mark NONE Goods/Services Class 025. First use: First Use: 1952/00/00 First Use In Commerce: 1952/00/00 athletic and leisure footwear U.S. Registration No Application Date 03/28/1995 Registration Date 11/19/1996 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists of three parallel bands positioned along the length of each sleeve of a jacket. The dotted outline ofa jacket is not part of the mark but ismerely intended to show the position ofthe mark. Goods/Services Class 025. First use: First Use: 1967/00/00 First Use In Commerce: 1967/00/00 sports and leisure wear, namely jackets U.S. Registration No Application Date 03/28/1995 Registration Date 05/06/1997 Foreign Priority Date Word Mark NONE NONE

6 Design Mark Description of Mark The mark consists of three parallel bands positioned along the length of each sleeve of a shirt. The dotted outline ofa shirt is not part of the mark but is merely intended to show the position of the mark. Goods/Services Class 025. First use: First Use: 1967/00/00 First Use In Commerce: 1967/00/00 sports and leisure wear, namely shirts U.S. Registration No Application Date 03/28/1995 Registration Date 09/21/1999 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists three parallel bands extending along the length of each leg of the shorts, the bands being of contrasting color to that of the remainder of the shorts. The dotted lines are not a part of the mark and only used to indicate position. Goods/Services Class 025. First use: First Use: 1967/00/00 First Use In Commerce: 1967/00/00 sports and leisure wear, namely, shorts U.S. Registration No Application Date 03/28/1995

7 Registration Date 10/12/1999 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists three parallel bands extending along the length of each leg of the pants, the bands being of contrasting color to that of the remainder of the pants. The dotted lines are not a part of the mark and only used to indicate position. Goods/Services Class 025. First use: First Use: 1967/00/00 First Use In Commerce: 1967/00/00 sports and leisure wear, namely pants U.S. Registration No Application Date 07/28/2003 Registration Date 12/14/2004 Foreign Priority Date Word Mark NONE NONE

8 Design Mark Description of Mark The mark consists of three stripes positioned on the top part of a slide. The dotted outline of the slide is not claimed as part of the mark and is intended only to show the position of the mark. Goods/Services Class 025. First use: First Use: 1972/00/00 First Use In Commerce: 1972/00/00 Footwear, namely, slides U.S. Registration No Application Date 07/28/2003 Registration Date 09/27/2005 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark NONE Goods/Services Class 025. First use: First Use: 1972/00/00 First Use In Commerce: 1972/00/00 Footwear, namely, slides U.S. Registration No Application Date 12/29/2004 Registration Date 12/13/2005 Foreign Priority Date Word Mark NONE NONE

9 Design Mark Description of Mark The mark consists of three parallel stripes applied to footwear, the stripes are positioned on the footwear upper in the area between the laces and the sole. The dotted outline of the footwear is not claimed as part of the mark and is intended only to show the position of the mark. Goods/Services Class 025. First use: First Use: 1952/01/01 First Use In Commerce: 1952/01/01 Footwear U.S. Registration No Application Date 12/29/2004 Registration Date 12/13/2005 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists of three parallel stripes with serrated edges applied to footwear, the stripes are positioned on the footwear upper in the area between the laces and the sole. The dotted outline of the footwear is not claimed as part ofthe mark and is intended only to show the position of the mark. Goods/Services Class 025. First use: First Use: 1952/01/01 First Use In Commerce: 1952/01/01 Footwear U.S. Registration No Application Date 12/29/2004 Registration Date 12/13/2005 Foreign Priority Date Word Mark NONE NONE

10 Design Mark Description of Mark The mark consists of three parallel stripes running along the sleeve of a shirt, t- shirt, sweatshirt, jacket or coat. The dotted outline of the garment is notclaimed as part of the mark and is intended only to show the position of the mark. Goods/Services Class 025. First use: First Use: 1967/02/03 First Use In Commerce: 1967/08/03 Clothing, namely, T-Shirts, sweatshirts, jackets and coats U.S. Registration No Application Date 12/29/2004 Registration Date 05/02/2006 Foreign Priority Date Word Mark Design Mark NONE NONE

11 Description of Mark The mark consists of three parallel stripes running along the side of a shirt, t- shirt, sweatshirt, vest, jacket or coat. The dotted outline of the garment isnot claimed as part of the mark and is intended only to show the position of the mark. Goods/Services Class 025. First use: First Use: 1967/02/03 First Use In Commerce: 1967/08/03 Clothing, namely, shirts, t-shirts, sweatshirts, vests, jackets and coats U.S. Registration No Application Date 01/30/2006 Registration Date 12/12/2006 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists of three parallel stripes extending around the headwear. Goods/Services Class 025. First use: First Use: 1993/05/00 First Use In Commerce: 1994/01/00 Headwear U.S. Registration No Application Date 01/30/2006 Registration Date 12/12/2006 Foreign Priority Date Word Mark NONE NONE

12 Design Mark Description of Mark The mark consists of three parallel stripes on a size adjusting bar at the rearof the headwear. The dotted outline ofthe visor is not claimed as part of themark and is intended only to show the position of the mark Goods/Services Class 025. First use: First Use: 1998/08/00 First Use In Commerce: 1999/03/00 Headwear U.S. Registration No Application Date 01/30/2006 Registration Date 05/01/2007 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists of three parallel stripes extending from the rear of the headwear to the top of the headwear. The dotted outline of the hat, brim and strap are not claimed as part of the mark and is intended only to show the position ofthe mark. Goods/Services Class 025. First use: First Use: 1993/05/00 First Use In Commerce: 1994/01/00

