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

gov
ESTTA Tracking number: ESTTA922312
Filing date: 09/14/2018

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Notice of Opposition
Notice is hereby given that the following party opposes registration of the indicated application.

Opposer Information
Name Boston Red Sox Baseball Club Limited Partnership
Granted to Date 09/19/2018
of previous ex-
tension
Address Fenway Park
4 Jersey Street
Boston, MA 02215
UNITED STATES

Attorney informa- James D. Weinberger

tion Fross Zelnick Lehrman & Zissu, P.C.
4 Times Square17th Floor
New York, NY 10036
UNITED STATES
jweinberger@fzlz.com, jvosgerchian@fzlz.com
(212) 813-5900

Applicant Information
Application No 87626105 Publication date 05/22/2018
Opposition Filing 09/14/2018 Opposition Peri- 09/19/2018
Date od Ends
Applicants Conroy, Charles
235 Bay Road
Harwich, MA 02645
UNITED STATES

Conroy, Whitney
235 Bay Road
Harwich, MA 02645
UNITED STATES

Goods/Services Affected by Opposition

Class 030. First Use: 0 First Use In Commerce: 0
All goods and services in the class are opposed, namely: Relish

Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d)
Dilution by blurring Trademark Act Sections 2 and 43(c)
Marks Cited by Opposer as Basis for Opposition
U.S. Registration 1742345 Application Date 10/17/1991
No.
Registration Date 12/22/1992 Foreign Priority NONE
Date
Word Mark GREEN MONSTER
Design Mark
Description of NONE
Mark
Goods/Services Class 025. First use: First Use: 1991/08/00 First Use In Commerce: 1991/08/00
clothing; namely, shirts, [ dresses, jogging suits, jackets, sweaters ], hats, caps, [
bibs, baby pants, baby bootees and shorts, pajamas ] [ , sweatshirts, ] [ knitted
headwear, wristbands, headbands, and aprons ]

U.S. Registration 3391780 Application Date 04/29/2005

No.
Registration Date 03/04/2008 Foreign Priority NONE
Date
Word Mark MONSTER SEATS
Design Mark

Description of NONE
Mark
Goods/Services Class 041. First use: First Use: 2002/12/19 First Use In Commerce: 2003/03/01
ENTERTAINMENT SERVICES, NAMELY, BASEBALL GAMES, COMPETI-
TIONS AND EXHIBITIONS RENDERED LIVE AND THROUGH BROADCAST
MEDIA INCLUDING TELEVISION AND RADIO, AND VIA A GLOBAL COM-
PUTER NETWORK OR A COMMERCIAL ON-LINE SERVICE; [PROVIDING
FACILITIESFOR SPORTS TOURNAMENTS, COMPETITIONS AND EXHIBI-
TIONS RELATING TO BASEBALL;] ALLOF THE FOREGOING RELATING TO
THE GREEN MONSTER WALL FEATURE AND ITS RELATED ENTERTAIN-
MENT AND MASCOT SERVICES

U.S. Registration 3397948 Application Date 07/13/2007

No.
Registration Date 03/18/2008 Foreign Priority NONE
Date
Word Mark GREEN MONSTER
Design Mark

Description of NONE
Mark
Goods/Services Class 035. First use: First Use: 2003/04/30 First Use In Commerce: 2003/04/30
Concession stands featuring food and beverages

U.S. Registration 3555953 Application Date 07/15/2007

No.
Registration Date 01/06/2009 Foreign Priority NONE
Date
Word Mark MONSTER CONCESSIONS
Design Mark

Description of NONE
Mark
Goods/Services Class 035. First use: First Use: 2003/04/30 First Use In Commerce: 2003/04/30
Concession stands featuring food and beverages

U.S. Registration 3563090 Application Date 07/15/2007

No.
Registration Date 01/20/2009 Foreign Priority NONE
Date
Word Mark MONSTER DOG
Design Mark
Description of NONE
Mark
Goods/Services Class 030. First use: First Use: 2003/04/30 First Use In Commerce: 2003/04/30
Hot dog sandwiches

U.S. Registration 3607649 Application Date 11/23/2005

No.
Registration Date 04/14/2009 Foreign Priority NONE
Date
Word Mark GREEN MONSTER
Design Mark

