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					     Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 1 of 127 PageID #:1



                         THE UNITED STATES DISTRICT COURT
                       FOR THE NORTHERN DISTRICT OF ILLINOIS
                                 EASTERN DIVISION

DEUTSCHE TELEKOM AG, a German                  )
corporation,                                   )
                                               )
                             Plaintiff,        )         Civil Action No. ____________
      v.                                       )
                                               )
T-SYSTEM, INC., a Texas corporation,           )
                                               )
                             Defendant.        )

                                          COMPLAINT

       Plaintiff Deutsche Telekom AG (“DTAG” or “Plaintiff”), by and through its attorneys,

alleges as follows against Defendant T-System, Inc. (“Defendant”):

                                 NATURE OF THE ACTION

       1.     This action arises as a result of Defendant’s unauthorized, improper, and willful

adoption and use of DTAG’s registered trademarks for “T-SYSTEM,” “T-MOBILE,” and

various “T” formatives (collectively, the “DTAG Marks”).

       2.     The famous DTAG Marks have become exclusively associated with Plaintiff in

the United States and worldwide after many years of use and promotion by Plaintiff and its

wholly owned affiliates in connection with, inter alia, telecommunications and information

technology services.

       3.     Defendant’s improper adoption and use of marks confusingly similar to the

DTAG Marks for highly similar, if not identical, services is likely to cause consumer confusion,

dilution, and unfairly compete with DTAG.
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        4.       Defendant’s improper adoption and use of these marks is also in direct violation

of the terms of the Trademark Use and Registration Agreement entered into between the parties

on March 3, 2004.

                                              PARTIES

        5.       Plaintiff Deutsche Telekom AG is a corporation organized under the laws of the

Federal Republic of Germany, with its principal place of business located at Friedrich-Ebert-

Allee 140, 53113 Bonn.

        6.       Upon information and belief, Defendant T-System, Inc. is a corporation organized

under the laws of Texas, with its principal place of business located at 4020 McEwen Drive,

Suite 281, Dallas, Texas 75244.

                                  JURISDICTION AND VENUE

        7.       This Court has subject matter jurisdiction pursuant to 15 U.S.C. § 1121 and

28 U.S.C. § 1331 and because this action arises under federal law, namely 15 U.S.C. §§ 1051, et

seq. (the “Lanham Act”). The Court has supplemental jurisdiction over DTAG’s state law

pendent claims under 28 U.S.C. § 1367. This court also has subject matter jurisdiction over this

matter pursuant to 28 U.S.C. § 1332 due to diversity of citizenship and an amount in controversy

in excess of $75,000.

        8.       This Court has personal jurisdiction over Defendant because, upon information

and belief: (1) the infringing activities complained of occurred, at least in part, in this district; (2)

defendant offers for sale, and has sold, its products in this judicial district; and (3) Defendant

availed itself of this judicial district by obtaining a registration to do business in Illinois with the

Illinois Secretary of State as well as actively advertising its services for sale consumers in this

judicial district.




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        9.      Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) because

Defendant is subject to personal jurisdiction and because, upon information and belief: (1) the

infringing activities complained of occurred, at least in part, in this district; (2) defendant offers

for sale, and has sold, its products in this judicial district; and (3) Defendant availed itself of this

judicial district by obtaining a registration to do business in Illinois with the Illinois Secretary of

State as well as actively advertising its services for sale to consumers in this judicial district.

                                          BACKGROUND

        10.     DTAG and its affiliates are one of the world’s largest telecommunication and

information technology service providers. Both DTAG and its wholly owned affiliates under

common control, including T-Systems North America, Inc.. and T-Mobile USA, Inc., offer a

broad range of telecommunication and information technology goods and services under

DTAG’s family of “T” marks, including the DTAG Marks, in the United States and throughout

the world. These DTAG Marks are among DTAG’s core brands and are integral to its corporate

identity. In this regard, DTAG has extensively used and promoted the DTAG Marks in the

United States and international commerce. Indeed, these marks have been widely used and

registered by DTAG on a worldwide basis for many years in a stand alone “T” form, as a stand

alone design element, in combination with additional words, numbers, designs and/or device

elements, in numerous colors, and in black and white. (See Exhibit A for a non-exhaustive,

representative sample of the DTAG Marks in the U.S.). In addition, DTAG’s “T-SYSTEM”

brand has been widely registered and/or used as trademarks, domain names, company names,

and in various other mediums both in singular and plural form.

        11.     DTAG has engaged in numerous national and international advertising and

publicity campaigns utilizing the DTAG Marks for telecommunications and information




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technology goods and services and has invested substantial resources in such campaigns. As a

result, the DTAG Marks have gained substantial recognition for not only telecommunication and

information technology goods and services but with the public at large.

       12.     Through this longstanding, continuous, and extensive use and advertising of the

“T” form alone and in a variety of patterns and formatives, the DTAG Marks have reached a

level of fame in U.S. commerce.

       13.     Through this longstanding, continuous, and extensive use and advertising of the

“T” form alone and in a variety of patterns and formatives, the DTAG Marks have come to

constitute a series or family of marks that are owned by and are in the name of DTAG or its

affiliates. This family of DTAG Marks are inherently distinctive and are subject to a number of

trademark applications and registrations worldwide, some of which are now incontestable in the

United States under 15 U.S.C. § 1065. (See Exhibit A.) This family of DTAG Marks provides

DTAG with extensive rights to the “T” and “T”-type formatives in connection with

telecommunication and information technology goods and services.

       14.     On information and belief, Defendant is an information technology solutions

company. Defendant has a principal place of business in Houston, Texas but has operations

and/or sales that extend across the United States, including in this judicial district.

       15.     Effective as of March 29, 2004, the parties entered into a valid, enforceable,

written contract titled the Trademark Use and Registration Agreement (hereinafter, the

“Agreement”) concerning, in relevant part, Defendants’ use of the “T” and “T-SYSTEM” marks

in the United States and worldwide. A true and correct copy of the Agreement is attached as

Exhibit B. This Agreement superseded and replaced a 1998 Trademark Agreement entered into

between the parties regarding similar subject matter.




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       16.                     greement, D
              Pursuant to the Ag                     reed to use a a tradema the “T-
                                         Defendant agr           as        ark

SYSTEM phrase on in connec
     M”        nly                   he         icitly depicte in the Agr
                         ction with th logo expli            ed         reement:




       hibit B at ¶ 1.) Defendan also agree that any fu
(See Exh            1          nt         ed                      ions of the “T
                                                     future variati                   M”
                                                                               T-SYSTEM

        pted    endant woul require DT
logo adop by Defe         ld                                          it
                                     TAG’s written consent. (See Exhibi B at ¶ 1.)

       17.                     greement, D
              Pursuant to the Ag                     reed not to f any trade
                                         Defendant agr           file      emark

         ons      e           tes       nd        k          USPTO”) con
applicatio with the United Stat Patent an Trademark Office (“U         ntaining the

        T-SYSTEM” in block le
phrase “T       ”                        See
                            etter form. (S Exhibit B at ¶ 1.)

       18.                     greement, D
              Pursuant to the Ag                     reed to restrict all future application for
                                         Defendant agr                         e           ns

       ks                nd       SYSTEM EV to contain the follow
the mark “THE T-SYSTEM” an “THE T-S       V”                    wing limiting

       e:           ributed exclu
language “to be distr                       ealthcare pro
                                usively to he                      See
                                                        oviders.” (S Exhibit B at ¶ 2.)

       19.                     greement, D
              Pursuant to the Ag                     reed to restrict all use of and
                                         Defendant agr                         f

         ons                type marks t “charts for medical inf
applicatio for its T-SYSTEM-t          to                                 ystems and t
                                                              nformation sy          to

       r          s            eating, main
computer programs solely for cre                     d                       ormation sys
                                          ntaining and organizing medical info          stem

        ”          bit
records.” (See Exhib B at ¶ 3.)

       20.         formation an belief, an despite the parties’ Ag
              On inf          nd         nd          e                      efendant beg
                                                                 greement, De          gan

        e                      ently display
using the following logo promine                                   on          nformation
                                           ying the “T” in connectio with its in

        gy         ed                    s                       29,      reement
technolog and relate products and services years after the March 2 2004 Agr

        fter, the “New TSI Logo”):
(hereinaf            w




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An example of Defendant’s current usage of the New TSI Logo is attached hereto as Exhibit C

and is available at <www.tsystem.com>.

       21.     Contrary to the terms of the Agreement, Defendant did not obtain DTAG’s

permission to adopt the New TSI Logo, and DTAG did not consent to Defendant’s use of this

New TSI Logo.

       22.     On information and belief, and despite the parties’ Agreement, Defendant filed a

trademark application with the USPTO for T SYSTEMDS in block letter form on October 11,

2010 on an intent to use basis (pursuant to 15 U.S.C. § 1051(b)) for use in connection with

“digital record keeping systems comprising digital pens coupled with computer software that

provides web-based access to applications and online services through a web operating system

or portal interface for emergency rooms, urgent care centers, and first response units” in

International Class 09. This application was designated U.S. Serial No. 85/149,368. A copy of

this application is attached as Exhibit D.

       23.     On information and belief, and despite the parties’ Agreement, Defendant filed a

trademark application with the USPTO for THE T SYSTEM EV in block letter form on April

19, 2011 for use in connection with “computer programs for creating, maintaining and

organizing emergency room medical records to be distributed exclusively to health care

providers” in International Class 09. This application was designated U.S. Serial No.

85/298,588. A copy of this application is attached as Exhibit E.

       24.     On information and belief, and despite the parties’ Agreement, Defendant filed a

trademark application with the USPTO for T SYSTEMEV STAT in block letter form on April

27, 2011 on an intent to use basis (pursuant to 15 U.S.C. § 1051(b)) for use in connection with

“computer software used to analyze medical emergency department data for use by clinicians




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and hospital administration” in International Class 09. This application was designated U.S.

Serial No. 85/305,952 (collectively with U.S. Serial Nos. 85/149,368 and 85/298,588, the “TSI

Applications”). A copy of this application is attached as Exhibit F.

       25.     DTAG did not consent to Defendant’s use of or filings for the TSI Applications.

       26.     DTAG filed formal Notices of Opposition against each of the TSI Applications

with the Trademark Trial and Appeal Board (TTAB) of the USPTO. Opposition No. 91201618

was filed against U.S. Serial No. 85/149,368 on September 14, 2011. Opposition No. 91203319

was filed against U.S. Serial No. 85/298,588 on January 11, 2012. Opposition No. 91203318

was filed against U.S. Serial No. 85/305,952 on January 11, 2012. Copies of all three Notices of

Opposition are attached hereto as Exhibit G.

       27.     The New TSI Logo and the TSI Applications wholly incorporate and are

dominated by Plaintiff’s family of “T” marks and claim services confusingly similar, if not

identical, to DTAG’s core products and services. On information and belief, Defendant

continues to make use of the New TSI Logo and TSI Applications as its own without regard for

DTAG’s rights or its duties under the Agreement.

       28.     At the time Defendant adopted and began use of the New TSI Logo and TSI

Applications, DTAG’s Marks were registered with the USPTO. The DTAG Marks remain in

force. As a result, Defendant could not have performed even the most rudimentary search before

making use of the New TSI Logo and TSI Applications, thereby failing to meet any reasonable

standards in the selection of its marks. Furthermore, based on the March 29, 2004 Agreement it

entered into with DTAG, Defendant had actual knowledge of the family of DTAG Marks when it

adopted the New TSI Logo and TSI Applications.




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        29.     The use of the New TSI Logo and TSI Applications by Defendant in connection

with information technology and related products and services is likely to cause confusion as to

the ultimate source of its services, is likely to imply a false affiliation, sponsorship, or other

connection between DTAG and Defendant, and is likely to dilute DTAG’s famous DTAG

Marks, thereby causing DTAG irreparable harm.

        30.     In view of the actions by Defendant and its continued and blatant disregard of

DTAG’s rights and the parties’ prior Agreement, DTAG now brings this action.

                               FIRST CLAIM FOR RELIEF
                        (Trademark Infringement [15 U.S.C. § 1114(1)])

        31.     DTAG re-alleges and incorporates by reference the allegations of Paragraphs 1

through 30 above.

        32.     DTAG’s rights in its DTAG Marks date back to at least as early as April 23, 1996,

the filing dates for U.S. Reg. Nos. 2,448,571 and 2,460,631 for “T-SYSTEM.” (See Exhibit A).

Since this time, DTAG has continuously used its DTAG Marks, and formatives of the same, in

U.S. and international commerce.

        33.     Many of the DTAG Marks have reached incontestable status pursuant to

15 U.S.C. § 1065.

        34.     On information and belief, Defendant began using the New TSI Logo and TSI

Applications years after March 29, 2004.

        35.     DTAG therefore has priority based on its prior use and valid and subsisting

DTAG Marks and registrations. Such incontestable registrations are prima facie evidence of

Plaintiff’s rights.

        36.     Plaintiff has not provided authorization or granted permission of any type to

Defendant to use the New TSI Logo and TSI Applications.



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       37.     Defendant’s New TSI Logo and TSI Applications are highly similar, if not

identical, to the DTAG Marks, wholly incorporate the “T” portion of DTAG’s Marks, and are

used for information technology and related products and services, which are highly similar, if

not identical, to Plaintiff’s core products and services. The New TSI Logo prominently displays

DTAG’s “T” mark as its dominant feature. Such use by Defendant of the DTAG Marks in

commerce in connection with these services is likely to cause consumer confusion, mistake, or

deception as to the affiliation, connection, or association with Plaintiff.

       38.     As evidenced by the Agreement, Defendant had actual and/or constructive

knowledge of DTAG’s trademark rights prior to using, or continuing to use, the New TSI Logo

and TSI Applications.

       39.     Defendant’s use of the DTAG Marks constitutes trademark infringement of

DTAG’s registrations in violation of 15 U.S.C. § 1114.

       40.     The willful and intentional nature by Defendant—which had actual knowledge of

Plaintiff’s rights due to the parties’ prior Agreement—makes this trademark infringement an

exceptional case pursuant to 15 U.S.C. § 1117(a).

       41.     The reckless disregard of the most basic level of diligence by Defendant makes

this trademark infringement an exceptional case pursuant to 15 U.S.C. § 1117(a).

       42.     As a result of Defendant’s trademark infringement, DTAG has suffered damages

in an amount to be determined at trial.

       43.     As a result of Defendant’s trademark infringement, DTAG has also suffered

irreparable injury to its business, reputation, and goodwill. DTAG will continue to suffer

irreparable injury unless Defendant’s misconduct is enjoined by the Court.




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       44.     As a result of Defendant’s willful and reckless conduct, DTAG is entitled to

trebled damages, reasonable attorneys’ fees, and the costs of the action.

                              SECOND CLAIM FOR RELIEF
                          (Trademark Dilution [15 U.S.C. § 1125(c)])

       45.     DTAG re-alleges and incorporates by reference the allegations of Paragraphs 1

through 44 above.

       46.     DTAG’s use of its DTAG Marks in connection with telecommunication and

information technology goods and services does not impart an immediate conveyance or describe

the actual goods and services sold under the DTAG Marks. As a result, DTAG Marks are

inherently distinctive.

       47.     In addition to the inherent distinctiveness of the DTAG Marks, DTAG’s

prominent and consistent use of the DTAG Marks in the advertising and sale of

telecommunication and information technology goods and services in both U.S. and international

commerce for over a decade has led the DTAG Marks to acquire additional distinctiveness.

       48.     DTAG has engaged in numerous national and international advertising and

publicity campaigns utilizing the DTAG Marks for telecommunication and information

technology goods and services and has invested substantial resources in such campaigns. As a

result, the DTAG Marks have gained substantial recognition for not only telecommunication and

information technology goods and services but with the public at large.

       49.     On information and belief, Defendant adopted its New TSI Logo and TSI

Applications years after DTAG’s established worldwide use and promotion of its DTAG Marks

for telecommunication and information technology goods and services and modeled its

trademark filings after the branding strategy established by DTAG for the DTAG Marks.




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       50.     Defendant’s use of an identical branding strategy and a highly similar, if not

identical, mark will inevitably lead to a blurring in the mind of consumers between DTAG’s

famous DTAG Marks and DTAG’s goods and services in violation of DTAG’s rights in its

family of DTAG Marks.

       51.     Defendant’s unauthorized use of the New TSI Logo and TSI Applications

constitutes dilution of DTAG’s famous DTAG Marks under 15 U.S.C. § 1125(c).

