Hawaii-Pacific Apparel Group, Inc. v. Cleveland Browns Football Company, LLC et al

Filing 8

Hawaii-Pacific Apparel Group, Inc. v. Cleveland Browns Football Company, LLC et al

Doc. 8 Att. 1

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 1 of 35

Dockets.Justia.com

U

Case 1:04-cv-07863-DC

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Page 2 of 35

FAY. SHARPE. BEALL. FAGAN. MINNICH & McKEE. LLP
PATENT T&.ADEM""R

ASD COPYRIOHT LAW

1100 SUPERIOR AVENUE

SEVE TB FLOOH
MARK E. SANOY
TI-O....5 E. BE-ALL.. ..1'.

RIC..A,FlO J. MINNICI-

CLEVELAND. OHIO 44114- 2518

COL!,!:!:N F'\.YNN Gass
BR'AN E. KONO""S

0' CQU"S(1o

....,. F. MOLDOVA""Y'
PHII.. lp J- MOY. .JR.

SUE E:I.LCN PHILLIPS

JOSCPH Q. ORI:IoE.FI
CIoR1.sTOPHER B. F..OAN

TIMOTHY E. NAUMAN
PATRICK A. ROCHE:

M.CH..E.L E. HUOZIN5K' R'CH"RO M. KL.I:IN

T..0"""5 E. KOCOVSKY. ..R.
SHRIN..T'" MAI.UR JOHN R. M..:rTINCH. SCOTT A. MCCOLLISTCR
.,AMCS W. MCKI!C

ALBERT P. SHARPE.. III 0"'1'11:1. J. STANG!:"""

TELEPHONE 12161 B61. 5562 FAX [phone]
:MAIL: (Sb raysh.;rpc. com
WA.SHINGTON OFFICE

5n:vcN M. Auvil..
A. SCOTT SPERO"'''

GCNt: W. STOCKMAN JOHN C. T'E.RNA""
O'S1E. O ,...... "'O

SU:v!:N M. HAAS
JOHN P. COI'NCL,Y
JAMe:S E. SCARBI'OUQOo

SCOTT W. B ICK""I:R JI:,.'RCY M. K!:TCHUM

MARK S. SY.-T
SANDRA M. KO!:NIG .JUO!: A. FRY

ANN M- SKJ:RRY. PIo. W. SCOTT HAROI:RS BR'AN G. BCMBCNICK

ALEXANDBI.. VIHGINLA 22301

NOT ACMITT!:D IN OHIO

March 26, 1999

Assistant Commissioner for

Trademarks
Arlington, VA 22202- 3513
2900 Crystal Drive

Re:

Applicant: Cleveland Browns Football Company LLC

SUBMISSION OF TRAEMAK (ITU) APPLICATION
Filed: HEREWITH Trademark: DAWG POUN Our Ref. No. : CLV 5004

Dear Sir:
trademark connect ion wi th the I,nplease apply the enclosed remittance in payment of the application
above - ident if ied

application fee due the Patent and Trademark Office for seven (7) classes of goods:

$1715.

additional fees which may be required or to credit any overpayment to Deposit Account No. 06- 0308.

The Commissioner is hereby authorized

charge any

Respectfully submitted,

FAY, SHAPE, BEALL,
FAGAN, MINNICH & MCKEE

No. 29, 678

JFM/kan

Enclosures
EXPRESS MAIL" Mail1ng Label NUII.ber
Date of Deposit

ELOS-I3HS2' ''S
tee 1S bei
a::ed g C2pos1:ed :'0 ;":!d. :-9. /e

March 2'5, l :19

1 hereby cercify thac C i9 pape
cO c Ccys

set"ice urder )7 crn 1. :) on ::he dar:e Lt,:d
sSis
Ka::ht

n.iced S::ates Postal So;:"ice " Exp:-ess :-ail Post OEfi::e

mmiSSioner for Trade arks. an:: ive. ,,A1 1 ng::on. v/4V\A.. :I,en A

2f2
:lmr1

ess

d:-d ::9 a:::!=es5

Box A?pl::ca

:e:

Case 1:04-cv-07863-DC

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Page 3 of 35

APPLICATION FOR TRAEMAK REGISTRATION
PRINCIPAL REGISTER

Mark: DAWG POUN

Classes:

14, 16,

18, 25 and 28

21, 24,

Attorney Docket: CLV 5 004

TO THE ASSISTANT COMMISSIONER

FOR TRAEMAKS
APPLIC
T: Cleveland Browns Football Company LLC A corporation of the state of Delaware

BUSINESS ADDRESS:

Berea ,

76 Lou Groza Boulevard Ohio 44017

The above- identified applicant requests registration of

the trademark

shown

clocks; jewelry, namely,

the accompanying drawing for watches, costume jewelry, tie fasteners, chains,

anle bracelets,

cuff links, tie clips, medallions; hat ornaments,

collector plates, belt buckles, keychains, pins, coffee services of

precious metal, candle sticks of precious metal, rings, charms and

pendants in International Class 14;
paper goods and printed matter, namely, cardboard sunscreens,

trading cards,

bumper stickers, posters,

stickers,

decals, book

marks, score books, score cards, printed paper signs, writing pads,

note

paper,

note books,

coloring books,

preprinted agenda

organizers, magazines featuring football game programs, books and autograph books , book covers , wall

booklets featuring football,

Case 1:04-cv-07863-DC

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calendars, desk calendars, playing cards, paper pennants;'

gift

wrapping paper, paper gift wrap- bows, paper gift and party bags,

paper party decorations, paper coasters, paper flags, paper napkins, paper tablecloths, paper placemats, greeting cards,
postcards, unmounted photographs,

lithographs, paper door signs;

photograph albums; scrapbooks; plastic football card holders and

cases; football card albums; binders; stationery- type portfolios; stationery folders; metal bulletin boards; bank checks and checkbook covers; credit cards; office products, namely,
paperweights, letter openers, paper clips, pens, pencils, markers,

desk stands and holders for

pens,

pencils and ink, non- electric

erasers, pencil sharpeners, drafting and drawing rulers; aquariums;

preprinted football contracts; commemorative stamps; facial tissue

and

toilet tissue;

temporary tattoos;

wallpaper and wallpaper

borders and decorative pencil top ornaments in International Class
16 ;

luggage; book bags;
school bags;

duffel bags;

fanny packs;

roll

bags;

school book bags;

tote bags;

backpacks; wallets;

luggage tags; umbrellas; felt and drawstring pouches; waist packs;

