Ariana Grande-Butera et al v. Forever 21, Inc. et al

Filing 1

COMPLAINT Receipt No: 0973-24364455 - Fee: $400, filed by Plaintiff Ariana Grande-Butera, GrandAri Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Attorney Daniel M Petrocelli added to party GrandAri Inc.(pty:pla), Attorney Daniel M Petrocelli added to party Ariana Grande-Butera(pty:pla))(Petrocelli, Daniel)

EXHIBIT 4

56

ARIANA GRANDE
Reg. No. 4,965,758
Registered May 24, 2016
Int. Cl.: 3

GRANDARI, INC. (DELAWARE CORPORATION)
1453 3RD STREET PROMENADE, SUITE 310
c10 smBBs ALDERTON & MARK.ILES, LLP
SANTA MONICA, CA 90401

TRADEMARK

FOR: PERFUME; EAU DE PARFUM; FRAGRANCED BODY CARE PREPARATIONS,
NAMELY, BODY LOTIONS, BODY SCRUBS , IN CLASS 3 (U.S. CLS. 1, 4, 6, 50, 51 AND
52).

PRINCIPAL REGISTER

FIRST USE 9-16-2015; IN COMMERCE 9-16-2015.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR­
TICULAR FONT, STYLE, SIZE, OR COLOR.
OWNER OF U.S. REG. NO. 4,297,601.
THE NAME(S), PORTRAIT(S),AND/OR SIGNATURE(S) SHOWN IN THE MARK IDENTIFIES
ARIANA GRANDE-BUTERA, WHOSE CONSENT(S) TO REGISTER IS MADE OF RECORD.
SN 86-526,605, FILED 2-6-2015.
REBECCA SMITH, EXAMINING ATTORNEY

Director of the United States
Patent and Trademark Office

57

REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
W
ARNING: 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:
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 forRenewal 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 forRenewal between
every 9th and 10th-year period, calculated from the registration date.*
G race 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 ofUSPTO 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 C hange of O wner Address Forms
available at http://www.uspto.gov.

Page: 2 /RN# 4,965,758

58

ARIANA GRANDE
Reg. No. 4,932,682
Registered Apr. 5, 2016
Int. Cl.: 25

GRANDARI, INC. (FLORIDA CORPORATION )
C/O STUBBS ALDERTON & MARK.ILES, LLP
1453 3RD STREE T PROMENADE, SUITE 310
SANTA MONICA , CA 90401

TRADEMARK

FOR: CLOTHING , NAMELY, T-SHIRTS, SHIRTS, SWEATSHIRTS, TANK TOPS, SHORTS,
HOODED SWEATSHIRTS, WRISTBANDS; HEADWEAR, IN CLASS 25 (U.S. CLS. 22 AND
39 ).

PRINCIPAL REGISTER

FIRST USE 8-0-2013; IN COMMERCE 8-0-2013.
THE MARK CONSISTS OF STANDARD CHARACTERS WI THOUT CLAIM TO ANY PAR­
TICULAR FONT, STYLE , SIZE, OR COLOR.
THE NAME(S), PORTRAIT(S), AND/OR SIGNATURE(S) SHOWN IN THE MARK IDENTIFIES
"ARIANA GRANDE"-BUTERA, WHOSE CONSENT(S) TO REGISTER ISMADE OF RECORD.
SN 85-625 ,398, FILED 5-15-2012.
CHARLOTTE CORWIN, EXAMINING ATTORNEY

Director of the United States
Patent and Trademark Office

59

REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
W
ARNING: 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:
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.*
G race 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 ofUSPTO 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 C hange of O wner Address Forms
available at http://www.uspto.gov.

Page: 2 / RN # 4,932,682

60

ARIANA GRANDE
Reg. No. 4,297,601
Registered Mar. 5, 2013
Int. Cl.: 41
SERVICE MARK
PRINCIPAL REGISTER