       52.     Defendant had actual knowledge of DTAG’s trademark rights prior to using, or

continuing to use, the New TSI Logo and TSI Applications.

       53.     The willful and intentional nature by Defendant—which had actual knowledge of

Plaintiff’s rights due to the parties’ prior Agreement—makes this trademark infringement an

exceptional case pursuant to 15 U.S.C. § 1117(a).

       54.     The reckless disregard of the most basic level of diligence by Defendant makes

this trademark infringement an exceptional case pursuant to 15 U.S.C. § 1117(a).

       55.     As a result of Defendant’s dilution, DTAG has suffered damages in an amount to

be determined at trial.

       56.     As a result of Defendant’s dilution, DTAG has also suffered irreparable injury to

its business, reputation, and goodwill. DTAG will continue to suffer irreparable injury unless

Defendant’s misconduct is enjoined by the Court.

       57.     As a result of Defendant’s willful and reckless conduct, DTAG is entitled to

trebled damages, reasonable attorneys’ fees, and the costs of the action.

                               THIRD CLAIM FOR RELIEF
                      (False Designation of Origin [15 U.S.C. § 1125(a)])

       58.     DTAG re-alleges and incorporates by reference the allegations of Paragraphs 1

through 57 above.



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       59.      Based on its prior and continued use of the DTAG Marks in United States

commerce, DTAG has rights prior to the New TSI Logo and TSI Applications.

       60.      Defendant’s use of the New TSI Logo and TSI Applications in connection with

information technology and related products and services falsely suggests that these services are

connected with, sponsored by, affiliated with, or related to DTAG.

       61.      DTAG has not consented to Defendant’s use of the New TSI Logo and TSI

Applications.

       62.      Defendant’s use of the New TSI Logo and TSI Applications is likely to cause

confusion, mistake, or deception as to the affiliation, connection or association with Plaintiff.

       63.      Defendant’s unauthorized use of the New TSI Logo and TSI Applications

constitutes a false designation of origin in violation of 15 U.S.C. § 1125(a).

       64.      Defendant had actual knowledge of DTAG’s trademark rights prior to using, or

continuing to use, the New TSI Logo and TSI Applications.

       65.      The willful and intentional nature by Defendant—which had actual knowledge of

Plaintiff’s rights due to the parties’ prior Agreement—makes this trademark infringement an

exceptional case pursuant to 15 U.S.C. § 1117(a).

       66.      The reckless disregard of the most basic level of diligence by Defendant makes

this trademark infringement an exceptional case pursuant to 15 U.S.C. § 1117(a).

       67.      As a result of Defendant’s false designation of origin, DTAG has suffered

damages in an amount to be determined at trial.

       68.      As a result of Defendant’s false designation of origin, DTAG has also suffered

irreparable injury to its business, reputation, and goodwill. DTAG will continue to suffer

irreparable injury unless Defendant’s misconduct is enjoined by the Court.




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       69.      As a result of Defendant’s willful and reckless conduct, DTAG is entitled to

trebled damages, reasonable attorneys’ fees, and the costs of the action.

                               FOURTH CLAIM FOR RELIEF
                                   (Breach of Contract)

       70.      DTAG re-alleges and incorporates by reference the allegations of Paragraphs 1

through 69 above.

       71.      The Agreement between DTAG and Defendant is a valid, enforceable, written

contract, with definite and certain terms, under which DTAG has performed all of its required

obligations.

       72.      Defendant’s use of the New TSI Logo—which was never submitted to DTAG for

approval—is a direct violation of the Agreement requiring Defendant to only use the “T-

SYSTEM” logo contained in the Agreement or otherwise agreed upon by the parties.

       73.      Defendant’s TSI Applications are a direct violation of the Agreement prohibiting

the Defendant from applying to register any trademark containing the phrase T-SYSTEM in

block letter form and restricting the scope of claimed goods and services in Defendant’s

applications.

                              FIFTH CLAIM FOR RELIEF
    (Unfair Competition [Illinois Deceptive Trade Practices Act 815 ILCS 510 et seq.])

       74.      DTAG re-alleges and incorporates by reference the allegations of Paragraphs 1

through 73 above.

       75.      Based on its prior and continued use of the DTAG Marks in United States

commerce, DTAG has rights prior to the New TSI Logo and TSI Applications.

       76.      DTAG has not consented to Defendant’s use of the New TSI Logo and TSI

Applications.




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       77.      Defendant’s conduct, namely, its intentional unauthorized use of the DTAG

Marks in a manner that is likely to cause consumer confusion and/or false designation of origin,

constitutes unfair and/or deceptive practice under the Illinois Uniform Deceptive Trade Practices

Act 815 ILCS 510 et seq.

       78.      Defendant had actual knowledge of DTAG’s trademark rights prior to using, or

continuing to use, the New TSI Logo and TSI Applications, resulting in willful and intentional

conduct.

       79.      Defendant’s actions were unlawful, unfair and/or fraudulent.

       80.      As a result of Defendant’s unfair competition, DTAG has suffered damages in an

amount to be determined at trial.

       81.      As a result of Defendant’s unfair competition, DTAG has suffered irreparable

injury to its business, reputation, and goodwill. DTAG will continue to suffer irreparable injury

unless Defendant’s misconduct is enjoined by the Court.

       82.      As a result of Defendant’s willful and reckless conduct, DTAG is entitled to

reasonable attorneys’ fees and the costs of the action.

                                SIXTH CLAIM FOR RELIEF
                              (Common Law Unfair Competition)

       83.      DTAG re-alleges and incorporates by reference the allegations of Paragraphs 1

through 82 above.

       84.      Based on its prior and continued use of the DTAG Marks in United States

commerce, DTAG has rights prior to the New TSI Logo and TSI Applications.

       85.      DTAG has not consented to Defendant’s use of the New TSI Logo and TSI

Applications.




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         86.    Defendant’s use of the New TSI Logo and TSI Applications is being conducted

with the intent to deceive the public into believing Defendant’s services are affiliated with

DTAG. Defendant’s unauthorized use of the New TSI Logo and TSI Applications constitutes

passing off and unfair competition in violation of the common law of Illinois.

         87.    Defendant had actual knowledge of DTAG’s trademark rights prior to using, or

continuing to use the New TSI Logo and TSI Applications, resulting in willful and intentional

conduct.

         88.    As a result of Defendant’s common law unfair competition, DTAG has suffered

damages in an amount to be determined at trial.

         89.    As a result of Defendant’s common law unfair competition, DTAG has suffered

irreparable injury to its business, reputation, and goodwill. DTAG will continue to suffer

irreparable injury unless Defendant’s misconduct is enjoined by the Court.

         90.    As a result of Defendant’s willful and reckless conduct, DTAG is entitled to

reasonable attorneys’ fees and the costs of the action.

                                    PRAYER FOR RELIEF

         Wherefore, DTAG prays for relief as follows:

         1.     A judgment that Defendant has improperly infringed the DTAG Marks.

         2.     A judgment that Defendant has improperly diluted the DTAG Marks.

         3.     A judgment that Defendant has unfairly competed with DTAG and the DTAG

Marks.

         4.     A judgment that Defendant’s conduct was willful and intentional and amounts to

an exceptional case pursuant to 15 U.S.C. § 1117.

         5.     A judgment that Defendant breached the parties’ valid, enforceable, written

Trademark Use and Registration Agreement.


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       6.      An order enjoining Defendant, and all of its officers, directors, employees,

licensees, agents, and representatives, from: (1) using the DTAG Marks, the New TSI Logo, the

TSI Applications, or any other trademark that wholly incorporates or is confusingly similar to the

DTAG Marks; and (2) doing any act or thing likely to confuse or to deceive consumers into

believing that there is some connection between Defendant and DTAG;

       7.      An order requiring Defendant, pursuant to 15 U.S.C. § 1116(a), to file with this

Court and serve upon DTAG within thirty (30) days after entry of the injunction, a report in

writing under oath setting forth in detail the manner and form in which Defendant has complied

with the injunction and implemented adequate and effective means to discontinue services under

the DTAG Marks, the New TSI Logo, the TSI Applications, or any other trademark that wholly

incorporates or is confusingly similar to the DTAG Marks;

       8.      An order requiring Defendant, pursuant to 15 U.S.C. § 1118, to deliver up for

destruction all brochures, flyers, signs, stationary, insignia, premiums, marketing materials, and

advertisements, whether electronic, in hardcopy, or otherwise in Defendant’s possession or under

Defendant’s control bearing the DTAG Marks, the New TSI Logo, the TSI Applications, or any

other trademark that wholly incorporates or is confusingly similar to the DTAG Marks;

       9.      An order requiring Defendant to account for and disgorge to DTAG all of the

profits realized by Defendant, or others acting in concert or participating with Defendant,

resulting from Defendant’s acts of trademark infringement and false designation of origin

relating to Defendant’s use of the DTAG Marks, the New TSI Logo, the TSI Applications, or

any other trademark that wholly incorporates or is confusingly similar to the DTAG Marks;

       10.     An award to DTAG of compensatory damages, plus interest, in an amount to be

determined at trial;




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        11.    An award to DTAG of three times Defendant’s profits from its use of the DTAG

Marks, the New TSI Logo, the TSI Applications, or any other trademark that wholly incorporates

or is confusingly similar to the DTAG Marks, or three times DTAG’s damages, whichever is

greater;

        12.    An award to DTAG of the costs of the action plus interest pursuant to 15 U.S.C. §

1117(a) based on Defendant’s exceptional, willful, and intentional actions;

        13.    An award to DTAG of reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117(a)

and (b) based on Defendant’s exceptional, willful, and intentional actions;

        14.    An order permanently enjoining Defendant to perform its obligations under the

Trademark Use and Registration Agreement—including, but not limited to, abandonment of the

TSI Applications Serial Nos. 85/305,952, 85/149,368 and 85/298,588—and to immediately cease

breaching the agreement; and

        15.    Such other and further relief as the Court deems just and proper.


Dated: October 3, 2012                                 Respectfully submitted,


                                                 By:      /Michael D. Adams/        .
                                                       Michael D. Adams
                                                       Jason L. White
                                                       MAYER BROWN LLP
                                                       71 South Wacker Drive
                                                       Chicago, Illinois 60606-4637
                                                       (312) 782-0600

                                                       Attorneys for Plaintiff Deutsche Telekom AG




                                                17
703170169
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                EXHIBIT A
           Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 19 of 127 PageID #:19



                              Representative Sample of DTAG Marks

    Mark                     Image                   Registration    Registration        Class(es)
                                                         No.             Date
T System                    T-System                2448571         5-8-2001        9, 16, 36, 37, 38,
                                                                                    41, 42
T System                                            2460631         6-19-2001       9, 16, 36, 37, 38,
                                                                                    41, 42
T                                                   2472584         7-31-2001       9, 36, 37, 38, 41


T                                                   3538688         11-25-2008      42


T                                                   2508277         11-20-2001      9, 16, 25, 36, 38,
                                                                                    42




T                                                   3216527         3-6-2007        42




T Mobile                                            3076000         4-4-2006        42



T Mobile                                            2941016         4-19-2005       9, 16, 36, 37, 38,
                                                                                    41, 42

T Mobile                                            2284387         10-12-1999      9, 14, 16, 18, 25,
                                                                                    28, 36, 37, 38, 41,
                                                                                    42

T-Mobile                    T-Mobile                2282432         10-5-1999       9, 14, 16, 18, 25,
                                                                                    28, 36, 37, 38, 41,
                                                                                    42
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                 EXHIBIT B
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                 EXHIBIT C
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                EXHIBIT D
      Case: 1:12-cv-07932 Document #:
Trademark Electronic Search System (TESS) 1 Filed: 10/03/12 Page 34 of 127 PageID #:34 1 of 2
                                                                                   Page


           United States Patent and Trademark Office

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Word Mark         T SYSTEMDS
Goods and         IC 009. US 021 023 026 036 038. G & S: digital record keeping systems comprising digital pens
Services          coupled with computer software that provides web-based access to applications and online
                  services through a web operating system or portal interface for emergency rooms, urgent care
                  centers, and first response units
Standard
Characters
Claimed
Mark Drawing
                  (4) STANDARD CHARACTER MARK
Code
Serial Number     85149368
Filing Date       October 11, 2010
Current Basis     1B
Original Filing
                  1B
Basis
Published for
                  May 17, 2011
Opposition
Owner             (APPLICANT) T-SYSTEM, INC. CORPORATION TEXAS Suite 281 4020 McEwen Drive Dallas
                  TEXAS 75244
Attorney of
                  John M. Cone
Record
Prior
                  2207936;2552310;2569735
Registrations
Type of Mark      TRADEMARK
Register          PRINCIPAL
Live/Dead         LIVE



http://tess2.uspto.gov/bin/showfield?f=doc&state=4009:3shs9r.2.1                                      9/14/2012
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                                                                                   Page


Indicator




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                 EXHIBIT E
      Case: 1:12-cv-07932 Document #:
Trademark Electronic Search System (TESS) 1 Filed: 10/03/12 Page 37 of 127 PageID #:37 1 of 2
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Word Mark          THE T SYSTEM EV
Goods and          IC 009. US 021 023 026 036 038. G & S: computer programs for creating, maintaining and
Services           organizing emergency room medical records to be distributed exclusively to health care
                   providers. FIRST USE: 20001000. FIRST USE IN COMMERCE: 20001000
Standard
Characters
Claimed
Mark Drawing
                   (4) STANDARD CHARACTER MARK
Code
Serial Number      85298588
Filing Date        April 19, 2011
Current Basis      1A
Original Filing
                   1A
Basis
Published for
                   September 13, 2011
Opposition
Owner              (APPLICANT) T-SYSTEM, INC. CORPORATION TEXAS Suite 281 4020 McEwen Drive Dallas
                   TEXAS 752445091
Attorney of
                   John M. Cone
Record
Prior
                   2207936;2552310;2569735
Registrations
Disclaimer         NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SYSTEM" APART FROM THE
                   MARK AS SHOWN
Type of Mark       TRADEMARK
Register           PRINCIPAL



http://tess2.uspto.gov/bin/showfield?f=doc&state=4009:3shs9r.3.1                                     9/14/2012
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                                                                                   Page


Live/Dead
                 LIVE
Indicator




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                 EXHIBIT F
      Case: 1:12-cv-07932 Document #:
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Word Mark             T SYSTEMEV STAT
Goods and Services IC 009. US 021 023 026 036 038. G & S: computer software used to analyze medical
                      emergency department data for use by clinicians and hospital administration
Standard Characters
Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number         85305952
Filing Date           April 27, 2011
Current Basis         1B
Original Filing Basis 1B
Published for
                      September 13, 2011
Opposition
Owner                 (APPLICANT) T-SYSTEM, INC. CORPORATION TEXAS Suite 281 4020 McEwen Drive
                      Dallas TEXAS 75244
Attorney of Record John M. Cone
Prior Registrations 2207936;2552310;2569735
Disclaimer            NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "STAT" APART FROM THE
                      MARK AS SHOWN
Type of Mark          TRADEMARK
Register              PRINCIPAL
Live/Dead Indicator LIVE




http://tess2.uspto.gov/bin/showfield?f=doc&state=4009:3shs9r.4.1                              9/14/2012
      Case: 1:12-cv-07932 Document #:
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                EXHIBIT G
 Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 43 of 127 PageID #:43


                                             Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
                                                                   ESTTA Tracking number:           ESTTA430435
                                                                                 Filing date:         09/14/2011
                      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                  Deutsche Telekom AG
 Granted to Date       09/14/2011
 of previous
 extension
 Address               Friedrich-Ebert-Allee 140
                       Bonn, 53113
                       GERMANY

 Attorney              Michael D. Adams
 information           Mayer Brown LLP
                       P.O. Box 2828
                       Chicago, IL 60690-2828
                       UNITED STATES
                       ipdocket@mayerbrown.com

Applicant Information
 Application No        85149368                          Publication date          05/17/2011
 Opposition Filing     09/14/2011                        Opposition                09/14/2011
 Date                                                    Period Ends
 Applicant             T-SYSTEM, INC.
                       Suite 281 4020 McEwen Drive
                       Dallas, TX 75244
                       UNITED STATES

Goods/Services Affected by Opposition
 Class 009.
 All goods and services in the class are opposed, namely: digital record keeping systems comprising
 digital pens coupled with computer software that provides web-based access to applications and
 online services through a web operating system or portal interface for emergency rooms, urgent care
 centers, and first response units

Grounds for Opposition
 Priority and likelihood of confusion                    Trademark Act section 2(d)