purses;

leather goods , namely, key fobs; wrist mounted purses in

International Class 18;

housewares, namely, mugs,

plates ,
cups,

bowls, lunch boxes,

lunch

pails, vacuum flasks

thermal insulated containers for food and
paper cups,

beverage,

drinking glasses and

plastic cups,
serving

paper plates, paper bowls, hair combs, hair brushes, electric and

non-electric toothbrushes, non-metal decorative boxes
- 2-

Case 1:04-cv-07863-DC

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res, precious metal, decanters, pitchers, trays not terra cotta, figurines, sculptures, and sUituettes made
earthenware, glass, porcelain, resin, crystal and china, wastepaper

baskets, soap dishes, toothbrush holders,

china ornaments, wind

chimes, plastic coasters, cocktail picks, comb cases, commemorative

plates, cookie cutters, cosmetic brushes, corkscrews, soap dishes,

dispensers for liquid

pepper mills,

powder puffs, salt back all purpose portable household containers; shakers, steins, shot glasses, sports s cra tchers, cookie jars, drinking children bottles sold empty, non-metal coin banks, flasks,
pastry molds,
pudding molds,
dinnerware, candlesticks not of precious metal, coffee services not

soap, drinking flasks, toothpick holders,

of precious metal in International Class 21;

textile
fabric,

goods,

curtains,

towels, beach quilts, furniture table linens, place mats, unfitted fabric namely, bed linen, upholstery fabric, handkerchiefs, bedding, pillo pillowcases, comforters, bedspreads, blankets, sheets,
covers

bath linen, cloth flags, curtain quilts, draperies, duvet covers, quilt paper, beach towels, table cloths not of
namely,
covers

shams, mattress pads, cloth mattress ticking, dust ruffles, duvets,

and polyester fabric cotton fabric, polyester fabric, cotton
blends, cotton and rayon fabric blends, polyester and rayon fabric

blends, cotton/polyester/rayon fabric blends, upholstery fabric, textile, textile wall oven mitts, crib bumpers, tapestries of
napkins,
hangings, and fabric bath mats, shower curtains, textile
pot holders, fabric bath mats, curtain panels and fabric valances
-3-

Case 1:04-cv-07863-DC

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in International Class 24;

men s, women s and children s clothing, namely, shorts, formal

wear, dresses,

skirts, jogging suits,

warm-up suits,
visors

underwear,
bodysui ts,

jackets, sweaters, vests, pants, ponchos,

rainwear, hats, caps, overalls, cloth bibs, infant diaper

covers,

cloth diaper sets with undershirt and diaper cover, jumpers, rompers, uniforms, uniform jerseys, wind-resistant jackets, baby
booties, short sets, leotards, unitards,
ties, bowties, neckties,

belts, suspenders, cummerbunds, pajamas, nightshirts, nightgowns,

sweatpants, mittens, gloves, earmuffs, scarves, footwear,

thongs,

hosiery ,

socks,

swimwear,

tank tops,

crop tops,

wristbands,

headbands, robes, shoes, slippers, chef' s hats, aprons, clothing swimwear, berets, bandannas,
wrap, sliding girdles, leg warmers,
shoe laces and money belts in International Class 25;
toys and sporting goods, namely, footballs, football helmets,

football pads,

football tees, arm guards for athletic use, leg backboards, bowling bags, guards for athletic use, basketball balls, baseballs, ruber bowling balls, basket balls, playground
action balls, tennis balls, stuffed toy animals, puppets, bendable

toy figurines, toy bakeware and cookware, balloons, piggy

banks,

bean bags, billiard game playing equipment, kites, marbles, checker dart boards and parts thereof, toy trucks, toy

sets, chess sets, ' mobiles, jigsaw puzzles,

manipulative and three dimensional

puzzles, toy snow gloves, yo- yos, game cartridges, chest protectors toy construction for sports, Christmas tree ornaments, toy figues,

blocks,

dolls and doll

accessories,
-4-

athletic supporters,

dice,

Case 1:04-cv-07863-DC

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Page 7 of 35

,.ames, computer game programs, hand held video and electronic
manually operated exercise equipment, fishing tackle, fishing rods,

swim floats for recreational use, board games, party favors in the

nature
snow

noise makers

and party hats, coin operated pinball

machines, skateboards, playground slides, surfboards, snowboards,

sleds for recreational use, exercise trampolines, flying disks, autographed footballs, inflatable goal posts, decorative
wind socks, toy snow globes, golf club head covers, golf club bags,

golf clubs and golf balls in International Class 28 and requests

that

said mark be

Trademark Office

the United States Patent registered on the Principal Register established by

and
the

Trademark Act of July 5, 1946.

Applicant has a bona fide intention to use the mark in
interstate commerce (under 15 U.
C.

1051(b), as amended) on or in

connection with the above- identified goods.
The mark is intended to be used in the following manner:
on the goods or on labels for the goods and in other ways customary
in the trade.

POWER OF ATTORNEY

Applicant hereby appoints Jay F. Moldovanyi of the firm

Fay,

Sharpe, Beall, Fagan, Minnich

& McKee,

1100

Super ior

Avenue, Suite 700, Cleveland, Ohio 44114 - 2518, who may be reached

at (216) 861- 5582, who is a member of the Bar of the State of Ohio,
as its attorney, with full power of substitution and revocation, to

prosecute this application to register, to transact all business in

the Patent and Trademark Office in connection
:J -

therewith, and to

Case 1:04-cv-07863-DC

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Filed 12/03/2004

Page 8 of 35

receive the Certificate of Registratio

DECLARTION

undersigned being hereby warned that willful false fine made are punishable statements and the like
The
imprisonment, or both, under 18 U.