Description of NONE
Mark
Goods/Services Class 041. First use: First Use: 1947/00/00 First Use In Commerce: 1947/00/00
ENTERTAINMENT SERVICES, NAMELY, BASEBALL GAMES, COMPETI-
TIONS, TOURNAMENTS AND EXHIBITIONS RENDERED LIVE AND
THROUGH BROADCAST MEDIA INCLUDING TELEVISION, RADIO, SATEL-
LITE, WIRELESS, AUDIO AND VIDEO MEDIA, TELEPHONE, FIBER OPTICS,
WIRELESS FIDELITY AND OTHER ELECTRONIC MEDIA AND VIA A GLOB-
AL COMPUTER NETWORK OR A COMMERCIAL ON-LINE SERVICE; IN-
FORMATION SERVICES, NAMELY, PROVIDING INFORMATION IN THE
FIELD OF SPORTS, ENTERTAINMENT AND RELATED TOPICS, AND
PROVIDING FOR INFORMATIONAL MESSAGES RELATING THERETO;
EDUCATIONAL SERVICES IN THE NATURE OF BASEBALL SKILLS PRO-
GRAMS, AND CLINICS OFFERED LIVEORGANIZING COMMUNITY SPORT-
ING EVENTS; LIVE PERFORMANCES BY COSTUMED CHARACTERS AND
PERFORMANCES FEATURING COSTUMED OR CARTOON CHARACTERS
EXHIBITED OVER TELEVISION, SATELLITE AND VIDEO MEDIA; PROVID-
ING FACILITIES FOR SPORTS EVENTS, TOURNAMENTS, COMPETITIONS,
EXHIBITIONS, AND ENTERTAINMENT, INCLUDING PROVIDING SUCH
EVENTS FOR PUBLIC EXHIBITION AND PROVIDING OTHER CUSTOMARY
STADIUM SERVICES, NAMELY,RENTAL OF STADIUM FACILITIES AND
PROVIDING FACILITIES FOR STADIUM TOURS; ORGANIZING AND CON-
DUCTING SPORTS CONTESTS AND SWEEPSTAKES; FAN CLUBS

U.S. Registration 3607650 Application Date 11/23/2005

No.
Registration Date 04/14/2009 Foreign Priority NONE
Date
Word Mark GREEN MONSTER SEATS
Design Mark

Description of NONE
Mark
Goods/Services Class 041. First use: First Use: 2003/04/11 First Use In Commerce: 2003/04/11
ENTERTAINMENT SERVICES, NAMELY, BASEBALL GAMES, COMPETI-
TIONS, TOURNAMENTS AND EXHIBITIONS RENDERED LIVE AND
THROUGH BROADCAST MEDIA INCLUDING TELEVISION, RADIO, SATEL-
LITE, WIRELESS, AUDIO AND VIDEO MEDIA, TELEPHONE, FIBER OPTICS,
WIRELESS FIDELITY AND OTHER ELECTRONIC MEDIA AND VIA A GLOB-
AL COMPUTER NETWORK OR A COMMERCIAL ON-LINE SERVICE; IN-
FORMATION SERVICES, NAMELY, PROVIDING INFORMATION IN THE
FIELD OF SPORTS, ENTERTAINMENT AND RELATED TOPICS, AND
PROVIDING FOR INFORMATIONAL MESSAGES RELATING THERETO; LIVE
PERFORMANCES BY COSTUMED CHARACTERS; PROVIDING FACILITIES
FOR SPORTS EVENTS, TOURNAMENTS, COMPETITIONS, EXHIBITIONS,
AND ENTERTAINMENT, INCLUDING PROVIDING SUCH EVENTS FOR PUB-
LIC EXHIBITION AND PROVIDINGOTHER CUSTOMARY STADIUM SER-
VICES, NAMELY, RENTAL OF STADIUM FACILITIES AND PROVIDING FA-
CILITIES FOR STADIUM TOURS; ORGANIZING AND CONDUCTING
SPORTS CONTESTS AND SWEEPSTAKES; FAN CLUBS

U.S. Registration 3620971 Application Date 11/23/2005

No.
Registration Date 05/12/2009 Foreign Priority NONE
Date
Word Mark GREEN MONSTER
Design Mark

Description of NONE
Mark
Goods/Services Class 025. First use: First Use: 1977/00/00 First Use In Commerce: 1977/00/00
Clothing, namely, caps, hats, shirts, T-shirts, sweatshirts

U.S. Registration 3655951 Application Date 11/23/2005

No.
Registration Date 07/14/2009 Foreign Priority NONE
 Date
Word Mark GREEN MONSTER
Design Mark

Description of NONE
Mark
Goods/Services Class 016. First use: First Use: 1992/00/00 First Use In Commerce: 1992/00/00
paper goods and printed matter, namely,posters, mounted and un-mounted pho-
tographs, lithographs, art pictures and art prints

