estta tracking number: estta925843 10/02/2018

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

ESTTA Tracking number: ESTTA925843

Filing date: 10/02/2018

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 91243941

Party PlaintiffVIACOM INTERNATIONAL INC.

CorrespondenceAddress

Kaydi OsowskiVIACOM INTERNATIONAL INC.1515 BROADWAY23rd FloorNEW YORK, NY 10036UNITED [email protected], [email protected]

Submission Motion to Suspend for Civil Action

Filer's Name Kaydi Osowski

Filer's email [email protected], [email protected]

Signature /klo/

Date 10/02/2018

Attachments DOUBLE DARE - Motion to Suspend.pdf(5193764 bytes )

http://estta.uspto.gov

1

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

IN THE MATTER OF APPLICATION Mark: DOUBLE DARE Applicant: Armstrong Interactive, Inc. Serial No.: 87766798 Filed: January 23, 2018 Published in the Official Gazette: June 5, 2018 x : VIACOM INTERNATIONAL INC., : : Opposer, : Opposition No.: 91243941 : v. : : ARMSTRONG INTERACTIVE, INC., : : Applicant. : : x

OPPOSER’S MOTION FOR SUSPENSION

PENDING DISPOSITION OF A CIVIL ACTION Pursuant to Trademark Rule 2.117(a), Opposer Viacom International Inc. (“Opposer”)

hereby requests that this proceeding be suspended pending disposition of the civil action

captioned Viacom International Inc. v. Armstrong Interactive, Inc. and Charles Armstrong, No.

18-cv-06117-NRB (S.D.N.Y. filed July 5, 2018) (the “District Court Case”). A copy of the

Complaint and the docket sheet from the District Court Case are attached as Exhibits A and B.

As a preliminary procedural matter, Opposer further respectfully requests that the Board

stay the Opposition pending its decision of the instant motion for suspension and reset the time to

answer, as well as all other trial dates, to run from either the conclusion of the District Court

Case or the Board’s decision on the instant motion. See TBMP § 509.02 (2018) (recommending

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“that the motion to request that the new period or periods be set to run from the date of the

Board’s decision on the motion.”).

The District Court Case

On July 5, 2018, Opposer filed a complaint in the District Court Case in the Southern

District of New York against Applicant Armstrong Interactive, Inc. (“Applicant”) and Mr.

Charles Armstrong seeking declaratory judgment that, among other things, Opposer owns, and

therefore has priority over, the DOUBLE DARE trademark. See Exhibit A.

As detailed in the complaint, Opposer asserted common law rights in the trademark

DOUBLE DARE which predate the filing date of Applicant’s pending trademark applications for

the marks DOUBLE DARE (Ser. No. 87766798) and DOUBLE DARE LIVE (Ser. No.

87921347). Applicant and Mr. Armstrong have yet to file its answer to the complaint because of

their filing of a letter seeking a pre-motion conference in connection with their anticipated

motion to dismiss the complaint in the District Court Case. See Exhibit B. Accordingly, the

District Court Case remains pending.

A Suspension is Warranted Because the District Court Case Will Have a Bearing on the Issues Before the Board

The Board’s longstanding policy to suspend trademark oppositions in favor of civil

actions is based on judicial economy. See TBMP § 509.02. Notably, “a decision by the district

court may be binding on the Board whereas a determination by the Board as to [an applicant’s]

right to obtain or retain a registration would not be binding or res judicata in respect to the

proceeding pending before the court.” New Orleans Louisiana Saints LLC v. Who Dat? Inc., 99

U.S.P.Q.2d 1550, 1552 (T.T.A.B. 2011) (citing Whopper-Burger, Inc. v. Burger King Corp., 171

U.S.P.Q. 805, 807 (T.T.A.B. 1971)). The policy does not require the civil action to be

dispositive of the Board proceeding. Id. Indeed, the civil action “need only have a bearing on

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the issues before the Board.” Id. (citing Trademark Rule 2.117(a)). As long as the Board is able

to ascertain that the federal court’s decision “may have a bearing on the issues before the Board,”

it is not even necessary for an issue to be joined in either the civil action or the Board proceeding

prior to the issuance of the suspension order. TBMP § 510.02(a).

Opposer more than satisfies the requirements for suspension. Here, the District Court

Case not only “may” have a bearing on the issues before the Board in this Opposition, as

Trademark Rule 2.117(a) provides, but it is certain that the District Court Case will have a

bearing on the issues in this Opposition. If Opposer is successful in the District Court Case and

obtains a declaratory judgment that it owns and has priority over the DOUBLE DARE mark,

Applicant will be prohibited from using said mark (or any mark confusingly similar thereto) and

thus would not be entitled to registration of Application Ser. No. 87766798 for the mark

DOUBLE DARE at issue in this Opposition.

Conclusion

Based on the above, Opposer respectfully requests that the Board grant its Motion for

Suspension.

Respectfully submitted,

Viacom International Inc.

Dated: October 2, 2018 By: /klo/ Kaydi Osowski

Emily Stubbs 1515 Broadway, 34th Floor New York, New York 10036 (212) 846-8594 Attorneys for Opposer

4

CERTIFICATE OF SERVICE

I hereby certify that the foregoing OPPOSER’S MOTION FOR SUSPENSION

PENDING DISPOSITION OF A CIVIL ACTION is being served upon counsel for Applicant by

emailing a true copy thereof to:

Howard David Leib [email protected]

on October 2, 2018

/klo/ Kaydi Osowski

EXHIBIT A

4813-0454-8204v.2 0090476-000007

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

VIACOM INTERNATIONAL INC.

Plaintiff, v.

ARMSTRONG INTERACTIVE, INC. and CHARLES ARMSTRONG,

Defendants.

CIVIL ACTION NO. 18-CV-_________

COMPLAINT

Plaintiff Viacom International Inc. (“Plaintiff” or “Viacom”), by and through its

undersigned attorneys Davis Wright Tremaine LLP, as and for its complaint against Armstrong

Interactive, Inc. (“AI”) and Charles Armstrong (collectively, “Defendants”), respectfully alleges

as follows, on personal knowledge as to Viacom’s own activities and on information and belief

as to the activities of others:

THE PARTIES

1. Plaintiff is a corporation organized and existing under the laws of the State of Delaware,

with its principal place of business in New York, New York.

2. Upon information and belief, AI is a corporation organized and existing under the laws of

the State of Delaware, with its principal place of business in Somers, New York.

3. Upon information and belief, Mr. Armstrong is the owner, President and Chief Executive

Officer of AI and has served in this capacity since the formation of AI in 2000. As such, Mr.

Armstrong runs the operations of AI and is the principal architect of Defendants’ illegal scheme

to trade upon the goodwill associated with the DOUBLE DARE Mark.

Case 1:18-cv-06117-NRB Document 10 Filed 07/06/18 Page 1 of 14

4813-0454-8204v.2 0090476-000007 2

JURISDICTION AND VENUE

4. Plaintiff seeks a declaration of its rights, pursuant to 28 U.S.C. §§ 2201(a) and 2202, to

resolve an actual controversy within this Court’s jurisdiction. The Court has subject matter

jurisdiction pursuant to 28 U.S.C. § 1331, as this action arises under the trademark laws of the

United States.

5. The Court has personal jurisdiction over Defendants because Defendants’ principal place

of business is located in the State of New York. Moreover, upon information and belief,

Defendants engage in continuous and systematic business activities in the State of New York by,

among other things, producing television programming in New York.

6. Venue is proper pursuant to 28 U.S.C. § 1391(b) and (c) because AI is headquartered in

this Judicial District and, upon information and belief, Mr. Armstrong is a resident of the State of

New York in which this Judicial District is located. Venue is further proper pursuant to 28

U.S.C. § 1391(b)(2) because a substantial part of the events giving rise to the causes of action

alleged herein occurred in this Judicial District.

GENERAL ALLEGATIONS

I. Viacom Has Priority of Use of the Famous DOUBLE DARE Marks

7. On October 6, 1986, Nickelodeon, an American cable and satellite television network for

children and families owned by Viacom, premiered a game show series, under the trademark

DOUBLE DARE (“DOUBLE DARE Mark”), on which two teams compete to win cash prizes

by answering trivia questions and completing messy stunts known as physical challenges.

8. Nickelodeon was (and remains) an extremely popular television network. As of

September 2017, Nickelodeon was the number-one-rated advertising-supported basic cable

network for 22 consecutive years, featuring leading original and licensed series for kids across


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animation, live action and preschool formats. In 2017, Nickelodeon reached approximately 602

million cumulative television subscribers in 177 countries worldwide, excluding branded

programming blocks.

9. When it premiered in 1986, DOUBLE DARE became an instant success for Nickelodeon.

The show more than tripled ratings for Nickelodeon’s afternoon block within a month. The

original series continued to be produced for approximately seven years until February 6, 1993.

10. Over its long run, DOUBLE DARE became a household name for many children. As a

testament to the show’s enduring fame, in 2013 -- twenty years after the original series stopped

production -- TV Guide named DOUBLE DARE one of the 60 greatest game shows of all time.

A true and accurate copy of the TV Guide article is attached as Exhibit A.

11. Viacom further capitalized on the popularity of the DOUBLE DARE show by creating

multiple spin-offs that followed the same game show format, including: (i) SUPER SLOPPY

DOUBLE DARE, which premiered on August 2, 1987 and ran through September 8, 1989; (ii)

FAMILY DOUBLE DARE, which premiered on April 3, 1988 and ran through February 6,

1993; and (iii) DOUBLE DARE 2000, which premiered on January 22, 2000 and ran through

November 10, 2000.

12. Episodes of DOUBLE DARE and its spin-offs (the “DOUBLE DARE Programming”)

continued to air in syndication on Nickelodeon and its affiliated networks through at least 2016.

13. On November 23, 2016, thirty years after the original DOUBLE DARE series first aired,

Viacom produced and aired a DOUBLE DARE anniversary special that featured vintage footage

and new competitions. True and accurate copies of articles promoting the special are attached as

Exhibit B.

