ESTTA Tracking number: ESTTA1118704 03/06/2021

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA1118704

Filing date: 03/06/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 91252410

Party PlaintiffKitty Bungalow - Charm School for Wayward Cats

CorrespondenceAddress

PASCALE NYBY2008 LYANS DRIVELA CANADA, CA 91011UNITED STATESPrimary Email: [email protected]

Submission Plaintiff's Notice of Reliance

Filer's Name Pascale Nyby

Filer's email [email protected]

Signature /Pascale Nyby/

Date 03/06/2021

Attachments 91252410 KITTY BUNGALOW - Opposer Notice of Reliance p 30-61 030621.pdf(2700704 bytes )

http://estta.uspto.gov

A achmen C: Le e f m A lican a ne O e a ne .

O e N ice f Reliance 19


A achmen D: Se embe 24, 2018, email be een A lican and O e B a d f Di ec




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REQUEST NUMBER TEN: Exhibit D attached hereto is a true and correct copy of an email

chain between you and Ella Tabasky ([email protected]), a member of the Board of the

Directors of Opposer, on October 14, 2018.

yes

REQUEST NUMBER ELEVEN: You did not use the mark for your own services and/or in

commerce separate from that of the Opposer between the dates of December 21, 2009 up until

the present.

No.

REQUEST NUMBER TWELVE You did use the mark for your own services or in commerce

separate from that of Opposer between the dates of December 21, 2009 up until the present.

Yes.

REQUEST NUMBER THIRTEEN: You do not intend to use the mark in commerce in the

future.

No.

REQUEST NUMBER FOURTEEN: You do intend to use the mark in commerce in the future.

Yes

REQUEST NUMBER FIFTEEN: You do not intend to use the mark in commerce in the next

year.

No

3

Opposer’s First Requests for Admission

REQUEST NUMBER SIXTEEN: You do intend to use the mark in commerce in the next year.

Yes

REQUEST NUMBER SEVENTEEN: You are currently using the mark in commerce.

Due to a global pandemic there is not a lot of activity but I am writing.

A achmen E: Oc be 14, 2018 email be een A lican and Ella Taba k .



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the plural, and reference to the plural also shall include a reference to the singular.

11. Each Interrogatory is to be answered fully based on information that is in

Applicant’s possession or control.

12. If Applicant objects that a term or phrase is vague or ambiguous, Applicant shall respond

with her understanding of the term or phrase and answer the interrogatory based on that

understanding.

13. These Interrogatories are continuing in nature and require supplementation under the

Federal Rules of Civil Procedure and TBMP.

14. Unless otherwise indicated, the relevant time period for each Interrogatory shall be 2007 to

the present. If Applicant objects to a portion of a time period covered by an Interrogatory,

Applicant shall specifically qualify the time period for which she can respond to the Request.

III. INTERROGATORIES

INTERROGATORY 1: Identify every circumstance you used the mark for the provision of any

goods and/or services, excluding all uses between December 21, 2009 and October 17, 2018 in

connection with your work at Opposer.

Kitty Bungalow Charm School for Wayward Cats was used at the earliest point in April 2008

through your date listed when the Opposer listed.

During this time the name mark was used in conjunction with all of my rescue work. I began

branding right away with the school theme and came up with the title of the Headmistress.

I spayed and neutered through the city’s voucher program and fixnation over 100 cats and

adopted out between 50-75.

INTERROGATORY 2: Identify all persons involved in your design and adoption of the mark.

Kyle Drevlo

Francis Fransiconi

Kate Slovin

INTERROGATORY 3: State the date and describe all surrounding circumstances when you first

conceived of adopting the mark.

The name was in use from 2008 for the independent rescue work I did. I came up with the name

because we had a house in West Adams near the Bungalows. The Charm School for Wayward

Cats was a nod to the British Charm Schools and the novel/musical Oliver Twist. The idea of

taking hissy street urchins and turning them into proper purring, adoptable kittens is how I came

up with the name Kitty Bungalow Charm School for Wayward Cats. I started just rescuing cats

from my own backyard, but as I was involved with the local community and the neighborhood

council program I offered my services throughout South LA. As soon as it was more cats than

the colony in my backyard, a created name, brand and vision for Kitty Bugunglow Charm School

for Wayward Cats and began using it for my solo rescue work in 2008. It was not until the end

of the year in 2009 after Best Friend’s No More Homeless Pets Conference did I decide to put

together a board and file as a non profit. I went through several logo adaptations. After I

founded the NGO we used various logos. We tried some that looked more kidergarden that

featured a bungalow, we tried to make one inspired by the pen and ink drawing of Old England.

