Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 1 of 155 PageID 325 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CIGAR CITY BREWING, LLC Case No.: 8:17-cv-01728-VMC-TBM Plaintiff v. CIGAR CITY SMOKED SALSA, LLC Defendant / COMPLAINT FOR TRADEMARK INFRINGEMENT AND FALSE DESIGNATION OF ORIGIN, WITH INJUNCTIVE RELIEF SOUGHT AND JURY TRIAL DEMANDED Plaintiff Cigar City Brewing LLC, a Florida limited liability company, files this Complaint against Defendant Cigar City Smoked Salsa, LLC, a Florida limited liability company. JURISDICTION AND VENUE 1. This is an action for monetary, injunctive, and declaratory relief arising under the trademark laws of the United States, including the Lanham Act, 15 U.S.C. § 1051 et seq. and under common law. 2. This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337 and 1338(a), and 15 U.S.C. § 1121(a), because this action arises under the laws of the 1 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 2 of 155 PageID 326 United States, specifically under the Trademark Laws of the United States, 15 U.S.C. §1051 et seq. The court can exercise supplemental jurisdiction over the related state law claims under 28 USC § 1367(a), because those claims are joined with related claims under the Lanham Act. 3. This court has personal jurisdiction over the Defendant because it maintains its principal place of business in Florida. 4. Venue is proper in the Middle District of Florida under 28 U.S.C. § 1391(b)(2), because Defendant’s business is located in this District, and a substantial part of the events or omissions alleged in this Complaint occurred in this district. 5. Venue is proper in this Division under Local Rule 1.02(b)(4) and (c), because the county with the greatest nexus to this case is Hillsborough County. PARTIES 6. Plaintiff is a Florida limited liability company with its principal place of business at 3924 West Spruce Street, Tampa, Florida 33607. 7. Plaintiff is engaged in, among other activities, brewing and sale of beer and ale (collectively, “beers”), and the operation of a facility where customers may purchase and consume Plaintiff’s beers and other products. 8. Defendant, on information and belief, is a Florida limited liability company having its principal office at 5106 North 30th Street, Tampa, Florida 33610. (Exhibit 1.) 9. On information and belief, Defendant manufactures and distributes smoked salsa in Florida, and, at all times relevant to this Complaint, Defendant had regular and 2 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 3 of 155 PageID 327 systematic contacts with and currently does substantial business within this District. PLAINTIFF CIGAR CITY BREWING LLC AND ITS TRADEMARKS 10. Plaintiff brews and distributes a broad range of award-winning beers in connection with a series of trademarks. (See Exhibit 2) 11. Plaintiff owns the trademark CIGAR CITY BREWING (the “Mark”), which it uses in connection with the sale of all of Plaintiff’s beers. 12. Plaintiff has been using the Mark continuously in connection with the sale and distribution of beers since at least as early as March, 2009 in the Tampa Bay area and beyond. 13. Plaintiff has enjoyed remarkable success and recognition with consumers for producing exceptional beers under its Mark, becoming the largest craft brewery based in Florida, and has developed considerable goodwill and value in its Mark. 14. Plaintiff was rated the third best brewer in the world for 2010 – just one year after opening its craft brewery – on the well-known website RateBeer.com for the beers sold under its Mark. http://www.ratebeer.com/ratebeerbest/bestbrewers_012010.asp. 15. Indeed, Plaintiff has been rated among the top five brewers in the world in five of the past seven years out of thousands of brewers on Ratebeer.com. See https://www.ratebeer.com/ratebeerbest/bestbrewers-world2017.asp (rated fourth best brewer in world for 2016 out of more than 20,000 brewers); http://www.ratebeer.com/RateBeerBest/bestbrewers_012013x.asp (rated fourth 3 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 4 of 155 PageID 328 best brewer for http://www.ratebeer.com/ratebeerbest/bestbrewers_012012.asp (rated brewer 2012); 2013); fifth best http://www.ratebeer.com/ratebeerbest/bestbrewers_012011.asp (rated fourth best brewer in the world for 2011). 16. Plaintiff is the owner of U.S. Registration No. 4,665,481 on the Principal Register for the mark CIGAR CITY BREWING for beer, and U.S. Registration No. 4,528,243 on the Principal Register for the mark CIGAR CITY BREWING and Design for beer shown below (collectively, the “Marks”). 17. Plaintiff’s Marks and their federal registrations are valid and subsisting. Copies of the registration certificates and assignment records for these registrations are attached as Exhibit 3. 18. In addition to being rated among the top brewers in the world, Plaintiff’s beers have won numerous other awards for quality at prestigious beer festivals and competitions and in reviews for beers produced and sold under the CIGAR CITY BREWING Marks, including those listed in Exhibit 4. 19. As a result of the high quality of its craft beer products, Plaintiff’s Marks have become famous as symbols of the quality of Plaintiff’s products. 20. Plaintiff’s beers are distributed and sold under the Marks in at least 12 states, from Florida north to New York and west to Colorado and Utah, and consumer demand for Plaintiff’s beers far outstrips available supply. 4 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 5 of 155 PageID 329 21. Since adopting the Marks, Plaintiff has spent significant sums to advertise and promote its products bearing the Marks. Plaintiff’s marketing and promotion efforts include point-of-sale display materials, sponsorship and donation of CIGAR CITY BREWING beer for events, extensive clothing and accessory merchandising as a secondary source indicator for CIGAR CITY BREWING beer, attendance at beer shows and festivals around the country and at beer tastings and competitions to promote CIGAR CITY BREWING beers, and web design, development and maintenance, among other activities to promote Plaintiff’s products. 22. Plaintiff also promotes its products through a website www.cigarcitybrewing.com (“Plaintiff’s Website”) (Exhibit 5). located at Plaintiff’s Website offers information on Plaintiff’s beers and on the various types of beers being served and sold at its tasting room in its brewery in Tampa, Florida. 23. Plaintiff owns substantial goodwill and value in its Marks and the trade name CIGAR CITY BREWING LLC. 24. Plaintiff has received considerable public recognition and acclaim in numerous unsolicited news media stories, blogs, interviews and reviews. 25. Plaintiff has achieved significant commercial success in connection with the use of Plaintiff’s Marks. Through Plaintiff’s efforts, the Marks have become famous as designators of the source of Plaintiff’s products. 5 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 6 of 155 PageID 330 DEFENDANT’S CONDUCT 26. On information and belief, Defendant was formed in 2012 and has at all times done business as CIGAR CITY SMOKED SALSA, LLC. 27. On information and belief, Defendant first sold its products bearing the trademark CIGAR CITY SMOKED SALSA in 2012. On information and belief, at a subsequent time Defendant changed its labeling to bear the trademark CIGAR CITY SALSA, deleting the word “SMOKED”. 28. On August 7, 2015, Defendant filed an application for federal registration of the trademark CIGAR CITY SALSA for salsa in the United States Patent and Trademark Office (“USPTO”), as Application Serial No. 86/717,924 (Exhibit 6). When that application was refused registration by the USPTO, Defendant amended it to seek registration on the Supplemental Register, which carries no presumption of ownership of the mark for the identified goods (Exhibit 7). Registration No. 5,014,834 issued for the mark on the Supplemental Register on August 2, 2016 (Exhibit 8) and Plaintiff has filed a petition to cancel that registration that is pending in the USPTO (Exhibit 9). 29. On October 5, 2016, Defendant filed an application for federal registration of the trademark CIGAR CITY SALSA for barbeque sauce, hot sauce, salsa and seasonings, as Application Serial No. 87/193,661 (Exhibit 10). Defendant claimed a date of first use for that mark of January 11, 2012 and has sought registration on the Principal Register under Section 2(f) of the United States Trademark Laws (15 U.S.C. § 1052(f)), on the basis of claiming five years of continuous and substantially exclusive use of that mark. Registration of that 6 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 7 of 155 PageID 331 application has been opposed by Plaintiff, and an opposition proceeding in the USPTO is currently pending (Exhibit 11). 30. On information and belief, Plaintiff has now further changed its labeling on some of its products to use of a trademark comprising simply CIGAR CITY, without the word “SALSA” (Exhibit 12). 31. On information and belief, Defendant selected the CIGAR CITY SALSA and CIGAR CITY marks, the CIGAR CITY SMOKED SALSA trade name, and the domain name cigarcitysalsa.com in an effort to associate its business with Plaintiff and its Marks. DEFENDANT’S ACTIONS ARE INTENDED TO CAUSE CONFUSION OR MISTAKE WITH PLAINTIFF’S TRADEMARKS 32. There is no question that Defendant has at all relevant times been aware of Plaintiff’s use of its Marks. 33. On information and belief, Defendant has, since prior to 2015, been aware of the favorable reputation and recognition of Plaintiff’s Marks. 34. Plaintiff’s beers and Defendant’s salsa are sold in the same channels of trade, including grocery stores, and liquor stores. For example, both parties’ products are sold in Publix Supermarkets, Walmart stores and ABC liquor stores, among others (Exhibits 13, 14, 15 and 16). 35. Beer and salsa, typically with snack chips, or with salsa on or in entrees, are frequently consumed together by the same persons and are thus purchased by the same types of consumers. 7 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 8 of 155 PageID 332 36. Brewers commonly extend their brands to a wide range of food products, including salsa, barbeque sauce, hot sauce and many other food products. (See, e.g., Exhibit 17) 37. Defendant’s use of the mark CIGAR CITY, especially with the successive deletion of “SMOKED” and then of “SALSA”, is likely to cause consumers to be confused, mistaken, or deceived into believing that Defendant’s goods come from or are connected with or are otherwise authorized, sponsored, or licensed by Plaintiff, when in fact they do not. 38. The marks CIGAR CITY SALSA and CIGAR CITY, when used for Defendant’s goods, so resemble the Plaintiff’s Marks as to be likely to cause confusion, mistake and/or deception. There have, in fact, been instances of actual confusion as to the source of Defendant’s goods, in which both store purchasing agents and consumers have believed that Defendant’s salsa is produced or sold by Plaintiff. DAMAGES CAUSED BY DEFENDANT 39. Defendant’s conduct has caused and, unless permanently enjoined, will continue to cause irreparable injury to Plaintiff in the form of lost goodwill, diminished reputation and increased costs. 40. To the extent that Defendant’s products are distinguishable from those of Plaintiff, Defendant’s conduct has diluted and, unless permanently enjoined, will continue to dilute the distinctive quality of Plaintiff’s Marks. 41. The threatened, continued injury to Plaintiff outweighs whatever damage the proposed injunction may cause Defendant, because Defendant has at all times 8 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 9 of 155 PageID 333 been aware of Plaintiff’s Marks, and Defendant has no legitimate interest in the continued use of a mark and trade name confusingly similar to Plaintiff’s Marks. 42. The public interest will be furthered by the granting of a permanent injunction, because the trademark laws were designed to prevent consumer confusion. 43. Plaintiff is further entitled to recover from Defendant all of the damages available under the applicable laws, including, but not limited to, actual damages, enhanced damages, interest and attorneys’ fees and costs it has sustained and will sustain, and any gains, profits and advantages obtained by Defendant as a result of the acts alleged herein. At present, such amounts cannot be fully ascertained by Plaintiff. 44. Plaintiff has retained the law firm of Carlton Fields Jorden Burt P.A. (“Carlton Fields”) to enforce its rights in this matter, and it has agreed to pay that firm a reasonable attorney’s fee for the services herein. COUNT I TRADEMARK INFRINGEMENT BY DEFENDANT-15 U.S.C. § 1114(1) 45. Plaintiff repeats and re-alleges the allegations set forth in paragraphs 1 through 44, above, as if fully set forth herein. 46. Defendant’s trademarks CIGAR CITY SALSA and CIGAR CITY, used in connection with the sale and promotion of its products, are confusingly similar to Plaintiff’s Marks shown in Federal Registration Nos. 4,665,481 and 4,528,243 and are likely to cause confusion, mistake, or deception of the public as to the origin, sponsorship or approval of Defendant’s products. 47. By reason of Defendant’s wrongful conduct, Plaintiff has been damaged. 9 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 10 of 155 PageID 334 48. By reason of the irreparable harm done to Plaintiff by the use of the infringing marks, Plaintiff is entitled to injunctive relief preventing further use of the terms CIGAR CITY or CIGAR CITY SALSA in connection with the sale or offering for sale of products by or for the benefit of Defendant. 49. Plaintiff is further entitled to an order cancelling Supplemental Registration No. 5,014,834 and holding as abandoned Federal Application Serial No. 87/193,661 of Defendant. 50. By reason of Defendant’s willfulness, Plaintiff is entitled to enhanced damages as permitted by statute. COUNT II FALSE DESIGNATION OF ORIGIN AND FALSE ADVERTISING - 15 U.S.C. § 1125(a) 51. Plaintiff repeats and re-alleges the allegations set forth in paragraphs 1 through 50, above, as if fully set forth herein. 52. Defendant’s actions in adopting and using a trademark that is confusingly similar to Plaintiff’s Marks are likely to cause confusion, mistake, or deception as to the origin, sponsorship, or approval of Defendant’s products and thus constitute false designation of origin in violation of 15 U.S.C. § 1125(a). 53. Defendant’s use of CIGAR CITY and CIGAR CITY SALSA in its advertising and promotion also constitutes false and misleading advertising and promotion, by misrepresenting the nature, characteristics, and/or qualities of its products, in violation of 15 U.S.C. § 1125(a)(1)(B), at least because Defendant’s products are not associated with, or endorsed, by Plaintiff. 10 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 11 of 155 PageID 335 54. By reason of Defendant’s false designation and false and misleading advertising and promotion, Plaintiff has been damaged, including by loss of goodwill in Plaintiff’s Marks. 55. Defendant’s false designation and false and misleading advertising and promotion have enabled it to earn profits to which it is not in law, equity or good conscience entitled and which have unjustly enriched it, all to Defendant’s profit and to Plaintiff’s loss, and Plaintiff is entitled to recover such profits. 56. By reason of the irreparable harm done to Plaintiff as a result of Defendant’s false designation and false and misleading advertising and promotion, Plaintiff is entitled to injunctive relief preventing further use of CIGAR CITY or CIGAR CITY SALSA in advertising done by Defendant in connection with its products. COUNT III COMMON LAW TRADEMARK INFRINGEMENT 57. Plaintiff repeats and re-alleges the allegations set forth in Paragraphs 1 through 56 above as if fully set forth herein. 58. Plaintiff has common law rights in the Marks. 59. Defendant infringed Plaintiff’s common law rights in the Marks by, at least, selling, offering for sale, and advertising products under the marks CIGAR CITY SMOKED SALSA, CIGAR CITY SALSA, and CIGAR CITY, using the trade name Cigar City Smoked cigarcitysmokedsalsa.com. 11 112155878.8 Salsa, and using the domain name Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 12 of 155 PageID 336 60. Defendant’s uses of CIGAR CITY in promotion of Defendant’s goods is likely to confuse consumers who understand CIGAR CITY to be an indication of the source of goods and services manufactured, offered, provided or endorsed by Plaintiff. 