Escolar Documentos
Profissional Documentos
Cultura Documentos
v.
TURBOSQUID, INC.,
Defendant.
Plaintiffs Bayerische Motoren Werke AG, BMW of North America, LLC, Rolls-Royce
Motor Cars Limited, and Rolls-Royce Motor Cars NA, LLC (collectively, Plaintiffs or the
BMW Group) seek injunctive and monetary relief from Defendant TurboSquid, Inc. for
trademark and trade dress infringement, unfair competition, design patent infringement, and
unjust enrichment. As alleged more fully below, Defendant TurboSquid, Inc. has violated the
Trademark Act of 1946 as amended, 15 U.S.C. 1051 et seq. (the Lanham Act), the Patent
Act, 35 U.S.C. 271, and New Jersey law through its marketing of 3-D virtual models of
vehicles that infringe the BMW Groups trademark, trade dress, and design patent rights.
Parties
1.
liability company with its principal place of business at 300 Chestnut Ridge Road, Woodcliff
Lake, New Jersey 07677. BMW NA is a wholly owned subsidiary of BMW (US) Holding
Corporation, a Delaware corporation, which is a wholly owned subsidiary of Bayerische
Motoren Werke AG. BMW NA is the exclusive authorized distributor of BMW automotive
and related products in the United States.
2.
under the laws of the Federal Republic of Germany with its principal place of business at
Petuelring 130, 80809 Munich, Germany. BMW AG designs and manufactures motor vehicles,
parts, and other accessories for sale in Europe and for export and sale throughout the world.
3.
Plaintiff Rolls-Royce Motor Cars Limited is a company organized under the laws
of England with its principal place of business at Summit One, Summit Avenue, Farnborough,
Hampshire GU140FB. Rolls-Royce Motor Cars Limited is a subsidiary of BMW AG and
distributes Rolls-Royce vehicles to Rolls-Royce Motor Cars NA, LLC.
4.
company with its principal place of business at 300 Chestnut Ridge Road, Woodcliff Lake, New
Jersey 07677. Rolls-Royce Motor Cars NA, LLC is an indirect, wholly owned subsidiary of
BMW AG and is responsible for the wholesale distribution of Rolls-Royce vehicles throughout
the United States.
5.
business at 935 Gravier Street, Suite 1600, New Orleans, Louisiana 70112. TurboSquid Inc. is a
digital media company that sells stock 3-D models, including models of BMW Group vehicles.
Jurisdiction and Venue
6.
This is an action arising under the patent and trademark laws of the United States,
specifically Titles 35 and 15 of the United States Code, 35 U.S.C. 271 and 15 U.S.C. 1051 et
seq.
7.
This Court has personal jurisdiction over Defendant because it conducts business
in New Jersey.
8.
deliberately directing its merchandising and sales efforts toward residents of New Jersey through
its interactive website. Indeed, Defendant specifically sold the infringing products to New Jersey
residents through its commercially interactive website.
9.
This Court has original subject matter jurisdiction over this action pursuant to the
Lanham Act, 15 U.S.C. 1051 et seq.; 35 U.S.C. 1 et seq.; and 28 U.S.C. 1331, 1332,
and 1338. This Court has supplemental jurisdiction over the New Jersey state claims pursuant to
28 U.S.C. 1367 because such claims are so related to the federal claims that they form part of
the same case or controversy and derive from a common nucleus of operative facts
10.
and belief, a substantial part of the events or omissions giving rise to the claims herein have been
occurring in this District.
The BMW Groups Trademarks
11.
and selling motor vehicles and vehicle parts and accessories, and offering promotional items
3
such as model car miniatures, under various trademarks, including the BMW word mark;
Roundel logo; M-Stripes logo; X1, X3, X4, X5, X6, Z3, and Z4 marks; MINI word mark;
MINI COOPER word mark; MINI Wings logo; S Design; PACEMAN word mark, JOHN
COOPER WORKS design; ROLLS-ROYCE word mark; Flying Lady Device; and RollsRoyce Badge (RR Badge). The above-mentioned design marks are illustrated respectively
below:
12.
BMW NA has been the exclusive licensee and authorized user of the Roundel
logo and BMW word mark in commerce in the United States continuously since at least as
early as 1949 in connection with the sale and service of motor vehicles.
13.
BMW NA has been the exclusive licensee and authorized user of the M-Stripes
logo in commerce in the United States continuously since at least as early as 1985 in connection
with the sale and service of motor vehicles.
14.
The BMW Group has used its X1 mark in commerce in the United States
continuously since at least as early as 2006 in connection with the sale and service of motor
vehicles and assorted automotive parts.
15.
The BMW Group has used its X3 mark in commerce in the United States
continuously since at least as early as 2004 in connection with the sale and service of motor
vehicles and assorted automotive parts.
16.
The BMW Group has used its X4 mark in commerce in the United States
continuously since at least as early as 2011 in connection with the sale and service of motor
vehicles.
17.
The BMW Group has used its X5 mark in commerce in the United States
continuously since at least as early as 2000 in connection with toy vehicles and other products.
18.
The BMW Group has used its X6 mark in commerce in the United States
continuously since at least as early as 2005 in connection with motor vehicles, assorted
automotive parts, and other products, including automobile miniatures and toy vehicles.
19.
The BMW Group has used its Z3 mark in commerce in the United States
continuously since at least as early as 1997 in connection with toy vehicles and other products.
20.
The BMW Group has used its Z4 mark in commerce in the United States
continuously since at least as early as 2001 in connection with the sale and service of motor
vehicles and assorted automotive parts.
21.
Plaintiffs and their predecessors- in-interest have used their MINI and MINI
COOPER marks and MINI Wings logo in commerce in the United States continuously since at
least as early as 2002 in connection with automobiles, parts and accessories therefor, and
promotional items.
22.
The BMW Group has used its S Design mark in commerce in the United States
continuously since at least as early as 2004 in connection with motor vehicles and other products,
including miniature toy vehicles.
23.
The BMW Group has used its PACEMAN mark in commerce in the United States
The BMW Group has used its JOHN COOPER WORKS Design mark in
commerce in the United States continuously since at least as early as 2005 in connection with
automobiles and parts and accessories therefor.
25.
The BMW Group and its predecessors-in-interest have used the RR Badge in
commerce in the United States continuously in connection with automobiles and chassis therefor
since 1905.
26.
The BMW Group and its predecessors-in-interest have used the ROLLS-ROYCE
mark in commerce in the United States continuously in connection with automobiles and chassis
therefor since 1906.
27.
The BMW Group and its predecessors-in-interest have used the Flying Lady
Device in United States commerce continuously in connection with automobiles since 1930.
28.
Since long prior to the acts of Defendant complained of herein, Plaintiffs have
used the BMW word mark; Roundel logo; M-Stripes logo; X1, X3, X4, X5, X6, Z3, and Z4
marks; MINI word mark; MINI COOPER word mark; MINI Wings logo; S Design;
PACEMAN mark, JOHN COOPER WORKS Design; ROLLS-ROYCE word mark; Flying
Lady Device; and RR Badge in connection with their business of manufacturing and distributing
motor vehicles and a variety of other products in the State of New Jersey.
29.
The BMW Group is the owner of the following U.S. Registrations for its BMW
word mark; Roundel logo; M-Stripes logo; X1, X3, X4, X5, X6, Z3, and Z4 marks; MINI
word mark; MINI COOPER word mark; MINI Wings logo; S Design; PACEMAN mark,
JOHN COOPER WORKS design; ROLLS-ROYCE word mark; Flying Lady Device; and RR
Badge:
Mark
Reg. No.
Reg. Date
Services/Goods
BMW
611,710
September 6, 1955
Automobiles and
motorcycles
BMW
1,164,922
BMW
1,627,241
Clothing
BMW
2,816,178
BMW
3,436,270
613,465
October 4, 1955
Automobiles, motorcycles
and parts thereof
Mark
Reg. No.
Reg. Date
Services/Goods
1,170,556
1,450,212
August 4, 1987
Automobiles, motorcycles,
parts thereof, including
wheels, wheel rims, and
watches, clocks and
various other goods and
services
2,752,258
3,418,573
4,293,991
Automobiles, motorcycles
and sports utility vehicles
and their parts
Mark
Reg. No.
Reg. Date
Services/Goods
4,366,456
Non-medicated toiletries
and perfume; metal money
boxes; cutlery; mobile
phones; interactive game
programs; computer bags;
table mats, school supply
kits, wrapping paper,
greeting cards, notebooks,
calendars, and diaries;
handbags, trunks and
suitcases; belt buckles and
hair accessories; fruit and
vegetable extracts; coffee,
tea and snack foods;
beverages
4,408,161
Car rental
4,839,001
1,438,545
August 5, 1987
Automobiles
2,683,597
February 4, 2003
Mark
Reg. No.
Reg. Date
Services/Goods
3,526,899
November 4, 2008
3,569,473
February 3, 2009
3,767,662
3,767,663
X1
3,256,739
X3
2,867,087
10
Mark
Reg. No.
Reg. Date
Services/Goods
X4
4,159,738
Automobiles
X5
2,826,976
X6
3,335,405
Z3
2,816,179
Z4
2,848,370
June 1, 2004
MINI
2,746,570
August 5, 2003
MINI
2,826,013
MINI
3,507,903
Automobiles and
automobile parts; clothing
MINI COOPER
2,376,477
2,757,755
September 2, 2003
11
Mark
Reg. No.
Reg. Date
Services/Goods
2,812,820
2,825,969
2,855,714
2,907,546
December 7, 2004
3,356,834
12
Mark
Reg. No.
Reg. Date
Services/Goods
3,445,523
3,462,517
July 8, 2008
13
Mark
Reg. No.
Reg. Date
Services/Goods
4,159,774
3,004,619
October 4, 2005
Motor vehicles
4,033,478
October 4, 2011
Automobiles
3,892,600
October 5, 2010
Parts of automobile
engines; automobiles and
structural parts therefore;
automobile bodywork
components; vehicle parts;
automobile bodywork
styling elements;
automobile interior parts;
key rings of precious
metal; photographs; printed
matter; clothing; scale
model vehicles and
structural parts therefor
ROLLS-ROYCE
325,195
ROLLS-ROYCE
912,848
June 8, 1971
ROLLS-ROYCE
3,148,743
197,089
April 7, 1925
PACEMAN
14
Mark
30.
Reg. No.
Reg. Date
Services/Goods
850,902
Automobiles
These registrations were duly and legally issued, and are valid and subsisting.
BMW AG has licensed the BMW mark; Roundel logo; M-Stripes logo; X1, X3,
X4, X5, X6, Z3, and Z4 marks; MINI word mark; MINI COOPER word mark; MINI Wings
logo; S Design; PACEMAN mark, JOHN COOPER WORKS Design and MINI Wings logo to
BMW NA for use in connection with the distribution and sale of BMW and MINI products in the
United States.
32.
mark, Flying Lady Device, and RR Badge in the United States by Rolls-Royce Motor Cars
Limited, a subsidiary of BMW AG, in connection with the distribution and sale of Rolls-Royce
products.
33.
The BMW Group distributes BMW, MINI, and Rolls-Royce vehicles and
provides maintenance services for its customers through nationwide networks of authorized
dealers and service providers. The BMW Group authorizes its BMW dealerships to use the
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BMW mark; Roundel logo; M-Stripes logo; and X1, X3, X4, X5, X6, Z3, and Z4 marks; its
MINI dealerships to use the MINI mark, MINI COOPER mark, MINI Wings logo, S
Design, PACEMAN mark, JOHN COOPER WORKS Design, and MINI Wings logo; and its
Rolls-Royce dealerships to use the ROLLS-ROYCE mark, Flying Lady Device, and RR Badge
in connection with the sale and/or service of BMW Group products.
