estta tracking number: estta1126334 04/12/2021
TRANSCRIPT
Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
ESTTA Tracking number: ESTTA1126334
Filing date: 04/12/2021
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 92071893
Party PlaintiffJacksonville Film Events, Inc.
CorrespondenceAddress
MARILYN S YOUNGMARK YOUNG PA1638 CAMDEN AVEJACKSONVILLE, FL 32207UNITED STATESPrimary Email: [email protected]
Submission Testimony For Plaintiff
Filer's Name Marilyn S. Young
Filer's email [email protected]
Signature /Marilyn S. Young/
Date 04/12/2021
Attachments NOR_Logoreci_Reb_Decl_JFEv.Madrid_92071893_P.pdf(3309997 bytes )
Cancellation No. 92071893 NOR - Rebuttal Declaration Page 1 of 3
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
JACKSONVILLE FILM EVENTS, INC.,a Florida corporation,
Petitioner
v.
ADAM MADRID, A United States individual,
Registrant
In the matter ofRegistration No. 5,442, 652
For the mark: LOL JAX FILM FESTIVAL
Registered on the Principal RegisterOn April 10, 2018
Cancellation No. 92071893
PETITIONER’S SEVENTH NOTICE OF RELIANCE
Petitioner, Jacksonville Film Events, Inc., (“JFE”) through its attorney and pursuant to 37
C.F.R. §2.123(a)(1) hereby submits this Seventh Notice of Reliance of the Rebuttal Declaration
of Mr. Niki Logoreci with accompanying exhibits consisting of:
Exhibit 1R – Adam Madrid Argyle Forest Films business cardExhibit 2R – June 2017 J. Rush text conversationExhibit 3R – N. Logoreci and A.Madrid text conversation December 2018Exhibit 4R – A. Madrid text conversation Ladies in Cinema trademark confusionExhibit 5R – N. Logoreci and A. Madrid meeting conversationsExhibit 6R – LOL Jax Film Festival River City Live Interview April 2021
Mr. Logoreci is the current President and Board Chair for the Petitioner whose testimony
is relevant to address certain aspects of the Registrant’s trial testimony declarations considered
either unclear and inconsistent with the Petitioner’s position on the issues of priority and use in
commerce of the Petitioner’s JACKSONVILLE FILM FESTIVAL, JAX FILM FEST and
stylized JACKSONVILLE FILM FESTIVAL trademarks (the “JFF Marks”) and the asserted
likelihood of consumer confusion with the Registrant’s LOL JAX FILM FESTIVAL trademark.
Cancellation No. 92071893 NOR - Rebuttal Declaration Page 2 of 3
Respectfully submitted,
Marilyn Young Date submittedAttorney for Petitioner April 12, 2020Florida Bar No. 64518
Mark Young, P.A.1638 Camden AveJacksonville, Florida 32207Phone: (904) 400-2636Email: [email protected]
Cancellation No. 92071893 NOR - Rebuttal Declaration Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that a true and complete copy of the foregoing PETITIONER’S SEVENTH NOTICE OF RELIANCE has been served on Lauren E. Majure, Attorney for Registrant by forwarding said copy on April 12, 2021, via email to: [email protected] and [email protected] .
Marilyn S. Young
Attorney for Petitioner April 12, 2021Florida Bar No. 64518
Mark Young, P.A.1638 Camden AveJacksonville, Florida 32207Phone: (904) 996-8234Email: [email protected]
Cancellation No. 92071893
Logoreci Rebuttal Declaration
Page 1 of 3
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
JACKSONVILLE FILM EVENTS, INC.,
a Florida corporation,
Petitioner
v.
ADAM MADRID,
A United States individual,
Registrant
In the matter of
Registration No. 5,442, 652
For the mark: LOL JAX FILM FESTIVAL
Registered on the Principal Register
On April 10, 2018
Cancellation No. 92071893
REBUTTAL DECLARATION OF NIKI LOGORECI, PRESIDENT AND
CHAIRMAN OF BOARD OF DIRECTORS FOR PETITIONER
I, Niki Logoreci, based upon my own personal knowledge, hereby declare:
1. I first met the Defendant, Adam Madrid and the Defendant’s wife, Monique Madrid in
December 2016 when the Madrid’s were introduced to me at a film event by Jared Rush as
“filmmakers” and not the owner of LOL JAX FILM FESTIVAL as indicated in the Defendant’s
evidence Declaration of Adam Madrid Par. 13 and Declaration of Jared Rush Par. 4.