14. The anniversary special was a success. It was watched by 1.126 million viewers,


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making it the third-most viewed non-sports original cable telecast for viewers aged 18-34 that

day. A true and accurate copy of the Nielsen Media Research ranking for cable programming on

November 23, 2016 is attached as Exhibit C.

15. Since at least as early as May 2013, Plaintiff has sold and continues to sell

compilations of the DOUBLE DARE Programming on Amazon and iTunes. True and accurate

examples of the programming currently available for purchase are attached as Exhibit D.

16. In addition to television programming, Plaintiff has also used the DOUBLE

DARE Mark in connection with live events. From May 21, 2012 to May 31, 2016, Viacom

produced a live stage version of DOUBLE DARE at its Nickelodeon Suites Resort in Orlando,

and since June 2016, Viacom has produced another live stage version of DOUBLE DARE at its

Nickelodeon Universe theme park in the Mall of America. True and accurate copies of articles

promoting the shows are attached as Exhibit E.

17. Viacom has also consistently used and/or licensed the DOUBLE DARE Mark on a

variety of consumer goods, including DVDs, t-shirts, socks, costumes and board games. True

and accurate of the goods sold are attached as Exhibit F.

18. Therefore, over the past three decades, Viacom has continuously used the DOUBLE

DARE Mark in connection with television programming, live events, and a variety of consumer

products. In addition, Viacom has spent significant sums advertising and promoting the

DOUBLE DARE Programming. As a result, the DOUBLE DARE Mark has become instantly

recognizable to a generation of children as referring to the Nickelodeon game shows.

19. In 1987 and 1988, Viacom’s predecessor in interest obtained registrations for the

DOUBLE DARE Mark for use in connection with, inter alia, production and distribution of a

children’s game show television program, apparel, publications, namely books about game


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shows and games. Despite Viacom’s continuous use of the DOUBLE DARE Mark, its

registrations expired in 2001 and 2002.

II. The Present Dispute

20. On January 23, 2018, AI filed, based on an intent to use, application no. 87766798 with

the USPTO to register DOUBLE DARE (the “AI DOUBLE DARE Application”) in connection

with:

(i) “interactive entertainment software, namely, video game programs, computer game programs, computer game software; pre-recorded musical sound recordings, audio recordings, audio cassettes, compact discs, digital audio discs, phonograph records, musical video recordings, video recordings, video cassettes, video discs, DVDs, CD-ROMs, all featuring educational content for infants and children; children’s educational computer software featuring educational content for infants and children,” in Class 9;

(ii) “clothing, namely, t-shirts, shirts, caps, pants and jackets,” in Class 25; (iii) “toys, games and playthings, namely, plush toys, stuffed toys, talking toys, toy

figures, dolls, toy models, toy vehicles, water toys, wind-up toys, children’s multiple activity toys, construction toys, board games, action skill games, card games, electronic action toys, electronic toy vehicles, electronic learning toys, electronic games for the teaching of children, toy musical instruments, collectible toy animals and toy figurines, puzzles, and handheld electronic game units; computer and video game apparatus, namely, video game machines for use with televisions; toy modeling compounds and accessories for use therewith, namely, molds and extruders,” in Class 28; and

(iv) “entertainment, namely, a continuing children’s show, and segments thereof, broadcast over television, cable television and the internet,” in Class 41.

A true and correct copy of the AI DOUBLE DARE Application is attached as Exhibit G.

21. By letter dated May 3, 2018 to Viacom, AI expressed concerns about media reports that

Nickelodeon would be “producing and airing a new television program under the name “Double

Dare”. AI claimed superior rights in DOUBLE DARE based on the AI DOUBLE DARE

Application and demanded that Viacom cease and desist any efforts to produce its DOUBLE

DARE show, unless it agreed to license the rights from AI.

22. In the May 3 letter, AI expressed its intent to “enforce our rights to the fullest” in the

event that Viacom moves ahead with its plans to relaunch the DOUBLE DARE show without a


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license from AI. A true and correct copy of AI’s letter is attached as Exhibit H.

23. AI further warned Viacom that if it decided to go forward with its scheduled relaunch of

the DOUBLE DARE show, it “[did] so at its own risk.”

24. On May 8, 2018, Viacom responded to AI by, among other things, detailing its

continuous and extensive use since 1986 of the DOUBLE DARE Mark, affirming its rights to the

DOUBLE DARE Mark and requesting an agreement whereby AI withdraws the AI DOUBLE

DARE Application and ceases use of the mark and any variants thereof. Viacom requested

assurance by May 22, 2018. In the May 8 letter, Viacom also affirmed its intention to relaunch

the DOUBLE DARE show. A true and correct copy of the May 8 letter is attached as Exhibit I.

25. On May 13, 2018, five days after Viacom’s letter, AI registered the domain name

<doubledarelive.com> (the “AI Domain Name”). A true and correct copy of the WHOIS

information for the AI Domain Name is attached as Exhibit J.

26. On May 14, 2018, Viacom filed, based on an intent to use, the following trademark

applications with the United States Patent and Trademark Office (“USPTO”):

DOUBLE DARE (application no. 87920341) in connection with “entertainment services in the nature of a continuing competition-based program series, featuring live action, comedy and drama provided through cable television, broadcast television, internet, video-on-demand, and through other forms of transmission media; providing online information in the field of entertainment concerning television programs; entertainment services, namely, organizing, producing and presenting live events in the nature of a competition-based game show,” in Class 41;

NICKELODEON DOUBLE DARE (application no. 87920333) in connection with “entertainment services in the nature of a continuing competition-based program series, featuring live action, comedy and drama provided through cable television, broadcast television, internet, video-on-demand, and through other forms of transmission media; providing online information in the field of entertainment concerning television programs; entertainment services, namely, organizing, producing and presenting live events in the nature of a competition-based game show,” in Class 41;

DOUBLE DARE (application no. 87920329) in connection with “clothing, namely, shirts, t-shirts, sweatshirts, sweaters, blouses, pants, jeans, trousers, shorts, suits, underwear, pajamas, jackets, coats, vests, socks, stockings, tights, dresses, skirts, swimwear; headwear, namely, hats, caps, beanies, visors, headbands, bandanas; clothing accessories, namely, belts, ties,


4813-0454-8204v.2 0090476-000007 7

neckties, gloves, mittens, scarves; footwear, namely, boots, shoes, sandals, slippers; Halloween costumes,” in Class 25;

NICKELODEON DOUBLE DARE (application no.87920326) in connection with “clothing, namely, shirts, t-shirts, sweatshirts, sweaters, blouses, pants, jeans, trousers, shorts, suits, underwear, pajamas, jackets, coats, vests, socks, stockings, tights, dresses, skirts, swimwear; headwear, namely, hats, caps, beanies, visors, headbands, bandanas; clothing accessories, namely, belts, ties, neckties, gloves, mittens, scarves; footwear, namely, boots, shoes, sandals, slippers; Halloween costumes,” in Class 25;

DOUBLE DARE (application no.87920336) in connection with “toys, games and playthings, namely, dolls and accessories therefor, action figures, action figure play sets, character figures, character figure play sets, toy figurines, plush toys, toy vehicles and accessories therefor, children’s multiple activity toys, toy building sets, children’s educational toys for developing cognitive skills, ride-on toys, construction toys, parlor games, puzzles, role-playing games, card games, board games, interactive board games, action skill games, action target games, electronic hand-held games for use with external display screen or monitor and electronic action toys,” in Class 28; and

NICKOLODEON DOUBLE DARE (application no.87920338) in connection with “toys, games and playthings, namely, dolls and accessories therefor, action figures, action figure play sets, character figures, character figure play sets, toy figurines, plush toys, toy vehicles and accessories therefor, children’s multiple activity toys, toy building sets, children’s educational toys for developing cognitive skills, ride-on toys, construction toys, parlor games, puzzles, role-playing games, card games, board games, interactive board games, action skill games, action target games, electronic hand-held games for use with external display screen or monitor and electronic action toys,” in Class 28.

27. On May 15, 2018, one week after Viacom’s letter, AI filed an additional intent-to-use

trademark application no. 87921347 for DOUBLE DARE LIVE for entertainment services,

namely, “arranging and conducting live, interactive, game shows online and through mobile

apps,” in Class 41 (the “AI DOUBLE DARE LIVE Application”). A true and correct copy of the

AI DOUBLE DARE LIVE Application is attached as Exhibit K.

28. Although Viacom had requested a response from AI by May 22, AI did not respond by

that date. Instead, on June 4, 2018, after registering the AI Domain Name and filing the AI

DOUBLE DARE LIVE Application, counsel for AI sent a letter to Viacom further asserting AI’s

rights to DOUBLE DARE, and stating that if Viacom produced, marketed and aired its recently

announced DOUBLE DARE revival show, “[i]t is Armstrong Interactive’s intent to fully

prosecute its applications and, when they are granted, to bring action against Viacom for


4813-0454-8204v.2 0090476-000007 8

infringement.” A true and accurate copy of the June 4 letter is attached as Exhibit L.

29. Viacom sought an extension of time to oppose the AI DOUBLE DARE Application on

June 6, 2018, which was granted the same day.

30. Viacom’s reboot of the DOUBLE DARE series premiered on June 25, 2018.

III. Defendants’ Practice of Seeking to Exploit the Goodwill of Other Popular Shows

31. Upon information and belief, Defendants’ actions related to DOUBLE DARE are part of

their practice of seeking to register and actually registering trademarks for well-known children’s

shows and attempting to exploit or actually exploiting the goodwill associated with the shows. In

addition to DOUBLE DARE, these shows include (1) WONDERAMA, (2) COMMUNITY

AUDITIONS: STAR OF THE DAY, (3) KIDS ARE PEOPLE TOO and (4) ROMPER ROOM.

32. Upon information and belief, WONDERAMA is a children’s television show that

initially aired from 1955 to 1977 and from 1980 to 1987. WONDERAMA aired on its

originating station, WNEW-TV in New York City, as well as in five other metropolitan markets.

