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 No Form Number (Rev 01/2012) |
OMB No. 0651-0061 (Exp 09/30/2021) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88644635 |
MARK SECTION | |
MARK | http://uspto.report/TM/88644635/mark.png |
LITERAL ELEMENT | FORAY |
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. |
FORM TEXT | |
Applicant hereby submits its Petition to Make Special pursuant to TMEP § 1710, based on acts of actual infringement which will result in the loss of substantial rights by Applicant. Applicant has existing rights in the FORAY mark (“the Mark”) due to its substantial and continuous use of the Mark in commerce. On July 18, 2016, Applicant launched its website, in which Applicant used the Mark to promote its walkers for use by mobility-impaired individuals. Since that date, Applicant has continuously used the mark in promotion, marketing, and sales of these goods and services, and is therefore entitled to protection of the Mark. Applicant has recently found evidence that its rights in the Mark are being infringed. Although Applicant only sells its products through its own website and Indiegogo, Applicant has found the Mark used on numerous sites. An example is attached to the Declaration of Patricia Kavanagh at Exhibit A. This site is unaffiliated with Applicant, and Applicant has not given the site permission to use its Mark or sell its product. Yet, the site uses the Mark multiple times, and encourages viewers to purchase the product through a “Buy Now” link on the webpage. Further, the site provides links to purchase through Amazon or Ebay—neither of which Applicant uses to sell its products—and provides links to “Related Products” which appear to be in direct competition with Applicant’s products. In short, the website uses Applicant’s Mark to attract viewership and “clicks” which the site monetizes for its own commercial gain, creates a false affiliation between itself and Applicant, and misdirects consumers interested in Applicant’s product to competitor products. Applicant submits that this use constitutes actual infringement of the Mark, warranting that the application for the Mark be made special. See TMEP § 1710 (including actual infringement as a common basis for granting a petition to make special. Included with this filing is the Declaration of Patricia Kavanagh pursuant to 37 C.F.R. §2.20, supporting the facts stated herein. |
|
ATTACHMENT(S) | |
ORIGINAL PDF FILE | FORAY_Declaration_201991023430139.pdf |
CONVERTED PDF FILE(S) (14 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0002.jpg |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0003.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0004.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0005.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0006.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0007.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0008.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0009.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0010.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0011.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0012.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0013.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0014.jpg | |
\\TICRS\EXPORT17\IMAGEOUT17\886\446\88644635\xml2\PMS0015.jpg | |
PAYMENT SECTION | |
NUMBER OF CLASSES | 1 |
PETITION TO MAKE SPECIAL FEE PER APPLICATION | 100 |
TOTAL FEES DUE | 100 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /David E. Weslow/ |
SIGNATORY'S NAME | David E. Weslow |
SIGNATORY'S POSITION | Attorney of record, Maryland Bar member |
SIGNATORY'S PHONE NUMBER | 202-719-7000 |
DATE SIGNED | 10/10/2019 |
SUBMISSION SIGNATURE | /David E. Weslow/ |
SIGNATORY'S NAME | David E. Weslow |
SIGNATORY'S POSITION | Attorney of record, Maryland Bar member |
SIGNATORY'S PHONE NUMBER | 202-719-7000 |
DATE SIGNED | 10/10/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Oct 10 14:48:43 EDT 2019 |
TEAS STAMP | USPTO/PMS-XX.XXX.XX.XX-20 191010144843408802-886446 35-20191010142851776985-C C-48423946-20191010142851 776985 |
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 No Form Number (Rev 01/2012) |
OMB No. 0651-0061 (Exp 09/30/2021) |
Applicant hereby submits its Petition to Make Special pursuant to TMEP § 1710, based on acts of actual infringement which will result in the loss of substantial rights by Applicant.
Applicant has existing rights in the FORAY mark (“the Mark”) due to its substantial and continuous use of the Mark in commerce. On July 18, 2016, Applicant launched its website, in which Applicant used the Mark to promote its walkers for use by mobility-impaired individuals. Since that date, Applicant has continuously used the mark in promotion, marketing, and sales of these goods and services, and is therefore entitled to protection of the Mark.
Applicant has recently found evidence that its rights in the Mark are being infringed. Although Applicant only sells its products through its own website and Indiegogo, Applicant has found the Mark used on numerous sites. An example is attached to the Declaration of Patricia Kavanagh at Exhibit A. This site is unaffiliated with Applicant, and Applicant has not given the site permission to use its Mark or sell its product. Yet, the site uses the Mark multiple times, and encourages viewers to purchase the product through a “Buy Now” link on the webpage. Further, the site provides links to purchase through Amazon or Ebay—neither of which Applicant uses to sell its products—and provides links to “Related Products” which appear to be in direct competition with Applicant’s products.
In short, the website uses Applicant’s Mark to attract viewership and “clicks” which the site monetizes for its own commercial gain, creates a false affiliation between itself and Applicant, and misdirects consumers interested in Applicant’s product to competitor products. Applicant submits that this use constitutes actual infringement of the Mark, warranting that the application for the Mark be made special. See TMEP § 1710 (including actual infringement as a common basis for granting a petition to make special.
Included with this filing is the Declaration of Patricia Kavanagh pursuant to 37 C.F.R. §2.20, supporting the facts stated herein.