34.
To create and maintain goodwill among its customers, the BMW Group has taken
substantial steps to assure that all authorized BMW Group dealers and service providers using its
marks are of the highest quality.
35.
country in connection with their BMW mark; Roundel logo; M-Stripes logo; X1, X3, X4, X5,
X6, Z3, and Z4 marks; MINI mark; MINI COOPER mark; MINI Wings logo; S Design;
PACEMAN mark; JOHN COOPER WORKS Design; MINI Wings logo; ROLLS-ROYCE
mark; Flying Lady Device; and RR Badge. As a result of Plaintiffs long use and promotion of
these marks, and immense sales over the course of decades, Plaintiffs have established these
marks as famous and/or well-known and distinctive marks among members of the American
public.
The BMW Groups Trade Dress
36.
manufacturing, promoting, marketing, advertising, distributing and selling its products, and has
built a valuable business based on demand for its distinctively-styled products.
37.
The BMW Group owns substantial and strong common law rights in the trade
dress for its products, and is also the owner of the following registrations for its trade dress:
16
Mark
38.
Reg. No.
Reg. Date
Services/Goods
3,431,482
3,431,491
3,431,492
3,431,493
3,352,085
1,063,799
Automobiles
Copies of the BMW Groups registrations for its trade dress are attached hereto as
Exhibit B.
17
39.
Prior to Defendants use, the BMW Group has used the trade dress above for
motor vehicles and miniatures, including 3-D models for toys, computer games, and a variety of
other commercial applications.
The BMW Groups Design Patents
40.
BMW AG is the owner of various valid and lawfully issued United States Design
Patents, including patent nos. D473,165; D639,209; D664,896; D714,190; D714,687; and
D724,495.
42.
The BMW Group uses its trademarks and patented designs on miniatures, and
licenses its trademarks and patented designs for use in 3-D virtual models for computer games,
toys and a variety of other commercial applications.
Defendants Wrongful Activities
43.
Defendant is marketing 3-D virtual models of vehicles that infringe the BMW
Defendant is using the BMW Groups trademarks and trade dress with the intent
that consumers, including but not limited to downstream customers and end user consumers,
believe the models offered in connection with the BMW Groups trademarks and trade dress are
from, or are affiliated, associated, sponsored or approved by the BMW Group.
18
46.
designs with the intent that ordinary observers view them as substantially similar, if not identical,
to the BMW Groups patented designs.
47.
48.
Defendant is marketing copies of the BMW Groups trademarks, trade dress and
patented designs through the same channels of trade and advertised through the same media as
the BMW Group trademarks, trade dress and patented designs are licensed or otherwise used,
including computer games, toys and other applications.
49.
Targets of Defendants efforts to market and sell these models are the same as or
similar to targets of the BMW Groups sales and licensing effortsincluding creators of
computer games, toys and other applications.
50.
The BMW Group has sent Defendant three letters requesting that it cease and
desist its unauthorized use of identical copies of the BMW Groups trademarks, trade dress, and
patented designs.
51.
In response to one of the BMW Groups letters dated September 14, 2015
providing detailed information as to infringements, Defendant stated that it had changed the
BMW product descriptions and warned persons who were using the BMW Group trademarks,
trade dress or patented designs on Defendants website.
52.
As of the filing of this Complaint, however, Defendant is still using the BMW
Groups trademarks, trade dress, and patented designs in connection with its business.
53.
Among its unauthorized uses, Defendant has resumed its commercial use of
BMW Group trademarks, trade dress and patented designs that Defendant had claimed in
response to BMW Groups September 14, 2015 letter to have changed.
19
54.
Defendant is not affiliated with or sponsored by the BMW Group and has never
been authorized by the BMW Group or any of its subsidiaries, affiliates or authorized agents to
use the BMW Group trademarks, trade dress, or patented designs in any form.
55.
Defendants unauthorized use of the BMW Groups trademarks, trade dress, and
enables Defendant to trade off and receive the benefit of goodwill the
BMW Group has built up at great labor and expense over many years, and to gain
acceptance for Defendants products not solely on their own merits, but on the reputation
and goodwill of the BMW Group, its trademarks, trade dress, and its products;
(c)
(d)
unlawfully removes from the BMW Group the ability to control the nature
and quality of products provided under its trademarks, trade dress, and design patents,
and places the goodwill and valuable reputation of the BMW Group in the hands of
Defendant, over whom the BMW Group has no control.
56.
The BMW Group has been damaged and continues to be damaged by Defendants
unauthorized use of its trademarks, trade dress, and patented designs in the manner described
above.
20
57.
Unless these acts of Defendant are restrained by this Court, they will continue to
cause irreparable injury to the BMW Group and to the public for which there is no adequate
remedy at law.
FIRST COUNT
Federal Trademark Infringement
(Lanham Act 32, 15 U.S.C. 1114(1))
58.
The BMW Group re-alleges and incorporates the allegations set forth in
Defendants unauthorized use of the BMW Groups trademarks and trade dress in
connection with identical goods is likely to cause confusion, to cause mistake or to deceive as to
the source, origin, sponsorship or affiliation of Defendants goods, and is likely to cause
consumers to believe, contrary to fact, that Defendants goods originate from, or have been
authorized, sponsored, approved, endorsed, or licensed by the BMW Group, or that Defendant is
in some way affiliated with or sponsored by the BMW Group.
60.
intentional, with full knowledge and in conscious disregard of the BMW Groups rights in its
trademarks and trade dress and with intent to trade off the BMW Groups vast goodwill in its
trademarks and trade dress.
62.
unjustly enriched and the BMW Group has been injured and damaged. Unless the foregoing
21
alleged actions of Defendant is enjoined, the BMW Group will continue to suffer injury and
damage.
SECOND COUNT
Federal Unfair Competition and False Designation of Origin
(Lanham Act 43(a), 15 U.S.C. 1125(a))
63.
The BMW Group re-alleges and incorporates the allegations set forth in
Defendants unauthorized use of the BMW Groups trademarks and trade dress
falsely indicates that Defendant and its goods are connected with, sponsored by, affiliated with or
related to the BMW Group.
65.
Defendants unauthorized use of the BMW Groups trademarks and trade dress in
connection with their goods allows Defendant to receive the benefit of the BMW Groups
goodwill, which the BMW Group has established at great labor and expense, and further allows
Defendant to gain acceptance of their goods, based not on their own qualities, but on the
reputation and goodwill of the BMW Group.
66.
trademark and trade dress infringement, and false designation of origin in violation of Section
43(a) of the Lanham Act, 15 U.S.C. 1125(a).
68.
intentional, with full knowledge and in conscious disregard of the BMW Groups rights in its
trademarks and trade dress and with intent to trade off the BMW Groups vast goodwill in its
trademarks and trade dress.
22
69.
unjustly enriched and the BMW Group has been injured and damaged. Unless the foregoing
alleged actions of Defendant are enjoined, the BMW Group will continue to suffer injury and
damage.
THIRD COUNT
Contributory Trademark Infringement
(Lanham Act 32, 15 U.S.C. 1114(1))
70.
The BMW Group re-alleges and incorporates the allegations set forth in
The BMW Group has sent Defendant three letters including BMW Groups
letter of September 14, 2015--providing specific notice of BMW Groups rights and Defendants
infringements, and requesting that it cease and desist its unauthorized use of identical copies of
the BMW Groups trademarks and trade dress.
72.
In response to BMW Groups September 14, 2015 letter, Defendant wrote that it
has changed the BMW product descriptions and warned persons who were using BMW
trademarks, trade dress or patented designs on Defendants website. Yet, Defendant still allowed
infringing listings to remain posted.
73.
74.
copies of the BMW Groups trademarks and trade dressincluding copies which BMW Group
previously identified to Defendant as infringements and which Defendant had stated it would
change and warn against.
75.
including customers John Doe 1, 2, and additional unknown others whom Plaintiffs reserve the
right to move to amend this pleading to add as parties to this case, subject to identifying same
23
during pretrial discovery proceedings, whom it knows or has reason to know is engaging in
trademark infringement of BMW Groups trademarks and trade dress, and/or has induced others
to infringe BMW Groups trademarks and trade dress. Defendant has failed to take reasonable
precautions against the infringing conduct of others, especially where it has control over
infringement of BMW Groups trademarks and trade dress.
76.
77.
licensing revenues and removing BMWs trademarks and trade dress from its control.
78.
79.
intentional, with full knowledge and in conscious disregard of the BMW Groups rights in its
trademarks and trade dress and with intent to trade off the BMW Groups vast goodwill in its
trademarks and trade dress.
80.
unjustly enriched and the BMW Group has been injured and damaged. Unless the foregoing
alleged actions of Defendant are enjoined, the BMW Group will continue to suffer injury and
damage.
FOURTH COUNT
Unfair Competition
(New Jersey Unfair Competition Act, N.J.S.A. 56:4-1 et seq.)
81.
The BMW Group re-alleges and incorporates the allegations set forth in
violation of the New Jersey Unfair Competition Act, N.J.S.A. 56:4-1 et seq., as Defendant has
misappropriated the BMW Groups trademarks, trade dress, and patented designs for its own use.
24
83.
unjustly enriched and the BMW Group has been injured and damaged. Unless the foregoing
alleged actions of Defendant are enjoined, the BMW Group will continue to suffer injury and
damage.
FIFTH COUNT
Trademark Infringement and Unfair Competition
(Common Law of New Jersey)
84.
The BMW Group re-alleges and incorporates the allegations set forth in
described above has caused, is causing and, unless enjoined by this Court, will continue to cause
confusion and mistake in the marketplace and deception of the trade and public as to the
relationship or affiliation of the parties and the source, origin, or sponsorship of their respective
products and services.
87.
Defendant, with full knowledge of the BMW Groups rights in its trademarks and
trade dress, and of the valuable goodwill associated therewith, has committed the acts alleged
herein willfully, with the intent to trade off, or in complete disregard of, the BMW Groups
goodwill and the goodwill associated with the BMW Groups trademarks and trade dress.
88.
The acts of Defendant complained of herein constitute trademark and trade dress
described above has impaired, is impairing and, unless enjoined by this Court, will continue to
impair the BMW Groups reputation under its trademarks and trade dress and has caused, is
25
causing and, unless enjoined by this Court, will continue to cause injury and damage to the
BMW Group for which the BMW Group is entitled to relief under the common law.
90.
intentional, with full knowledge and in conscious disregard of the BMW Groups rights in its
trademarks and trade dress and with intent to trade off the BMW Groups vast goodwill in its
trademarks and trade dress.
SIXTH COUNT
Unjust Enrichment
(Common Law of New Jersey)
91.
The BMW Group re-alleges and incorporates the allegations set forth in
Defendant because Defendant is making use of, and profiting from, Plaintiffs proprietary
trademarks, trade dress, and patented designs without permission from Plaintiffs.
93.
unjustly enriched and the BMW Group has been injured and damaged. Unless the foregoing
alleged actions of Defendant are enjoined, the BMW Group will continue to suffer injury and
damage.
SEVENTH COUNT
(Design Patent Infringement of U.S. Design Patent No. D473,165
under 35 U.S.C. 271)
94.
The BMW Group re-alleges and incorporates the allegations set forth in
BMW AG owns all right, title and interest to the D473,165 patent. A copy of
BMW AGs registration for this patent is attached hereto as Exhibit C-1.
26
96.