61. Defendant’s conduct constitutes common law trademark infringement and misappropriation of Plaintiff’s goodwill under the common law of Florida, by reason of which Plaintiff has suffered and will continue to suffer irreparable injury. JURY TRIAL DEMAND 62. Plaintiff demands trial by jury of all issues so triable. WHEREFORE, Plaintiff requests this Court grant the following in relief: a. Entry of an Order of injunctive relief to enjoin all infringing use by Defendant of any mark incorporating the term “CIGAR CITY”, including, but not limited to the marks CIGAR CITY, CIGAR CITY SALSA and CIGAR CITY SMOKED SALSA. b. A declaration declaring that Defendant’s actions violated the rights of Plaintiff in Plaintiff’s Marks. c. An Order canceling Supplemental Registration No. 5,014,834 and requiring abandonment of Federal Trademark Application Serial No. 87/193,661 for the mark CIGAR CITY SALSA; d. Entry of an Order enjoining Defendant from applying for or registering any mark incorporating the term “CIGAR CITY”; e. Entry of an Order requiring Defendant to provide an accounting of profits and sales made or arising from any products bearing any of the trademarks CIGAR CITY SMOKED SALSA, CIGAR CITY SALSA or CIGAR CITY; 12 112155878.8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 13 of 155 PageID 337 f. All remedies permitted by 15 U.S.C. §§ 1117 and 1125, including, but not limited to, recovery of Defendant’s profits, Plaintiff’s damages, enhanced damages, and Plaintiff’s reasonable attorney fees and costs; g. All remedies permitted by Florida common law including, but not limited to, a declaration of Defendant’s dilutive use, recovery of Defendant’s profits and Plaintiff’s damages, an injunction preventing further infringement and the costs of this action; h. Such further relief as this court deems just and proper. Dated July 19, 2017. Respectfully submitted, Carlton Fields Jorden Burt P.A. s/ C. Douglas McDonald (FBN 296538) dmcdonald@carltonfields.com Carlton Fields Jorden Burt P.A. 4221 West Boy Scout Boulevard Suite 1000 Tampa, Florida 33607 Telephone: 813-223-7000 Fax: 813-229-4133 Counsel for Plaintiff CIGAR CITY BREWING LLC 13 112155878.8 Case Document 8 Filed 07/24/17 Page 14 of 155 PageID 338 EXHIBIT 1 Detail by Entity Name Page 1 of 2 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 15 of 155 PageID 339 D IVISION Florida Department of State OF C ORPORATIONS Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company CIGAR CITY SMOKED SALSA, LLC Filing Information Document Number L12000005383 FEI/EIN Number 45-4240056 Date Filed 01/11/2012 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 01/08/2015 Event Effective Date NONE Principal Address 5106 NORTH 30TH STREET TAMPA, FL 33610 Changed: 01/08/2015 Mailing Address 5106 NORTH 30TH STREET TAMPA, FL 33610 Changed: 01/08/2015 Registered Agent Name & Address KANE, ROY 5106 NORTH 30TH STREET TAMPA, FL 33610 Name Changed: 01/08/2015 Address Changed: 01/08/2015 Authorized Person(s) Detail Name & Address Title MGR KANE, ROY 5106 NORTH 30TH STREET TAMPA, FL 33610 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/18/2017 Detail by Entity Name Page 2 of 2 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 16 of 155 PageID 340 Annual Reports Report Year Filed Date 2015 04/20/2015 2016 02/29/2016 2017 01/16/2017 Document Images 01/16/2017 -- ANNUAL REPORT View image in PDF format 02/29/2016 -- ANNUAL REPORT View image in PDF format 04/20/2015 -- ANNUAL REPORT View image in PDF format 02/19/2014 -- ANNUAL REPORT View image in PDF format 04/23/2013 -- ANNUAL REPORT View image in PDF format 01/11/2012 -- Florida Limited Liability View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/18/2017 Case Document 8 Filed 07/24/17 Page 17 of 155 PageID 341 EXHIBIT 2 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 18 of 155 PageID 342 CORES JAN FEB MAR APR MAY JUN Jai Alai IPA Lager JUL AUG SEP OCT NOV DEC CANS & DRAFT CANS & DRAFT Florida Cracker White Ale Invasion Pale Ale CANS & DRAFT CANS & DRAFT Maduro Brown Ale CANS & DRAFT CORES Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 19 of 155 PageID 343 7.5% 17 70 17 Amarillo, Simcoe, Cascade, Motueka, Centennial and CTZ hops 6-Packs Cans, 1/2 & 1/6 bbl Draft Core beer available year round IPA 12oz Can Case Jai Alai® INDIA PALE ALE BEER DESCRIPTION Jai Alai, a game native to the Basque region of Spain, is played on a court called a fronton. Jai Alai players attempt to catch a ball using a curved mitt whilst the ball travels at speeds up to 188mph! Proving they have a sense of humor the Spanish dubbed this game, with its ball traveling at racecar speeds, "the merry game." Tampa was once home to a bustling Jai Alai fronton but sadly all that remains of Jai Alai in the Tampa Bay area is this India Pale Ale that we brew in tribute to the merry game. The India Pale Ale style of beer has its roots in the ales sent from England to thirsty British troops in India during the 18th century. Pair Jai Alai India Pale Ale with beef empanadas, deviled crabs and other spicy dishes. TASTING NOTES An intense bouquet of tangerine and candied orange peel entice the nose while flavors of clementines, Valencia orange and subtle caramel provide counterpoint to an assertive bitterness and rich malt character. Bold hop flavor and aroma from six different hop varietals is front and center in this flavorful American IPA AWARDS Ratebeer: 99 overall BeerAdvocate: A- overall 2010 Best Florida Beer Championship Gold Medal 2011 Best Florida Beer Championship Silver Medal Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 20 of 155 PageID 344 4.5% 9.8 22 3 German hops, German malted barley, German lager yeast 6 pack Cans, 1/2 & 1/6 bbl Draft Core beer available year round Lager 12oz Can Case Lager TAMPA-STYLE LAGER BEER DESCRIPTION Inspired by traditional German lagers, our Tampa-style Lager is brewed with German malted barley, Hallertauer hops and an authentic Bavarian lager yeast. We combine these ingredients to create a style that's quite unique to our hometown of Tampa, Florida but will find admirers wherever a crisp, dry and flavorful lager is called for. Familiar to generations, it's truly a beer that's made for drinkin'. TASTING NOTES German hop aroma boasting floral and spicy notes meld with a nose of bread-like malt and light minerality while hop flavors of grass and a thirst-slaking bitterness are front and center on the palate of this crisp, clean Tampa-style lager. AWARDS 2016 Best Florida Beer Championships, Gold Medal, European & International Beers Category Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 21 of 155 PageID 345 5.5% 12 18 3 Unmalted wheat, orange peel, coriander 6-packs Cans, 1/2 & 1/6 bbl Draft Core beer available year round Lager 12oz Can Case Florida Cracker® BELGIAN-STYLE WHITE ALE BEER DESCRIPTION The Cracker Cowboys of Florida were colonial-era settlers, often of Scots-Irish descent, who arrived in Florida when Spain traded their territory of La Florida to the English. The term Cracker in Florida usage relates to the whip these "cow hunters" used to herd cattle in Florida's Palmetto Prairies. Called Quaqueros by the Spanish, these hardy and hard working Cracker Cowboys helped to shape the history of Florida, the nation's oldest cattle raising state. We brew Florida Cracker White Ale with unmalted wheat, orange peel and coriander and then ferment it with a Belgian yeast strain to give it a spicy and dry finish. Perfect for a warm day on the Palmetto Prairie. TASTING NOTES Citrus aromas of oranges and lime leaves mingle with bubblegum and dried flowers on the nose of this hazy and refreshing Belgian-style White Ale. High carbonation and herbaceous bitterness quench the thirst while lemon-lime esters and flavors of Valencia orange add unique depth of flavor and complexity. AWARDS Ratebeer: 89 overall BeerAdvocate: 84 overall 2015 U.S. Beer Open Championships Silver Medal Witbier Category 2016 Best Florida Beer Championship Bronze Medal Belgian/French Ales Category Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 22 of 155 PageID 346 5% 12.4 36 14 6-packs Cans, 1/2 & 1/6 bbl Draft Motueka, Galaxy, Simcoe, Pacifica, Amarillo hops Core beer available year round IPA 12oz Can Case Invasion® AMERICAN PALE ALE BEER DESCRIPTION The people of Tampa Bay have fallen prey to a pirate invasion annually for well over 100 years. After more than a century of failing to repel these seafaring raiders in their anachronistic wooden ships and despite access to modern sea, land and air arsenals that ostensibly should make short work of wind powered vessels equipped with naught but cast iron cannons and raging scurvy, it occurred to the folks of Cigar City Brewing that if you can't beat them, start saying "Arrrr Matey!" We have brewed Invasion Pale Ale, a citrusy, tropical and low-alcohol session beer brewed for those long days of marauding, pillaging and pirating. Cheers! TASTING NOTES Tropical aromas dominate the nose of this approachable, low alcohol pale ale with distinct notes of mango, tangerine and soursop. On the palate, a moderate bitterness is tempered by flavors of navel orange and clementine and a dry, bread-like malt quality that makes this Pale Ale at once approachable and incredibly flavorful. AWARDS Ratebeer: 96 overall Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 23 of 155 PageID 347 5.5% 14 25 32 Chocolate malt, flaked oats 6-pack Cans, 1/2 & 1/6 bbl Draft Core beer available year round Lager 12oz Can Case Maduro BROWN ALE BEER DESCRIPTION Maduro is a Northern English-style Brown Ale with some American affectations. Maduro is higher in alcohol than the common English Brown Ale and features flaked oats in the malt bill which imparts a silky body and works to mesh the roasted, toasted and chocolate components together in Maduro's complex malt profile. The end result is a remarkably full-flavored yet approachable Brown Ale that pairs well with mild to medium cigars. TASTING NOTES Aromas reminiscent of toffee and chocolate macaroons belie the low alcohol content and moderate body of this well-rounded English-style Brown Ale. Semi-sweet chocolate, almond and brown sugar flavors fill the palate but quickly dissipate into a dry, clean finish with notes of coffee grounds. AWARDS Ratebeer: 92 overall 2010 Best Florida Beer Championship Gold Medal 2011 United States Open Beer Championship Gold Medal Case Document 8 Filed 07/24/17 Page 24 of 155 PageID 348 EXHIBIT 3 Case Document 8 Filed 07/24/17 Page 25 of 155 PageID 349 with minim! ?tate? iBatent anti ?irahemark QBffiuz Reg. No. 4,528,243 Registered May 13, 2014 Int. CL: 32 TRADEMARK PRINCIPAL REGISTER Deputy Director of the United States Patent and Trademark Of?ce CIGAR CITY CIGAR CITY BREWING LLC (FLORIDA LIMITED LIABILITY COIVIPANY) SUITE A 3924 W. SPRUCE STREET FL 33607 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). FIRST USE 3-0-2009; IN CONIMERCE 8-12-2009. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE AND FROM THE MARK AS SHOWN. THE MARK CONSISTS OF AN OVAL WITH AN OUTLINE WITHIN WHICH THE WORDING APPEARS ON TOP, A DESIGN OF A CIGAR WITHA BAND AND AN OVAL CONTAINING THE LETTERS SUPERINIPOSED ON THE BAND APPEARS IN THE MIDDLE.AND THE WORDING APPEARS BELOW THE CIGAR SER. NO. 85-934.190, FILED 5-16-2013. JENNY PARK. EXAMINING ATTORNEY Case Document 8 Filed 07/24/17 Page 26 of 155 PageID 350 REQUIREMENTS TO MAINTAIN YOUR FEDERAL 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 ?le 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 ?le 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* What and When to File: You must ?le 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 ?led within six months after the deadlines listed above with the payment of an additional fee. The United States Patent and Trademark Of?ce (USPTO) will NOT send you any future notice or reminder of these ?ling requirements. MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely ?le the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for ?ling are based on the US. 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. SC. 1058, 1141k. However, owners of international registrations do not ?le renewal applications at the USPTO. Instead, the holder must ?le 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 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 ?le the registration maintenance documents referenced above online at gov. Page: 2 4,528,243 - G. Y-i TL _900371315 07/14/2016 Electronic Version v1.1 Stylesheet Version v1.2 ETAS ID: TM391443 SUBMISSION TYPE: NEW ASSIGNMENT NATURE OF CONVEYANCE: TRADEMARK SECURITY AGREEMENT CONVEYING PARTY DATA Name Formerly Execution Date Entity Type CIGAR CITY BREWING LLC 07/08/2016 Limited Liability Company: FLORIDA RECEIVING PARTY DATA Name: HPS INVESTMENT PARTNERS, LLC, AS ADMINISTRATIVE AGENT Street Address: 40 WEST 57TH STREET, 33RD FLOOR City: NEW YORK State/Country: NEW YORK Postal Code: 10019 Entity Type: Limited Liability Company: DELAWARE PROPERTY NUMBERS Total: 12 Property Type Number Word Mark Registration Number: 4459000 CCB Registration Number: 4665481 CIGAR CITY BREWING Registration Number: 4528243 CIGAR CITY BREWING TAMPA CCB Registration Number: 4583813 FLORIDA CRACKER Registration Number: 4600418 HOPPED ON THE HIGH SEAS Registration Number: 4648932 HOTTER THAN HELLES Registration Number: 4392339 HUMIDOR SERIES Registration Number: 4392338 Registration Number: 4396207 DAY Registration Number: 4622538 INVASION Registration Number: 4571821 JAI ALAI Registration Number: 4571987 TOCOBAGA CORRESPONDENCE DATA Fax Number: 7147558290 Correspondence will be sent to the e-mail address first; if that is unsuccessful, it will be sent using a fax number, if provided; if that is unsuccessful, it will be sent via US Mail. LATHAM WATKINS LLP 650 Town Center Drive, Suite 2000 Email: Correspondent Name: Address Line 1: 900371315 REEL: 005834 FRAME: 0707 ID 1' If) (-19 D. Address Line 4: Costa Mesa, CALIFORNIA 92626 ATTORNEY DOCKET NUMBER: 050485-30 NAME OF SUBMITTER: KRISTIN AZCONA SIGNATURE: DATE SIGNED: 07/14/2016 Total Attachments: 11 source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed TRADEMARK REEL: 005834 FRAME: 0708 Case Document 8 Filed 07/24/17 Page 29 of 155 PageID 353 Execution Version TRADEMARK SECURITY AGREEMENT TRADEMARK SECURITY AGREEMENT (?Agreement?), dated as of July 8, 2016, by and among CIGAR CITY BREWING LLC, a Florida limited liability company OSKAR BLUES BREWERY, LLC, a Colorado limited liability company SALT LAKE BREWING CO., L.C., a Utah limited liability company UTAH BREWERS COOPERATIVE, L.C., a Utah limited liability company and OBB PERRIN HOLDCO CORP., a Delaware corporation Perrin?; CCB, OBB Perrin, OBB, SLBC and UBC, individually as a ?Grantor? and collectively as ?Grantors?), in favor of HPS INVESTMENT PARTNERS, LLC, in its capacity as administrative agent (?Administrative Agent?) for the Secured Parties (as defined in the Credit Agreement (as defined below)). WITNESSETH: WHEREAS, pursuant to that certain Credit Agreement, dated as of even date herewith, by and among CCB, OBB, SLBC, UBC and OBB Perrin (each individually as a ?Borrower? and collectively as orrowers?), the other Loan Parties party thereto from time to time, Administrative Agent and the Lenders party thereto from time to time (as amended, supplemented, amended and restated or otherwise modified from time to time, the ?Credit Agreement?), the Lenders have agreed to make Loans to Borrowers; WHEREAS, pursuant to that certain Security Agreement, dated as of even date herewith, by and among Grantors, the other grantors party thereto and Administrative Agent (including all annexes, exhibits or schedules thereto, as from time to time amended, restated, supplemented or otherwise modified, the ?Security Agreement?), as security for all Obligations, each Grantor granted to Administrative Agent, for the benefit of the Secured Parties, a continuing security interest in, lien on, and right of set?off against all Trademarks of such Grantor, whether now owned or existing or hereafter acquired or arising; and WHEREAS, pursuant to the Security Agreement, each Grantor is required to execute and deliver to Administrative Agent, for the benefit of Secured Parties, this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby agrees as follows: 1. DEFINED TERMS. All capitalized terms used but not otherwise defined herein (including in the recitals above) have the meanings given to them in the Credit Agreement. 2. GRANT OF SECURITY INTEREST IN TRADEMARK COLLATERAL. Each Grantor hereby grants to Administrative Agent, for the benefit of the Secured Parties, a continuing first priority security interest in, and lien upon, all of such Grantor's presently existing or hereafter acquired right, title and interest in and to the TRADEMARK REEL: 005834 FRAME: 0709 Case Document 8 Filed 07/24/17 Page 30 of 155 PageID 354 Trademarks, including, without limitation, the Trademarks set forth on Schedule A hereto, all related goodwill, and all proceeds and products thereof. Notwithstanding the foregoing or anything else contained herein to the contrary, ?Trademarks? shall not include any ?intent to use? trademark application until such time as such Grantor begins to use such trademark. 3. SECURITY AGREEMENT. The security interests granted pursuant to this Agreement are granted in conjunction with, and not in limitation of, the security interests granted to Administrative Agent pursuant to the Security Agreement. Each Grantor hereby acknowledges and affirms that the rights and remedies of Administrative Agent with respect to the security interest in the Trademarks and related Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. 4. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall constitute an original, but all of which shall constitute a single contract. It shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. Delivery of an executed counterpart of a signature page of this Agreement by telecopy or other electronic imaging means shall be effective as delivery of a manually executed counterpart of this Agreement. 5. