Jenny J. Liu’s Law Office
Attorney & Counsellor at Law
www.Jennyliulaw.com
17 Judith Rd
Chelmsford, MA 01824
P.O. Box 290
Billerica, MA 01862
Tele: (978) 670-0718
Fax: (978) 663-0061
lj@jennyliulaw.com
Date: January 6, 2012
By Electronic Mail
windowstorussia@37.com
Kyle Keeton
Window to Russia
RE: Coffee News Trade Dress Misappropriation
Cease and Desist Demand
Dear Mr. Keeton:
Please be advised that this office represents 2703203 Manitoba, Inc. of Canada (“Manitoba”) and
Coffee News USA, Inc. of Maine (collectively “Coffee News”), in matters arising out of your
unauthorized use of the Coffee News trademark. It was recently brought to my attention that you have
used “Fresh Coffee News” heading for your website publication. Such heading contains the words
“Coffee News,” which is confusingly similar, if not identical, to Coffee News’ COFFEE NEWS mark.
Manitoba is the owner of the COFFEE NEWS mark, which has been duly registered with
Canadian Intellectual Property Office since March 9, 1997, – Registration No. TMA472984. The mark
has also been registered with the United States Patent and Trademark Office since November 18, 1997 -
Registration No. 2,113,507 and in many other countries. The Coffee News concept using the COFFEE
NEWS name/mark has been actively franchised in Canada, the U.S. as well as global wide since 1988.
Substantial goodwill has been well established through the consistent use of the Coffee News mark in
over 20 years.
This letter concerns that you have used the Coffee News name/mark without any consent or
authorization of Coffee News. The unlawful use of the Coffee News name/mark through the internet
reaches globe wide including Maine of the U.S. and Canada where Coffee News resides. Your
unauthorized use of Coffee News mark constituted trade mark infringement in violation of the Lanham
Act §43(a), 15 U.S.C. §1125(a). Such violation subjects you to liabilities for all the penalties afforded
by Lanham Act, 15 U.S.C. §§1116 & 1117, including without limitation injunctive relief and monetary
damages. Under 15 U.S.C. §1117, Coffee News is entitled to all the profit that you received from your
infringement.
Accordingly, we must and do hereby demand that, upon receipt of this letter, you immediately
cease and desist the unauthorized use of the Coffee News name/mark and any such variants of the mark.
You must remove any reference of Coffee News from your website. I am sure that you understand the
crucial importance of this matter to my client. We must ask that within twenty (20) days from the date of
this letter, you give us your written notice that you have discontinued and will hereafter permanently
refrain from any use and/or publication of Coffee News name/mark, logo, and/or anything similar to it. It
is Coffee News’ intention to resolve this matter in an amicable manner. However, Coffee News will be
forced to take all necessary legal action to enforce its trademark rights if you refuse to comply with their
above request.
Kyle Keeton
Fresh Coffee News
January 6, 2012
Page 2
I attached hereto a copy of Coffee News trademark registration. This letter serves to seek
amicable solution and nothing contained herein shall constitute a waiver of any rights, all of which are
expressly reserved. We are awaiting your reply by the deadline set forth above.
Very truly yours,
_______________________
Jenny Liu, Esq.
Enc.
Cc: Coffee News
CIPO — Canadian Trade-marks Database
file:///C|/Users/Michael%20Wang/Documents/Jenny.Liu.Law.Office/CoffeeNews/CN.Intl.TM.registrations/Canada/Canadian.registration.htm[6/10/2011 1:07:18 PM]
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CANADIAN TRADE-MARK DATA
*** Note Data on trade-marks is shown in the official language in which it was
submitted.
The database was last updated on: 2011-06-07
REGISTRANT:
2703203 MANITOBA INC.,
204 Chadwick Crescent
Winnipeg
R2C 3C5
MANITOBA
REPRESENTATIVE FOR SERVICE:
GOWLING LAFLEUR HENDERSON LLP
SUITE 2600, 160 ELGIN STREET
OTTAWA
ONTARIO K1P 1C3
TRADE-MARK:
COFFEE NEWS
DISCLAIMER TEXT:
The right to the exclusive use of the word NEWS is disclaimed apart from the trade-
mark.
INDEX HEADINGS:
COFFEE NEWS
APPLICATION NUMBER:
0782571
REGISTRATION NUMBER:
TMA472984
STATUS: REGISTERED
FILED: 1995-05-10
FORMALIZED: 1995-06-08
ADVERTISED: 1996-10-09
REGISTERED: 1997-03-19
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Canadian Intellectual Property Office
cipo.ic.gc.ca
CIPO — Canadian Trade-marks Database
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Proactive
Disclosure
WARES:
(1) Newsletters.
CLAIMS:
Used in CANADA since at least as early as August 1988.