C. 1001, and that such willful

false statements may jeopardize the validity of the application or

any resulting
he / she

registratio
the
mark

declares that he/she
the
S.

properly
the the

authorized to execute this application on behalf of the applicant;

believes

appl icant

owner

trademark/ service

sought

application is being filed under 15 U.

registered, or, C. 1051 (b), he/she believes

applicant is 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

commerce, either in

right to use the identical

the above identified mark

form thereof or in such near

resemblance thereto as to be likely, when used on or in connect

ion

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 all statements

made

information and belief are believed to be

true.
FOOTBALL

CLEVELA
LLC

BROWNS

COMPAN

Typed Name:

-PCs &Mf
IL01 C

Title:

c61 UheL
jVIN.

c.'\-

Date:

rch 18, 1999

- 6-

Case 1:04-cv-07863-DC

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Page 9 of 35

IN THE UNITED STATES PATENT AN TRAEMAK OFFICE

Applicant
Business Address

Cleveland Browns Football Company
LLC

76 Lou Groza Boulevard

Berea , Ohio 44017
14, 16, 18 , 21, 24, 25 and 28

Classes
Goods

watches, clocks; jewelry, namely, costume jewelry, tie fasteners, chains, ankle bracelets, cuff links, tie clips, medallions; hat ornaments, collector plates, belt buckles, keychains, pins, coffee services of precious metal, candle sticks of precious metal, rings, charms and pendants in International Class 14; paper goods and printed matter, namely, cardboard sunscreens, trading cards, bumper stickers, posters, stickers, decals, book marks, score books, score cards, printed paper signs, writing pads, note paper, note books, coloring books, preprinted agenda organizers, magazines featuring football game programs, books and booklets featuring football, autograph books, book covers, wall calendars, desk calendars, playing cards , paper pennants, gift wrapping paper, paper gift wrap bows, paper gift and party bags, paper party decorations, paper coasters, paper flags, paper napkins, paper tablecloths, paper placemats, greeting cards, postcards, unmounted photographs, lithographs, paper door signs; photograph albums; scrapbooks; plastic football card holders and cases; football card albums; binders; stationery- type portfolios; stationery folders; metal bulletin boards; bank checks and checkbook covers; credit cards; office products, namely, paperweights, letter openers , paper clips, pens, pencils, markers, desk stands and holders for pens, pencils and ink, non-electric erasers, pencil sharpeners, drafting and drawing rulers; aquariums; preprinted football contracts; commemorative stamps; facial tissue and toilet tissue; temporary tattoos; wallpaper and wallpaper borders and decorative pencil top ornaments in International Class 16; luggage; book bags; duffel bags; fanny packs; roll bags; school bags; school book bags; tote bags; backpacks; wallets; luggage tags; umbrellas; felt and drawstring pouches; waist packs; purses; leather goods, namely, key fobs; wrist mounted purses in International Class 18; housewares, namely, mugs, plates, bowls , lunch boxes, lunch pails, vacuum flasks, thermal insulated containers for food and beverage, drinking glasses and cups, paper cups, plastic cups, paper plates, paper bowls, hair combs, hair brushes, electric and non- electric toothbrushes, non-metal decorative boxes, serving
7-

Case 1:04-cv-07863-DC

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Page 10 of 35

, pitchers, figures, trays not of precious metal, decanters figurines, sculptures, and statuettes made of terra cott earthenware, glass, porcelain , resin, crystal and china, holders, china wastepaper baskets, soap dishes; toothbrush ornaments, wind chimes, plastic coasters, cocktail picks, comb cutters, cosmetic brushes, cases, commemorative plates, cookie soap, drinking corkscrews, soap dishes, dispensers for liquid flasks, toothpick holders, pepper mills, pastry molds, pudding old househ molds, powder puffs, salt shakers, all purpose portabl , drinking steins, shot

containers; back scratchers, cookie j

glasses, sports bottles sold empty, non-metal coin banks, children s dinnerware, candlesticks not of precious metal, coffee 21; services not of precious metal in International Class textile goods, namely, bath linen, cloth flags, curtain quilts, fabric, curtains, draperies, duvet covers, quilt covers, towels, beach quilts, beach towels, table cloths not covers, of paper, table linens, place mats, unfitted fabric furniture linen, upholstery fabric, handkerchiefs, bedding, namely, bed sheets, pillowcases, comforters, bedspreads, blankets, pillow ticking, dust ruffles, shams, mattress pads, cloth mattress duvets, cotton fabric, polyester fabric, cotton polyester and blends, and polyester fabric blends, cotton and rayon fabric rayon fabric blends, cotton/polyester/rayon fabric blends, upholstery fabric, oven mitts, crib bumpers, tapestries of mats, shower textile, textile wall hangings, and fabric bath curtains, textile napkins, pot holders, fabric bath mats, curtain panels and fabric valances in International Class 24; shorts, men s, women s and children s clothing, namely, suits, suits, warm-up formal wear, dresses, skirts, jogging underwear, jackets, sweaters, vests, pants, ponchos, visors, bodysuits, rainwear, hats, caps, overalls, cloth bibs, infant diaper covers, cloth diaper sets with undershirt and diaper cover, jumpers, rompers, uniforms, uniform jerseys, windsets, leotards, unitards, resistant jackets, baby booties, short , belts, suspenders, cummerbunds, pajamas, ties, bowties, neckties earmuffs, nightshirts, nightgowns, sweatpants, socks, swimwear, tank tops, mittens, gloves, scarves, footwear, thongs, hosiery, robes, shoes, slippers, chef' crop tops, wristbands, headbands, warmers, hats, aprons, clothing wrap, sliding girdles, leg swimwear, berets, bandannas, shoe laces and money belts in
Internat ional Class 25;

flasks,

toys and sporting goods, namely, footballs, football helmets, football pads, football tees, arm guards for athletic use, leg guards for athletic use, basketball backboards, bowling balls, baseballs, bags, bowling balls, basket balls, playground action balls, tennis balls, stuffed toy animals, puppets, cookware, balloons, bendable toy figurines, toy bakeware and kites, piggy banks, bean bags, billiard game playing equipment, thereof, marbles, checker sets, chess sets, dart boards and parts d three an toy trucks, toy mobiles, jigsaw puzzles, manipulati cartridges, yos, game dimensional puzzles, toy snow gloves, yoornaments, toy chest protectors for sports, Christmas tree

ruber

- 8-

--Case 1:04-cv-07863-DC Document 8-2COMp.t. JED Filed 12/03/2004

!.