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to its choice of law provisions. [Signature Page Follows] TRADEMARK REEL: 005834 FRAME: 0710 Case Document 8 Filed 07/24/17 Page 31 of 155 PageID 355 IN WITNESS WHEREOF each Grantor has caused this Agreement to be executed and delivered by its duly authorized of?cer as of the date ?rst set forth abav?e? OSKAR BLUES BREWERY, LLC Name: Christopher Akelman Title: Vice President SALT LAKE BREWING LC, a Utah limited liability company, as a'Bor'rower . By; Nanci Matt Brass Title: Chief Financial Of?Cer UTAH BREWERS COOPERATIVE, a Utah limited liability company, as a Borrower By: Name: Matt Fraser Title: Chief Finanrgi?al Of?cer 013B PERRIN HOLDCO CORP. By: . Stopher Akalman Title: Treasurer CIGAR CITY By: Name; 'Matt Fraser Title: Treasurer-and Secretary Signature Page to Trad emark SeCurlty Agreement Oskar Blue?s TRADEMARK REEL: 005834 FRAME: 0711 Case Document8 Filed 07/24/17 Page 32 of 155 PageID 356 IN WITNESS WHEREOF, each GrantOr has caused this Agreement to be exeCuted and delivered by its duly authorized of?cer as of the date ?rst set forth above OSKAR BLUES LLC. By: Name:- Christopher Akelman Title: Vice Pre'Sident SALT LAKE BREWING CO., L. (3 a. Utah limited liability company, as a BoerWer -Name:_ Matt Fra . Title: Chief Financial Of?cer UTAH BREWERS COOPERATIVE, C., a Utah limited liability company, as a Berrower Name Matt Fras Title: Chief Fin eial Of?cer 0313 PERRIN CORP, By: - . Name: Christopher Akelman - _Title: Treasurer 3 - 3' Name Matt raser Title: Treasurer dSecretary Signature Page to Trademark Security Agreement - Oskar Blues - TRADEMARK - REEL: 005834 FRAME: 0712 Case Document 8 Filed 07/24/17 Page 33 of 155 PageID 357 AM) ZEN {E??ri?ifii?i} $55.12? F: PART: LUIS. 13:2: Adn'?. waive: Again'E?itie: Dire-Liter Page is) 'f?z'adtnnas?k Satuz??iy Agreement Dakar Bil ?a TRADEMARK REEL: 005834 FRAME: 0713 Case Document 8 Filed 07/24/17 Page 34 of 155 PageID 358 Schedule A Registered Trademarks OSKAR BLUES BREWERY Oskar Blues Brewery, Registered LLC 3198713, registered 1/16/07 OSKAR BLUES GRILL AND Oskar Blues Brewery, Registered BREW LLC 3198714, registered 1/16/07 OSKAR BLUES HOME Oskar Blues Brewery, Registered MADE LIQUIDS AND LLC SOLIDS 3921192, registered 2/15/11 OLD CHUB Oskar Blues Brewery, Registered LLC 3208205, registered 2/13/07 PALE ALE Oskar Blues Brewery, Registered LLC 3098105, registered 5/30/06 LITTLE YELLA Oskar Blues Brewery, Registered PILS LLC 3983771, registered 6/28/11 Oskar Blues Brewery, Registered LLC 3997561, registered 7/ 19/11 DEVIANT DALES Oskar Blues Brewery, Registered LLC 4208990, registered 9/18/12 Oskar Blues Brewery, Registered LLC 4572575, registered 7/22/14 MOUNTAIN PALE ALE Oskar Blues Brewery, Registered TRADEMARK REEL: 005834 FRAME: 0714 Case Document 8 Filed 07/24/17 Page 35 of 155 PageID 359 LLC 4395450, registered 9/3/13 TEN FIDY IMPERIAL Oskar Blues Brewery, Registered STOUT and design LLC 4,005,798, registered 8/2/11 Oskar Blues Brewery, Registered design LLC 4061020, registered 11/22/11 THE OLD CHUB WAY Oskar Blues Brewery, Registered EXPEDITIOUS CHOW LLC DISPENSARY (stylized) 41 11142, registered 3/ 13/ 12 THE. Eisr?pitaus cm inrensari BURNING CAN Oskar Blues Brewery, Registered LLC 4583977, registered 8/ 12/14 Oskar Blues Brewery, Registered LLC 4695996, 3/3/2015 DALEGATE Oskar Blues Brewery, Pending LLC 86756759, 9/15/15 CANIVERSARY Oskar Blues Brewery, Registered LLC 4695484, 3/3/2015 Beerito Oskar Blues Brewery, Registered TRADEMARK REEL: 005834 FRAME: 0715 Case Document 8 Filed 07/24/17 Page 36 of 155 PageID 360 LLC 4946355, 4/26/2016 HOT BOX Oskar Blues Brewery, Registered LLC 4895864, 2/2/16 Priscilla Oskar Blues Brewery, Registered LLC 4946329, 4/26/2016 The Deuce Oskar Blues Brewery, Pending LLC 87049951, 5/25/16 PALE ALE Oskar Blues Brewery, Registration N0.: 3098105 LLC Registered: May 30, 2006 CAPT. 74/581,875 1,925,760 10-Oct-95 Salt Lake Brewing OATMEAL STOUT (30., FULL SUSPENSION PALE 75/232,357 01-Jan-97 2,127,348 6-1 an?98 Salt Lake Brewing ALE (30., L.C. GHOSTRIDER 85/627491 16-May-12 4,293,492 19-Feb-13 Utah Brewers Cooperative, L.C. GOOD FOR WHAT ALES 74/584,560 12-Oct-94 2,007,460 15-00t-96 Salt Lake Brewing YOU (30., L.C. GOOD FOR WHAT ALES 74/084,454 1-Aug-90 1,656,409 10-Sep-91 Salt Lake Brewing YOU C0., L.C. KEEP 77/659,622 29-Jan-09 3,779,201 15-Feb-11 Salt Lake Brewing (30., L.L.C. HOP RISING 77/959,493 15-Mar-10 3,953,411 3-May-11 Salt Lake Brewing C0., L.C. SQUATTERS 74/5 87,966 1,939,613 5-Dec-95 Salt Lake Brewing (30., SQUATTERS 74/5 87,766 1,979,254 11-Jun-96 Salt Lake Brewing (30., L.C. SQUATTERS 74/5 87,975 1,985,070 9-1 ul-96 Salt Lake Brewing (30., BLACK 86082869 4?00t- 1 3 463 3914 4?N0v- 14 Utah Brewers Cooperative, L.C. TRADEMARK 0716 005834 FRAME: REEL Case Document 8 Filed 07/24/17 Page 37 of 155 PageID 361 BOBSLED 86177766 28-Jan-14 4580163 5-Aug-14 Utah Brewers Cooperative, LLC BUMPER CROP 86184494 4?Feb- 14 4597054 2-Sep-14 Utah Brewers Cooperative, L.C. CHASING TAIL GOLDEN 86165 846 15-Jan? 14 4580121 5-Aug- 14 Utah Brewers ALE Cooperative, LLC DEVAS TATOR 86161283 9-Jan-14 n/ a n/a Utah Brewers Cooperative, L.C. LAST ONE IN 86162025 9-Jan- 14 4634169 4-Nov-14 Utah Brewers Cooperative, LLC LIVE AND LET LIVE 86184377 4?Feb? 14 4765 360 30?Jun- 15 Utah Brewers Cooperative, L.C. OFF DUTY INDIA PALE ALE 86135935 4634096 4?Nov-14 Utah Brewers Cooperative, L.C. OUTER DARKNESS 86177752 28-Jan-14 4580162 5-Aug-14 Utah Brewers Cooperative, LLC PASTOR CURFEW 86805116 30-Oct- 15 n/a n/a Utah Brewers Cooperative, L.C. PARTY IN A BOX 86177589 28-Jan-14 4687161 n/a Utah Brewers Cooperative, LLC POLYGAMY PORTER 85/591439 6?Apr?12 4245494 20-NOV- 12 Utah Brewers Cooperative, L.C. POLYGAMY PORTER 85/590904 6-APR-12 425 333 3 4-DEC- 12 Utah Brewers Cooperative, L.C. PROVO GIRL 86167082 16-Jan-14 45 80134 5-Aug-14 Utah Brewers Cooperative, LLC RESPECT YOUR MOTHER 86184362 4-Feb- 14 463425 7 4-Nov- 14 Utah Brewers Cooperative, LLC SNAP DOWN HEADER 86162018 9-Jan-14 4634168 4?Nov- 14 Utah Brewers Cooperative, LLC SLICKROCK 86804013 29-Oct- 15 4978076 14-Jun- 16 Utah Brewers Cooperative, L.C. SQUASATCH HOPPY 86805196 30-Oct- 15 n/a n/a Utah Brewers PILSNER Cooperative, L.C. WE DRINK OUR SHARE 86877122 15_Jan?16 4983325 21-Jun-16 Utah Brewers AND SELL THE REST Cooperative, L.C. WASATCH BEERS 86163765 13-Jan? 14 4580032 5-Aug- 14 Utah Brewers Cooperative, LLC WEE PEAT SCOTTISH ALE 86184385 4?Feb-14 n/ a n/a Utah Brewers Cooperative, L.C. FIRST ONE DOWN 864001 10 Pending nfa n/a Utah Brewers application Cooperative, L.C. TRADEMARK 0717 005834 FRAME: REEL filed 19- SEP- 14 WELLIED IRISH STOUT 86400035 Pending n/a application filed 19- SEP- 14 n/a Utah Brewers Cooperative, L.C. 862935 85 Pending n/a application filed 28- n/a Utah Brewers Cooperative, L.C. Case Document 8 Filed 07/24/17 Page 38 of 155 PageID 362 PERRIN BREWING COMPANY OBB PERRIN HOLDCO CORP Registered 4915662, 3/8/2016 98 PROBLEMS A HOP ONE OBB PERRIN HOLDCO CORP Application No.: 86626576 Filed: May 12, 2015 CCB Cigar City Brewing LLC Registration No.: 4,459,000 Registered: Dec. 31, 2013 CIGAR CITY BREWING Cigar City Brewing LLC Registration No.: 4,665,481 Registered: Jan. 6, 2015 CIGAR CITY BREWING Cigar City Brewing LLC Registration No.: 4,528,243 Registered: May 13, 2014 FLORIDA CR ACKER Cigar City Brewing LLC Registration No.: 4,583,813 Registered: Aug. 12, 2014 TRADEMARK REEL: 005834 FRAME: 0718 Case Document 8 Filed 07/24/17 Page 39 of 155 PageID 363 HOPPED ON HIGH SEAS Cigar City Brewing LLC Registration N0.: 4,600,418 Registered: Sep. 9, 2014 HOTTER THAN HELLES Cigar City Brewing LLC Registration N0.: 4,648,932 Registered: Dec. 2, 2014 HUMIDOR SERIES Cigar City Brewing LLC Registration N0.: 4,392,339 Registered: Aug. 27, 2013 Cigar City Brewing LLC Registration N0.: 4,392,338 Registered: Aug. 27, 2013 DAY Cigar City Brewing LLC Registration N0.: 4,396,207 Registered: Sep. 3, 2013 INVASION Cigar City Brewing LLC Registration N0.: 4,622,538 Registered: Oct. 14, 2014 AI ALAI Cigar City Brewing LLC Registration N0.: 4,571,821 Registered: July 22, 2014 TOCOBAGA Cigar City Brewing LLC Registration N0.: 4,571,987 Registered: July 22, 2014 THE PEREGRINATION Cigar City Brewing LLC Application N0.: 86/451,192 PROJECT Filed: November 11, 2014 TRADEMARK REEL: 005834 FRAME: 0719 RECORDED: 07l14l2016 Case Document 8 Filed 07/24/17 Page 40 of 155 PageID 364 ??ing? @t?t?g [If amen/t minim! 5mm: iBatent anti ?irahemark QBffiuz CIGAR CITY BREWING Reg. No, 4,665,481 CIGAR CITY BREWING LLC (FLORIDA LIMITED LIABILITY COMPANY) . 3924 W. SPRUCE STREET Reglstered Jan. 6, 2015 SUITEA TAMPA, FL 33607 Int. CL: 32 FOR: BEER, IN CLASS 32 (US. CLS. 45, 46 AND 48). TRADEMARK FIRST USE 3-28-2009; IN COMMERCE 23?12?2009. PRINCIPAL REGISTER THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR- TICULAR FONT, STYLE, SIZE, OR COLOR. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE APART FROM THE MARK AS SHOWN. SEC. SER. NO. 85?792,400, FILED 12?1?2012. ZACHARY BELLO, EXAMINING ATTORNEY Deputy Director of the United States Patent and Trademark Of?ce Case Document 8 Filed 07/24/17 Page 41 of 155 PageID 365 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 ?le 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 ?le 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" What and When to File: You must ?le 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 ?led within six months after the deadlines listed above with the payment of an additional fee. The United States Patent and Trademark Of?ce (USPTO) will NOT send you any future notice or reminder of these ?ling requirements. MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely ?le the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for ?ling are based on the US. 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 ?le renewal applications at the USPTO. Instead, the holder must ?le 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 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 ?le the registration maintenance documents referenced above online at Page: 2 RN 4,665,481 ETAS ID: TM391443 Electronic Version v1.1 Stylesheet Version v1.2 SUBMISSION TYPE: NEW ASSIGNMENT NATURE OF CONVEYANCE: TRADEMARK SECURITY AGREEMENT CONVEYING PARTY DATA Name Formerly CIGAR CITY BREWING LLC Execution Date 07/08/2016 Entity Type Limited Liability Company: FLORIDA RECEIVING PARTY DATA Name: HPS INVESTMENT PARTNERS, LLC, AS ADMINISTRATIVE AGENT Street Address: 40 WEST 57TH STREET, 33RD FLOOR City: NEW YORK State/Country: NEW YORK Postal Code: 10019 Entity Type: Limited Liability Company: DELAWARE PROPERTY NUMBERS Total: 12 Property Type Number Word Mark Registration Number: 4459000 CCB Registration Number: 4665481 CIGAR CITY BREWING Registration Number: 4528243 CIGAR CITY BREWING TAMPA CCB 9 Registration Number: 4583813 FLORIDA CRACKER Registration Number: 4600418 HOPPED ON THE HIGH SEAS Registration Number: 4648932 HOTTER THAN HELLES 3 Registration Number: 4392339 HUMIDOR SERIES Registration Number: 4392338 33 Registration Number: 4396207 DAY 3 Registration Number: 4622538 INVASION Registration Number: 4571821 JAI ALAI Registration Number: 4571987 TOCOBAGA CORRESPONDENCE DATA Fax Number: 7147558290 Correspondence will be sent to the e-mail address first; if that is unsuccessful, it will be sent using a fax number, if provided; if that is unsuccessful, it will be sent via US Mail. LATHAM WATKINS LLP 650 Town Center Drive, Suite 2000 Email: Correspondent Name: Address Line 1: 900371315 REEL: 005834 FRAME: 0707 Address Line 4: Costa Mesa, CALIFORNIA 92626 ATTORNEY DOCKET NUMBER: 050485-30 NAME OF SUBMITTER: KRISTIN AZCONA SIGNATURE: DATE SIGNED: 07/14/2016 Total Attachments: 11 source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed source=Happy Hour - Trademark Security Agreement executed TRADEMARK REEL: 005834 FRAME: 0708 Case Document 8 Filed 07/24/17 Page 44 of 155 PageID 368 Execution Version TRADEMARK SECURITY AGREEMENT TRADEMARK SECURITY AGREEMENT (?Agreement?), dated as of July 8, 2016, by and among CIGAR CITY BREWING LLC, a Florida limited liability company OSKAR BLUES BREWERY, LLC, a Colorado limited liability company SALT LAKE BREWING CO., L.C., a Utah limited liability company UTAH BREWERS COOPERATIVE, L.C., a Utah limited liability company and OBB PERRIN HOLDCO CORP., a Delaware corporation Perrin?; CCB, OBB Perrin, OBB, SLBC and UBC, individually as a ?Grantor? and collectively as ?Grantors?), in favor of HPS INVESTMENT PARTNERS, LLC, in its capacity as administrative agent (?Administrative Agent?) for the Secured Parties (as defined in the Credit Agreement (as defined below)). WITNESSETH: WHEREAS, pursuant to that certain Credit Agreement, dated as of even date herewith, by and among CCB, OBB, SLBC, UBC and OBB Perrin (each individually as a ?Borrower? and collectively as orrowers?), the other Loan Parties party thereto from time to time, Administrative Agent and the Lenders party thereto from time to time (as amended, supplemented, amended and restated or otherwise modified from time to time, the ?Credit Agreement?), the Lenders have agreed to make Loans to Borrowers; WHEREAS, pursuant to that certain Security Agreement, dated as of even date herewith, by and among Grantors, the other grantors party thereto and Administrative Agent (including all annexes, exhibits or schedules thereto, as from time to time amended, restated, supplemented or otherwise modified, the ?Security Agreement?), as security for all Obligations, each Grantor granted to Administrative Agent, for the benefit of the Secured Parties, a continuing security interest in, lien on, and right of set?off against all Trademarks of such Grantor, whether now owned or existing or hereafter acquired or arising; and WHEREAS, pursuant to the Security Agreement, each Grantor is required to execute and deliver to Administrative Agent, for the benefit of Secured Parties, this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby agrees as follows: 1. DEFINED TERMS. All capitalized terms used but not otherwise defined herein (including in the recitals above) have the meanings given to them in the Credit Agreement. 2. GRANT OF SECURITY INTEREST IN TRADEMARK COLLATERAL. Each Grantor hereby grants to Administrative Agent, for the benefit of the Secured Parties, a continuing first priority security interest in, and lien upon, all of such Grantor's presently existing or hereafter acquired right, title and interest in and to the TRADEMARK REEL: 005834 FRAME: 0709 Case Document 8 Filed 07/24/17 Page 45 of 155 PageID 369 Trademarks, including, without limitation, the Trademarks set forth on Schedule A hereto, all related goodwill, and all proceeds and products thereof. Notwithstanding the foregoing or anything else contained herein to the contrary, ?Trademarks? shall not include any ?intent to use? trademark application until such time as such Grantor begins to use such trademark. 3. SECURITY AGREEMENT. The security interests granted pursuant to this Agreement are granted in conjunction with, and not in limitation of, the security interests granted to Administrative Agent pursuant to the Security Agreement. Each Grantor hereby acknowledges and affirms that the rights and remedies of Administrative Agent with respect to the security interest in the Trademarks and related Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. 4. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall constitute an original, but all of which shall constitute a single contract. It shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. Delivery of an executed counterpart of a signature page of this Agreement by telecopy or other electronic imaging means shall be effective as delivery of a manually executed counterpart of this Agreement. 5. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to its choice of law provisions. [Signature Page Follows] TRADEMARK REEL: 005834 FRAME: 0710 Case Document 8 Filed 07/24/17 Page 46 of 155 PageID 370 IN WITNESS WHEREOF each Grantor has caused this Agreement to be executed and delivered by its duly authorized of?cer as of the date ?rst set ferth abev?e OSKAR BLUES BREWERY, LLC Name: Christopher Akelman Title: Vice President SALT LAKE BREWING LC, a Utah limited liability company, as a'Bor'it'ower . By; 15131116ng Erase Title: Chief Financial Of?Cer UTAH BREWERS COOPERATIVE, 3. Utah Iimited liability company, as a Borrower By: Name: Matt Fraser Title: Chief Financial Of?cer 013B PERRIN HOLDCO CORP. By: . Stepher Amman Title: Treasurer CIGAR CITY By: Name; 'Matt Fraser Title: Treasurer-and Secretary Signature Page to Trad emark SeCurlty Agreement Oskar Blue?s TRADEMARK REEL: 005834 FRAME: 0711 Case Document-8 Filed 07/24/17 Page 47 of 155 PageID 371 IN WITNESS WHEREOF, _e_ach GrantOr has caused this Agreement to be exeCuted and delivered by its duly authorized of?cer as of the date ?rst set forth above OSKAR BLUES LLC. By: Name:- Akelman Title: Vice Pre'Sident SALT LAKE BREWING CO., L. a. Utah limited liability company, as a BoerWer -Name:_ Matt Fra 1? . Title: Chief Financial Of?cer UTAH BREWERS COOPERATIVE, C., a Utah limited l1ab1l1ty company, as a Berrower Name Matt Fras Title: Chief Fin eial Of?cer 0313 PERRIN CORP, By: - . Name; Akelman - Title: Treasurer 3 - Name Matt raser Title: Treasurer dSecretary Signature Page to Trademark Security Agreement - Oskar Blues - TRADEMARK - REEL: 005834 FRAME: 0712 Case Document 8 Filed 07/24/17 Page 48 of 155 PageID 372 AM) ZEN {E??ri?ifii?i} $55.12? F: PART: LUIS. 13:2: Adn'?. waive: Again'E?itie: Dire-Liter Page is) 'f?z'adtnnas?k Satuz??iy Agreement Dakar Bil ?a TRADEMARK REEL: 005834 FRAME: 0713 Case Document 8 Filed 07/24/17 Page 49 of 155 PageID 373 Schedule A Registered Trademarks OSKAR BLUES BREWERY Oskar Blues Brewery, Registered LLC 3198713, registered 1/16/07 OSKAR BLUES GRILL AND Oskar Blues Brewery, Registered BREW LLC 3198714, registered 1/16/07 OSKAR BLUES HOME Oskar Blues Brewery, Registered MADE LIQUIDS AND LLC SOLIDS 3921192, registered 2/15/11 OLD CHUB Oskar Blues Brewery, Registered LLC 3208205, registered 2/13/07 PALE ALE Oskar Blues Brewery, Registered LLC 3098105, registered 5/30/06 LITTLE YELLA Oskar Blues Brewery, Registered PILS LLC 3983771, registered 6/28/11 Oskar Blues Brewery, Registered LLC 3997561, registered 7/ 19/11 DEVIANT DALES Oskar Blues Brewery, Registered LLC 4208990, registered 9/18/12 Oskar Blues Brewery, Registered LLC 4572575, registered 7/22/14 MOUNTAIN PALE ALE Oskar Blues Brewery, Registered TRADEMARK REEL: 005834 FRAME: 0714 Case Document 8 Filed 07/24/17 Page 50 of 155 PageID 374 LLC 4395450, registered 9/3/13 TEN FIDY IMPERIAL Oskar Blues Brewery, Registered STOUT and design LLC 4,005,798, registered 8/2/ 11 Oskar Blues Brewery, Registered design LLC 4061020, registered 11/22/11 THE OLD CHUB WAY Oskar Blues Brewery, Registered EXPEDITIOUS CHOW LLC DISPENSARY (stylized) 41 11142, registered 3/ 13/ 12 THE. Eisr?pitaus cm imam BURNING CAN Oskar Blues Brewery, Registered