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. 7

Exhibit G to Counterclaim of Hokie Real Estate, Inc.
Illegal Use of Federal Registration Symbol ("®") With the Unregistered Term HOKIE Examples Collected by Hokie Real Estate, Inc.

Dockets.Justia.com

Listing of Items Illegally Using the Federal Registration Symbol ("®") With the Unregistered Term HOKIE 1. Virginia Tech home page (URL: www.vt.edu) bearing the phrase "Hokie® Wellness and Benefits Fair" illegally using the federal trademark registration symbol on an unregistered mark. 2. Blind Image, LLC Brochure bearing the phrase "HOKIE® FOOTBALL" illegally using the federal trademark registration symbol on an unregistered mark. 3. A child's drinking "sippy" cup bearing the phrase "little hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item's packaging is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL24796009." The item states that it is manufactured by Baby FanaticTM and bears the UPC code 877131009703. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 4. A baby rattle bearing the phrase "BORN A HOKIE®" illegally using the federal trademark registration symbol on an unregistered mark. The item bears the UPC code 655746033111. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 5. A maroon stadium cup bearing the phrase "It's Official, I'm a Hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a sticker and seal stating "Collegiate Licensed Product" and "Officially Licensed Collegiate Products". The item bears the UPC code 705199100417. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 6. A toddler cup bearing the phrase "BORN TO BE A HOKIE®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL44965230." The item states that it is marketed by Whirley Industries, Inc., Warren, PA and bears the UPC code 450000703973. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 7. A can of gourmet butter toasted Virginia peanuts bearing the phrase "HOKIE® NUTS" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked on its label "Officially Licensed Product" and "Collegiate Licensed Product." The item shows to be marketed by Virginia Diner, Inc., Wakefield, VA and bears the UPC code 085582010432. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 8. A bag of gourmet salted Virginia peanuts bearing the phrase "HOKIE® NUTS" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked on its label "Officially Licensed Product" and "Collegiate Licensed

{00037007 DOC }

Product." The item shows to be marketed by www.vadiner.com, Wakefield, Virginia and bears the UPC code 085582010098. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 9. A bottle of natural spring water bearing the phrase "HOKIE® WATER" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked on its label "Bottled For Sale By Virginia Tech Services Inc." and "Bottled For Sale By Virginia Tech Student Programs Housing And Dining Services." The item is distributed by Cedco Promotions and bears the UPC code 085582010432. The item was purchased at Virginia Tech Services, Inc. University Bookstore on the Virginia Tech campus. 10. A T-shirt bearing the phrase "It's a great day to be a HOKIE®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked by a hologram tag stating "Collegiate Licensed Product" and bearing the code "CT 00183922." The item is imported by Gildan Activewear Mexico S.A. de C.V and bears the UPC code 874916007091. The item was purchased at CVS/pharmacy 833 University City Blvd, Blacksburg VA. 11. A decal bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item's packaging is marked "Officially Licensed Collegiate Products" and "Collegiate Licensed Product." The item is marketed by CDI Corp, Chicago, IL and bears the UPC code 450000748714. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 12. A 16oz. stainless dog bowl bearing the phrase "VIRGINIA TECH® HOKIE® DOG" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL24227375." The item bears the UPC code 705199139196. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 13. A 12" x 36" banner bearing the phrase "HOKIE® CHEER" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked on its tag "Officially Licensed Product" and is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL90563928." The item is marketed by Collegiate Pacific® Felt Products/Wool Felt Products, Inc., Roanoke VA and bears the UPC code 608665074390. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 14. A 1" three-ring binder bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a sticker and seal stating "Collegiate Licensed Product." The item is marketed by Samsill® and bears the UPC code 764168324582. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA.