Marks Cited by Opposer as Basis for Opposition
 U.S. Registration     2448571                           Application Date          04/23/1996
 No.
 Registration Date     05/08/2001                        Foreign Priority          NONE
                                                         Date
 Word Mark             T-SYSTEM
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 44 of 127 PageID #:44


Design Mark




Description of   NONE
Mark
Goods/Services   Class 009. First use:
                 electric, electronic, optical, measuring, signalling, controlling or teaching
                 apparatus and instruments, all for use with telecommunications, namely,
                 apparatus for producing sound, images or data, magnetic and optical data
                 carriers, data processors and computers, namely, microcomputers,
                 minicomputers, computer central processors, computer monitors, computer
                 keyboards, computer terminals, computer interface boards, computer memories,
                 computer laser printers, computer impact printers, computer dot matrix printers,
                 computer operating systems, computers and instructional manuals sold as a
                 unit, computer interface apparatus, namely, computer modems, computer
                 mouse and mouse pad, computer peripherals and parts thereof; computer
                 programs and data bases for use in operating telecommunications and business
                 management systems and related instruction manuals sold as a unit; optical
                 cables, optic filters, optical scanners, optical character readers, optical discs,
                 optical fibers, optical glass for signal transmission, optic transmitters, optic
                 receivers, optical signal processing apparatus, optic switches, optical networks
                 comprising communication transmission switching and reception apparatus,
                 optical attenuators, optical amplifiers, optical character recognition apparatus,
                 and parts thereof; audio, video and data communications systems, namely,
                 digital and analogue signal transmitters, receivers and converters, radio and
                 telephone transmitters, receivers and servers, stationary, wireless and cellular
                 telephone systems and answering machines, telecommunication transmission,
                 receiving and storage apparatus, telecommunications transmitting sets, data
                 transmitters, facsimile machines, electronic mail apparatus for electronic
                 exchange of data images and messages, remote controls and set-top units,
                 cinematographic television and amusement equipment, namely, signal decoders
                 and interactive audio and video equipment to facilitate interaction between
                 consumers and providers of goods and services; electrical wire, electrical wire
                 connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                 printed circuit boards, electric circuit boards, circuit connectors, electrical
                 controllers, electrical converters, electrical fuses, electric luminescent display
                 panels, electrical switch plates, electric plugs, antennas, electrical cables,
                 computer cables, computer chips, silicon chips, chronographs for use as
                 specialized time recording apparatus, electric coils, computer buffers, blank
                 computer discs, blank computer floppy disks, computer hard discs, electrical
                 conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                 thereof; compact disc players, audio and video tape recorders, audio and video
                 tape players, audio and video cassette recorders, audio and video cassette
                 players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                 video tapes, cassettes, discs and microfiche featuring information concerning
                 telecommunications, personal and business management systems; video
                 monitors, automatic vending machines and timing mechanisms therefor, and
                 parts thereof; data processors and readers, word processors, magnetic coded
                 card readers, magnetic cards, electronic encryption units, lasers, light emitting
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                diodes, light emitting diode displays, microprocessors, blank magnetic data
                carriers, demagnetizers for magnetic tapes, and parts thereof; communications
                and video transmission switching and reception apparatus; computer, data and
                video networking and conferencing equipment, namely, teleconferencing
                equipment, audiovisual teaching equipment, overhead film, photographic and
                slide projectors, projection screens, computer based information display
                equipment, namely, computers which display information on an overhead
                screen, intercoms; telephones, telephone answering machines, telephone
                transmitters, telephone networks, telephone wires, teleprinters, teletypewriters,
                and parts thereof, namely, caller identification boxes, radio telephone equipment
                and accessories, namely, call boxes and systems, dialing assembiles, telephone
                units, audio operated relays, signalling devices, receiving devices, termination
                equipment, filters, protectors and automatic signalling and control equipment,
                telemeters, wireless and cellular telephones, pagers, paging equipment,
                portable computer devices, facsimile transmitters and receivers, wireless fax
                machines, personal communications equipment, namely, Personal Digital
                Assistants (PDA), calculators and related peripherals; satellite processors,
                satellites and satellite communication earth stations both stationary and
                moveable, prerecorded compact discs, audio cassette tapes, video cassette
                tapes, digital audio tapes and digital video discs featuring musical, variety, news
                and comedy shows; and computer game programs for children and adults
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 036. First use:
                financing services; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management
                Class 037. First use:
                custom construction and building renovation; construction planning, construction
                supervision; maintenance and repair of telecommunications networks, apparatus
                and instruments; installation of telecommunications networks, apparatus and
                instruments; installation, maintenance and repair of computer networks and
                computer hardware
                Class 038. First use:
                telecommunication services, namely, electronic mail services; audio and video
                teleconferencing; electronic, electric and digital transmission of voice, data,
                information, images, signals and messages; rental of apparatus for
                telecommunications, namely, rental of electronic access, transmission, receiver,
                recording and monitoring equipment comprised of telecommunications hardware
                and software including components and peripherals thereof for use in the
                telecommunications industry; audio and video broadcasting featuring
                entertainment in the nature of visual and audio performances, and musical,
                variety, news and comedy shows
                Class 041. First use:
                education in the nature of classes and seminars in the fields of business,
                telecommunications and computers, and the distribution of course materials
                therewith; entertainment in the nature of visual and audio performances, namely,
                musical band, rock group, gymnastic, dance, and ballet performances;
                entertainment services, namely, providing musical, variety, news and comedy
                shows via a global computer information network; entertainment services,
                namely, providing on-line computer games for children and adults; organization
                of community sporting and cultural events; publication of books, magazines,
                journals, manuals, brochures, and leaflets
                Class 042. First use:
                computer programming for others; leasing access time to a computer data base
                in the field of telecommunications; rental of data processing equipment; rental of
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                    computer hardware and software; design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software

U.S. Registration   2460631                          Application Date       04/23/1996
No.
Registration Date   06/19/2001                       Foreign Priority       NONE
                                                     Date
Word Mark           T SYSTEM
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    electric, electronic, optical, measuring, signalling, controlling or teaching
                    apparatus and instruments, all for use with telecommunications, namely,
                    apparatus for producing sound, images or data, [magnetic and optical data
                    carriers, data processors and computers, namely, microcomputers,
                    minicomputers, computer central processors, computer monitors, computer
                    keyboards, computer terminals, computer interface boards, computer memories,
                    computer laser printers, computer impact printers, computer dot matrix printers,
                    computer operating systems, computers and instructional manuals sold as a
                    unit, computer interface apparatus, namely, computer modems, computer
                    mouse and mouse pad, computer peripherals and parts thereof; ]computer
                    programs and data bases for use in operating telecommunications and business
                    management systems and related instruction manuals sold as a unit; [optical
                    cables, optic filters, optical scanners, optical character readers, optical discs,
                    optical fibers, optical glass for signal transmission, optic transmitters, optic
                    receivers, optical signal processing apparatus, optic switches, optical networks
                    comprising communication transmission switching and reception apparatus,
                    optical attenuators, optical amplifiers, optical character recognition apparatus,
                    and parts thereof;] audio, video and data communications systems, namely,
                    digital and analogue signal transmitters, receivers and converters, radio and
                    telephone transmitters, receivers and servers, stationary, wireless and cellular
                    telephone systems [and answering machines, ]telecommunication transmission,
                    receiving and storage apparatus, telecommunications transmitting sets, data
                    transmitters,[ facsimile machines] electronic mail apparatus for electronic
                    exchange of data images and messages,[ remote controls and set-top units,]
                    cinematographic television and amusement equipment, namely, signal decoders
                    and interactive audio and video equipment to facilitate interaction between
                    consumers and providers of goods and services; [electrical wire, electrical wire
                    connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                    printed circuit boards, electric circuit boards, circuit connectors, electrical
                    controllers, electrical converters, electrical fuses, electric luminescent display
                    panels, electrical switch plates, electric plugs, antennas, electrical cables,
                    computer cables, computer chips, silicon chips, chronographs for use as
                    specialized time recording apparatus, electric coils, computer buffers, blank
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 47 of 127 PageID #:47


                computer discs, blank computer floppy disks, computer hard discs, electrical
                conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                thereof; compact disc players, audio and video tape recorders, audio and video
                tape players, audio and video cassette recorders, audio and video cassette
                players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                video tapes, cassettes, discs and microfiche featuring information concerning
                telecommunications, personal and business management systems; video
                monitors, automatic vending machines and timing mechanisms therefor, and
                parts thereof; data processors and readers, word processors, magnetic coded
                card readers, magnetic cards, electronic encryption units, lasers, light emitting
                diodes, light emitting diode displays, microprocessors, blank magnetic data
                carriers, demagnetizers for magnetic tapes, and parts thereof;] communications
                and video transmission switching and reception apparatus; computer, data and
                video networking and conferencing equipment, namely, teleconferencing
                equipment, [audiovisual teaching equipment, overhead film, photographic and
                slide projectors, projection screens, computer based information display
                equipment, namely, computers which display information on an overhead
                screen, intercoms;] telephones,[ telephone answering machines,] telephone
                transmitters, telephone networks,[ telephone wires, teleprinters, teletypewriters,]
                and parts thereof, namely, [caller identification boxes,] radio telephone
                equipment and accessories, namely, [call boxes and systems, dialing
                assemblies, telephone units,] audio operated relays, signalling devices,
                receiving devices, termination equipment, filters, protectors and automatic
                signalling and control equipment, telemeters, wireless and cellular telephones,
                pagers, paging equipment, portable computer devices, [facsimile transmitters
                and receivers, wireless fax machines, personal communications equipment,
                namely, Personal Digital Assistants (PDA), calculators and related peripherals;]
                satellite processors, satellites and satellite communication earth stations both
                stationary and moveable,[ prerecorded compact discs, audio cassette tapes,
                video cassette tapes, digital audio tapes and digital video discs featuring
                musical, variety, news and comedy shows; and computer game programs for
                children and adults]
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications [; printed
                instructional and teaching material on telecommunications; stationery]
                Class 036. First use:
                financing services[; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management]
                Class 037. First use:
                [custom construction and building renovation; construction planning,
                construction supervision;] maintenance and repair of telecommunications
                networks, apparatus and instruments; installation of telecommunications
                networks, apparatus and instruments; installation, maintenance and repair of
                computer networks and computer hardware
                Class 038. First use:
                telecommunication services, namely, electronic mail services; audio and video
                teleconferencing; electronic, electric and digital transmission of voice, data,
                information, images, signals and messages [; rental of apparatus for
                telecommunications, namely, rental of electronic access, transmission, receiver,
                recording and monitoring equipment comprised of telecommunications hardware
                and software including components and peripherals thereof for use in the
                telecommunications industry; audio and video broadcasting featuring
                entertainment in the nature of visual and audio performances, and musical,
                variety, news and comedy shows]
                Class 041. First use:
                [education in the nature of classes and seminars in the fields of business,
                telecommunications and computers, and the distribution of course materials
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 48 of 127 PageID #:48


                    therewith;] entertainment in the nature of visual and audio performances,
                    namely, musical band, rock group, gymnastic, dance, and ballet performances;
                    entertainment services, namely, providing musical, variety, news and comedy
                    shows via a global computer information network; entertainment services,
                    namely, providing on-line computer games for children and adults;[ organization
                    of community sporting and cultural events; publication of books, magazines,
                    journals, manuals, brochures, and leaflets]
                    Class 042. First use:
                    computer programming for others; [leasing access time to a computer data base
                    in the field of telecommunications; rental of data processing equipment; rental of
                    computer hardware and software;] design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software

U.S. Registration   2472584                          Application Date       08/24/1995
No.
Registration Date   07/31/2001                       Foreign Priority       NONE
                                                     Date
Word Mark           T
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    [ electric, electronic, optical, measuring, signalling, controlling or teaching
                    apparatus and instruments, all for use with telecommunications, namely,
                    apparatus for producing sound, images or data, magnetic and optical data
                    carriers, data processors and computers, namely, microcomputers,
                    minicomputers, computer central processors, computer monitors, computer
                    keyboards, computer terminals, computer interface boards, computer memories,
                    computer laser printers, computer impact printers, computer dot matrix printers,
                    computer operating systems, computers and instructional manuals sold as a
                    unit, computer interface apparatus, namely, computer modems, computer
                    mouse and mouse pad, computer peripherals and parts thereof; ] computer
                    programs and data bases for use in operating telecommunications; [ and
                    business management systems and related instruction manuals sold as a unit;
                    optical cables, optic filters, optical scanners, optical character readers, optical
                    discs, optical fibers, optical glass for signal transmission, optic transmitters, optic
                    receivers, optical signal processing apparatus, optic switches, optical networks
                    comprising communication transmission switching and reception apparatus,
                    optical attenuators, optical amplifiers, optical character recognition apparatus,
                    and parts thereof; ] audio, video and data communications systems, namely,
                    digital and analogue signal transmitters, receivers and converters, radio and
                    telephone transmitters, receivers and servers, stationary, wireless and cellular
                    telephone systems, [ and answering machines, ] telecommunication
                    transmission, receiving and storage apparatus, telecommunications transmitting
                    sets, data transmitters, [ facsimile machines, ] electronic mail apparatus for
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 49 of 127 PageID #:49


                electronic exchange of data images and messages, [ remote controls and set-
                top units, cinematographic television and amusement equipment, namely, signal
                decoders and interactive audio and video equipment to facilitate interaction
                between consumers and providers of goods and services; electrical wire,
                electrical wire connectors, integrated circuits, printed circuits, electric circuits,
                circuit breakers, printed circuit boards, electric circuit boards, circuit connectors,
                electrical controllers, electrical converters, electrical fuses, electric luminescent
                display panels, electrical switch plates, electric plugs, antennas, electrical
                cables, computer cables, computer chips, silicon chips, chronographs for use as
                specialized time recording apparatus, electric coils, computer buffers, blank
                computer discs, blank computer floppy disks, computer hard discs, electrical
                conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                thereof; compact disc players, audio and video tape recorders, audio and video
                tape players, audio and video cassette recorders, audio and video cassette
                players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                video tapes, cassettes, discs and microfiche featuring information concerning
                telecommunications, personal and business management systems; video
                monitors, automatic vending machines and timing mechanisms therefor, and
                parts thereof; data processors and readers, word processors, magnetic coded
                card readers, magnetic cards, electronic encryption units, lasers, light emitting
                diodes, light emitting diode displays, microprocessors, blank magnetic data
                carriers, demagnitizers for magnetic tapes, and parts thereof; communications
                and video transmission switching and reception apparatus; computer, data and
                video networking and conferencing equipment, namely, teleconferencing
                equipment, audiovisual teaching equipment, overhead film, photographic and
                slide projectors, projection screens, computer based information display
                equipment, namely, computers which display information on an overhead
                screen, intercoms;] telephones, [ telephone answering machines, ] telephone
                transmitters, * AND * telephone networks; [ telephone wires, teleprinters,
                teletypewriters, and parts thereof, namely, caller identification boxes, radio
                telephone equipment and accessories, namely, call boxes and systems, dialing
                assemblies, telephone units, audio operated relays, signalling devices, receiving
                devices, termination equipment, filters, protectors and automatic signalling and
                control equipment, telemeters, ] wireless and cellular telephones, pagers, paging
                equipment, portable computer devices, [ facsimile transmitters and receivers,
                wireless fax machines, ] personal communications equipment, namely, Personal
                Digital Assistants (PDA), [ calculators ] and related peripherals; [ satellite
                processors, satellites and satellite communication earth stations both stationary
                and moveable; baseball batting helmets; prerecorded compact discs, audio
                cassette tapes, video cassette tapes, digital audio tapes and digital video discs
                featuring musical, variety, news and comedy shows; and ] computer game
                programs for children and adults
                Class 014. First use:
                [ jewelry, horological instruments, namely, clocks and watches; chronometers
                and chronographs ]
                Class 016. First use:
                [ printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery ]
                Class 018. First use:
                [ umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, or pocket calculators, purses, writing cases, namely, briefcase type
                portfolios, suitcases, travelling bags, and briefcases; trunks for travel and travel
                bags ]
                Class 025. First use:
                [ clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts,
                headwear, footwear ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 50 of 127 PageID #:50