Defendant uses, sells, offers for sale and/or import into the United States for
subsequent sale or use products that infringe directly and/or indirectly the ornamental design
claimed in the 165 patent. A list of links to infringing products is attached hereto as Exhibit C2.
97.
The products linked in Exhibit C-2 use substantially the same design claimed in
Defendant has deliberately copied and/or reproduced the designs claimed in the
165 patent.
99.
Defendant has infringed the 165 patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Defendants wrongful conduct has caused
BMW AG to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude
others from making, using, selling, offering for sale and importing the patented invention. BMW
AG is entitled to injunctive relief pursuant to 35 U.S.C. 283.
100.
The BMW Group re-alleges and incorporates the allegations set forth in
BMW AG owns all right, title and interest to the D639,209 patent. A copy of
BMW AGs registration for this patent is attached hereto as Exhibit D-1.
103.
Defendant uses, sells, offers for sale and/or import into the United States for
subsequent sale or use products that infringe directly and/or indirectly the ornamental design
27
claimed in the 209 patent. A list of links to infringing products is attached hereto as Exhibit D2.
104.
The products linked in Exhibit D-2 use substantially the same design claimed in
Defendant has deliberately copied and/or reproduced the designs claimed in the
209 patent.
106.
Defendant has infringed the 209 patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Defendants wrongful conduct has caused
BMW AG to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude
others from making, using, selling, offering for sale and importing the patented invention. BMW
AG is entitled to injunctive relief pursuant to 35 U.S.C. 283.
107.
The BMW Group re-alleges and incorporates the allegations set forth in
BMW AG owns all right, title and interest to the D664,896 patent. A copy of
BMW AGs registration for this patent is attached hereto as Exhibit E-1.
110.
Defendant uses, sells, offers for sale and/or import into the United States for
subsequent sale or use products that infringe directly and/or indirectly the ornamental design
claimed in the 896 patent. A list of links to infringing products is attached hereto as Exhibit E2.
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111.
The products linked in Exhibit E-2 use substantially the same design claimed in
Defendant has deliberately copied and/or reproduced the designs claimed in the
896 patent.
113.
Defendant has infringed the 896 patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Defendants wrongful conduct has caused
BMW AG to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude
others from making, using, selling, offering for sale and importing the patented invention. BMW
AG is entitled to injunctive relief pursuant to 35 U.S.C. 283.
114.
The BMW Group re-alleges and incorporates the allegations set forth in
BMW AG owns all right, title and interest to the D714,190 patent. A copy of
BMW AGs registration for this patent is attached hereto as Exhibit F-1.
117.
Defendant uses, sells, offers for sale and/or import into the United States for
subsequent sale or use products that infringe directly and/or indirectly the ornamental design
claimed in the 190 patent. A list of links to infringing products is attached hereto as Exhibit F2.
118.
The products linked in Exhibit F-2 use substantially the same design claimed in
119.
Defendant has deliberately copied and/or reproduced the designs claimed in the
190 patent.
120.
Defendant has infringed the 190 patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Defendants wrongful conduct has caused
BMW AG to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude
others from making, using, selling, offering for sale and importing the patented invention. BMW
AG is entitled to injunctive relief pursuant to 35 U.S.C. 283.
121.
The BMW Group re-alleges and incorporates the allegations set forth in
BMW AG owns all right, title and interest to the D714,687 patent. A copy of
BMW AGs registration for this patent is attached hereto as Exhibit G-1.
124.
Defendant uses, sells, offers for sale and/or import into the United States for
subsequent sale or use products that infringe directly and/or indirectly the ornamental design
claimed in the 687 patent. A list of links to infringing products is attached hereto as Exhibit G2.
125.
The products linked in Exhibit G-2 use substantially the same design claimed in
Defendant has deliberately copied and/or reproduced the designs claimed in the
687 patent.
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127.
Defendant has infringed the 687 patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Defendants wrongful conduct has caused
BMW AG to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude
others from making, using, selling, offering for sale and importing the patented invention. BMW
AG is entitled to injunctive relief pursuant to 35 U.S.C. 283.
128.
The BMW Group re-alleges and incorporates the allegations set forth in
BMW AG owns all right, title and interest to the D724,495 patent. A copy of
BMW AGs registration for this patent is attached hereto as Exhibit H-1.
131.
Defendant uses, sells, offers for sale and/or import into the United States for
subsequent sale or use products that infringe directly and/or indirectly the ornamental design
claimed in the 495 patent. A list of links to infringing products is attached hereto as Exhibit H2.
132.
The products linked in Exhibit H-2 use substantially the same design claimed in
Defendant has deliberately copied and/or reproduced the designs claimed in the
495 patent.
134.
Defendant has infringed the 495 patent through the aforesaid acts, and will
continue to do so unless enjoined by this Court. Defendants wrongful conduct has caused
31
BMW AG to suffer irreparable harm resulting from the loss of its lawful patent rights to exclude
others from making, using, selling, offering for sale and importing the patented invention. BMW
AG is entitled to injunctive relief pursuant to 35 U.S.C. 283.
135.
2.
servants, employees, attorneys, successors, and all others in active concert or participation with
any of them, be enjoined and restrained, during the pendency of this action, and permanently
thereafter, from:
(a)
(b)
using the BMW Group trade dress, or any similar trade dress;
(c)
(d)
doing any other act or thing likely to confuse, mislead, or deceive others
into believing that Defendant, or its products, emanate from, or are
connected with, sponsored by or approved by the BMW Group; and
(e)
32
3.
activities and that such profits be paid over to the BMW Group and increased as the Court finds
to be just under the circumstances of this case.
4.
(b)
5.
The BMW Groups reasonable attorneys fees and costs of this action.
Ordering full restitution and/or disgorgement of all profits and benefits that may
have been obtained by Defendant as a result of its wrongful conduct pursuant to 35 U.S.C. 289
and 15 U.S.C. 1117.
6.
U.S.C. 1118, be required to deliver the BMW Group for destruction all labels, signs, prints,
packages, bottles, receptacles, containers, and advertisements in Defendants possession or
control bearing the BMW Groups trademarks or trade dress.
7.
Defendant, in accordance with Section 34(a) of the United States Trademark Act,
15 U.S.C. 1116(a), be required to file with the Court, and serve upon the BMW Group, within
thirty (30) days after the entry and service on Defendant of an injunction, a report in writing and
under oath, setting forth in detail the manner and form in which Defendant has complied with the
terms of such injunction.
8.
The BMW Group recover such other relief as the Court may deem appropriate.
33
Respectfully submitted,
SAIBER LLC
Attorneys for Plaintiffs
_/s Arnold B. Calmann______________________
Arnold B. Calmann (abc@saiber.com)
Jakob B. Halpern (jbh@saiber.com)
One Gateway Center, Suite 1000
Newark, N.J. 07102
Telephone: (973) 622-3333
Facsimile: (973) 622-3349
John G. Froemming (jfroemming@jonesday.com)
Tracy A. Stitt (tastitt@jonesday.com)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
34
SAIBER LLC
Attorneys for Plaintiffs
s/ Arnold B. Calmann___________________
Arnold B. Calmann (abc@saiber.com)
Jakob B. Halpern (jbh@saiber.com)
One Gateway Center, Suite 1000
Newark, NJ 07102
Telephone: (973) 622-3333
Facsimile: (973) 622-3349
John G. Froemming (jfroemming@jonesday.com)
Tracy A. Stitt (tastitt@jonesday.com)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
35
SAIBER LLC
Attorneys for Plaintiffs
s/ Arnold B. Calmann___________________
Arnold B. Calmann (abc@saiber.com)
Jakob B. Halpern (jbh@saiber.com)
One Gateway Center, Suite 1000
Newark, NJ 07102
Telephone: (973) 622-3333
Facsimile: (973) 622-3349
John G. Froemming (jfroemming@jonesday.com)
Tracy A. Stitt (tastitt@jonesday.com)
JONES DAY
51 Louisiana Avenue, N.W.
Washington, D.C. 20001-2113
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
36
EXHIBIT A
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Word Mark
BMW
Goods and IC 012. US 019. G & S: AUTOMOBILES, MOTOR CYCLES [ , SIDE CARS
FOR MOTOR CYCLES, MOTOR DRIVEN
Services
TRICYCLES FOR TRANSPORTING PASSENGERS,
MOTOR DRIVEN TRICYCLES FOR TRANSPORTING GOODS ].
FIRST USE: 19171005.
FIRST USE IN COMMERCE: 19490200
Mark
Drawing
Code
Serial
Number
71662350
Filing Date
Current
Basis
1A
Original
Filing
Basis
1A
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
0611710
Number
Registration
September 6, 1955
Date
Owner
Attorney of
Aimee Gessner
Record
Type of
Mark
TRADEMARK
Register
PRINCIPAL
Affidavit
Text
Renewal
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Indicator
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Word Mark
BMW
Goods and
Services
Mark Drawing
Code
Serial Number
73205394
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Registration
Number
1164922
Registration
Date
Owner
Attorney of
Record
Aimee Gessner
Prior
Registrations
0611710;0613465
Type of Mark
SERVICE MARK
Register
PRINCIPAL
Affidavit Text
Renewal
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Word Mark
BMW
Goods and
Services
Mark
Drawing
Code
Serial
Number
73823807
Filing Date
September 6, 1989
Current
Basis
1A
Original
1A
Filing Basis
Published for
September 18, 1990
Opposition
Registration
1627241
Number
Registration
December 11, 1990
Date
Owner
Attorney of
Record
Prior
0611710;0613465;1164922;1170556;1450212
Registrations
Type of Mark TRADEMARK
Register
PRINCIPAL
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Word Mark
BMW
Goods and
Services
Serial
Number
76410763
Filing Date
Current
Basis
44E
Original
1B;44E
Filing Basis
Published for
December 2, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2816178
Number
Registration
February 24, 2004
Date
(REGISTRANT) Bayerische Motoren Werke Aktiengesellschaft
CORPORATION FED REP GERMANY Petuelring 130
80809 Muenchen FED REP
GERMANY
Owner
Attorney of
Record
Aimee Gessner
Prior
0611710;0613465;1164922;1170556;1450212;1494126;1627241;AND OTHERS
Registrations
Description
of Mark
PRINCIPAL
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Word Mark
BMW
Goods and
Services
Standard
Characters
Claimed
Mark Drawing
Code
Trademark Search
Facility
LETTER-3-OR-MORE BMW Combination of three or more letters as part
of the mark
Classification
SHAPES-MISC Miscellaneous shaped designs
Code
Serial Number
79035622
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Registration
Number
3436270
International
Registration
Number
0663925
0611710;3226368
Description of
Mark
Type of Mark
SERVICE MARK
Register
PRINCIPAL
Affidavit Text
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Word Mark
BMW
Goods and IC 012. US 019. G & S: AUTOMOBILES, MOTOR CYCLES, [ SIDE CARS
FOR MOTOR CYCLES, MOTOR DRIVEN
Services
TRICYCLES FOR TRANSPORTING PASSENGERS,
AND MOTOR DRIVEN TRICYCLES FOR TRANSPORTING
GOODS, ] AND PARTS THEREOF.