13 U.S. Registration No. Headwear Application Date 02/04/2014 Registration Date 03/08/2016 Foreign Priority Date Word Mark Design Mark NONE NONE Description of Mark The mark consists of three diagonal quadrilaterals positioned parallel to each other upon a contrasting background. Theshaded rectangle is not a feature of the mark. Goods/Services Class 018. First use: First Use: 0 First Use In Commerce: 0 Articles made of leather and imitation leather, namely backpacks, bags for general and sports use, carry-all bags, athletic bags, duffle bags, shoulder bags, sling bags, handbags, purses, tote bags, waist packs, overnight bags, knapsacks, shoe bags and beach bags, wallets and key cases Class 025. First use: First Use: 0 First Use In Commerce: 0 Clothing, namely, shirts, T-shirts, sweatshirts, jerseys, pullovers, tops, vests, sweaters, pants, shorts, bottoms, jackets, coats, dresses, skirts, skorts, underwear, bras, socks, tights, scarves, gloves, belts, wristbands, tracksuits, training suits, warm-up suits, athletic uniforms, swimwear, footwear, athletic footwear, boots, sandals, slides, caps, hats, visors, headbands Class 028. First use: First Use: 0 First Use In Commerce: 0 Athletic sporting goods, namely, shinguards, soccer gloves, goalkeepers' gloves, knee pads and knee guards for athleticuse, leg guards; Balls for sports, soccer balls, basketballs, playground balls Attachments #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes )

14 Signature Name #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) #TMSN.png( bytes ) J Consolidated Notice of Opposition.pdf( bytes ) Exh A-Reg. No pdf(25992 bytes ) Exh B-Reg. No pdf(59355 bytes ) Exh C-Reg. No pdf(61277 bytes ) Exh D-Reg. No pdf(34839 bytes ) Exh E-Reg. No pdf(35890 bytes ) Exh F-Reg. No pdf(27673 bytes ) Exh G-Reg. No pdf(47232 bytes ) Exh H-Reg. No pdf(48533 bytes ) Exh I-Reg. No pdf(47963 bytes ) Exh J-Reg. No pdf(43158 bytes ) Exh K-Reg. No pdf(56115 bytes ) Exh L-Reg. No pdf(42887 bytes ) Exh M-Reg. No pdf(52755 bytes ) Exh N-Reg. No pdf(56739 bytes ) Exh O-Reg. No pdf(62441 bytes ) Exh P-Reg. No pdf(41524 bytes ) Exh Q-Reg. No pdf(40545 bytes ) Exh R-Reg. No pdf(40129 bytes ) Exh S-Reg. No pdf(40921 bytes ) Exh T-Reg. No pdf(36960 bytes ) /J JZ-as/ John Zaccaria, Esq. Date 02/03/2017

15 J /1204 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD adidas AG, Opposer, v. Tesla Motors, Inc., Applicant. CONSOLIDATED NOTICE OF OPPOSITION Application No. 86/960,133 Mark: Application No. 86/960,138 Mark: adidas AG, a German joint stock company, located at Adi-Dassler-Strasse 1, Herzogenaurach, Germany ( adidas or Opposer ), believes that it will be damaged by registrations of the mark as shown in Application Serial No. 86/960,133 and the mark as shown in Application Serial No. 86/960,138 (collectively, Applicant s Marks ), both of Tesla Motors, Inc. ( Applicant ), and Opposer having been granted extensions of time to oppose each of Applications Nos. 86/960,133 and 86/960,138 (collectively Applicant s Applications ) up to and including February 5, 2017, hereby opposes same. As grounds for opposition, adidas alleges: 1. adidas is currently, and for many years has been, one of the world's leading designers and producers of athletic footwear, apparel, sporting equipment and accessories. 2. At least as early as 1952, adidas used its now iconic 3-Stripes Mark on footwear in the United States. 3. adidas expanded its use of the adidas 3-Stripes Mark to apparel and, since 1967, has used the 3-Stripes Mark in the United States on a variety of products,

16 annually encompassing thousands of styles of footwear and clothing for men, women and children, backpacks and sporting goods, among other products, and the 3-Stripes Mark quickly came to signify the quality and reputation of adidas merchandise to the sporting world very early in the company s history. 4. adidas products branded with the 3-Stripes Mark are sold to consumers throughout the United States through adidas's own outlet stores and by its trade customers through more than 300 retailers nationwide including major retailers such as Dick's Sporting Goods, Foot Locker, Champs, Nordstrom, Kohl's, Bloomingdales, JC Penney, Macy's, Neiman Marcus, DSW, Inc., and Famous Footwear, among others. 5. adidas s 3-Stripes Mark branded footwear and apparel have been and are advertised by adidas and its trade customers in various media including the adidas website for more than 15 years and hundreds of its trade customer s websites, via e- commerce marketing, in print media - national magazines, local newspapers and flyers, on television, in radio spots, in retail store displays and via adidas catalogs. 6. The adidas 3-Stripes Mark has been displayed in connection with adidas's sponsorship of sporting events of major league sports teams, collegiate sports teams, and via endorsement and collaborations with athletes, celebrities, artists, designers and other famous-brand owners. 7. adidas has been an official sponsor of the FIFA World Cup Soccer Tournament since at least as early as adidas has been an official sponsor of the Boston Marathon for over twenty-five years. In connection with the Boston Marathon, adidas outfits thousands of volunteers in official race apparel bearing the adidas 3-Stripes Mark and sells official 2

