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

ESTTA Tracking number: ESTTA1126334

Filing date: 04/12/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 92071893

Party PlaintiffJacksonville Film Events, Inc.

CorrespondenceAddress

MARILYN S YOUNGMARK YOUNG PA1638 CAMDEN AVEJACKSONVILLE, FL 32207UNITED STATESPrimary Email: myoungpa@comcast.net904-996-8234

Submission Testimony For Plaintiff

Filer's Name Marilyn S. Young

Filer's email myoungpa@comcast.net

Signature /Marilyn S. Young/

Date 04/12/2021

Attachments NOR_Logoreci_Reb_Decl_JFEv.Madrid_92071893_P.pdf(3309997 bytes )

Cancellation No. 92071893 NOR - Rebuttal Declaration Page 1 of 3

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

JACKSONVILLE FILM EVENTS, INC.,a Florida corporation,

Petitioner

v.

ADAM MADRID, A United States individual,

Registrant

In the matter ofRegistration No. 5,442, 652

For the mark: LOL JAX FILM FESTIVAL

Registered on the Principal RegisterOn April 10, 2018

Cancellation No. 92071893

PETITIONER’S SEVENTH NOTICE OF RELIANCE

Petitioner, Jacksonville Film Events, Inc., (“JFE”) through its attorney and pursuant to 37

C.F.R. §2.123(a)(1) hereby submits this Seventh Notice of Reliance of the Rebuttal Declaration

of Mr. Niki Logoreci with accompanying exhibits consisting of:

Exhibit 1R – Adam Madrid Argyle Forest Films business cardExhibit 2R – June 2017 J. Rush text conversationExhibit 3R – N. Logoreci and A.Madrid text conversation December 2018Exhibit 4R – A. Madrid text conversation Ladies in Cinema trademark confusionExhibit 5R – N. Logoreci and A. Madrid meeting conversationsExhibit 6R – LOL Jax Film Festival River City Live Interview April 2021

Mr. Logoreci is the current President and Board Chair for the Petitioner whose testimony

is relevant to address certain aspects of the Registrant’s trial testimony declarations considered

either unclear and inconsistent with the Petitioner’s position on the issues of priority and use in

commerce of the Petitioner’s JACKSONVILLE FILM FESTIVAL, JAX FILM FEST and

stylized JACKSONVILLE FILM FESTIVAL trademarks (the “JFF Marks”) and the asserted

likelihood of consumer confusion with the Registrant’s LOL JAX FILM FESTIVAL trademark.

Cancellation No. 92071893 NOR - Rebuttal Declaration Page 2 of 3

Respectfully submitted,

Marilyn Young Date submittedAttorney for Petitioner April 12, 2020Florida Bar No. 64518

Mark Young, P.A.1638 Camden AveJacksonville, Florida 32207Phone: (904) 400-2636Email: myoungpa@comcast.net

Cancellation No. 92071893 NOR - Rebuttal Declaration Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing PETITIONER’S SEVENTH NOTICE OF RELIANCE has been served on Lauren E. Majure, Attorney for Registrant by forwarding said copy on April 12, 2021, via email to: info@majurelaw.com and majurelaw@gmail.com .

Marilyn S. Young

Attorney for Petitioner April 12, 2021Florida Bar No. 64518

Mark Young, P.A.1638 Camden AveJacksonville, Florida 32207Phone: (904) 996-8234Email: myoungpa@comcast.net

Cancellation No. 92071893

Logoreci Rebuttal Declaration

Page 1 of 3

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

JACKSONVILLE FILM EVENTS, INC.,

a Florida corporation,

Petitioner

v.