LLC 4583977, registered 8/ 12/14 Oskar Blues Brewery, Registered LLC 4695996, 3/3/2015 DALEGATE Oskar Blues Brewery, Pending LLC 86756759, 9/15/15 CANIVERSARY Oskar Blues Brewery, Registered LLC 4695484, 3/3/2015 Beerito Oskar Blues Brewery, Registered TRADEMARK REEL: 005834 FRAME: 0715 Case Document 8 Filed 07/24/17 Page 51 of 155 PageID 375 LLC 4946355, 4/26/2016 HOT BOX Oskar Blues Brewery, Registered LLC 4895864, 2/2/16 Priscilla Oskar Blues Brewery, Registered LLC 4946329, 4/26/2016 The Deuce Oskar Blues Brewery, Pending LLC 87049951, 5/25/16 PALE ALE Oskar Blues Brewery, Registration N0.: 3098105 LLC Registered: May 30, 2006 CAPT. 74/581,875 4-00t-94 1,925,760 10-Oct-95 Salt Lake Brewing OATMEAL STOUT (30., FULL SUSPENSION PALE 75/232,357 01-Jan-97 2,127,348 6-1 an?98 Salt Lake Brewing ALE (30., L.C. GHOSTRIDER 85/627491 16-May-12 4,293,492 19-Feb-13 Utah Brewers Cooperative, L.C. GOOD FOR WHAT ALES 74/584,560 12-Oct-94 2,007,460 15-00t-96 Salt Lake Brewing YOU (30., L.C. GOOD FOR WHAT ALES 74/084,454 1-Aug-90 1,656,409 10-Sep-91 Salt Lake Brewing YOU C0., L.C. KEEP 77/659,622 29-Jan-09 3,779,201 15-Feb-11 Salt Lake Brewing (30., L.L.C. HOP RISING 77/959,493 15-Mar-10 3,953,411 3-May-11 Salt Lake Brewing C0., L.C. SQUATTERS 74/5 87,966 20-00t-94 1,939,613 5-Dec-95 Salt Lake Brewing (30., SQUATTERS 74/5 87,766 20-00t?94 1,979,254 11-Jun-96 Salt Lake Brewing (30., L.C. SQUATTERS 74/5 87,975 20-00t?94 1,985,070 9-1 ul-96 Salt Lake Brewing (30., BLACK 86082869 4?00t- 1 3 463 3914 4-N0v-14 Utah Brewers Cooperative, L.C. TRADEMARK 0716 005834 FRAME: REEL Case Document 8 Filed 07/24/17 Page 52 of 155 PageID 376 BOBSLED 86177766 28-Jan-14 4580163 5-Aug-14 Utah Brewers Cooperative, LLC BUMPER CROP 86184494 4?Feb- 14 4597054 2-Sep-14 Utah Brewers Cooperative, L.C. CHASING TAIL GOLDEN 86165 846 15-Jan? 14 4580121 5-Aug- 14 Utah Brewers ALE Cooperative, LLC DEVAS TATOR 86161283 9-Jan-14 n/ a n/a Utah Brewers Cooperative, L.C. LAST ONE IN 86162025 9-Jan- 14 4634169 4-Nov-14 Utah Brewers Cooperative, LLC LIVE AND LET LIVE 86184377 4?Feb? 14 4765 360 30?Jun- 15 Utah Brewers Cooperative, L.C. OFF DUTY INDIA PALE ALE 86135935 4634096 4?Nov-14 Utah Brewers Cooperative, L.C. OUTER DARKNESS 86177752 28-Jan-14 4580162 5-Aug-14 Utah Brewers Cooperative, LLC PASTOR CURFEW 86805116 30-Oct- 15 n/a n/a Utah Brewers Cooperative, L.C. PARTY IN A BOX 86177589 28-Jan-14 4687161 n/a Utah Brewers Cooperative, LLC POLYGAMY PORTER 85/591439 6?Apr?12 4245494 20-NOV- 12 Utah Brewers Cooperative, L.C. POLYGAMY PORTER 85/590904 6-APR-12 425 333 3 4-DEC- 12 Utah Brewers Cooperative, L.C. PROVO GIRL 86167082 16-Jan-14 45 80134 5-Aug-14 Utah Brewers Cooperative, LLC RESPECT YOUR MOTHER 86184362 4-Feb- 14 463425 7 4-Nov- 14 Utah Brewers Cooperative, LLC SNAP DOWN HEADER 86162018 9-Jan-14 4634168 4?Nov- 14 Utah Brewers Cooperative, LLC SLICKROCK 86804013 29-Oct- 15 4978076 14-Jun- 16 Utah Brewers Cooperative, L.C. SQUASATCH HOPPY 86805196 30-Oct- 15 n/a n/a Utah Brewers PILSNER Cooperative, L.C. WE DRINK OUR SHARE 86877122 15_Jan?16 4983325 21-Jun-16 Utah Brewers AND SELL THE REST Cooperative, L.C. WASATCH BEERS 86163765 13-Jan? 14 4580032 5-Aug- 14 Utah Brewers Cooperative, LLC WEE PEAT SCOTTISH ALE 86184385 4?Feb-14 n/ a n/a Utah Brewers Cooperative, L.C. FIRST ONE DOWN 864001 10 Pending nfa n/a Utah Brewers application Cooperative, L.C. TRADEMARK 0717 005834 FRAME: REEL filed 19- SEP- 14 WELLIED IRISH STOUT 86400035 Pending n/a application filed 19- SEP- 14 n/a Utah Brewers Cooperative, L.C. 862935 85 Pending n/a application filed 28- n/a Utah Brewers Cooperative, L.C. Case Document 8 Filed 07/24/17 Page 53 of 155 PageID 377 PERRIN BREWING COMPANY OBB PERRIN HOLDCO CORP Registered 4915662, 3/8/2016 98 PROBLEMS A HOP ONE OBB PERRIN HOLDCO CORP Application No.: 86626576 Filed: May 12, 2015 CCB Cigar City Brewing LLC Registration No.: 4,459,000 Registered: Dec. 31, 2013 CIGAR CITY BREWING Cigar City Brewing LLC Registration No.: 4,665,481 Registered: Jan. 6, 2015 CIGAR CITY BREWING Cigar City Brewing LLC Registration No.: 4,528,243 Registered: May 13, 2014 FLORIDA CR ACKER Cigar City Brewing LLC Registration No.: 4,583,813 Registered: Aug. 12, 2014 TRADEMARK REEL: 005834 FRAME: 0718 Case Document 8 Filed 07/24/17 Page 54 of 155 PageID 378 HOPPED ON HIGH SEAS Cigar City Brewing LLC Registration N0.: 4,600,418 Registered: Sep. 9, 2014 HOTTER THAN HELLES Cigar City Brewing LLC Registration No.: 4,648,932 Registered: Dec. 2, 2014 HUMIDOR SERIES Cigar City Brewing LLC Registration No.: 4,392,339 Registered: Aug. 27, 2013 Cigar City Brewing LLC Registration N0.: 4,392,338 Registered: Aug. 27, 2013 DAY Cigar City Brewing LLC Registration N0.: 4,396,207 Registered: Sep. 3, 2013 INVASION Cigar City Brewing LLC Registration N0.: 4,622,538 Registered: Oct. 14, 2014 AI ALAI Cigar City Brewing LLC Registration N0.: 4,571,821 Registered: July 22, 2014 TOCOBAGA Cigar City Brewing LLC Registration No.: 4,571,987 Registered: July 22, 2014 THE PEREGRINATION Cigar City Brewing LLC Application N0.: 86/451,192 PROJECT Filed: November 11, 2014 TRADEMARK REEL: 005834 FRAME: 0719 RECORDED: 07l14l2016 Case Document 8 Filed 07/24/17 Page 55 of 155 PageID 379 EXHIBIT 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 56 of 155 PageID 380 Awards for Quality Made to Cigar City Brewing Beers Jai Alai IPA Rate Beer: 99 Overall BeerAdvocate: A-overall 2010: Best Florida Beer Championship- Gold Medal 2011: Best Florida Beer Championship- Silver Medal Florida Cracker Belgian-style White Ale Rate Beer: 89 Overall BeerAdvocate: 84 Overall 2015 U.S. Beer Open Championships Silver Medal, Witbier Category 2016 Best Florida Beer Championship Bronze Medal Belgian/French Ales Category Invasion Pale Ale: Rate Beer: 96 Overall BeerAdvocate: 88 Overall Draft Magazine: 96 Overall Maduro Brown Ale: Rate Beer: 96 Overall BeerAdvocate: A-overall 2010: Best Florida Beer Championship- Gold Medal 2011: US Open Beer Championship Gold Medal Lager: 2016 Best Florida Beer Championships, Gold Medal, European, European & International Beers Category Tocobaga Red Ale: Rate Beer: 99 Overall BeerAdvocate: A-Overall 2012 Gold: Best Florida Beer Championship 2011 Silver: Best Florida Beer Championship Guayabera Citra Pale Ale Minaret ESB: 2012 GABF Gold Medal Patio Pils Pre-Prohibition Pilsner: Rate Beer: 90 Overall BeerAdvocate: 84 Overall Cubano Espresso Brown Ale: RateBeer: 99 Overall Beer Advocate: A-overall 2010 Best Florida Beer Championship – Gold Medal 2010 Best Florida Beer Championship – 3rd place Best in Show 2011 Best Florida Beer Championship – Gold Medal What Oak Jai Alai IPA: Ratebeer: 99 overall BeerAdvocate: A- overall 2011 Best Florida Beer Championship – Silver Medal 2011 United States Open Beer Championship – Silver Medal Cucumber Saison: Ratebeer: 92 overall BeerAdvocate: 84 overall Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 57 of 155 PageID 381 Bolita Double Nut Brown Ale Ratebeer: 98 overall BeerAdvocate: B+ overall 2015 U.S. Open Beer Championship Gold Medal Imperial Brown Ale Category Jose Marti India Style Porter Ratebeer: 98 overall BeerAdvocate: B+ overall 2015 U.S. Open Beer Championship Gold Medal Imperial Brown Ale Category Big Sound Scotch Ale Ratebeer: 99 overall BeerAdvocate: 91 overall 2015 U.S. Open Beer Championship Bronze Medal Puppy's Breath Robust Porter Ratebeer: 99 overall BeerAdvocate: 91 overall Marshal Zhukov's Imperial Stout Ratebeer: 100 overall BeerAdvocate: 100 overall 2015 U.S. Beer Open Championship Gold Medal Imperial Stout Category Good Gourd Imperial Pumpkin Ale Ratebeer: 98 overall BeerAdvocate: A- overall Oktoberfest Märzen Lager Ratebeer: 82 overall BeerAdvocate: 84 overall Warmer Winter Winter Warmer Ratebeer: 98 overall BeerAdvocate: 87 overall Case Document 8 Filed 07/24/17 Page 58 of 155 PageID 382 EXHIBIT 5 Case Document 8 Filed 07/24/17 Page 59 Of 155 PagelD 383 BREWERY ABOUT STORE 3. TASTING ROOM J. (,001) OUTWTHE EVENT Cd? WHERE TO FIND CCB BEER CLICK HFRF TO SEARCH GET YOUR CC A MERCH VIEWETORE IN Hit ROOM OUR BEERS SOCIAL MEDIA CAREERS TASTING ROOM CONTACT BRANDING (ICB TWITTER wemll TERMS OF USE PRIVACY POLICY Fallow-4 LOGIN DISTRIBUTOR LOGIN Case Document 8 Filed 07/24/17 Page 60 of 155 PageID 384 EXHIBIT 6 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 61 of 155 PageID 385 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 86717924 Filing Date: 08/07/2015 NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application. The table below presents the data as entered. Input Field TEAS Plus Entered YES MARK INFORMATION *MARK Cigar City Salsa *STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL ELEMENT Cigar City Salsa *MARK STATEMENT The mark consists of standard characters, without claim to any particular font, style, size, or color. REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK Cigar City Smoked Salsa, LLC *STREET 5106 North 30th Street *CITY Tampa *STATE (Required for U.S. applicants) Florida *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S. applicants) 33610 PHONE 8138715368 FAX 8138715414 EMAIL ADDRESS pamwooten@gmail.com AUTHORIZED TO COMMUNICATE VIA EMAIL Yes LEGAL ENTITY INFORMATION *TYPE LIMITED LIABILITY COMPANY * STATE/COUNTRY WHERE LEGALLY ORGANIZED Florida GOODS AND/OR SERVICES AND BASIS INFORMATION * INTERNATIONAL CLASS 030 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 62 of 155 PageID 386 *IDENTIFICATION Salsa *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 01/11/2012 FIRST USE IN COMMERCE DATE At least as early as 01/11/2012 SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\867\179\86717924\xml1\ FTK0003.JPG SPECIMEN DESCRIPTION Label ADDITIONAL STATEMENTS INFORMATION *TRANSLATION (if applicable) *TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) CORRESPONDENCE INFORMATION *NAME Roy J. Kane FIRM NAME Cigar City Smoked Salsa, LLC INTERNAL ADDRESS 5106 North 30th Street *STREET 5106 North 30th Street *CITY Tampa *STATE (Required for U.S. applicants) Florida *COUNTRY United States *ZIP/POSTAL CODE 33610 PHONE 8138715368 FAX 8138715414 *EMAIL ADDRESS pamwooten@gmail.com;mark@cigarcitysalsa.com *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes FEE INFORMATION APPLICATION FILING OPTION TEAS Plus NUMBER OF CLASSES 1 FEE PER CLASS 225 *TOTAL FEE PAID 225 SIGNATURE INFORMATION * SIGNATURE /Roy J. Kane/ * SIGNATORY'S NAME Roy J. Kane * SIGNATORY'S POSITION President SIGNATORY'S PHONE NUMBER Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 63 of 155 PageID 387 SIGNATORY'S PHONE NUMBER 8138715368 x1118 * DATE SIGNED 08/07/2015 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 64 of 155 PageID 388 PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 02/28/2018) Trademark/Service Mark Application, Principal Register TEAS Plus Application Serial Number: 86717924 Filing Date: 08/07/2015 To the Commissioner for Trademarks: MARK: Cigar City Salsa (Standard Characters, see mark) The literal element of the mark consists of Cigar City Salsa. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, Cigar City Smoked Salsa, LLC, a limited liability company legally organized under the laws of Florida, having an address of 5106 North 30th Street Tampa, Florida 33610 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: For specific filing basis information for each item, you must view the display within the Input Table. International Class 030: Salsa Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark. In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/11/2012, and first used in commerce at least as early as 01/11/2012, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) Label. Specimen File1 The applicant's current Correspondence Information: Roy J. Kane Cigar City Smoked Salsa, LLC 5106 North 30th Street 5106 North 30th Street Tampa, Florida 33610 8138715368(phone) 8138715414(fax) pamwooten@gmail.com;mark@cigarcitysalsa.com (authorized) 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. A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es). Declaration Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 65 of 155 PageID 389 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 an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), 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. Signature: /Roy J. Kane/ Date Signed: 08/07/2015 Signatory's Name: Roy J. Kane Signatory's Position: President RAM Sale Number: 86717924 RAM Accounting Date: 08/07/2015 Serial Number: 86717924 Internet Transmission Date: Fri Aug 07 11:17:59 EDT 2015 TEAS Stamp: USPTO/FTK-XX.XXX.XX.XX-20150807111759761 417-86717924-540624b67bf32194d7d8ee59d5b 3783f0b35174e754238bdafca697b6888c923ecCC-8022-20150807103719114709 Case Document 8 Filed 07/24/17 Page 66 of 155 PageID 390 Cigar City Salsa Case Document 8 Filed 07/24/17 Page 67 of 155 PageID 391 Case Document 8 Filed 07/24/17 Page 68 of 155 PageID 392 EXHIBIT 7 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 69 of 155 PageID 393 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 1957 (Rev 10/2011) OMB No. 0651-0050 (Exp 07/31/2017) Response to Office Action The table below presents the data as entered. Input Field Entered SERIAL NUMBER 86717924 LAW OFFICE ASSIGNED LAW OFFICE 105 MARK SECTION MARK http://tmng-al.uspto.gov/resting2/api/img/86717924/large LITERAL ELEMENT CIGAR CITY SALSA STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color. GOODS AND/OR SERVICES SECTION (current) INTERNATIONAL CLASS 030 DESCRIPTION Salsa FILING BASIS Section 1(a) FIRST USE ANYWHERE DATE At least as early as 01/11/2012 FIRST USE IN COMMERCE DATE At least as early as 01/11/2012 GOODS AND/OR SERVICES SECTION (proposed) INTERNATIONAL CLASS 030 DESCRIPTION Salsa FILING BASIS Section 1(a) FIRST USE ANYWHERE DATE At least as early as 01/11/2012 FIRST USE IN COMMERCE DATE At least as early as 01/11/2012 STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR " The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. SPECIMEN FILE NAME(S) \\TICRS\EXPORT16\IMAGEOUT 16\867\179\86717924\xml4\ ROA0002.JPG SPECIMEN DESCRIPTION photo of the goods ADDITIONAL STATEMENTS SECTION DISCLAIMER No claim is made to the exclusive right to use SALSA apart from the mark as shown. Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 70 of 155 PageID 394 SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NEW ATTORNEY SECTION NAME David R. Ellis FIRM NAME David R. Ellis, Attorney STREET 3233 East Bay Drive, Suite 101 CITY Largo STATE Florida ZIP/POSTAL CODE 33771 COUNTRY United States PHONE 7275311111 FAX 7275315088 EMAIL ellislaw@alum.mit.edu AUTHORIZED EMAIL COMMUNICATION Yes CORRESPONDENCE SECTION ORIGINAL ADDRESS ROY J. KANE Cigar City Smoked Salsa Llc 5106 N 30th St Tampa Florida US 33610-5102 NEW CORRESPONDENCE SECTION NAME David R. Ellis FIRM NAME David R. Ellis, Attorney STREET 3233 East Bay Drive, Suite 101 CITY Largo STATE Florida ZIP/POSTAL CODE 33771 COUNTRY United States PHONE 7275311111 FAX 7275315088 EMAIL ellislaw@alum.mit.edu AUTHORIZED EMAIL COMMUNICATION Yes SIGNATURE SECTION DECLARATION SIGNATURE /David R. Ellis/ SIGNATORY'S NAME David R. Ellis SIGNATORY'S POSITION Applicant SIGNATORY'S PHONE NUMBER 727-531-1111 DATE SIGNED 04/27/2016 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 71 of 155 PageID 395 RESPONSE SIGNATURE /David R. Ellis/ SIGNATORY'S NAME David R. Ellis SIGNATORY'S POSITION Attorney SIGNATORY'S PHONE NUMBER 727-531-1111 DATE SIGNED 04/27/2016 AUTHORIZED SIGNATORY YES FILING INFORMATION SECTION SUBMIT DATE Wed Apr 27 16:32:53 EDT 2016 TEAS STAMP USPTO/ROA-XXX.XXX.XX.XX-2 0160427163253563927-86717 924-5507ebb96e35ac1beb7b4 28ac1e2538dbaa10edc5eb85e e22d54dffba432041c8-N/A-N /A-20160427162342358998 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 1957 (Rev 10/2011) OMB No. 0651-0050 (Exp 07/31/2017) Response to Office Action To the Commissioner for Trademarks: Application serial no. 86717924 CIGAR CITY SALSA(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/86717924/large) has been amended as follows: CLASSIFICATION AND LISTING OF GOODS/SERVICES Applicant proposes to amend the following class of goods/services in the application: Current: Class 030 for Salsa Original Filing Basis: Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/11/2012 and first used in commerce at least as early as 01/11/2012 , and is now in use in such commerce. Proposed: Class 030 for Salsa Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/11/2012 and first used in commerce at least as early as 01/11/2012 , and is now in use in such commerce. Applicant hereby submits one(or more) specimen(s) for Class 030 . The specimen(s) submitted consists of photo of the goods . "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1 ATTORNEY ADDRESS Applicant proposes to amend the following: Proposed: David R. Ellis of David R. Ellis, Attorney, having an address of 3233 East Bay Drive, Suite 101 Largo, Florida 33771 United States ellislaw@alum.mit.edu Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 72 of 155 PageID 396 7275311111 7275315088 CORRESPONDENCE ADDRESS CHANGE Applicant proposes to amend the following: Current: ROY J. KANE Cigar City Smoked Salsa Llc 5106 N 30th St Tampa Florida US 33610-5102 Proposed: David R. Ellis of David R. Ellis, Attorney, having an address of 3233 East Bay Drive, Suite 101 Largo, Florida 33771 United States ellislaw@alum.mit.edu 7275311111 7275315088 ADDITIONAL STATEMENTS Disclaimer No claim is made to the exclusive right to use SALSA apart from the mark as shown. Supplemental Register The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). SIGNATURE(S) Declaration Signature DECLARATION: 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, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true. STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive. STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 73 of 155 PageID 397 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive. Signature: /David R. Ellis/ Date: 04/27/2016 Signatory's Name: David R. Ellis Signatory's Position: Applicant Signatory's Phone Number: 727-531-1111 Response Signature Signature: /David R. Ellis/ Date: 04/27/2016 Signatory's Name: David R. Ellis Signatory's Position: Attorney Signatory's Phone Number: 727-531-1111 The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter. Mailing Address: David R. Ellis David R. Ellis, Attorney 3233 East Bay Drive, Suite 101 Largo, Florida 33771 Serial Number: 86717924 Internet Transmission Date: Wed Apr 27 16:32:53 EDT 2016 TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2016042716325356 3927-86717924-5507ebb96e35ac1beb7b428ac1 e2538dbaa10edc5eb85ee22d54dffba432041c8N/A-N/A-20160427162342358998 Case Document 8 Filed 07/24/17 Page 74 of 155 PagelD 398 Case Document 8 Filed 07/24/17 Page 75 of 155 PageID 399 EXHIBIT 8 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 76 of 155 PageID 400 Reg. No. 5,014,834 Registered Aug. 02, 2016 Int. Cl.: 30 Trademark Supplemental Register Cigar City Smoked Salsa, LLC (FLORIDA LIMITED LIABILITY COMPANY) 5106 North 30th Street Tampa, FL 33610 CLASS 30: Salsa FIRST USE 1-11-2012; IN COMMERCE 1-11-2012 THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT STYLE, SIZE OR COLOR No claim is made to the exclusive right to use the following apart from the mark as shown: "SALSA" SER. NO. 86-717,924, FILED P.R. 08-07-2015; AM. S.R. 04-27-2016 KRISTIN MARI WILLIAMS, EXAMINING ATTORNEY Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 77 of 155 PageID 401 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* What and When to File: 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 # 5014834 Case Document 8 Filed 07/24/17 Page 78 of 155 PageID 402 EXHIBIT 9 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 79 of 155 PageID 403 Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: Filing date: ESTTA767058 08/26/2016 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Petition for Cancellation Notice is hereby given that the following party requests to cancel indicated registration. Petitioner Information Name Cigar City Brewing LLC Entity Limited Liability Company Address 3924 West Spruce Street Tampa, FL 33607 UNITED STATES Attorney information Glenn A. RIce Funkhouser Vegosen Liebman & Dunn Ltd. 55 W. Monroe St., Suite 2300 Chicago, IL 60603 UNITED STATES grice@fvldlaw.com Phone:312 701-6895 Citizenship Florida Registration Subject to Cancellation Registration No 5014834 Registrant Cigar City Smoked Salsa, LLC 5106 North 30th Street Tampa, FL 33610 UNITED STATES Registration date 08/02/2016 Goods/Services Subject to Cancellation Class 030. First Use: 2012/01/11 First Use In Commerce: 2012/01/11 All goods and services in the class are cancelled, namely: Salsa Grounds for Cancellation Priority and likelihood of confusion Trademark Act Sections 14(1) and 2(d) Marks Cited by Petitioner as Basis for Cancellation U.S. Registration No. 4665481 Application Date 12/01/2012 Registration Date 01/06/2015 Foreign Priority Date NONE Word Mark CIGAR CITY BREWING Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 80 of 155 PageID 404 Design Mark Description of Mark NONE Goods/Services Class 032. First use: First Use: 2009/03/28 First Use In Commerce: 2009/08/12 Beer U.S. Registration No. 4528243 Application Date 05/16/2013 Registration Date 05/13/2014 Foreign Priority Date NONE Word Mark CIGAR CITY BREWING TAMPA CCB Design Mark Description of Mark The mark consists of an oval with an outline within which the wording "CIGAR CITY" appears on top, a design of a cigar with a band and an oval containing the letters "CCB" superimposed on the band appears in the middle, and the wording "TAMPA" appears below the cigar design." Goods/Services Class 032. First use: First Use: 2009/03/00 First Use In Commerce: 2009/08/12 Beer U.S. Application/ Registration No. NONE Application Date Registration Date NONE Word Mark CIGAR CITY BREWING trade name Goods/Services Beer NONE Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 81 of 155 PageID 405 Attachments 85792400#TMSN.png( bytes ) 85934190#TMSN.png( bytes ) Petition to Cancel - Cigar City Salsa.pdf(336287 bytes ) Certificate of Service The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address record by First Class Mail on this date. Signature /glenn rice/ Name Glenn A. Riceb Date 08/26/2016 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 82 of 155 PageID 406 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of trademark Registration No. 5,014,834 For the mark CIGAR CITY SALSA CIGAR CITY BREWING LLC, Petitioner, v. CIGAR CITY SMOKED SALSA, LLC, Respondent. ) ) ) ) ) ) ) ) ) Cancellation No. ______________ PETITION TO CANCEL Petitioner Cigar City Brewing LLC (“Petitioner”) is a Florida limited liability company with a place of business in Tampa, Florida. To the best of Petitioner’s knowledge, the name of the current owner of the aboveidentified registration is Cigar City Smoked Salsa, LLC, 5106 North 30th Street, Tampa, Florida 33610. Petitioner believes that it will be damaged by the continued registration of the aboveidentified registration and hereby petitions to cancel the same on the grounds stated below: 1. Petitioner is the largest and oldest craft brewer in Florida, and it is one of the country’s leading craft breweries. Petitioner is engaged in the business of producing and selling craft beer under the mark and trade name CIGAR CITY BREWING, and it is the owner of the CIGAR CITY BREWING mark and trade name. Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 83 of 155 PageID 407 2. In addition to its common law trademark rights, Petitioner is the owner of U.S. Reg. No. 4,665,481 on the Principal Register for the mark CIGAR CITY BREWING for beer, and it is the owner of U.S. Reg. No. 4,528,243 on the Principal Register for the CIGAR CITY BREWING logo mark for beer shown below (hereinafter collectively, the “CIGAR CITY BREWING Marks”): 3. Petitioner’s registrations for the CIGAR CITY BREWING Marks are valid and subsisting and printouts of the registrations from the electronic database of the U.S. Patent and Trademark Office showing the current status and title of the registrations are attached hereto as Exhibit A and submitted into evidence on behalf of Petitioner in accordance with Rule 2.122 of the Trademark Rules of Practice. 4. Since at least as early as March 2009, and long prior to the application filing date for the CIGAR CITY SALSA mark and any date of first use upon which Respondent can rely, Petitioner has used the CIGAR CITY BREWING Marks and trade name. 5. Petitioner has enjoyed immense success in its business and owns substantial goodwill and value in its CIGAR CITY BREWING Marks and trade name. Petitioner has won numerous awards for its beer at prestigious beer festivals and competitions and it has been rated by RateBeer.com as one of the best breweries in the world based on consumer review of its beer 2 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 84 of 155 PageID 408 marketed and sold under the CIGAR CITY BREWING Marks and trade name. Petitioner has further received considerable critical acclaim and publication recognition in numerous news media stories, blogs, interviews, and reviews. 6. On August 7, 2015, Respondent filed Application Ser. No. 86717924 to register the mark CIGAR CITY SALSA for salsa. On information and belief, Respondent had actual knowledge of Petitioner’s CIGAR CITY BREWING Marks prior to filing Application Ser. No. 86717924. On information and belief, Respondent had actual knowledge of Petitioner’s CIGAR CITY BREWING company name prior to filing said application. 7. On August 2, 2016, the Patent and Trademark Office issued Registration No. 5,014,834 on the Supplemental Register for the CIGAR CITY SALSA mark in the name of Respondent. The registration is unrestricted as to customers, channels of distribution or trade, or advertising media. 8. Petitioner’s CIGAR CITY BREWING Marks and name and Respondent’s CIGAR CITY SALSA mark are similar in sight, sound, and overall commercial impression. 9. The goods identified in Registration No. 5,014,834 are closely related to the goods sold under Petitioner’s CIGAR CITY BREWING Marks and tradename and they travel through the same channels of trade, including grocery stores, to the same consumers. Brewers, in fact, commonly extend their brands to a wide range of food products, including salsa, barbeque and hot sauce, and many other food products. Examples of this include, without limitation: https://store.oskarblues.com/products-page/brands/new-oskar-blues-hot-sauces/; https://www.dnainfo.com/chicago/20150417/university-village/new-dark-lord-hot-sauceheat-up-annual-three-floyds-beer-fest; http://www.shoppikebrewing.com/collections/food- beer-pike-beer-sauces; http://www.southsidesalsaco.com/products/hot-blonde-craft-salsas/; 3 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 85 of 155 PageID 409 http://www.yuengling.com/store/home___bar/home___bar/food/; http://buy.rogue.com/; http://shop.stonebrewing.com/en-us/bbq-sauce-sb/smoked-porter-bbq-sauce-1450; and http://www.sierranevadagiftshop.com/food.html. 10. Respondent is in no way authorized, sponsored, or licensed by, or in any other way legitimately connected with, Petitioner. 11. Respondent’s use and registration of the mark CIGAR CITY SALSA is without Petitioner’s permission or authorization. 12. Consumers are likely to be confused, mistaken or deceived into believing that Respondent’s goods come from, are connected with, or are otherwise authorized, sponsored or licensed by Petitioner, when in fact they are not. 13. The CIGAR CITY SALSA mark, when used for the goods in Registration No. 5,014,834, so resembles the CIGAR CITY BREWING Marks and trade name as to be likely to cause confusion, mistake, and/or deception within the meaning of Section 2(d) of the Trademark Act, to the consequent damage of Petitioner. Further, there have, in fact, been instances of actual consumer confusion as to the source of Respondent’s goods, with consumers believing, erroneously, that the source of such goods is Petitioner. 14. By reason of the foregoing, Respondent’s continued ownership of Registration No. 5,014,834 is damaging to Petitioner. 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 86 of 155 PageID 410 WHEREFORE, Cigar City Brewing Company LLC respectfully requests that this Petition to Cancel be sustained in its favor and Registration No. 5,014,834 for the mark CIGAR CITY SALSA be cancelled. Respectfully submitted, Dated: August 26, 2016 Cigar City Brewing LLC, Petitioner By: Glenn A. Rice, Esq. FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD. 55 West Monroe Street Suite 2300 Chicago, Illinois 60603 Telephone (312) 701-6800 Facsimile (312) 701-6801 Counsel for Petitioner 5 /s/ Glenn A. Rice Counsel for Petitioner Case Document 8 Filed 07/24/17 Page 87 of 155 PageID 411 EXHIBIT A Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 88 of 155 PageID 412 Generated on: This page was generated by TSDR on 2016-08-26 15:15:37 EDT Mark: CIGAR CITY BREWING TAMPA CCB US Serial Number: 85934190 Application Filing May 16, 2013 Date: US Registration 4528243 Number: Registration Date: May 13, 2014 Filed as TEAS Yes Plus: Currently TEAS Yes Plus: Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: May 13, 2014 Publication Date: Feb. 25, 2014 Mark Information Mark Literal CIGAR CITY BREWING TAMPA CCB Elements: Standard Character No Claim: Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Type: Description of The mark consists of an oval with an outline within which the wording "CIGAR CITY" appears on top, a design of a cigar with a band Mark: and an oval containing the letters "CCB" superimposed on the band appears in the middle, and the wording "TAMPA" appears below the cigar design." Color(s) Claimed: Color is not claimed as a feature of the mark. Disclaimer: "CIGAR CITY," "BREWING," AND "TAMPA" Design Search 10.01.01 - Cigars Code(s): 24.05.02 - Seals having some other shape 26.03.17 - Ovals, concentric; Concentric ovals and ovals within ovals; Concentric ovals; Ovals within ovals 26.03.21 - Ovals that are completely or partially shaded Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. For: Beer International 032 - Primary Class Class(es): U.S Class(es): 045, 046, 048 Class Status: ACTIVE Basis: 1(a) First Use: Mar. 2009 Use in Commerce: Aug. 12, 2009 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 89 of 155 PageID 413 Filed 44E: No Currently 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Amended 44E: No Current Owner(s) Information Owner Name: Cigar City Brewing LLC Owner Address: Suite A 3924 W. Spruce Street Tampa, FLORIDA 33607 UNITED STATES Legal Entity Type: LIMITED LIABILITY COMPANY State or Country FLORIDA Where Organized: Attorney/Correspondence Information Attorney of Record Attorney Name: Glenn A. Rice Attorney Primary grice@fvldlaw.com Email Address: Attorney Email Yes Authorized: Correspondent Correspondent GLENN A. RICE Name/Address: FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD. 55 W MONROE ST STE 2300 CHICAGO, ILLINOIS 60603-5117 UNITED STATES Phone: 312 701-6895 Fax: 312 701-6801 Correspondent e- grice@fvldlaw.com mail: Correspondent e- Yes mail Authorized: Domestic Representative - Not Found Prosecution History Date Aug. 03, 2016 Proceeding Number Description ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY May 13, 2014 REGISTERED-PRINCIPAL REGISTER Feb. 25, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Feb. 25, 2014 PUBLISHED FOR OPPOSITION Feb. 05, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jan. 18, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 66121 Jan. 18, 2014 ASSIGNED TO LIE 66121 Dec. 19, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER Dec. 19, 2013 EXAMINER'S AMENDMENT ENTERED 88888 Dec. 19, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Dec. 19, 2013 EXAMINERS AMENDMENT E-MAILED 6328 Dec. 19, 2013 EXAMINERS AMENDMENT -WRITTEN 81848 Sep. 11, 2013 NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326 Sep. 11, 2013 EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326 Sep. 11, 2013 COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION AUTOMATIC ENTRY 81848 Sep. 11, 2013 EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED 81848 Sep. 04, 2013 ASSIGNED TO EXAMINER 81848 Jul. 22, 2013 TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED 88889 Jul. 22, 2013 TEAS VOLUNTARY AMENDMENT RECEIVED May 29, 2013 NOTICE OF DESIGN SEARCH CODE E-MAILED May 28, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM May 20, 2013 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 90 of 155 PageID 414 TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 13, 2014 Assignment Abstract Of Title Information Summary Total Assignments: 1 Registrant: Cigar City Brewing LLC Assignment 1 of 1 Conveyance: TRADEMARK SECURITY AGREEMENT Reel/Frame: 5834/0707 Pages: 13 Date Recorded: Jul. 14, 2016 Supporting assignment-tm-5834-0707.pdf Documents: Assignor Name: CIGAR CITY BREWING LLC Execution Date: Jul. 08, 2016 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country FLORIDA Where Organized: Assignee Name: HPS INVESTMENT PARTNERS, LLC, AS ADMINISTRATIVE AGENT Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Address: 40 WEST 57TH STREET, 33RD FLOOR NEW YORK, NEW YORK 10019 Correspondent Correspondent LATHAM & WATKINS LLP Name: Correspondent 650 TOWN CENTER DRIVE, SUITE 2000 Address: COSTA MESA, CA 92626 Domestic Representative - Not Found Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 91 of 155 PageID 415 Generated on: This page was generated by TSDR on 2016-08-26 15:18:47 EDT Mark: CIGAR CITY BREWING US Serial Number: 85792400 Application Filing Dec. 01, 2012 Date: US Registration 4665481 Number: Registration Date: Jan. 06, 2015 Filed as TEAS Yes Plus: Currently TEAS Yes Plus: Register: Principal Mark Type: Trademark Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Jan. 06, 2015 Publication Date: Oct. 21, 2014 Mark Information Mark Literal CIGAR CITY BREWING Elements: Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color. Claim: Mark Drawing 4 - STANDARD CHARACTER MARK Type: Disclaimer: "BREWING" Acquired In whole Distinctiveness Claim: Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: Brackets [..] indicate deleted goods/services; Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and Asterisks *..