FIRST USE: 19171005. FIRST USE IN COMMERCE: 19490200
Mark
Drawing
Code
Design
Search
Code
Serial
Number
71662351
Filing Date
Current
Basis
1A
Original
Filing
Basis
1A
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
0613465
Number
Registration
October 4, 1955
Date
Owner
Attorney of
Aimee Gessner
Record
Type of
TRADEMARK
PRINCIPAL
Affidavit
Text
Renewal
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Word Mark
BMW
Goods and
Services
Mark
Drawing
Code
Design
24.05.01 - Circular or elliptical seals; Seals, circular or
elliptical
Search Code 26.01.11 - Circles comprised of animals; Circles comprised of
geometric figures; Circles comprised of humans; Circles
comprised of
letters or numerals; Circles comprised of plants; Circles comprised of
punctuation; Letters, numerals,
punctuation, geometric figures, objects,
humans, plants or animals comprising a circle
26.05.13 - Triangles, exactly two triangles; Two triangles
26.05.16 - Triangles touching or intersecting
26.05.21 - Triangles that are completely or partially shaded
Serial
Number
73205383
Filing Date
Current
Basis
1A
Original
1A
Filing Basis
Published for
June 30, 1981
Opposition
Registration
1170556
Number
Registration
September 22, 1981
Date
Owner
Aimee Gessner
Prior
0611710;0613465
Registrations
Description
of Mark
PRINCIPAL
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Word Mark
BMW
Goods and IC 001. US 001 005 006 010 026 046. G & S: INDUSTRIAL CHEMICALS,
[ FIRE EXTINGUISHING COMPOSITIONS;
Services
TEMPERING AND SOLDERING PREPARATIONS;
INDUSTRIAL ADHESIVES; ALL ] FOR USE IN THE AUTOMOTIVE
INDUSTRY
IC 002. US 006 014 016. G & S: PAINTS; [ VARNISHES; LACQUERS;
PRESERVATIVES AGAINST RUST AND
AGAINST DETERIORATION OF WOOD; DYES;
MORDANTS FOR WOOD; COLORING MORDANTS FOR LEATHER;
METALS IN FOIL AND
POWDER FORM FOR PAINTERS, DECORATORS, PRINTERS AND ARTISTS; ALL ] FOR
USE
IN THE AUTOMOTIVE INDUSTRY
IC 003. US 051 052. G & S: [ BLEACHING PREPARATIONS AND OTHER
LAUNDRY SUBSTANCES; ] CLEANING,
POLISHING, SCOURING AND ABRASIVE
PREPARATIONS; SOAPS [ ; PERFUMERY; ESSENTIAL OILS;
COSMETICS; HAIR
LOTIONS ]
IC 004. US 015. G & S: [ INDUSTRIAL OILS AND GREASES; ]
LUBRICANTS; [ DUST-ABSORBING, WETTING AND
BINDING COMPOSITIONS; SOLID,
LIQUID AND GASEOUS FUELS (INCLUDING MOTOR SPIRIT); ILLUMINANTS;
CANDLES;
WICKS; ALL ] FOR USE IN THE AUTOMOTIVE INDUSTRY
IC 005. US 018. G & S: [ FULL LINE OF PHARMACEUTICAL, VETERINARY
AND SANITARY PREPARATIONS;
PLASTERS, MATERIALS FOR DRESSINGS; ]
FIRST-AID KITS [ ; FIRST-AID CUSHIONS; DISINFECTANTS ]
IC 006. US 002 012 015 025. G & S: [ CONSTRUCTION MATERIALS OF
METAL; TRANSPORTABLE BUILDINGS OF
METAL; NON-ELECTRIC CABLES AND WIRES
OF COMMON METAL; IRONMONGERY; ] SMALL ITEMS OF METAL
HARDWARE; [ PIPES
AND TUBES OF METAL; SAFES; ] GOODS OF COMMON METAL, NAMELY, [ CASH
BOXES,
TOOL BOXES, ] IDENTIFICATION PLATES AND REINFORCEMENTS THEREFOR;
TRANSPORT CONTAINERS AND
TANKS; ALL FOR USE IN THE AUTOMOTIVE INDUSTRY
IC 007. US 021 023 035. G & S: [ METAL-, WOOD-, PLASTICS-WORKING
MACHINES; ] MACHINES FOR THE
AUTOMOTIVE INDUSTRY; [ TIRE MOUNTING
MACHINES; FOUNDRY MACHINES; LIFTING APPARATUS; CRANES;
VARNISHING
MACHINES; POLISHING MACHINES (OTHER THAN FOR HOUSEHOLD PURPOSES);
PRESSES
(MACHINES); SHARPENING MACHINES; WELDING MACHINES; GENERATING
UNITS CONSISTING OF INTERNAL
COMBUSTION ENGINES AND ELECTRIC GENERATORS;
ELECTRIC GENERATORS; WASHING MACHINES AND
PARTS THEREOF; MACHINE TOOLS
AND THEIR PARTS; ENGINES (EXCEPT FOR LAND VEHICLES) AND PARTS
THEREOF; ]
IGNITION DEVICES FOR INTERNAL COMBUSTION ENGINES AND PARTS THEREOF;
Serial
Number
73487543
Filing Date
Current
Basis
44E
Original
Filing
Basis
44D
Published
for
May 12, 1987
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
1450212
Number
Registration
August 4, 1987
Date
Owner
Priority
Date
Type of
Mark
Register
PRINCIPAL
Affidavit
Text
Renewal
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Word Mark
B M W
Goods and
Services
IC 003. US 001 004 006 050 051 052. G & S: Cleaning preparations
for use in the automotive field; polish, namely, [
chrome,] automobile
polish; car care products, namely, interior cleaner, wheel cleaner, car
shampoo, leather care, [
rubber care ] and car wax
IC 004. US 001 006 015. G & S: Engine oils
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key rings;
[ metal money clips ]
IC 007. US 013 019 021 023 031 034 035. G & S: Vehicle parts,
namely, engine covers
IC 009. US 021 023 026 036 038. G & S: [ Compact disc players;
cellular phones and parts thereof; mouse pads; ] global
positioning
systems consisting primarily of computers, computer software,
transmitters, receivers and network interface
devices; [
odometer/tachometer displays ]
(CANCELLED) IC 011. US 013 021 023 031 034. G & S: [ Spot lamps;
map lights; lights for vehicles ]
IC 012. US 019 021 023 031 035 044. G & S: Wheel stud locks;
valve stem caps; bicycles; [ bicycles stands for
stationary training;
bicycle bags, namely, bags made to fit bicycles; bulk hauling trailers;
] trailer hitch kits
IC 014. US 002 027 028 050. G & S: Watches; [ clocks ]
IC 016. US 002 005 022 023 029 037 038 050. G & S: Pens
IC 018. US 001 002 003 022 041. G & S: Backpacks; carry-all
bags; duffel bags; [ fanny packs ]
(CANCELLED) IC 020. US 002 013 022 025 032 050. G & S: [
Non-metal key rings ]
IC 021. US 002 013 023 029 030 033 040 050. G & S: Cups
IC 025. US 022 039. G & S: [ Gloves; dresses; ] shirts; scarves;
sweatshirts; [ ties; ] wind resistant jackets
IC 028. US 022 023 038 050. G & S: Golf bags; golf balls; [
snowboards; skateboards; ] toy motorcycles; miniature toy
vehicles
Mark
Design
26.01.20 - Circles within a circle
Search Code 26.01.21 - Circles that are totally or partially shaded.
26.05.16 - Triangles touching or intersecting
26.05.25 - Triangles with one or more curved sides
Serial
Number
76410806
Filing Date
Current
Basis
44E
Original
1B;44E
Filing Basis
Published for
June 24, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2752258
Number
Registration
August 19, 2003
Date
Owner
Attorney of
Record
Aimee Gessner
Prior
0611710;0613465;1164922;1170556;1450212;1494126;1627241;AND OTHERS
Registrations
Type of Mark TRADEMARK
Register
PRINCIPAL
Affidavit Text SECT 15. PARTIAL SECT 8 (6-YR). PARTIAL SECTION 8(10-YR)
20130807.
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BMW
Goods and
Services
Mark Drawing
Code
Design Search
Code
Trademark Search
LETTER-3-OR-MORE BMW Combination of three or more letters as part
of the mark
Facility
SHAPES-CIRCLE Circle figures or designs including semi-circles and
incomplete circles
Classification
SHAPES-TRIANGLES Triangular shaped designs and marks including
incomplete triangles
Code
Serial Number
79035619
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Registration
Number
3418573
0673219
Prior
Registrations
0611710;3226368;AND OTHERS
Description of
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Type of Mark
SERVICE MARK
Register
PRINCIPAL
Affidavit Text
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Goods and
Services
Mark
Drawing
Code
Design
26.01.21 - Circles that are totally or partially shaded.
Search Code 26.05.02 - Plain single line triangles; Triangles, plain single
line
26.05.15 - Four or more triangles; Triangles - four or more
26.05.16 - Triangles touching or intersecting
26.05.21 - Triangles that are completely or partially shaded
Serial
Number
79110853
Filing Date
Current
Basis
66A
Original
66A
Filing Basis
Published for
December 11, 2012
Opposition
Registration
4293991
Number
International
Registration 0955419
Number
Registration
February 26, 2013
Date
Prior
1170556;1450212;2752258;AND OTHERS
Registrations
Description
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PRINCIPAL
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B M W
Goods and
Services
Mark
Design
26.01.18 - Circles, three or more concentric; Concentric circles,
three or more; Three or more concentric circles
Search Code 26.01.21 - Circles that are totally or partially shaded.
26.05.13 - Triangles, exactly two triangles; Two triangles
26.05.21 - Triangles that are completely or partially shaded
Serial
Number
79116566
Filing Date
Current
Basis
66A
Original
66A
Filing Basis
Published for
April 30, 2013
Opposition
Registration
4366456
Number
International
Registration 1125742
Number
Registration
July 16, 2013
Date
Owner
PRINCIPAL
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BMW
Goods and
Services
Mark Drawing
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Code
Design Search 26.01.20 - Circles within a circle
Code
26.01.21 - Circles that are totally or partially shaded.
26.11.14 - Rectangles (three or more rectangles); Three or more
rectangles
26.11.21 - Rectangles that are completely or partially shaded
Serial Number 85655064
Filing Date
Current Basis 1A
Original Filing
1B
Basis
Published for
Opposition
Registration
Number
4408161
Registration
Date
Owner
Attorney of
Record
Prior
1450212;3418573;3436270;AND OTHERS
Registrations
Description of Color is not claimed as a feature of the mark. The mark consists
of a black circle stating the literal element "BMW" in
Mark
white colour and
an inner circle which is divided by four rectangles in black and white.
Type of Mark
SERVICE MARK
PRINCIPAL
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Indicator
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Services
Mark
Drawing
Code
Design
Search
Code
Serial
Number
79162704
Filing Date
Current
Basis
66A
Original
66A
Filing Basis
Published
for
Opposition
Registration
4839001
Number
International
Registration 1241163
Number
Registration
October 27, 2015
Date
Owner
SERVICE MARK
Register
PRINCIPAL
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Goods and
Services
Mark Drawing
Code
Current Basis
1A;44D
Original Filing
Basis
1A;44D
Published for
Opposition
Registration
Number
1438545
Registration
Date
May 5, 1987
Owner
Description of
Mark
THE DRAWING IS LINED TO INDICATE THE COLORS BLUE, VIOLET AND RED.
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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Goods and
Services
IC 012. US 019 021 023 031 035 044. G & S: Valve stem caps;
license plate frames, gear shift knobs. FIRST USE:
19940000. FIRST USE
IN COMMERCE: 19940000
IC 025. US 022 039. G & S: headwear; [ pullovers; sweaters;
shorts; turtlenecks ]. FIRST USE: 19940000. FIRST
USE IN COMMERCE:
19940000
IC 027. US 019 020 037 042 050. G & S: floor mats; trunk mats.