17 race gear bearing the 3-Stripes Mark, including the race jacket, through adidas s booth at the Marathon Expo. 9. adidas has been the Official Outfitter of the National Basketball Association, sponsoring high profile, widely-televised NBA events including NBA All- Star games and NBA All-Star Weekends. 10. The adidas 3-Stripes Mark has been and is used extensively in the United States in connection with adidas s sponsorship of collegiate sports teams. adidas team collegiate sponsorships currently include the University of California at Los Angeles, Mississippi State University, the University of Nebraska, the University of Louisville and the University of Miami. 11. adidas s advertising campaigns have featured, and continue to feature, high-profile athletes and celebrities as brand ambassadors in advertising throughout the United States, including: NFL stars Aaron Rodgers, DeMarco Murray, Jimmy Graham, Von Miller, Sammy Watkins, and Robert Griffin Ill; NBA stars James Harden, Damian Lillard, Derrick Rose, Kyle Lowry, Andrew Wiggins and Kristaps Porzingis; 2016 WNBA Finals MVP Candace Parker; MLB standouts Josh Harrison, Justin Upton, Kris Bryant, Carlos Gomez, Melvin Upton Jr., and James Shields; internationally famous soccer players David Beckham and Lionel Messi; professional golfers Justin Rose, Dustin Johnson and Sergio Garcia; and musical artists, including pop stars Justin Bieber, Katy Perry and Selena Gomez and iconic rappers B.o.B, Snoop Dogg, Pharrell Williams, and Kanye West. 12. In addition to maintaining its high level of brand visibility by its sponsorship of worldwide athletic events, adidas has partnered with other high profile brands to 3

18 produce cobranded products which leverage each brand's cachet to expose both to wider audiences. A few examples of adidas's collaboration with other famous brands include: a longtime collaboration between adidas and Porsche Design was launched in 2006 to offer engineered luxury sportswear; another ongoing collaboration with artist and designer Yohji Yamamoto launched the Y-3 brand for the premium sports fashion market more than a decade ago. 13. The renown of the adidas 3-Stripes Mark has been widely recognized in unsolicited media coverage, examples of which include: the iconic adidas three stripes (Brettman, Allan, World Cup Brings New Shoes, Uniforms from Adidas, Nike, The Oregonian, Feb. 17, 2014); the iconic three-stripe logo (Marr, Madeleine, Summer/spring fashion trends: easy, breezy glamour, The Miami Herald, September 19, 2012); the signature Adidas three-stripe design (USA Today, September 1, 2012); Adidas has built its look - three stripes - that make their products, whether golf shoes, shirts or even slacks instantly identifiable (Metro-Boston, October 16, 2011); adidas ubiquitous three stripes (Brettman, Allan, Going All In, The Oregonian, March 15, 2011); the iconic three stripes ( Game Time, Footwear News, June 16, 2008); Adidas has elevated its signature three stripes to iconic status (Chicago Sun Times, July 26, 2004); The brand with the three stripes is so simple, efficient and elegant that it can be applied to anything and be instantly recognizable as Adidas (Marketing Magazine, April 24, 2003); and the famous brand with the three stripes (Whiting, Sam, Must Have, San Francisco Chronicle, July 7, 2002). 14. The adidas brand is consistently ranked among Interbrand s Annual 100 Best Global Brands. 4

19 15. adidas has consistently promoted three stripes as its trademark. Its predecessor filed an application for registration of the mark, ADIDAS THE MARK WITH THE 3 STRIPES, in 1955, which issued as U.S. Supplemental Registration No. 641,906 in That registration was renewed in 1977 but was superseded by the subsequent use, and application for registration, of the mark THE BRAND WITH THE 3 STRIPES which issued in 1992 on the Principal Register. 16. adidas owns trademark registrations for its 3-Stripes Mark including the following (attached hereto as the exhibits indicated below are printouts from the TSDR database of adidas s registrations, made of record in this proceeding pursuant to 37 C.F.R (d)(1)): Reg./Date Mark Goods Ex. 1,674,229* 02/04/1992 THE BRAND WITH THE 3 STRIPES IC 025: boots, slippers, sandals; shoes, boots and after ski boots for hiking and trekking, athletic shoes and generalpurpose sports shoes A 870,136* IC 025: athletic training suits B 05/27/ ,353* 06/19/1973 IC 025: special purpose athletic shoes; general purpose sport shoes C 1,815,956* IC 025: athletic footwear D 01/11/1994 1,833,868* IC 025: athletic footwear E 05/03/1994 2,278,589* IC 025: athletic and leisure footwear F 06/18/1996 5

20 2,016,963* 11/19/1996 2,058,619* 05/06/1997 IC 025: sports and leisure wear, namely jackets IC 025: sports and leisure wear, namely shirts G H 2,278,591* 09/21/1999 IC 025: sports and leisure wear, namely, shorts I 2,284,308* 10/12/1999 IC 025: sports and leisure wear, namely pants J 2,909,861* 12/14/2004 IC 025: footwear, namely, slides K 2,999,646* 09/27/2005 3,029,129* 12/13/2005 3,029,135* 12/13/2005 3,029,127* 12/13/2005 IC 025: footwear, namely, slides IC 025: footwear IC 025: footwear IC 025: clothing, namely, T-Shirts, sweatshirts, jackets and coats L M N O 3,087,329* 05/02/2006 IC 025: clothing, namely, shirts, t-shirts, sweatshirts, vests, jackets and coats P 3,183,656* 12/12/2006 IC 025: headwear Q 6