* identify additional (new) wording in the goods/services. For: Beer International 032 - Primary Class Class(es): U.S Class(es): 045, 046, 048 Class Status: ACTIVE Basis: 1(a) First Use: Mar. 28, 2009 Use in Commerce: Aug. 12, 2009 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 92 of 155 PageID 416 Owner Name: Cigar City Brewing LLC Owner Address: 3924 W. Spruce Street Suite A Tampa, FLORIDA 33607 UNITED STATES Legal Entity Type: LIMITED LIABILITY COMPANY State or Country FLORIDA Where Organized: Attorney/Correspondence Information Attorney of Record Attorney Name: Glenn A. Rice Attorney Primary grice@fvldlaw.com Email Address: Attorney Email Yes Authorized: Correspondent Correspondent GLENN A. RICE Name/Address: FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD. 55 W MONROE ST STE 2300 CHICAGO, ILLINOIS 60603-5117 UNITED STATES Phone: 312 701-6895 Fax: 312 701-6801 Correspondent e- grice@fvldlaw.com mail: Correspondent e- Yes mail Authorized: Domestic Representative - Not Found Prosecution History Date Description Proceeding Number Aug. 03, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY Jan. 06, 2015 REGISTERED-PRINCIPAL REGISTER Oct. 21, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Oct. 21, 2014 PUBLISHED FOR OPPOSITION Oct. 01, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Sep. 16, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED Sep. 10, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Aug. 21, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 69712 Aug. 21, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 69712 Aug. 14, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jul. 16, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION WRITTEN 77073 Jul. 16, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION WRITTEN 77073 Jul. 16, 2014 PREVIOUS ALLOWANCE COUNT WITHDRAWN Jul. 02, 2014 WITHDRAWN FROM PUB - OG REVIEW QUERY 73714 Jun. 20, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 69712 Jun. 17, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Jun. 16, 2014 EXAMINER'S AMENDMENT ENTERED 69712 Jun. 16, 2014 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Jun. 16, 2014 EXAMINERS AMENDMENT E-MAILED 6328 Jun. 16, 2014 EXAMINERS AMENDMENT -WRITTEN 77073 Jun. 11, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Jun. 10, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Jun. 10, 2014 TEAS REQUEST FOR RECONSIDERATION RECEIVED Dec. 11, 2013 NOTIFICATION OF FINAL REFUSAL EMAILED Dec. 11, 2013 FINAL REFUSAL E-MAILED Dec. 11, 2013 FINAL REFUSAL WRITTEN 69712 77073 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 93 of 155 PageID 417 Nov. 21, 2013 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Nov. 20, 2013 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Nov. 20, 2013 TEAS RESPONSE TO OFFICE ACTION RECEIVED May 21, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 May 21, 2013 NON-FINAL ACTION E-MAILED 6325 May 21, 2013 NON-FINAL ACTION WRITTEN 77073 May 14, 2013 PREVIOUS ALLOWANCE COUNT WITHDRAWN May 13, 2013 WITHDRAWN FROM PUB OTQR REQUEST 73714 May 02, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 69712 May 01, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER Mar. 22, 2013 EXAMINER'S AMENDMENT ENTERED 69712 Mar. 21, 2013 ASSIGNED TO LIE 69712 Mar. 21, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Mar. 21, 2013 EXAMINERS AMENDMENT E-MAILED 6328 Mar. 21, 2013 EXAMINERS AMENDMENT -WRITTEN 77073 Mar. 21, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Mar. 21, 2013 NON-FINAL ACTION E-MAILED 6325 Mar. 21, 2013 NON-FINAL ACTION WRITTEN 77073 Mar. 21, 2013 ASSIGNED TO EXAMINER 77073 Dec. 11, 2012 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Dec. 06, 2012 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jan. 06, 2015 Assignment Abstract Of Title Information Summary Total Assignments: 1 Registrant: Cigar City Brewing LLC Assignment 1 of 1 Conveyance: TRADEMARK SECURITY AGREEMENT Reel/Frame: 5834/0707 Pages: 13 Date Recorded: Jul. 14, 2016 Supporting assignment-tm-5834-0707.pdf Documents: Assignor Name: CIGAR CITY BREWING LLC Execution Date: Jul. 08, 2016 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country FLORIDA Where Organized: Assignee Name: HPS INVESTMENT PARTNERS, LLC, AS ADMINISTRATIVE AGENT Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE Where Organized: Address: 40 WEST 57TH STREET, 33RD FLOOR NEW YORK, NEW YORK 10019 Correspondent Correspondent LATHAM & WATKINS LLP Name: Correspondent 650 TOWN CENTER DRIVE, SUITE 2000 Address: COSTA MESA, CA 92626 Domestic Representative - Not Found Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 94 of 155 PageID 418 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has caused the Petition to Cancel to be served upon Respondent in these proceedings by depositing a true copy of the same with the United States Postal Service as first class mail in a sealed envelope, postage prepaid, addressed to: Cigar City Smoked Salsa, LLC 5106 North 30th Street Tampa, Florida 33610 on this 26th day of August, 2016. /s/Glenn A. Rice Counsel for Petitioner Cigar City Brewing LLC Case Document 8 Filed 07/24/17 Page 95 of 155 PageID 419 EXHIBIT 10 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 96 of 155 PageID 420 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 TEAS Plus Application Serial Number: 87193661 Filing Date: 10/05/2016 NOTE: Data fields with the * are mandatory under TEAS Plus. The wording "(if applicable)" appears where the field is only mandatory under the facts of the particular application. The table below presents the data as entered. Input Field TEAS Plus Entered YES MARK INFORMATION *MARK CIGAR CITY SALSA *STANDARD CHARACTERS YES USPTO-GENERATED IMAGE YES LITERAL ELEMENT CIGAR CITY SALSA *MARK STATEMENT The mark consists of standard characters, without claim to any particular font, style, size, or color. REGISTER Principal APPLICANT INFORMATION *OWNER OF MARK CIGAR CITY SMOKED SALSA, LLC *STREET 5106 North 30th Street *CITY Tampa *STATE (Required for U.S. applicants) Florida *COUNTRY United States *ZIP/POSTAL CODE (Required for U.S. applicants) 33610 WEBSITE ADDRESS http://cigarcitysalsa.com LEGAL ENTITY INFORMATION *TYPE LIMITED LIABILITY COMPANY * STATE/COUNTRY WHERE LEGALLY ORGANIZED Florida GOODS AND/OR SERVICES AND BASIS INFORMATION * INTERNATIONAL CLASS 030 *IDENTIFICATION Barbecue sauce; Hot sauce; Salsa; Seasonings *FILING BASIS SECTION 1(a) FIRST USE ANYWHERE DATE At least as early as 01/11/2012 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 97 of 155 PageID 421 FIRST USE IN COMMERCE DATE At least as early as 01/11/2012 SPECIMEN FILE NAME(S) \\TICRS\EXPORT17\IMAGEOUT 17\871\936\87193661\xml1\ FTK0003.JPG SPECIMEN DESCRIPTION product with label ADDITIONAL STATEMENTS SECTION *TRANSLATION (if applicable) *TRANSLITERATION (if applicable) *CLAIMED PRIOR REGISTRATION (if applicable) The applicant claims ownership of active prior U.S. Registration Number(s) 5014834. *CONSENT (NAME/LIKENESS) (if applicable) *CONCURRENT USE CLAIM (if applicable) DISCLAIMER No claim is made to the exclusive right to use SALSA apart from the mark as shown. ATTORNEY INFORMATION NAME David R. Ellis FIRM NAME David R. Ellis, Attorney STREET 3233 East Bay Drive, Suite 101 CITY Largo STATE Florida COUNTRY United States ZIP/POSTAL CODE 33771 PHONE 7275311111 FAX 7275315088 EMAIL ADDRESS ellislaw@alum.mit.edu AUTHORIZED TO COMMUNICATE VIA EMAIL Yes CORRESPONDENCE INFORMATION *NAME David R. Ellis FIRM NAME David R. Ellis, Attorney *STREET 3233 East Bay Drive, Suite 101 *CITY Largo *STATE (Required for U.S. addresses) Florida *COUNTRY United States *ZIP/POSTAL CODE 33771 PHONE 7275311111 FAX 7275315088 *EMAIL ADDRESS ellislaw@alum.mit.edu *AUTHORIZED TO COMMUNICATE VIA EMAIL Yes Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 98 of 155 PageID 422 FEE INFORMATION APPLICATION FILING OPTION TEAS Plus NUMBER OF CLASSES 1 FEE PER CLASS 225 *TOTAL FEE PAID 225 SIGNATURE INFORMATION * SIGNATURE /David R. Ellis/ * SIGNATORY'S NAME David R. Ellis * SIGNATORY'S POSITION Attorney SIGNATORY'S PHONE NUMBER 727 531-1111 * DATE SIGNED 10/05/2016 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 99 of 155 PageID 423 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 TEAS Plus Application Serial Number: 87193661 Filing Date: 10/05/2016 To the Commissioner for Trademarks: MARK: CIGAR CITY SALSA (Standard Characters, see mark) The literal element of the mark consists of CIGAR CITY SALSA. The mark consists of standard characters, without claim to any particular font, style, size, or color. The applicant, CIGAR CITY SMOKED SALSA, LLC, a limited liability company legally organized under the laws of Florida, having an address of 5106 North 30th Street Tampa, Florida 33610 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: For specific filing basis information for each item, you must view the display within the Input Table. International Class 030: Barbecue sauce; Hot sauce; Salsa; Seasonings Use in Commerce: The applicant is using the mark in commerce on or in connection with the identified goods/services. The applicant attaches, or will later submit, one specimen as a JPG/PDF image file showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, regardless of whether the mark itself is in the standard character format or is a stylized or design mark. The specimen image file may be in color, and the image must be in color if color is being claimed as a feature of the mark. In International Class 030, the mark was first used by the applicant or the applicant's related company or licensee predecessor in interest at least as early as 01/11/2012, and first used in commerce at least as early as 01/11/2012, and is now in use in such commerce. The applicant is submitting one(or more) specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods/services, consisting of a(n) product with label. Specimen File1 Disclaimer No claim is made to the exclusive right to use SALSA apart from the mark as shown. Claim of Active Prior Registration(s) The applicant claims ownership of active prior U.S. Registration Number(s) 5014834. For informational purposes only, applicant's website address is: http://cigarcitysalsa.com The applicant's current Attorney Information: David R. Ellis of David R. Ellis, Attorney 3233 East Bay Drive, Suite 101 Largo, Florida 33771 United States 7275311111(phone) 7275315088(fax) ellislaw@alum.mit.edu (authorized) The applicant's current Correspondence Information: David R. Ellis David R. Ellis, Attorney Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 100 of 155 PageID 424 3233 East Bay Drive, Suite 101 Largo, Florida 33771 7275311111(phone) 7275315088(fax) ellislaw@alum.mit.edu (authorized) 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. A fee payment in the amount of $225 has been submitted with the application, representing payment for 1 class(es). 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 an application under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e), 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. Signature: /David R. Ellis/ Date Signed: 10/05/2016 Signatory's Name: David R. Ellis Signatory's Position: Attorney RAM Sale Number: 87193661 RAM Accounting Date: 10/06/2016 Serial Number: 87193661 Internet Transmission Date: Wed Oct 05 14:05:20 EDT 2016 TEAS Stamp: USPTO/FTK-XXX.XXX.XX.XX-2016100514052084 6595-87193661-570ba8b973708bcb45cd37d860 6b7716a9c8f294874d35543da539c211afdb9-CC -235-20161005135726532520 Case Document 8 Filed 07/24/17 Page 101 of 155 PagelD 425 CIGAR CITY SALSA Case Document 8 Filed 07/24/17 Page 102 of 155 PagelD 426 Case Document 8 Filed 07/24/17 Page 103 of 155 PagelD 427 EXHIBIT 11 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 104 of 155 PageID 428 Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: Filing date: ESTTA827771 06/16/2017 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 Cigar City Brewing LLC Granted to Date of previous extension 06/28/2017 Address 3924 W. Spruce Street Tampa, FL 33607 UNITED STATES Attorney information Glenn A. Rice Funkhouser Vegosen Liebman & Dunn Ltd. 55 W. Monroe St. Suite 2300 Chicago, IL 60603 UNITED STATES Email: grice@fvldlaw.com Phone: 312 701-6895 Applicant Information Application No 87193661 Publication date 02/28/2017 Opposition Filing Date 06/16/2017 Opposition Period Ends 06/28/2017 Applicant CIGAR CITY SMOKED SALSA, LLC 5106 North 30th Street Tampa, FL 33610 UNITED STATES Goods/Services Affected by Opposition Class 030. First Use: 2012/01/11 First Use In Commerce: 2012/01/11 All goods and services in the class are opposed, namely: Barbecue sauce; Hot sauce; Salsa; Seasonings Grounds for Opposition Priority and likelihood of confusion Trademark Act Section 2(d) Marks Cited by Opposer as Basis for Opposition U.S. Registration No. 4665481 Application Date 12/01/2012 Registration Date 01/06/2015 Foreign Priority Date NONE Word Mark CIGAR CITY BREWING Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 105 of 155 PageID 429 Design Mark Description of Mark NONE Goods/Services Class 032. First use: First Use: 2009/03/28 First Use In Commerce: 2009/08/12 Beer U.S. Registration No. 4528243 Application Date 05/16/2013 Registration Date 05/13/2014 Foreign Priority Date NONE Word Mark CIGAR CITY BREWING TAMPA CCB Design Mark Description of Mark The mark consists of an oval with an outline within which the wording "CIGAR CITY" appears on top, a design of a cigar with a band and an oval containing the letters "CCB" superimposed on the band appears in the middle, and the wording "TAMPA" appears below the cigar design." Goods/Services Class 032. First use: First Use: 2009/03/00 First Use In Commerce: 2009/08/12 Beer Attachments 85792400#TMSN.png( bytes ) 85934190#TMSN.png( bytes ) Notice of Opposition.pdf(454802 bytes ) Signature /Glenn Rice/ Name Glenn A. Rice Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 106 of 155 PageID 430 Date 06/16/2017 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 107 of 155 PageID 431 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Matter of Application Serial No. 87193661 for the mark CIGAR CITY SALSA Published in the Official Gazette on February 28, 2017 CIGAR CITY BREWING LLC, Opposer, v. CIGAR CITY SMOKED SALSA, LLC, Applicant. ) ) ) ) ) ) ) ) ) Opposition No. ______________ NOTICE OF OPPOSITION Opposer Cigar City Brewing LLC, a Florida limited liability company with a place of business in Tampa, Florida (“Opposer”), believes it will be damaged by registration of the mark CIGAR CITY SALSA shown in Application Serial No. 87193661 filed by Applicant CIGAR CITY SMOKED SALSA, LLC (“Applicant”), and hereby opposes the same. As grounds in support of its opposition, Opposer alleges: 1. Opposer is engaged in the business of producing and selling craft beer under the mark and trade name CIGAR CITY BREWING and is the owner of the CIGAR CITY BREWING mark and trade name. 2. Opposer is one of the leading craft breweries in the United States and has enjoyed tremendous success and public recognition for its craft beer products. Opposer is rated among the top ten craft brewers in the world on RateBeer.com out of more than twenty thousand brewers. https://www.ratebeer.com/ratebeerbest/BestBrewers-World2017.asp Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 108 of 155 PageID 432 3. In addition to its common law trademark rights, Opposer is the owner of U.S. Reg. No. 4,665,481 on the Principal Register for the mark CIGAR CITY BREWING for beer, and U.S. Reg. No. 4,528,243 on the Principal Register for the CIGAR CITY BREWING logo mark for beer shown below (hereinafter collectively, the “CIGAR CITY BREWING Marks”): 4. Opposer’s registrations for the CIGAR CITY BREWING Marks are valid and subsisting and printouts of the registrations from the electronic database of the U.S. Patent and Trademark Office showing the current status and title of the registrations are attached hereto as Exhibit A and submitted into evidence on behalf of Opposer in accordance with Rule 2.122 of the Trademark Rules of Practice. 5. Since at least as early as March 2009, and long prior to the application filing date for the opposed CIGAR CITY SALSA mark and any date of first use upon which Applicant can rely, Opposer has continuously used the CIGAR CITY BREWING Marks and trade name. 6. Opposer owns substantial goodwill and value in its CIGAR CITY BREWING Marks and trade name. In addition to being rated among the top ten craft brewers worldwide, Opposer has won numerous awards at prestigious beer festivals and competitions for beer produced and sold under its CIGAR CITY BREWING Marks and trade name. Opposer has 2 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 109 of 155 PageID 433 additionally received considerable public recognition and acclaim in numerous news media stories, blogs, interviews, and reviews. 7. On October 5, 2016, Applicant filed Application Ser. No. 87193661 to register the mark CIGAR CITY SALSA for “Barbecue sauce; Hot sauce; Salsa; Seasonings”. Application Serial No. 87193661 is unrestricted as to customers, channels of distribution or trade, or advertising media. 8. Applicant had actual knowledge of Opposer’s CIGAR CITY BREWING Marks and trade name prior to filing Application Serial No. 87193661. 9. Indeed, prior to filing Application Ser. No. 87193661, Applicant developed and adopted oval-shaped logos substantially and confusingly similar to Opposer’s oval-shaped CIGAR CITY BREWING logo mark, which are shown below: 10. Opposer’s CIGAR CITY BREWING Marks and trade name and the opposed CIGAR CITY SALSA mark are similar in sight, sound, connotation and overall commercial impression. 3 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 110 of 155 PageID 434 11. The goods identified in Application Serial No. 87193661 are closely related to the goods sold under Opposer’s CIGAR CITY BREWING Marks and trade name and they travel through the same channels of trade, including grocery stores, liquor stores, and other retail outlets, to the same consumers. Brewers, in fact, commonly extend their brands to a wide range of food products, including salsa, barbeque and hot sauce, and many other food products. Examples of this include, without limitation: https://store.oskarblues.com/products-page/brands/new-oskar-blues-hot-sauces/; https://www.dnainfo.com/chicago/20150417/university-village/new-dark-lord-hot-sauceheat-up-annual-three-floyds-beer-fest; http://www.shoppikebrewing.com/collections/food- beer-pike-beer-sauces; http://www.southsidesalsaco.com/products/hot-blonde-craft-salsas/; http://www.yuengling.com/store/home___bar/home___bar/food/; http://buy.rogue.com/; http://shop.stonebrewing.com/en-us/bbq-sauce-sb/smoked-porter-bbq-sauce-1450; and http://www.sierranevadagiftshop.com/food.html. 12. Consumers are likely to be confused, mistaken or deceived into believing that Applicant’s goods come from, are connected with, or are otherwise authorized, sponsored or licensed by Opposer, when in fact they are not. 13. The CIGAR CITY SALSA mark, when used for the goods in Application Ser. No. 87193661, so resembles the CIGAR CITY BREWING Marks and trade name as to be likely to cause confusion, mistake, and/or deception within the meaning of Section 2(d) of the Trademark Act, to the consequent damage of Opposer. There have, in fact, been instances of actual confusion as to the source of Applicant’s goods. 