                    Class 028. First use:
                    [ video and computer game cartridges; board games, parlor games, card games,
                    toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                    toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                    namely, cycling equipment and accessories, namely, stationary cycles, football
                    equipment and accessories, namely, footballs, football shoulder pads, football
                    girdles, football protectors, football knee, elbow, chest and leg pads, soccer
                    equipment and accessories, namely, soccer balls, soccer ball goal nets, soccer
                    ball knee pads, baseball equipment and accessories, namely, baseballs,
                    baseball bats, baseball bases, baseball mitts, baseball gloves, baseball bats,
                    basket ball equipment and accessories, namely, basket balls, basket ball goals,
                    basket ball nets, and all parts related thereto ]
                    Class 036. First use:
                    financing services *, namely, FINANCING OF WIRELESS
                    TELECOMMUNICATION SERVICE PLANS AND PREPAID WIRELESS
                    TELECOMMUNICATIONS SERVICE PLANS * [ ; real estate brokerage; real
                    estate appraisal, real estate investment; real estate listing; real estate
                    management ]
                    Class 037. First use:
                    [ custom construction and building renovation; construction planning,
                    construction supervision;] maintenance and repair of telecommunications
                    networks, apparatus and instruments; installation of telecommunications
                    networks, apparatus and instruments; [ installation, maintenance and repair of
                    computer networks and computer hardware ]
                    Class 038. First use:
                    telecommunication services, namely, electronic mail services; [ audio and video
                    teleconferencing; ] electronic, electric and digital transmission of voice, data,
                    information, images, signals and messages; [ rental of apparatus for
                    telecommunications, namely, rental of electronic access, transmission, receiver,
                    recording and monitoring equipment comprised of telecommunications hardware
                    and software including components and peripherals thereof for use in the
                    telecommunications industry; ] audio [ and video ] broadcasting featuring
                    entertainment in the nature of [ visual ] * music * and audio performances [, and
                    musical, variety, news and comedy shows ]
                    Class 041. First use:
                    [ education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; entertainment in the nature of visual and audio performances, namely,
                    musical band, rock group, gymnastic, dance, and ballet performances; ]
                    entertainment services, namely, providing * music * [ musical, variety, news and
                    comedy shows ] via a global computer information network; entertainment
                    services, namely, providing on-line computer games for children and adults [ ;
                    organization of community sporting and cultural events; publication of books,
                    magazines, journals, manuals, brochures, and leaflets ]
                    Class 042. First use:
                    [ computer programming for others; leasing access time to a computer data
                    base in the field of telecommunications; rental of data processing equipment;
                    rental of computer hardware and software; design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software ]

U.S. Registration   3538688                        Application Date     08/16/2005
No.
Registration Date   11/25/2008                     Foreign Priority     02/17/2005
                                                   Date
Word Mark           T
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 51 of 127 PageID #:51


Design Mark




Description of      NONE
Mark
Goods/Services      Class 042. First use: First Use: 2002/06/00 First Use In Commerce: 2002/06/00
                    Computer programming services for others; application service provider,
                    namely, hosting computer software applications for others, hosting of digital
                    content on the Internet; hosting the websites of others on a computer server for
                    a global computer network; computer services, namely, creating indexes of
                    information available on computer networks; providing information via the
                    telephone and the global communication networks in the field of information
                    technology; installation, maintenance and repair of computer software; providing
                    information at the specific request of end-users by means of telephone or global
                    communications networks; providing temporary use of online non-downloadable
                    telecommunications software for providing multiple user access to the global
                    computer network

U.S. Registration   2508277                        Application Date     08/24/1995
No.
Registration Date   11/20/2001                     Foreign Priority     NONE
                                                   Date
Word Mark           T
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    electric, electronic, [optical, measuring, signalling, controlling or teaching]
                    apparatus and instruments , all for use with telecommunications, namely,
                    apparatus for producing sound, images or data, [magnetic and optical data
                    carriers, data processors and computers, namely, microcomputers,
                    minicomputers, computer central processors, computer monitors, computer
                    keyboards, computer terminals, computer interface boards, computer memories,
                    computer laser printers, computer impact printers, computer dot matrix printers,
                    computer operating systems, computers and instructional manuals sold as a
                    unit, computer interface apparatus, namely, computer modems, computer
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 52 of 127 PageID #:52


                mouse and mouse pad, computer peripherals and parts thereof; computer
                programs and data bases for use in operating telecommunications and business
                management systems and related instruction manuals sold as a unit; optical
                cables, optic filters, optical scanners, optical character readers, optical discs,
                optical fibers, optical glass for signal transmission, optic transmitters, optic
                receivers, optical signal processing apparatus, optic switches, optical networks
                comprising communication transmission switching and reception apparatus,
                optical attenuators, optical amplifiers, optical character recognition apparatus,
                and parts thereof; ] audio, video and data communications systems, namely,
                [digital and analogue signal transmitters, receivers and converters, radio and
                telephone transmitters, receivers and servers, stationary,] wireless and cellular
                telephone systems [ and answering machines, ] telecommunication
                transmission,[ receiving and storage apparatus,] telecommunications
                transmitting sets, [ data transmitters, facsimile machines, ] electronic mail
                apparatus for electronic exchange of data images and messages, [remote
                controls and set-top units, cinematographic television and amusement
                equipment, namely, signal decoders and interactive audio and video equipment
                to facilitate interaction between consumers and providers of goods and services;
                electrical wire, electrical wire connectors, integrated circuits, printed circuits,
                electric circuits, circuit breakers, printed circuit boards, electric circuit boards,
                circuit connectors, electrical controllers, electrical converters, electrical fuses,
                electric luminescent display panels, electrical switch plates, electric plugs,
                antennas, electrical cables, computer cables, computer chips, silicon chips,
                chronographs for use as specialized time recording apparatus, electric coils,
                computer buffers, blank computer discs, blank computer floppy disks, computer
                hard discs, electrical conductors, acoustic conduits, electrical conduits, fiber
                optic conduits and parts thereof; compact disc players, audio and video tape
                recorders, audio and video tape players, audio and video cassette recorders,
                audio and video cassette players, blank audio and video tapes, cassettes, discs
                and microfiche; audio and video tapes, cassettes, discs and microfiche featuring
                information concerning telecommunications, personal and business
                management systems; video monitors, automatic vending machines and timing
                mechanisms therefor, and parts thereof; data processors and readers, word
                processors, magnetic coded card readers, magnetic cards, electronic encryption
                units, lasers, light emitting diodes, light emitting diode displays,
                microprocessors, blank magnetic data carriers, demagnitizers for magnetic
                tapes, and parts thereof; communications and video transmission switching and
                reception apparatus; computer, data and video networking and conferencing
                equipment, namely, teleconferencing equipment, audiovisual teaching
                equipment, overhead film, photographic and slide projectors, projection screens,
                computer based information display equipment, namely, computers which
                display information on an overhead screen, intercoms; telephones, telephone
                answering machines, telephone transmitters, telephone networks, telephone
                wires, teleprinters, teletypewriters, and parts thereof, namely, caller identification
                boxes,] radio telephone equipment and accessories, namely, [ call boxes and
                systems, dialing assemblies,] telephone units, [audio operated relays, signalling
                devices, receiving devices, termination equipment, filters, protectors and
                automatic signalling and control equipment, telemeters,] wireless and cellular
                telephones[ , pagers, paging equipment,] portable computer devices, [ facsimile
                transmitters and receivers, wireless fax machines, personal communications
                equipment, namely, Personal Digital Assistants (PDA), calculators and related
                peripherals; satellite processors, satellites and satellite communication earth
                stations both stationary and moveable; baseball batting helmets; prerecorded
                compact discs, audio cassette tapes, video cassette tapes, digital audio tapes
                and digital video discs featuring musical, variety, news and comedy shows;] and
                computer game programs for children and adults
                Class 014. First use:
                [ jewelry, horological instruments, namely, clocks and watches; chronometers
                and chronographs ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 53 of 127 PageID #:53


                Class 016. First use:
                [ printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications;] stationery
                Class 018. First use:
                [ umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, or pocket calculators, purses, writing cases, namely, briefcase type
                portfolios, suitcases,] travelling bags, and briefcases [; trunks for travel and
                travel bags ]
                Class 025. First use:
                clothing, namely, shirts, [ dresses, pants,] jackets, coats, T-shirts, [ shorts,
                headwear footwear ]
                Class 028. First use:
                [ video and computer game cartridges; board games, parlor games, card games,
                toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                namely, cycling equipment and accessories, namely, stationary cycles, football
                equipment and accessories, namely, footballs, football shoulder pads, football
                girdles, football protectors, football knee, elbow, chest and leg pads, soccer
                equipment and accessories, namely, soccer balls, soccer ball goal nets, soccer
                ball knee pads, baseball equipment and accessories, namely, baseballs,
                baseball bats, baseball bases, baseball mitts, baseball gloves, baseball bats,
                basket ball equipment and accessories, namely, basket balls, basket ball goals,
                basket ball nets, and all parts related thereto ]
                Class 036. First use:
                financing services [ ; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management ]
                Class 037. First use:
                [ custom construction and building renovation; construction planning,
                construction supervision; maintenance and repair of telecommunications
                networks, apparatus and instruments; installation of telecommunications
                networks, apparatus and instruments; installation, maintenance and repair of
                comuter networks and computer hardware ]
                Class 038. First use:
                telecommunication services, namely, electronic mail services; [audio and video
                teleconferencing;] electronic, electric and digital transmission of voice, data,
                information, images, signals and messages [; rental of apparatus for
                telecommunications, namely, rental of electronic access, transmission, receiver,
                recording and monitoring equipment comprised of telecommunications hardware
                and software including components and peripherals thereof for use in the
                telecommunications industry; audio and video broadcasting featuring
                entertainment in the nature of visual and audio performances, and musical,
                variety, news and comedy shows ]
                Class 041. First use:
                [ education in the nature of classes and seminars in the fields of business,
                telecommunications and computers, and the distribution of course materials
                therewith; entertainment in the nature of visual and audio performances, namely,
                musical band, rock group, gymnastic, dance, and ballet performances;
                entertainment services, namely, providing musical, variety, news and comedy
                shows via a global computer information network; entertainment services,
                namely, providing on-line computer games for children and adults; organization
                of community sporting and cultural events; publication of books, magazines,
                journals, manuals, brochures, and leaflets ]
                Class 042. First use:
                computer programming for others; [ leasing access time to a computer data
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 54 of 127 PageID #:54


                    base in the field of telecommunications; rental of data processing equipment;
                    rental of computer hardware and software; design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software ]

U.S. Registration   3216527                        Application Date     08/16/2005
No.
Registration Date   03/06/2007                     Foreign Priority     NONE
                                                   Date
Word Mark           T
Design Mark




Description of      NONE
Mark
Goods/Services      Class 042. First use: First Use: 2006/01/01 First Use In Commerce: 2006/01/01
                    Computer programming services for others; rental of computer software and
                    hardware for online access; data encryption services; application service
                    provider, namely, hosting computer software applications for others, hosting of
                    digital content on the internet; hosting the websites of others on a computer
                    server for a global computer network; computer services, namely, creating
                    indexes of information available on computer networks; providing information via
                    the telephone and the global communication networks in the field of information
                    technology; consulting services in the field of design, selection, implementation
                    and use of computer hardware and software systems for others; installation,
                    maintenance and repair of computer software; technical project planning
                    services related to telecommunications equipment; providing information at the
                    specific request of end-users by means of telephone or global communications
                    networks; providing temporary use of online non-downloadable
                    telecommunications software for providing multiple user access to the global
                    computer network

U.S. Registration   3076000                        Application Date     10/15/2004
No.
Registration Date   04/04/2006                     Foreign Priority     NONE
                                                   Date
Word Mark           T MOBILE
Design Mark




Description of      NONE
Mark
Goods/Services      Class 042. First use:
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 55 of 127 PageID #:55


                    Application service provider, namely, hosting computer software applications for
                    others, hosting of digital content on the internet; hosting the websites of others
                    on a computer server for a global computer network, all for advertising purposes

U.S. Registration   2941016                          Application Date       04/23/1996
No.
Registration Date   04/19/2005                       Foreign Priority       NONE
                                                     Date
Word Mark           T MOBILE
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    Electric, electronic, optical, measuring, signalling, controlling or teaching
                    apparatus and instruments, all for use with telecommunications, namely,
                    apparatus for producing sound, images or data, magnetic and optical data
                    carriers, data processors and computers, namely, microcomputers,
                    minicomputers, computer central processors, computer monitors, computer
                    keyboards, computer terminals, computer interface boards, computer memories,
                    computer laser printers, computer impact printers, computer dot matrix printers,
                    computer operating systems, computers and instructional manuals sold as a
                    unit, computer interface apparatus, namely, computer modems, computer
                    mouse and mouse pad, computer peripherals and parts thereof; computer
                    programs and data bases for use in operating telecommunications and business
                    management systems and related instruction manuals sold as a unit; optical
                    cables, optic filters, optical scanners, optical character readers, optical discs,
                    optical fibers, optical glass for signal transmission, optic transmitters, optic
                    receivers, optical signal processing apparatus, optic switches, optical networks
                    comprising communication transmission switching and reception apparatus,
                    optical attenuators, optical amplifiers, optical character recognition apparatus,
                    and parts thereof; audio, video and data communications systems, namely,
                    digital and analogue signal transmitters, receivers and converters, radio and
                    telephone transmitters, receivers and servers, stationary, wireless and cellular
                    telephone systems and answering machines, telecommunication transmission,
                    receiving and storage apparatus, telecommunications transmitting sets, data
                    transmitters, facsimile machines, electronic mail apparatus for electronic
                    exchange of data images and messages, remote controls and set-top units,
                    cinematographic television and amusement equipment, namely, signal decoders
                    and interactive audio and video equipment to facilitate interaction between
                    consumers and providers of goods and services; electrical wire, electrical wire
                    connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                    printed circuit boards, electric circuit boards, circuit connectors, electrical
                    controllers, electrical converters, electrical fuses, electric luminescent display
                    panels, electrical switch plates, electric plugs, antennas, electrical cables,
                    computer cables, computer chips, silicon chips, chronographs for use as
                    specialized time recording apparatus, electric coils, computer buffers, blank
                    computer discs, blank computer floppy disks, computer hard discs, electrical
                    conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                    thereof; compact disc players, audio and video tape recorders, audio and video
                    tape players, audio and video cassette recorders, audio and video cassette
                    players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                    video tapes, cassettes, discs and microfiche featuring information concerning
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 56 of 127 PageID #:56


                telecommunications, personal and business management systems; video
                monitors, automatic vending machines and timing mechanisms therefor, and
                parts thereof; data processors and readers, word processors, magnetic coded
                card readers, magnetic cards, electronic encryption units, lasers, light emitting
                diodes, light emitting diode displays, microprocessors, blank magnetic data
                carriers, demagnetizers for magnetic tapes, and parts thereof; communications
                and video transmission switching and reception apparatus; computer, data and
                video networking and conferencing equipment, namely, teleconferencing
                equipment, audiovisual teaching equipment, overhead film, photographic and
                slide projectors, projection screens, computer based information display
                equipment, namely, computers which display information on an overhead
                screen, intercoms; telephones, telephone answering machines, telephone
                transmitters, telephone networks, telephone wires, teleprinters, teletypewriters,
                and parts thereof, namely, caller identification boxes, radio telephone equipment
                and accessories, namely, call boxes and systems, dialing assemblies, telephone
                units, audio operated relays, signalling devices, receiving devices, termination
                equipment, filters, protectors and automatic signalling and control equipment,
                telemeters, wireless and cellular telephones, pagers, paging equipment,
                portable computer devices, facsimile transmitters and receivers, wireless fax
                machines, personal communications equipment, namely, Personal Digital
                Assistants (PDA), calculators and related peripherals; satellite processors,
                satellites and satellite communication earth stations both stationary and
                moveable; prerecorded compact discs, audio cassette tapes, video cassette
                tapes, digital audio tapes and digital video discs featuring musical, variety, news
                and comedy shows; and computer game programs for children and adults
                Class 016. First use:
                Printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 036. First use:
                Financing services; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management
                Class 037. First use:
                Custom construction and building renovation; construction planning,
                construction supervision; maintenance and repair of telecommunications
                networks, apparatus and instruments; installation of telecommunications
                networks, apparatus and instruments; installation, maintenance and repair of
                computer networks and computer hardware
                Class 038. First use:
                Telecommunication services, namely, electronic mail services; audio and video
                teleconferencing; electronic, electric and digital transmission of voice, data,
                information, images, signals and messages; rental of apparatus for
                telecommunications, namely, rental of electronic access, transmission, receiver,
                recording and monitoring equipment comprised of telecommunications hardware
                and software including components and peripherals thereof for use in the
                telecommunications industry; audio and video broadcasting featuring
                entertainment in the nature of visual and audio performances, and musical,
                variety, news and comedy shows
                Class 041. First use:
                Education in the nature of classes and seminars in the fields of business,
                telecommunications and computers, and the distribution of course materials
                therewith; entertainment in the nature of visual and audio performances, namely,
                musical band, rock group, gymnastic, dance, and ballet performances;
                entertainment services, namely, providing musical, variety, news and comedy
                shows via a global computer information network; entertainment services,
                namely, providing on-line computer games for children and adults; organization
                of community sporting and cultural events; publication of books, magazines,
                journals, manuals, brochures, and leaflets
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 57 of 127 PageID #:57