21 3,183,663* 12/12/2006 IC 025: headwear R 3,236,505 05/01/2007 IC 025: headwear S 4,910,643 03/08/2016 IC 018: articles made of leather and imitation leather, namely backpacks, bags for general and sports use, carry-all bags, athletic bags, duffle bags, shoulder bags, sling bags, handbags, purses, tote bags, waist packs, overnight bags, knapsacks, shoe bags and beach bags, wallets and key cases; IC 025: clothing, namely, shirts, T-shirts, sweatshirts, jerseys, pullovers, tops, vests, sweaters, pants, shorts, bottoms, jackets, coats, dresses, skirts, skorts, underwear, bras, socks, tights, scarves, gloves, belts, wristbands, tracksuits, training suits, warmup suits, athletic uniforms, swimwear, footwear, athletic footwear, boots, sandals, slides, caps, hats, visors, headbands; IC 028: Athletic sporting goods, namely, shinguards, soccer gloves, goalkeepers' gloves, knee pads and knee guards for athletic use, leg guards; Balls for sports, soccer balls, basketballs, playground balls T * Affidavits for the registrations indicated by an asterisk have been filed pursuant to 8 and 15 of the Lanham Act, 15 U.S.C and 1065, and, therefore, those registrations are incontestable. 17. The goods of adidas that are offered in association with the adidas 3- Stripes Mark are advertised and promoted throughout the United States. The extensive use, advertising and promotion of these various goods under the 3-Stripes Mark feature the use of the mark on products, product packaging, television and print advertising, 7

22 newspaper and magazine advertising, in catalogs and in Internet advertising, all of which are directed to reach the public and prospective purchasers. 18. adidas has expended hundreds of millions of dollars promoting and building its brand in interstate commerce under its 3-Stripes Mark, and has used the 3- Stripes Mark in connection with its sponsorship of athletic events, professional athletes and teams. adidas and the 3-Stripes Mark have received tremendous public exposure and unsolicited media coverage. As a result, the adidas 3-Stripes Mark has acquired substantial consumer recognition, tremendous goodwill and incalculable commercial value. 19. As a result of exclusive and extensive use and promotion in interstate commerce, the adidas 3-Stripes Mark is well known to the consuming public and trade as identifying and distinguishing adidas exclusively and uniquely as the source of products to which the mark is applied. 20. The adidas 3-Stripes Mark is both distinctive and famous as a consequence of extensive use on products, in advertising materials and in televised sports events. 21. Despite the long-standing prior rights of adidas in the 3-Stripes Mark, on August 9, 2016, Applicant filed Applications Serial Nos. 86/960,133 and 86/960,138 which both seek to register three-stripe designs as trademarks for the following goods in Class 25: articles of clothing, namely, t-shirts, shirts, jackets, gloves, scarves, hats; headgear, namely, sports hats, caps, sun visors; hats for infants, babies, toddlers and children; infant and toddler one piece clothing; infant wear. 22. The mark of Application Serial No. 86/960,133 is illustrated below: 8

23 23. The mark of Application Serial No. 86/960,138 is illustrated below: 24. The goods identified in Applicant s Applications ( Applicant s Goods ) are identical, or closely related, to the goods for which adidas has used and registered the 3-Stripes Mark. 25. adidas has used and registered the 3-Stripes Mark, long prior to the filing date of the Applicant's Applications. 26. On information and belief, Applicant's Applications were filed with its full knowledge of the prior use, registration and fame of the adidas 3-Stripes Mark. 27. The three-stripe design common to the marks of both of Applicant s Applications is virtually identical to the adidas 3-Stripes Mark. 28. The identification of goods in Applicant's Applications are unrestricted as to trade channels and includes goods identical, and closely related, to goods identified in adidas s above registrations, consequently the goods of the parties are presumed to be offered and sold to the same classes of purchasers through the same channels of trade. 9

24 COUNT I: Lanham Act Section 2(d) - Likelihood of Confusion forth herein. 29. adidas incorporates by reference paragraphs 1 through 28 as if fully set 30. In view of the similarities between the adidas 3-Stripes Mark and the threestripe design common to the marks of both of Applicant s Applications and the fact that their respective goods and services overlap or are otherwise closely related, there is a likelihood that Applicant s Goods will be perceived as being sponsored by or affiliated with adidas. 31. The three-stripe design common to both of Applicant s Marks so resembles adidas s 3-Stripes Mark, as to be likely to cause confusion, or to cause mistake, or to deceive as to the source, origin or sponsorship of Applicant s Goods within the meaning of Section 2(d) of the Lanham Act, 15 U.S.C. 1052(d). 32. The registrations of Applicant s Marks in connection with Applicant s Goods will damage adidas in the advertising and sale of its goods by causing a likelihood of confusion. COUNT II: Lanham Act Section 43(c) - Dilution forth herein. 33. adidas incorporates by reference paragraphs 1 through 32 as if fully set 34. Based, inter alia, on the strength of the adidas 3-Stripes Mark, the duration and extent of use of the 3-Stripes Mark in connection with a wide range of goods and services, the duration and extent of advertising, promotion and publicity of 10

25 the 3-Stripes Mark, the geographical extent of the trading area in which the 3-Stripes Mark has been used, the channels of trade in which the 3-Stripes Mark is used, the degree of public recognition of the 3-Stripes Mark, the adidas 3-Stripes Mark is famous as that term is used in Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c). 35. The adidas 3-Stripes Mark became famous long before the filing date of Applicant s Applications, and long before the earliest date that Applicant may rely upon in this proceeding. 36. The three-stripe design common to the marks of both of Applicant s Applications so resembles the adidas 3-Stripes Mark as to be likely, when used on or in connection with Applicant s Goods, to cause dilution of the distinctive quality of the adidas 3-Stripes Mark within the meaning of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c), and thereby lessen the capacity of the 3-Stripes Mark to identify and distinguish the goods and services of adidas and cause dilution of the distinctive quality of the adidas 3-Stripes Mark. 37. The use and registration of the marks of Applicant s Applications will erode the association of the 3-Stripes Mark with adidas, lessen the capacity of the 3-Stripes Mark to identify adidas as the source of goods and services to customers and potential customers who would expect the 3-Stripes Mark to identify genuine and authorized products and services of adidas, blur the distinctive quality of the adidas 3-Stripes Mark and otherwise cause dilution of the famous adidas 3-Stripes Mark. 38. adidas believes it will be damaged, inter alia, by the likelihood of confusion, mistake or deception, and by the dilution likely to be caused and engendered by the registration and/or use of Applicant s Marks. 11