Page 11 of 35

figures, toy construction blocks, dolls and doll accessori thletic supporters, dice, computer game programs, hand held video and electronic games, manually operated exercise equipment, fishing tackle, fishing rods, swim floats for recreational use, board games, party favors in the nature of noise makers and party hats, coin operated pinball machines, skateboards, playground slides, surfboards, snowboards, snow sleds for recreational use, exercise trampolines, flying disks, autographed footballs, inflatable goal posts , decorative wind socks, toy snow globes, golf club head covers, golf club bags, golf clubs and golf balls in International Class 28. INT

CLASS

INT CLASS ;;i2: .111111111111111111111111111111111111111111111

il03- 26- 1999
;. P8t8t

?f 1

I. TM

Mall Rcpt Dt. 'e1

;g ;1/
DAWG POUND

Attorney:

Jay F. Moldovanyi FAY, SHAPE, BEALL, FAGAN, MINNICH & MCKEE 1100 Superior Avenue - Suite 700 Cleveland, OH 44114- 2518
(216) 861- 5582

- 3-

TRADEMARK
i \\\\\\\\\\\\\\\\\\\\.\\\\\\\\\\\:
i\\\\\\

75668612

Case 1:04-cv-07863-DC Document 8-2 Filed 12/03/2004 Page 12 of 35 Page 01 of 01 TRDEMARK APPLI nON ::IPT FOR FILING
Jun 17 , 1999

Rcceipi on the DATE OF FILING of lhe application for regiStation and riing fees is

acknowledged for the mark identircd below. The

DATE OF FILING

is contingent upon the collcttion of any

idered in the order in which il wa received and payment made by check or draft. Your application will be cons

Omec in approximately 06

you will be nolified as to the cxaminalion thereof. Action on Ihe merir. should be expeclcd from the Patent and Trademark

monlhs from the riing dale. When inquiring about Ihis application, include lhe SERIAL NUMBER. DATE OF FILING,

OWNER NAME, and MARK.

DAVID M. PROPER NAT I ONAL FOOTBALL LEAGUE PROPERT I ES, 280 PARK AVENUE NEW YORK, NEW YORK 10017

I NC

ATTORNEY REFERENCE NUMBER

A .,equesl

RECEIPT DATA. OF PLEASE REVIEW TH ACCURACY 30 daysmE FILINGaddress: ASSISTANT COMMISSIONER FOR within 10 the rollowiag
for correction to the riing receipt should

be SUb

iued

TRADEMARKS, 2900 CRYSTAL DRIVE, ARLINGTON. VIRGINIA 22202-3513. The

correspondence should be mark.ed to Ihe attention or Ihe Orrce

or Trademark. Progrm Control. The

Patent and Trademark. Orrce will review the requesl and mak.e

corrections when appropriate.

SERIAL NUMBER: 75/687368 Apr 20, 1999 FILING DATE:
REG I STER:

Principal
105

LAW OFFICE:
MARK:

DAWG POUND

MARK TYPE (5) :
DRAWl NG TYPE: Fill NG BAS I 5:

Serv i ce Mark

Words,

etters, or numbers and des i
(I ntent to Use)

Sect. 1 (b)

ATTORNEY: David M. Proper
OWNER:

I TY COMPANY) Cleveland Browns Football Company, LLC (DE LAWARE, L I MI TED L I AB I L

76 Lou Groza Boulevard

Berea, OHIO 44017
FOR: education and entertainment services, namely, professional football games computer v i a a 9 oba 1 and
exh

i bit i on

prov

ding spor ts and enterta i
y mus i ca I

nment i nformat i on

network or a commercial on-l enterta i nment servi ces, name I
compet it ions,
compet it ions

ine service; organization of sports events;

and dance performances provi ded dur i

intervals at sports events, fan club services; arranging and conductingev is i on rad i 0 and te 1 athletic

phys i ca I educat i on programs, product i on of

programs, live shows and displays featuring football games, exhibitions and

I NT. CLASS: 041
ALL OF THE GODS/SERVICES IN EACH CLASS ARE LISTED

TM'R'3

2/171

ADDITIDNAL INFDRMA TIDN MAY BE PRESENT IN THE PTO

RECDRDS

Case 1:04-cv-07863-DC

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fN THE UNITED STATES PATENT AND TRAEMAR OFFICE
BEFORE THE EXA.\1INER OF TRAEMARS

Application for Registration
Mark: DA WG POUND AND DESIGN
Class: (Int.) 41

TO THE COMMISSIONER OF PATENTS AND TRAEMARS

Applicant:

Cleveland Browns Football Company, LLC a limited liability company organized under the laws of the State of Delaware
76 Lou Groza Boulevard

Address:

Berea, Ohio 44017
Dear Sir:

Applicant , a limited liability company organized under the laws of Delaware.

located at 76 Lou Groza Boulevard , Berea. Ohio 44017 , requests registration of the aboveidentified service mark, shown in the accompanying drawing, in the United States Patent and

Trademark Offce on the Principal Register established by the Act of July 5, 1946 for the
following services:

Int. Class 41: education and entertainment services. namely, professional Cootball games and exhibitions; providing sports and entertainment infonnation via
a global computer netWork or a commercial on- line service; organization

of sports events; entertainment services , namely musical and dance perfonnances provided during intervals at sports events, fan club services; aranging and conducting athletic competitions , physical education programs, production of radio and television programs, live shows and displays featuring football games, exhibitions and competitions

Case 1:04-cv-07863-DC

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Page 14 of 35

Applicant has a

bonafllfe

intention to use the mark in commerce on or in
c. 105 I

connection with the above- identified services (in accordance with 15 U.
amended).

(b), as

The mark will be used in connection with the services by placing it on advertising
and promotional materials.

CARMEN A. POLICY, being hereby warned that willful false statements and the

like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of
the United States Code, and that such willful false statements may jeopardize the validity of the
above- identified application or any registration resulting therefrom. declares: that he is President

of the applicant and is properly authorized to execute this instrument on behalf of said limited
liability company; that he believes applicant to be entitled to use in commerce the service mark

sought to be registered, that to the best of his knowledge and belief no other person. fil1.
corporation or association has the right to use said mark in commerce, either in the identical fOI1
or in such near resemblance thereto as to be likely, when applied to the goods or services of such
other person, to cause confusion or to cause mistake, or to deceive; that all statements made

herein of his own knowledge are true and all statements made on infol1ation and belief are
believed to be true.

..
Case 1:04-cv-07863-DC

......

).
,.

(:(;y

Document 8-2

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BROWNS.
Applicant hereby appoints as its attorneys Gary M. Gertzog, Paula M. Guibault and David M.
Proper , members of the Bar of the State of New York, with full power of substitution and

revocation , to prosecute this application to register , to transact all business in the Patent and

Trademark Offce in connection therewith, and to receive the Certificate of Registration, and
hereby requests that all communications hereafter be addressed to its attorneys at their offce
address as follows:

David M. Proper. National Football League Properties , Inc. , 280 Park

Avenue , New York , New York 10017.

