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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Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 008, for which "HOKIES" is not registered. VT 012204 Docke Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. VT 012205 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered. VT 012207 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered. 0 2208 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 006, for which "HOKIES" is not registered. VT 012209 front hood back hood fins front bumper doors 2011 license plt rear Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. pennant wheels VT 012460 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012461 PMS 208 C PMS 158 C PMS white Rim and cord color: PMS 158 C HOKIES 2012 HOKIES 2012 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012462 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012465 The Memory Company Art Glass Double Switchplate Virginia Tech COL-VRT-649 5" Switchplate Colors: PMS 208 (Maroon) and PMS 158 (Orange) Logo Colors: PMS 208 (Maroon), PMS 158 (Orange) and White 5.25" * Black Lines Indicate Leading Word Colors: PMS 158 (Orange) Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered. VT 012466 The Memory Company, LLCTM Sublimated-Ceramic "Jersey" 4-Pack Coasters Virginia Tech COL-VRT-956 Art Colors: CMYK Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 021, for which "HOKIES" is not registered. VT 012468 14" Tiffany Style Hand Painted Lamp Front/ Back Front/Back Colors: PMS 208 (Maroon), PMS 158 (Orange), Black, and White 7" Memory Company Virginia Tech COL-VRT-462 14" THIS INDICATES CLEAR AREA DO NOT PRINT THIS COLOR 7" Sides 2 Sides Colors: PMS 208 (Maroon), PMS 158 (Orange), and White Illegal use of the federal registration symbol with THIS INDICATES CLEAR "HOKIES" on DO NOT PRINT THIS COL goods in International Class 011, for which "HOKIES" is not registered. VT 012470 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012476 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012477 VIRGINIA TECH 2 sided ball marker METAL EMBOSSED TWO SIDED BALL MARKER PMS 208 PMS 158 WHITE METAL 200% Scale Side A Side B 100% Scale Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. Black Indicates raised metal Created: 01-13-2010 Designed in: Illustrator Designer: Mike Bath CLP Label Colors: Hologram VT 012540 BRSK7-2234 052125 05474-1 VIRGINIA TECH 7 RUBBER TB 9/10/10 BRSK7 BLACK Panel Mold Symmetrical Traditional WHITE MAROON 209 ORANGE #158 OUTLINE LOGO WHITE APPROX SIZE: 1/2" TALL BLACK BARCODE WHITE BOX WHITE INLINE MAROON #209 FILL APPROX. SIZE: 2" TALL (EMBOSSED) MAROON 209 APPROX SIZE: 1/2" TALL WHITE MAROON 209 INF BRS K7 L MO ATE T -2234 O7 IST -9 E CH N NEE LBS. INA D G3 LE ORANGE #158 LOGO APPROX SIZE: 3" WIDE ORANGE #158 BADEN ORANGE #158 FILL APPROX. SIZE: 7 1/2" WIDE (EMBOSSED) VALVE ORANGE #158 VALVE SPECS WHITE 8 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. MAROON 209 8 7,8 APPROX SIZE: 3" WIDE LOGOS ON PANELS 5 & 6 ARE EMBOSSED LOGOS ON PANELS 1 & 8 ARE DECALS VT 012796 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012797 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 012800 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020 or 024, for which "HOKIES" is not registered. VT 012801 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered. VT 012828 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012829 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 028, for which "HOKIES" is not registered. VT 012833 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 012834 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 012835 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 012837 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. VT 012852 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered. Everbrite Electronics developed this LED sign to show off your college logo with pride. Place the sign in a window on game day, and show off your team spirit. This traditional maroon and orange logo sign will provide years of reliable service with its energy efficient bright white LED's. The 10"x10"x2" sign is designed to hang by a single hook/nail on the wall and is powered by its own wallpack. Contact us at: (800) 431-7383 Email: evertron@everbrite.com VPI Ad News.pub page 1 Tuesday, September 14, 2010 16:38 Composite VT 013090 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. Everbrite Electronics developed this LED sign to show off your college logo with pride. Place the sign in a window on game day, and show off your team spirit. This traditional maroon and orange logo sign will provide years of reliable service with its energy efficient bright white LED's. The 10"x10"x2" sign is designed to hang by a single hook/nail on the wall and is powered by its own wallpack. Contact us at: (800) 431-7383 Email: evertron@everbrite.com VT 013091 59622B Virginia Tech Silkscreen Printed Flag (28" x 40") PANTONE COLORS: 208 Maroon 158 Orange Black White Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 024, for which "HOKIES" is not registered. VT 013092 HOKIES Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020, for which "HOKIES" is not registered. School: Product: Item Number: Colors: Virginia Tech University 20" x 20" Photo Frame 8PF0903 Pantone 208 Maroon, 158 Orange, White VT 013093 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered. School: Product: Item Number: Colors: Virginia Tech Digital Weather Station 84W903 Pantone 208 Maroon, 158 Orange, White VT 013094 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 020 or 021, for which "HOKIES" is not registered. School: Product: Item Number: Colors: Virginia Tech Folding TV Tray Set w/ Stand 3TV01903 Pantone 208 Maroon, 158 Orange, White VT 013095 Illegal use of the federal registration symbol with "HOKIES" on goods in International Class 011, for which "HOKIES" is not registered. School: Product: Item Number: Colors: Virginia Tech Metal Fire Pit 2LAF903 none (logo is cut out) VT 013096 EC-CBK-VIH Illegal use of the federal VIRGINIA TECH HOKIES BASKETBALL UNIVERSAL SMART PHONE CASE registration hokies TOP PANEL symbol with "HOKIES" on goods in International Class 009, for which "HOKIES" is not registered. LEFT RIGHT LOGO PMS COLORS PMS 208 PMS 158 WHITE CODE DESCRIPTION UPC STYLE PRODUCT LEATHER COLOR LINES LOGO LOGO BACKGROUND BORDER COLOR BORDER THREAD COLOR ELASTIC COLOR TOP PANEL PANEL TEAM NAME PACKAGING STICKER UPC NOTE EC-CBK-VIH VIRGINIA TECH HOKIES BASKETBALL UNIVERSAL SMART PHONE CASE 844214041417 CBK TEAM COLOR UNIVERSAL SMART PHONE CASE MAROON PMS 208 BASKETBALL LEATHER MAROON PMS 202 VIRGINIA TECH HOKIES MAROON PMS 208, ORANGE PMS 158, WHITE ORANGE PMS 158 ORANGE PMS 158 MAROON PMS 208 BLACK ORANGE PMS 158 HOKIES MAROON PMS 208 UNIVERSAL SMART PHONE CASE HANG TAG NCAA STICKER - CLC HOLOGRAM 1inch NONE VT 013131 FOR PRESENENTATION ONLY

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