26 WHEREFORE, adidas AG, by its attorneys, respectfully requests that its opposition to each of Applicant s Applications Serial Nos. 86/960,133 and 86/960,138 be sustained and that the registrations of Applicant's Applications be denied. Date: February 3, 2017 Respectfully submitted, /John Zaccaria/ Angelo Notaro John Zaccaria Peter Bucci NOTARO, MICHALOS & ZACCARIA P.C. 100 Dutch Hill Road, Suite 240 Orangeburg, NY10962 Tel: (845) john.zaccaria@notaromichalos.com Attorneys for Opposer adidas AG 12

27 Generated on: This page was generated by TSDR on :10:49 EST Mark: THE BRAND WITH THE 3 STRIPES US Serial Number: US Registration Number: Register: Principal Mark Type: Trademark Application Filing Date: Jan. 29, Registration Date: Feb. 04, 1992 Status: The registration has been renewed. Status Date: Aug. 08, 2011 Publication Date: Nov. 12, 1991 Mark Literal Elements: Standard Character Claim: Mark Drawing Type: THE BRAND WITH THE 3 STRIPES No 1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S) Mark Information Acquired Distinctiveness Claim: In whole Related Properties Information Claimed Ownership of US Registrations: , , and others Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. International Class(es): For: [ sport bags for general use and cross-country back-packs ] Primary Class U.S Class(es): 001, 002, 003, 022, 041 Class Status: SECTION 8 - CANCELLED Basis: 1(a) First Use: Jan Use in Commerce: Jan International Class(es): For: [ sport and leisure wear; namely, shorts, pants, shirts, T-shirts, jerseys, tights, socks, gloves, jackets, swimwear, sweaters, caps and hats, pull-overs, warm-up suits, rain suits, ski suits, jumpsuits, ] boots, slippers, sandals; shoes, boots and after ski boots for hiking and trekking, athletic shoes and general-purpose sports shoes Class Status: ACTIVE Basis: 1(a) Primary Class U.S Class(es): 022, 039 First Use: Jan Use in Commerce: Jan International Class(es): For: [ sports balls, rackets for tennis, squash or shuttlecock; ice and rollerskates, skis and ski equipment; namely, cross-country skibindings and parts thereof, cross-country skiing overshoes, racket covers, hand-paddles and kickboards ] Primary Class U.S Class(es): 022, 023, 038, 050

28 Class Status: SECTION 8 - CANCELLED Basis: 1(a) First Use: Jan Use in Commerce: Jan Basis Information (Case Level) Filed Use: Currently Use: Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Filed No Basis: No Currently 66A: No Currently No Basis: No Current Owner(s) Information Owner ADIDAS AG Owner ADI-DASSLER-STRASSE 1 HERZOGENAURACH Attorney ANGELO NOTARO Name/ e- mail: e- mail: Date Apr. 22, 2016 Apr. 22, 2016 Apr. 11, 2016 Nov. 18, 2014 Nov. 26, 2013 Mar. 28, 2013 Mar. 28, 2013 Feb. 21, 2013 Jan. 31, 2012 ANGELO NOTARO Notaro, Michalos & Zaccaria P.C. 100 Dutch Hill Road Orangeburg, NEW YORK UNITED STATES Attorney/Correspondence Information Attorney of Record Phone: Fax: anotaro@notaromichalos.com e- mail Authorized: Angelo Notaro Phone: Fax: anotaro@notaromichalos.com Description e- mail Authorized: Prosecution History Aug. 08, 2011 REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) Aug. 08, 2011 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED Proceeding Number

29 Jul. 26, 2011 Jul. 05, 2011 Dec. 10, 2010 Dec. 10, 2010 Nov. 10, 2010 Oct. 22, 2010 Oct. 19, 2010 Jul. 21, 2010 Jul. 14, 2010 Jul. 12, 2010 Dec. 31, 2009 Jan. 26, 2009 Jan. 06, 2009 Jan. 05, 2009 Aug. 05, 2008 Jul. 19, 2006 Jan. 24, 2002 Jan. 24, 2002 Nov. 08, 2001 Oct. 08, 1999 May 17, 1999 Sep. 11, 1998 Jul. 17, 1998 TEAS SECTION 8 & 9 RECEIVED TEAS CHANGE OF CORRESPONDENCE RECEIVED CASE FILE IN TICRS AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED AMENDMENT UNDER SECTION 7 - ISSUED SEC 7 REQUEST FILED REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. RESPONSE RECEIVED TO POST REG. ACTION Mar. 09, 1998 POST REGISTRATION ACTION MAILED - SEC. 8 & 15 Feb. 04, 1998 Feb. 04, 1992 Nov. 12, 1991 Oct. 11, 1991 Jun. 19, 1991 Dec. 05, 1990 Dec. 04, 1990 Nov. 21, 1990 Nov. 01, 1990 Apr. 30, 1990 Affidavit of Continued Use: Affidavit of Incontestability: REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED REGISTERED-PRINCIPAL REGISTER PUBLISHED FOR OPPOSITION NOTICE OF PUBLICATION APPROVED FOR PUB - PRINCIPAL REGISTER NON-FINAL ACTION MAILED ALLOWANCE/COUNT WITHDRAWN EXAMINER'S AMENDMENT MAILED CORRESPONDENCE RECEIVED IN LAW OFFICE NON-FINAL ACTION MAILED Maintenance Filings or Post Registration Information Section 8 - Accepted Section 15 - Accepted Renewal Date: Feb. 04, 2012 Change in Registration: Amendment to a Registration/Renewal Certificate: The drawing is amended to appear as follows: THE BRAND WITH THE 3 STRIPES TM Staff and Location Information TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: Aug. 08, 2011 Assignment Abstract Of Title Information Summary Total Assignments: 2 Registrant: Adidas AG