GRANDA RI, INC. (FLORIDA CORPORATI ON)
9720 WI LS HI RE BLVD., FI FTH FLOOR
c10 RA INES FELDMAN LLP
BEVERLY HI LLS,CA 90212
FOR: ENTERTA INMENT S ERVICES, NA MELY, PROVI DING A WEBS I TE FEATURING
NON-DOWNLOADABLE MUSICA L PERFORMANCES, MUSICA L VI DEOS, RELATED
FI LM CLI PS, PHOTOGRA PHS, AND OTHER MULTI MEDI A MATERIA LS FEATURING
ARIANA GRANDE; ENTERTA INMENT IN THE NATURE OF LI VE MUSICA L PERFORM­
ANCES, DRAMATIC PERFORMANCES AND COMEDIC PERFORMANCES, IN CLA SS 41
( U.S. CLS. 100, 101 AND 107).
FI RST US E 7-10-2008; IN COMMERCE 7-10-2008.
THE MARK CONS I STS OF STANDARD CHA RACTERS WI THOUT CLA I M TO ANY PA R­
TICULA R FONT, STYLE, S IZE, OR COLOR.
THE NAME(S), PORTRA I T(S),AND/OR S I GNATURE(S) S HOWN IN THE MARK IDENTI FI ES
" A RIANA GRANDE"-BUTERA, WHOS E CONS ENT(S) TO REGI STER I S MADE OF RECORD.
S ER. NO. 85-625,385, FI LED 5-15-2012.
ERNEST S HOS HO, EXAMINING ATTORNEY

Acting Director ofthe United States Patent and Trademark Office

61

REQUIREMENTS TO MAINTAIN YOUR FEDERAL
TRADEMARK REGISTRATION
W
ARNING : 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:
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 forRenewal 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 ofUse (or Excusable Nonuse) and an Application forRenewal 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.
The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*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 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 15U.S.C. §§1058, 114 lk. 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 15U.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.

Page: 2 /RN# 4,297,601

62

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

Commissioner for Trademarks
www.uspto.gov

OFFICIAL USPTO NOTICE OF PUBLICATION UNDER 12(a)
U.S. Application Serial No. 88368432
Mark: ARIANA GRANDE THANK U, NEXT
International Class(es): 003
Owner: GrandAri, Inc.
Docket/Reference No. TM-11383
Issue Date: July 3, 2019

Your mark is scheduled to publish in the Trademark Official Gazette (TMOG) on July 23, 2019.
Your mark appears to be entitled to register on the Principal Register upon the acceptance of a statement of use, subject to any claims of concurrent use.
What happens when your mark publishes. Within 30 days of the publication date, any party who believes it will be damaged by the registration of the mark may file a notice
of opposition (or extension of time) with the Trademark Trial and Appeal Board. If no objection is filed, we will issue a Notice of allowance.
View your mark in the TMOG after the publication date at https://tmog.uspto.gov/ by selecting your publication date in the "issues" field, entering your serial number in the
"search by" field, and clicking on the magnifying glass.
Ensure that the information in the TMOG is correct. If any information is incorrect, promptly request correction using the "Post-Approval/Publication/Post-Notice of
Allowance (NOA) Amendment" form at https://teas.uspto.gov/office/ppa/. For more information, see https://www.uspto.gov/trademark/trademark-updates-andannouncements/procedures-submitting-amendmentscorrections-trademark.
Direct questions about this notice to the Trademark Assistance Center (TAC)at 1-800-786-9199 (select option 1) or [e-mail].

Email Address(es):
[e-mail]

63

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 1478 (Rev 09/2006)
OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register
Serial Number: 87472487
Filing Date: 06/01/2017