                    Class 042. First use:
                    Computer programming for others; leasing access time to a computer data base
                    in the field of telecommunications; rental of data processing equipment; rental of
                    computer hardware and software; design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software

U.S. Registration   2284387                         Application Date     02/27/1997
No.
Registration Date   10/12/1999                      Foreign Priority     NONE
                                                    Date
Word Mark           T-MOBILE
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    Telecommunications equipment, namely, computer programs for operating
                    telecommunications systems, computer programs for providing multiple-user
                    access to the global communications network for the transfer and dissemination
                    of a wide range of information, magnetic, electric and optical networks
                    comprising of data transmitters consisting of digital and instruments that convert
                    user information into data signals for transmission or reconvert the received data
                    signals into user information and equipment that transfers data between data
                    terminals, storage apparatus, signaling devices, namely, equipment that
                    generates, transfers and receives information over a communications network
                    by electrical or optical means, termination equipment, namely, components that
                    connect an appropriate bridge, normally of the characteristic impedance, across
                    a circuit to provide stability; word processors, computers, namely,
                    microcomputers, minicomputers, computer central processors, microprocessors,
                    computer monitors, computer keyboards, computer terminals, computer
                    interface boards, computer laser printers, computer impact printers, computer
                    dot matrix printers, computer operating systems, computers and instructional
                    manuals sold as a unit, computer interface apparatus, namely, computer
                    modems, computer mouse and mouse pad, computer peripherals and parts
                    thereof; computer programs for use in operating business management systems
                    and related instruction manuals sold as a unit; audio, video and data
                    communications equipment, namely, digital and analogue signal transmitters,
                    receivers and converters, radio and telephone transmitters, receivers and
                    servers, electronic mail hardware and software for electronic exchange of data
                    images and messages, remote controls and set-top units for televisions,
                    cinematographic television and amusement equipment, namely, signal decoders
                    and interactive audio and video conferencing equipment to facilitate interaction
                    between consumers and providers of goods and services; chronographs for use
                    as specialized time recording apparatus, blank computer discs, blank computer
                    floppy disks, blank computer hard discs; compact disc players, audio and video
                    tape recorders, audio and video tape players, audio and video cassette
                    recorders, audio and video cassette players, blank audio and video tapes,
                    cassettes, discs and microfiche; audio and video tapes, cassettes, discs and
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 58 of 127 PageID #:58


                microfiche featuring information concerning telecommunications; video monitors,
                automatic vending machines and timing mechanisms therefor, and parts thereof;
                magnetic coded card readers, magnetic cards, blank magnetic data carriers,
                demagnitizers for magnetic tapes, and parts thereof; computer, data and video
                networking and conferencing equipment, namely, teleconferencing equipment,
                audiovisual teaching equipment, namely, overhead film, photographic and slide
                projectors, projection screens, computers that display information on an
                overhead screen, intercoms; telephones, telephone answering machines,
                teleprinters, teletypewriters, caller identification boxes, radio operated telephone
                equipment, audio operated relays, wireless and cellular telephones and
                answering machines, pagers, portable computers, facsimile machines, wireless
                fax machines, personal communications equipment, namely, personal digital
                assistants (PDA), calculators and related peripherals, namely, cases for carrying
                pocket calculators, satellites and satellite communication earth stations both
                stationary and moveable; prerecorded compact discs, audio cassette tapes,
                video cassette tapes, digital audio tapes and digital video discs featuring
                musical, variety, news and comedy shows; and computer game programs for
                children and adults
                Class 014. First use:
                jewelry, horological instruments, namely, clocks and watches; chronometers and
                chronographs
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 018. First use:
                Umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, purses, writing cases, namely, briefcase type portfolios, suitcases,
                traveling bags, and briefcases; trunks for travel and travel bags
                Class 025. First use:
                clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts;
                headwear; footwear
                Class 028. First use:
                Video and computer game cartridges; board games, parlor games, card games,
                toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                namely, cycling equipment and accessories, namely, stationary cycles, football
                equipment and accessories, namely, footballs, football shoulder pads, football
                girdles, football body protectors, football knee, elbow, chest and leg pads,
                soccer equipment and accessories, namely, soccer balls, soccer ball goal nets,
                soccer ball knee pads, baseball equipment and accessories, namely, baseballs,
                baseball bats, baseball bases, baseball mitts, baseball gloves, basketball
                equipment and accessories, namely, basketballs, basketball goals, basketball
                nets
                Class 036. First use:
                financing services; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management
                Class 037. First use:
                custom construction and building renovation; construction planning, construction
                supervision; maintenance and repair of telecommunications networks, apparatus
                and instruments; installation of telecommunications networks, apparatus and
                instruments; maintenance and repair of computer networks and computer
                hardware; installation of computer networks and computer hardware
                Class 038. First use:
                Telecommunication services, namely, electric, digital, cellular and wireless
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 59 of 127 PageID #:59


                    transmission of voice, data, information, images, signals and messages, namely,
                    providing telecommunications connections over a global communications
                    network, electronic mail, voice mail and messaging services, audio and video
                    teleconferencing, rental of telecommunications equipment, namely, equipment
                    for electronic access to global telecommunications network, equipment for
                    transmitting, receiving, recording and monitoring voice, data, information,
                    images, signals, messages, data and word processors, computer programs for
                    use in operating and accessing telecommunications systems; audio and video
                    broadcasting featuring entertainment in the nature of live visual and audio
                    performances, and musical, variety, news and comedy shows
                    Class 041. First use:
                    education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; entertainment in the nature of live visual and audio performances,
                    namely, musical band, rock group, gymnastic, dance, and ballet performances;
                    entertainment services, namely, providing musical, variety, news and comedy
                    shows via global computer information network; entertainment services, namely,
                    providing on-line computer games for children and adults; organization of
                    community sporting and cultural events; publication of books, magazines,
                    journals, manuals, brochures, and leaflets
                    Class 042. First use:
                    computer programming for others; rental of data processing equipment; rental of
                    computer hardware and software; design for others in the field of
                    telecommunications equipment; maintenance and repair of computer software;
                    installation of computer software

U.S. Registration   2282432                        Application Date      02/27/1997
No.
Registration Date   10/05/1999                     Foreign Priority      08/31/1996
                                                   Date
Word Mark           T-MOBILE
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    Telecommunications equipment, namely, computer programs for operating
                    telecommunications systems, computer programs for providing multiple-user
                    access to the global communications network for the transfer and dissemination
                    of a wide range of information, magnetic, electric and optical networks
                    comprising of data transmitters consisting of digital end instruments that convert
                    user information into data signals for transmission or reconvert the received data
                    signals into user information and equipment that transfers data between data
                    terminals, storage apparatus, signaling devices, namely, equipment that
                    generates, transfers and receives information over a communications network
                    by electrical or optical means, termination equipment, namely, components that
                    connect an appropriate bridge, normally of the characteristic impedance, across
                    a circuit to provide stability; word processors, computers, namely,
                    microcomputers, minicomputers, computer central processors, microprocessors,
                    computer monitors, computer keyboards, computer terminals, computer
                    interface boards, computer laser printers, computer impact printers, computer
                    dot matrix printers, computer operating systems, computers and instructional
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 60 of 127 PageID #:60


                manuals sold as a unit, computer interface apparatus, namely, computer
                modems, computer mouse and mouse pad, computer peripherals and parts
                thereof; computer programs for use in operating business management systems
                and related instruction manuals sold as a unit; audio, video and data
                communications equipment, namely, digital and analogue signal transmitters,
                receivers and converters, radio and telephone transmitters, receivers and
                servers, electronic mail hardware and software for electronic exchange of data
                images and messages, remote controls and set-top units for televisions,
                cinematographic television and amusement equipment, namely, signal decoders
                and interactive audio and video conferencing equipment to facilitate interaction
                between consumers and providers of goods and services; chronographs for use
                as specialized time recording apparatus, blank computer discs, blank computer
                floppy disks, blank computer hard discs; compact disc players, audio and video
                tape recorders, audio and video tape players, audio and video cassette
                recorders, audio and video cassette players, blank audio and video tapes,
                cassettes, discs and microfiche; audio and video tapes, cassettes, discs and
                microfiche featuring information concerning telecommunications; video monitors,
                automatic vending machines and timing mechanisms therefor, and parts thereof;
                magnetic coded card readers, magnetic cards, blank magnetic data carriers,
                demagnitizers for magnetic tapes, and parts thereof; computer, data and video
                networking and conferencing equipment, namely, teleconferencing equipment,
                audiovisual teaching equipment, namely, overhead film, photographic and slide
                projectors, projection screens, computers that display information on an
                overhead screen, intercoms; telephones, telephone answering machines,
                teleprinters, teletypewriters, caller identification boxes, radio operated telephone
                equipment, audio operated relays, wireless and cellular telephones and
                answering machines, pagers, portable computers, facsimile machines, wireless
                fax machines, personal communications equipment, namely, personal digital
                assistants (PDA), calculators and related peripherals, namely, cases for carrying
                pocket calculators, satellites and satellite communication earth stations both
                stationary and moveable; prerecorded compact discs, audio cassette tapes,
                video cassette tapes, digital audio tapes and digital video discs featuring
                musical, variety, news and comedy shows; and computer game programs for
                children and adults
                Class 014. First use:
                jewelry, horological instruments, namely, clocks and watches; chronometers and
                chronographs
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 018. First use:
                Umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, purses, writing cases, namely, briefcase type portfolios, suitcases,
                traveling bags, and briefcases; trunks for travel and travel bags
                Class 025. First use:
                clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts;
                headwear; footwear
                Class 028. First use:
                Video and computer game cartridges; board games, parlor games, card games,
                toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                namely, cycling equipment and accessories, namely, stationary cycles, football
                equipment and accessories, namely, footballs, football shoulder pads, football
                girdles, football body protectors, football knee, elbow, chest and leg pads,
                soccer equipment and accessories, namely, soccer balls, soccer ball goal nets,
                soccer ball knee pads, baseball equipment and accessories, namely, baseballs,
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 61 of 127 PageID #:61


                    baseball bats, baseball bases, baseball mitts, baseball gloves, basketball
                    equipment and accessories, namely, basketballs, basketball goals, basketball
                    nets
                    Class 036. First use:
                    financing services; real estate brokerage; real estate appraisal, real estate
                    investment; real estate listing; real estate management
                    Class 037. First use:
                    custom construction and building renovation; construction planning, construction
                    supervision; maintenance and repair of telecommunications networks, apparatus
                    and instruments; installation of telecommunications networks, apparatus and
                    instruments; maintenance and repair of computer networks and computer
                    hardware; installation of computer networks and computer hardware
                    Class 038. First use:
                    Telecommunication services, namely, electric, digital, cellular and wireless
                    transmission of voice, data, information, images, signals and messages, namely,
                    providing telecommunications connections over a global communications
                    network, electronic mail, voice mail and messaging services, audio and video
                    teleconferencing, rental of telecommunications equipment, namely, equipment
                    for electronic access to global telecommunications network, equipment for
                    transmitting, receiving, recording and monitoring voice, data, information,
                    images, signals, messages, data and word processors, computer programs for
                    use in operating and accessing telecommunications systems; audio and video
                    broadcasting featuring entertainment in the nature of live visual and audio
                    performances, and musical, variety, news and comedy shows; providing
                    information in the field of telecommunications via global computer networks
                    Class 041. First use:
                    education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; entertainment in the nature of live visual and audio performances,
                    namely, musical band, rock group, gymnastic, dance, and ballet performances;
                    entertainment services, namely, providing musical, variety, news and comedy
                    shows via a global computer information network; entertainment services,
                    namely, providing on-line computer games for children and adults; organization
                    of community sporting and cultural events; publication of books, magazines,
                    journals, manuals, brochures, and leaflets
                    Class 042. First use:
                    computer programming for others; rental of data processing equipment; rental of
                    computer hardware and software; design for others in the field of
                    telecommunications equipment; maintenance and repair of computer software;
                    installation of computer software

U.S. Application/             NONE                 Application Date               NONE
Registration No.
Registration Date             NONE
Word Mark                     T-SYSTEMS
Goods/Services                telecommunication and information technology goods and services

U.S. Application/             NONE                 Application Date               NONE
Registration No.
Registration Date             NONE
Word Mark                     T-SYSTEM
Goods/Services                telecommunication and information technology goods and services

U.S. Application/             NONE                 Application Date               NONE
 Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 62 of 127 PageID #:62


 Registration No.
 Registration Date               NONE
 Word Mark                       T
 Goods/Services                  telecommunication and information technology goods and services

 U.S. Application/               NONE                 Application Date               NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T-MOBILE
 Goods/Services                  telecommunication and information technology goods and services



 Attachments          75093059#TMSN.gif ( 1 page )( bytes )
                      75095185#TMSN.gif ( 1 page )( bytes )
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                      78693813#TMSN.jpeg ( 1 page )( bytes )
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                      78693698#TMSN.jpeg ( 1 page )( bytes )
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                      75095186#TMSN.gif ( 1 page )( bytes )
                      75248964#TMSN.gif ( 1 page )( bytes )
                      75248963#TMSN.gif ( 1 page )( bytes )
                      Notice of Opposition.pdf ( 9 pages )(44305 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 Overnight Courier on this date.


 Signature            /Jason L. White/
 Name                 Jason L. White
 Date                 09/14/2011
   Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 63 of 127 PageID #:63



            IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
              BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD


In the matter of trademark application Serial No. 85/149,368
Filed: October 11, 2010
For the mark: T SYSTEMDS
Published in the Official Gazette on: May 17, 2011


DEUTSCHE TELEKOM AG,                        )
                                            )
                             Opposer,       )
                                            )
       v.                                   )       Opposition No.: Pending
                                            )
T-SYSTEM, INC.,                             )
                                            )
                             Applicant.     )


                                 NOTICE OF OPPOSITION


       Opposer, Deutsche Telekom AG (hereinafter “DTAG” ), believes that it is being and will

be damaged by registration of the mark T SYSTEMDS in application 85/149,368 for use in

connection with “digital record keeping systems comprising digital pens coupled with computer

software that provides web-based access to applications and online services through a web

operating system or portal interface for emergency rooms, urgent care centers, and first

response units” in International Class 09. DTAG hereby opposes the same pursuant to Section

13(a) of the Trademark Act of 1946, as amended (the “Lanham Act”), 15 U.S.C. § 1063(a).

                                  The Parties and the Marks

       1.     DTAG is a corporation organized under the laws of the Federal Republic of

Germany, with its principal place of business located at Friedrich-Ebert-Allee 140, Bonn, 53113.

       2.     DTAG and its affiliates are one of the world’s largest telecommunication and

information technology service providers. Both DTAG and its affiliates, including T-Systems,
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 64 of 127 PageID #:64



U.S.A. and T-Mobile, U.S.A., offer a broad range of telecommunication and information

technology goods and services under DTAG’s family of “T” marks, including the marks “T-

SYSTEMS,” “T-MOBILE,” and other “T” formatives (collectively, the “DTAG Marks”). These

DTAG Marks are among DTAG’s core brands and are integral to its corporate identity. In this

regard, DTAG has extensively used and promoted the DTAG Marks in domestic and

international commerce. Indeed, these marks have been widely used and registered by DTAG on

a worldwide basis for many years in a stand alone form, as a stand alone design element, in

combination with additional words, numbers, designs and/or device elements, in numerous

colors, and in black and white. (See Exhibit A for a non-exhaustive, representative sample of the

DTAG Marks in the U.S.). As part of its family of DTAG Marks, the “T-SYSTEMS” brand has

been widely registered and/or used as trademarks, domain names, company names, and in

various other mediums both in singular and plural form (collectively, the “T-SYSTEMS

Marks”). As a result of this extensive use, advertising, and promotion, the T-SYSTEMS Marks

have become well-known as distinctive indicators of the origin of DTAG’s goods and services

and have become a valuable symbol of DTAG’s goodwill.