30 Conveyance: CHANGE OF NAME Assignment 1 of 2 Reel/Frame: 1707/0080 Pages: 26 Date Recorded: Mar. 09, 1998 Supporting Documents: No Supporting Documents Available Assignor ADIDAS AG Execution Date: Dec. 19, 1997 Legal Entity Type: UNKNOWN ADIDAS-SALOMON AG P.O. BOX 1120 HERZOGENAURACH, D NOTARO & MICHALOS P.C. ANGELO NOTARO 100 DUTCH HILL ROAD, SUITE 110 ORANGEBURG, NY Conveyance: CHANGE OF NAME Assignee - Not Found Assignment 2 of 2 Reel/Frame: 3349/0543 Pages: 13 Date Recorded: Jul. 17, 2006 Supporting Documents: assignment-tm pdf Assignor No Place Where Organized Found ADIDAS-SALOMON AG Execution Date: May 29, 2006 ADIDAS AG ADI-DASSLER-STRASSE 1 HERZOGENAURACH, ANGELO NOTARO, NOTARO & MICHALOS P.C. 100 DUTCH HILL ROAD, SUITE 110 ORANGEBURG, NY NOTARO & MICHALOS P.C. 100 DUTCH HILL ROAD, SUITE 110 ORANGEBURG, NY Assignee

31 Generated on: This page was generated by TSDR on :12:50 EST Mark: US Serial Number: US Registration Number: Register: Principal Mark Type: Trademark TM5 Common Status Descriptor: Application Filing Date: Jul. 11, Registration Date: May 27, 1969 LIVE/REGISTRATION/Issued and Active The trademark application has been registered with the Office. Status: The registration has been renewed. Status Date: Aug. 02, 2008 Mark Literal Elements: Standard Character Claim: Mark Drawing Type: Description of Mark: Design Search Code(s): None No Mark Information 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S) THE MARK CONSISTS OF THREE PARALLEL BANDS EXTENDING ALONG THE LENGTH OF EACH SLEEVE OF THE TRAINING SUIT AND ALONG THE LENGTH OF EACH LEG OF THE TROUSERS, THE BANDS ON THE SLEEVES BEING OF CONTRASTING COLOR TO THAT OF THE REMAINDER OF THE SLEEVE AND THE BANDS ON THE LEGS OF THE TROUSERS BEING OF CONTRASTING COLOR TO THAT OF THE REMAINDER OF THE TROUSER LEGS Coats; Blazers; Vests, clothing; Shawls; Fur coats; Ponchos; Parkas; Jackets; Rain coats Slacks; Sweatpants; Shorts; Pants; Overalls; Overalls; Knickers; Jeans; Gym shorts; Trousers; Coveralls; Exercise clothes, shorts Related Properties Information Claimed Ownership of US Registrations: , and others Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. International Class(es): For: ATHLETIC TRAINING SUITS Class Status: ACTIVE Basis: 1(a) 025 U.S Class(es): Primary Class

32 First Use: Feb Use in Commerce: Aug. 03, 1967 Basis Information (Case Level) Filed Use: Currently Use: Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Filed No Basis: No Currently 66A: No Currently No Basis: No Current Owner(s) Information Owner ADIDAS AG Owner ADI-DASSLER-STRASSE 1 HERZOGENAURACH Attorney/Correspondence Information Attorney of Record Attorney Antelo Notaro Docket Number: J Attorney Primary Name/ e- mail: Date Apr. 22, 2016 Apr. 22, 2016 anotaro@notaromichalos.com ANGELO NOTARO Notaro, Michalos & Zaccaria P.C. 100 Dutch Hill Road Orangeburg, NEW YORK UNITED STATES Attorney Authorized: Phone: Fax: anotaro@notaromichalos.com e- mail Authorized: Description - Not Found Prosecution History Apr. 14, 2016 REVIEW OF CORRESPONDENCE COMPLETE - INFORMATION MADE OF RECORD Apr. 11, 2016 Nov. 25, 2015 Nov. 25, 2015 Nov. 25, 2015 Sep. 10, 2015 Sep. 10, 2015 May 19, 2015 May 19, 2015 Nov. 18, 2014 Nov. 26, 2013 Nov. 21, 2013 Mar. 28, 2013 Mar. 28, 2013 Mar. 04, 2013 Feb. 21, 2013 Jun. 13, 2012 COUNTERCLAIM OPP. NO Proceeding Number