To the Commissioner for Trademarks:
MARK: ARIANA GRANDE (Standard Characters, see mark)
The literal element of the mark consists of ARIANA GRANDE.
The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, GrandAri, Inc., a corporation of Delaware, having an address of
c/o 7190 Sunset Blvd Suite 116
Los Angeles, California 90046
United States
requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register
established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:
International Class 014: JEWELRY, JEWELRY CASES, JEWELRY ACCESSORIES, CLOCKS, WATCHES, CHRONOGRAPHS AND
TIMEPIECES, AND ALL OTHER GOODS IN INT. CLASS 14; SOFTWARE APPLICATIONS, DOWNLOADABLE AUDIOVISUAL
MEDIA AND BOOKS; HEADPHONES; CARRYING CASES AND ACCESSORIES FOR CELLPHONES AND PERSONAL ELECTRONIC
DEVICES, AND ALL OTHER GOODS IN INT. CLASS 9; BAGS, BAGGAGE, WALLETS, PURSES, LEATHER AND NON-LEATHER
GOODS, AND ALL OTHER GOODS IN INT. CLASS 18; CLOTHING AND WEARING APPAREL, NAMELY, SHIRTS, SHORTS, JEANS,
JACKETS, SKIRTS, SLACKS, BLOUSES, DRESSES, VESTS, COATS, SWEATERS, SCARVES, SWIMSUITS, UNDERWEAR,
UNDERPANTS, SLIPS, CAMISOLES, BRAS, NIGHTGOWNS, ROBES, T-SHIRTS, LONG SLEEVED SHIRTS, SHORTS, PANTS,
JUMPERS, JUMPSUITS, OVERALLS, ONE-PIECE PLAYSUITS, PAJAMAS, DRESSES, LINGERIE; MEN'S, WOMEN'S, CHILDREN'S
AND INFANT'S HEADGEAR, NAMELY, HATS, CAPS AND VISORS; BELTS; KERCHIEFS, AND ALL OTHER GOODS IN INT. CLASS
25; PAPER AND PAPER GOODS; BOOKS, MAGAZINES AND PUBLICATIONS; STATIONERY PRODUCTS, PENS AND PENCILS,
SCHOOL SUPPLIES, AND ALL OTHER GOODS IN INT. CLASS 16; TOYS, GAMES SPORTING GOODS AND PLAYTHINGS, AND
ALL OTHER GOODS IN INT. CLASS 28; SOFTWARE APPLICATIONS, VIDEO GAMES, VIDEO GAME PRODUCTION SERVICES;
DOWNLOADABLE AND NON-DOWNLOADABLE SOFTWARE APPLICATIONS; ENTERTAINMENT SERVICES; INFORMATION
SERVICES IN THE FIELD OF ENTERTAINMENT, NAMELY, INFORMATION ABOUT MUSIC, FILM, TELEVISION, CELEBRITY
AND POPULAR CULTURE PROVIDED OVER THE INTERNET; FAN CLUB SERVICES, AND ALL OTHER SERVICES IN INT. CLASS
41; LICENSING OF INTELLECTUAL PROPERTY AND ALL OTHER SERVICES IN INT. CLASS 42; FOOD PRODUCTS; ALCOHOLIC
AND NON-ALCOHOLIC BEVERAGES; ENERGY DRINKS; PRODUCTION OF VIRTUAL REALITY AND AUGMENTED REALITY
ENTERTAINMENT
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified
goods/services.

Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Ariana Grande-Butera, whose consent(s) to register is made of record.
Original PDF file:
consent-7621917681-224954605_._AG_consent_to_register.pdf
Converted PDF file(s) (1 page)
Consent File1
The applicant's current Attorney Information:
Victor K. Sapphire, Esq. of Law Office of Victor Sapphire, Inc.
Los Angeles, California 90046
United States
3234497872(phone)
[e-mail] (authorized)
The attorney docket/reference number is AG-AGmultcls.

7190 Sunset Blvd #116

64

The applicant's current Correspondence Information:
Victor K. Sapphire, Esq.
Law Office of Victor Sapphire, Inc.
7190 Sunset Blvd #116
Los Angeles, California 90046
3234497872(phone)
[e-mail];[e-mail]; [e-mail] (authorized)
E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's
attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address
must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the
Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to
submit an additional processing fee of $125 per international class of goods/services.
A fee payment in the amount of $275 has been submitted with the application, representing payment for 1 class(es).
Declaration
Basis:
If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):

•
•
•
•

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;
The mark is in use in commerce on or in connection with the goods/services in the application;
The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and
To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.

And/Or
If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),
and/or § 1126(e):

•
•
•

The signatory believes that the applicant is entitled to use the mark in commerce;
The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the
application; and
To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.

To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the
mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the
goods/services of such other persons, to cause confusion or mistake, or to deceive.
To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the
allegations and other factual contentions made above have evidentiary support.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §
1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration
resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and
belief are believed to be true.
Declaration Signature
Signature: /victor sapphire/ Date: 06/01/2017
Signatory's Name: Victor K. Sapphire, Esq.
Signatory's Position: Attorney for Applicant
Payment Sale Number: 87472487
Payment Accounting Date: 06/02/2017
Serial Number: 87472487
Internet Transmission Date: Thu Jun 01 23:30:10 EDT 2017
TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2017060123301037
5945-87472487-59072bb19fa3a83816a2bba89e
ecad1ee29406e88ce1a67a477ee4d227b9ccc5aCC-6716-20170601224954605259

65

66

CONSENT TO REGISTER
I, the undersigned, Ariana Grande-Butera. hereby grant consent to GrandAri, Inc., and its
duly appointed agents, attorneys, successors and assigns, permission to register with the United
States Patent and Trademark Office the marks ARIANA GRANDE and ARIANA ARMY as a
trademark for use in connection with goods and services in each and every International Class
for the purpose of using such mark in interstate commerce in connection with the applied for
goods and/or services.

67