Cleveland Browns Football Company LLC

Dated:

By:

Caren A. Policy
President

6(--2

, 1-

CLEVELA:-D BROW:-S
:'l' LOC GROZA HOL" U:S. \RU . HERE. ,). OHIO .4J1117 50I14 :,(lI1t1 . 1-.1 1.J1I11( t-1.)OI
\\ Lndows\

P\AppSignPage. doc

\('I.1nJhrt....n,

...Im

Case 1:04-cv-07863-DC

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Cleveland Browns Football Company, LLC 76 Lou Groza Boulevard Berea , Ohio 44017
Application is based on bona fide

intention to use the mark in commerce (in accordance with 15

U.sC. 1051(b), as amended).
Int. Class 41: education and entertai!)ent services , namely, professional football games and exhibitions; providing sports and entertainment information via
a global computer network or a commercial on- line service; organization of sports events; entertainment services, namely musical and dance performances provided during intervals at sports events, fan club services; arranging and conducting athletic competitions, physical education programs , production of radio and television programs, live shows and displays featuring football games, exhibitions and competitions

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CERTIFICATE OF MAILING BY EXPRESS MAIL

APPLICATION FOR REGISTRATION

MAR: DA WG POUN

AN DESIGN

Express Mail No: EH827332808US
Date of Deposit:
April 20 , 1999

I hereby certify that the above- identified correspondence , with is attached, is being
deposited with the United States Postal Service " Express Mail Post Offce to Addressee " service
under 37 C.

R. 1.10 on the date indicated above and is addressed to the Assistant Commissioner

for Trademarks BOX NEW APP FEE , 2900 rystal Drive , Arlington, Virginia 22202- 3513

Kathleen O' Sullivan

NFLAXPO 1 \TRADE\ORMS\MASTitu::pppto. doc

Case 1:04-cv-07863-DC
FILING

Document 8-2

Filed 12/03/2004
ION

Page 18 of 35
Page 01 of 01

-:EIPT FOR TRDEMARK APPLH

Jun 17. 1999

Receipt on the DATE OF FILING of the application for regisiralion and filing fees is draCt. Your applicuion will be cons idered in the order in which it wa received and IS contingent upon the colleclion oC any ' payment made by check or appro:oimalely 06 ,:01. will be nOliCied as 10 the examination IhereoC. Action on the merils should be expected Crom Ihe Palent and Trademark OfCce in
months rrom Ihe Ciling due. When inquiring about this application. include the SERIAL NUMBER. DATE OF FILING,
OWNER NAME. and MARK.

acknowledged for the mark idcntHicd below. The

DATE OF FILING

DAVID M. PROPER NAT I ONAL FOOTBALL LEAGUE PROPERT I ES, I NC 280 PARK AVENUE NEW YORK, NEW YDRK 10017

ATTORNEY
REFERENCE NUMBER

PLEASE REVIEW THE ACCURACY OF THE FILING RECEIPT DATA. ASSISTANT COMMISSIONER FOR
A reqUl:st Cor correction to Ihe fiing reccipt sbould be submittcd within

30 days to the (ollowing address:

TRADEMARKS. 2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3SL3. The correspondcnce should correclions when appropriue. of Trademark Program Control. The Patent aDd Trademark OfCce will review the request and make

be marked 10 Ihe aueotion or the OfCce

SERIAL NUMBER: 75/687369 Apr 20, 1999 F I LING DATE:
REG I STER:

Principal
106

LAW OFFICE:
MARK:

DAWG POUND

MARK TYPE (S) :
DRAWl NG TYPE:

Trademark

Words, letters, or numbers and des i gn

F I LING BAS IS:

Sect. 1 (b)

(I ntent to Use)

ATTORNEY: David M. Proper
OWNER:

C I eve I and Browns Footba' I

Company, LLC (DELAWARE,

LIMITED LIABILITY COMPANY)

76 Lou Groza Bou' evard Berea, OH I 0 44017
FOR: toys and sporting goods, plush toys, stuffed animals, play figures, golf balls, golf s, toy golf clubs, golf club covers, bowl ing balls, bowl ing bags, footbal gs, banks, board games relating to football, Christmas tree ornaments, decorative wind
socks, ba 11 oons, jigsaw puzz 1 es

I NT. CLASS: 028
ALL OF THE GODS/SERVICES IN EACH CLASS ARE LISTED

TM'.'3 (.ey 2/.T)

ADDITONAL INFORMATION MAY BE PRESENT IN THE PTO

RECOROS

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 19 of 35

IN THE UNITED STATES PATENT AND TRADEMAR OFFICE BEFORE THE EXAMINER OF TRAEMARS
Application for Registration
Mark: DA

WG POUND AND DESIGN

Class: (Int.) 28

TO THE COMMISSIONER OF PATENTS AND TRADEMARS
Applicant:

Cleveland Browns Football Company, LLC a limited liability company organized under the laws of Delaware
76 Lou Groza Boulevard

Address:

Berea, Ohio 44017
Dear Sir:

Applicant , a limited liability company organized under the laws of Delaware.

located at 76 Lou Groza Boulevard, Berea, Ohio 44017 , requests registration of the aboveidentified trademark. shown in the accompanying drawing, in the United States Patent and

Trademark Offce on the Principal Register established by the Act of July 5. 1946 for the
following goods:
Int. Class 28: toys and sporting goods, plush toys,

stuffed animals, play figures. golf

balls, golf bags, golf clubs, golf club covers, bowling balls. bowling bags. footballs, toy bans, board games relating to football, Christmas tree ornaments, decorative wind socks. balloons, jigsaw puzzles

Applicant has a

bona fide

intention to use the mark in commerce on or in
C. 1051 (b). as amended).

connection with the above- identified goods (in accordance with 15 U.

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 20 of 35

The mark will be used in connection with the goods by placing it on the goods
themselves , on labels or tags affxed to the goods, on the containers or packaging for the goods,

or on displays associaied with the goods.

CAREN A. POLICY, being hereby warned that willful false statements and the
like so made are punishable by fine or imprisonment , or both , under Section 1001 of Title 18 of

the United States Code, and that such willful false statements may jeopardize the validity of the
above- identified application or any registration resulting therefrom , declares that he is President

of the applicant and is properly authorized to execute this instrument on behalf of said limited
liability company; that he believes applicant to be entitled to use in commerce the trademark
sought to be registered , that to the best of his knowledge and belief no other person, firm,
corporation or association has the right to use said mark in commerce , either in the identical form

or in such near resemblance thereto as to be likely, when applied to the goods or services of such other person, to cause confusion or to cause mistake, or to deceive; that all statements made
herein of his own knowledge are true and all statements made on information and belief are
be lieved to be true.