33 Feb. 16, 2012 Jul. 05, 2011 Dec. 10, 2010 Dec. 10, 2010 Nov. 10, 2010 Oct. 22, 2010 Oct. 19, 2010 Jul. 21, 2010 Jul. 14, 2010 Jul. 12, 2010 Feb. 18, 2010 Dec. 31, 2009 Apr. 16, 2009 Mar. 13, 2009 Jan. 26, 2009 TEAS CHANGE OF CORRESPONDENCE RECEIVED CASE FILE IN TICRS Aug. 02, 2008 REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS) Aug. 02, 2008 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED Jul. 23, 2008 ASSIGNED TO PARALEGAL Jul. 11, 2008 Jun. 10, 2008 Jul. 19, 2006 Jun. 22, 1999 TEAS SECTION 8 & 9 RECEIVED AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) Mar. 24, 1999 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 Apr. 02, 1990 Nov. 17, 1989 Sep. 26, 1989 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) RESPONSE RECEIVED TO POST REG. ACTION RESPONSE RECEIVED TO POST REG. ACTION Jun. 28, 1989 POST REGISTRATION ACTION MAILED - SEC. 9 May 18, 1989 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 Maintenance Filings or Post Registration Information Affidavit of Continued Use: Affidavit of Incontestability: Section 8 - Accepted Section 15 - Accepted Renewal Date: May 27, 2009 TM Staff and Location Information TM Staff Information - None File Location Current Location: SCANNING ON DEMAND Date in Location: Mar. 13, 2009 Assignment Abstract Of Title Information Summary Total Assignments: 5 Assignment 1 of 5 Registrant: ADIDAS-SPORTSCHUHFABRIKEN ADI DASSLER K.G. Conveyance: CERTIFIED COPY OF AN EXTRACT FROM THE GERMAN REGISTER OF COMMERCE, SHOWING CHANGE OF ADDRESS ENTERED ON OCT. 2, 1984 (IN GERMAN WITH ENGLISH TRANSLATION ATTACHED) Reel/Frame: 0492/0610 Pages: 3 Date Recorded: Apr. 22, 1985 Supporting Documents: No Supporting Documents Available ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER STIFTUNG & CO. KG. Assignor Execution Date: Oct. 10, 1984

34 Legal Entity Type: UNKNOWN Assignee ADIDAS SPORTSCHUHFABRIKEN ADI DRESSLER STIFTUNG & CO.KG. Legal Entity Type: UNKNOWN ADI, DASSLER STRASSE 1-2 HERZOGENAURACH, BALOGH, OSANN, ET AL. STE TWO WORLD TRADE CENTER NEW YORK, NY Conveyance: CHANGE OF NAME Not Found Assignment 2 of 5 Reel/Frame: 0492/0596 Pages: 14 Date Recorded: Apr. 22, 1985 Supporting Documents: No Supporting Documents Available ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER KG Legal Entity Type: UNKNOWN Assignor Execution Date: Oct. 11, 1984 Assignee ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER STIFTUNG & CO.KG. Legal Entity Type: UNKNOWN No Assignee Address Found BALOGH, OSANN, ET AL. STE TWO WORLD TRADE CENTER NEW YORK, NY Conveyance: MERGER DEX - Not Found Assignment 3 of 5 Reel/Frame: 0681/0661 Pages: 0 Date Recorded: Nov. 17, 1989 Supporting Documents: No Supporting Documents Available ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER STIFTUNG & CO. KG Legal Entity Type: UNKNOWN ADIDAS AG Legal Entity Type: UNKNOWN No Assignee Address Found BALOGH, OSANN, KRAMER, DVORAK, Assignor Execution Date: Jun. 05, 1989 Assignee No Place Where Organized Found No Place Where Organized Found No Place Where Organized Found No Place Where Organized Found No Place Where Organized Found No Place Where Organized Found

35 GENOVA & TRAUB SUITE BROADWAY NEW YORK, NY Conveyance: CHANGE OF NAME - Not Found Assignment 4 of 5 Reel/Frame: 1707/0080 Pages: 26 Date Recorded: Mar. 09, 1998 Supporting Documents: No Supporting Documents Available Assignor ADIDAS AG Execution Date: Dec. 19, 1997 Legal Entity Type: UNKNOWN ADIDAS-SALOMON AG P.O. BOX 1120 HERZOGENAURACH, D NOTARO & MICHALOS P.C. ANGELO NOTARO 100 DUTCH HILL ROAD, SUITE 110 ORANGEBURG, NY Conveyance: CHANGE OF NAME Assignee - Not Found Assignment 5 of 5 Reel/Frame: 3349/0543 Pages: 13 Date Recorded: Jul. 17, 2006 Supporting Documents: assignment-tm pdf Assignor No Place Where Organized Found ADIDAS-SALOMON AG Execution Date: May 29, 2006 ADIDAS AG ADI-DASSLER-STRASSE 1 HERZOGENAURACH, ANGELO NOTARO, NOTARO & MICHALOS P.C. 100 DUTCH HILL ROAD, SUITE 110 ORANGEBURG, NY NOTARO & MICHALOS P.C. 100 DUTCH HILL ROAD, SUITE 110 ORANGEBURG, NY Assignee

36 Generated on: This page was generated by TSDR on :13:51 EST Mark: US Serial Number: US Registration Number: Register: Principal Mark Type: Trademark Application Filing Date: May 01, Registration Date: Jun. 19, 1973 Status: The registration has been renewed. Status Date: May 17, 2013 Mark Information Mark Literal Elements: Standard Character Claim: Mark Drawing Type: Description of Mark: Design Search Code(s): None No 2 - AN ILLUSTRATION DRAWING WITHOUT ANY WORDS(S)/ LETTER(S)/NUMBER(S) THE MARK COMPRISES THREE WHITE STRIPES EXTENDING ACROSS THE BLUE BACKGROUND OF THE BOX CONTAINER AND THE OUTLINE OF THE CONTAINER BOX IS MADE TO APPEAR IN BROKEN LINES Boxes, bread; Boxes, jewelry; Recipe boxes; Boxes, tissue; Boxes, take out food Related Properties Information Claimed Ownership of US Registrations: , and others Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. International Class(es): For: SPECIAL PURPOSE ATHLETIC SHOES Class Status: ACTIVE Basis: 1(a) 025 U.S Class(es): Primary Class First Use: 1967 Use in Commerce: 1967 International Class(es): For: GENERAL PURPOSE SPORT SHOES Class Status: ACTIVE Basis: 1(a) 025 U.S Class(es): Primary Class First Use: 1967 Use in Commerce: 1967 Basis Information (Case Level)