WONDERAMA typically aired on Sunday mornings. During the period of 1967 to 1977,

WONDERAMA was hosted by Bob McAllister and it included education, music, audience

participation, games, interviews, and cartoon shorts.

33. On March 21, 2008, AI filed an intent to use application for WONDERAMA for use in

connection with “entertainment in the nature of an ongoing television show featuring a host, live

characters, puppets, guests, games and story-telling; entertainment in the nature of personal

appearances by the host and cast of a television series featuring a host, live characters, puppets,

guests, games and story-telling” in Class 41 (Ser. No. 77428324). AI’s application for

WONDERAMA was allowed on March 9, 2010. After filing and being granted 5 extensions of

time to submit a statement of use, AI was still unable to prove use of WONDERAMA and its


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application was ultimately abandoned on April 8, 2013.

34. Four days after AI’s first application for WONDERAMA was abandoned, on April 12,

2013, AI filed a second intent to use application for WONDERAMA for use in connection with

“entertainment in the nature of an ongoing television show featuring a host, live characters,

puppets, guests, games and story-telling; entertainment in the nature of personal appearances by

the host and cast of a television series featuring a host, live characters, puppets, guests, games

and story-telling” in Class 41. AI filed a statement of use and corresponding specimen for its

second WONDERAMA application on February 7, 2017, claiming a date of first use of

December 25, 2016. AI’s second trademark application for WONDERAMA matured to

registration on April 11, 2017 (Reg. No. 5181841).

35. AI now airs episodes of WONDERAMA via the Internet at www.wonderamatv.com.

36. Upon information and belief, COMMUNITY AUDITIONS: STAR OF THE DAY, is a

television talent search program originating from Boston which aired for 37 years from 1950 to

1987.

37. On June 14, 2006, AI filed an intent to use application for STAR OF THE DAY for use

in connection with, inter alia, “entertainment in the nature of on-going television programs in the

field of talent shows” in Class 41. AI filed a statement of use and corresponding specimen for its

STAR OF THE DAY application on February 26, 2008, claiming a date of first use of April 29,

2007. AI’s trademark application for STAR OF THE DAY matured to registration on May 20,

2008 (Reg. No. 3433277).

38. On April 26, 2006, AI filed an intent to use application for COMMUNITY AUDITIONS

for use in connection with “communications services, namely, transmitting streamed sound and

audio-visual recordings via the internet; radio broadcasting; television broadcasting” in Class 38.


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AI filed a statement of use and corresponding specimen for its COMMUNITY AUDITIONS

application on January 23, 2008, claiming a date of first use of April 29, 2007. AI’s trademark

application for COMMUNITY AUDITIONS matured to registration on May 12, 2008 (Reg. No.

3429011).

39. On June 11, 2017, AI filed a second, use based application for COMMUNITY

AUDITIONS for use in connection with “entertainment services in the nature of radio and

television programs featuring talent contests” in Class 41, claiming a date of first use of April 29,

2007. AI’s second trademark application for COMMUNITY AUDITIONS matured to

registration on May 1, 2018 (Reg. No. 5457232).

40. AI began producing the show COMMUNITY AUDITIONS in 2007 and now claims, at

the website it owns, www.communityauditions.com, that the show is “the nation’s longest

running entertainment TV series in history.”

41. Upon information and belief, KIDS ARE PEOPLE TOO is an American television series

that ran on Sunday mornings from 1978 to 1982 on ABC. The series was a variety/news

magazine show oriented towards kids with the intention of recognizing them as people. During

its four-year run, the series was nominated for five Emmy Awards and won the 1978 Emmy

Award for Outstanding Children's Entertainment Series. The series included celebrity interviews,

cartoons, music, and other information that appealed to children. It was hosted by Bob

McAllister, who had previously hosted WONDERAMA.

42. On July 7, 2011, AI filed an intent to use application for KIDS ARE PEOPLE TOO for

use in connection with “entertainment in the nature of an ongoing television show featuring a

host, live characters, puppets, guests, games and story-telling; entertainment in the nature of

personal appearances by the host and cast of a television series featuring a host, live characters,


4813-0454-8204v.2 0090476-000007 11

puppets, guests, games and story-telling” in Class 41 (Ser. No. 85365177). AI’s application for

KIDS ARE PEOPLE TOO was allowed on January 31, 2012. After filing and being granted 5

extensions of time to submit a statement of use, AI was still unable to prove use of KIDS ARE

PEOPLE TOO and its application was ultimately abandoned on March 9, 2015.

43. Approximately 6 weeks before AI’s first application for KIDS ARE PEOPLE TOO was

abandoned, on January 29, 2015, AI filed a second intent to use application for KIDS ARE

PEOPLE TOO for use in connection with “entertainment in the nature of an ongoing television

show featuring a host, live characters, puppets, guests, games and story-telling; entertainment in

the nature of personal appearances by the host and cast of a television series featuring a host, live

characters, puppets, guests, games and story-telling” in Class 41 (Ser. No. 86518066). AI’s

second application for KIDS ARE PEOPLE TOO was allowed on August 18, 2015. As of this

filing, AI has not yet proven use of KIDS ARE PEOPLE TOO.

44. Upon information and belief, ROMPER ROOM is an American children’s television

series targeted to preschoolers that was franchised and syndicated from 1953 to 1994. Romper

Room was also franchised internationally at various times in Canada, the United Kingdom,

Japan, Finland, New Zealand and Australia.

45. On November 23, 2015, AI filed an intent to use application for ROMPER ROOM for

use in connection with “clothing, namely, t-shirts, pants, caps, and jackets” in Class 25; and

“entertainment in the nature of an ongoing television show featuring a host, live characters,

puppets, guests, games and story-telling; entertainment in the nature of personal appearances by

the host and cast of a television series featuring a host, live characters, puppets, guests, games

and story-telling” in Class 41 (Ser. No. 86829166). AI’s application for ROMPER ROOM is

currently suspended.


4813-0454-8204v.2 0090476-000007 12

46. True and accurate copies of AI’s trademark registrations and applications for the marks

discussed above are attached as Exhibit M.

47. AI filed the AI DOUBLE DARE LIVE Application and registered the AI Domain Name

after receiving Viacom’s May 8 letter detailing its continuous and extensive use since 1986 of

the DOUBLE DARE Mark, affirming its rights to the DOUBLE DARE Mark and requesting an

agreement whereby AI withdraws the AI DOUBLE DARE Application and ceases use of the

mark and any variants thereof. As such, AI’s actions are in bad faith.

48. Defendants’ threat of litigation particularly given their practice of appropriating the

goodwill associated with past television series and Viacom’s DOUBLE DARE show has created

an immediate conflict, and Viacom seeks this declaratory judgment to confirm its superior rights

in the DOUBLE DARE Mark.

CLAIMS FOR RELIEF

COUNT ONE

(Declaratory Judgment for Non-infringement)

49. Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 48.

50. Since October 6, 1986, Viacom has had priority of use of the DOUBLE DARE Mark, and

over the past three decades, Viacom has continuously used the DOUBLE DARE Mark in

connection with enormously popular television programming, live events, and a variety of

consumer products.

51. Defendants have claimed that Viacom’s relaunch of the DOUBLE DARE show on June

25, 2018, will infringe on their rights based on the AI DOUBLE DARE Application filed on

January 23, 2018. Defendants have threatened to bring a lawsuit against Viacom on this basis.

52. Defendants have put Viacom in a position of having to choose between abandoning its


4813-0454-8204v.2 0090476-000007 13

long-standing rights in the DOUBLE DARE Mark and not going forward with the relaunch of

the DOUBLE DARE show or risking litigation.

53. An actual, present and justiciable controversy has arisen between Viacom and Defendants

concerning Viacom’s ownership of the DOUBLE DARE Mark.

54. Viacom seeks a declaratory judgment from this Court that Viacom owns, and therefore

has priority over, the DOUBLE DARE Mark and that Viacom’s relaunch of the DOUBLE

DARE show does not constitute trademark infringement, dilution, unfair competition or any

other related claims with respect to Defendants’ claimed rights in DOUBLE DARE and

DOUBLE DARE LIVE.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment as follows:

55. Enter judgment declaring that Viacom owns the DOUBLE DARE Mark, has priority over

the Defendants to that Mark, and Viacom’s relaunch of the DOUBLE DARE show does not

constitute trademark infringement, dilution, unfair competition or any other related claims with

respect to Defendants’ claimed rights in DOUBLE DARE and DOUBLE DARE LIVE;

56. Award Viacom its costs and attorneys’ fees in this action; and

57. Enter such other and further relief to which Viacom may be entitled as a matter of law or

equity, or which this Court determines to be just and proper.


4813-0454-8204v.3 0090476-000007 14

Dated: July 5, 2018 Respectfully submitted,

By: /L. Danielle Toaltoan/

DAVIS WRIGHT TREMAINE LLP G. Roxanne Elings ([email protected]) L. Danielle Toaltoan ([email protected]) 1251 Avenue of the Americas New York, New York 10020 Telephone: (212) 489-8230 Facsimile: (212) 489-8340 Attorneys for Plaintiff Viacom International

Inc.


EXHIBIT A

Case 1:18-cv-06117-NRB Document 10-1 Filed 07/06/18 Page 1 of 5

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EXHIBIT B


Double Dare: Nickelodeon to Run 30th Anniversary Special Episode - canceled TV shows - TV Series Finale

https://tvseriesfinale.com/tv-show/double-dare-nickelodeon-30th-anniversary-special/[5/3/2018 4:30:01 PM]

Double Dare: Nickelodeon to Run 30 th Anniversary Special Episode

by Cindy McLennan, October 6, 2016

A comedic kids’ game show — Double Dare premiered on Nickelodeon 30 years ago, today, on October 6, 1986. In honor

of the TV show’s 30 th anniversary, Nickelodeon will air a Double Dare Anniversary special on Wednesday, November

23, 2016 at 9:00pm.

