Virginia Polytechnic Institute and State University v. Hokie Real Estate, Inc.

Filing 29

AFFIRMATIVE DEFENSES AND ANSWER to 1 Complaint, COUNTERCLAIM against Virginia Polytechnic Institute and State University, Locke White, Lawrence Hincker by Hokie Real Estate, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Part 1), # 8 Exhibit G (Part 2), # 9 Exhibit H, # 10 Exhibit I (Part 1), # 11 Exhibit I (Part 2), # 12 Exhibit I (Part 3), # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R (Part 1), # 22 Exhibit R (Part 2), # 23 Exhibit S (Part 1), # 24 Exhibit S (Part 2), # 25 Exhibit S (Part 3))

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Virginia Polytechnic Institute and State University v. Hokie Real Estate, Inc. Doc. 29 Att. 23 Exhibit S to Counterclaim of Hokie Real Estate, Inc. Illegal Use of Federal Registration Symbol ("") With the Term HOKIES on Goods Outside the Scope of its Registration Examples Provided by VPI&SU in its Discovery Responses Dockets.Justia.com Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 010035 VIRGINIA TECH HOODIE BEAR CONCEPT ITEM # TBD AUGUST 29, 2007 VIRGINIA TECH HOKIES Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. FRONT FLAT ARTWORK: BACK PANTONETM COLORS: VIRGINIA TECH HOKIES VIRGINIA TECH HOKIES FOR CONCEPT PRESENTATION ONLY. ALL DRAWINGS PROPERTY OF TOY FACTORY, LLC. VT 010055 COPYRIGHT 2007 TOY FACTORY, LLC. PANTONETM 209 C WHITE SIZES 5 AND LARGER (SHOWN) SIZES 3 AND SMALLER VIRGINIA TECH CONCEPT ITEM#: TBD PLUSH FAN HAND OCTOBER 8, 2007 Black key line does not print shown only to define edge o Plush Fan Hand. Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. HOKIES Toy Factory legal verbiage and collegiate (or school) legal verbiage located on SIL, Plush Fan Hand pocket. BACK NOTES: 1) PLUSH FAN HAND HAS A POCKET TO PLACE HAND INSIDE AND WEAR SIMILAR TO A GLOVE. PLUSH FAN HAND IS SEWN SO IT STAYS IN THE "NUMBER ONE" POSITION. TOY FACTORY TEAM SPIRIT BRAND HANG TAG TO ACCOMPANY PRODUCT. TO BE SUBMITTED SEPARATELY FROM CONCEPT. HANG TAG TO CONTAIN PROPER SCHOOL AND/OR COLLEGIATE INFORMATION. FRONT 2) 3) COLOR CALLOUTS: 4) PANTONETM PANTONETM 158 C 209 C WHITE FOR CONCEPT PRESENTATION ONLY. ALL DRAWINGS PROPERTY OF TOY FACTORY, LLC. VT 010056 COPYRIGHT 2007 TOY FACTORY, LLC. Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered. VT 010062 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. VT 010063 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 010064 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. VT 010135 158, 165, 208, 209, black Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. VT 010139 A L L C O L L E G I AT E F O O T B A L L S A N TA S | Figurine. 2007 & 2008. 1 EACH | 11.5" | SRP US $68.00 CDN $68.00 | MIN 1 QTY DISC 6 CLC - LICENSED CLOTHTIQUE AUBURN UNIVERSITY F O O T B A L L 800610 | 2007. CLEMSON FOOTBALL 800611 | 2007. *800610* *800611* SOUTH CAROLINA F O O T B A L L 800612 | 2007. UNIVERSITY OF ARKANSAS F O O T B A L L 800613 | 2007. *800612* *800613* 20 UNIVERSITY OF TENNESSEE F O O T B A L L 800614 | 2007. LOUISANA STATE UNIVERSITY F O O T B A L L 800615 | 2007. UNIVERSITY OF OKLAHOMA F O O T B A L L 800616 | 2007. UNIVERSITY OF ALABAMA F O O T B A L L 800618 | 2007. *800614* *800615* *800616* *8006 UNIVERSITY OF FLORIDA F O O T B A L L 800619 | 2007. UNIVERSITY OF GEORGIA F O O T B A L L 800620 | 2007. UNIVERSITY OF MICHIGAN F O O T B A L L 800622 | 2007. UNIVER FOOTBA *800619* *800620* *800622* *8006 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. F L O R I D A S TAT E F O O T B A L L 800625 | 2007. O K L A H O M A S TAT E F O O T B A L L 800757 | 2007. M I C H I G A N S TAT E * F O O T B A L L 803914 | 2007. VIRGINIA TECH FOOTBALL * 810064 | 2008. *800625* *800757* *803914* *810064* VT 010270 * NOT REPRESENTED BY CLC DEPARTMENT 56 | POSSIBLE DREAMS DECEMBER 2008 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 022, for which "HOKIES" is not registered. Maroon Woven Lanyards 1 Color Imprint 5/8" Tall x 16" Long White Ink This Color: COMPOSITE VT 010273 Mouse Pads Sublimated?? 