U.S. Registration 3655952 Application Date 11/23/2005

No.
Registration Date 07/14/2009 Foreign Priority NONE
Date
Word Mark GREEN MONSTER
Design Mark

Description of NONE
Mark
Goods/Services Class 014. First use: First Use: 1998/06/00 First Use In Commerce: 1998/06/00
JEWELRY, NAMELY, COSTUME JEWELERY, ORNAMENTAL METAL PINS.
LAPEL PINS

U.S. Registration 3694225 Application Date 11/23/2005

No.
Registration Date 10/06/2009 Foreign Priority NONE
Date
Word Mark GREEN MONSTER
Design Mark

Description of NONE
Mark
Goods/Services Class 009. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00
Electrical and scientific apparatus, namely, decorative magnets

U.S. Registration 3797632 Application Date 11/23/2005

No.
Registration Date 06/01/2010 Foreign Priority NONE
Date
Word Mark B RED SOX
Design Mark

Description of The mark consists of a costumed character wearing a baseball uniform and hat
Mark with the letter "B" on the hat and the wording "RED SOX" on the uniform. The
mark is a two-dimensional depiction of a three-dimensional costumed character.
Goods/Services Class 025. First use: First Use: 2003/02/00 First Use In Commerce: 2003/02/00
Clothing, namely, caps, hats, shirts, T-shirts, [sweatshirts, sleepwear,] clothbibs,
infant wear[,rompers, creepers, baby booties, socks, hosiery]

U.S. Registration 3801204 Application Date 11/08/2005

No.
Registration Date 06/08/2010 Foreign Priority NONE
Date
Word Mark B RED SOX
Design Mark

Description of The mark consists of a costumed character wearing a baseball uniform and hat
Mark with the letter "B" on the hat and the wording "RED SOX" on the uniform. The
mark is a two-dimensional depiction of a three-dimensional costumed character.
Goods/Services Class 041. First use: First Use: 1997/04/13 First Use In Commerce: 1997/04/13
Entertainment services, namely, baseball games, competitions and exhibitions
rendered live and through broadcast media including television and radio, and
via a global computer network or a commercial on-line service; information ser-
vices,namely, providing information in the field of sports, entertainment and re-
latedtopics, and providing for informationalmessages relating thereto; entertain-
ment services, namely, providing multi-userinteractive computer games all via a
global computer network or a commercial on-line service; educational services
in the nature of baseball skills programs, baseball camps and clinics offered live;
organizing community sporting events; organizing and conducting sports con-
tests and sweepstakes; fan clubs; live performances by costumed characters
and performances featuring costumed or cartoon characters exhibited over tele-
vision, satellite and video media

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Signature /s/ James D. Weinberger

Name James D. Weinberger
Date 09/14/2018
 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

BOSTON RED SOX BASEBALL CLUB

LIMITED PARTNERSHIP,

Opposer,

-against-

CHARLES CONROY and WHITNEY

CONROY,

Applicants.

NOTICE OF OPPOSITION

Opposer, Boston Red Sox Club Limited Partnership (“Opposer”), a Massachusetts

limited partnership, with offices at Fenway Park, 4 Jersey Street, Boston, Massachusetts 02215,

believes that it will be damaged by registration of the standard character word mark HAZEL'S

GREEN MONSTAH RELISH (“Applicants’ Mark”) for “Relish” in International Class 30 as

shown in Application Serial No. 87/626,105 (the “Application”), and having been granted an

extension of time to oppose up to and including September 19, 2018, hereby opposes the same.

As grounds therefore, Opposer alleges as follows:

1. Opposer is the owner of the renowned BOSTON RED SOX MAJOR

LEAGUE BASEBALL club.

2. Since long prior to any date on which Applicants may rely, Opposer and its

predecessors, and their affiliated and related entities, licensees and/or sponsors have used marks

or names comprising or containing the words WALLY THE GREEN MONSTER, GREEN

MONSTER, MONSTER and/or various depictions of the Club’s WALLY THE GREEN

{F2748985.2 }

1
MONSTER mascot, alone or with other word, letter and/or design elements (“Opposer’s GREEN

MONSTER Marks”), in connection with baseball games and exhibition services, including,

without limitation, as the name of Opposer’s famous outfield wall, THE GREEN MONSTER,

mascot services and a wide variety of goods and services, including, but not limited to,

concession stands featuring food and beverages; food and beverages; jewelry; apparel; paper

goods and printed matter; and novelty items.