{00037007 DOC }

15. A wooden clock bearing the phrase "WE'RE ON HOKIE® TIME!" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL24236630." The item bears the UPC code 705199140659. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 16. A bottle of natural spring water bearing the phrase "Hokie® Water" illegally using the federal trademark registration symbol on an unregistered mark. The item is distributed by Cedco Promotions and bears the UPC code 660286040208. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 17. A baby mug bearing the phrase "My First HOKIE® Mug" illegally using the federal trademark registration symbol on an unregistered mark. The item bears the UPC code 602808094238. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 18. An 11oz. mug bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item bears the UPC code 602808092296. The item was purchased at Virginia Tech Services, Inc. Volume Two Bookstore, Blacksburg VA. 19. A 12" x 36" banner bearing the phrase "Once a Hokie® Always a Hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked on its tag "Officially Licensed Product" and is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL95856562." The item is marketed by Collegiate Pacific® Felt Products/Wool Felt Products, Inc., Roanoke VA and bears the UPC code 608665074406. The item was purchased at Virginia Tech Services, Inc. Dietrick General Store on the Virginia Tech campus. 20. A 12" x 36" banner bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked on its tag "Officially Licensed Product" and is marked with a hologram sticker and seal stating "Collegiate Licensed Product" and bearing the code "CL103762010." The item is marketed by Collegiate Pacific® Felt Products/Wool Felt Products, Inc., Roanoke VA and bears the UPC code 45000075013. The item was purchased at Virginia Tech Services, Inc. Dietrick General Store on the Virginia Tech campus. 21. A T-shirt bearing the phrase "HOKIE® PRIDE CATCH IT!" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked by a hologram tag stating "Collegiate Licensed Product" and bearing the code "CT 31703542" and another tag bearing an "Officially Licensed Collegiate Products" seal. The item is marketed by JanSport® and bears the UPC code 027906805034. The item was purchased at Virginia Tech Services, Inc. Lane Stadium Hokieshops on the Virginia Tech campus.

{00037007 DOC }

22. A T-shirt bearing the phrase "HOKIE® PRIDE CATCH IT!" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked by a hologram tag stating "Collegiate Licensed Product" and bearing the code "CT 31703646" and another tag bearing an "Officially Licensed Collegiate Products" seal. The item is marketed by JanSport® and bears the UPC code 027906805065. The item was purchased at Virginia Tech Services, Inc. Lane Stadium Hokieshops on the Virginia Tech campus. 23. A T-shirt bearing the phrase "100% HOKIE® FAN" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag stating "Officially Licensed Collegiate Product," bearing a seal on that tag stating "Officially Licensed Collegiate Products" and bearing the code "51043120W." The item is marketed by Big Man On Campus/BMOCapparel.com and bears the UPC code 844953064302. The item was purchased at Hibbet Sports, Blacksburg VA. 24. A T-shirt bearing the phrase "HOKIE® FOOTBALL" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag with a seal that states "Officially Licensed Collegiate Products" and the tag also states "Collegiate Licensed Product" and bearing the code "NWG2315023." The item is marketed by New World Graphics, Athens, GA and bears the UPC code 807138139387. The item was purchased at Hibbet Sports, Blacksburg VA. 25. A T-shirt bearing the phrase "HOKIE® LOVE" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag with a seal. The tag states "Collegiate Licensed Product" and bearing the code "CT 49697472." The item is marketed by myU/myuapparel.com and bears the UPC code 844953063374. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 26. A maternity T-shirt bearing the phrase "Future Hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 49703674." The item is marketed by myU and bears the UPC code 878617001327. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 27. A child's one-piece outfit bearing the phrase "When I grow up I want to be a hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a seal and states "Collegiate Licensed Product." The item is made exclusively for Campus Emporium by: The Cotton Exchange, Wendell, NC. The item bears the UPC code 020103111113. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 28. A child's one-piece outfit bearing the phrase "HOKIE® ENDZONE" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 43755632." The item has an additional label that identifies it as

{00037007 DOC }

being made by Little KING Mfg. Co., Inc, Alamo, TX and also states "The Indicia Depicted On This Garment Are Trademarks Of The Respective College Or University." The item bears the UPC code 766329204016. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 29. A T-shirt bearing the phrase "VINTAGE TECH HOKIE® HOKIE® HI" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "NWG2650579." The item is marketed by New World Graphics, Athens, GA and bears the UPC code 807138026250. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 30. A T-shirt bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a seal and states "Collegiate Licensed Product." The item is made exclusively for Campus Emporium by: The Cotton Exchange, Wendell, NC. The item bears the UPC code 025203040110. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 31. A T-shirt bearing the phrase "VIRGINIA TECH® HOKIE® SPORTSMAN" illegally using the federal trademark registration symbol on the unregistered mark HOKIE. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "NWG2662029." The item is marketed by New World Graphics, Athens, GA and bears the UPC code 807138022160. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 32. A T-shirt bearing the phrase "Welcome to BLACKSBURG Hokie® Country" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker that includes a seal and states "Collegiate Licensed Product" and bearing the code "CL92866793." The item is marketed by New World Graphics, Athens, GA and bears the UPC code 885580303549. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 33. A girl's baby beanie cap bearing the phrase "hokie® girl" illegally using the federal trademark registration symbol on an unregistered mark. The item is marketed by Rabbit Skins and bears the UPC code 024CEM09. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 34. A baby beanie cap bearing the phrase "baby hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marketed by Rabbit Skins and bears the UPC code 004CEM09. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 35. An assortment of magnets, one of which bearing "hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with