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 111 of 155 PageID 435 14. Applicant is in no way authorized, sponsored, or licensed by, or in any other way legitimately connected with, Opposer. 15. Applicant’s use and registration of the mark CIGAR CITY SALSA is without Opposer’s permission or authorization. 16. By reason of the foregoing, Opposer would be damaged by Applicant’s registration of the CIGAR CITY SALSA mark as sought in Application Serial No. 87193661. WHEREFORE, Cigar City Brewing Company LLC respectfully requests that this opposition be sustained and the registration sought by Applicant in Application Serial No. 87193661 for the mark CIGAR CITY SALSA be denied. Respectfully submitted, Dated: June 16, 2017 Cigar City Brewing LLC, Opposer By: Glenn A. Rice, Esq. FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD. 55 West Monroe Street Suite 2300 Chicago, Illinois 60603 Telephone (312) 701-6800 Facsimile (312) 701-6801 Counsel for Opposer 5 /s/ Glenn A. Rice Counsel for Opposer Case Document 8 Filed 07/24/17 Page 112 of 155 PagelD 436 EXHIBIT A Trademark Status & Document Retrieval Page 1 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 113 of 155 PageID 437 TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new 3rd tab providing Post Registration information next to the "Status" and "Document" tabs, below the search text box. The tab will not appear if the mark is not registered. STATUS DOCUMENTS Back to Search MAINTENANCE Print Generated on: This page was generated by TSDR on 2017-06-16 16:33:54 EDT Mark: CIGAR CITY BREWING TAMPA CCB US Serial Number: 85934190 Application Filing Date: May 16, 2013 US Registration Number: 4528243 Registration Date: May 13, 2014 Filed as TEAS Plus: Yes Currently TEAS Plus: Yes Register: Principal Mark Type: Trademark TM5 Common Status Descriptor: LIVE/REGISTRATION/Issued and Active The trademark application has been registered with the Office. Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: May 13, 2014 Publication Date: Feb. 25, 2014 Mark Information Mark Literal Elements: CIGAR CITY BREWING TAMPA CCB Standard Character Claim: No Mark Drawing Type: 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S) Description of Mark: The mark consists of an oval with an outline within which the wording "CIGAR CITY" appears on top, a design of a cigar with a band and an oval containing the letters "CCB" superimposed on the band appears in the middle, and the wording "TAMPA" appears below the cigar design." Color(s) Claimed: Color is not claimed as a feature of the mark. Disclaimer: "CIGAR CITY," "BREWING," AND "TAMPA" Design Search Code(s): 10.01.01 - Cigars 24.05.02 - Seals having some other shape 26.03.17 - Ovals, concentric; Concentric ovals and ovals within ovals; Concentric ovals; Ovals within ovals 26.03.21 - Ovals that are completely or partially shaded Goods and Services Note: The following symbols indicate that the registrant/owner has amended the goods/services: • Brackets [..] indicate deleted goods/services; • Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and • Asterisks *..* identify additional (new) wording in the goods/services. For: Beer International Class(es): 032 - Primary Class U.S Class(es): 045, 046, 048 Class Status: ACTIVE Basis: 1(a) First Use: Mar. 2009 http://tsdr.uspto.gov/ Use in Commerce: Aug. 12, 2009 6/16/2017 Trademark Status & Document Retrieval Page 2 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 114 of 155 PageID 438 Basis Information (Case Level) Filed Use: Yes Currently Use: Yes Amended Use: No Filed ITU: No Currently ITU: No Amended ITU: No Filed 44D: No Currently 44D: No Amended 44D: No Filed 44E: No Currently 44E: No Amended 44E: No Filed 66A: No Currently 66A: No Filed No Basis: No Currently No Basis: No Current Owner(s) Information Owner Name: Cigar City Brewing LLC Owner Address: Suite A 3924 W. Spruce Street Tampa, FLORIDA UNITED STATES 33607 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where FLORIDA Organized: Attorney/Correspondence Information Attorney of Record Attorney Name: Glenn A. Rice Attorney Primary Email grice@fvldlaw.com Attorney Email Authorized: Yes Address: Correspondent Correspondent GLENN A. RICE Name/Address: FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD. 55 W MONROE ST STE 2300 CHICAGO, ILLINOIS UNITED STATES 60603-5117 Phone: 312 701-6895 Fax: 312 701-6801 Correspondent e-mail: grice@fvldlaw.com Correspondent e-mail Yes Authorized: Domestic Representative - Not Found Prosecution History Da t e De sc ript ion Aug. 03, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED Proc e e ding N um be r AUTOMATICALLY May 13, 2014 REGISTERED-PRINCIPAL REGISTER Feb. 25, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED Feb. 25, 2014 PUBLISHED FOR OPPOSITION Feb. 05, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Jan. 18, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 66121 Jan. 18, 2014 ASSIGNED TO LIE 66121 Dec. 19, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER Dec. 19, 2013 EXAMINER'S AMENDMENT ENTERED 88888 Dec. 19, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Dec. 19, 2013 EXAMINERS AMENDMENT E-MAILED 6328 Dec. 19, 2013 EXAMINERS AMENDMENT -WRITTEN 81848 Sep. 11, 2013 NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY 6326 Sep. 11, 2013 EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326 Sep. 11, 2013 COMBINED EXAMINER'S AMENDMENT/PRIORITY ACTION 81848 ACTION E-MAILED AUTOMATIC ENTRY http://tsdr.uspto.gov/ 6/16/2017 Trademark Status & Document Retrieval Page 3 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 115 of 155 PageID 439 Sep. 11, 2013 EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - 81848 COMPLETED Sep. 04, 2013 ASSIGNED TO EXAMINER 81848 Jul. 22, 2013 TEAS AMENDMENT ENTERED BEFORE ATTORNEY 88889 Jul. 22, 2013 TEAS VOLUNTARY AMENDMENT RECEIVED May 29, 2013 NOTICE OF DESIGN SEARCH CODE E-MAILED May 28, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN May 20, 2013 NEW APPLICATION ENTERED IN TRAM ASSIGNED TRAM TM Staff and Location Information TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 13, 2014 Assignment Abstract Of Title Information Conveyance Filter Summary Total Assignments: 1 Registrant: Cigar City Brewing LLC Assignment 1 of 1 Conveyance: TRADEMARK SECURITY AGREEMENT Reel/Frame: 5834/0707 Pages: 13 Date Recorded: Jul. 14, 2016 Supporting Documents: assignment-tm-5834-0707.pdf Assignor Name: CIGAR CITY BREWING LLC Execution Date: Jul. 08, 2016 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where FLORIDA Organized: Assignee Name: HPS INVESTMENT PARTNERS, LLC, AS ADMINISTRATIVE AGENT Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where DELAWARE Organized: Address: 40 WEST 57TH STREET, 33RD FLOOR NEW YORK, NEW YORK 10019 Correspondent Correspondent Name: LATHAM & WATKINS LLP Correspondent Address: 650 TOWN CENTER DRIVE, SUITE 2000 COSTA MESA, CA 92626 Domestic Representative - Not Found Proceedings Party type Summary Proceeding type Number of Proceedings: 1 Type of Proceeding: Cancellation Proceeding Number: 92064315 Filing Date: Aug 26, 2016 Status: Pending Status Date: Aug 26, 2016 Interlocutory Attorney: ANDREW P BAXLEY Defendant http://tsdr.uspto.gov/ 6/16/2017 Trademark Status & Document Retrieval Page 4 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 116 of 155 PageID 440 Name: Cigar City Smoked Salsa, LLC Correspondent Address: JAMES MATULIS LAW OFFICE OF JAMES MATULIS 9806 GRETNA GREEN DRIVE, SUITE 100 TAMPA FL UNITED STATES , 33626 Correspondent e-mail: jim@matulis-law.com Associated marks Mark Application Status Serial Number Registration Number CIGAR CITY SALSA Cancellation Pending 86717924 5014834 Mark Application Status Serial Number Registration Number CIGAR CITY BREWING Registered 85792400 4665481 CIGAR CITY BREWING TAMPA CCB Registered 85934190 4528243 Due Date Plaintiff(s) Name: Cigar City Brewing LLC Correspondent Address: GLENN A RICE FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD 55 W MONROE ST STE 2300 CHICAGO IL UNITED STATES , 60603 Correspondent e-mail: grice@fvldlaw.com Associated marks Prosecution History Entry Number History Text Date 1 FILED AND FEE Aug 26, 2016 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 30, 2016 3 PENDING, INSTITUTED Aug 30, 2016 4 ANSWER Oct 05, 2016 5 D APPEARANCE / POWER OF ATTORNEY Nov 08, 2016 6 STIP TO SUSP PEND SETTL NEGOTIATIONS Feb 02, 2017 7 SUSPENDED Feb 02, 2017 8 STIP TO SUSP PEND SETTL NEGOTIATIONS Mar 04, 2017 9 SUSPENDED Mar 04, 2017 10 STIP TO SUSP PEND SETTL NEGOTIATIONS Apr 20, 2017 11 SUSPENDED Apr 20, 2017 http://tsdr.uspto.gov/ Oct 09, 2016 6/16/2017 Status Search SN 85792400 Page 1 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 117 of 155 PageID 441 TSDR now includes a Post Registration Maintenance Tab. When viewing a Registered mark, users will now find a new 3rd tab providing Post Registration information next to the "Status" and "Document" tabs, below the search text box. The tab will not appear if the mark is not registered. STATUS DOCUMENTS Back to Search MAINTENANCE Print Generated on: This page was generated by TSDR on 2017-06-16 16:40:41 EDT Mark: CIGAR CITY BREWING US Serial Number: 85792400 Application Filing Date: Dec. 01, 2012 US Registration Number: 4665481 Registration Date: Jan. 06, 2015 Filed as TEAS Plus: Yes Currently TEAS Plus: Yes Register: Principal Mark Type: Trademark TM5 Common Status LIVE/REGISTRATION/Issued and Active Descriptor: The trademark application has been registered with the Office. Status: Registered. The registration date is used to determine when post-registration maintenance documents are due. Status Date: Jan. 06, 2015 Publication Date: Oct. 21, 2014 Mark Information Related Properties Information Goods and Services Basis Information (Case Level) Current Owner(s) Information Owner Name: Cigar City Brewing LLC Owner Address: 3924 W. Spruce Street Suite A Tampa, FLORIDA UNITED STATES 33607 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where FLORIDA Organized: Attorney/Correspondence Information Attorney of Record Attorney Name: Glenn A. Rice Attorney Primary Email grice@fvldlaw.com Attorney Email Authorized: Yes Address: Correspondent Correspondent GLENN A. RICE Name/Address: FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD. 55 W MONROE ST STE 2300 CHICAGO, ILLINOIS UNITED STATES 60603-5117 Phone: 312 701-6895 Correspondent e-mail: grice@fvldlaw.com Fax: 312 701-6801 Correspondent e-mail Yes Authorized: Domestic Representative - Not Found http://tsdr.uspto.gov/ 6/16/2017 Status Search SN 85792400 Page 2 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 118 of 155 PageID 442 Prosecution History Da t e De sc ript ion Aug. 03, 2016 ASSIGNMENT OF OWNERSHIP NOT UPDATED Jan. 06, 2015 REGISTERED-PRINCIPAL REGISTER Oct. 21, 2014 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E- Proc e e ding N um be r AUTOMATICALLY MAILED Oct. 21, 2014 PUBLISHED FOR OPPOSITION Oct. 01, 2014 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED Sep. 16, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED Sep. 10, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER 69712 Aug. 21, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 69712 Aug. 21, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 69712 Aug. 14, 2014 TEAS RESPONSE TO OFFICE ACTION RECEIVED Jul. 16, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION WRITTEN 77073 Jul. 16, 2014 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION E-MAILED 6325 Jul. 16, 2014 NON-FINAL ACTION WRITTEN 77073 Jul. 16, 2014 PREVIOUS ALLOWANCE COUNT WITHDRAWN Jul. 02, 2014 WITHDRAWN FROM PUB - OG REVIEW QUERY 73714 Jun. 20, 2014 LAW OFFICE PUBLICATION REVIEW COMPLETED 69712 Jun. 17, 2014 APPROVED FOR PUB - PRINCIPAL REGISTER Jun. 16, 2014 EXAMINER'S AMENDMENT ENTERED 69712 Jun. 16, 2014 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Jun. 16, 2014 EXAMINERS AMENDMENT E-MAILED 6328 Jun. 16, 2014 EXAMINERS AMENDMENT -WRITTEN 77073 Jun. 11, 2014 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Jun. 10, 2014 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Jun. 10, 2014 TEAS REQUEST FOR RECONSIDERATION RECEIVED Dec. 11, 2013 NOTIFICATION OF FINAL REFUSAL EMAILED Dec. 11, 2013 FINAL REFUSAL E-MAILED Dec. 11, 2013 FINAL REFUSAL WRITTEN 77073 Nov. 21, 2013 TEAS/EMAIL CORRESPONDENCE ENTERED 88889 Nov. 20, 2013 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889 Nov. 20, 2013 TEAS RESPONSE TO OFFICE ACTION RECEIVED May 21, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 May 21, 2013 NON-FINAL ACTION E-MAILED 6325 May 21, 2013 NON-FINAL ACTION WRITTEN 77073 May 14, 2013 PREVIOUS ALLOWANCE COUNT WITHDRAWN May 13, 2013 WITHDRAWN FROM PUB OTQR REQUEST 73714 May 02, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 69712 May 01, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER Mar. 22, 2013 EXAMINER'S AMENDMENT ENTERED 69712 Mar. 21, 2013 ASSIGNED TO LIE 69712 Mar. 21, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328 Mar. 21, 2013 EXAMINERS AMENDMENT E-MAILED 6328 Mar. 21, 2013 EXAMINERS AMENDMENT -WRITTEN 77073 http://tsdr.uspto.gov/ 6/16/2017 Status Search SN 85792400 Page 3 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 119 of 155 PageID 443 Mar. 21, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325 Mar. 21, 2013 NON-FINAL ACTION E-MAILED 6325 Mar. 21, 2013 NON-FINAL ACTION WRITTEN 77073 Mar. 21, 2013 ASSIGNED TO EXAMINER 77073 Dec. 11, 2012 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM Dec. 06, 2012 NEW APPLICATION ENTERED IN TRAM TM Staff and Location Information TM Staff Information - None File Location Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jan. 06, 2015 Assignment Abstract Of Title Information Conveyance Filter Summary Total Assignments: 1 Registrant: Cigar City Brewing LLC Assignment 1 of 1 Conveyance: TRADEMARK SECURITY AGREEMENT Reel/Frame: 5834/0707 Pages: 13 Date Recorded: Jul. 14, 2016 Supporting Documents: assignment-tm-5834-0707.pdf Assignor Name: CIGAR CITY BREWING LLC Execution Date: Jul. 08, 2016 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where FLORIDA Organized: Assignee Name: HPS INVESTMENT PARTNERS, LLC, AS ADMINISTRATIVE AGENT Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where DELAWARE Organized: Address: 40 WEST 57TH STREET, 33RD FLOOR NEW YORK, NEW YORK 10019 Correspondent Correspondent Name: LATHAM & WATKINS LLP Correspondent Address: 650 TOWN CENTER DRIVE, SUITE 2000 COSTA MESA, CA 92626 Domestic Representative - Not Found Proceedings Party type Summary Proceeding type Number of Proceedings: 1 Type of Proceeding: Cancellation Proceeding Number: 92064315 Filing Date: Aug 26, 2016 Status: Pending Status Date: Aug 26, 2016 Interlocutory Attorney: ANDREW P BAXLEY Defendant Name: Cigar City Smoked Salsa, LLC Correspondent Address: JAMES MATULIS LAW OFFICE OF JAMES MATULIS http://tsdr.uspto.gov/ 6/16/2017 Status Search SN 85792400 Page 4 of 4 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 120 of 155 PageID 444 9806 GRETNA GREEN DRIVE, SUITE 100 TAMPA FL UNITED STATES , 33626 Correspondent e-mail: jim@matulis-law.com Associated marks Mark CIGAR CITY SALSA Application Status Serial Number Registration Number Cancellation Pending 86717924 5014834 Plaintiff(s) Name: Cigar City Brewing LLC Correspondent Address: GLENN A RICE FUNKHOUSER VEGOSEN LIEBMAN & DUNN LTD 55 W MONROE ST STE 2300 CHICAGO IL UNITED STATES , 60603 Correspondent e-mail: grice@fvldlaw.com Associated marks Mark Application Status Serial Number Registration Number CIGAR CITY BREWING Registered 85792400 4665481 Registered 85934190 4528243 Due Date CIGAR CITY BREWING TAMPA CCB Prosecution History Entry Number History Text Date 1 FILED AND FEE Aug 26, 2016 2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Aug 30, 2016 3 PENDING, INSTITUTED Aug 30, 2016 4 ANSWER Oct 05, 2016 5 D APPEARANCE / POWER OF ATTORNEY Nov 08, 2016 6 STIP TO SUSP PEND SETTL NEGOTIATIONS Feb 02, 2017 7 SUSPENDED Feb 02, 2017 8 STIP TO SUSP PEND SETTL NEGOTIATIONS Mar 04, 2017 9 SUSPENDED Mar 04, 2017 10 STIP TO SUSP PEND SETTL NEGOTIATIONS Apr 20, 2017 11 SUSPENDED Apr 20, 2017 http://tsdr.uspto.gov/ Oct 09, 2016 6/16/2017 Case Document 8 Filed 07/24/17 Page 121 of 155 PagelD 445 EXHIBIT 12 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 122 of 155 PageID 446 Sun, Dec '18, 13:27 C~ C Y V.~pE ~UNbP ~F"Y►e. '~- Branching out? Where is that? ~_ _-Sun, Dec 18, 19:12 FrPch (~/1arkPt Case Document 8 Filed 07/24/17 Page 123 of 155 PagelD 447 EXHIBIT 13 7/10!2017Case LOCATOR 8:17-cv-01728-VMC-TBM DocumentSTORE 8 Filed 07/24/17 Page 124 of 155 PageID 448 i ~AQtitFRsMA1PKf 0 CIGAR CITY SMOKED SALSA now available at a Odessa Florida landmark! KEYSTONE KORNER. Stop in and pick up a jar. P ublix CIGAR CITY SMOKED SALSA available at both locations of Natural Market: Land o'Lakes and Gunn Hwy. WF10LE FOODS MARKET ORLANDO 8003 Turkey Lake Road Orlando Florida 32819 Phone: 407.355.7100 Hours: Sam - 10pm Seven days a week ~ 1 *~ E ~+r f ~~E. B R~~ ~ ~ GRATEGRILLS ~~c~tzr S DUCKWEED `_~'' r '' , WESTERN ~~~~ Walmart N ATURE "S~~~i000 P~rcH CIGAR CITY SMOKED SALSA is growing in many local WAIMART locations in: Tampa Largo Clearwater Sarasota Bradenton Land o Lakes Lutz Odessa Oldsmar Vil~~e Heclth Mnrket VILLAGE HEALTH MARKET ~ ~~~ 3225 5 MacDill Ave, Tampa, FL 33629 Phone: 813-$37 -6065 CIGAR CITY SMOKED SALSA a local favorite in Land o'Lakes. A perfect compliment to one of the areas most recognized deli's. Hours: 8:30 am - 9:30 ~m METRO MARKET YBOR CITY INTERBAY MEAT MARKET 900 W Kennedy Blvd Tampa, FL 33606 6110 Iroterbay Blvd Tampa, F~ 33611 Phone: 813-789-3644 Phone: 813-839-7542 Hours: Daity; 24 hrs Hours: Gam-10pm Monday to Saturday, gam to 5pm Copyright 2014 (www.cigarcitysalsa.com http://cigarcitysalsa.com/store-locator 1/1 Case Document 8 Filed 07/24/17 Page 125 of 155 PagelD 449 EXHIBIT 14 7/17/2017 : Publix.com Case 8:17-cv-01728-VMC-TBM Document Beer 8 Filed 07/24/17 Page 126 of 155 PageID 450 Log In p UbI1X. Sign Up 8 Weekly Ad ~~er a s~a,~n Q ]-2 oft Show: 24 v Sort By: Best Sellers ~ O Ali Products Beer (2244} Cocktail Mixes(149) ~~ Flavored Adult Beverages (328) ~ Cigar City Florida Cracker Belgian-Style White Ale Wine(4535) Cigar City La$er 6- 12 oz cans 6-12flozcans Refine Results Wheat Ale Brand -Cigar City Brewing(2p O Light Lager Clear All ~ Brand 21STAMMENDMENT BREWERY(1) 21st Amendment(2) 21st Amendment Brewery(3) Estimated prices effective at time of order only and may be subject to variation at tune of pickup. 