FIRST USE: 19940000. FIRST USE IN
COMMERCE: 19940000
Mark Drawing
Code
Design Search
Code
Serial Number
76410758
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Registration
Number
2683597
Attorney of
Record
Aimee Gessner
Prior
Registrations
1438545;2381292
The mark is lined to indicate the colors blue, violet and red.
Type of Mark
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Register
PRINCIPAL
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Goods and
Services
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains.
FIRST USE: 20000101. FIRST USE IN
COMMERCE: 20000101
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and their
structural parts; parts of automobiles, namely,
engines, wheels,
steering wheels, door sills, gear shift knobs, headrests, seats, tire
valve stem caps, license plate
frames, car badges; automotive body kits
comprising external structural parts of automobiles. FIRST USE:
20000101. FIRST USE IN COMMERCE: 20000101
IC 014. US 002 027 028 050. G & S: Lapel pins, watches. FIRST
USE: 20070101. FIRST USE IN COMMERCE:
20070101
IC 018. US 001 002 003 022 041. G & S: Backpacks, sports bags,
travel bags, suitcases, umbrellas. FIRST USE:
20080101. FIRST USE IN
COMMERCE: 20080101
IC 025. US 022 039. G & S: Jackets, caps, shirts, gloves. FIRST
USE: 20070101. FIRST USE IN COMMERCE:
20070101
IC 028. US 022 023 038 050. G & S: Scale model cars, children's
ride-on toys. FIRST USE: 20060101. FIRST USE
IN COMMERCE: 20060101
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
LETS-1 M A single letter, multiples of a single letter or in
combination with a design
Classification
SHAPES-GEOMETRIC Geometric figures and solids including squares,
rectangles, quadrilaterals and polygons
Code
Serial Number
77395469
Filing Date
Current Basis
1A
1A
Published for
Opposition
Registration
Number
3526899
Attorney of
Record
Aimee Gessner
Prior
Registrations
1438545;2683597
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
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Word Mark
Goods and
Services
Mark Drawing
Code
Design Search
Code
Trademark Search
LETS-1 M A single letter, multiples of a single letter or in
combination with a design
Facility
SHAPES-BAR-BANDS Designs with bar, bands or lines
Classification
SHAPES-GEOMETRIC Geometric figures and solids including squares,
rectangles, quadrilaterals and polygons
Code
Serial Number
77486870
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Date Amended to
Current Register
Registration
Number
3569473
Type of Mark
SERVICE MARK
Register
PRINCIPAL
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Word Mark
Goods and
Services
IC 007. US 013 019 021 023 031 034 035. G & S: Oil, gas and air
filter for motors; catalytic converters for motors;
compressors as parts
of motors; crankcases as parts of motors; motor mufflers; fan belts as
parts of motors;
ignition devices for motors of land vehicles; motor
starters; oil pumps for use in motors; radiators for motors; water
pumps
for use in motors
IC 012. US 019 021 023 031 035 044. G & S: Motor vehicles being
land vehicles and their parts, namely, wheels,
steering wheels, door
sills being strips of metal affixed to the automobile sill, gear shift
knobs, headrests, seats,
tire valve stem caps, license plate frames,
badges for motor vehicles being trim; automotive body kits comprising
external structural parts of automobiles; engines for motor vehicles
IC 014. US 002 027 028 050. G & S: Jewellery, in particular key
rings of precious metal; horological and
chronometric instruments
IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper,
cardboard and goods made from these materials,
namely, printed matter in
particular catalogues in the field of automotive, brochures about
automobiles, manuals in
the field of automotive, prospectuses in the
nature of booklets in the field of automotive, posters; adhesive paper
badges and stickers of paper or plastic; photographs; graphic art
representations; stationery; pens, writing
instruments
IC 018. US 001 002 003 022 041. G & S: Goods made of leather and
imitations of leather, namely, bags, trunks
and travelling bags and
small items of leather, namely leather purses, leather wallets and
leather key bags;
umbrellas, parasols
IC 025. US 022 039. G & S: Clothing, namely, jackets, shirts,
gloves; headgear, namely, caps
IC 028. US 022 023 038 050. G & S: Games and playthings, namely,
scale model vehicles and component parts
thereof, children's ride on toy
vehicles
IC 037. US 100 103 106. G & S: Repair and maintenance of motor
vehicles and parts thereof and of engines for
motor vehicles and parts
thereof; maintenance in the nature of tuning of motor vehicles and
engines
IC 041. US 100 101 107. G & S: Organization of and conducting of
entertainment in the nature of automobile rallies
and automobile races;
organization of and conducting of driver safety training
Design Search
Code
Trademark Search
Facility
LETS-1 M A single letter, multiples of a single letter or in
combination with a design
Classification
SHAPES-GEOMETRIC Geometric figures and solids including squares,
rectangles, quadrilaterals and polygons
Code
Serial Number
79067918
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Registration
Number
3767662
International
Registration
Number
1000390
Attorney of
Record
Aimee Gessner
Priority Date
Prior
Registrations
1438545;2683597;3526899;AND OTHERS
Description of
Mark
Type of Mark
Register
PRINCIPAL
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Goods and
Services
IC 007. US 013 019 021 023 031 034 035. G & S: Oil, gas and air
filters for motors; catalytic converters; parts for
motors and
generators, namely, compressors, crankcases, mufflers, fan belts,
ignition devices, motor starters, oil
pumps, radiators, and water pumps
IC 009. US 021 023 026 036 038. G & S: Clothing for protection
against fire and accident, namely, shoes, boots,
protective helmets,
protective glasses; spectacles; sunglasses
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and their
structural parts; parts of automobiles, namely,
engines, wheels,
steering wheels, door sills, gear shift knobs, headrests, seat, tire
valve steam caps, license plate
frames, car badges; automotive body kits
comprising external structural parts of automobiles
IC 014. US 002 027 028 050. G & S: Jewellery, namely, lapel
pins; clocks and watches; key rings of precious metal
IC 016. US 002 005 022 023 029 037 038 050. G & S: Photographs;
printed matter, namely, brochures in the field
of automobiles, posters,
catalogues, automotive service and repair manuals, cards, stickers;
stationery; office
requisites, namely, pens, writing instruments
IC 018. US 001 002 003 022 041. G & S: All purpose carrying
bags, trunks, and traveling bags, purses, pocket
wallets; umbrellas
IC 025. US 022 039. G & S: Jackets, caps, shirts, gloves
IC 028. US 022 023 038 050. G & S: Scale model cars, children's
ride-on toy vehicles
IC 037. US 100 103 106. G & S: Repair, installation, maintenance
of automobiles
IC 041. US 100 101 107. G & S: Driver training services, namely,
high performance driver training, advanced
automobile driver training,
vehicle handling instruction, education and instruction regarding
vehicles and driving of
vehicles
Mark Drawing
Code
Design Search
Code
79067950
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Registration
Number
3767663
International
Registration
Number
1000463
Attorney of
Record
Aimee Gessner
Priority Date
Prior
Registrations
1438545;2683597;3526899;AND OTHERS
Description of
Mark
Type of Mark
Register
PRINCIPAL
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X 1
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor, except tires
Standard Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number
79030273
Filing Date
Current Basis
66A
0741906
Registration Date
Owner
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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X3
Goods and IC 006. US 002 012 013 014 023 025 050. G & S: [ Money clips, ]
key rings, and license plates, all made of metal. FIRST
Services
USE: 20040300.
FIRST USE IN COMMERCE: 20040300
IC 012. US 019 021 023 031 035 044. G & S: Passenger motor
vehicles and structural parts therefor; [ bicycle racks for
vehicles ].
FIRST USE: 20040300. FIRST USE IN COMMERCE: 20040300
(CANCELLED) IC 014. US 002 027 028 050. G & S: [ Ashtrays,
cigarette ] [ and cigar ] [ lighters, cigarette ] [ and cigar ] [
holders, lapel pins, tie clips, watches, all made of precious metal ].
FIRST USE: 20040300. FIRST USE IN COMMERCE:
20040300
(CANCELLED) IC 016. US 002 005 022 023 029 037 038 050. G & S: [
Appointment books, ball-point pens, and coin
holders ]. FIRST USE:
20040300. FIRST USE IN COMMERCE: 20040300
(CANCELLED) IC 018. US 001 002 003 022 041. G & S: [ Umbrellas,
luggage, and wallets ]. FIRST USE: 20040300.
FIRST USE IN COMMERCE:
20040300
(CANCELLED) IC 025. US 022 039. G & S: [ Shirts, t-shirts,
sweaters, head wear, neckwear, foul weather gear, and
jackets ]. FIRST
USE: 20040300. FIRST USE IN COMMERCE: 20040300
IC 028. US 022 023 038 050. G & S: [ Stuffed toys and ] toy
vehicles. FIRST USE: 20040300. FIRST USE IN
COMMERCE: 20040300
Mark
Drawing
Code
Serial
Number
76101133
Filing Date
August 2, 2000
Current
Basis
1A
Original
Filing
1B
Attorney of
Aimee Gessner
Record
Type of
Mark
TRADEMARK
Register
PRINCIPAL
Affidavit
Text
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X4
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Automobiles
Standard Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number
79104507
Filing Date
Current Basis
66A
April 3, 2012
1095630
Registration Date
Owner
Priority Date
Type of Mark
TRADEMARK
Register
PRINCIPAL
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X5
Goods and
Services
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key rings
[, key fobs in the form of miniature vehicles made of
non-precious
metal]. FIRST USE: 20000000. FIRST USE IN COMMERCE: 20000000
(CANCELLED) IC 012. US 019 021 023 031 035 044. G & S: [ fitted
liners for the cargo area of vehicles; steps for
attachment to land
vehicles]. FIRST USE: 20000000. FIRST USE IN COMMERCE: 20000000
(CANCELLED) IC 014. US 002 027 028 050. G & S: [ watches ].
FIRST USE: 20000000. FIRST USE IN COMMERCE:
20000000
(CANCELLED) IC 016. US 002 005 022 023 029 037 038 050. G & S: [
pens ]. FIRST USE: 20000000. FIRST USE IN
COMMERCE: 20000000
(CANCELLED) IC 018. US 001 002 003 022 041. G & S: [ messenger
bags; duffel bags; tote bags; backpacks; travel
bags for compact discs
and compact disc players; umbrellas]. FIRST USE: 20000000. FIRST USE
IN COMMERCE:
20000000
(CANCELLED) IC 021. US 002 013 023 029 030 033 040 050. G & S: [
mugs]. FIRST USE: 20000000. FIRST USE IN
COMMERCE: 20000000
(CANCELLED) IC 024. US 042 050. G & S: [ travel blankets].
FIRST USE: 20000000. FIRST USE IN COMMERCE:
20000000
(CANCELLED) IC 025. US 022 039. G & S: [ pullovers; shorts;
headwear; shirts; pants; jackets; belts; ties]. FIRST USE:
20000000.
FIRST USE IN COMMERCE: 20000000
IC 027. US 019 020 037 042 050. G & S: mats for vehicles. FIRST
USE: 20000000. FIRST USE IN COMMERCE:
20000000
IC 028. US 022 023 038 050. G & S: toy vehicles. FIRST USE:
20000000. FIRST USE IN COMMERCE: 20000000
Mark
Drawing
Code
Serial
Number
Filing Date
Current
Basis
1A
Original
1A
Filing Basis
Published for
May 20, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2826976
Number
Registration
March 30, 2004
Date
(REGISTRANT) Bayerische Motoren Werke Aktiengesellschaft
CORPORATION FED REP GERMANY Petuelring 130
80809 Munich FED REP GERMANY
Owner
Attorney of
Record
Aimee Gessner
Prior
2484353
Registrations
Type of Mark TRADEMARK
Register
PRINCIPAL
Affidavit Text SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20140227.
