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))

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