3 Daughters(2) 2000 calories a day is used for general nutrition advice, but c2lorie needs vary. 3 Daughters Brewing(5) Additional nutrition information available upon request.(Go to product detail page for each product.) 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And that's got a lot to do with a very special Dark Lord-infused hot sauce stirred up by Three Floyds Brewery(http://www.3floyds.com/)executive chef Pat Niebling thaYs been bottled up,dipped in waac and set for sale at the annual beer festival celebrating the Russian imperial stout touted as the "most wanted beer in the world." Inspired by the brewery's "IYs Not Normal"slogan, Niebling took ancho and guajillo chili peppers left behind after aging for a year in cognac barrels to make Dark Lord de Merete,a highly sought-after barrel-aged version of what beer experts consider the world's best Russian imperial stout. "I was into hot sauce at the time,and they weren't doing anything with those https://www.dnainfo.con~/chicago/20150417/tuliversity-villagehiew-dark-lord-hot-sauce-h... 7/18/2017 of4 Page 2463 Annual Three Beer Fest -University New Dark Floyds07/24/17 Lord Hot Sauce To Heat UpDocument Case 8:17-cv-01728-VMC-TBM 8 Filed Page 139 ofVilla... 155 PageID peppers in the barrels, so I decided to make some hot sauce," the chef said. Niebling added red jalapenos, habanero and roasted poblano peppers, onions, garlic and carrots, mixed in vinegar and a bit ofthe unbottled stout left in the barrels, cooked the concoction for four hours to produce the deep red sauce that Three Floyd's founder Nick Floyd named "Dark Lord Head Hunter Hot Sauce." It's spicy —about6 on a scale of i to io —with sweetness from the carrots and hints of the chocolate and coffee flavors found in Dark Lord. "Our cheftook the initiative, and I got them some kick-ass art," Floyd said ofthe grenade-shaped hot sauce bottles adorned with an image of a female warrior from Middle-earth. "The sauce is an evolution of[Niebling]growing as a chef." If you want to buy a bottle to try at home, you're probably out of luck. There were only enough barrel-aged peppers for about 50o bottles. You can get one at Dark Lord Day on April z5,but the annual beer fast is already sold out. But there was a chance to get a taste last Saturday at Bacon Fest at the UIC Forum.(http://baconfestchicago.com/when-is-baconfest/)ThaYs where Niebling cooked up his version of a "Texas hot wing" that was slathered in Dark Lord Head Hunter Hot Sauce. "I think it's really cool to have the hot sauce that comes from Dark Lord,a beer that has such a huge cult following, and really is another step to that," Niebling said. "Dark Lord comes every year, and we're going to work on having a hot sauce every year. I'm pretty excited about how it all came together." For more neighborhood news,listen to DNAinfo Radio here: •un~ souNoa000 DNAinfo Radio Chicago snare Wrigley's Bullpens Need A Save Of Their Own i ~;j ~ , ,. I ~, 8K DNAlnfo Radio Chicago -Wrigley's Bullpens Need A Save Of Their Own - DNAlnfo Radio Chicago -Everyone Survived The Brianna & Jaelin Walking Tour Of Edgewater 8K 8K DNAinfo Radio Chicago -Contract Impasse Could Mean Teacher Strike This Fall 3.4K DNAinfo Radio Chicago - Newhart's Journey Home Would Have Driven Anyone Crazy 2.SK DNAinfo Radio Chicago - Ald. Dowell Frees Up Funds To Help 3rd Ward Schools 1,6K DNAinfo Radio Chicago -Another Chicago'Up' House -This One On The Lake 1.6K DNAinfo Radio Chicago - Celebreting 100 Years of Radio Flyer In Chicago iK DNAinfo Radio Chicago DNAinfo Radio "On Demand" Cookie policy Get our daily West Loop, Near West Side, Pilsen news and alerts! Email Address Zip Subscribe ey licking subscribe, I agree to be bountl 6y the Terms of Use I//www.tlnalnfo.rom/chicaea/shout-us/terms) and Pr'vacv Pol'cv 1//www dnainlacom/chicaeo/about-us/onvacv-oolicvl https://www.dnainfo.com/chicago/20150417/university-village/new-dark-lord-hot-sauce-h... 7/18/2017 of4 Page 3464 Case 8:17-cv-01728-VMC-TBM 8 Filed Page 140 ofVilla... 155 PageID Floyds07/24/17 Beer Fest -University Annual Three New Dark Lord Hot Sauce To Heat UpDocument ~= Recommended DOWNTOWN a (HTTPS://WW W.DNAiNFO.COM/CHICAGO/DOWNTOWN-SOUTH-LOOP-RIVER-NORTH) Heinz Unveils New'Chicago Dog Sauce'To Get Around Our No-Ketchup Rule (https://www.dnainfo.~om/chicago/20170718/downtown/heinz-u nveiIs-new-chicago-dog-sauce-get-around-our-n o-ketch u p-rule) ~hff~c•/~'","„",`~"ainfo.com/cF NCAR WEST SIDE » (HTTPS://W W W.DNAIN~O.COM/CHICAGO/WEST-LOOP-NHAR-WEST-SIDE-PI LSEN) City Workers Busted For Closing Street By United Center So Friends Can Park(https://www.dnainfo.com/chicago/20170717/near-westside/13-city-workers-d iscip I i n ed -for-a rrangin g-free-parking-near-u nited-center) ~~~'~^ ~~M^~^ainfo.~om/cY LAKEVIEW (HTTPS://WWW.DNA[NFO.COM/CHICAGO/LAKEVIEW-W RIG LEYVILLE) Lyft Shuttle, Which Offers Rides Along A Fixed Route, Growing In Chicago (https://www.dnainfamm/chi~ago/20170718/lakeview/lykshuttle-ridership-growing-rideshare-hailing) {~ F DOUGLAS»(HTTPS://WWW.DNAINFO.COM/CHICAGO/BRONZEVILLE-WASHINGTON-PARK) ainfo.com/cF Five Young Kids Try To Steal Woman's Car —But Can't Figure Out Ignition (https://www.dnainfo.cam/chi~ago/20170718/douglas/afterfive-boys-tried-rob-woman-of-car-she-chases-them-down) HUpp~dr'svww.d nainfo.co m/ct _ _ _ ___ _ _ _ _ Hn~ir~lys-tried-__ . rob-woman-ofcar-shephases-them- ~NICAGO na down) (https://www.dnainfo.com/chicago) DNAinfo is Chicago's Ieading neighborhood news source. 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My aGGQUNT CONTACT U0 Search... 5 HOME GALLERY PIKE WEAR CAR74Q) CHECKOUT ~` BEER WARE ~ PIKE PET FOOD &BEER BOOKS SALE FOOD &BEER: PIKE BEER SAUCES &CONDIMENTS HOME —~ FOOD &BEER: PIKE BEER SAUCES &CONDIMENTS —. PAGE 1 OF 1 FOOD &BEER: PIKE BEER SAU~ v ........................................................................: ~ D Pike Kilt Lifter BBQ Sauce O ~ $6.95 Pike Organic Tomato Ketchup $6.95 $6.95 Pike Organic Yellow Mustard P Pike X7IXXX Stout Stone Ground Mustard $6.95 ......................................................................................................... ~WSLETTER -~'~~~~~"~~~~ ~ ~ -Emil address ~ Slgn up " ""' .. ... ..................... ...... .......... SHOP PIKE . HOME Shop Pike Brewing is about beer. We are beerlovers and .GALLERY the products we sell help enhance the beer e~cperience. pII~ WF~R SOCIAL ABOUT US BEER WARE FOOD &BEER We design our own products and source them from the best suppliers we can find with an emphasis on sustainabilfty. We endeavor to have as many American made products as possible. _..._._.... . PIKE PET ~ BOOKS ~ V/SA https://www.shoppikebrewing.com/collections/food-beer-pike-beer-sauces oisc~v~ j~ ~, _— ~ 7~1 O~ZO1 / of4 Page 1466 Beer Sa1saTM &Craft Co. Craft SalsaTM Salsa Line — Southside SalsaDocument Our Craft Case 8:17-cv-01728-VMC-TBM 8 Filed 07/24/17 Page 142 of 155 PageID OV R CRAFT SALSA LI N E Southside Salsa Co. Craft Salsa T"' &Craft Beer Salsa T"' > Our Craft Salsa Line Launching at Central Market Fort Worth and Southlake, our first two Fort Worth inspired flavors, Panther City Mild and Hells Half Acre Hot, can be found in the cold dairy section with other fine, fresh foods. The Rahr &Sons Brewing Co. co-branded products wil l be available wherever Rahr products are sold. This is a shelf stable salsa available in the salsa isle. As of May, 2014 you can find the Rahr salsa line at Specs, Total Wine and Central Market - DFW locations only. Back in the lean years of 1873, a writer said Fort Worth was so sleepy he'd seen a panther sleepin' on the street outside the courthouse. But if you look at Cowtown today, iYs fresh, alive and kicking. Just like our Sleeping Panther Craft SalsaT"'. The fresh i ngredients will bring anyfood to life and providejust enough kick to make you understand, it's no pussycat. Panther City Mild craft salsa T"' is available in special order only. info@southsidesalsaco.com for more ordering Please email .......................................................................................... details. http://www.southsidesalsaco.com/craft-salsa/ 7/18/2017 Page 2467 of4 &Craft Beer SalsaTM Co. Craft Sa1saTM Our Salsa Line — Southside SalsaDocument Craft Case 8:17-cv-01728-VMC-TBM 8 Filed 07/24/17 Page 143 of 155 PageID Fort Worth was once home to the most notorious spot in Texas. Hells Half Acre had almost as many saloons, brothels and gambling halls as it had cattle. Almost. Gunslingers and outlaws like Bat M asterson, Doc Holiday, Butch and Sundance were regulars. Now Southside Salsa Co pays tribute to Hells Half Acre with a craft salsaT"^ hot enough to show any taste buds one helluva a good time. Hells Half Acre Hot craft salsaT"' is available in special order only. Please email info@southsidesalsaco.com for more ordering details. Southside Salsa Co. has a craft beer salsaT"' called Ugly Chipugly! It is a bold flavor brewed up by Jason Harskjold, Founder and Head Chef at Southside Salsa. The craft beer inspired salsa notes a smoky chipotle flavor that compliments the coffee and chocolate undertones of Rahr &Son's Ugly Pug Black Lager, making for a salsa that not only has bark, but a bite. And, bite it does! If you've been looking for something with a kick, grab a jar this week and see how good it feels and tastes to get ugly! .,~+*! ' Southside Salsa Co. latest craft beer salsaT"" flavor "TEXAS ROJA" is here! Texas Roja (that's red for all you gringos) is a new flavor brewed up by Jason Harskjold, Founder and Head Chef at Southside Salsa. The second in our line of craft beer inspired salsas, Texas Roja is a medium red craft salsaT"' that uses fresh ingredients and blends in just the right amount of Rahr &Son's Texas Red Amber Lager. The notes of caramel and slight hoppy bitterness of Texas Red are the perfect addition to a great medium salsa. So get in the Texas spirit with a true craft inspired salsa. http://www.southsidesalsaco.com/craft-salsa/ 7/18/2017 of4 Beer SalsaTM Page 3468 Co. Craft Sa1saTM &Craft Our Craft Salsa Line — Southside SalsaDocument Case 8:17-cv-01728-VMC-TBM 8 Filed 07/24/17 Page 144 of 155 PageID Rahr &Son's Blonde Lager has the honor of being Fort Worth's original craft beer. And we figured one first deserves another, so we blended Rahr's Blonde Lager with fire roasted yellow bell peppers to create a delicious craft beer saisaT"' like no other. The beer's sweetness perfectly complements our unique blend of peppers and spices, creating a first in class flavor we're sure you're gonna love. Because here in Fort Worth, we're no strangers to salsa, beer and blondes. Craft Salsa T"" Recipes ..................................................................... Buy Rahr Craft SaisaT"" Online ................................................................................................ SOUTHSIDE SALSA CO. PO Box 8816 Fort Worth, Texas 76124 SEE MAP > http://www.southsidesalsaco.com/craft-salsa/ 7/18/2017 of 1 Page 1469 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 145 of 155 PageID Food -Store - Yuengling Home > Store > Home &Bar > Home &Bar Food USA ~~"~ : :~ B EER s ate-- iil Cookbook $6.00 —:~~n ~~ ~_ ~--~~ i Brown Sugar Seasoning Grill Set $50.00 '~ae~1n i Jerk Seasoning $5.00 $5.00 ~i Smoked Sea Salt Seasoning $5.00 https://www.yuengling.com/store/home bar/home bar/food/ 7/18/2017 Rogue of 3 Online Store Page 1470 CaseAles 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 146 of 155 PageID My Account ~ Gift Certificates ~ Sign in or Create an account ~ Search Items / $0.00 SUBM All prices are in USD ROGUE ALES, CIDERS &SODAS APPAREL UNIQUE THUNDER FEATURED PRODUCTS http://buy.rogue.com/ 7/18/2017 Page 2471 of 3 Rogue Online Store CaseAles 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 147 of 155 PageID ,, ~, :,.. ,~` _ ~ ~t Paradise Pucker Sour Ale Dead Guy Sticker -Small Women's Dead Guy T-shirt Rogue Revolution Pint Glass - Set of 2 $6.99 $0.50 $20.00 $8.50 ADD TO CART ADD TO CART CHOOSE OPTIONS ADD TO CART Rogue Blackout Hat $25.00 CHOOSE OPTIONS http://buy.rogue.com/ 7/18/2017 of 3 Page 3472 CaseAles 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 148 of 155 PageID Rogue Online Store ~_ ___~ ~ T~~~nTrrn unaas~ ~~ : j ' A8611E .:..x.~... ~!~ ■111'~~- :~, ..~..~~ Rogue Sriracha Hot Stout Hopoes Rogue Nation Bumper Sticker Rogue Albacore Tuna $13.00 $0.50 Beer $13.99 ADD TO CART ADD TO CART ADD TO CART $625 ADD TO CART Dead Guy Pint Glass -Set of 2 $8.50 ADD TO CART CATEGORIES POLICIES Rogue Farms Rogue Ales, Ciders ~ Sodas Shipping and Returns Dead Guy Apparel Alcohol Sale Policy Rogue Spirits Unique Thunder Contact Us Rogue Nation View all categories FAMILIES CONNECT WITH US NEW5LETTEA Name Yellow Snow Email SUBMIT Rogue Soda Rogue Stout Glass Santa's Private Reserve American Amber Beard View all brands All prices are in USD. ~ 2017 Rogue Ales. Sitemap ~ Shopping Cart Software by BigCommerce http://buy.rogue.com/ 7/18/2017 of4 Page 1473 Brewing Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 149 of 155 PageID Stone Welcome Wish list Login HOME STONE BREWING ARROGANT BREWING Shopping basket 0 products) BEER Product name or item number STONE HOME BREWING STONE BREWING Men Women Accessories Barware / Glassware Food Books Gift Card Other Stuff ARROGANT BREWING BEER Sort by: PRODUCT NAME PRICE DELICIOUS GREEN SRIRACHA SAUCE ~~•00 http://shop.stonebrewing.com/en-us/stone-brewing/ Product Name Price ADD TO BASKET 7/18/2017 Stone Page 2474 of4 CaseBrewing 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 150 of 155 PageID DELICIOUS IPA CANDLE PINT GLASS $20.00 ADD TO BASKET $3.50 ADD TO BASKET DELICIOUS IPATAP HANDLE X40.00 ADD TO BASKET ENJOY BY PREMIUM TEE X24.00 ADD TO BASKET $100.00 ADD TO BASKET GIFT CARD - $25 $25.00 ADD TO BASKET +~ GIFT CARD - $50 $50.00 ADD TO BASKET $3.50 ADD TO BASKET $40.00 ADD TO BASKET $9.25 ADD TO BASKET $12.00 ADD TO BASKET ~ DELICIOUS IPA PINT GLASS `~, s.~..,.~ • GIFT CARD - $100 GO TO IPA PINT GLASS ~ GO TO IPA TAP HANDLE GROWLER 1L GROWLER 2L http://shop.stonebrewing.com/en-us/stone-brewing/ 7/18/2017 Stone Page 3475 of4 CaseBrewing 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 151 of 155 PageID ~. GROWLER 4002 $40.00 ADD TO BASKET $24.95 ADD TO BASKET X20.00 ADD TO BASKET ~~0.00 ADD TO BASKET $5.00 ADD TO BASKET S~•00 ADD TO BASKET IPA TAP HANDLE $40.00 ADD TO BASKET IPA TEE $20.00 ADD TO BASKET X30.00 ADD TO BASKET $x•00 ADD TO BASKET SBC :x.= ~ ;' IPA BREWING TECHNIQUES BOOK a~~ , d IPA CANDLE PINT GLASS IPA CYCLING JERSEY IPA MUSTARD IPA SPECIALTY w GLASS MIIR GROWLER 4002 -"' OLD GUARDIAN SPECIALTY GLASS http://shop.stonebrewing.com/en-us/stone-brewing/ 7/18/2017 of4 Page 4476 Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 152 of 155 PageID Stone Brewing PALE ALE MUSTARD 2.0 RIPPER TAP HANDLE RUIN IIPA PINT $5.00 ADD TO BASKET X40.00 ADD TO BASKET $3.50 ADD TO BASKET GLASS Results 1-25 1 2 3 ... 7 Show 25 NEWSLETTER QUICK LINKS Home Login Contact us My account FAQs Gift Card Balance Shopping basket VISA~~PoYva~ '. Subscribe to our newsletter. E-mail address U nsubscribe O O Copyright 2017 Stone Brewing All rights reserved http://shop.stonebrewing.com/en-us/stone-brewing/ Visit us ~ Contact us ~ Privacy policy ~ Disclaimer 7/18/2017 of 2 Page 1477 Food Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 153 of 155 PageID Welcome Wish list Login HOME STONE BREWING ARROGANT BREWING Shopping basket 0 products) BEER Product name or item number HOME FOOD STONE BREWING Men Women Accessories Barware / Glassware Food BBQ Sauce Hot Sauces M ustards Books Gift Card Other Stuff ARROGANT BREWING BEER Sort by: Product Name Price PRODUCT NAME http://shop.stonebrewing.com/en-us/food-sb/ 7/18/2017 Page 2478 of 2 Food Case 8:17-cv-01728-VMC-TBM Document 8 Filed 07/24/17 Page 154 of 155 PageID ' : DELICIOUS GREEN SRIRACHA SAUCE ~~•00 ADD TO BASKET IPA MUSTARD $5.00 ADD TO BASKET ~.O $5.00 ADD TO BASKET RUINATION MUSTARD GRILL SAUCE $7.00 ADD TO BASKET PALE ALE MUSTARD Results 1-4 1 Show 25 u NEWSLETTER QUICK LINKS Home Login Contact us My account FAQs Gift Card Balance Shopping basket v~~~~pa~pa Subscribe to our newsletter. E-mail address U nsubscribe O O Copyright 2017 Stone Brewing All rights reserved http://shop.stonebrewing.com/en-us/food-sb/ Visit us ~ Contact us ~ Privacy policy ~ Disclaimer 7/18/2017 of2 Sierra Online Gift Shop -FoodDocument -Show It Off Page 1479 CaseNevada 8:17-cv-01728-VMC-TBM 8 Filed 07/24/17 Page 155 of 155 PageID Customer Service ~ j1y""~ ~V~,q GIFT SHOP HOME I THREADS I STOCK YOUR 8AR I SHOW IT OFF I GIFT IT AWAY Submit Du My Cart My Account I NEW I SALE Login I ReglStef Shop P ALE ALE (1) P ORTER (2) STOUT (2) Price Sierra Nevada Mustard -Jar $3.75 Sierra Nevada Mustard Squeeze Bottle Sierra Nevada Original BBQ Sauce $4.00 $10.00 E0.00 - $9.99 (3) $10.00 AND ABOVE (3) Style H OP HUNTER BBO SAUCE (1) R EGULAR BRITTLE (1) • ~ ~ .n gnu w~ ~ ~ ~ ~• ~ STOUT BBO SAUCE (1) ~' ~. •.r ~ V~.Y.v ' Ms ~. ~,. • ~ " ~ Sierra Nevada Peanut Brittle + { SNBC Cascade Hop Salt Torpedo Hot Sauce $10.00 $5.00 x15.00 Find Our Beers Near You Sign Up For Our Mailing List Emall Atldress GO http://www.sierranevadagiftshop.com/food.html Zip Code LOCATE BEERS 7/18/2017