But in the end because of the various “The Headmistress” branding I had been using since 2008,

when I was designing the website in 2011 with Kate Slovin we looked to turn use the

Headmistress into a cat as the logo through the shadow cameo. This kept the nod to the fussy

English nature of the brand and a school marm affect by giving the cat glasses.

INTERROGATORY 4: Identify each person who has personal knowledge of your use of the

mark during the Relevant Time Period.

Karyn Myers - Fix Nation

Mike Arms - Helen Woodword

Francis Batista - Best Friends Animal Society

(any conference attendee for the 2009 conference)

Jaqueline Hamilton – On First Board and stayed for years, also an early adopter of Kitty

Bungalow Charm School for Wayward Cats but prior to incorporation

Georgia Luber – On First Board

Kyle Drevlo – Husband who helped when I rescued solo.

Pat - Pat’s Purrfect Solution – Pat gave me spay neuter vouchers in the early days when I

was solo and not raising money

Sal Messina – Mittens - an early adopter of Kitty Bungalow Charm School for Wayward

Cats but prior to incorporation

Anne Marie Baker – Pumpkin - an early adopter of Kitty Bungalow Charm School for

Wayward Cats but prior to incorporation

Molly McCue – Egg - an early adopter of Kitty Bungalow Charm School for Wayward Cats

but prior to incorporation

Alexandra Gautier – Tushy - an early adopter of Kitty Bungalow Charm School for


AND



Wayward Cats but prior to incorporation

Wayne Chein – Zipper - an early adopter of Kitty Bungalow Charm School for Wayward

Cats but prior to incorporation

Irene Crinita – My boss in the entertainment industry who dealt with my side work of Kitty

Bungalow Charm School for Wayward Cats as a solo rescuer 818-843-5151

Steve Abrams – 310-422-1769

Sherri Strain – 213-505-4799

INTERROGATORY 5: State the date and describe all surrounding circumstances when you first

sold or offered to sell goods and/or services under the mark.

2008 I began adopting out socialized rescue cats for a rescue fee.

INTERROGATORY 6: Identify each state where you have used the mark, including the date of

first use and date of first sale in each state.

California

INTERROGATORY 7: Identify each type of good and/or service sold by you under the mark.

Cats. Socialization information and techniques.

3

Opposer’s First Set of Interrogatories

INTERROGATORY 8: Identify the media in or through which you advertise or promote any

goods and services under the mark and describe all such instances when you have advertised

goods and services under the mark.

During 2008 – 2009

Facebook

Local Libraries

Flyers

Craigslist

INTERROGATORY 9: Identify each person or entity who purchased or used your goods and/or

services bearing the mark, if known, and state the number of goods/services and the amount of

each sale.

All in California. All cats adopted were adopted through my independent rescue work known

as “Kitty Bungalow Charm School for Wayward Cats”. See answer in interrogatory 4 for

adopter names.

Cat Fest London – Speaker on socialization (2 years)



Blog Paws - Speaker on socialization

Various Animal Blogs

Various Podcasts

KittenToob

INTERROGATORY 10: Describe the gross revenues relating to the sales of any goods/services

in connection with your use of the mark, as well as projected gross revenues for the

goods/services to be sold.

Approx. $2500 between 2008-2009

Approx $1400 2019

Projected revenue is unknown as I am writing a book.

INTERROGATORY 11: Identify the profits that you made from the sales of the goods/services

in connection with your use of the mark, any projected profits from future use of the mark, and

the details of the method used in calculating the profits.

I am currently writing a book as the Headmistress of Kitty Bungalow Charm School for

Wayward Cats. I am well known as The Headmistress and in the animal rescue world. Profits

for such a project are unknown.

INTERROGATORY 12: Describe all expenses associated with the use of the mark.

Food, veterinary services, transportation, advertising, cat toys and supplies

INTERROGATORY 13: Identify the date and describe all circumstances surrounding your

resignation from your role as Executive Director of the Board of Directors of Opposer, your

resignation from your role as the “Headmistress” of Opposer, your resignation from any

employment with Opposer, and your resignation from the Board of Directors of Opposer.

Having been suffering with failing health due to autoimmune disease, it had always been

the plan that I would retire and leave my active duties at the Opposer but would remain on

the board to help the opposer continue to grow. I had deferred my own salary for years in

order to have the Opposer in a position where I would be able to physically be able to leave

and have the Opposers still remain standing. This included using what should have been my

salary to purchase a stand alone building. I resigned from the board on Sept 25, 20018 after

the Board of Directors broke the voted on and approved transition plan and New ED failed

to respond to my attempts to assist. The situation was too stressful for my health and I left.


AND


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AND



INTERROGATORY 14: Identify the date on which you surrendered control of the email address

“[email protected]” to Opposer’s Board of Directors.