9" Wide x 7.25" Tall This Color: COMPOSITE Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered. VT 010280 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 008, for which "HOKIES" is not registered. HOKIES Virginia Tech Tool Belt submission Fantasia Inc. VT 010322 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. VT 010325 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. COLORS: MAROON PMS 209 ORANGE PMS 165 WHITE VT 010344 PRODUCT: SOFT VINYL FOOTBALL: Size: 6" and 8 1/2" Same Logo on Back of Ball Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. COLORS: MAROON PMS 209 ORANGE PMS 165 WHITE VT 010345 Small Yard Sign HOKIES FR ONT Illegal use of the federal registration symbol with "HOKIES" on goods in International Class Paint over scr 019, for which "HOKIES" is not FR ONT 12" registered. new drill holes placement 1.5" 1.5" 3" DRILL HOLES 3" HOKIES BACK .75" square 7" Please make 7" section now 12" 5" 9" Flat head machine screw Nut Please confirm rods are 6mm 6mm Please make points so will go into ground easier VT 010426 1 8 " t a ll Al l to g et h e r 9" tall MATERIAL SL ATE Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 019, for which "HOKIES" is not registered. 12" wide 9." tall .25" deep Hokies PMS 208c PMS 158 BBall Slate VT 010427 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 019, for which "HOKIES" is not registered. VT 010428 SNOWMAN IN A BOX Aprox 4" Diam Aprox 7" tall PMS 208 PMS158 Antique Beige Black, Pink, Orange Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. HOKIES HOKIES VT 010429 Gift Card Holder Ornaments HOKIES BLACK PMS 159 5"tall 10"wide 8"deep HOKIES Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 010430 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. BLACK PMS 158 PMS 208 2.5" TALL 1.75" WIDE 1.5" DEEP G O H O K I E S ! VT 010431 Virginia Tech DECORATIVE SHOVEL 11" WIDE 38.25" TALL 1.5" DEEP VIRGINIA TECH HOKIES Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VI R G I N C IA TE H PMS 158 PMS 208 VT 010432 HOKIES 27.25" wide X 7.5" tall .75" deep Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. PMS 208 PMS 158 VT 010433 WELCOME HOKIES 27.25" wide X 7.5" tall .75" deep Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. PMS 208 PMS 158 VT 010434 VIR VIR G front INIA T G back INIA T E E CH 2.75" DIAM PMS 208 158 SHHHHHHH! QUIET! GAME DAY HOKIES FANS WELCOME Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 010435 GAME DAY CH 11 3/4" TALL 4 1/4"WIDE 3/8"DEEP 18" wide 14" tall .5" deep Metal Flag GINIA TECH IR V H O K I E S BLACK PMS 158 PM Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered. VT 010436 PMS 208 PMS 158 V Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 030, for which "HOKIES" is not registered. PMS 208 PMS 158 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 030, for which "HOKIES" is not registered. PMS 208 PMS 158 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 030, for which "HOKIES" is not registered. July 9, 2008 Designer: MC Job#: 57275 Revision #0 PANTONE 165 PANTONE 209 WHITE Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 28, for which "HOKIES" is not registered. College - Virginia Tech 2008 Product Update VT 010453 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 010513 Memory Company Art Glass Frame Frame: PMS 158 (Orange) and PMS 208 (Maroon) 9" Virginia Tech COL-VRT-245 Logo: Frame: PMS PMS 208 (maroon), PMS 158 (Orange) and White 6.5" Black lines indicate leading Wordmark: PMS 158 (Orange) Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 010515

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