.Case 1:04-cv-07863-DC Document 8-2 Filed 12/03/2004 Page 21 of 35

...s.\'!.

81\

BROWNS.
Applicant hereby appoints as its attorneys Gary M. Gertzog, Paula M. Guibault and David M.
Proper , members of the Bar of the State of New York , with full power of substitution and
revocation , to prosecute this application to register , to transact all business in the Patent and

Trademark Offce in connection therewith, and to receive the Certificate of Registration, and
hereby requests that all communications hereafter be addressed to its attorneys at their offce
address as follows:

David M. Proper, National Football League Properties , Inc. , 280 Park

Avenue , New York, New York 10017.

Cleveland Browns Football CornP

LLC

Dated:

1- - l' -

c; Ci

By:

I..
Caren A. Policy
President

CU:V ELAND BROWNS
76 LOL" GROZA

BUl' U:.\
1.""""

RD . HER EA.

OHIO JJIII?

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IJ..U)j:o41- :'OOU'

1-\:\ tJJIII:\41. :'IIUQ
,;t.rn

k\C'IJnJhr,,""n'

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 22 of 35

Cleveland Browns Football Company, LLC 76 Lou Groza Boulevard Berea. Ohio 44017
bona fide Application is based on

intention to use the mark in commerce (in accordance with 15

c. 1051(b), as

amended).

Int. Class 28:

toys and sporting goods, plush toys, stuffed animals, play figures, golf balls , golf bags, golf clubs, golf club covers, bowling balls, bowling bags, , Chrstmas tree footballs, toy bans , board games relating to football ornaments, decorative wind socks, balloons, jigsaw puzzles

-.

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 23 of 35

CERTIFICATE OF MAlLING BY EXPRESS MAlL

APPLICATION FOR REGISTRATION

MAR: DA WG POUN

AN DESIGN

Express Mail No: EH827332808US
Date of Deposit:

April 20 , 1999

I hereby certify that the above- identified correspondence

, with is attached, is being

deposited with the United States Postal Service " Express Mail Post Offce to Addressee
under 37 C.

" service

R. 1.10 on the date indicated above and is addressed to the Assistant Commissioner
3513

for Trademarks BOX NEW APP FEE, 2900 rystal Drive, ARington, Virginia 22202-

Kathleen O' SuIlvan

'.NFLAXPO I \ TRAOE\ORMSIMASTituappp,o. doc

Case 1:04-cv-07863-DC
FILING

Document 8-2

Filed 12/03/2004
ION

Page 24 of 35
Page 01 of 01

CEIPT FOR TRDEMARK APPLI

Jun I' .
Receipt on Ihe DATE OF HUNG of the applica\ion for
. contingent upon the collection of any payment made by check or draft. Your

1999

registration and filing fees is acknowledged for the mark Identified below. The DATE OF wa received and application will be considered in the order in which it
from the Patent and Trademark Offce in approximately 06

FILING

will be ReliCied as to the c:umination thereof. Action on the mcrils should be expected

months from the riling dale. When inquiring about this application. include the SERIAL NUMBER. DATE OF FILING,

OWNER NAME, and MARK.

DAVI D M. PRDPER I NC NAT I DNAL FDDTBALL LEAGUE PRDPERT I ES,
28D P ARK AVENUE

ATTORNEY REFERENCE NUMBER

NEW YDRK, NEW YDRK lDD17

be marked 10 the attention of the Office TRADEMARKS. 2900 CRYSTAL DRIVE, ARLlNcJTON. VIRGINIA 22202-3$13. The correspondence should corrections when appropriate. Trademark Offce will review the request and make

A request for correction to the filing receipt should be subrnincd

PLEASE REVIEW THE ACCURACY30 days to theFILINGaddress: ASSISTANT COMMISSIONER FOR OF THE following RECEIPT DATA. wHhin

of Trademark Progrm Control. The Patent and

SER I AL NUMBER:

75/68737D
Apr 2D, 1999 P r i nc i pa I

FILING DATE:

REGISTER:
LAW DFFICE:
MARK:

lD8
DAWG PDUND

MARK TYPE (S) : DRAW I NG TYPE:
Fill NG BAS IS:

Trademark

Words, letters, or number s and des i gn Sect. 1 (b) (Intent to Use)

ATTDRNEY: David M. Proper
DWNER:

Cleveland Browns Football
76 Lou Groza Bou I evard

Company, LLC (DELAWARE, L I M I TED L I AB I L I TY CDMPANY)

Berea, DHID 44D17
FDR: men s, women s and children s clothing, namely, fleece tops and bottoms, caps, headwear, T- shirts, sweatshirts, shorts, tank tops, swe3ters, pants, jackets. turtlenecks, jumpsuits, golf shirts, jerseys. wristbands, warn up suits. swimwear, wind resistant jackets, raincoats, parkas, ponchos, gloves, ties, suspenders, cloth bibs, sleepwear, namely, robes, night shirts and pajamas, gloves, mittens, knit hats I y, and caps, scarves. aprons. headbands, ear muffs and underwear; footwear, name

boots, sneakers and ath 1 et i c shoes
INT. CLASS: D25

ALL OF THE GODS/SERVICES IN EACH CLASS ARE LISTED

TM'"''

1..1:'1 2/111

ADDITIONAL INFORMATION MAY BE PRESENT IN THE PTO RECORDS

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 25 of 35

IN THE UNITED STATES PATENT AND TRAEMAR OFFICE BEFORE THE EXAMINER OF TRADEMARS

Application for Registration
Mark: DA WG

POUND AND DESIGN

Class: (In!. 25

TO THE COMMISSIONER OF PATENTS AND TRADEMARS

Applicant:

Cleveland Browns Football Company, LLC a limited liability company organized under the laws of Delaware
76 Lou Groza Boulevard Berea, Ohio 44017

Address:

Dear Sir:

Applicant , a limited liability company organized under the laws of Delaware.

located at 76 Lou Groza Boulevard, Berea, Ohio 44017 , requests registration of the aboveidentified trademark, shown in the accompanying drawing, in the United States Patent and

Trademark Offce on the Principal Register established by the Act of July 5, 1946 for the
following goods:

Int. Class 25: men s, women s and children s clothing, namely, fleece tops and bottoms.

caps, headwear. T-shirts, sweatshirts, shorts, tan tops, sweaters. pants. jackets , turtlenecks, jumpsuits, golf shirts, jerseys, wristbands, warm up suits, swimwear, wind resistant jackets, raincoats, parkas. ponchos. gloves. ties, suspenders, cloth bibs, sleepwear, namely, robes, night shirts and pajamas, gloves, mittens, knit hats and caps, scares, aprons, headbands. ear muffs and underwear; footwear, namely, boots, sneakers and athletic shoes

Applicant has a

bona fide

intention to use the mark in commerce on or in

connection with the above- identified

goods (in accordance with IS U.

c. 1051(b), as

amended).