3. Opposer owns U.S. federal registrations for Opposer’s GREEN MONSTER

Marks in International Classes 9, 14, 16, 25, 30, 35 and 41; namely, Registration Nos. 1,742,345,

3,391,780, 3,397,948, 3,555,953, 3,563,090, 3,607,649, 3,607,650, 3,620,971, 3,655,951,

3,655,952, 3,694,225, 3,797,632 and 3,801,204. All of the registrations for Opposer’s GREEN

MONSTER Marks relied upon herein are valid, subsisting and in full effect and serve as prima

facie evidence of the validity of the mark and of Opposer’s exclusive right to use the mark in

connection with the goods and services identified therein, pursuant to Section 33(a) of the

Lanham Act, 15 U.S.C. § 1115(a). Moreover, the majority of the registrations are incontestable

under Section 15 of the Lanham Act, 15 U.S.C. § 1065, and therefore serve as conclusive proof

of Opposer’s exclusive right to use the mark in connection with the goods and services identified

therein, as provided by Section 33(b) of the Lanham Act, 15 U.S.C. § 1115(b).

4. Since long prior to September 28, 2017, Applicants’ filing date for the

Application and the earliest day on which Applicants may rely, Opposer, its predecessors, and

their affiliated and related entities, licensees and/or sponsors have promoted and advertised the

sale and distribution of goods and services bearing or offered in connection with Opposer’s

GREEN MONSTER Marks, including, but not limited to, baseball games and exhibition services

and a wide variety of goods and services, including, but not limited to, mascot services and a

{F2748985.2 }

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wide variety of goods and services, including, but not limited to, concession stands featuring

food and beverages; food and beverages; jewelry; apparel; paper goods and printed matter; and

novelty items, and have offered such goods and rendered such services in commerce.

5. As a result of the sales and promotion of its goods and services bearing or offered

in connection with Opposer’s GREEN MONSTER Marks, Opposer has built up highly valuable

goodwill in Opposer’s GREEN MONSTER Marks, and said goodwill has become closely and

uniquely identified and associated with Opposer.

6. On September 28, 2017, Applicants filed the Application to register Applicants’

Mark for “Relish” in International Class 30 on the basis of Applicants’ claimed intent to use

Applicants’ Mark in United States commerce.

7. Upon information and belief, Applicants did not use Applicants’ Mark for the

goods covered in the Application in United States commerce prior to its constructive priority use

date of September 28, 2017.

8. The goods covered by the Application are closely related to the goods offered and

services rendered in connection with Opposer’s GREEN MONSTER Marks.

9. Applicants’ Mark is highly similar to Opposer’s GREEN MONSTER Marks,

adding only the descriptive terms HAZEL’S and RELISH to the words GREEN MONSTAH,

which is a misspelling of certain of Opposer’s GREEN MONSTER Marks in the style of a

stereotypical Boston accent.

10. Applicants’ Mark so resembles Opposer’s GREEN MONSTER Marks as to be

likely, when used in connection with Applicants’ goods, to cause confusion, to cause mistake,

and to deceive the trade and public, who are likely to believe that Applicants’ goods have their

origin with Opposer and/or that such goods are approved, endorsed or sponsored by Opposer or

{F2748985.2 }

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associated in some way with Opposer, in violation of Section 2(d) of the Lanham Act, 15 U.S.C.

§ 1052(d).

11. Moreover, Opposer’s GREEN MONSTER Marks are famous for goods and

services relating to baseball games and exhibition services and a wide variety of goods and

services, and had become famous long before the earliest priority date upon which Applicants

can rely. Because Opposer’s GREEN MONSTER Marks have become famous, Applicants’ use

and registration of Applicants’ Mark will damage Opposer by trading on the enormous goodwill

associated with Opposer’s GREEN MONSTER Marks and diluting their distinctiveness. Thus,

Applicants’ use and registration of Applicants’ Mark in connection with the goods identified in

the Application are likely to cause dilution by blurring of the famous Opposer’s GREEN

MONSTER Marks, in violation of Sections 13(a) and 43(c) of the Lanham Act, 15 U.S.C.

§§ 1063(a), 1125(c).

12. By reason of the foregoing, Opposer is likely to be harmed by the registration of

the Application for Applicants’ Mark.

Dated: New York, New York FROSS ZELNICK LEHRMAN & ZISSU, P.C.
September 14, 2018

By:___________________________________
James D. Weinberger (jweinberger@fzlz.com)
Jessica Vosgerchian (jvosgerchian@fzlz.com)
4 Times Square, 17th Floor
New York, New York 10036
Tel: (212) 813-5900

Attorneys for Opposer

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