Michael I. Santucci, P.A. v. Lifelock, Inc.

Filing 1

COMPLAINT for Damages and Injunctive Relief and Demand for Jury Trial against Lifelock, Inc.. Filing fee $ 350.00 receipt number 113C-4483752, filed by Michael I. Santucci, P.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit "A", # 4 Exhibit "B", # 5 Exhibit "C", # 6 Exhibit "D", # 7 Exhibit "E", # 8 Exhibit "F", # 9 Exhibit "G", # 10 Exhibit "H", # 11 Exhibit "I", # 12 Exhibit "J")(Santucci, Michael)

EXHIBIT “J”
(Defendant’s service mark application for LIFELOCK ULTIMATE)

PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register
Serial Number: 85514352
Filing Date: 01/11/2012

The table below presents the data as entered.
Input Field
SERIAL
NUMBER

Entered
85514352

MARK INFORMATION
*MARK

LIFELOCK ULTIMATE

STANDARD
CHARACTERS

YES

USPTOGENERATED
IMAGE

YES

LITERAL
ELEMENT

LIFELOCK ULTIMATE

MARK
STATEMENT

The mark consists of standard characters, without claim to any particular font,
style, size, or color.

REGISTER

Principal

APPLICANT INFORMATION
*OWNER OF
MARK

LifeLock, Inc.

*STREET

60 E. Rio Salado Parkway

*CITY

Tempe

*STATE
(Required for U.S.
applicants)

Arizona

*COUNTRY

United States

*ZIP/POSTAL
CODE
(Required for U.S.
applicants only)

85281

LEGAL ENTITY INFORMATION
TYPE

corporation

STATE/COUNTRY
OF
INCORPORATION

Delaware

GOODS AND/OR SERVICES AND BASIS INFORMATION
INTERNATIONAL
CLASS

036

Providing credit reporting data maintained by others; credit risk management
and consultation services, namely, assistance with restoring and analyzing
credit damaged by identity theft; Tracking and reporting regarding consumer
*
IDENTIFICATION credit reports and changes thereto, providing advice and consultation in the
field of credit reports and credit scores; fraud resolution assistance, namely,
assistance with restoring credit damaged by identity theft; and providing
reimbursement of costs associated with identity theft.
FILING BASIS

SECTION 1(a)

FIRST USE
ANYWHERE
DATE

At least as early as 10/07/2011

FIRST USE IN
COMMERCE
DATE

At least as early as 10/07/2011

SPECIMEN FILE NAME(S)
ORIGINAL
PDF FILE

SPE0-6654170187-133538803_._LIFELOCK_ULTIMATE.pdf

CONVERTED
PDF FILE(S)
(1 page)

\\TICRS\EXPORT11\IMAGEOUT11\855\143\85514352\xml1\APP0003.JPG

SPECIMEN
DESCRIPTION

screenshot from applicant's website showing use of the mark in connection
with the services

INTERNATIONAL
CLASS

045

Fraud detection and prevention services in the nature of arranging secure
authentication of personal data in requests to open banking, credit, credit card,
insurance, loan, and other financial accounts; Fraud and identity theft
protection services; monitoring the Internet, public records, credit reports,
private and public electronic databases, and unregulated global computer
*
networks to facilitate the detection and prevention of identity theft and fraud;
IDENTIFICATION providing a secure interactive website concerning notifications of potential
fraud and potential identity theft; resolution assistance, namely, providing
advice and consultation in the field of data theft and identity theft;
consultation in the field of data theft and identity theft; and tracking,
monitoring, and reporting regarding consumer credit reports and changes
thereto for purposes of protecting against data theft, identity theft and fraud.
FILING BASIS

SECTION 1(a)

FIRST USE
ANYWHERE
DATE

At least as early as 10/07/2011

FIRST USE IN
COMMERCE
DATE

At least as early as 10/07/2011

SPECIMEN FILE NAME(S)
ORIGINAL
PDF FILE

SPE0-1-6654170187-133538803_._LIFELOCK_ULTIMATE.pdf

CONVERTED
PDF FILE(S)
(1 page)

\\TICRS\EXPORT11\IMAGEOUT11\855\143\85514352\xml1\APP0004.JPG

SPECIMEN
DESCRIPTION

screenshot from applicant's website showing use of the mark in connection
with the services

ATTORNEY INFORMATION
NAME

Heather A. Dunn, Esq.

ATTORNEY
DOCKET
NUMBER

370719-900132

FIRM NAME

DLA Piper LLP (US)

STREET

555 Mission Street, Suite 2400

CITY

San Francisco

STATE

California

COUNTRY

United States

ZIP/POSTAL
CODE

94105

PHONE

415.836.2557

FAX

415.659.7357

EMAIL ADDRESS

[e-mail]

AUTHORIZED TO
COMMUNICATE
VIA EMAIL

Yes

OTHER
APPOINTED
ATTORNEY

Paul A. McLean, Esq., Shannon Mo, Esq., Mark F. Radcliffe, Esq., Nancy O.
Dix, Esq., Scott W. Pink, Esq., Alan A. Limbach, Esq., Ronald L. Yin, Esq.,
and Andrew P. Valentine, Esq.

