Apple Inc. v. Amazon.Com, Inc.

Filing 39

Declaration of Sarah J. Givan in Support of 36 Opposition/Response to Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 36 ) (Givan, Sarah) (Filed on 6/1/2011)

EXHIBIT 10

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 09/30/2011,

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))

The table below presents the data as entered.
Entered

Input Field
SERIAL
NUMBER
LAW OFFICE
ASSIGNED
EXTENSION
OF USE

77525433
LAW OFFICE 116

1

i
I
NO

MARK SECTIO N
STANDARD
CHARACTERS

i

YES

USPTOGENERATED
IMAGE

YES

LITERAL
ELEMENT

APP STORE

OWNER SECTI ON (no change)
GOODS AND/0 R SERVICES SECTION
INTERNATIONAL
CLASS

1 035
,
Retail store services featuring computer software provided via the internet
and other computer and electronic communication networks; Retail store
services featuring computer software for use on handheld mobile digital
electronic devices and other consumer electronics

CURRENT
IDENTIFICATION

GOODS OR
SERVICES
FIRST USE
ANYWHERE
DATE .
FIRST USE IN
COMMERCE

,

KEEP ALL LISTED
03/06/2008

07/10/2008

Page 36

DATE
SPECIMEN FILE NAME(S)
ORIGINAL
PDF FILE

SPNO-12141226-163707848_._APP STORE Specimen_Class_35 42.pdf

CONVERTED
PDF FILE(S)
(1 page)

\\TICRS\EXPORT8\IMAGEOUT8\775\254\77525433\xml6\AAU0002.JPG

SPECIMEN
DESCRIPTION

Screen shot of APP STORE service

INTERNATIONAL
CLASS

038

Electronic transmission of data via the internet, global computer networks,
wireless networks and electronic communication networks; Provision of
CURRENT
IDENTIFICATION frame relay connectivity services for data transfer; Providing access to
global computer networks, wireless networks and electronic
communications networks for transmission or receipt of data
GOODS OR
SERVICES
DELETED FROM
THE
APPLICATION
OR INCLUDED IN
A REQUEST TO
DIVIDE

Provision of frame relay connectivity services for data transfer;

FIRST USE
ANYWHERE
DATE

03/06/2008

FIRST USE IN
COMMERCE
DATE

107/10/2008

—
Electronic transmission of data via the internet, global computer networks,
GOODS OR
wireless networks and electronic communication networks; Providing
SERVICES IN USE
access to global computer networks, wireless networks and electronic
IN COMMERCE
communications networks for transmission or receipt of data

SPECIMEN FILE NAME(S)
ORIGINAL
PDF FILE

SPN1-12141226-163707848 . APP STORE_Specimen_-_Class_38.pdf

CONVERTED
PDF FILE(S)
(1 page)

\\TICRS \EXPORT8 \IMAGEOUT8 \ 775 \254 \ 77525433 \xml6\AAU0003.JPG

SPECIMEN
DESCRIPTION

Screen shot of APP STORE service

Page 37

INTERNATIONAL
CLASS

042

CURRENT
IDENTIFICATION

Maintenance, repair and updating of computer software; Providing a website
featuring technical information relating to computer hardware and software
provided; Providing computer software and hardware consulting services;
technical support services, namely, troubleshooting in the nature of
diagnosing and repairing computer software and hardware problems;
computer services, namely, providing search engines for obtaining data via
electronic communications networks; Providing temporary use of nondownloadable computer software to enable users to program, organize and
access audio, video, text, multimedia content and third-party computer
software programs; Internet services, namely, creating indexes of
information, sites, and other resources available on global computer
networks for others; Searching and retrieving information, sites, and other
resources available on global computer networks and other electronic
communication networks for others

GOODS OR
SERVICES
DELETED FROM
THE
APPLICATION
OR INCLUDED IN
A REQUEST TO
DIVIDE

Providing a website featuring technical information relating to computer
hardware; Providing computer hardware consulting services; technical
support services, namely, troubleshooting in the nature of diagnosing and
repairing computer hardware problems;

GOODS OR
SERVICES IN USE
IN COMMERCE

, Maintenance, repair and updating of computer software; Providing a website
featuring technical information relating to computer software provided;
Providing computer software consulting services; technical support services,
namely, troubleshooting in the nature of diagnosing and repairing computer
software problems; computer services, namely, providing search engines for
obtaining data via electronic communications networks; Providing
temporary use of non-downloadable computer software to enable users to
program, organize and access audio, video, text, multimedia content and
third-party computer software programs; Internet services, namely, creating
indexes of information, sites, and other resources available on global
computer networks for others; Searching and retrieving information, sites,
and other resources available on global computer networks and other
electronic communication networks for others