{00037007 DOC }

a hologram sticker that includes a seal and states "Collegiate Licensed Product" and bearing the code "CL50087179." The item is marketed by Triple Overtime Promotions, LLC. and bears the UPC code 890359002066. The item was purchased at Campus Emporium South "Your One Stop Hokie Shop", Blacksburg VA. 36. A package of 10 birth announcements bearing the phrase "ANNOUNCING THE NEWEST HOKIE®!" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker that includes a seal and states "Collegiate Licensed Product" and bearing the code "CL13146011." The item is marketed by FANATICcards.com and bears the UPC code 844036002849. The item was purchased at Tech Bookstore, Blacksburg VA. 37. A DVD bearing, and whose case also bears, the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker that includes a seal and states "Collegiate Licensed Product" and bearing the code "CL47003280." The item is marketed by Horse Archer Productions and bears the UPC code 12500420. The item was purchased at Tech Bookstore, Blacksburg VA. 38. A bumper sticker bearing the phrase "IF GOD ISN'T A HOKIE® WHY DO THE LEAVES TURN ORANGE AND MAROON IN THE FALL?" illegally using the federal trademark registration symbol on an unregistered mark. The item is © William J. Miller and bears the UPC code 10414866. The item was purchased at Tech Bookstore, Blacksburg VA. 39. A T-shirt bearing the phrase "HOKIE® COUNTRY" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker that includes a seal and states "Collegiate Licensed Product" and bearing the code "CL50951401." The item is marketed by Fantoga Sportswear and bears the UPC code 859638001343. The item was purchased at Tech Bookstore, Blacksburg VA. 40. A T-shirt bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 35774616." The item is marketed by Gildan and bears the UPC code 764200288223. The item was purchased at Tech Bookstore, Blacksburg VA. 41. A long-sleeved T-shirt bearing the phrases "I AM A HOKIE®" and "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a hologram sticker with a seal that states "Collegiate Licensed Product" and bearing the code "CL54847141." The item is marketed by Nike and bears the UPC code 807421997922. The item was purchased at Tech Bookstore, Blacksburg VA.

{00037007 DOC }

42. A T-shirt bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag with a hologram sticker, including a seal, that states "Collegiate Licensed Product" and bearing the code "CL46323826." The item is marketed by gfs Co.ed and bears the UPC code 76383847953. The item was purchased at Campus Emporium "Your One Stop Hokie Shop", Blacksburg VA. 43. A T-shirt bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram sticker that includes a seal and states "Collegiate Licensed Product" and bearing the code "NWG1888128." The item is marketed by New World Graphics, Athens, GA and bears the UPC code 807138024973. The item was purchased at Campus Emporium "Your One Stop Hokie Shop", Blacksburg VA. 44. A child's T-shirt bearing the phrase "LITTLE HOKIE®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 04673731." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60201298I12M. The item was purchased at High Peak Sportswear, Blacksburg VA. 45. A child's one-piece garment bearing the phrase "Hokie®... in training" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 18689694." The item is made by Rabbit Skins and marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60001435I12M. The item was purchased at High Peak Sportswear, Blacksburg VA. 46. A child's one-piece garment bearing the phrase "Hokie®... in training" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a seal and states "Officially Licensed Collegiate Products" and "Collegiate Licensed Product." The item is made by Kiddy Kats and marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60101435I12M. The item was purchased at High Peak Sportswear, Blacksburg VA. 47. A youth's T-shirt bearing the phrase "HOKIE® GIRL" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 04670357." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60001372YXSM. The item was purchased at High Peak Sportswear, Blacksburg VA. 48. A youth's hooded sweatshirt bearing the phrase "hokie® girl" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 18690961." The item is made by Rabbit Skins and marketed by High Peak