Original host Marc Summers will reunite with announcer Harvey (J ohn Harvey), and stage assistant Robin Marella. Get

the details from this Nickelodeon press release.

NICKELODEON ANNOUNCES BRAND-NEW DOUBLE DARE SPECIAL COMMEMORATING ICONIC GAME SHOW’S 30TH ANNIVERSARY YEAR, WEDNESDAY, NOV. 23, AT 9 P.M. (ET/PT)

NICKELODEON ANNOUNCES BRAND-NEW DOUBLE DAR E SPECIAL COMMEMORATING

“

NEWS CANCELLED OR RENEWED? TV RATINGS ABOUT


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ICONIC GAME SH OW ’S 30 TH ANNIVERSARY YEAR, W EDNESDAY, NOV. 2 3 , AT 9 P.M.

(ET/ PT)

Do u b le Da r e Spe cial Airs Than ksgivin g W e e ke n d Alo n gs ide Leg en d s o f t he H id d en Tem p le

TV Mo vie

# Do uble Dare 30

Tw itte r @the splat, In s tagram @the splatgram , Face bo o k, Sn apchat @the splatchat

NEW YORK– Oct. 6 , 2 0 16 – On your mark, get set, go! In celebration of the 30 th anniversary year of

Double Dare, which originally launched this day, Oct. 6, 1986, Nickelodeon will reunite original host Marc

Summers with his beloved announcer Harvey and right-hand woman Robin, for a brand-new

commemorative special premiering Wednesday, Nov. 23, at 9 p.m. (ET/ PT) on Nick at Nite. Featuring

vintage footage, behind-the-scenes content and messy new games taped this year, the half-hour special will

let fans revisit their favorite game show from their childhood. The special will encore at 10 p.m. (ET/ PT) on

Nickelodeon’s The Splat, the network’s programming block dedicated to Nick’s legendary library of hits

from the ‘90s and 2000s.

“Double Dare was the show for a particular generation,” said Summers. “For the kids of the ‘80s and ‘90s,

they laughed and learned, and got messy in the process. Thirty years later, I believe it’s still the gold

standard.”

Double Dare originally aired from 1986-1993 on Nickelodeon, making it the network’s longest running

game show. Hosted by Summers, the series consisted of two-member teams of kids competing to win cash

and prizes by answering trivia questions, completing messy, physical challenges and facing the infamous

obstacle course.

The Double Dare special will kick off a holiday weekend that also includes the premiere of Legends of the

Hidden Tem ple, an original TV movie inspired by the ‘90s game show of the same name, on Saturday, Nov.

26, at 8 p.m. (ET/ PT). The new action-adventure TV movie follows three siblings who break away from a

lackluster tour in a jungle, finding themselves immersed in a high-stakes adventure comprised of obstacles

that they must complete in order to escape alive. The TV movie will feature many elements from the

original game show including: Olmec, the legendary talking head; The Steps of Knowledge, the entrance to

the temple and launching pad for the mission; and appearances from a green monkey, red jaguar, and silver

snakes, among others.

Nickelodeon, now in its 37 year, is the number-one entertainment brand for kids. It has built a diverse,

global business by putting kids first in everything it does. The company includes television programming

and production in the United States and around the world, plus consumer products, online, recreation,

books and feature films. Nickelodeon’s U.S. television network is seen in more than 90 million households

and has been the number-one-rated basic cable network for 20 consecutive years.

What do you think? Were you a fan of the Double Dare TV series? Do you plan to watch the 30 th Anniversary special on

Nickelodeon? Let us know, below.

th


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EXHIBIT C


Wednesday 11/23/2016Ranked On : (000) P 18‐34Original Non‐Sports Cable Programmiing

P 18‐34Rank Date Program Net Day Time Dur AA(000)

1 11/23/2016 BROADCASTING CHRISTMAS HALL Wed 08:00P‐10:00P 120 214

2 11/23/2016 BROS TAKE NO WED 9P HGTV Wed 09:00P‐10:00P 60 210

3 11/23/2016 DOUBLE DARE MSU 9P NAN Wed 09:00P‐09:30P 30 197

4 11/23/2016 LWDA WED 10P/2A LIFE Wed 10:02P‐11:02P 60 175

5 11/23/2016 DUCK DYN WED 9P/1A AEN Wed 09:00P‐09:31P 31 169

6 11/23/2016 QUEEN SUGAR /P4 OWN Wed 10:00P‐11:00P 60 168

7 11/23/2016 MUPPETS MOVIE TOON Wed 06:00P‐08:00P 120 168

8 11/23/2016 COOKS VS. CONS WED 9P FOOD Wed 09:00P‐10:00P 60 161

9 11/23/2016 HOUSE HUNTERS WED 10P HGTV Wed 10:00P‐10:30P 30 157

10 11/23/2016 HOUSE HUNT INTL WED 1030P HGTV Wed 10:30P‐11:00P 30 150

Source: Nielsen Media Research ‐ Viewing Type: Live+SD


Coverage Area Market Break Demographic Interval Originator Program Name

Total US Composite Persons 2 - 99 11/23/2016 - 11/23/2016 NICK-AT-NITE DOUBLE DARE

Source: Nielsen Media Research ‐ Viewing Type: Live+SD


Playback Period

Telecast

Count

Total

Duration

MC US AA

Proj (000)

Live+SD | TV with Digital | Linear with VOD 1 30 1,126


EXHIBIT D


(7) 8.0/10

On your mark, get set, go! Join four contestants as they answer questions

and take on messy physical challenges (like running in a giant hamster

wheel, popping balloons filled with shaving cream, and more) for the

chance to win Super Sloppy Double Dare!

Available to watch on supported devices.

Season 1

Redeem a gift card or promotion code

Buy Episode 1 SD $1.99

Buy Season 1 SD $5.99

Add Season to Watchlist

By placing your order or playing a video, you agree to our Terms of Use. Sold by Amazon Digital Services LLC. Additional taxes may apply.

1. Fly Wall

If, thousands of years from now, this episode is the only record of 20th-century humanity, its

viewers will believe we spent much more time crammed between two enormous slices of fake

bread than we actually did.

TV-G Language: English Runtime: 24 minutes Release date: October 6, 1986

Buy SD $1.99

2. Egg Toss

This episode opens on a bunch of kids moving potatoes from one side of a room to the other,

making everyone question if this episode came out in 1987 or 1887.


Buy SD $1.99

3. Party Nuts

Marc Summers throws down some nasty trivia questions, including a few deep pulls about

lady bugs. Later in the episode, the contestants go down a slide into a mound of mush.


Buy SD $1.99

4. Spilled Milk

This episode is so goopy, so squishy, so squirmy, so oozy, and so sloppy that you're going to

need nine showers just to rinse off the first layer of slime. Yet somehow Marc Summers keeps

his shoes as white as his pristine teeth.


Buy SD $1.99

5. Bottomless Buckets

In one of the most incredible and important moments in television history, this episode starts

with the contestants squirting milk all over their teammates' faces.

Buy SD $1.99

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6. Clowning Putt

Harvey the Announcer wanders onto the set to introduce us to Harvey's Donuts. The

contestants have to put them on their heads, but by the sinister grin on Harvey's face I think

the real joke is on all of us.


Buy SD $1.99

7. Hawaiian Toss

Things get very real when Marc and Harvey discuss the two times Harvey has been struck by

lightning. He says he is lucky to be alive.


Buy SD $1.99

Product details

Genres Kids

Season year 1986

Network NICKELODEON

Purchase rights Stream instantly Details

Format Prime Video (streaming online video)

Devices Available to watch on supported devices

Customer Reviews

4.8 out of 5 stars

Top customer reviews

Double Dare

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4 star 14%

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(13) 7.3/10

Get messy with Family Double Dare! Two teams of family members

compete for awesome prizes. If one family doesn't know the answer to a

question, they can Dare or Double Dare their opponents to answer, or they

can complete a messy physical challenge!

Available to watch on supported devices.

Season 1

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Buy Episode 1 SD $1.99

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1. FDD 201A

The Awesomes and The Blasters compete in challenges that include a whipped cream-filled

balloon popping race, and making human jelly rolls. Can the winning team complete the final

obstacle course in time to win a brand new car?

TV-Y Language: English Runtime: 24 minutes Release date: March 24, 1996

Buy SD $1.99

2. FDD 204C

It's The Kandy Kanes vs. The Holders in a saucy competition that includes "human spaghetti"

and a hot dog toss. Which team is willing to get messy enough to win and have a shot at

winning a brand new car in the final obstacle course?

TV-Y Language: English Runtime: 24 minutes Release date: April 6, 1997

Buy SD $1.99

3. FDD 207D

The Troopers take on The Scatter Brains in this messy battle that pits two families against

each other in challenges like egg whipping and water balloon basketball. Which team makes

it to the final obstacle course for a chance to win a brand new car?

TV-Y Language: English Runtime: 24 minutes Release date: May 4, 1997

Buy SD $1.99

4. FDD 210D

The Goop Busters and The Avengers pop whipped cream-filled balloons in a balloon popping

contest and toss newspapers and report cards in "Honey I'm Home Ha Ha Ha" all for the

opportunity to run through the final obstacle course and win a brand new car.

TV-Y Language: English Runtime: 24 minutes Release date: May 18, 1997

Buy SD $1.99

5. FDD 236M

Buy SD $1.99

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Page 1 of 4Amazon.com: Family Double Dare Volume 1: Amazon Digital Services LLC

5/4/2018https://www.amazon.com/FDD-201A/dp/B00GJ2F3D2/ref=sr_1_1/140-1162909-3638045?...


The Running Reds and the Blue Flames get wet and wild in fun challenges including a water

balloon rainbow and orange juicing hats. The winning team competes in an obstacle course

including a giant waffle and a moon crater to win a new car!

TV-Y Language: English Runtime: 24 minutes Release date: June 29, 1997

6. FDD 240N

No Clue Crew throw brains into Frankenstein's head and catapult logs on a beaver tail to build

log cabins all in a battle of wills to see who can earn the most points for an opportunity to

win a brand new car!