FIRST USE
ANYWHERE
DATE

03/06/2008

FIRST USE IN
COMMERCE
DATE

07/10/2008

SPECIMEN FILE NAME(S)
ORIGINAL

1 SPN2-12141226-163707848 APP_STORE_Specimen_-

Page 38

PDF FILE

Class 35

42.pdf

CONVERTED
PDF FILE(S)
(1 page)

ATICRS\EXPORT8\JMAGEOUT8\775\254\77525433\xml6\AAU0004.JPG

SPECIMEN
DESCRIPTION

Screen shot of APP STORE services

REQUEST TO
DIVIDE

NO

PAYMENT SECTION
NUMBER OF
CLASSES IN USE

3

SUBTOTAL
AMOUNT
[ALLEGATION
OF USE FEE]
TOTAL AMOUNT

300

SIGNATURE SECTION
DECLARATION
SIGNATURE

/Lisa G. Widup/

SIGNATORY'S
NAME

Lisa G. Widup

SIGNATORY'S
POSITION

Intellectual Property Counsel, Apple Inc.

DATE SIGNED

11/20/2009

FILING INFORMATION
SUBMIT DATE

TEAS STAMP

1

Fri

Nov 20 17:28:13 EST 2009

USPTO/AAU-12.1.41.226-200
91120172813085457-7752543
3-4603e117cae56789e55cfe1
b7434f6ee1de-CC-3800-2009
1120163707848602

PTO Form 1553 (Rev 9/2005)
OMB No. 0651-0054 (Exp. 09/30/2011)

Page 39

Trademark/Service Mark Amendment to Allege Use
(15 U.S.C. Section 1051(c))
To the Commissioner for Trademarks:
MARK: APP STORE
SERIAL NUMBER: 77525433
The applicant, Apple Inc., having an address of
1 Infinite Loop
Cupertino, California 95014
United States
is submitting the following allegation of use information:
For International Class 035:
Current identification: Retail store services featuring computer software provided via the internet and
other computer and electronic communication networks; Retail store services featuring computer software
for use on handheld mobile digital electronic devices and other consumer electronics
The mark is in use in commerce on or in connection with all goods or services listed in the application or
Notice of Allowance or as subsequently modified for this specific class
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in
interest at least as early as 03/06/2008, and first used in commerce at least as early as 07/10/2008, and is
now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as
used in commerce on or in connection with any item in the class, consisting of a(n) Screen shot of APP
STORE service.
Original PDF file:
SPNO-12141226-163707848 . APP STORE Specimen_-_Class 35
Converted PDF file(s) (1 page)
Specimen Filel

42.pdf

For International Class 038:
Current identification: Electronic transmission of data via the internet, global computer networks, wireless
networks and electronic communication networks; Provision of frame relay connectivity services for data
transfer; Providing access to global computer networks, wireless networks and electronic communications
networks for transmission or receipt of data
This allegation of use does NOT cover the following goods or services listed in either the application or
Notice of Allowance or as subsequently modified for this specific class; these goods or services are either
being permanently deleted or included in a Request to Divide: Provision of frame relay connectivity
services for data transfer;
The mark is in use in commerce on or in connection with the following goods or services listed in either

Page 40

the application or Notice of Allowance or as subsequently modified for this specific class: Electronic
transmission of data via the internet, global computer networks, wireless networks and electronic
communication networks; Providing access to global computer networks, wireless networks and electronic
communications networks for transmission or receipt of data
The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in
interest at least as early as 03/06/2008, and first used in commerce at least as early as 07/10/2008, and is
now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as
used in commerce on or in connection with any item in the class, consisting of a(n) Screen shot of APP
STORE service.
Original PDF fde:

SPN1 12141226 163707848_._APP_STORE_Specimen_ _Class_38.pdf
-

-

-

Converted PDF file(s) (1 page)

Specimen Filel

For International Class 042:
Current identification: Maintenance, repair and updating of computer software; Providing a website
featuring technical information relating to computer hardware and software provided; Providing computer
software and hardware consulting services; technical support services, namely, troubleshooting in the
nature of diagnosing and repairing computer software and hardware problems; computer services, namely,
providing search engines for obtaining data via electronic communications networks; Providing temporary
use of non-downloadable computer software to enable users to program, organize and access audio, video,
text, multimedia content and third-party computer software programs; Internet services, namely, creating
indexes of information, sites, and other resources available on global computer networks for others;
Searching and retrieving information, sites, and other resources available on global computer networks
and other electronic communication networks for others
This allegation of use does NOT cover the following goods or services listed in either the application or
Notice of Allowance or as subsequently modified for this specific class; these goods or services are either
being permanently deleted or included in a Request to Divide: Providing a website featuring technical
information relating to computer hardware; Providing computer hardware consulting services; technical
support services, namely, troubleshooting in the nature of diagnosing and repairing computer hardware
problems;
The mark is in use in commerce on or in connection with the following goods or services listed in either
the application or Notice of Allowance or as subsequently modified for this specific class: Maintenance,
repair and updating of computer software; Providing a website featuring technical information relating to
computer software provided; Providing computer software consulting services; technical support services,
namely, troubleshooting in the nature of diagnosing and repairing computer software problems; computer
services, namely, providing search engines for obtaining data via electronic communications networks;
Providing temporary use of non-downloadable computer software to enable users to program, organize
and access audio, video, text, multimedia content and third-party computer software programs; Internet
services, namely, creating indexes of information, sites, and other resources available on global computer
networks for others; Searching and retrieving information, sites, and other resources available on global
computer networks and other electronic communication networks for others

