| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 87934965 |
| LAW OFFICE ASSIGNED | LAW OFFICE 107 |
| MARK SECTION | |
| MARK | http://uspto.report/TM/87934965/mark.png |
| LITERAL ELEMENT | STAMPEDE |
| STANDARD CHARACTERS | YES |
| USPTO-GENERATED IMAGE | YES |
| MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) | |
|
Applicant Buffalo Bills, LLC (“BBL” or “Applicant”) respectfully disagrees with the contention that its STAMPEDE mark is likely to be confused with the marks referenced in the Office Action. Applicant asserts that the refusal under Section 2(d) should be withdrawn on the following grounds: “Stampede” is a Term Used by Various Third Parties. It appears that the term “Stampede” is commonly used by third parties in connection with various goods and services, including entertainment services. The use of this term by various third parties supports Applicant’s position that consumers are not likely to confuse the source of BBL’s mark with the Registrations cited in the Office Action. Among other things, when searching the USPTO database, Applicant notes that there are 104 live applications and registrations for marks that incorporate the term “Stampede.” Further, there are 33 live applications and registrations that feature the term “Stampede” in International Class 041, with at least 25 of those appearing to directly relate to the broad category of “entertainment services.” Among many registrations in this crowded field, please see the following Registrations: THE STAMPEDE (Reg. No. 4676606) owned by West Virginia Radio Corporation of Charleston; STAMPEDE (Reg. No. 5064064) owned by Howard Stampede, Inc. dba Howard Stampede; COUNTRY STAMPEDE (Reg. No. 4331329) owned by Country Stampede, LLC; ELIZABETH STAMPEDE (Reg. No. 4341940) owned by Elizabeth Rodeo Association and VIRGINIA STAMPEDE (Reg. No. 4349226) owned by Colonial Downs Group, LLC. All of these Registrations appear to coexist without issue in International Class 041. Additionally, World Choice Investments, LLC’s STAMPEDE marks coexist with the ELIZABETH STAMPEDE and VIRGINIA STAMPEDE marks noted above, despite the similarity of services. The ELIZABETH STAMPEDE and VIRGINIA STAMPEDE marks cover rodeo services while the services offered under World Choice Investments, LLC’s STAMPEDE mark include shows “…prominently featuring horse riding…” The “ELIZABETH” and “VIRGINIA” portions of the former marks are disclaimed. All of the above registrations are relevant because they show that phrases that involve the term “Stampede” are commonly used in International Class 041 and that the relevant consumers will look to other elements to distinguish source. TMEP 1207.01(d)(iii). They also demonstrate that the USPTO has allowed these marks to coexist on the register. See, i.e., In re Hamilton Bank, 222 U.S.P.Q. 174 (TTAB 1984) (no likelihood of confusion between “KEY” for banking services versus five cited registrations for “KEY” formative marks for banking services in light of common registration of a shared term). Therefore, the use of the term “Stampede” does not appear to be exclusive in connection with entertainment services. The use of these marks by third parties supports BBL’s position that consumers are not likely to confuse the source of its STAMPEDE mark with the cited Registrations. In other words, given that the STAMPEDE mark apparently used by various third parties in International Class 041, it is very unlikely that consumers would automatically associate the STAMPEDE mark used by the Buffalo Bills with the owners of the cited Registrations. The Registrations Asserted in the Office Action are Owned by Different Parties. The Registrations cited in the Office Action further bolster Applicant’s position that these marks can and do exist in a crowded field. Registration No. 1817553 for STAMPEDE is owned by Nancy’s Pictures, Inc. located in California; Registration Nos. 5579176 for STAMPEDE and 5579177 for STAMPEDE (and design) are owned by World Choice Investments, LLC located in Tennessee. Like the other STAMPEDE marks referenced above, these marks are also registered and appear to coexist with each other, without any issue. The Services at Issue are Dissimilar. In addition to the points raised above, the services offered under BBL’s mark and those offered under the marks referenced in the Office Action are dissimilar. For example, World Choice Investments, LLC’s STAMPEDE marks cover live plays, dinner theaters, shows and pageants. Nancy’s Pictures, Inc.’s STAMPEDE mark covers motion picture film, videotape, television, and sound recording distribution and production. Applicant’s STAMPEDE mark covers live musical performances. Further, Applicant’s services are performed only in connection with the Buffalo Bills and NFL football games. Simply put, BBL does not compete with the owners of the cited Registrations, and consumers are not likely going to be confused as to the source of BBL’s STAMPEDE mark. Consumer Sophistication and Channels of Trade. The level of consumer sophistication should also be considered. Potential customers are sophisticated in that they can distinguish between the services at issue here. For example, a customer seeking a dinner theatre or sound recording distributor would immediately realize that Applicant is not providing such services. Further, a football fan enjoying a musical performance at an NFL football game is not going to believe that BBL’s STAMPEDE is somehow affiliated with a rodeo located in Branson, Missouri. Likewise, consumers do not spend hundreds of dollars on dinner theatre tickets for a rodeo-themed show in Branson, Missouri, believing that the dinner theatre show is somehow affiliated with an NFL team. Given consumer sophistication and the applicable channels of trade, Applicant respectfully disagrees that a consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the Applicant and Registrants. Consumers are not going to be confused or somehow believe that a musical performance affiliated with BBL is produced by the owners of the cited Registrations. *** Applicant respectfully requests that the Examining Attorney withdraw the refusal, and approve the application for publication. |
|
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Jonathan W. Brown/ |
| SIGNATORY'S NAME | Jonathan W. Brown |
| SIGNATORY'S POSITION | Attorney of record, New York bar member |
| SIGNATORY'S PHONE NUMBER | 716-849-1333 |
| DATE SIGNED | 02/28/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Feb 28 07:44:35 EST 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 190228074435893580-879349 65-620a1fc2439aeafeea4d4a 6fc28a9b2eb32c726da284b8e fabfbb79957836597-N/A-N/A -20190228073203416446 |
| Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Applicant Buffalo Bills, LLC (“BBL” or “Applicant”) respectfully disagrees with the contention that its STAMPEDE mark is likely to be confused with the marks referenced in the Office Action. Applicant asserts that the refusal under Section 2(d) should be withdrawn on the following grounds:
“Stampede” is a Term Used by Various Third Parties.