       3.      The DTAG Marks constitute a series or family of marks that are owned by and

are in the name of DTAG or its affiliates, are well-known trademarks, and are subject to a

number of trademark applications and registrations worldwide, some of which are now

incontestable under 15 U.S.C. § 1065. (See Exhibit A).

       4.       The T-SYSTEMS Marks are well-known trademarks and are subject to a number

of trademark applications and registrations worldwide, some of which are now incontestable

under 15 U.S.C. § 1065. (See the first two entries in Exhibit A for the earliest U.S. registrations

depicting the T-SYSTEMS Marks).



                                                 2
   Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 65 of 127 PageID #:65



       5.     Upon information and belief, applicant T-System, Inc. (“TSI”) is a corporation

organized under the laws of Texas, with its principal place of business located at 4020 McEwen

Drive, Suite 281, Dallas, Texas 75244.

       6.     Despite the existence of a “Trademark Use and Registration Agreement” entered

into by DTAG and TSI on March 3, 2004, prohibiting TSI from registering certain T-SYSTEM-

type marks, TSI’s application Serial No. 85/149,368 fully incorporates, is dominated in both

sight and sound by, and creates a clear commercial impression of the words “T SYSTEM”

(“TSI’s Application”).

                 Likelihood of Confusion With DTAG’s Prior Registrations
                               Section 2(d), 15 U.S.C. § 1052(d)
       7.     DTAG repeats and realleges each and every allegation set forth in Paragraphs 1-6.

       8.     DTAG’s rights in its T-SYSTEMS Marks date back to at least as early as April

23, 1996, the filing dates for U.S. Reg. Nos. 2,448,571 and 2,460,631. (See Exhibit A). Since

this time, DTAG continuously has used its T-SYSTEMS Marks, and formatives of the same, in

U.S. and international commerce. The filing date of TSI’s Application is October 11, 2010, and

is based on an intent to use in U.S. commerce. DTAG therefore has priority based on its prior

use and valid and subsisting T-SYSTEMS Marks and registrations.

       9.     TSI’s Application consists of the letter “T” followed by the word “SYSTEMDS.”

DTAG’s T-SYSTEMS Marks make use of and predominantly feature the letter “T” followed by

“SYSTEM” or “SYSTEMS.” The respective marks are therefore highly similar, if not identical,

in sight and sound as well as identical in commercial impression.

       10.    The DTAG Marks as a whole consist of and predominantly feature the letter “T”

and often include various other words, such as “SYSTEMS” and “MOBILE.” The TSI



                                                3
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 66 of 127 PageID #:66



Application follows the same distinct pattern as the DTAG Marks and is thus highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

       11.     The identical nature of the DTAG Marks and the TSI Application in sight and

commercial impression is particularly pronounced given the nature of the claimed goods and

services in the TSI Application, namely, computer software providing web-based access to

applications and online services in International Class 09.

       12.     The DTAG Marks claim numerous telecommunication and information

technology goods and services in many International Classes, but focus heavily on

telecommunication goods and services in International Classes 09, 38, and 42, as set forth in

more detail in Exhibit A. As a result, the goods and services, as well as relevant consumers and

channels of trade, of the DTAG Marks and subsequent TSI Application are identical.

       13.     On information and belief, TSI adopted its mark years after DTAG’s established

worldwide use and promotion of the DTAG Marks for its telecommunication and information

technology goods and services, and TSI modeled its trademark filings after the branding strategy

established by DTAG for the DTAG Marks.

       14.     TSI’s junior use of an identical branding strategy and a highly similar, if not

identical mark, for use in connection with identical telecommunication and information

technology goods and services overlaps and duplicates the DTAG Marks, as well as the goods

and services, and will inevitably lead consumers to believe that DTAG is the source of the

products, or that TSI is affiliated, endorsed or sponsored by DTAG, all in violation of DTAG’s

rights in the DTAG Marks.

       15.     For the foregoing reasons, DTAG believes and alleges that it is being and will be

damaged by the registration of TSI’s Application Serial No. 85/149,368.


                                                 4
      Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 67 of 127 PageID #:67



                Likelihood of Confusion With DTAG’s Common Law Rights
                                Section 2(d), 15 U.S.C. § 1052(d)
        16.    DTAG repeats and realleges each and every allegation set forth in Paragraphs 1-

15.

        17.    Based on its continuous use of the DTAG Marks in U.S. commerce, these marks

have become distinctive source indicators of the various telecommunication and information

technology goods and services offered by DTAG, and DTAG has not abandoned these common

law rights.

        18.    DTAG’s rights in the DTAG Marks are well prior to the filing date of TSI’s

Application, October 11, 2010. DTAG therefore has priority based on its prior and subsisting

use of the DTAG Marks.

        19.    TSI’s Application consists of the letter “T” followed by the word “SYSTEMDS.”

DTAG’s T-SYSTEMS Marks make use of and predominantly feature the letter “T” followed by

“SYSTEM” or “SYSTEMS.” The respective marks are therefore highly similar, if not identical,

in sight and sound as well as identical in commercial impression.

        20.    The DTAG Marks as a whole consist of and predominantly feature the letter “T”

and often include various other words, such as “SYSTEMS” and “MOBILE.” The TSI

Application follows the same distinct pattern as the DTAG Marks and is thus highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

        21.    The identical nature of the DTAG Marks and the TSI Application in sight and

commercial impression is particularly pronounced given the nature of the claimed goods and

services in the TSI Application, namely, computer software providing web-based access to

applications and online services in International Class 09.




                                                 5
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 68 of 127 PageID #:68



       22.     The DTAG Marks are used in connection with various telecommunication and

information technology goods and services. As a result, the goods and services, as well as

relevant consumers and channels of trade, of the senior DTAG Marks and subsequent TSI

Application are identical.

       23.     On information and belief, TSI adopted its mark years after DTAG’s established

worldwide use and promotion of the DTAG Marks for its telecommunication and information

technology goods and services and modeled its trademark filings after the branding strategy

established by the DTAG Marks.

       24.     TSI’s junior use of an identical branding strategy and a highly similar, if not

identical mark, for use in connection with identical telecommunication and information

technology goods and services overlaps and duplicates the DTAG Marks, as well as the goods

and services, and will inevitably lead consumers to believe that DTAG is the source of the

products, or that TSI is affiliated, endorsed or sponsored by DTAG, all in violation of DTAG’s

rights in the DTAG Marks.

       25.     For the foregoing reasons, DTAG believes and alleges that it is being and will be

damaged by the registration of TSI’s Application Serial No. 85/149,368.

       WHEREFORE, DTAG respectfully requests that application Serial No. 85/149,368 be

refused registration and judgment in the present opposition be entered in favor of the DTAG and

against TSI, with prejudice.




                                                 6
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 69 of 127 PageID #:69



                                  Respectfully submitted,

                                  DEUTSCHE TELEKOM AG

                                  By:          /Jason L. White/   .
                                         Michael D. Adams
                                         Jason L. White
                                         MAYER BROWN, LLP
                                         P.O. Box 2828
                                         Chicago, IL 60690-2828
                                         (312) 701-8713


                                         Attorney for Opposer




                                     7
           Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 70 of 127 PageID #:70



                                            Exhibit A

                                 Deutsche Telekom’s Registrations

Mark       Image                                 Registration   Registration   Class(es)
                                                 No.            Date
T System   T-System                              2448571        5-8-2001       9, 16, 36, 37, 38, 41,
                                                                               42
T System                                         2460631        6-19-2001      9, 16, 36, 37, 38, 41,
                                                                               42
T                                                2472584        7-31-2001      9, 36, 37, 38, 41

T                                                3538688        11-25-2008     42

T                                                2508277        11-20-2001     9, 16, 25, 36, 38, 42




T                                                3216527        3-6-2007       42




T Mobile                                         3076000        4-4-2006       42


T Mobile                                         2941016        4-19-2005      9, 16, 36, 37, 38, 41,
                                                                               42

T Mobile                                         2284387        10-12-1999     9, 14, 16, 18, 25, 28,
                                                                               36, 37, 38, 41, 42


T-Mobile   T-Mobile                              2282432        10-5-1999      9, 14, 16, 18, 25, 28,
                                                                               36, 37, 38, 41, 42
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 71 of 127 PageID #:71



                                  CERTIFICATE OF MAILING


        I hereby certify that, on this 14th day of September, 2011, this Notice of Opposition is

being sent via UPS Overnight and email to:

                                      JOHN M. CONE
                                      HITCHCOCK EVERT LLP
                                      PO BOX 131709
                                      DALLAS, TX 75313-1709




                                              By:       /Jason L. White/         .
                                                    Jason L. White




700570957 11148473
 Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 72 of 127 PageID #:72


                                             Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
                                                                   ESTTA Tracking number:           ESTTA450523
                                                                                 Filing date:         01/11/2012
                      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                  Deutsche Telekom AG
 Granted to Date       01/11/2012
 of previous
 extension
 Address               Friedrich-Ebert-Allee 140
                       Bonn,, 53113
                       GERMANY

 Attorney              Michael D. Adams
 information           Mayer Brown LLP
                       P.O. Box 2828
                       Chicago, IL 60690-2828
                       UNITED STATES
                       ipdocket@mayerbrown.com Phone:312-701-8713

Applicant Information
 Application No        85305952                          Publication date          09/13/2011
 Opposition Filing     01/11/2012                        Opposition                01/11/2012
 Date                                                    Period Ends
 Applicant             T-SYSTEM, INC.
                       Suite 281 4020 McEwen Drive
                       Dallas, TX 75244
                       UNITED STATES

Goods/Services Affected by Opposition
 Class 009.
 All goods and services in the class are opposed, namely: computer software used to analyze medical
 emergency department data for use by clinicians and hospital administration

Grounds for Opposition
 Priority and likelihood of confusion                    Trademark Act section 2(d)

Marks Cited by Opposer as Basis for Opposition
 U.S. Registration     2448571                           Application Date          04/23/1996
 No.
 Registration Date     05/08/2001                        Foreign Priority          NONE
                                                         Date
 Word Mark             T-SYSTEM
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 73 of 127 PageID #:73


Design Mark




Description of   NONE
Mark
Goods/Services   Class 009. First use:
                 electric, electronic, optical, measuring, signalling, controlling or teaching
                 apparatus and instruments, all for use with telecommunications, namely,
                 apparatus for producing sound, images or data, magnetic and optical data
                 carriers, data processors and computers, namely, microcomputers,
                 minicomputers, computer central processors, computer monitors, computer
                 keyboards, computer terminals, computer interface boards, computer memories,
                 computer laser printers, computer impact printers, computer dot matrix printers,
                 computer operating systems, computers and instructional manuals sold as a
                 unit, computer interface apparatus, namely, computer modems, computer
                 mouse and mouse pad, computer peripherals and parts thereof; computer
                 programs and data bases for use in operating telecommunications and business
                 management systems and related instruction manuals sold as a unit; optical
                 cables, optic filters, optical scanners, optical character readers, optical discs,
                 optical fibers, optical glass for signal transmission, optic transmitters, optic
                 receivers, optical signal processing apparatus, optic switches, optical networks
                 comprising communication transmission switching and reception apparatus,
                 optical attenuators, optical amplifiers, optical character recognition apparatus,
                 and parts thereof; audio, video and data communications systems, namely,
                 digital and analogue signal transmitters, receivers and converters, radio and
                 telephone transmitters, receivers and servers, stationary, wireless and cellular
                 telephone systems and answering machines, telecommunication transmission,
                 receiving and storage apparatus, telecommunications transmitting sets, data
                 transmitters, facsimile machines, electronic mail apparatus for electronic
                 exchange of data images and messages, remote controls and set-top units,
                 cinematographic television and amusement equipment, namely, signal decoders
                 and interactive audio and video equipment to facilitate interaction between
                 consumers and providers of goods and services; electrical wire, electrical wire
                 connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                 printed circuit boards, electric circuit boards, circuit connectors, electrical
                 controllers, electrical converters, electrical fuses, electric luminescent display
                 panels, electrical switch plates, electric plugs, antennas, electrical cables,
                 computer cables, computer chips, silicon chips, chronographs for use as
                 specialized time recording apparatus, electric coils, computer buffers, blank
                 computer discs, blank computer floppy disks, computer hard discs, electrical
                 conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                 thereof; compact disc players, audio and video tape recorders, audio and video
                 tape players, audio and video cassette recorders, audio and video cassette
                 players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                 video tapes, cassettes, discs and microfiche featuring information concerning
                 telecommunications, personal and business management systems; video
                 monitors, automatic vending machines and timing mechanisms therefor, and
                 parts thereof; data processors and readers, word processors, magnetic coded
                 card readers, magnetic cards, electronic encryption units, lasers, light emitting
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 74 of 127 PageID #:74


                diodes, light emitting diode displays, microprocessors, blank magnetic data
                carriers, demagnetizers for magnetic tapes, and parts thereof; communications
                and video transmission switching and reception apparatus; computer, data and
                video networking and conferencing equipment, namely, teleconferencing
                equipment, audiovisual teaching equipment, overhead film, photographic and
                slide projectors, projection screens, computer based information display
                equipment, namely, computers which display information on an overhead
                screen, intercoms; telephones, telephone answering machines, telephone
                transmitters, telephone networks, telephone wires, teleprinters, teletypewriters,
                and parts thereof, namely, caller identification boxes, radio telephone equipment
                and accessories, namely, call boxes and systems, dialing assembiles, telephone
                units, audio operated relays, signalling devices, receiving devices, termination
                equipment, filters, protectors and automatic signalling and control equipment,
                telemeters, wireless and cellular telephones, pagers, paging equipment,
                portable computer devices, facsimile transmitters and receivers, wireless fax
                machines, personal communications equipment, namely, Personal Digital
                Assistants (PDA), calculators and related peripherals; satellite processors,
                satellites and satellite communication earth stations both stationary and
                moveable, prerecorded compact discs, audio cassette tapes, video cassette
                tapes, digital audio tapes and digital video discs featuring musical, variety, news
                and comedy shows; and computer game programs for children and adults
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 036. First use:
                financing services; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management
                Class 037. First use:
                custom construction and building renovation; construction planning, construction
                supervision; maintenance and repair of telecommunications networks, apparatus
                and instruments; installation of telecommunications networks, apparatus and
                instruments; installation, maintenance and repair of computer networks and
                computer hardware
                Class 038. First use:
                telecommunication services, namely, electronic mail services; audio and video
                teleconferencing; electronic, electric and digital transmission of voice, data,
                information, images, signals and messages; rental of apparatus for
                telecommunications, namely, rental of electronic access, transmission, receiver,
                recording and monitoring equipment comprised of telecommunications hardware
                and software including components and peripherals thereof for use in the
                telecommunications industry; audio and video broadcasting featuring
                entertainment in the nature of visual and audio performances, and musical,
                variety, news and comedy shows
                Class 041. First use:
                education in the nature of classes and seminars in the fields of business,
                telecommunications and computers, and the distribution of course materials
                therewith; entertainment in the nature of visual and audio performances, namely,
                musical band, rock group, gymnastic, dance, and ballet performances;
                entertainment services, namely, providing musical, variety, news and comedy
                shows via a global computer information network; entertainment services,
                namely, providing on-line computer games for children and adults; organization
                of community sporting and cultural events; publication of books, magazines,
                journals, manuals, brochures, and leaflets
                Class 042. First use:
                computer programming for others; leasing access time to a computer data base
                in the field of telecommunications; rental of data processing equipment; rental of
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 75 of 127 PageID #:75


                    computer hardware and software; design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software