Page 41

The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in
interest at least as early as 03/06/2008, and first used in commerce at least as early as 07/10/2008, and is
now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as
used in commerce on or in connection with any item in the class, consisting of a(n) Screen shot of APP
STORE services.
Original PDF file:
SPN2-12141226-163707848_._APP_STORE_Specimen_-_Class 35
Converted PDF file(s) (1 page)
Specimen Filel

42.pdf

The applicant is not filing a Request to Divide with this Allegation of Use form.
A fee payment in the amount of $300 will be submitted with the form, representing payment for the
allegation of use for 3 classes.

Declaration
Applicant requests registration of the above-identified trademark/service mark 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). Applicant is the owner of the mark sought to be registered, and is using the
mark in commerce on or in connection with the goods/services identified above, as evidenced by the
attached specimen(s) showing the mark as used in commerce.
The undersigned, being hereby warned that willful false statements and the like so made are punishable by
fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may
jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized
to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the
trademark/service mark sought to be registered, or, if the form is being filed under 15 U.S.C. Section
1126(d) or (e), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her
knowledge and belief no other person, firm, corporation, or association has the right to use the mark in
commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when
used on or in connection with the goods/services of such other person, to cause confusion, or to cause
mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all
statements made on information and belief are believed to be true.

Signature: /Lisa G. Widup/ Date Signed: 11/20/2009
Signatory's Name: Lisa G. Widup
Signatory's Position: Intellectual Property Counsel, Apple Inc.
RAM Sale Number: 3800
RAM Accounting Date: 11/23/2009
Serial Number: 77525433

Page 42

Internet Transmission Date: Fri Nov 20 17:28:13 EST 2009
TEAS Stamp: USPTO/AAU-12.1.41.226-200911201728130854
57-77525433-4603e1f7cae56789e55cfe1b7434
f6eelde-CC-3800-20091120163707848602

Page 43

E-1105t AA çadroko yore advanced tielp
dr

1.;Atimi

lows xhr

t IBRARY

Jj

Music

App Store

Moves
4 TV Shays

APP STORE OITICK LINKS

Podcasts

L.1001Ok050ns

Thanksgiving

Aingtones

ilthone Apps horn TV Ads

, Rack

Wad touch Garnes from TV Ade
App Store Turns
Travel Guide

WWI Fs
70P CHARTS

Pald Apps

V SHAN F

See All 0

1:t Hone 5harIng
• (05111s
sr Genius
V P147I16TS

New and Noteworthy

see

Ann 23

I JellyGee 2
Owners

90., AA,

ut

ClasSiCel Kok

oft,

0

-

Musk Me.
My Top Rated

67: Revendy Added
Recently Played

tk

50 cent Illeby By...
Mut..

Top 25 Most Masud

Bank of Mom
Finance

dr/

2. 000 i 00 e0
Wee:
3 Bejeweled8 2

Artemis DIrecto... MD on Call

100 Greatest Sh..

Bobba Bat

Beath Valles

Photoy'aoO,

Beek,

Social 5etworkin0

Derogation

Medical

GOODS' E
1714,14 ER

Games

4. Alarm Cloak Pro
Utitles
5. The Moron Test
Ellertansur

"‘t li

6. Skee-Ball
Oamez

hew Moon: The... GroopeMetter El... Mose U - Photo ... Public Radio App
MUTIC
Books
Photography

Property Marsuper

Car Finder

Daily 00,081

Dutunet s

alavgaton

News

7. The Impossible Quiz!
rrrarnes

El, METAL GEAR SOLIO TOUCH BSI
Gunn
9 Catl ot Butts World at War: Poinb...
Game.
10 Camera Flash Deluxe
Photography