Buy SD $1.99

7. FDD 303A

The Mean McQueens and The Windy City Players compete in deliciously messy challenges

including squeezing juice and tossing raisins into a giant cereal bowl all for the opportunity to

conquer the obstacle course and win a stay in Niagara Falls!


Buy SD $1.99

Product details

Genres Kids

Season year 1997

Network NICKELODEON

Purchase rights Stream instantly Details

Format Prime Video (streaming online video)

Devices Available to watch on supported devices

Customer Reviews

4.4 out of 5 stars

Top customer reviews

Most recent customer reviews

Three Stars

Fun from the 90's

Published 1 year ago

Three Stars

Seemed cooler when I was a kid

Published on September 25, 2015

13

5 star 62%

4 star 23%

3 star 15%

2 star 0%

1 star 0%

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Page 2 of 4Amazon.com: Family Double Dare Volume 1: Amazon Digital Services LLC

5/4/2018https://www.amazon.com/FDD-201A/dp/B00GJ2F3D2/ref=sr_1_1/140-1162909-3638045?...


Overview Music Video Charts

Description

Dive into the super messy competition with host Marc Summers and the teams as they crawl through chocolate-

filled pipelines, take some pies to the face, pull a flag from a giant nose, cross monkey bars and more for a chance

to take home awesome prizes!

Viewers Also Bought

Customer Reviews

Keep it up, Nick!

by Trlololman

This is awesome. Keep it up with these old game show volumes, I would be more than glad to purchase more of

them.

1988 and 1990 episoded largle in these FDD releases so far....

by Travelsonic

$5.99

SD Version

Genre: Kids

Released: Nov 18, 2013

© 2013 Viacom International

Inc

in English

Customer Ratings

5 Ratings

More Seasons

Family Double Dare, Vol. 2

View in iTunes

Family Double Dare, Vol. 1

View in iTunes

Family Double Dare, Retro Ess…

Family Double Dare, Vol. 3Open iTunes to preview or buy TV shows.

Name Description Time Price

23:19 $1.99 View in iTunes







1 Episode 9 The Scharles and the Lentzs

get messy at the movies, catch

2 Episode 11 When the Dugarys compete

against the Marinis, things get

3 Episode 26 It's the Red Sox vs. the Studs in

a series of messy challenges

4 Episode 34 The 3 M's & Me compete

against the Gulf Screamers in a

5 Episode 42 Two more teams compete to

answer trivia questions and

6 Episode 43 Watch as Desert Heat and Blue

Wave compete in a messy

7 Episode 54 It's the Red Lightning vs. the

Steel Phantoms in a wild

7 Episodes

Figure It Out (Clas…

View in iTunes

The Elf on the Shel…

Season 1

View in iTunes

All That

View in iTunes

Hey Dude

View in iTunes

Mr. Wizard's World

Season 3

View in iTunes

iTunes is the world's easiest way to organize and add

to your digital media collection.

We are unable to find iTunes on your computer. To preview or buy

TV shows, get iTunes now.

Already have iTunes? Click I Have iTunes to open it now.

Page 1 of 2Family Double Dare, Vol. 3 on iTunes

5/4/2018https://itunes.apple.com/us/tv-season/family-double-dare-vol-3/id731993469


And that's awesome. For the first time in ever, most of the 1988 Fox Family Double Dare series is out/released

(between the Retro Essentials and the 3 volumes), and some [so far] 1990 run is out too - no logos, or anything over

them, this is great. .

love all the classic shows

by Wwebritgirl

however i would love it if double dare 2000 was on itunes i would pay for the whole season

View in iTunes

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Page 2 of 2Family Double Dare, Vol. 3 on iTunes

5/4/2018https://itunes.apple.com/us/tv-season/family-double-dare-vol-3/id731993469


EXHIBIT E


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Double Dare Challenge: Birthday Edition – Nickelodeon Universe

https://nickelodeonuniverse.com/event/double-dare-challenge/[5/3/2018 4:19:14 PM]

Tweet

GET DIRECTIONS

MENU

DOUBLE DARE CHALLENGE: BI RTHDAY EDI TI ON

Starting June 16 - August 26

Daily at 1 p.m. & 4 p.m.

10

Like

West Market Square

10 a.m. - 9:30 p.m.TODAY

Swiper’s Sweeper, Closed 4/30 – 5/4

HOURS:

RIDE ALERT:


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Double Dare Challenge: Birthday Edition – Nickelodeon Universe

https://nickelodeonuniverse.com/event/double-dare-challenge/[5/3/2018 4:19:14 PM]

On your mark, get set, GO! It’s time for the Double Dare Challenge: Birthday Edition, at

Nickelodeon Universe. Answer trivia, tackle physical challenges, navigate the super sloppy

Birthday Double Dare obstacle course and get Slimed! The cupcake toss will be epic so get

in the game…if you dare! The Double Dare Challenge: Birthday Edition takes place daily

from June 16th to August 26 at 1:00 and 4:00 in West Market Square.

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EXHIBIT F


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Amazon.com: Nickelodeon Double Dare Splat Logo T-Shirt: Clothing

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Red Double Dare Costume Accessory Kit - Nickelodeon | Party City

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https://investor.partycity.com/investors/default.aspx

https://www.partycity.com/company/careers

https://www.partycity.com/company/partners-promotions

https://www.partycity.com/coupon-landing-page.html

https://www.partycity.com/company/privacy

https://www.partycity.com/customer-service


https://help.digitalinvitations.partycity.com/

https://www.partycity.com/customer-service/contact-us

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EXHIBIT G


Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1478 (Rev 09/2006)

OMB No. 0651-0009 (Exp 02/28/2018)

Trademark/Service Mark Application, Principal Register

Serial Number: 87766798

Filing Date: 01/23/2018

The table below presents the data as entered.

Input Field Entered

SERIAL NUMBER 87766798

MARK INFORMATION

*MARK DOUBLE DARE

STANDARD CHARACTERS YES

USPTO-GENERATED IMAGE YES

LITERAL ELEMENT DOUBLE DARE

MARK STATEMENTThe mark consists of standard characters, without claim to any

particular font style, size, or color.

REGISTER Principal

APPLICANT INFORMATION

*OWNER OF MARK Armstrong Interactive, Inc.

*STREET 10 Route 116

*CITY Somers

*STATE

(Required for U.S. applicants)New York

*COUNTRY United States

*ZIP/POSTAL CODE

(Required for U.S. and certain international addresses)10589

LEGAL ENTITY INFORMATION

TYPE corporation

STATE/COUNTRY OF INCORPORATION New York

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS 025

*IDENTIFICATION Clothing, namely, T-Shirts, shirts, caps, pants and jackets

FILING BASIS SECTION 1(b)


*IDENTIFICATION

Entertainment, namely, a continuing children's show, and

segments thereof, broadcast over television, cable televiion and

the internet;



Interactive entertainment software, namely, video game


../RFA0002.JPG

*IDENTIFICATION

programs, computer game programs, computer game software;

Pre-recorded musical sound recordings, audio recordings,

audio cassettes, compact discs, digital audio discs, phonograph

records, musical video recordings, video recordings, video

cassettes, video discs, DVDs, CD-ROMs, all featuring

educational content for infants and children; Children's

educational computer software featuring educational content

for infants and children



*IDENTIFICATION

Toys, games and playthings, namely, plush toys, stuffed toys,

talking toys, toy figures, dolls, toy models, toy vehicles, water

toys, wind-up toys, children's multiple activity toys,

construction toys, board games, action skill games, card games,

electronic action toys, electronic toy vehicles, electronic

learning toys, electronic games for the teaching of children, toy

musical instruments, collectible toy animals and toy figurines,

puzzles, and handheld electronic game units; Computer and

video game apparatus, namely, video game machines for use

with televisions; Toy modeling compounds and accessories for

use therewith, namely, molds and extruders


ATTORNEY INFORMATION

NAME Howard Leib

FIRM NAME Howard Leib, Esq., PC

STREET 1861 Hanshaw Road

CITY Ithaca

STATE New York

COUNTRY United States

ZIP/POSTAL CODE 14850

PHONE 917-497-2847

FAX 212-545-0909

EMAIL ADDRESS [email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

OTHER APPOINTED ATTORNEY Howard Leib

CORRESPONDENCE INFORMATION

NAME Howard Leib



CITY Ithaca

STATE New York



PHONE 917-497-2847


FAX 212-545-0909

*EMAIL ADDRESS [email protected]

*AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

FEE INFORMATION

APPLICATION FILING OPTION TEAS RF

NUMBER OF CLASSES 4

APPLICATION FOR REGISTRATION PER CLASS 275

*TOTAL FEE DUE 1100

*TOTAL FEE PAID 1100

SIGNATURE INFORMATION

SIGNATURE /hdl/

SIGNATORY'S NAME Howard Leib

SIGNATORY'S POSITION Attorney of Record, New York State Bar member

SIGNATORY'S PHONE NUMBER 917-497-2847

DATE SIGNED 01/23/2018



OMB No. 0651-0009 (Exp 02/28/2018)




To the Commissioner for Trademarks:

MARK: DOUBLE DARE (Standard Characters, see mark)

The literal element of the mark consists of DOUBLE DARE.

The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Armstrong Interactive, Inc., a corporation of New York, having an address of

10 Route 116

Somers, New York 10589

United States

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register

established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 025: Clothing, namely, T-Shirts, shirts, caps, pants and jackets

Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified

goods/services.

International Class 041: Entertainment, namely, a continuing children's show, and segments thereof, broadcast over television, cable

televiion and the internet;


goods/services.

International Class 009: Interactive entertainment software, namely, video game programs, computer game programs, computer game

software; Pre-recorded musical sound recordings, audio recordings, audio cassettes, compact discs, digital audio discs, phonograph records,

musical video recordings, video recordings, video cassettes, video discs, DVDs, CD-ROMs, all featuring educational content for infants and

children; Children's educational computer software featuring educational content for infants and children


goods/services.