Renewal
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X6
Goods and
Services
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor, except tires and inner
tubes for tires
IC 028. US 022 023 038 050. G & S: Automobile miniatures, toy
vehicles
Standard
Characters
Claimed
Mark Drawing
Code
Trademark Search
Facility
LETS-1 X A single letter, multiples of a single letter or in
combination with a design
NUM-6 The number 6 or the word Six
Classification
Code
Serial Number
79026071
Filing Date
May 3, 2006
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Registration
Number
3335405
International
Registration
Number
0890900
Attorney of
Record
Aimee Gessner
Priority Date
November 3, 2005
Prior
Registrations
2484353;2826976;2867087;2932213;AND OTHERS
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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Z3
Goods and IC 006. US 002 012 013 014 023 025 050. G & S: [ metal gear
shift knobs; ] metal key rings [ ; miniature vehicles of nonServices
precious
metal ]. FIRST USE: 19970000. FIRST USE IN COMMERCE: 19970000
(CANCELLED) IC 009. US 021 023 026 036 038. G & S: [ mouse pads
]. FIRST USE: 19970000. FIRST USE IN
COMMERCE: 19970000
(CANCELLED) IC 012. US 019 021 023 031 035 044. G & S: [ wooden
gear shift knobs; valve stem caps for vehicle tires;
fitted covers for
vehicles; racks for vehicles, namely, ski racks and bicycle racks;
license plate frames; mud flaps; storage
containers made of fabric
specially designed for use in vehicles ]. FIRST USE: 19970000. FIRST
USE IN COMMERCE:
19970000
(CANCELLED) IC 021. US 002 013 023 029 030 033 040 050. G & S: [
cups; mugs ]. FIRST USE: 19970000. FIRST USE
IN COMMERCE: 19970000
(CANCELLED) IC 025. US 022 039. G & S: [ shirts; vests ]. FIRST
USE: 19970000. FIRST USE IN COMMERCE:
19970000
(CANCELLED) IC 027. US 019 020 037 042 050. G & S: [ floor mats;
trunk mats ]. FIRST USE: 19970000. FIRST USE IN
COMMERCE: 19970000
IC 028. US 022 023 038 050. G & S: toy vehicles. FIRST USE:
19970000. FIRST USE IN COMMERCE: 19970000
Mark
Drawing
Code
Serial
Number
76410807
Filing Date
Current
Basis
1A
Original
Filing
1A
Attorney of
Aimee Gessner
Record
Type of
Mark
TRADEMARK
Register
PRINCIPAL
Affidavit
Text
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Z4
Goods and
Services
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key rings.
FIRST USE: 20030300. FIRST USE IN
COMMERCE: 20030300
(CANCELLED) IC 018. US 001 002 003 022 041. G & S: [ Duffel bags
]. FIRST USE: 20030800. FIRST USE IN
COMMERCE: 20030800
(CANCELLED) IC 021. US 002 013 023 029 030 033 040 050. G & S: [
Cups ]. FIRST USE: 20030300. FIRST USE
IN COMMERCE: 20030300
(CANCELLED) IC 025. US 022 039. G & S: [ Vests and shirts ].
FIRST USE: 20030300. FIRST USE IN
COMMERCE: 20030300
IC 027. US 019 020 037 042 050. G & S: Floor mats for vehicles.
FIRST USE: 20020900. FIRST USE IN
COMMERCE: 20020900
IC 028. US 022 023 038 050. G & S: Toy vehicles, namely, pedal
cars. FIRST USE: 20030300. FIRST USE IN
COMMERCE: 20030300
Mark Drawing
Code
Serial Number
76390972
Filing Date
April 3, 2002
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Change In
Registration
Registration
Number
2848370
June 1, 2004
(REGISTRANT) BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT
CORPORATION FED REP
GERMANY Petuelring 130 D-80809 Munich FED REP
GERMANY
Attorney of
Record
Aimee Gessner
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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MINI
Goods and
Services
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor. FIRST USE: 20020300.
FIRST USE IN COMMERCE:
20020300
Mark Drawing
Code
Serial Number
76412371
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Registration
Number
2746570
Attorney of
Record
Aimee Gessner
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
Renewal
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MINI
Goods and (CANCELLED) IC 001. US 001 005 006 010 026 046. G & S: [
ANTIFREEZE ]. FIRST USE: 20021200. FIRST USE IN
Services
COMMERCE: 20021200
IC 003. US 001 004 006 050 051 052. G & S: WINDSHIELD CLEANING
FLUIDS; AUTOMOBILE CLEANING KITS,
COMPRISING AUTOMOBILE CLEANERS,
AUTOMOBILE WAX, BUCKETS, WHEEL CLEANERS, * AND * BRUSHES [,
AND CLOTHS
]. FIRST USE: 20020500. FIRST USE IN COMMERCE: 20020500
Mark
Drawing
Code
Serial
Number
76422853
Filing Date
Current
Basis
1A
Original
Filing
Basis
1B
Published
for
June 17, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2826013
Number
Registration
March 23, 2004
Date
Owner
Attorney of
TRADEMARK
Register
PRINCIPAL
Affidavit
Text
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MINI
Goods and
Services
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains.
FIRST USE: 20040101. FIRST USE IN
COMMERCE: 20040101
IC 009. US 021 023 026 036 038. G & S: Sunglasses. FIRST USE:
20060101. FIRST USE IN COMMERCE: 20060101
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor; automobile parts, namely,
motors and engines,
couplings, transmissions, brakes, chassis, directional signals, vehicle
axles, gears for vehicles,
vehicle seats, suspension systems for
automobiles, motor car windows and windshields, horns, car bodies,
steering
wheels, wheels, spoilers, rims for vehicle wheels, mud flaps
for vehicles, tire valve stem caps, rear view and side view
mirrors,
shock absorbers, vehicle bumpers, anti-burglar and anti-theft security
devices for vehicles, bicycle holders and
bicycle lifts for use on
automobiles, roof racks, ski racks, luggage racks, snowboard racks,
surfboard and kayak holders
all for use on automobiles, anti-skid
chains, straps and clamps for land vehicles, head rests, air pumps of
automobiles,
mudguards, safety belts and air bags, safety seats for
children, ski carriers for vehicles, parts for cars, namely, sun
visors,
screens and blinds, fitted covers for vehicles, car badges, license
plate frames. FIRST USE: 20040101. FIRST
USE IN COMMERCE: 20040101
IC 014. US 002 027 028 050. G & S: Clocks, lapel pins, watches,
jewelry. FIRST USE: 20050101. FIRST USE IN
COMMERCE: 20050101
IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed
matter, namely, books, brochures, booklets, newsletters,
catalogues and
flyers featuring information regarding automobiles, automobile parts and
accessories; stationery; blank
journals; notebooks; calendars; printed
instructional and teaching material in the field of automotive sales,
repair, racing,
restoration, customizing and maintenance. FIRST USE:
20060101. FIRST USE IN COMMERCE: 20060101
IC 018. US 001 002 003 022 041. G & S: Wallets, purses,
backpacks, travelling bags, sports bags, handbags, suitcases,
key cases.
FIRST USE: 20070101. FIRST USE IN COMMERCE: 20070101
IC 021. US 002 013 023 029 030 033 040 050. G & S: Cups and
mugs. FIRST USE: 20060101. FIRST USE IN
COMMERCE: 20060101
IC 022. US 001 002 007 019 022 042 050. G & S: Lanyards for
holding badges and keys. FIRST USE: 20040101. FIRST
USE IN COMMERCE:
20040101
IC 024. US 042 050. G & S: Towels. FIRST USE: 20060101. FIRST
USE IN COMMERCE: 20060101
IC 025. US 022 039. G & S: Clothing, namely, shirts,
sweatshirts, jackets, gloves, headwear, belts. FIRST USE:
Serial
Number
77399902
Filing Date
Current
Basis
1A
Original
1A
Filing Basis
Published for
July 15, 2008
Opposition
Registration
3507903
Number
Registration
September 30, 2008
Date
Owner
Attorney of
Record
Aimee Gessner
Prior
2746570;2826013
Registrations
Description
of Mark
PRINCIPAL
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Word Mark
MINI COOPER
Goods and
Services
IC 012. US 019 021 023 031 035 044. G & S: AUTOMOBILES AND
STRUCTURAL PARTS THEREFOR
Mark Drawing
Code
Serial Number
75436027
Filing Date
Current Basis
44E
Original Filing
Basis
1B;44E
Published for
Opposition
Registration
Number
2376477
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Aimee Gessner
Prior
Registrations
1780824
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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MINI
Goods and (CANCELLED) IC 006. US 002 012 013 014 023 025 050. G & S: [
Metal key fobs; metal key holders ]
Services
(CANCELLED) IC 008. US 023 028 044. G & S: [ Hand tools, namely,
survival tools in the nature of multi-purpose, multiblade hand operated
pocket tools comprised of pliers, screwdrivers, scissors, files, knives,
and rulers sold as a unit, for
personal use; penknives; razors ]
(CANCELLED) IC 009. US 021 023 026 036 038. G & S: [
Pre-recorded video, audio, and audio-visual tapes and discs in
the field
of automobiles; computer software for use in driving simulations and
computer software relating to the
construction and use of automobiles; ]
[ spectacles, ] [ sunglasses ] [ and driving glasses ] [ ; parts and
fittings for motor
land vehicles, namely, meters and gauges for
recording and measuring] [ distance, fuel level, pressure,] [ speed ] [,
temperature level and water indicators, micrometers ]
(CANCELLED) IC 011. US 013 021 023 031 034. G & S: [ Parts and
fittings for motor land vehicles, namely, spot lamps,
replacement lenses
for motor vehicle lights, and headlights, tail lights, and interior dome
lights ]
IC 012. US 019 021 023 031 035 044. G & S: Land vehicles,
namely, automobiles; engines for land vehicles; [ and
structural parts
for the aforesaid goods; ] [ shaped covers for land vehicle steering
wheels and for vehicle seats; ] fitted
covers for land vehicles
(CANCELLED) IC 014. US 002 027 028 050. G & S: [ Jewelry; ] [
clocks; watches ] [ ; brooches; cufflinks; ornamental
pins; tie clips
and tie pins ]
(CANCELLED) IC 016. US 002 005 022 023 029 037 038 050. G & S: [
Books and magazines in the field of automobiles;
educational
publications, namely, training manuals in the field of automobiles; ] [
paperweights; ] [ pens ] [ ; automobile
picture cards ]
(CANCELLED) IC 018. US 001 002 003 022 041. G & S: [ Wallets,
purses, backpacks, traveling bags, overnight cases,
handbags, umbrellas,
and luggage; key cases; leather key chains ]
(CANCELLED) IC 021. US 002 013 023 029 030 033 040 050. G & S: [
Ornaments made wholly or principally of glass,
porcelain or earthenware;
] [ mugs; ] [ bottle openers and corkscrews; plastic coasters and
coasters not of linen or paper;
powder compacts sold empty; ] [ portable
coolers and flasks, all for foodstuffs and beverages ]
Design
Search
Code
Serial
Number
75257662
Filing Date
Current
Basis
44E
Original
Filing
Basis
1B;44D
Published
for
March 11, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2757755
Number
Registration
September 2, 2003
Date
Owner
Assignment
ASSIGNMENT RECORDED
Recorded
Priority
Date
Disclaimer
Type of
Mark
Register
PRINCIPAL
Affidavit
Text
Renewal
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Word Mark
MINI
Goods and
Services
(CANCELLED) IC 001. US 001 005 006 010 026 046. G & S: [ Brake
fluid ]. FIRST USE: 20020300. FIRST USE IN
COMMERCE: 20020300
IC 004. US 001 006 015. G & S: Motor oil. FIRST USE: 20020300.