Free APpS

What's Hot

s.„ All

,:pft

Touch Pets Bogs
Sqlones

,fa;;;Tinneuumuusuudeeisegaieremai dou.,

Page 44

He

Eat

Runes

tem rtertols qtore gdyenced yelp

Downloedsno 1 dem
Pl

7; s• .4
s

Musts
▪

App Store Games Family Guy Uncensored Free

Moves

,..11 TV Shows
Padua,

Glu

APPLICATION DESCRIPTION

Rostrums

Family Guy: Uncensored Free

Redo

▪

Category Owes
Released Oct 31, 2009
Version 1.0 (Phone OS 3.0 Tested)
Selo Giu Games Inc
02099 Gio MoGa , Inc
162 MB

Downloads
U1111713

Free

SHARES/
la/ Horne Sharing

Preeand sweell Come spend smog,. wan Slew* end &Ian in Ins
dub:mow* tunny genre based on bootie characters. boo the
Foray Goy TV show tIM runny, Ms tocansued, es rot plain wrong
RODO S191I5
Battle Bertmegs morons m eis homage to clesOc 164A portend
ACCKET 0171874
Pay off Boob debt by logos Slave* nOes
erchouneels, Bertram

LII 071,

Rated 127000 the followinix
RequentArlerme Profanity or Cmde Noma
infrequent/Mild Cartom or Fentasy Violence
Ineeloerameonteurelsugoostive Thanes

ober. sktomie we-Ors

CMANACTOR CAMEOS
Appearances by Bertram, 05o, end ma
Pram, born Pre Press
'6 01itt1y dety. Uncensored one of the few lcensed Phone Mies I cern
ferny recommend to entr tens or the show out there The Mourne Is
entertoong, and the elntgernes ar0 ton of turn'- TaucAgen tore

anti Iti
d Gera,.
Pt MCI NIS
ITUIVI 1:4

14011 lanybetrymobilegarte con tor more rearm/No about Feeney

et 909 Mtge
gt Classical

Carr. green:Peg

wsk

ec not Moos

Keywords': Stew*, Farley Guy, Fox, TV, Cartoon, Comedy, Manor,
01.401filre. Peter . Boon, Cleveland, OrlIhn

eg My Top Pared
et Recently Added

Check out ogler ON Nemo apes inch:nog
"SW* h.0.0cang 2
MRANSFORMPRS Cyboloy
'Deer Muter 9D
'Med GOO Vsfeelry WOrldat
. Glysler
Tope 8 Robbers
"EtilOa.lot
*Cooking 51e0
'000+10e0us Dakota

et. Recently Played
et Top 25 Most Played

FOlLCW LE at
better canglormblie
facabooknoatlgiumobrle
EMAIL US at
rike

11Y

rualygoy-lepo COM
LANGUAGES:

CUSTOMER RATINGS
• Average rating lot the current version: *** 32711 ratings
8058
3275
59133
6387
9308

REQUIREMENTS:
Compallble wen P6one aria 4,04100a,
Requires Phone CS 2 2 Dr inter

Glu Welt Ske
Frraly Guy: Unceneered Free Support (4)

R•tethDe MolIlie100Iceo Select

OPPUCAT10106OYOIoU

Page 45

ye

rienes

Eft blew controls titrie advanced toile

it

Musa

Movies

TV Shows

App Slime

Pod, mt •

ArolinlinrIs

Mime, II

11 music
mov.

App Store

TY Shows
STORE ,

PodCaStS

Appkeb.

MKS

Thanksgiuing
iPhone Apps from TV Ads

Rondo

Mod touch Games from TV Ads

StORk

ADP Store Trims
Tranel Guide

•

II

TOP alAiir

Paid Apps

T SHARI Ei
Nome Sharing
WORM

eL)2

Genius
v PLAT] NTS

New and Noteworthy

seem' ,

MACS DJ

I JellyCar 2
Dames

so's Ark

bc)r1

clasical Musk
tyti Musk Vldeos
t

2 RedL.aser

ti My Top Rated

) Recently Added
ail Recently Played
41 Top 25 Mog Played

50 cent lifiby By...
Music

Bank of Morn
Finance

Artemis Laredo... MD on Call
Photography
Medical

100 Grea(est MI_
Books

Beebe Bar
Social Networking

Booth Yam
Navigation

Gra OLIVE
DILIFfa

3, Bejeweledfe 2
Gaines
4. Alarm Clock Pro
Trades
S. The Moron Test
Enterlencert
5. Skee-Ball

Hew Moon: The ... Gr orweMaker EL.. Mose LI -Photo ... Public Radio App Property Manager Car Finder
Mune
Photography
Music
Business
Navigation

Daily Florost
News

7. The Impossible Oulz!
Games
El. METAL GEAR SOLID TOUCH (US)
Games
9 Cell of likdr World at War: Zorn b...
Oases

10.

Camera Flash Deluxe
Photography

Free Apps

Tice

Page 46