It appears that the term “Stampede” is commonly used by third parties in connection with various goods and services, including entertainment services. The use of this term by various third parties supports Applicant’s position that consumers are not likely to confuse the source of BBL’s mark with the Registrations cited in the Office Action.
Among other things, when searching the USPTO database, Applicant notes that there are 104 live applications and registrations for marks that incorporate the term “Stampede.” Further, there are 33 live applications and registrations that feature the term “Stampede” in International Class 041, with at least 25 of those appearing to directly relate to the broad category of “entertainment services.”
Among many registrations in this crowded field, please see the following Registrations: THE STAMPEDE (Reg. No. 4676606) owned by West Virginia Radio Corporation of Charleston; STAMPEDE (Reg. No. 5064064) owned by Howard Stampede, Inc. dba Howard Stampede; COUNTRY STAMPEDE (Reg. No. 4331329) owned by Country Stampede, LLC; ELIZABETH STAMPEDE (Reg. No. 4341940) owned by Elizabeth Rodeo Association and VIRGINIA STAMPEDE (Reg. No. 4349226) owned by Colonial Downs Group, LLC. All of these Registrations appear to coexist without issue in International Class 041.
Additionally, World Choice Investments, LLC’s STAMPEDE marks coexist with the ELIZABETH STAMPEDE and VIRGINIA STAMPEDE marks noted above, despite the similarity of services. The ELIZABETH STAMPEDE and VIRGINIA STAMPEDE marks cover rodeo services while the services offered under World Choice Investments, LLC’s STAMPEDE mark include shows “…prominently featuring horse riding…” The “ELIZABETH” and “VIRGINIA” portions of the former marks are disclaimed.
All of the above registrations are relevant because they show that phrases that involve the term “Stampede” are commonly used in International Class 041 and that the relevant consumers will look to other elements to distinguish source. TMEP 1207.01(d)(iii). They also demonstrate that the USPTO has allowed these marks to coexist on the register. See, i.e., In re Hamilton Bank, 222 U.S.P.Q. 174 (TTAB 1984) (no likelihood of confusion between “KEY” for banking services versus five cited registrations for “KEY” formative marks for banking services in light of common registration of a shared term).
Therefore, the use of the term “Stampede” does not appear to be exclusive in connection with entertainment services. The use of these marks by third parties supports BBL’s position that consumers are not likely to confuse the source of its STAMPEDE mark with the cited Registrations. In other words, given that the STAMPEDE mark apparently used by various third parties in International Class 041, it is very unlikely that consumers would automatically associate the STAMPEDE mark used by the Buffalo Bills with the owners of the cited Registrations.
The Registrations Asserted in the Office Action are Owned by Different Parties.
The Registrations cited in the Office Action further bolster Applicant’s position that these marks can and do exist in a crowded field. Registration No. 1817553 for STAMPEDE is owned by Nancy’s Pictures, Inc. located in California; Registration Nos. 5579176 for STAMPEDE and 5579177 for STAMPEDE (and design) are owned by World Choice Investments, LLC located in Tennessee. Like the other STAMPEDE marks referenced above, these marks are also registered and appear to coexist with each other, without any issue.
The Services at Issue are Dissimilar.
In addition to the points raised above, the services offered under BBL’s mark and those offered under the marks referenced in the Office Action are dissimilar. For example, World Choice Investments, LLC’s STAMPEDE marks cover live plays, dinner theaters, shows and pageants. Nancy’s Pictures, Inc.’s STAMPEDE mark covers motion picture film, videotape, television, and sound recording distribution and production.
Applicant’s STAMPEDE mark covers live musical performances. Further, Applicant’s services are performed only in connection with the Buffalo Bills and NFL football games. Simply put, BBL does not compete with the owners of the cited Registrations, and consumers are not likely going to be confused as to the source of BBL’s STAMPEDE mark.
Consumer Sophistication and Channels of Trade.
The level of consumer sophistication should also be considered. Potential customers are sophisticated in that they can distinguish between the services at issue here. For example, a customer seeking a dinner theatre or sound recording distributor would immediately realize that Applicant is not providing such services. Further, a football fan enjoying a musical performance at an NFL football game is not going to believe that BBL’s STAMPEDE is somehow affiliated with a rodeo located in Branson, Missouri. Likewise, consumers do not spend hundreds of dollars on dinner theatre tickets for a rodeo-themed show in Branson, Missouri, believing that the dinner theatre show is somehow affiliated with an NFL team.
Given consumer sophistication and the applicable channels of trade, Applicant respectfully disagrees that a consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the Applicant and Registrants. Consumers are not going to be confused or somehow believe that a musical performance affiliated with BBL is produced by the owners of the cited Registrations.
***
Applicant respectfully requests that the Examining Attorney withdraw the refusal, and approve the application for publication.