International Class 028: Toys, games and playthings, namely, plush toys, stuffed toys, talking toys, toy figures, dolls, toy models, toy

vehicles, water toys, wind-up toys, children's multiple activity toys, construction toys, board games, action skill games, card games, electronic

action toys, electronic toy vehicles, electronic learning toys, electronic games for the teaching of children, toy musical instruments, collectible toy

animals and toy figurines, puzzles, and handheld electronic game units; Computer and video game apparatus, namely, video game machines for

use with televisions; Toy modeling compounds and accessories for use therewith, namely, molds and extruders


goods/services.

The applicant's current Attorney Information:

Howard Leib and Howard Leib of Howard Leib, Esq., PC 1861 Hanshaw Road

Ithaca, New York 14850

United States

917-497-2847(phone)

212-545-0909(fax)

[email protected] (authorized)

The applicant's current Correspondence Information:

Howard Leib

Howard Leib, Esq., PC

1861 Hanshaw Road


../RFA0002.JPG')


917-497-2847(phone)

212-545-0909(fax)


E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's

attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address

must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the

Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to

submit an additional processing fee of $125 per international class of goods/services.

A fee payment in the amount of $1100 has been submitted with the application, representing payment for 4 class(es).

Declaration

Basis:

If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;

The mark is in use in commerce on or in connection with the goods/services in the application;

The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and

To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.

And/Or

If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),

and/or § 1126(e):

The signatory believes that the applicant is entitled to use the mark in commerce;

The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the

application; and


To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the

mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the

goods/services of such other persons, to cause confusion or mistake, or to deceive.

To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the

allegations and other factual contentions made above have evidentiary support.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §

1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration

resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and

belief are believed to be true.

Declaration Signature

Signature: /hdl/ Date: 01/23/2018

Signatory's Name: Howard Leib

Signatory's Position: Attorney of Record, New York State Bar member

Payment Sale Number: 87766798

Payment Accounting Date: 01/24/2018


Internet Transmission Date: Tue Jan 23 15:41:53 EST 2018

TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20180123154153671

625-87766798-510e6152f237018aadf30e4c0e2

f1d4038dcd7a721017749a249be7aa66cdd3-CC-

2107-20180123152907949793


EXHIBIT H


HOWARD D. LEIB, ESQ.1861 Hanshaw Road

Ithaca, NY 14850

Phone: (917) 497-2847, Fax: (212) 545-0909

Email - [email protected], Website - www.howardleiblaw.com

May 3, 2018

Cyma Zarghami

President, Nickelodeon Group

1515 Broadway

New York, NY 10036

Dear Cyma:

It has been some time since we have spoken, I hope this finds you well. I am writing in my

capacity as counsel to Armstrong Interactive, Inc. producers of the Emmy nominated children’s

show WONDERAMA and owners of Trademark Application No. 87766798 for the mark

DOUBLE DARE, in connection with, among other things, “a continuing children's show, and

segments thereof, broadcast over television, cable television and the internet.” It has come to our

attention, through stories we have read in the media, that Nickelodeon is considering producing

and airing a new television program under the name “Double Dare.”

Any actions on the part of Nickelodeon to produce such a program will infringe on the rights my

client expects to obtain upon the final granting of the trademark at issue in Application No.

87766798. We hereby demand that Nickelodeon cease and desist in all efforts to produce a

program under our mark and resolve this matter with Armstrong Interactive regarding the

misleading information Nickelodeon has released to the media regarding ownership of the mark.

The foregoing not withstanding, we are open to discussing with Nickelodeon the possibilities of

Nickelodeon licensing the mark, co-producing the show with us, or serving as distributor for our

own program. Please notify me immediately if you should wish to hold such discussions.

In the absence of an agreement between Nickelodeon and Armstrong Interactive, we intend to

enforce our rights to the fullest in the event that Nickelodeon moves ahead with its plans. Know

that Nickelodeon does so at its own risk.

This letter is sent for the purposes of resolving this dispute only, and is not intended as a

complete statement of my client’s rights, all of which are specifically reserved.

I look forward to hearing from you as to how Nickelodeon plans to resolve this situation.

Best personal regards,

Howard Leib, Esq,


http://www.howardleiblaw.com

EXHIBIT I


KAYDI OSOWSKI COUNSEL, TRADEMARK INTELLECTUAL PROPERTY & LITIGATION 1515 BROADWAY NEW YORK, NY 10036 212.846.7611 [email protected]

May 8, 2018 VIA EMAIL Howard D. Leib, Esq. 1861 Hanshaw Road Ithaca, NY 14850 [email protected] Re: Letter dated May 3, 2018 re: DOUBLE DARE

Dear Mr. Leib:

I write as counsel for Viacom International Inc. (“Viacom”), owner and operator of the Nickelodeon television network, to respond to your letter to Cyma Zarghami dated May 3, 2018, in which you demand “that Nickelodeon cease and desist in all efforts to produce a program under [Armstrong Interactive, Inc.’s] mark and resolve this matter with Armstrong Interactive regarding the misleading information Nickelodeon has released to the media regarding ownership of the [DOUBLE DARE] mark.” As explained more thoroughly below, not only does Viacom strongly disagree with the allegations contained in your letter, but Viacom asserts that Armstrong Interactive, Inc.’s (“AI”) attempt to register the DOUBLE DARE mark infringes upon Viacom’s longstanding trademark rights in DOUBLE DARE.

There is no doubt that AI is aware that Viacom is the owner of the famous DOUBLE

DARE, SUPER SLOPPY DOUBLE DARE, FAMILY DOUBLE DARE, and DOUBLE DARE 2000 properties, including all trademarks and copyrights associated therewith. DOUBLE DARE premiered on Nickelodeon on October 6, 1986 and was an instant success, more than tripling ratings for Nickelodeon’s afternoon block within a month. New episodes of the original DOUBLE DARE series aired through February 6, 1993. Viacom also created multiple DOUBLE DARE spin-off series, including SUPER SLOPPY DOUBLE DARE which premiered on August 2, 1987 and ran through September 8, 1989; FAMILY DOUBLE DARE which premiered on April 3, 1988 and ran through February 6, 1993; and DOUBLE DARE 2000 which premiered on January 22, 2000 and ran through November 10, 2000. Thereafter, episodes of DOUBLE DARE, SUPER SLOPPY DOUBLE DARE, FAMILY DOUBLE DARE, and DOUBLE DARE 2000 continued to air on Nickelodeon and/or its affiliated networks through at least 2016. Further evidencing the enduring popularity and fame of Viacom’s DOUBLE DARE properties, in 2013 TV Guide named DOUBLE DARE one of the 60 greatest game shows of all time. See Exhibit A.


Howard D. Leib, Esq. May 8, 2018 Page 2

Viacom also currently sells compilations of the various DOUBLE DARE properties on Amazon and iTunes, and has done so since at least as early as May 2013. See Exhibit B. Moreover, on November 23, 2016, thirty years after the original DOUBLE DARE series first aired, Viacom produced and aired a DOUBLE DARE anniversary special featuring vintage footage and new competitions. See Exhibit C. The anniversary special was watched by 1.126 million viewers, making it the third-most viewed non-sports original cable telecast for viewers aged 18–34 that day. See Exhibit D. Most recently, on April 25, 2018, Viacom and Nickelodeon announced that DOULBE DARE would be returning to television in Summer 2018. See Exhibit E. This announcement was well-received by both the press and fans of the show. See Exhibit F.

In addition to television programming, Viacom has used the DOUBLE DARE marks in

connection with live events. From May 21, 2012 to May 31, 2016, Viacom produced a live stage version of DOUBLE DARE at its Nickelodeon Suites Resort in Orlando. See Exhibit G. Another live stage version of DOUBLE DARE has been produced by Viacom at its Nickelodeon Universe theme park in the Mall of America since June 2016. See Exhibit H. Viacom has also consistently used and/or licensed the DOUBLE DARE marks on a variety of consumer goods, including DVDs, t-shirts, socks, costumes, and board games. See Exhibit I.

Over the past three decades, Viacom has continuously used the DOUBLE DARE marks

in connection with television programming, live events, and a variety of consumer products. Viacom has spent significant sums advertising and promoting these programs and products and the public has come to associate the DOUBLE DARE marks with Viacom and its network Nickelodeon. In short, the DOUBLE DARE marks are famous and are assets of significant value to Viacom, and are entitled to a broad scope of protection.

By contrast, AI filed a trademark application for the mark DOUBLE DARE on January 23, 2018 based on an intent-to-use the mark in commerce. Viacom’s 30 years of prior use of the DOUBLE DARE mark accords Viacom clear priority over AI, and AI’s planned use would infringe Viacom’s rights. Should AI commence use of the DOUBLE DARE mark for the goods and services contained in its application, consumers will undoubtedly be confused.

AI’s actions constitute trademark infringement, trademark dilution, unfair competition

and false designation of origin in violation of 15 U.S.C. § 1051 et seq. and various state laws, entitling Viacom to seek an award of damages and attorneys’ fees, as well as injunctive relief. AI’s actions are also clearly willful and designed to trade upon the goodwill and reputation of Viacom.

Though Viacom is confident that it would prevail in an action to enforce its rights, it

would prefer to resolve this dispute amicably. Accordingly, Viacom requests that you send me written confirmation no later than close of business on Tuesday, May 22, 2018 that AI agrees to: (i) withdraw its pending trademark application for the mark DOUBLE DARE (Ser. No. 87766798) with prejudice; and (ii) permanently cease all use of the DOUBLE DARE mark and any variants thereof.


Howard D. Leib, Esq. May 8, 2018 Page 3

I look forward to your prompt response. Should you wish to discuss this matter, I can be

reached at 212-846-7911. This letter is sent without prejudice to any and all rights and remedies which Viacom may

have in connection with the above-referenced matter, all of which are hereby expressly reserved.