{00037007 DOC }

Sportswear / www.hipeak.com and bears the UPC code 60003054T2TO. The item was purchased at High Peak Sportswear, Blacksburg VA. 49. Pink shorts bearing "HOKIE®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 18689325." The item is made by SOFFE and marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60006306YLRG. The item was purchased at High Peak Sportswear, Blacksburg VA. 50. A ball cap bearing "hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 18694555." The item is made by Pacific Headwear and marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60010123AONE. The item was purchased at High Peak Sportswear, Blacksburg VA. 51. A T-shirt bearing the phrase "OLD HOKIE® CLOTHING COMPANY" and "HOKIE® DESIGN" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a seal and states "Officially Licensed Collegiate Products" and "Collegiate Licensed Product." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60001256ALRG. The item was purchased at High Peak Sportswear, Blacksburg VA. 52. A T-shirt bearing the phrase "Old Hokie® TRADEMARK" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a seal and states "Officially Licensed Collegiate Products" and "Collegiate Licensed Product." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60001258A1XL. The item was purchased at High Peak Sportswear, Blacksburg VA. 53. A metal sign bearing the phrase "HOKIE® FANS PARKING ONLY" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a logo that includes a seal and states "Collegiate Licensed Product." The item bears the UPC code 60199453NOTH. The item was purchased at High Peak Sportswear, Blacksburg VA. 54. A long-sleeved T-shirt bearing the phrase "HOKIE® HOOPS" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 18694675." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60002260A1XL. The item was purchased at High Peak Sportswear, Blacksburg VA. 55. A child's one-piece garment bearing the phrase "little hokie®" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with

{00037007 DOC }

a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 02170008." The item is marketed by Rabbit Skins and bears the UPC code # 4269. The item was purchased at Exper-T's, 1419 N. Main Street, Blacksburg VA. 56. A metal figure resembling a snowman bearing the phrase "Hokie® Country" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a hologram sticker with seal and states "Collegiate Licensed Product" and bearing the code "K62965572." The item is marketed by Hanna's Handiworks LLC, Lee's Summit, Missouri and bears the UPC code 001377. The item was purchased at Gobbler Gear, 603 College Avenue, Salem, VA. 57. A T-shirt bearing the phrases "Live the Hokie® experience...", "Kickoff at Hokie® House", and "be Hokie® proud" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 35911059." The item is marketed by myU and bears the UPC code 9888A. The item was purchased at Gobbler Gear, 603 College Avenue, Salem, VA. 58. A T-shirt bearing the phrase "HOKIE® FOOTBALL" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 33084656." The item is marketed by myU and bears the UPC code 9187A. The item was purchased at Gobbler Gear, 603 College Avenue, Salem, VA. 59. A keytag bearing the phrase "IT'S OFFICIAL, I'M A HOKIE®" illegally using the federal trademark registration symbol on an unregistered mark. Both the item's packaging and affixed sticker are marked with a seal stating "Officially Licensed Collegiate Products" and also a "Collegiate Licensed Product" logo. The item is marketed by Spirit Products, LTD., Haverhill, MA and bears the UPC code 705199111819. The item was purchased at the University Bookstore on the Virginia Tech campus. 60. A softball T-shirt bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a hologram sticker with a seal that states "Collegiate Licensed Product" and bears the code "CL93513360." The item is marketed by Champion and bears the UPC code 801779035527. The item was purchased at the University Bookstore on the Virginia Tech campus. 61. A T-shirt bearing the phrase "CHICAGO MAROON + BURNT ORANGE = HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a hologram sticker with a seal that states "Collegiate Licensed Product" and bears the code "CL105209510." The item is marketed by Champion and bears the UPC code 801779035527. The item was purchased at the University Bookstore on the Virginia Tech campus.

{00037007 DOC }

62. A T-shirt bearing the phrase "VIRGINIA TECH® HOKIE® NATION" illegally using the federal trademark registration symbol on the unregistered mark HOKIE. The item is marked with a tag that includes a seal that states "Officially Licensed Collegiate Product" and a "Collegiate Licensed Product" logo. The item is marketed by Champion and bears the UPC code 801779035831. The item was purchased at the University Bookstore on the Virginia Tech campus. 63. A T-shirt bearing the phrase "HOKIE® NATION" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a tag that includes a hologram sticker with a seal that states "Collegiate Licensed Product" and bears the code "CL100043321." The item is marketed by Champion and bears the UPC code 801779035886. The item was purchased at the University Bookstore on the Virginia Tech campus. 64. A T-shirt bearing the phrase "HOKIE® FOOTBALL" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 03211353." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60001478A1XL. The item was purchased at High Peak Sportswear, Blacksburg VA. 65. A T-shirt bearing the phrase "HOKIE® FOOTBALL" illegally using the federal trademark registration symbol on an unregistered mark. The item is marked with a hologram tag that includes a seal and states "Collegiate Licensed Product" and bearing the code "CT 03211390." The item is marketed by High Peak Sportswear / www.hipeak.com and bears the UPC code 60101478ALRG. The item was purchased at High Peak Sportswear, Blacksburg VA.

{00037007 DOC }

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark

Illegal use of the federal registration symbol with an unregistered mark