I never surrendered control of my email [email protected]. I had agreed through a

mediator to stop using the email but the Opposers broke their side of the agreement and I have

no reason to stop using that email.

INTERROGATORY 15: Identify the date on which you surrendered control of Opposer’s

Facebook account (https://www.facebook.com/kittybungalowcharmschool) to Opposer’s Board

of Directors.

I never surrendered. The opposers locked me out of the account without notice or warning.

INTERROGATORY 16: Identify the date on which you surrendered control of Opposer’s

Instagram account (@kittybungalow) to Opposer’s Board of Directors.

I never surrendered. The opposers locked me out of the account without notice or warning.

INTERROGATORY 17: Do you contend that you used the mark consistently or at any point

whatsoever in connection with your goods and/or services from October 25, 2011 through the

present? State all facts and identify all documents that support your contention.

Yes. You can see the multitude of documents in my document file.

INTERROGATORY 18: Do you contend that you intend to use the mark at any time between

now and December 31, 2023? State all facts and identify all documents that support your

contention.

Yes, as you will see in my documents. My main goal is my book but that will need additional

cross platforming prior to release. However, as also offered to the opposers a free license for

the use of the mark for as long as they used it for the non profit mission for which I

envisioned it for, and they could do so without fee. I said I would not use actively use the

mark during that time and would regain solo control of my mark when the organization

folded.

Since that idea has been rebuked I would be using the mark to lead up to my book with social

media, and helping those in need of feral socialization help consults and tips. The book has

become more necessary since the employees of the Opossers have abandoned or did not

understand all of the specialized socialization techniques I developed over the 10 years of

working with ferals that were employed successfully at the NGO for years. The information

can be helpful to many feral, unsociable or shy cats and their owners and caretakers across the

country.

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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE

TRADEMARK TRIAL AND APPEAL BOARD

____________________________________

KITTY BUNGALOW - CHARM SCHOOL )

FOR WAYWARD CATS,

a non-profit public benefit corporation, )

Opposer

VS

SHAWN SIMONS – CREATOR OF THE IP

APPLICANT

Opposition No. 91252410

December 8, 2020

APPLICANTS INITITAL DISCLOSURES SUPPLEMENTARY DOCUMENTS part 1

These documents have been difficult to acquire since many companies and people are

still dealing with the COVID illness. These supplemental documents shall cover the

OPPOSER’s REQUEST FOR DOCUMENTS and any additional documentation required

for their INTERROGETORIES. This global pandemic has left multiple companies,

government agencies closed down or on hiatus, however, the documents hereto within

clearly show that the applicant Shawn Simons, alone created the IP name Kitty Bungalow

Charm School for Wayward Cats and put it to commerce years prior to the Opposer filing

for the Articles of Incorporation making the applicant the common law owner of the

name. The Applicant developed logo from my earlier branding along side a web designer

and did so without compensation and am the rightful owner of the TM. The Opposition

used in their documents a letter inwhich the applicant offered the Opposers a free

licensing agreement for as long as they used the TM for its true use and mission, as a

non-profit helping feral cats. They completely rebuked those efforts which can only

mean they have some other reason for trying to steal my IP and perhaps use it for their

use outside of the non-profit I founded. Or, more likely, that this is a personal vendetta

that does not belong in court and would be better served with a mediator.

Initial Disclosure #1 - Held on Fix Nation’s and Applicant’s Hard Drive

This receipt from spay neuter clinic Fix Nation shows that the name Kitty Bungalow

Charm School for Wayward Cats was already in used for commerce for cat rescue by

applicant Shawn Simons who was engaged in her own independent rescue work prior to

incorporating.

Initial Disclosure #6 from Best Friends Magazine 2011 Held in print magazine and on

Applicant’s hard drive

A direct quote from 2011 from an interview with Best Friends Magazine where Applicant

states she went into the conference as an individual, however as clarified by the

registration documents the Applicant was an individual doing rescue work under the Title

“Headmistress” for her own Organization named “Kitty Bungalow Charm School for

Wayward Cats”.

Initial Disclosure #7 - - All social media posts are held on FB Cloud Drive

These are all various social media posts on the Applicant’s personal page using the name

Kitty Bungalow Charm School for Wayward Cats in conjunction with Applicant’s

independent rescue operation and are all dated from 2008-2009 prior to the Articles of

Incorporation being filed. All individual photos without direct mention of Kitty

Bungalow Charm School for Wayward Cats can be found in Albums that you will see

with the links that the TM name is clearly mentioned.

#7 While I was rescuing cats prior to 2008, it was in that year that I created the brand

from which I would run my independent rescue work and I called it Kitty Bungalow

Charm School for Wayward Cats

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Documents

ESTTA Tracking number: ESTTA1118704 03/06/2021