ACTION DATE BF COMMENTS
Filed 10 May 1995
Created 24 May 1995
Formalized 08 June 1995
Search Recorded 08 August 1995
Correspondence
Created
20 October 1995
Examiner’s First
Report
20 October 1995
Correspondence
Created
05 July 1996
Approved 04 September
1996
Translation
Received
07 September
1996
Translation
Requested
07 September
1996
Advertised 09 October 1996 Vol.43 Issue 2189
Allowed 03 January 1997
Allowance Notice
Sent
03 January 1997 03 July 1997
Registered 19 March 1997
Agent Changed 11 May 1999 From: 777 To: 10425
Rep for Service
Changed
11 May 1999 From: 777 To: 10425
Agent Name
Change
19 June 2001
Rep for Service
Name Change
19 June 2001
Amendment to
Registration
25 September
2003
Owner Address Change / Voir
Preuve au dossier/See evidence on
File No. 782571
Rep for Service
Changed
13 January 2004 From: 10425 To: 8390 / Voir
Preuve au dossier/See evidence on
File No. 782571
Amendment to
Registration
02 March 2010 Owner Address Change / Voir
Preuve au dossier/See evidence on
File No. 782571
FOOTNOTES:
OWNER ADDRESS CHANGE/CHANGEMENT D’ADRESSE DU PROPRIÉTAIRE:
DATE REGISTERED/DATE DE L’ENREGISTREMENT: 25 sept/Sep 2003
COMMENTS/COMMENTAIRES: Voir Preuve au dossier/See evidence on
File No. 782571
OWNER ADDRESS CHANGE/CHANGEMENT D’ADRESSE DU PROPRIÉTAIRE:
DATE REGISTERED/DATE DE L’ENREGISTREMENT: 02 mars/Mar 2010
CIPO — Canadian Trade-marks Database
file:///C|/Users/Michael%20Wang/Documents/Jenny.Liu.Law.Office/CoffeeNews/CN.Intl.TM.registrations/Canada/Canadian.registration.htm[6/10/2011 1:07:18 PM]
Last updated 2011-06-07
Top of page
Important Notices
COMMENTS/COMMENTAIRES: Voir Preuve au dossier/See evidence on
File No. 782571
Back to search Back
Latest Status Info
file:///C|/Users/Michael%20Wang/Documents/Jenny.Liu.Law.Office/CoffeeNews/tarr.htm[1/5/2011 2:29:35 PM]
Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2011-01-05 14:27:16 ET
Serial Number: 75089713 Assignment Information Trademark Document Retrieval
Registration Number: 2113507
Mark (words only): COFFEE NEWS
Standard Character claim: No
Current Status: This registration has been renewed.
Date of Status: 2007-06-29
Filing Date: 1996-04-17
Transformed into a National Application: No
Registration Date: 1997-11-18
Register: Principal
Law Office Assigned: LAW OFFICE 107
If you are the applicant or applicant’s attorney and have questions about this file, please contact the Trademark
Assistance Center at TrademarkAssistanceCenter@uspto.gov
Current Location: 830 -Post Registration
Date In Location: 2007-06-29
LAST APPLICANT(S)/OWNER(S) OF RECORD
1. 2703203 MANITOBA INC.
Address:
2703203 MANITOBA INC.
P.O. Box 431, River Lot 231 St. Peter’s Road
East Selkirk, MB R0E 0M0
Canada
Legal Entity Type: Company
State or Country Where Organized: Canada
GOODS AND/OR SERVICES
International Class: 016
Class Status: Active
newsletters featuring general interest stories, announcements, trivia and horoscopes
Latest Status Info
file:///C|/Users/Michael%20Wang/Documents/Jenny.Liu.Law.Office/CoffeeNews/tarr.htm[1/5/2011 2:29:35 PM]
Basis: 1(a)
First Use Date: 1988-10-00
First Use in Commerce Date: 1995-07-03
ADDITIONAL INFORMATION
Disclaimer: “NEWS”
MADRID PROTOCOL INFORMATION
USPTO Reference Number: A0015662
International Registration Number: 0999191
International Registration Date: 2009-03-31
Original Filing Date with USPTO: 2009-03-31
International Registration Status: Application For IR Registered By IB
Date of International Registration Status: 2009-05-07
International Registration Renewal Date: 2019-03-31
Irregularity Reply by Date: (DATE NOT AVAILABLE)
Madrid History:
05-07-2009 – 13:30:51 – Application For IR Registered By IB
04-01-2009 – 21:02:45 – IR Certified And Sent To IB
04-01-2009 – 14:52:13 – Manually Certified
03-31-2009 – 09:51:52 – New Application For IR Received
PROSECUTION HISTORY
NOTE: To view any document referenced below, click on the link to “Trademark Document Retrieval” shown
near the top of this page.
2009-01-29 – Review Of Correspondence Complete
2008-12-12 – PAPER RECEIVED
2007-06-29 – First renewal 10 year
2007-06-29 – Section 8 (10-year) accepted/ Section 9 granted
2007-06-25 – Assigned To Paralegal
2007-05-24 – Combined Section 8 (10-year)/Section 9 filed
2007-05-24 – PAPER RECEIVED
2007-05-24 – Applicant/Correspondence Changes (Non-Responsive) Entered
2007-05-24 – TEAS Change Of Owner Address Received
2007-02-14 – Case File In TICRS
2003-11-12 – Section 8 (6-year) accepted & Section 15 acknowledged
Latest Status Info
file:///C|/Users/Michael%20Wang/Documents/Jenny.Liu.Law.Office/CoffeeNews/tarr.htm[1/5/2011 2:29:35 PM]
2003-09-16 – Section 8 (6-year) and Section 15 Filed
2003-09-16 – PAPER RECEIVED
1997-11-18 – Registered – Principal Register
1997-08-26 – Published for opposition
1997-07-25 – Notice of publication
1997-06-09 – Approved for Pub – Principal Register (Initial exam)
1997-06-03 – Examiner’s amendment mailed
1997-06-02 – Amendment to Use approved
1997-03-20 – Communication received from applicant
1997-05-10 – Amendment To Use Processing Complete
1997-03-20 – Use Amendment Filed
1996-09-25 – Non-final action mailed
1996-09-25 – Assigned To Examiner
1996-09-24 – Assigned To Examiner
ATTORNEY/CORRESPONDENT INFORMATION
Attorney of Record
BRIAN B. DARVILLE
Correspondent
BRIAN B. DARVILLE
MERCHANT & GOULD P.C.
P. O. BOX 2910
MINNEAPOLIS, MN 55402
Phone Number: 703-413-3000
Fax Number: 703-413-2220
Domestic Representative
MERCHANT & GOULD P.C..