U.S. Registration   2460631                          Application Date       04/23/1996
No.
Registration Date   06/19/2001                       Foreign Priority       NONE
                                                     Date
Word Mark           T SYSTEM
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    electric, electronic, optical, measuring, signalling, controlling or teaching
                    apparatus and instruments, all for use with telecommunications, namely,
                    apparatus for producing sound, images or data, [magnetic and optical data
                    carriers, data processors and computers, namely, microcomputers,
                    minicomputers, computer central processors, computer monitors, computer
                    keyboards, computer terminals, computer interface boards, computer memories,
                    computer laser printers, computer impact printers, computer dot matrix printers,
                    computer operating systems, computers and instructional manuals sold as a
                    unit, computer interface apparatus, namely, computer modems, computer
                    mouse and mouse pad, computer peripherals and parts thereof; ]computer
                    programs and data bases for use in operating telecommunications and business
                    management systems and related instruction manuals sold as a unit; [optical
                    cables, optic filters, optical scanners, optical character readers, optical discs,
                    optical fibers, optical glass for signal transmission, optic transmitters, optic
                    receivers, optical signal processing apparatus, optic switches, optical networks
                    comprising communication transmission switching and reception apparatus,
                    optical attenuators, optical amplifiers, optical character recognition apparatus,
                    and parts thereof;] audio, video and data communications systems, namely,
                    digital and analogue signal transmitters, receivers and converters, radio and
                    telephone transmitters, receivers and servers, stationary, wireless and cellular
                    telephone systems [and answering machines, ]telecommunication transmission,
                    receiving and storage apparatus, telecommunications transmitting sets, data
                    transmitters,[ facsimile machines] electronic mail apparatus for electronic
                    exchange of data images and messages,[ remote controls and set-top units,]
                    cinematographic television and amusement equipment, namely, signal decoders
                    and interactive audio and video equipment to facilitate interaction between
                    consumers and providers of goods and services; [electrical wire, electrical wire
                    connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                    printed circuit boards, electric circuit boards, circuit connectors, electrical
                    controllers, electrical converters, electrical fuses, electric luminescent display
                    panels, electrical switch plates, electric plugs, antennas, electrical cables,
                    computer cables, computer chips, silicon chips, chronographs for use as
                    specialized time recording apparatus, electric coils, computer buffers, blank
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 76 of 127 PageID #:76


                computer discs, blank computer floppy disks, computer hard discs, electrical
                conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                thereof; compact disc players, audio and video tape recorders, audio and video
                tape players, audio and video cassette recorders, audio and video cassette
                players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                video tapes, cassettes, discs and microfiche featuring information concerning
                telecommunications, personal and business management systems; video
                monitors, automatic vending machines and timing mechanisms therefor, and
                parts thereof; data processors and readers, word processors, magnetic coded
                card readers, magnetic cards, electronic encryption units, lasers, light emitting
                diodes, light emitting diode displays, microprocessors, blank magnetic data
                carriers, demagnetizers for magnetic tapes, and parts thereof;] communications
                and video transmission switching and reception apparatus; computer, data and
                video networking and conferencing equipment, namely, teleconferencing
                equipment, [audiovisual teaching equipment, overhead film, photographic and
                slide projectors, projection screens, computer based information display
                equipment, namely, computers which display information on an overhead
                screen, intercoms;] telephones,[ telephone answering machines,] telephone
                transmitters, telephone networks,[ telephone wires, teleprinters, teletypewriters,]
                and parts thereof, namely, [caller identification boxes,] radio telephone
                equipment and accessories, namely, [call boxes and systems, dialing
                assemblies, telephone units,] audio operated relays, signalling devices,
                receiving devices, termination equipment, filters, protectors and automatic
                signalling and control equipment, telemeters, wireless and cellular telephones,
                pagers, paging equipment, portable computer devices, [facsimile transmitters
                and receivers, wireless fax machines, personal communications equipment,
                namely, Personal Digital Assistants (PDA), calculators and related peripherals;]
                satellite processors, satellites and satellite communication earth stations both
                stationary and moveable,[ prerecorded compact discs, audio cassette tapes,
                video cassette tapes, digital audio tapes and digital video discs featuring
                musical, variety, news and comedy shows; and computer game programs for
                children and adults]
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications [; printed
                instructional and teaching material on telecommunications; stationery]
                Class 036. First use:
                financing services[; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management]
                Class 037. First use:
                [custom construction and building renovation; construction planning,
                construction supervision;] maintenance and repair of telecommunications
                networks, apparatus and instruments; installation of telecommunications
                networks, apparatus and instruments; installation, maintenance and repair of
                computer networks and computer hardware
                Class 038. First use:
                telecommunication services, namely, electronic mail services; audio and video
                teleconferencing; electronic, electric and digital transmission of voice, data,
                information, images, signals and messages [; rental of apparatus for
                telecommunications, namely, rental of electronic access, transmission, receiver,
                recording and monitoring equipment comprised of telecommunications hardware
                and software including components and peripherals thereof for use in the
                telecommunications industry; audio and video broadcasting featuring
                entertainment in the nature of visual and audio performances, and musical,
                variety, news and comedy shows]
                Class 041. First use:
                [education in the nature of classes and seminars in the fields of business,
                telecommunications and computers, and the distribution of course materials
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 77 of 127 PageID #:77


                    therewith;] entertainment in the nature of visual and audio performances,
                    namely, musical band, rock group, gymnastic, dance, and ballet performances;
                    entertainment services, namely, providing musical, variety, news and comedy
                    shows via a global computer information network; entertainment services,
                    namely, providing on-line computer games for children and adults;[ organization
                    of community sporting and cultural events; publication of books, magazines,
                    journals, manuals, brochures, and leaflets]
                    Class 042. First use:
                    computer programming for others; [leasing access time to a computer data base
                    in the field of telecommunications; rental of data processing equipment; rental of
                    computer hardware and software;] design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software

U.S. Registration   2472584                          Application Date       08/24/1995
No.
Registration Date   07/31/2001                       Foreign Priority       NONE
                                                     Date
Word Mark           T
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    [ electric, electronic, optical, measuring, signalling, controlling or teaching
                    apparatus and instruments, all for use with telecommunications, namely,
                    apparatus for producing sound, images or data, magnetic and optical data
                    carriers, data processors and computers, namely, microcomputers,
                    minicomputers, computer central processors, computer monitors, computer
                    keyboards, computer terminals, computer interface boards, computer memories,
                    computer laser printers, computer impact printers, computer dot matrix printers,
                    computer operating systems, computers and instructional manuals sold as a
                    unit, computer interface apparatus, namely, computer modems, computer
                    mouse and mouse pad, computer peripherals and parts thereof; ] computer
                    programs and data bases for use in operating telecommunications; [ and
                    business management systems and related instruction manuals sold as a unit;
                    optical cables, optic filters, optical scanners, optical character readers, optical
                    discs, optical fibers, optical glass for signal transmission, optic transmitters, optic
                    receivers, optical signal processing apparatus, optic switches, optical networks
                    comprising communication transmission switching and reception apparatus,
                    optical attenuators, optical amplifiers, optical character recognition apparatus,
                    and parts thereof; ] audio,(( video)) and data ((communications systems,))
                    namely, digital and analogue signal transmitters, receivers and converters, radio
                    ((and telephone)) transmitters, receivers and ((servers,)) ((stationary,)) wireless
                    and cellular ((telephone systems,)) [ and answering machines, ]
                    telecommunication transmission, receiving and storage apparatus,
                    telecommunications transmitting sets, data transmitters, [ facsimile machines, ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 78 of 127 PageID #:78


                electronic mail apparatus for electronic exchange of data images and messages,
                [ remote controls and set-top units, cinematographic television and amusement
                equipment, namely, signal decoders and interactive audio and video equipment
                to facilitate interaction between consumers and providers of goods and services;
                electrical wire, electrical wire connectors, integrated circuits, printed circuits,
                electric circuits, circuit breakers, printed circuit boards, electric circuit boards,
                circuit connectors, electrical controllers, electrical converters, electrical fuses,
                electric luminescent display panels, electrical switch plates, electric plugs,
                antennas, electrical cables, computer cables, computer chips, silicon chips,
                chronographs for use as specialized time recording apparatus, electric coils,
                computer buffers, blank computer discs, blank computer floppy disks, computer
                hard discs, electrical conductors, acoustic conduits, electrical conduits, fiber
                optic conduits and parts thereof; compact disc players, audio and video tape
                recorders, audio and video tape players, audio and video cassette recorders,
                audio and video cassette players, blank audio and video tapes, cassettes, discs
                and microfiche; audio and video tapes, cassettes, discs and microfiche featuring
                information concerning telecommunications, personal and business
                management systems; video monitors, automatic vending machines and timing
                mechanisms therefor, and parts thereof; data processors and readers, word
                processors, magnetic coded card readers, magnetic cards, electronic encryption
                units, lasers, light emitting diodes, light emitting diode displays,
                microprocessors, blank magnetic data carriers, demagnitizers for magnetic
                tapes, and parts thereof; communications and video transmission switching and
                reception apparatus; computer, data and video networking and conferencing
                equipment, namely, teleconferencing equipment, audiovisual teaching
                equipment, overhead film, photographic and slide projectors, projection screens,
                computer based information display equipment, namely, computers which
                display information on an overhead screen, intercoms;] telephones, [ telephone
                answering machines, ] telephone transmitters, * AND * telephone networks; [
                telephone wires, teleprinters, teletypewriters, and parts thereof, namely, caller
                identification boxes, radio telephone equipment and accessories, namely, call
                boxes and systems, dialing assemblies, telephone units, audio operated relays,
                signalling devices, receiving devices, termination equipment, filters, protectors
                and automatic signalling and control equipment, telemeters, ] wireless and
                cellular telephones,(( pagers, paging equipment,)) portable computer devices, [
                facsimile transmitters and receivers, wireless fax machines, ] personal
                communications equipment, namely, Personal Digital Assistants (PDA), [
                calculators ] and related peripherals; [ satellite processors, satellites and satellite
                communication earth stations both stationary and moveable; baseball batting
                helmets; prerecorded compact discs, audio cassette tapes, video cassette
                tapes, digital audio tapes and digital video discs featuring musical, variety, news
                and comedy shows; and ] computer game programs for children and adults
                Class 014. First use:
                [ jewelry, horological instruments, namely, clocks and watches; chronometers
                and chronographs ]
                Class 016. First use:
                [ printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery ]
                Class 018. First use:
                [ umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, or pocket calculators, purses, writing cases, namely, briefcase type
                portfolios, suitcases, travelling bags, and briefcases; trunks for travel and travel
                bags ]
                Class 025. First use:
                [ clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts,
                headwear, footwear ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 79 of 127 PageID #:79


                    Class 028. First use:
                    [ video and computer game cartridges; board games, parlor games, card games,
                    toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                    toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                    namely, cycling equipment and accessories, namely, stationary cycles, football
                    equipment and accessories, namely, footballs, football shoulder pads, football
                    girdles, football protectors, football knee, elbow, chest and leg pads, soccer
                    equipment and accessories, namely, soccer balls, soccer ball goal nets, soccer
                    ball knee pads, baseball equipment and accessories, namely, baseballs,
                    baseball bats, baseball bases, baseball mitts, baseball gloves, baseball bats,
                    basket ball equipment and accessories, namely, basket balls, basket ball goals,
                    basket ball nets, and all parts related thereto ]
                    Class 036. First use:
                    financing services *, namely, FINANCING OF WIRELESS
                    TELECOMMUNICATION SERVICE PLANS AND PREPAID WIRELESS
                    TELECOMMUNICATIONS SERVICE PLANS * [ ; real estate brokerage; real
                    estate appraisal, real estate investment; real estate listing; real estate
                    management ]
                    Class 037. First use:
                    [ custom construction and building renovation; construction planning,
                    construction supervision;] ((maintenance and repair of telecommunications
                    networks,)) apparatus and instruments; ((installation of telecommunications
                    networks, apparatus and instruments;)) [ installation, maintenance and repair of
                    computer networks and computer hardware ]
                    Class 038. First use:
                    telecommunication services, namely, electronic mail services; [ audio and video
                    teleconferencing; ] electronic, electric and digital transmission of voice, data,
                    information, images, signals and messages; [ rental of apparatus for
                    telecommunications, namely, rental of electronic access, transmission, receiver,
                    recording and monitoring equipment comprised of telecommunications hardware
                    and software including components and peripherals thereof for use in the
                    telecommunications industry; ] audio [ and video ] broadcasting featuring
                    entertainment in the nature of [ visual ] * music * and audio performances [, and
                    musical, variety, news and comedy shows ]
                    Class 041. First use:
                    [ education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; entertainment in the nature of visual and audio performances, namely,
                    musical band, rock group, gymnastic, dance, and ballet performances; ]
                    entertainment services, namely, providing * music * [ musical, variety, news and
                    comedy shows ] via a global computer information network; entertainment
                    services, namely, providing on-line computer games for children and adults [ ;
                    organization of community sporting and cultural events; publication of books,
                    magazines, journals, manuals, brochures, and leaflets ]
                    Class 042. First use:
                    [ computer programming for others; leasing access time to a computer data
                    base in the field of telecommunications; rental of data processing equipment;
                    rental of computer hardware and software; design for others in the field of
                    telecommunications equipment; installation, maintenance and repair of
                    computer software ]

U.S. Registration   3538688                        Application Date     08/16/2005
No.
Registration Date   11/25/2008                     Foreign Priority     02/17/2005
                                                   Date
Word Mark           T
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 80 of 127 PageID #:80


Design Mark




Description of      NONE
Mark
Goods/Services      Class 042. First use: First Use: 2002/06/00 First Use In Commerce: 2002/06/00
                    Computer programming services for others; application service provider,
                    namely, hosting computer software applications for others, hosting of digital
                    content on the Internet; hosting the websites of others on a computer server for
                    a global computer network; computer services, namely, creating indexes of
                    information available on computer networks; providing information via the
                    telephone and the global communication networks in the field of information
                    technology; installation, maintenance and repair of computer software; providing
                    information at the specific request of end-users by means of telephone or global
                    communications networks; providing temporary use of online non-downloadable
                    telecommunications software for providing multiple user access to the global
                    computer network

U.S. Registration   3076000                         Application Date      10/15/2004
No.
Registration Date   04/04/2006                      Foreign Priority      NONE
                                                    Date
Word Mark           T MOBILE
Design Mark




Description of      NONE
Mark
Goods/Services      Class 042. First use:
                    Application service provider, namely, [ hosting computer software applications
                    for others, ] hosting of digital content on the internet; hosting the websites of
                    others on a computer server for a global computer network, all for advertising
                    purposes

U.S. Registration   2941016                         Application Date      04/23/1996
No.
Registration Date   04/19/2005                      Foreign Priority      NONE
                                                    Date
Word Mark           T MOBILE
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 81 of 127 PageID #:81


Design Mark




Description of   NONE
Mark
Goods/Services   Class 009. First use:
                 Electric, electronic, optical, measuring, signalling, controlling or teaching
                 apparatus and instruments, all for use with telecommunications, namely,
                 apparatus for producing sound, images or data, [ magnetic and optical data
                 carriers, ] data processors and computers, namely, microcomputers,
                 minicomputers, [ computer central processors, computer monitors, computer
                 keyboards, computer terminals, computer interface boards, computer memories,
                 computer laser printers, computer impact printers, computer dot matrix printers, ]
                 computer operating systems, computers and instructional manuals sold as a
                 unit, computer interface apparatus, namely, computer modems, computer
                 mouse and mouse pad, computer peripherals and parts thereof; computer
                 programs and data bases for use in operating telecommunications and business
                 management systems and related instruction manuals sold as a unit; [ optical
                 cables, optic filters, optical scanners, optical character readers, optical discs,
                 optical fibers, optical glass for signal transmission, optic transmitters, optic
                 receivers, optical signal processing apparatus, optic switches, optical networks
                 comprising communication transmission switching and reception apparatus,
                 optical attenuators, optical amplifiers, optical character recognition apparatus,
                 and parts thereof; ] audio, video and data communications systems, namely,
                 digital and analogue signal transmitters, receivers and converters, radio and
                 telephone transmitters, receivers and servers, stationary, wireless and cellular
                 telephone systems and answering machines, telecommunication transmission,
                 receiving and storage apparatus, telecommunications transmitting sets, data
                 transmitters, [ facsimile machines, ] electronic mail apparatus for electronic
                 exchange of data images and messages, [ remote controls and set-top units,
                 cinematographic television and amusement equipment, namely, signal decoders
                 and interactive audio and video equipment to facilitate interaction between
                 consumers and providers of goods and services; electrical wire, electrical wire
                 connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                 printed circuit boards, electric circuit boards, circuit connectors, electrical
                 controllers, electrical converters, electrical fuses, electric luminescent display
                 panels, electrical switch plates, electric plugs, antennas, electrical cables,
                 computer cables, computer chips, silicon chips, chronographs for use as
                 specialized time recording apparatus, electric coils, computer buffers, blank
                 computer discs, blank computer floppy disks, computer hard discs, electrical
                 conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                 thereof; compact disc players, audio and video tape recorders, audio and video
                 tape players, audio and video cassette recorders, audio and video cassette
                 players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                 video tapes, cassettes, discs and microfiche featuring information concerning
                 telecommunications, personal and business management systems; video
                 monitors, automatic vending machines and timing mechanisms therefor, and
                 parts thereof; data processors and readers, word processors, magnetic coded
                 card readers, magnetic cards, electronic encryption units, lasers, light emitting
                 diodes, light emitting diode displays, microprocessors, blank magnetic data
                 carriers, demagnetizers for magnetic tapes, and parts thereof; communications
                 and video transmission switching and reception apparatus; computer, data and
                 video networking and conferencing equipment, namely, teleconferencing
                 equipment, audiovisual teaching equipment, overhead film, photographic and
                 slide projectors, projection screens, computer based information display
                 equipment, namely, computers which display information on an overhead
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 82 of 127 PageID #:82