ADAM MADRID,

A United States individual,

Registrant

In the matter of

Registration No. 5,442, 652

For the mark: LOL JAX FILM FESTIVAL

Registered on the Principal Register

On April 10, 2018

Cancellation No. 92071893

REBUTTAL DECLARATION OF NIKI LOGORECI, PRESIDENT AND

CHAIRMAN OF BOARD OF DIRECTORS FOR PETITIONER

I, Niki Logoreci, based upon my own personal knowledge, hereby declare:

1. I first met the Defendant, Adam Madrid and the Defendant’s wife, Monique Madrid in

December 2016 when the Madrid’s were introduced to me at a film event by Jared Rush as

“filmmakers” and not the owner of LOL JAX FILM FESTIVAL as indicated in the Defendant’s

evidence Declaration of Adam Madrid Par. 13 and Declaration of Jared Rush Par. 4.

2. I do not recall the LOL JAX FILM FESTIVAL ever being mentioned during my introduction

to the Defendant in December 2016 and the business card the Defendant gave me at the time

identified Argyle Forest Films as the company the Defendant was affiliated with as seen in

the attached Exhibit 1.

3. In contrast to the Defendant’s Declarations of Adam Madrid, Monique Madrid and Jared

Rush, after learning of the Defendant’s use of the JACKSONVILLE FILM FESTIVAL Marks

(the “JFF Marks”) by Defendant in June 2017, I immediately contacted the Defendant’s witness

Jared Rush and addressed the similarity of the terms of the JFF Marks and the LOL JAX FILM

FESTIVAL Mark (the “LOL Mark”) and not merely the font style. See Exhibit 2.

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Logoreci Rebuttal Declaration

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4. To date, I am personally unaware of any conversations between myself and the Defendant or

any of the Defendant’s witnesses concerning the issues of similarity based solely upon the

“fonts” of the subject marks.

5. In September 2018, I sent a courtesy invitation to the Defendant and his wife to attend a

Jacksonville Film Events, Inc. (hereinafter “JFE”) event in an effort to foster communications

and in hopes of forming a working relationship to amicably resolve any issues between us.

6. In December 2018, another issue of confusion with the Defendant and the JFF Marks

occurred and I contacted the Defendant and explained the ownership of the JFF Marks by JFE

and the issue of consumer confusion of the source of the Defendant’s services with a program

being promoted by LOL JAX FILM FESTIVAL titled “Ladies in Cinema Jax Film Fest.”

See Exhibit 3.

7. Based on personal knowledge, I witnessed the Defendant acknowledging ownership of the

JFF Marks by JFE and in February 2019 admitting the issue of trademark confusion as to the

source of the services and changing the specific LOL JAX FILM FESTIVAL event title

from “Ladies in Cinema Jax Film Fest” to “Ladies in Cinema Film Fest Jax.” Exhibit 4.

8. Seeing the consumer confusion issue between the LOL Mark and the JFF Marks continue to

grow, I attempted several times in 2018-2019 to schedule a meeting with the Defendant to try to

resolve the problem but the Defendant repeatedly refused to meet with me or modify the LOL

Mark which eventually led to hiring an attorney to formally address the issue. See Exhibit 5.

9. At no time have I ever told the Defendant nor any other individual that the similarity and

consumer confusion issues concerning the LOL Mark and JFF Marks were resolved.

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Logoreci Rebuttal Declaration

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10. To date, I have witnessed continued confusion among members of the local community as to

the source of the LOL Mark’s services as recent as April 1, 2021 when the Defendant

participated in a local television interview and willingly allowed the interviewer to identify the

Defendant’s services as the “LOL JACKSONVILLE FILM FESTIVAL” which incorporated the

full JFF Mark owned by JFE. The Defendant failed to state any differentiation whatsoever

between his services and those of JFE offered under the JFF Mark during the interview. See

Exhibit 6.

11. To my knowledge, Tim Driscoll identified in the Defendant’s Declaration of Adam Madrid

Par. 8 has no ownership rights whatsoever in the JFF Marks, never held an Officer or Board of

Directors position with JFE, is unable to make legally binding decisions on behalf of JFE and

whose only affiliation with JFE was a volunteer Program Director for an event held by JFE in

2020.

I declare under penalty of perjury that the foregoing is true and correct.

Date signed ________________ By:_______________________________

Niki Logoreci

4/9/2021

92071893 EXHIBIT

92071893 EXHIBIT