2. I do not recall the LOL JAX FILM FESTIVAL ever being mentioned during my introduction
to the Defendant in December 2016 and the business card the Defendant gave me at the time
identified Argyle Forest Films as the company the Defendant was affiliated with as seen in
the attached Exhibit 1.
3. In contrast to the Defendant’s Declarations of Adam Madrid, Monique Madrid and Jared
Rush, after learning of the Defendant’s use of the JACKSONVILLE FILM FESTIVAL Marks
(the “JFF Marks”) by Defendant in June 2017, I immediately contacted the Defendant’s witness
Jared Rush and addressed the similarity of the terms of the JFF Marks and the LOL JAX FILM
FESTIVAL Mark (the “LOL Mark”) and not merely the font style. See Exhibit 2.
Cancellation No. 92071893
Logoreci Rebuttal Declaration
Page 2 of 3
4. To date, I am personally unaware of any conversations between myself and the Defendant or
any of the Defendant’s witnesses concerning the issues of similarity based solely upon the
“fonts” of the subject marks.
5. In September 2018, I sent a courtesy invitation to the Defendant and his wife to attend a
Jacksonville Film Events, Inc. (hereinafter “JFE”) event in an effort to foster communications
and in hopes of forming a working relationship to amicably resolve any issues between us.
6. In December 2018, another issue of confusion with the Defendant and the JFF Marks
occurred and I contacted the Defendant and explained the ownership of the JFF Marks by JFE
and the issue of consumer confusion of the source of the Defendant’s services with a program
being promoted by LOL JAX FILM FESTIVAL titled “Ladies in Cinema Jax Film Fest.”
See Exhibit 3.
7. Based on personal knowledge, I witnessed the Defendant acknowledging ownership of the
JFF Marks by JFE and in February 2019 admitting the issue of trademark confusion as to the
source of the services and changing the specific LOL JAX FILM FESTIVAL event title
from “Ladies in Cinema Jax Film Fest” to “Ladies in Cinema Film Fest Jax.” Exhibit 4.
8. Seeing the consumer confusion issue between the LOL Mark and the JFF Marks continue to
grow, I attempted several times in 2018-2019 to schedule a meeting with the Defendant to try to
resolve the problem but the Defendant repeatedly refused to meet with me or modify the LOL
Mark which eventually led to hiring an attorney to formally address the issue. See Exhibit 5.
9. At no time have I ever told the Defendant nor any other individual that the similarity and
consumer confusion issues concerning the LOL Mark and JFF Marks were resolved.
Cancellation No. 92071893
Logoreci Rebuttal Declaration
Page 3 of 3
10. To date, I have witnessed continued confusion among members of the local community as to
the source of the LOL Mark’s services as recent as April 1, 2021 when the Defendant
participated in a local television interview and willingly allowed the interviewer to identify the
Defendant’s services as the “LOL JACKSONVILLE FILM FESTIVAL” which incorporated the
full JFF Mark owned by JFE. The Defendant failed to state any differentiation whatsoever
between his services and those of JFE offered under the JFF Mark during the interview. See
Exhibit 6.
11. To my knowledge, Tim Driscoll identified in the Defendant’s Declaration of Adam Madrid
Par. 8 has no ownership rights whatsoever in the JFF Marks, never held an Officer or Board of
Directors position with JFE, is unable to make legally binding decisions on behalf of JFE and
whose only affiliation with JFE was a volunteer Program Director for an event held by JFE in
2020.
I declare under penalty of perjury that the foregoing is true and correct.
Date signed ________________ By:_______________________________
Niki Logoreci
4/9/2021
92071893 EXHIBIT
92071893 EXHIBIT