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. 24

The Memory Company, LLC
Virginia Tech Helmet COL-VRT-4031

TM

Virginia Tech Style#: VRT-4031 Helmet: PMS 208 (Maroon) Face mask: White Stripes on helmet: N/A Words on front of helmet: HOKIES® Color of Words on front of helmet: PMS 208 (Maroon) Color of Logo: PMS 158 (Orange), PMS 208 (Maroon) & White Brass Plate: Virginia Tech®
* Helmet is mounted on grass stand. Not seperate pieces.

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered.

HOKIES®

VT 010516

Dockets.Justia.com

Memory Company
Pennant Light
Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

Virginia Tech
COL-VRT-880

7" H X 16" W

V

G IR

INIA

TECH HO KI E
S®

®
B L I S H E D
8
T

A

1

Colors: PMS 208 (maroon), PMS 158 (orange) and White

7 2

E S

VT 010517

Memory Company
Lantern
Lantern Color: PMS 208 (Maroon)

Virginia Tech
COL-VRT-456

Logo Colors: PMS 208 (Maroon), PMS 158 (Orange) and White

HOKIES
Logo Colors: PMS 1665 (Orange)

®
Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 011, for which "HOKIES" is not registered.

VT 010518

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 010553

REQUEST FOR ARTWORK APPR

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered.

The Grill Topper Grill Glove is a premium grilling glove, perfect for tailgating, backyard barbecues, or everyday kitchen use. Each 100% cotton grill glove features an oversized, high quality collegiate logo patch and a smaller collegiate I.D. label. Both applications are hand stitched, giving the Grill Topper Grill Glove a completely unique and high quality appeal.

Any questions, please feel free to contact: Jory Dyvig, Product Designer Designcast Specialties [phone] ext. 21 [e-mail]
VT 010595

BBM-CS6-2234BB

VIRGINIA TECH
052125 04083-6

RED #208
WHITE SF 6-30-09

ORANGE #158 TEXT & OUTLINE WHITE INLINE RED #208 "VT" APPROX. SIZE: 5 1/2" DIAMETER

ORANGE #158 STRIPE

ORANGE #158 BADEN

ORANGE #158 TEXT APPROX. SIZE: 2" WIDE

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered.

APPROX. SIZE: 1 1/2" WIDE

VT 010757

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 026 or 031, for which "HOKIES" is not registered.
VT 010765

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 012, for which "HOKIES" is not registered.

VT 010933

G H O K IO E

S

GO HOKIES
Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

PRODUCT: ITEM NUMBER(S): COLORS:

15ft clothesline banner 58903 Pantone 209 maroon, 158 orange, white, process black

VT 010979

15S903/16S903
Virginia Tech University Sculpted Applique Flag

PANTONE COLORS:

208 Maroon

158 Orange

White

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 010980

Whether you are a handyman or a contractor, this durable tool belt made of heavy-duty material will meet all of your storage needs while showing your team pride.
®

Monterey Park, CA 91754 www.fantasiainc.com
Made In China

Fantasia Inc.

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 008, for which "HOKIES" is not registered.

VT 010993

Product: Purse Hangers School: Virginia Tech

Product Number: VTPH022609

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered.

Product: Purse Hangers Material: Metal Color: Silver Logo: Inset Laminated Decal
Additional Information:

The colors on this page are not intended to match the Pantone color standards. We refer to the latest Pantone color publications for the proper color formulas.

PMS Color(s): White, 208, 158

Packaging will include the indicia statement.

Date: February 26, 2009
Submitted By FTH Enterprises, Inc 11915 South Memorial Drive, Bixby, Oklahoma 74008 888/708-1090 Contact: Don Barbee Email: [e-mail] VT 010999

Product: Key Chains

School: Virginia Tech

Product Number: VTKC022609

Product: Key Chains Material: Metal Color: Silver Logo: Inset Laminated Decal

The colors on this page are not intended to match the Pantone color standards. We refer to the latest Pantone color publications for the proper color formulas Illegal use of the federal registration Additional Information: symbol with "HOKIES" on goods in International Packaging will include the indicia statement. Class 006, for which "HOKIES" is not registered.