Sincerely,

Kaydi Osowski


EXHIBIT J


EXHIBIT K



OMB No. 0651-0009 (Exp 02/28/2021)





Input Field Entered


MARK INFORMATION

*MARK DOUBLE DARE LIVE



LITERAL ELEMENT DOUBLE DARE LIVE


particular font style, size, or color.

REGISTER Principal




*CITY Somers

*STATE



*ZIP/POSTAL CODE

(Required for U.S. and certain international addresses)10589


TYPE corporation

STATE/COUNTRY OF INCORPORATION Delaware



*IDENTIFICATIONArranging and conducting live, interactive, game shows online

and through mobile apps



NAME Howard David Leib


STREET 1861 Hanshaw Rd

CITY Ithaca


../RFA0002.JPG

STATE New York


ZIP/POSTAL CODE 14850-9106

PHONE 917-497-2847

FAX 212-545-0909






STREET 1861 Hanshaw Rd

CITY Ithaca

STATE New York



PHONE 917-497-2847

FAX 212-545-0909



FEE INFORMATION


NUMBER OF CLASSES 1

APPLICATION FOR REGISTRATION PER CLASS 275

*TOTAL FEE DUE 275

*TOTAL FEE PAID 275


SIGNATURE /hdl/

SIGNATORY'S NAME Howard David Leib

SIGNATORY'S POSITION Attorney of record, New York bar member





OMB No. 0651-0009 (Exp 02/28/2021)





MARK: DOUBLE DARE LIVE (Standard Characters, see mark)

The literal element of the mark consists of DOUBLE DARE LIVE.

The mark consists of standard characters, without claim to any particular font style, size, or color.

The applicant, Armstrong Interactive, Inc., a corporation of Delaware, having an address of

10 Route 116


United States



International Class 041: Arranging and conducting live, interactive, game shows online and through mobile apps


goods/services.


Howard David Leib of Howard Leib, Esq., PC 1861 Hanshaw Rd

Ithaca, New York 14850-9106

United States

917-497-2847(phone)

212-545-0909(fax)



Howard David Leib


1861 Hanshaw Rd

Ithaca, New York 14850-9106

917-497-2847(phone)

212-545-0909(fax)


E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant, the applicant's

attorney, or the applicant's domestic representative at the e-mail address provided in this application. I understand that a valid e-mail address

must be maintained and that the applicant or the applicant's attorney must file the relevant subsequent application-related submissions via the

Trademark Electronic Application System (TEAS). Failure to do so will result in the loss of TEAS Reduced Fee status and a requirement to

submit an additional processing fee of $125 per international class of goods/services.


Declaration

Basis:

If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a):

The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered;


../RFA0002.JPG')

The mark is in use in commerce on or in connection with the goods/services in the application;

The specimen(s) shows the mark as used on or in connection with the goods/services in the application; and


And/Or

If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d),

and/or § 1126(e):

The signatory believes that the applicant is entitled to use the mark in commerce;

The applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services in the

application; and


To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the

mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the

goods/services of such other persons, to cause confusion or mistake, or to deceive.

To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the

allegations and other factual contentions made above have evidentiary support.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §

1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration

resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and

belief are believed to be true.



Signatory's Name: Howard David Leib

Signatory's Position: Attorney of record, New York bar member

Payment Sale Number: 87921347

Payment Accounting Date: 05/15/2018


Internet Transmission Date: Tue May 15 10:35:51 EDT 2018

TEAS Stamp: USPTO/BAS-XX.XX.XXX.XX-20180515103551603

785-87921347-61017c0cb2afa6f63e7b8e9458e

1d43d279f94d0ea5ec7239057bf8bc391cc3790-

CC-9187-20180515101821085763


EXHIBIT L


HOWARD D. LEIB, ESQ.1861 Hanshaw Road

Ithaca, NY 14850

Phone: (917) 497-2847, Fax: (212) 545-0909

Email - [email protected], Website - www.howardleiblaw.com

June 4, 2018

Kaydi Osowski

Counsel, Trademark, Intellectual Property & Litigation

Viacom

1515 Broadway

New York, NY 10036

Dear Ms. Osowski:

I am in receipt of your May 8, 2018 letter responding to my May 3, 2018 letter. Your

mischaracterizations of Viacom’s rights notwithstanding, you have failed to address our demand

that Viacom cease its actions which infringe upon Armstrong Interactive’s pending rights in the

mark “Double Dare.”

Your statement of Viacom’s usage, or lack there of, of the Double Dare mark over the past

decade only serves to strengthen our belief that Viacom has abandoned the mark with regards to

television programming. As is clear from your statement, Viacom abandoned the mark with

regards to television programming sometime between November, 2000 and November 2003.

As I am sure you are aware, use in connection with live stage shows, merchandising, or other

goods and services is not the issue here. The issue here is Viacom’s abandonment of the mark

with regards to television programs.

That TV guide may have high regard for your former programming is nice, but irrelevant to the

questions of law at issue and of your infringement of our pending rights. Your alleged usage in

connection with a single special program nearly two years ago is similarly unavailing. Such token

usage cannot and does not secure your employer trademark rights, nor serve to revive the

previously abandoned mark. Nor does the fact that you have, belatedly, applied for marks

identical or confusingly similar to those for which Armstrong Interactive has applied gain you

any rights. It is our expectation that our applications will be granted and, therefore, yours will be

denied. Further, should it be necessary, it is our intent to challenge any application of Viacom’s

that may be allowed to move forward.

In addition to Viacom’s presumptive abandonment through non-use, we are aware that and,

should litigation become necessary, will produce witnesses to testify to the fact that, Nickelodeon

has previously explicitly asserted a lack of interest in reviving Double Dare, believing the show


http://www.howardleiblaw.com

too old and out dated. Indeed, it appears that only after we filed our application did Viacom

suddenly develop an interest in reasserting rights in the Double Dare trademark. That Viacom

may now have changed its mind is, again, no defense to abandonment.

As to your statement “Should AI commence use of the DOUBLE DARE mark for the goods

and services contained in its application, consumers will undoubtedly be confused,” we not only

dispute the validity of the statement, we note that Viacom has no rights here to assert in any

manner so as to test the validity of the statement. The prior owner of an abandoned mark has no

standing to bring any action.

Finally, as to your threats of suit, they are without basis and are, in fact frivolous. Even were you

correct that Viacom continues to own the mark “Double Dare” with respect to television

programs, which we vehemently dispute, there are, to date, no actions on the part of Armstrong

Interactive to which you can point that would constitute a violation of such rights.

In my over thirty years of practicing and teaching trademark law, most recently at Cornell Law

School and Syracuse Law School, I have yet to see case law that holds that merely applying for a

mark constitutes trademark infringement, trademark dilution, unfair competition or false

designation of origin. If you are aware of any such case, I invite you to provide it.

On the other hand, Viacom’s actions in producing, promoting, marketing and, presumably, airing

your recently announced program are unquestionably all of the above. It is Armstrong

Interactive’s intent to fully prosecute its applications and, when they are granted, to bring action

against Viacom for infringement. Further, as we have put you on active notice, your infringement

can be seen as nothing other than willful.

We have already stated a willingness to discuss resolution of this matter with Viacom. That

resolution will not be had by Viacom’s meaningless threats of baseless damages. We are neither

impressed by such threats nor cowed by Viacom’s size. It is we, not Viacom, whose rights are

being infringed. If you wish to explore with us how you recompense us for such infringement,

and how we can find common ground to move forward either together or at least in the same

direction, I would welcome that possibility. Should you continue along the path of your May 8th

letter, then it appears we will have to allow other authorities to decide our respective fates. The

choice is Viacom’s.

Best regards,

Howard D. Leib


EXHIBIT M


PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)





Input Field Entered


MARK INFORMATION

*MARK WONDERAMA



LITERAL ELEMENT WONDERAMA


particular font, style, size, or color.

REGISTER Principal




*CITY Somers

*STATE



*ZIP/POSTAL CODE

(Required for U.S. applicants only)10589


TYPE corporation



*INTERNATIONAL CLASS 041

*IDENTIFICATION

entertainment in the nature of an ongoing television show

featuring a host, live characters, puppets, guests, games and

story-telling; entertainment in the nature of personal

appearances by the host and cast of a television series featuring

a host, live characters, puppets, guests, games and story-telling



NAME Howard Leib

ATTORNEY DOCKET NUMBER Armstrong3

FIRM NAME Howard D. Leib, Esq.


../APP0002.JPG

STREET 271 Madison Avenue

INTERNAL ADDRESS Ste 200

CITY New York

STATE New York



PHONE 212-545-9559

FAX 212-545-0909




NAME Howard Leib


STREET 271 Madison Avenue

INTERNAL ADDRESS Ste 200

CITY New York

STATE New York



PHONE 212-545-9559

FAX 212-545-0909



FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 325

*TOTAL FEE DUE 325

*TOTAL FEE PAID 325


SIGNATURE /hdl/

SIGNATORY'S NAME Howard D. Leib

SIGNATORY'S POSITION Attorney of Record



PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2008)





MARK: WONDERAMA (Standard Characters, see mark)

The literal element of the mark consists of WONDERAMA.

The mark consists of standard characters, without claim to any particular font, style, size, or color.


10 Route 116


United States


established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended.

International Class 041: entertainment in the nature of an ongoing television show featuring a host, live characters, puppets, guests, games

and story-telling; entertainment in the nature of personal appearances by the host and cast of a television series featuring a host, live characters,

puppets, guests, games and story-telling

Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on

or in connection with the identified goods and/or services. (15 U.S.C. Section 1051(b)).

The applicant hereby appoints Howard Leib of Howard D. Leib, Esq.

Ste 200

271 Madison Avenue

New York, New York 10016

United States

to submit this application on behalf of the applicant. The attorney docket/reference number is Armstrong3.