FIRST USE IN COMMERCE: 20020300
IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains.
FIRST USE: 20020300. FIRST USE IN
COMMERCE: 20020300
(CANCELLED) IC 009. US 021 023 026 036 038. G & S: [ CD players;
compasses; mouse pads; personal stereos; and
sunglasses and cases
therefor; multifunction handtools, comprised of compasses, flashlights,
thermometers, mirrors
and whistles ]. FIRST USE: 20020300. FIRST USE
IN COMMERCE: 20020300
(CANCELLED) IC 011. US 013 021 023 031 034. G & S: [ Flashlights
]. FIRST USE: 20020300. FIRST USE IN
COMMERCE: 20020300
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor; automobile windshield
sunshades; fitted boxes
for storage in vehicle trunks; fitted car covers; valve stem caps for
vehicle tires. FIRST USE:
20020300. FIRST USE IN COMMERCE: 20020300
IC 014. US 002 027 028 050. G & S: Clocks, pins being jewelry;
and watches. FIRST USE: 20020300. FIRST USE IN
COMMERCE: 20020300
IC 016. US 002 005 022 023 029 037 038 050. G & S: Pens. FIRST
USE: 20020300. FIRST USE IN COMMERCE:
20020300
IC 018. US 001 002 003 022 041. G & S: [ Backpacks; ] tote bags;
and umbrellas. FIRST USE: 20020300. FIRST USE
IN COMMERCE: 20020300
(CANCELLED) IC 021. US 002 013 023 029 030 033 040 050. G & S: [
Mugs ]. FIRST USE: 20020300. FIRST USE IN
COMMERCE: 20020300
IC 027. US 019 020 037 042 050. G & S: floor and trunk mats for
vehicles. FIRST USE: 20020300. FIRST USE IN
COMMERCE: 20020300
Design
03.17.01 - Wings, birds'
Search Code 26.01.18 - Circles, three or more concentric; Concentric circles,
three or more; Three or more concentric circles
26.01.21 - Circles that are totally or partially shaded.
Serial
Number
76975617
Filing Date
Current
Basis
1A
Original
1A
Filing Basis
Published for
November 18, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2812820
Number
Registration
February 10, 2004
Date
(REGISTRANT) Bayerische Motoren Werke Aktiengesellschaft
CORPORATION FED REP GERMANY Petuelring 130
80809 Muenchen FED REP
GERMANY
Owner
Attorney of
Record
Aimee Gessner
Prior
2557534
Registrations
Description
of Mark
PRINCIPAL
Affidavit Text SECT 15. PARTIAL SECT 8 (6-YR). SECTION 8(10-YR) 20140224.
Renewal
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Word Mark
MINI
Goods and (CANCELLED) IC 001. US 001 005 006 010 026 046. G & S: [
ANTIFREEZE ]. FIRST USE: 20021200. FIRST USE IN
Services
COMMERCE: 20021200
IC 003. US 001 004 006 050 051 052. G & S: WINDSHIELD CLEANING
FLUIDS; AUTOMOBILE CLEANING KITS,
COMPRISING AUTOMOBILE CLEANERS,
AUTOMOBILE WAX, BUCKETS, WHEEL CLEANERS,* AND * BRUSHES [,
AND CLOTHS
]. FIRST USE: 20020500. FIRST USE IN COMMERCE: 20020500
Mark
Drawing
Code
Design
Search
Code
Serial
Number
76410803
Filing Date
Current
Basis
1A
Original
Filing
Basis
1B
Published
for
June 3, 2003
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
2825969
Number
Registration
March 23, 2004
Date
Attorney of
Aimee Gessner
Record
Description
Color is not claimed as a feature of the mark. The stippling in
the drawing is for shading purposes only.
of Mark
Type of
Mark
TRADEMARK
Register
PRINCIPAL
Affidavit
Text
Renewal
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Word Mark
MINI
Goods and
Services
Mark Drawing
Code
Design Search
Code
Serial Number
76514102
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Registration
Number
2855714
Attorney of
Record
Aimee Gessner
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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Word Mark
MINI
Goods and
Services
Mark Drawing
Code
Design Search
Code
Serial Number
76412263
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Registration
Number
2907546
Attorney of
Record
Aimee Gessner
Prior
Registrations
2095406;2557534
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
Renewal
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Word Mark
MINI
Goods and
Services
Mark Drawing
Code
Design Search
Code
Trademark Search
ANI-MISC Part of the animals including animal
bones,horns,claws,shells,eyes,coral,paws,eggs, feathers,hides or
Facility
skins
Classification
SHAPES-CIRCLE Circle figures or designs including semi-circles and
incomplete circles
Code
Serial Number
76656617
Filing Date
Current Basis
1A
Original Filing
Basis
1B
Published for
Opposition
Registration
Number
3356834
Prior
2757755;2855714;2907546
Description of
Mark
Type of Mark
SERVICE MARK
Register
PRINCIPAL
Affidavit Text
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Word Mark
MINI
Goods and
Services
Mark Drawing
Code
Design Search
Code
Trademark Search
ANI-MISC Part of the animals including animal
bones,horns,claws,shells,eyes,coral,paws,eggs, feathers,hides or
Facility
skins
Classification
SHAPES-CIRCLE Circle figures or designs including semi-circles and
incomplete circles
Code
Serial Number
79039871
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Registration
Number
3445523
International
Registration
Number
0727906
Aimee Gessner
Prior
Registrations
2812820;3122300;3194505;AND OTHERS
Description of
Mark
Type of Mark
SERVICE MARK
Register
PRINCIPAL
Affidavit Text
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Word Mark
MINI
Goods and
Services
Design Search
Code
Trademark Search
Facility
Classification
Code
Serial Number
79038298
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
Change In
Registration
Registration
Number
3462517
International
Registration
Number
0727906
Attorney of
Record
Aimee Gessner
Prior
Registrations
2825969;2907546;AND OTHERS
Description of
Mark
Type of Mark
Register
PRINCIPAL
Affidavit Text
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MINI
Goods and
Services
IC 003. US 001 004 006 050 051 052. G & S: Perfumes and toilet
waters, soaps for body care, body creams, face
creams, shampoo and hair
conditioner
IC 011. US 013 021 023 031 034. G & S: Electric toasters,
electric kettles, electric coffee machines
IC 024. US 042 050. G & S: Bed sheets, fitted bed sheet covers,
bed flat sheets, and pillow cases used in the
bedding, towels made of
textile materials
Mark Drawing
Code
Design Search
Code
Serial Number
79107823
Filing Date
October 8, 2011
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
April 3, 2012
Registration
Number
4159774
International
Registration
Number
1103369
Type of Mark
TRADEMARK
Register
PRINCIPAL
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IC 012. US 019 021 023 031 035 044. G & S: Motor vehicles
(CANCELLED) IC 014. US 002 027 028 050. G & S: [ Keychains made
of precious metal ]
(CANCELLED) IC 025. US 022 039. G & S: [ Clothing, namely,
shirts, pants, t-shirts, shorts, blouses, skirts,
dresses, and head wear
]
(CANCELLED) IC 028. US 022 023 038 050. G & S: [ Miniature toy
vehicles ]
Serial Number
79006509
Filing Date
Current Basis
66A
66A
Published for
Opposition
3004619
International
Registration Number
0836542
Registration Date
October 4, 2005
Owner
Attorney of Record
Aimee Gessner
Priority Date
Description of Mark
Type of Mark
TRADEMARK
PRINCIPAL
Affidavit Text
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PACEMAN
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Automobiles
Standard Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number
79097204
Filing Date
Current Basis
66A
1076669
Registration Date
October 4, 2011
Owner
Priority Date
December 8, 2010
Type of Mark
TRADEMARK
Register
PRINCIPAL
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Goods and
Services
IC 007. US 013 019 021 023 031 034 035. G & S: Parts of
automobile engines, namely, cylinder heads and air
filters; engine
exhausts systems comprised of pipes, collector and muffler
IC 012. US 019 021 023 031 035 044. G & S: Motor land vehicles,
namely, automobiles and structural parts
therefore; automobile bodywork
components, namely, fenders, bumpers; automobiles aerodynamic
components,
namely, front and rear bumpers, side skirts, and spoilers;
automobile engines, gearboxes, transmissions for land
vehicles, seats,
wheel suspensions, brakes for land vehicles and braking systems for
vehicles; vehicle parts,
namely, steering wheels; and seat belts for use
in vehicles; automobile bodywork styling elements, namely,
fenders;
automotive bodywork styling elements, namely, trim in the nature of
insignia for vehicles; automobile
interior parts, namely, dashboards,
interior trim, gear knobs, door entry strips; wheels
IC 014. US 002 027 028 050. G & S: Key rings of precious metal
IC 016. US 002 005 022 023 029 037 038 050. G & S: Photographs;
printed matter, namely, brochures about
automobiles; poster; catalogues
in the field of automotives, automotive service and repair manuals,
correspondence cards
IC 025. US 022 039. G & S: Clothing, namely, shirts,
sweatshirts, jackets, belts; headgear, namely, hats
IC 028. US 022 023 038 050. G & S: Scale model vehicles and
structural parts therefor
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
Classification
Code
79066936
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
October 5, 2010
Registration
Number
3892600
International
Registration
Number
0972752
Disclaimer
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
Other Data
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ROLLS-ROYCE
Goods and
Services
Mark Drawing
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Code
Serial
Number
71359008
Filing Date
December 6, 1934
1A;44E
Registration
Number
0325195
Registration
Date
Owner
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Aimee Gessner
Priority Date
April 9, 1907
PRINCIPAL
Affidavit Text SECT 12C. SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20150807.
Renewal
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ROLLS-ROYCE
Goods and
Services
Mark
Drawing
Code
Serial
Number
72368038
Filing Date
Current
Basis
1A
Original
1A
Filing Basis
Registration
0912848
Number
Registration
June 8, 1971
Date
Owner
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Aimee Gessner
Prior
0197087;0344372;AND OTHERS
Registrations
Type of Mark TRADEMARK
Register
PRINCIPAL
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ROLLS-ROYCE
Goods and
Services
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor. FIRST USE: 19060000.