..
Case 1:04-cv-07863-DC Document 8-2 Filed 12/03/2004 Page 26 of 35

The mark will be used in connection with the goods by placing it on the goods

themselves, on labels or tags affxed to the goods , on the containers or packaging for the goods,
or on displays associated with the goods.

CAREN A. POLICY, being hereby warned that willful false statements and the
like so made are punishable by fine or imprisonment , or both, under Section 1001 of Title 18 of
the United States Code; and that such willful false statements may jeopardize the validity of the
above- identified application or any registration resulting therefrom , declares:
that he is

President of the applicant and is properly authorized to execute this instrument on behalfofsaid

limited liability company; that he believes applicant to be entitled to use in commerce the
trademark sought to be registered, that to the best of his knowledge and belief no other person,
firm, corporation or association has the right to use said mark in commerce , either in the identical

form or in such near resemblance thereto as to be likely, when applied to the goods or services of
such other person , to cause confusion or to cause mistake , or to deceive; that all statements made herein of his own knowledge are true and all statements made on information and belief are believed to be true.

..
Case 1:04-cv-07863-DC Document 8-2 Filed 12/03/2004 Page 27 of 35

BROWNS.
Applicant hereby appoints as its attorneys Gary M. Gertzog, Paula M. Guibault and David M.
Proper , members of the Bar of the State of New York, with full power of substitution and

revocation , to prosecute this application to register, to transact all business in the Patent and

Trademark Offce in connection therewith, and to receive the Certificate of Registration, and
hereby requests that all communications hereafter be addressed to its attorneys at their offce
address as follows:

David M. Proper, National Football League Properties, Inc., 280 Park

Avenue, New York, New York 10017.

Cleveland Browns Football Co

LLC

Dated:

c/9-

Cjc;

By:

Caren A. Policy
President

76 LOU GROZA BOLLEVARO . BEREA. OHIO ""17
-IO, \y,indows\

CLEVELAND BROWNS
gQI- 5l\no . fAX I-I,WI KIII. 5(JO

P\AppSignPage. doc

\\\\"' ..!(\(I..nJI'H\\..n, ..um

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 28 of 35

Cleveland Browns Football Company, LLC
76 Lou Groza Boulevard

Berea , Ohio 44017
Application is based

on. bonafide

intention to use the mark in commerce (in accordance with 15

c. i051(b), as amended).

Int. Class 25:

men s, women s and children s clothing, namely, fleece tops and bottoms caps, headwear, T-shirts, sweatshirts, shorts , tan tops, sweaters , pants, jackets, turtlenecks , jumpsuits, golf shirts , jerseys , wristbands, war up suits, swimwear, wind resistant jackets, raincoats, parkas , ponchos, gloves, ties, suspenders, cloth bibs, sleepwear, namely, robes, night shirts and pajamas , gloves, mittens, knit hats and caps, scarves, aprons, headbands, ear muffs and underwear; footwear, namely, boots, sneakers and athletic shoes

-.

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 29 of 35

CERTIFICATE OF MAILING BY EXPRESS MAIL

APPLICATION FOR REGISTRATION

MAR: DA WG POUN

AN DESIGN

Express Mail No: EH827332808US
Date of Deposit:

April 20, 1999

I hereby certify that the above- identified correspondence , with is attached, is being
deposited with the United States Postal Service " Express Mail Post Office to Addressee
under 37 C.
R. 1.0 on the date
" service

indicated above and is addressed to the Assistant Commissioner
3513

for Trademarks BOX NEW APP FEE, 290 Crystal Drive , Arlingt n, Virginia 22202-

Kathleen O' Sullivan

FLAXPOI ITRADElORMSIMASTi,uappplO. doc

Case 1:04-cv-07863-DC Document 8-2 Filed 12/03/2004 Page 30 of 35 Page 01 of 01 nON CEIPT FOR TRDEMARK APPLI FILING
Jun 17 , 1999

registration and filing fees is acknowledged for Ihe Receipt on the DATE Of FILING of the applicalion (or considered payment made by check or draJt. Your application will be is contingenL upon the collection of any

mark identHied below. The DATE OF FILING
in the o der in which il was received and

you will be notified as 10 the u. aminalion thereof. Action on the meriLS should be OWNER NAME. and MARK. monlhs from Ihe filing date. When inquiring about this application. include the SERIAL NUMBER. DATE OF FILING.

cxpcl;led from Ihe Patenl and Trademark omce in approximately 06

DAVID M. PROPER INC NATIONAL FOOTBALL LEAGUE PROPERTI ES, 280 PARK AVENUE NEW YORK, NEW YORK 10017

ATTORNEY REFERENCE NUMBER

PLEASE REVIEW THE ACCURACY OF THE FILINGaddress: ASSISTANT COMMISSIONER FOR RECEIPT
A request for correction 10 Ihe riUng receip1 should be $ubmincd within 30 days to the following
TRADEMARKS, 2900 CRYSTAL DRIVE, ARLINGTON, VIRGINIA 22202-3513. The
correspondence should be marked 10 Ihe attenlion of the Offce

DATA.

of Trademark Program Connol. The Pall:nt and Trademark Offce will review Ihe requesl and make

corrections when appropriate.