37 Filed Use: Currently Use: Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Filed No Basis: No Currently 66A: No Currently No Basis: No Current Owner(s) Information Owner ADIDAS AG Owner ADI-DASSLER-STRASSE 1 HERZOGENAURACH Attorney/Correspondence Information Attorney of Record Attorney ANGELO NOTARO Docket Number: J Attorney Primary Name/ e- mail: Date anotaro@notaromichalos.com ANGELO NOTARO NOTARO, MICHALOS & ZACCARIA P.C. 100 DUTCH HILL ROAD ORANGEBURG, NEW YORK UNITED STATES Attorney Authorized: Phone: Fax: anotaro@notaromichalos.com e- mail Authorized: Description - Not Found Prosecution History Apr. 27, 2016 REVIEW OF CORRESPONDENCE COMPLETE - INFORMATION MADE OF RECORD Apr. 12, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL Apr. 11, 2016 Nov. 18, 2014 Nov. 26, 2013 May 17, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - ED May 17, 2013 REGISTERED AND RENEWED (THIRD RENEWAL - 10 YRS) May 17, 2013 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED May 17, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL Apr. 23, 2013 Mar. 28, 2013 Mar. 28, 2013 Mar. 04, 2013 Feb. 21, 2013 Feb. 16, 2012 Jul. 05, 2011 Dec. 10, 2010 Oct. 22, 2010 Oct. 19, 2010 Jul. 21, 2010 Jul. 14, 2010 TEAS SECTION 8 & 9 RECEIVED TEAS CHANGE OF CORRESPONDENCE RECEIVED Proceeding Number

38 Jul. 12, 2010 Dec. 31, 2009 Jan. 26, 2009 Sep. 03, 2008 Jun. 10, 2008 Jul. 19, 2006 Aug. 11, 2003 Jul. 07, 2003 Jul. 07, 2003 CASE FILE IN TICRS AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP PAPER RECEIVED REGISTERED AND RENEWED (SECOND RENEWAL - 10 YRS) REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED May 19, 2003 RESPONSE RECEIVED TO POST REG. ACTION - SEC. 8 & 9 May 19, 2003 PAPER RECEIVED Apr. 12, 2003 POST REGISTRATION ACTION MAILED - SEC. 8 & 9 Jan. 09, 2003 Jan. 09, 2003 May 18, 1993 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED PAPER RECEIVED REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) Mar. 29, 1993 REGISTERED - SEC. 9 FILED/CHECK RECORD FOR SEC. 8 May 21, 1979 Affidavit of Continued Use: Affidavit of Incontestability: REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. Maintenance Filings or Post Registration Information Section 8 - Accepted Section 15 - Accepted Renewal Date: Jun. 19, 2013 TM Staff and Location Information TM Staff Information - None File Location Current Location: GENERIC WEB UPDATE Date in Location: Apr. 12, 2016 Assignment Abstract Of Title Information Summary Total Assignments: 5 Assignment 1 of 5 Registrant: ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER K. G. Conveyance: CERTIFIED COPY OF AN EXTRACT FROM THE GERMAN REGISTER OF COMMERCE, SHOWING CHANGE OF ADDRESS ENTERED ON OCT. 2, 1984 (IN GERMAN WITH ENGLISH TRANSLATION ATTACHED) Reel/Frame: 0492/0610 Pages: 3 Date Recorded: Apr. 22, 1985 Supporting Documents: No Supporting Documents Available ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER STIFTUNG & CO. KG. Legal Entity Type: UNKNOWN Assignor Execution Date: Oct. 10, 1984 Assignee ADIDAS SPORTSCHUHFABRIKEN ADI DRESSLER STIFTUNG & CO.KG. Legal Entity Type: UNKNOWN ADI, DASSLER STRASSE 1-2 HERZOGENAURACH, BALOGH, OSANN, ET AL. No Place Where Organized Found No Place Where Organized Found

39 STE TWO WORLD TRADE CENTER NEW YORK, NY Conveyance: CHANGE OF NAME Not Found Assignment 2 of 5 Reel/Frame: 0492/0596 Pages: 14 Date Recorded: Apr. 22, 1985 Supporting Documents: No Supporting Documents Available ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER KG Legal Entity Type: UNKNOWN Assignor Execution Date: Oct. 11, 1984 Assignee ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER STIFTUNG & CO.KG. Legal Entity Type: UNKNOWN No Assignee Address Found BALOGH, OSANN, ET AL. STE TWO WORLD TRADE CENTER NEW YORK, NY Conveyance: MERGER DEX - Not Found Assignment 3 of 5 Reel/Frame: 0681/0661 Pages: 0 Date Recorded: Nov. 17, 1989 Supporting Documents: No Supporting Documents Available ADIDAS SPORTSCHUHFABRIKEN ADI DASSLER STIFTUNG & CO. KG Legal Entity Type: UNKNOWN ADIDAS AG Legal Entity Type: UNKNOWN No Assignee Address Found BALOGH, OSANN, KRAMER, DVORAK, GENOVA & TRAUB SUITE BROADWAY NEW YORK, NY Conveyance: CHANGE OF NAME Assignor Execution Date: Jun. 05, 1989 Assignee - Not Found Assignment 4 of 5 Reel/Frame: 1707/0080 Pages: 26 Date Recorded: Mar. 09, 1998 Supporting Documents: No Supporting Documents Available No Place Where Organized Found No Place Where Organized Found No Place Where Organized Found No Place Where Organized Found