PMS Color(s): White, 208, 158

Date: February 26, 2009

Submitted By FTH Enterprises, Inc 11915 South Memorial Drive, Bixby, Oklahoma 74008 888/708-1090 Contact: Don Barbee Email: [e-mail] VT 011000

Project #: 9305468 Salesperson: BF/BL AF2 CTPU FOOTBALL SPEC SHEET
JOB TITLE: PANEL SKIN: COMMENTS:

Artist: GM

Date: 6/10/09

Quantity:

Factory:
Screens: 09

NCAA CTPU Virginia Tech AF2 Football
CTPU MATERIAL-"PRINT ON TOP" (NO EMBOSSING FOR CTPU BALLS)

STICHED LACE COLOR: STITCH COLOR:

WHITE WHITE

UPC #:

0-26388-09443-1

HEADER CARD:

PANEL A

PANEL B

HOKIES
PRINTED COLORS:

3

WHITE PMS 209 PMS 158

CTPU CTPU

CTPU CTPU

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered.
0 26388 09443 1
St Lou s MO

7 9

PRINTED COLORS:

1

0-26388-09443-1

PRINTED COLORS:

3

PMS 158

PANEL C
St Louis, MO

PANEL D
Date Signature of Approval

WHITE BLACK PMS 209
VT 011162

Revisions made to previous job

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 012 or 020, for which "HOKIES" is not registered.

VT 011560

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 022, for which "HOKIES" is not registered.

VT 011562

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 011563

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020 for which "HOKIES" is not registered.

VT 011565

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered.
VT 011593

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006 or 028, for which "HOKIES" is not registered.

VT 011610

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 012, for which "HOKIES" is not registered.

VT 011626

This art is the exclusive statutory property of Scottish Christmas, SC Christmas and SC Sports and may not be used in any way. This art has been copyrighted.

NO. 30271

VIRGINIA TECH

4"

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 011663

89858

Virginia Tech Hokies

HOKIES

VIRGINIA TECH

89995

Virginia Tech Hokies

Virginia Tech Hokies Pantone 209 Pantone 158 White

HOKIES

VIRGINIA TECH

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered.

VT 011669

Created:

Approved:

License Plate Frame

Revised: Created by:

Approved:

09

PANTONE®

165

PANTONE®

209

White

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 012, for which "HOKIES" is not registered.

VT 011670

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered.

VT 011825

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 011998

MAGNET FRAME
Size: 5.5"x 7.5"

VIRGINIA TECH

®

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered.

MAGNET FRAME
Size: 5.5"x 7.5"

NIA TECH

®

Inner Magnet
Size: 3.75"x 5.75"

HOKIES

®

Inner Magnet
Size: 3.75"x 5.75"

HOKIES
HOKIES
09_VirginiaTech_mag_frm

®

®

MAGNET FRAME

Virginia Tech

5"x 7" 03/24/09 4/8/09 MC 8318 Die # 4191
Derick K.

158

208

black

WinCraft Made in the U.S.A.

VT 011999

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 012021

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 022, for which "HOKIES" is not registered.

VT 012022

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered.

VT 012025

Product Design Sheet
ARTWORK Screen Colors
THE NORTHWEST COMPANY 49 Bryant Ave Roslyn, NY 11576 PRODUCT DETAILS

White

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered.

Pantone 158c

Date: 06/17/10 License: COLLEGE Style #: 881 Description: Full Size Comforter & Sheet Set Name: VARSITY - Virginia Tech 76 x 86 Size: Color Limitation: 13 TBD UPC #: Contact Patrick/Catherine Retailer: Bed Bath and Beyond Style Guide: 2010

Pantone 209c

COMMENTS

(2) Pillowcases 30" x 20" Standard (1) Comforter 76"x 86 · Full Size Bed (1) Flat Sheet 81"x 96 · Full Size Bed (1) Fitted Sheet 54"x 75" + 12" drop Licensing Label

SHEET PATTERN COLOR

PMS 430

Sheet Repeat Pattern For Fitted And Flat

approval date: posted date:

VT 012026

Product Design Sheet
ARTWORK Pillowcase same as 840, 855 design COLOR SCREENS

THE NORTHWEST COMPANY 49 Bryant Ave Roslyn, NY 11576 Date: 12/24/09 License: NCAA Style# : 882 Description: Queen Bed Comforter/Sheet Set
Pantone 209c

Name: 882_virginia tech queen size Size: 86 x 86 Color limit 10

UPC#: Contact: Liz Gilmore/ Catherine Kordecki Retailer:Walmart Style Guide: 2009/2010 COMMENTS

Flat and Fitted Sheet use same pattern Shown here - Flat top / Fitted bottom

(2) Pillowcases 30" x 20" Standard (1) Comforter 86"x 86 · Queen Size Be (1) Flat Sheet 90"x 102 · Queen Size B (1) Fitted Sheet 60"x 80" + 12" drop
Pantone 165c

Note to Factory: Engineered Pattern in separate File

COMFORTER ARTWORK
SET ARTWORK

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered.
Pantone 209c

i ensing Label

approval date: posted date:

VT 012027

Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered.

VT 012201