CORRESPONDENCE INFORMATION
NAME

Heather A. Dunn, Esq.

FIRM NAME

DLA Piper LLP (US)

STREET

555 Mission Street, Suite 2400

CITY

San Francisco

STATE

California

COUNTRY

United States

ZIP/POSTAL
CODE

94105

PHONE

415.836.2557

FAX

415.659.7357

EMAIL ADDRESS

[e-mail]

AUTHORIZED TO
COMMUNICATE
VIA EMAIL

Yes

FEE INFORMATION
NUMBER OF
CLASSES

2

FEE PER CLASS

325

*TOTAL FEE DUE

650

*TOTAL FEE
PAID

650

SIGNATURE INFORMATION
SIGNATURE

/Marvin Davis/

SIGNATORY'S
NAME

Marvin Davis

SIGNATORY'S
POSITION

Chief Marketing Officer

DATE SIGNED

01/11/2012

PTO Form 1478 (Rev 9/2006)
OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register
Serial Number: 85514352
Filing Date: 01/11/2012

To the Commissioner for Trademarks:
MARK: LIFELOCK ULTIMATE (Standard Characters, see mark)
The literal element of the mark consists of LIFELOCK ULTIMATE.
The mark consists of standard characters, without claim to any particular font, style, size, or color.
The applicant, LifeLock, Inc., a corporation of Delaware, having an address of
60 E. Rio Salado Parkway
Tempe, Arizona 85281
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 036: Providing credit reporting data maintained by others; credit risk management
and consultation services, namely, assistance with restoring and analyzing credit damaged by identity
theft; Tracking and reporting regarding consumer credit reports and changes thereto, providing advice and
consultation in the field of credit reports and credit scores; fraud resolution assistance, namely, assistance
with restoring credit damaged by identity theft; and providing reimbursement of costs associated with
identity theft.
In International Class 036, the mark was first used by the applicant or the applicant's related company or
licensee at least as early as 10/07/2011, and first used in commerce at least as early as 10/07/2011, and is
now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in
commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n)
screenshot from applicant's website showing use of the mark in connection with the services.
Original PDF file:
SPE0-6654170187-133538803_._LIFELOCK_ULTIMATE.pdf
Converted PDF file(s) (1 page)
Specimen File1
International Class 045: Fraud detection and prevention services in the nature of arranging secure
authentication of personal data in requests to open banking, credit, credit card, insurance, loan, and other
financial accounts; Fraud and identity theft protection services; monitoring the Internet, public records,
credit reports, private and public electronic databases, and unregulated global computer networks to
facilitate the detection and prevention of identity theft and fraud; providing a secure interactive website
concerning notifications of potential fraud and potential identity theft; resolution assistance, namely,

providing advice and consultation in the field of data theft and identity theft; consultation in the field of
data theft and identity theft; and tracking, monitoring, and reporting regarding consumer credit reports and
changes thereto for purposes of protecting against data theft, identity theft and fraud.
In International Class 045, the mark was first used by the applicant or the applicant's related company or
licensee at least as early as 10/07/2011, and first used in commerce at least as early as 10/07/2011, and is
now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in
commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n)
screenshot from applicant's website showing use of the mark in connection with the services.
Original PDF file:
SPE0-1-6654170187-133538803_._LIFELOCK_ULTIMATE.pdf
Converted PDF file(s) (1 page)
Specimen File1

The applicant's current Attorney Information:
Heather A. Dunn, Esq. and Paul A. McLean, Esq., Shannon Mo, Esq., Mark F. Radcliffe, Esq., Nancy
O. Dix, Esq., Scott W. Pink, Esq., Alan A. Limbach, Esq., Ronald L. Yin, Esq., and Andrew P. Valentine,
Esq. of DLA Piper LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105
United States
The attorney docket/reference number is 370719-900132.
The applicant's current Correspondence Information:
Heather A. Dunn, Esq.
DLA Piper LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105
415.836.2557(phone)
415.659.7357(fax)
[e-mail] (authorized)
A fee payment in the amount of $650 has been submitted with the application, representing payment for 2
class(es).
Declaration
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, and
the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is
properly authorized to execute this application 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 application is being filed
under 15 U.S.C. Section 1051(b), 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: /Marvin Davis/ Date Signed: 01/11/2012
Signatory's Name: Marvin Davis
Signatory's Position: Chief Marketing Officer

RAM Sale Number: 5136
RAM Accounting Date: 01/12/2012
Serial Number: 85514352
Internet Transmission Date: Wed Jan 11 17:55:08 EST 2012
TEAS Stamp: USPTO/BAS-66.54.170.187-2012011117550862
5504-85514352-4907afb46a39de24384fae3b89
692c50d-DA-5136-20111229133538803913