FIRST USE IN COMMERCE:
19060000
Standard
Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number
78750344
Filing Date
November 9, 2005
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
July 4, 2006
Registration
Number
3148743
Registration Date
Owner
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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ROLLS ROYCE RR
Goods and
Services
Mark Drawing
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Code
Design
26.11.11 - Rectangles divided twice into three sections
Search Code
Serial
Number
71197394
Filing Date
Current Basis 1A
Original
Filing Basis
1A
Registration
Number
0197089
Registration
Date
April 7, 1925
Owner
Assignment
Recorded
ASSIGNMENT RECORDED
Attorney of
Record
Aimee Gessner
Prior
0186458
Registrations
Type of Mark TRADEMARK
PRINCIPAL
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Goods and
Services
Mark Drawing
Code
72272752
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
April 2, 1968
Registration
Number
0850902
Registration
Date
Owner
Assignment
Recorded
ASSIGNMENT RECORDED
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL
Affidavit Text
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Goods and
Services
IC 012. US 019 021 023 031 035 044. G & S: Motor vehicles,
namely, automobiles, sport utility vehicles, and light
trucks
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
ART-18.11 Parts of land, water and air vehicles
Classification
CONFIGURATION Designs of a shape of an object or building
Code
Serial Number
79037357
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
March 4, 2008
Registration
Number
3431482
International
Registration
Number
0921121
Priority Date
1415749;1606324
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL-2(F)
Affidavit Text
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Services
IC 012. US 019 021 023 031 035 044. G & S: Motor vehicles,
namely, automobiles, sport utitlity vehicles, and light
trucks
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
ART-18.11 Parts of land, water and air vehicles
Classification
CONFIGURATION Designs of a shape of an object or building
Code
Serial Number
79037537
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
March 4, 2008
Registration
Number
3431491
International
Registration
Number
0921590
Prior
Registrations
1415749;1606324
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL-2(F)
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IC 012. US 019 021 023 031 035 044. G & S: Motor vehicles,
namely, automobiles, sport utility vehicles, and light
trucks
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
ART-18.11 Parts of land, water and air vehicles
Classification
CONFIGURATION Designs of a shape of an object or building
Code
Serial Number
79037538
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
March 4, 2008
Registration
Number
3431492
International
Registration
Number
0921591
Priority Date
1415749;1606324
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL-2(F)
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Services
IC 012. US 019 021 023 031 035 044. G & S: Motor vehicles,
namely, automobiles, sports utility vehicles and light
trucks
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
ART-18.11 Parts of land, water and air vehicles
Classification
CONFIGURATION Designs of a shape of an object or building
Code
Serial Number
79037549
Filing Date
Current Basis
66A
Original Filing
Basis
66A
Published for
Opposition
March 4, 2008
Registration
Number
3431493
International
Registration
Number
0921606
Priority Date
1415749;1606324
Description of
Mark
Type of Mark
TRADEMARK
Register
PRINCIPAL-2(F)
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Services
IC 012. US 019 021 023 031 035 044. G & S: Automobiles and
structural parts therefor. FIRST USE: 20010500.
FIRST USE IN COMMERCE:
20011220
IC 028. US 022 023 038 050. G & S: Model cars; radio controlled
model vehicles. FIRST USE: 20010500. FIRST
USE IN COMMERCE: 20011220
Mark Drawing
Code
Design Search
Code
Trademark Search
Facility
ART-18.05 Land motor vehicles
Classification
CONFIGURATION Designs of a shape of an object or building
Code
Serial Number
78781927
Filing Date
Current Basis
1A
Original Filing
Basis
1A
Published for
Opposition
Registration
Number
3352085
Attorney of
Record
Aimee Gessner
Description of
Mark
TRADEMARK
Register
PRINCIPAL-2(F)
Affidavit Text
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Record 1 out of 1
Goods and IC 012. US 019. G & S: AUTOMOBILES. FIRST USE: 19250000. USED
IN ANOTHER FORM 1906 IN A DIFFERENT
Services
FORM. FIRST USE IN COMMERCE:
19250000
Mark
Drawing
Code
Design
Search
Code
Serial
Number
73043708
Filing Date
February 7, 1975
Current
Basis
1A
Original
Filing
Basis
1A
Registration
1063799
Number
Registration
April 19, 1977
Date
Owner
Assignment
ASSIGNMENT RECORDED
Recorded
Type of
Mark
TRADEMARK
PRINCIPAL-2(F)
Affidavit
Text
Renewal
Live/Dead
Indicator
LIVE
EXHIBIT C-1
EXHIBIT C-2
1)
2)
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Title
Link
Rolls Royce Phantom 2013 by squir http://www.turbosquid.com/3d-models/maya-rollsroyce-phantom-sedan/665810
Rolls-Royce Phantom Long 2013
http://www.turbosquid.com/3d-models/2013-rollsby squir
royce-c4d/870336
Rolls Royce Phantom by squir
http://www.turbosquid.com/3d-models/rollsroyce-phantom-3d-model/555553
Rolls-royce phantom 2004 by
http://www.turbosquid.com/3d-models/rollsroyce-phantom-2004-3d-model/438935
3d_molier
Rolls-Royce Phantom 2013 by
http://www.turbosquid.com/3d-models/3d-model2013-rolls-royce-phantom-luxury/697761
TAURUS_X
200EX by too3D
http://www.turbosquid.com/3d-models/3d-model200ex-rr/475156
6 Low Poly luxury sport sedans by http://www.turbosquid.com/3d-models/6-luxurybe fast
sport-sedans-3d-3ds/579405
Rolls-Royce phantom by
http://www.turbosquid.com/3d-models/rollsUzzai1903
royce-phantom-max-free/611104
EXHIBIT D-1
EXHIBIT D-2
1)
2)
3)
4)
Title
Low Poly City Vehicles vol. 1 by
TAURUS_X
BMW 6 Gran Coupe 2013 by
TAURUS_X
BMW M6 Gran Coupe 2014 by
do3d
BMW 6-Series Gran Coupe 2015 by
squir
Link
http://www.turbosquid.com/3d-models/cityvehicles-1-3d-model/738699
http://www.turbosquid.com/3d-models/3dsmax2013-bmw-gran-coupe/659513
http://www.turbosquid.com/3d-models/bmw-m6gran-3d-3ds/739365
http://www.turbosquid.com/3d-models/2015bmw-series-max/915348
EXHIBIT E-1
EXHIBIT E-2
4)
Title
Mini Paceman 2014 John Cooper
Works by squir
MINI Paceman All4 2014 by
TAURUS_X
MINI John Cooper Works Paceman
2014 by 3DStarving
Paceman by too3D
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7)
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2)
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Link
http://www.turbosquid.com/3d-models/01-014john-mini-max/729095
http://www.turbosquid.com/3d-models/3ds-max2014-mini-paceman-all4/693707
http://www.turbosquid.com/3d-models/3ds-maxbmw-mini-john-cooper/730151
http://www.turbosquid.com/3d-models/minipaceman-3d-max/693974
http://www.turbosquid.com/3d-models/minipaceman-max/581405
http://www.turbosquid.com/3d-models/maya2013-2014-mini-paceman/713687
http://www.turbosquid.com/3d-models/3d-modelbmw-mini-cooper-paceman/720958
http://www.turbosquid.com/3d-models/3dsmaxbmw-mini-cooper-s/723516
http://www.turbosquid.com/3d-models/lwo-01014-mini-paceman/724781
http://www.turbosquid.com/3d-models/3d-bmwmini-scores-paceman-model/816723
http://www.turbosquid.com/3d-models/bmw-minicooper-paceman-3d-3ds/739453
http://www.turbosquid.com/3d-models/3d-bmwmini-cooper-all4-model/728394
http://www.turbosquid.com/3d-models/minipaceman-3d-obj/694209
http://www.turbosquid.com/3d-models/3d-car6/864540
EXHIBIT F-1
EXHIBIT F-2
2)
Title
BMW i3 Concept by Digital
Impression
BMW i3 by Digital Impression
3)
4)
5)
6)
BMW i3 by LionizedFrog
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8)
i3_L2 by too3D
9)
i3 by too3D
10)
i3_L3 by too3D
11)
i3_L3 by too3D
12)
BMW i3 by QLEE
1)
Link
http://www.turbosquid.com/3d-models/i3-bmwconcept-max/748735
http://www.turbosquid.com/3d-models/car-i3max/769924
http://www.turbosquid.com/3d-models/2014bmw-i3-max/777998
http://www.turbosquid.com/3d-models/3ds-maxbmw-i3-2014/763614
http://www.turbosquid.com/3d-models/3ds-2014bmw-i3/773386
http://www.turbosquid.com/3d-models/bmw-i33ds/766052
http://www.turbosquid.com/3d-models/2011bmw-concept-scifi-3d-3ds/765318
http://www.turbosquid.com/3d-models/3d-bmwi3-3/703493
http://www.turbosquid.com/3d-models/mw-i-dmodel/761667
http://www.turbosquid.com/3d-models/3d-modelbmw-i3/703490
http://www.turbosquid.com/3d-models/3d-modelbmw-i3/703490
http://www.turbosquid.com/3d-models/customcamaro-3ds/291733
EXHIBIT G-1
EXHIBIT G-2
11)
Title
2014 BMW 435i by Tornado
Studio
2014 BMW 4 Series Coupe 435i
by Polygon Wolf
BMW 4 Series Gran Coupe M
sport package 2015 by squir
BMW 4 Series 2014 by
TAURUS_X
BMW 4 Series Convertible F33
2014 by 3DStarving
BMW 4 coupe 2014 F32 concept
by squir
BMW 4 series F32 Coupe 2014
by squir
BMW 4 convertible F33 2014 by
squir
BMW 4 coupe F32 MY2014 by
fisherman3d
BMW 4 Series Gran Coupe 2015
by squir
bmw_4 by too3D
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13)
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Link
http://www.turbosquid.com/3d-models/2014-bmw435i-coupe-3d-c4d/818205
http://www.turbosquid.com/3d-models/2014-bmw-4series-max/815442
http://www.turbosquid.com/3d-models/3d-2015sport-bmw-model/810222
http://www.turbosquid.com/3d-models/3d-model2014-bmw-4-series/773934
http://www.turbosquid.com/3d-models/bmw-4series-convertible-3d-3ds/825104
http://www.turbosquid.com/3d-models/2014-sportcoupe-max/733175
http://www.turbosquid.com/3d-models/3d-2014sport-coupe-model/782479
http://www.turbosquid.com/3d-models/3d-model2013-2014-convertible-sport/795148
http://www.turbosquid.com/3d-models/bmw-f32coupe-max/754452
http://www.turbosquid.com/3d-models/3d-2015bmw-series/810192
http://www.turbosquid.com/3d-models/bmw-4-3dmodel/716220
http://www.turbosquid.com/3d-models/3d-bmw-4interior/716213
http://www.turbosquid.com/3d-models/bmw-4series-f32-3d-model/824135
http://www.turbosquid.com/3d-models/maya-bmw4-series-f32/824559
http://www.turbosquid.com/3d-models/3d-modelbmw-4-series-f32/824854
http://www.turbosquid.com/3d-models/3d-bmw-4model/794360
http://www.turbosquid.com/3d-models/bmw-car-3dmodel/820075
http://www.turbosquid.com/3d-models/3d-bmw-4series/849783
EXHIBIT H-1
EXHIBIT H-2
1)
2)
3)
4)
Title
2015 BMW i8 by HKV Studios
2015 BMW i8 (Low Interior) by
HKV Studios
BMW i8 Coupe 2015 by squir
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BMW i8 by dragosburian
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BMW i8 by dragosburian
14)
Link
http://www.turbosquid.com/3d-models/3d-2015bmw-i8-model/780918
http://www.turbosquid.com/3d-models/3d-model2015-bmw-i8-interior/781283
http://www.turbosquid.com/3d-models/lwo-bmw-i8coupe/804657
http://www.turbosquid.com/3d-models/3d-bmw-i8vision-2014/786311
http://www.turbosquid.com/3d-models/bmw-i8vision-2014-3ds/785572
http://www.turbosquid.com/3d-models/maya-bmwi8-2015/782809
http://www.turbosquid.com/3d-models/supercarsaston-bmw-3d-model/767532
http://www.turbosquid.com/3d-models/max-bmwcars-f30/805416
http://www.turbosquid.com/3d-models/3d-2013bmw-i8-sports-model/766551
http://www.turbosquid.com/3d-models/bmw-i8-3dobj/905804
http://www.turbosquid.com/3d-models/3d-modelbmw-i8-2015/915054
http://www.turbosquid.com/3d-models/bmw-i8obj/851102
http://www.turbosquid.com/3d-models/3d-bmw-i8model/851348
http://www.turbosquid.com/3d-models/bmw-i8designs-3ds/900020