SER I AL NUMBER:

75/687371
Apr 20, 1999
Pr i nc i pa 1

FILING DATE:
REG I STER:

LAW OFF ICE:
MARK:

106
OAWG POUND

MARK TYPE (S) : DRAW I NG TYPE:
Fill NG BAS IS:

Tr adema r k

Words, 1 etters,

or numbers and des I

Sect. I (b)

(I ntent to Use)

ATTORNEY: Davi d M. Proper
OWNER:

C I eve 1 and Browns Footba 76 Lou Groza Boulevard
Ber ea, OH

Company LLC (DELAWARE, L IMI TED L I AB I L ITY COMPANY)

I 0 44017

FOR: posters, calendars, trading cards, books relating to football, magazines relating to rs, :;i:i fcctba11. neWslctteis re1ating to footbal1. notepads, 5tickers. bumper cards; ng pads, paper pennants and greet i pens and penc i Is, cred it cards, note i ca 11 y coded prepa i d phone cards, tickets to sports games and events; non-magnet pens, pencl Is, penci 1 cases, rub on decorative transfers, note paper, pictorial prints, picture postcards, art pictures, stationery, envelopes, stationery-type checkbook covers, tissue portfol ios, photo albums, scrapbook albums, ring binders, eel oths, paper napk i ns, paper par ty ng cards, paper tab
paper, wrapp i ng paper, play i hats, paper party invitations, paper gift cards; 1 la holders, periodically issued paper gift bags, paper gift boxes, collectible cards; collectible card and memorabi souveni r programs for sports events INT, CLASS: 016
ALL OF THE GODSfSERVICES IN EACH CLASS ARE LISTED

'.'1 I

2/"1

ADDITIONAL INFORMATION MAY BE PRESENT IN THE PTO

RECORDS

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 31 of 35

11' THE UNITED STATES PATENT AND TRAEMAR OFFICE BEFORE THE EXAMINER OF TRADEMARS

Application for Registration

Mark: DAWG POUND AND DESIGN
Class: (Int.) 16
TO THE COMMISSIONER OF PATENTS AND TRAEMARS
Applicant:

Cleveland Browns Football Company LLC a limited liability company organized under the laws of Delaware
76 Lou Groza Boulevard

Address:

Berea . Ohio 44017
Dear Sir:

Applicant , a limited liability company organized under the laws of Delaware

located at 76 Lou Groza Boulevard , Berea, Ohio 44017, requests registration of the aboveidentified trademark, shown in the accompanying drawing, in the United States Patent and

Trademark Offce on the Principal Register established by the Act of July 5 , 1946 for the
following goods:

Int. Class 16: posters, calendars, trading cards, books relating to football. magazines relating to football, newsletters relating to football. notepads, stickers, bumper stickers, pens and pencils, credit cards, note
pads , paper pennants and greeting cards; tickets to sports games and events; non-magnetically coded prepaid phone cards , pens. pencils. pencil cases , rub on decorative transfers. note paper, pictorial prints. picture postcards , art pictures. stationery, envelopes, stationery- type portfolios. photo albums, scrapbook albums, ring binders, checkbook covers, tissue paper , wrapping paper, playing cards, paper table cloths. paper napkins paper par hats, paper pary invitations, paper gift cards; paper gift bags, paper gift boxes, collectible cards; collectible card and memorabilia holders , periodically issued souvenir programs for sports events

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 32 of 35

Applicant has a

bona fide

intention to use the mark in commerce on or in

connection with the above- identified goods (in accordance with 15 U.sC. 1 051(b), as amended).
The mark will be used in connection with the goods by placing it on the goods
themselves , on labels or tags affxed to the goods, on the containers or packaging for the goods.

or on displays associated with the goods.

CAREN A. POLICY , being hereby warned that willful false statements and the
like so made are punishable by fine or imprisonment, or both , under Section 1001 of Title 18 of

the United States Code, and that such willful false statements may jeopardize the validity of the
above- identified application or any registration resulting therefrom, declares: that he is President

of the applicant and is properly authorized to execute this instrument on behalf of said limited
liability company; that he believes applicant to be entitled to use in commerce the trademark

sought to be registered , that to the best of his knowledge and belief no other person, firm,
corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as to be likely, when applied to the goods or services of such

other person, to cause confusion or to cause mistake, or to deceive; that all statements made

herein of his own knowledge are tre
believed to be tre.

and all statements

made on information and belief are

//
Case 1:04-cv-07863-DC Document 8-2

.,
--

Filed 12/03/2004

Page 33 of 35

BROWNS.
Applicant hereby appoints as its attorneys Gary M. Gertzog, Paula M. Guibau\t and David M.
Proper , members of the Bar of the State of New York, with full power of substitution and

revocation , to prosecute this application to register , to transact all business in the Patent and

Trademark Office in connection therewith , and to receive the Certificate of Registration, and

hereby requests that all communications hereafter be addressed to its attorneys at their offce
address as follows:

David M. Proper, National Football League Properties , Inc.

, 280 Park

Avenue , New York, New York 10017.

Cleveland Browns Football Company LLC

Dated:

c./ -

Cj C;

By:

Caren A. Policy
President

76 LOC GROZ.o\ BOLLt-. V-\RD . Hr. Rf.A. OHIO J-WI;
IJJU, 1H111 .

CLEVELA:-D BROWNS
I-.\\:
1...\111

IIN

C \\indows..T

P\ppSignPage. doc

" \\.... ..h:\.:I..nJt-r,,'" ,,1111

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 34 of 35

Cleveland Browns Football Company LLC
76 Lou Groza Boulevard

Berea, Ohio 44017
Application is based on bona fide

intention to use the mark in commerce (in accordance with 15

U.se. 1051(b), as amended).
Int. Class 16:
posters, calendars, trading cards, books relating to football, magazines relating to football, newsletters relating to football. notepads, stickers, bumper stickers, pens and pencils, credit cards. note pads , paper pennants and greeting cards; tickets to sports games and events; non-magnetically coded prepaid phone cards , pens, pencils, pencil cases, rub on decorative transfers , note paper, pictorial prints, picture postcards-, ar pictures , stationery, envelopes , stationery-type portfolios, photo albums, scrapbook albums, ring binders, checkbook covers, tissue paper , wrapping paper. playing cards, paper table cloths, paper napkins, paper party hats, paper party invitations, paper gift cards; paper gift bags, paper gift boxes, collectible cards; collectible card and memorabilia holders, periodically issued souvenir programs for sports events

Case 1:04-cv-07863-DC

Document 8-2

Filed 12/03/2004

Page 35 of 35

CERTIFCATE OF MAILING BY EXPRESS MAIL

APPLICATION FOR REGISTRATION

MAR: DA WG POUN AND DESIGN

Express Mail No: EH827332808US
Date of Deposit:
April J.O J 1999

I hereby certify that the above- identified correspondence , with is attached, is being
deposited with the United States Postal Service " Express Mail Post Offce to Addressee" service
under 37 C.
R. \.0 on the date

indicated above and is addressed to the Assistant Commissioner

for Trademarks BOX NEW APP FEE , 290 Crystal Drive,Arlin ton, Virginia 22202- 3513

Kathleen O' Sullvan

\N

FLAXPO I \TRADE\OR.\1S\MASTituappplo. doc