Correspondence Information: Howard Leib

Ste 200

271 Madison Avenue

New York, New York 10016

212-545-9559(phone)

212-545-0909(fax)



Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under

18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting

registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be

the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she

believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or

association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely,

when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all

statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /hdl/ Date Signed: 03/21/2008

Signatory's Name: Howard D. Leib

Signatory's Position: Attorney of Record


../APP0002.JPG

RAM Sale Number: 7980

RAM Accounting Date: 03/21/2008


Internet Transmission Date: Fri Mar 21 14:05:49 EDT 2008

TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XXX-20080321140549

190228-77428324-40091794271f2574ea181b41

fb050cf68bb-CC-7980-20080321135919726804


Reg. No. 5,181,841

Registered Apr. 11, 2017

Int. Cl.: 41

Service Mark

Principal Register

Armstrong Interactive, Inc. (DELAWARE CORPORATION)

10 Route 116

Somers, NY 10589

CLASS 41: entertainment in the nature of an ongoing television show featuring a host, live

characters, puppets, guests, games and story-telling; entertainment in the nature of personal

appearances by the host and cast of a television series featuring a host, live characters,


FIRST USE 12-25-2016; IN COMMERCE 12-25-2016

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR

SER. NO. 85-903,386, FILED 04-12-2013

DAVID JONATHAN ELTON, EXAMINING ATTORNEY


REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*

What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th

years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the

registration will continue in force for the remainder of the ten-year period, calculated from the registration

date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application

for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*


You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal

between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with

the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use

(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).

The time periods for filing are based on the U.S. registration date (not the international registration date). The

deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for

nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations

do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying

international registration at the International Bureau of the World Intellectual Property Organization, under

Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the

date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the

international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the

USPTO website for further information. With the exception of renewal applications for registered

extensions of protection, you can file the registration maintenance documents referenced above online at h

ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark

owners/holders who authorize e-mail communication and maintain a current e-mail address with the

USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark

Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms

available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5181841


Reg. No. 5,457,232

Registered May 01, 2018

Int. Cl.: 41

Service Mark

Principal Register

Armstrong Interactive, Inc. (DELAWARE CORPORATION)

10 Route 116

Somers, NEW YORK 10589

CLASS 41: Entertainment services in the nature of radio and television programs featuring

talent contents

FIRST USE 4-29-2007; IN COMMERCE 4-29-2007

THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR

SEC.2(F)

SER. NO. 87-483,595, FILED 06-11-2017


REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE

DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*


First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th

years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the

registration will continue in force for the remainder of the ten-year period, calculated from the registration

date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application

for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*


You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewalbetween every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above withthe payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with anextension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).The time periods for filing are based on the U.S. registration date (not the international registration date). Thedeadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those fornationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrationsdo not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlyinginternational registration at the International Bureau of the World Intellectual Property Organization, underArticle 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from thedate of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for theinternational registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the

USPTO website for further information. With the exception of renewal applications for registered

extensions of protection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark

owners/holders who authorize e-mail communication and maintain a current e-mail address with the

USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark

Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms

available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5457232


PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)





Input Field Entered


MARK INFORMATION

*MARK KIDS ARE PEOPLE TOO



LITERAL ELEMENT KIDS ARE PEOPLE TOO



REGISTER Principal




*CITY Somers

*STATE



*ZIP/POSTAL CODE

(Required for U.S. applicants only)10589


TYPE corporation




*IDENTIFICATION








NAME Howard Leib

ATTORNEY DOCKET NUMBER Armstrong 6



../APP0002.JPG


CITY ITHACA

STATE New York



PHONE 917-497-2847

FAX 2125450909




NAME Howard Leib



CITY ITHACA

STATE New York



PHONE 917-497-2847

FAX 2125450909



FEE INFORMATION

NUMBER OF CLASSES 1

FEE PER CLASS 325

*TOTAL FEE DUE 325

*TOTAL FEE PAID 325


SIGNATURE /hdl/


SIGNATORY'S POSITION Attorney of Record, New York bar member



PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 12/31/2011)





MARK: KIDS ARE PEOPLE TOO (Standard Characters, see mark)

The literal element of the mark consists of KIDS ARE PEOPLE TOO.



10 Route 116


United States









Howard Leib of Howard D. Leib, Esq.

1861 Hanshaw Road

ITHACA, New York 14850-9106

United States

The attorney docket/reference number is Armstrong 6.


Howard Leib

Howard D. Leib, Esq.

1861 Hanshaw Road

ITHACA, New York 14850-9106

917-497-2847(phone)

2125450909(fax)



Declaration

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under

18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting

registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be

the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she

believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or

association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely,

when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all

statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /hdl/ Date Signed: 07/07/2011



../APP0002.JPG

Signatory's Position: Attorney of Record, New York bar member




Internet Transmission Date: Thu Jul 07 12:56:26 EDT 2011

TEAS Stamp: USPTO/BAS-XXX.XXX.XXX.XX-201107071256265

62158-85365177-480b8b4fa5a9cb3636e0e0ae2

e785b717-CC-11151-20110707124842273934


PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)





Input Field Entered


MARK INFORMATION

*MARK KIDS ARE PEOPLE TOO



LITERAL ELEMENT KIDS ARE PEOPLE TOO



REGISTER Principal




*CITY Somers

*STATE



*ZIP/POSTAL CODE

(Required for U.S. applicants)10589


TYPE corporation




*IDENTIFICATION









ATTORNEY DOCKET NUMBER Armstrong KrP2-2



../RFA0002.JPG


CITY Ithaca

STATE New York



PHONE 9174972847

FAX 2125450909







CITY Ithaca

STATE New York



PHONE 9174972847

FAX 2125450909



FEE INFORMATION


NUMBER OF CLASSES 1

FEE PER CLASS 275

*TOTAL FEE DUE 275

*TOTAL FEE PAID 275


SIGNATURE /hdl/


SIGNATORY'S POSITION Attorney of Record, New York bar member

SIGNATORY'S PHONE NUMBER 9174972847



PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)





MARK: KIDS ARE PEOPLE TOO (Standard Characters, see mark)

The literal element of the mark consists of KIDS ARE PEOPLE TOO.



10 Route 116


United States









Howard David Leib of Howard Leib, Esq., PC

1861 Hanshaw Road


United States

The attorney docket/reference number is Armstrong KrP2-2.


Howard David Leib


1861 Hanshaw Road


9174972847(phone)

2125450909(fax)


E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney

at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's

attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to

do so will result in an additional processing fee of $50 per international class of goods/services.


Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. Section 1051(a), the applicant is the owner of the

trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce on or

in connection with the goods/services in the application, and such use by the applicant's related company or licensee inures to the benefit of the

applicant; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed an

application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use the mark in commerce; the

applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection


../RFA0002.JPG

with the goods/services in the application. The signatory believes that to the best of the signatory's knowledge and belief, no other person has the

right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the

goods/services of such other person, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and

the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may

jeopardize the validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are

true and all statements made on information and belief are believed to be true.




Signatory's Position: Attorney of Record, New York bar member




Internet Transmission Date: Thu Jan 29 13:13:03 EST 2015

TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XXX-201501291313033

86345-86518066-5309054f58c88f54c43dae17f

4e9f9cb47d3b67ffea4c88ae4c5cbb98d5b9ef68

7-CC-10607-20150129130724909244


PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)





Input Field Entered


MARK INFORMATION

*MARK ROMPER ROOM



LITERAL ELEMENT ROMPER ROOM



REGISTER Principal




*CITY Somers

*STATE



*ZIP/POSTAL CODE

(Required for U.S. applicants)10589


TYPE corporation




*IDENTIFICATION








*IDENTIFICATION Clothing-Namely, T-Shirts, pants, caps, and jackets




../RFA0002.JPG

NAME Howard Leib



CITY Ithaca

STATE New York



PHONE 9174972847




NAME Howard Leib



CITY Ithaca

STATE New York



PHONE 9174972847



FEE INFORMATION


NUMBER OF CLASSES 2

FEE PER CLASS 275

*TOTAL FEE DUE 550

*TOTAL FEE PAID 550


SIGNATURE /hdl/

SIGNATORY'S NAME Howard Leib, Esq

SIGNATORY'S POSITION Attorney of Record, New York State Bar member




PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 (Exp 02/28/2018)





MARK: ROMPER ROOM (Standard Characters, see mark)

The literal element of the mark consists of ROMPER ROOM.



10 Route 116


United States







goods/services.

International Class 025: Clothing-Namely, T-Shirts, pants, caps, and jackets


goods/services.


Howard Leib of Howard Leib, Esq., PC

1861 Hanshaw Road


United States


Howard Leib


1861 Hanshaw Road


9174972847(phone)


E-mail Authorization: I authorize the USPTO to send e-mail correspondence concerning the application to the applicant or applicant's attorney

at the e-mail address provided above. I understand that a valid e-mail address must be maintained and that the applicant or the applicant's

attorney must file the relevant subsequent application-related submissions via the Trademark Electronic Application System (TEAS). Failure to

do so will result in an additional processing fee of $50 per international class of goods/services.


Declaration

The signatory believes that: if the applicant is filing the application under 15 U.S.C. § 1051(a), the applicant is the owner of the

trademark/service mark sought to be registered; the applicant is using the mark in commerce on or in connection with the goods/services in the

application; the specimen(s) shows the mark as used on or in connection with the goods/services in the application; and/or if the applicant filed


../RFA0002.JPG

an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), the applicant is entitled to use the mark in commerce; the applicant has a

bona fide intention, and is entitled, to use the mark in commerce on or in connection with the goods/services in the application. The signatory

believes that to the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the

mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services

of such other persons, to cause confusion or mistake, or to deceive. The signatory being warned that willful false statements and the like are

punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the

validity of the application or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all

statements made on information and belief are believed to be true.



Signatory's Name: Howard Leib, Esq

Signatory's Position: Attorney of Record, New York State Bar member




Internet Transmission Date: Mon Nov 23 15:14:53 EST 2015

TEAS Stamp: USPTO/BAS-XX.XXX.XXX.XX-2015112315145362

8949-86829166-54062527f25d26add85834a898

c710f510846097611c4fb22aa685d66e15d1bbda

-CC-1770-20151123151227450478


EXHIBIT B

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