                    screen, intercoms; ] telephones, [ telephone answering machines, ] telephone
                    transmitters, [ telephone networks, telephone wires, teleprinters, teletypewriters,
                    andparts thereof, namely, caller identification boxes, radio telephone equipment
                    and accessories, namely, call boxes and systems, dialing assemblies, ]
                    telephone units, [ audio operated relays, signalling devices, receiving devices,
                    termination equipment, filters, protectors and automatic signalling and control
                    equipment, telemeters, ] wireless and cellular telephones, [ pagers, paging
                    equipment, ] portable computer devices, [ facsimile transmitters and receivers,
                    wireless fax machines, ] personal communications equipment, namely, Personal
                    Digital Assistants (PDA), [ calculators ] and related peripherals; [ satellite
                    processors, satellites and satellite communication earth stations both stationary
                    and moveable; prerecorded compact discs, audio cassette tapes, video cassette
                    tapes, digital audio tapes and digital video discs featuring musical, variety, news
                    and comedy shows; and computer game programs for children and adults ]
                    Class 016. First use:
                    Printed matter, namely, [ books ] or magazines on telecommunications; printed
                    instructional and teaching material on telecommunications; stationery
                    Class 036. First use:
                    Financing services; [ real estate brokerage; real estate appraisal, real estate
                    investment; real estate listing; real estate management ]
                    Class 037. First use:
                    [ Custom construction and building renovation; construction planning,
                    construction supervision; ] maintenance and repair of telecommunications [
                    networks, ] apparatus and instruments; [ installation of telecommunications
                    networks, apparatus and instruments; installation, ] maintenance and repair of
                    computer [ networks and computer ] hardware
                    Class 038. First use:
                    Telecommunication services, namely, electronic mail services; audio and video
                    teleconferencing; electronic, electric and digital transmission of voice, data,
                    information, images, signals and messages; [ rental of apparatus for
                    telecommunications, namely, rental of electronic access, transmission, receiver,
                    recording and monitoring equipment comprised of telecommunications hardware
                    and software including components and peripherals thereof for use in the
                    telecommunications industry; ] audio and video broadcasting featuring
                    entertainment in the nature of visual and audio performances, and musical,
                    variety, news and comedy shows
                    Class 041. First use:
                    [ Education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; ] entertainment in the nature of visual and audio performances,
                    namely, musical band, rock group, [ gymnastic, dance, and ballet ]
                    performances; entertainment services, namely, providing musical, variety, news
                    and comedy shows via a global computer information network; entertainment
                    services, namely, providing on-line computer games for children and adults;
                    organization of community sporting and cultural events; publication of [ books, ]
                    magazines, journals, manuals, brochures, and leaflets
                    Class 042. First use:
                    [ Computer programming for others; ] leasing access time to a computer data
                    base in the field of telecommunications; [ rental of data processing equipment;
                    rental of computer hardware and software; design for others in the field of
                    telecommunications equipment; ] installation, maintenance and repair of
                    computer software

U.S. Registration   2284387                         Application Date     02/27/1997
No.
Registration Date   10/12/1999                      Foreign Priority     NONE
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 83 of 127 PageID #:83


                                                 Date
Word Mark        T-MOBILE
Design Mark




Description of   NONE
Mark
Goods/Services   Class 009. First use:
                 Telecommunications equipment, namely, computer programs for operating
                 telecommunications systems, computer programs for providing multiple-user
                 access to the global communications network for the transfer and dissemination
                 of a wide range of information, magnetic, electric and optical networks
                 comprising of data transmitters consisting of digital and instruments that convert
                 user information into data signals for transmission or reconvert the received data
                 signals into user information and equipment that transfers data between data
                 terminals, storage apparatus, signaling devices, namely, equipment that
                 generates, transfers and receives information over a communications network
                 by electrical or optical means, termination equipment, namely, components that
                 connect an appropriate bridge, normally of the characteristic impedance, across
                 a circuit to provide stability; word processors, computers, namely,
                 microcomputers, minicomputers, computer central processors, microprocessors,
                 computer monitors, computer keyboards, computer terminals, computer
                 interface boards, computer laser printers, computer impact printers, computer
                 dot matrix printers, computer operating systems, computers and instructional
                 manuals sold as a unit, computer interface apparatus, namely, computer
                 modems, computer mouse and mouse pad, computer peripherals and parts
                 thereof; computer programs for use in operating business management systems
                 and related instruction manuals sold as a unit; audio, video and data
                 communications equipment, namely, digital and analogue signal transmitters,
                 receivers and converters, radio and telephone transmitters, receivers and
                 servers, electronic mail hardware and software for electronic exchange of data
                 images and messages, remote controls and set-top units for televisions,
                 cinematographic television and amusement equipment, namely, signal decoders
                 and interactive audio and video conferencing equipment to facilitate interaction
                 between consumers and providers of goods and services; chronographs for use
                 as specialized time recording apparatus, blank computer discs, blank computer
                 floppy disks, blank computer hard discs; compact disc players, audio and video
                 tape recorders, audio and video tape players, audio and video cassette
                 recorders, audio and video cassette players, blank audio and video tapes,
                 cassettes, discs and microfiche; audio and video tapes, cassettes, discs and
                 microfiche featuring information concerning telecommunications; video monitors,
                 automatic vending machines and timing mechanisms therefor, and parts thereof;
                 magnetic coded card readers, magnetic cards, blank magnetic data carriers,
                 demagnitizers for magnetic tapes, and parts thereof; computer, data and video
                 networking and conferencing equipment, namely, teleconferencing equipment,
                 audiovisual teaching equipment, namely, overhead film, photographic and slide
                 projectors, projection screens, computers that display information on an
                 overhead screen, intercoms; telephones, telephone answering machines,
                 teleprinters, teletypewriters, caller identification boxes, radio operated telephone
                 equipment, audio operated relays, wireless and cellular telephones and
                 answering machines, pagers, portable computers, facsimile machines, wireless
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 84 of 127 PageID #:84


                fax machines, personal communications equipment, namely, personal digital
                assistants (PDA), calculators and related peripherals, namely, cases for carrying
                pocket calculators, satellites and satellite communication earth stations both
                stationary and moveable; prerecorded compact discs, audio cassette tapes,
                video cassette tapes, digital audio tapes and digital video discs featuring
                musical, variety, news and comedy shows; and computer game programs for
                children and adults
                Class 014. First use:
                jewelry, horological instruments, namely, clocks and watches; chronometers and
                chronographs
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 018. First use:
                Umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, purses, writing cases, namely, briefcase type portfolios, suitcases,
                traveling bags, and briefcases; trunks for travel and travel bags
                Class 025. First use:
                clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts;
                headwear; footwear
                Class 028. First use:
                Video and computer game cartridges; board games, parlor games, card games,
                toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                namely, cycling equipment and accessories, namely, stationary cycles, football
                equipment and accessories, namely, footballs, football shoulder pads, football
                girdles, football body protectors, football knee, elbow, chest and leg pads,
                soccer equipment and accessories, namely, soccer balls, soccer ball goal nets,
                soccer ball knee pads, baseball equipment and accessories, namely, baseballs,
                baseball bats, baseball bases, baseball mitts, baseball gloves, basketball
                equipment and accessories, namely, basketballs, basketball goals, basketball
                nets
                Class 036. First use:
                financing services; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management
                Class 037. First use:
                custom construction and building renovation; construction planning, construction
                supervision; maintenance and repair of telecommunications networks, apparatus
                and instruments; installation of telecommunications networks, apparatus and
                instruments; maintenance and repair of computer networks and computer
                hardware; installation of computer networks and computer hardware
                Class 038. First use:
                Telecommunication services, namely, electric, digital, cellular and wireless
                transmission of voice, data, information, images, signals and messages, namely,
                providing telecommunications connections over a global communications
                network, electronic mail, voice mail and messaging services, audio and video
                teleconferencing, rental of telecommunications equipment, namely, equipment
                for electronic access to global telecommunications network, equipment for
                transmitting, receiving, recording and monitoring voice, data, information,
                images, signals, messages, data and word processors, computer programs for
                use in operating and accessing telecommunications systems; audio and video
                broadcasting featuring entertainment in the nature of live visual and audio
                performances, and musical, variety, news and comedy shows
                Class 041. First use:
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 85 of 127 PageID #:85


                    education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; entertainment in the nature of live visual and audio performances,
                    namely, musical band, rock group, gymnastic, dance, and ballet performances;
                    entertainment services, namely, providing musical, variety, news and comedy
                    shows via global computer information network; entertainment services, namely,
                    providing on-line computer games for children and adults; organization of
                    community sporting and cultural events; publication of books, magazines,
                    journals, manuals, brochures, and leaflets
                    Class 042. First use:
                    computer programming for others; rental of data processing equipment; rental of
                    computer hardware and software; design for others in the field of
                    telecommunications equipment; maintenance and repair of computer software;
                    installation of computer software

U.S. Registration   2282432                        Application Date      02/27/1997
No.
Registration Date   10/05/1999                     Foreign Priority      08/31/1996
                                                   Date
Word Mark           T-MOBILE
Design Mark




Description of      NONE
Mark
Goods/Services      Class 009. First use:
                    Telecommunications equipment, namely, computer programs for operating
                    telecommunications systems, computer programs for providing multiple-user
                    access to the global communications network for the transfer and dissemination
                    of a wide range of information, magnetic, electric and optical networks
                    comprising of data transmitters consisting of digital end instruments that convert
                    user information into data signals for transmission or reconvert the received data
                    signals into user information and equipment that transfers data between data
                    terminals, storage apparatus, signaling devices, namely, equipment that
                    generates, transfers and receives information over a communications network
                    by electrical or optical means, termination equipment, namely, components that
                    connect an appropriate bridge, normally of the characteristic impedance, across
                    a circuit to provide stability; word processors, computers, namely,
                    microcomputers, minicomputers, computer central processors, microprocessors,
                    computer monitors, computer keyboards, computer terminals, computer
                    interface boards, computer laser printers, computer impact printers, computer
                    dot matrix printers, computer operating systems, computers and instructional
                    manuals sold as a unit, computer interface apparatus, namely, computer
                    modems, computer mouse and mouse pad, computer peripherals and parts
                    thereof; computer programs for use in operating business management systems
                    and related instruction manuals sold as a unit; audio, video and data
                    communications equipment, namely, digital and analogue signal transmitters,
                    receivers and converters, radio and telephone transmitters, receivers and
                    servers, electronic mail hardware and software for electronic exchange of data
                    images and messages, remote controls and set-top units for televisions,
                    cinematographic television and amusement equipment, namely, signal decoders
                    and interactive audio and video conferencing equipment to facilitate interaction
                    between consumers and providers of goods and services; chronographs for use
                    as specialized time recording apparatus, blank computer discs, blank computer
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 86 of 127 PageID #:86


                floppy disks, blank computer hard discs; compact disc players, audio and video
                tape recorders, audio and video tape players, audio and video cassette
                recorders, audio and video cassette players, blank audio and video tapes,
                cassettes, discs and microfiche; audio and video tapes, cassettes, discs and
                microfiche featuring information concerning telecommunications; video monitors,
                automatic vending machines and timing mechanisms therefor, and parts thereof;
                magnetic coded card readers, magnetic cards, blank magnetic data carriers,
                demagnitizers for magnetic tapes, and parts thereof; computer, data and video
                networking and conferencing equipment, namely, teleconferencing equipment,
                audiovisual teaching equipment, namely, overhead film, photographic and slide
                projectors, projection screens, computers that display information on an
                overhead screen, intercoms; telephones, telephone answering machines,
                teleprinters, teletypewriters, caller identification boxes, radio operated telephone
                equipment, audio operated relays, wireless and cellular telephones and
                answering machines, pagers, portable computers, facsimile machines, wireless
                fax machines, personal communications equipment, namely, personal digital
                assistants (PDA), calculators and related peripherals, namely, cases for carrying
                pocket calculators, satellites and satellite communication earth stations both
                stationary and moveable; prerecorded compact discs, audio cassette tapes,
                video cassette tapes, digital audio tapes and digital video discs featuring
                musical, variety, news and comedy shows; and computer game programs for
                children and adults
                Class 014. First use:
                jewelry, horological instruments, namely, clocks and watches; chronometers and
                chronographs
                Class 016. First use:
                printed matter, namely, books or magazines on telecommunications; printed
                instructional and teaching material on telecommunications; stationery
                Class 018. First use:
                Umbrellas; parasols, goods made of leather and imitations of leather, namely,
                wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                tickets, purses, writing cases, namely, briefcase type portfolios, suitcases,
                traveling bags, and briefcases; trunks for travel and travel bags
                Class 025. First use:
                clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts;
                headwear; footwear
                Class 028. First use:
                Video and computer game cartridges; board games, parlor games, card games,
                toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                namely, cycling equipment and accessories, namely, stationary cycles, football
                equipment and accessories, namely, footballs, football shoulder pads, football
                girdles, football body protectors, football knee, elbow, chest and leg pads,
                soccer equipment and accessories, namely, soccer balls, soccer ball goal nets,
                soccer ball knee pads, baseball equipment and accessories, namely, baseballs,
                baseball bats, baseball bases, baseball mitts, baseball gloves, basketball
                equipment and accessories, namely, basketballs, basketball goals, basketball
                nets
                Class 036. First use:
                financing services; real estate brokerage; real estate appraisal, real estate
                investment; real estate listing; real estate management
                Class 037. First use:
                custom construction and building renovation; construction planning, construction
                supervision; maintenance and repair of telecommunications networks, apparatus
                and instruments; installation of telecommunications networks, apparatus and
                instruments; maintenance and repair of computer networks and computer
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 87 of 127 PageID #:87


                    hardware; installation of computer networks and computer hardware
                    Class 038. First use:
                    Telecommunication services, namely, electric, digital, cellular and wireless
                    transmission of voice, data, information, images, signals and messages, namely,
                    providing telecommunications connections over a global communications
                    network, electronic mail, voice mail and messaging services, audio and video
                    teleconferencing, rental of telecommunications equipment, namely, equipment
                    for electronic access to global telecommunications network, equipment for
                    transmitting, receiving, recording and monitoring voice, data, information,
                    images, signals, messages, data and word processors, computer programs for
                    use in operating and accessing telecommunications systems; audio and video
                    broadcasting featuring entertainment in the nature of live visual and audio
                    performances, and musical, variety, news and comedy shows; providing
                    information in the field of telecommunications via global computer networks
                    Class 041. First use:
                    education in the nature of classes and seminars in the fields of business,
                    telecommunications and computers, and the distribution of course materials
                    therewith; entertainment in the nature of live visual and audio performances,
                    namely, musical band, rock group, gymnastic, dance, and ballet performances;
                    entertainment services, namely, providing musical, variety, news and comedy
                    shows via a global computer information network; entertainment services,
                    namely, providing on-line computer games for children and adults; organization
                    of community sporting and cultural events; publication of books, magazines,
                    journals, manuals, brochures, and leaflets
                    Class 042. First use:
                    computer programming for others; rental of data processing equipment; rental of
                    computer hardware and software; design for others in the field of
                    telecommunications equipment; maintenance and repair of computer software;
                    installation of computer software

U.S. Registration   3216527                        Application Date     08/16/2005
No.
Registration Date   03/06/2007                     Foreign Priority     NONE
                                                   Date
Word Mark           T
Design Mark




Description of      NONE
Mark
Goods/Services      Class 042. First use: First Use: 2006/01/01 First Use In Commerce: 2006/01/01
                    Computer programming services for others; rental of computer software and
                    hardware for online access; data encryption services; application service
                    provider, namely, hosting computer software applications for others, hosting of
                    digital content on the internet; hosting the websites of others on a computer
                    server for a global computer network; computer services, namely, creating
                    indexes of information available on computer networks; providing information via
 Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 88 of 127 PageID #:88


                      the telephone and the global communication networks in the field of information
                      technology; consulting services in the field of design, selection, implementation
                      and use of computer hardware and software systems for others; installation,
                      maintenance and repair of computer software; technical project planning
                      services related to telecommunications equipment; providing information at the
                      specific request of end-users by means of telephone or global communications
                      networks; providing temporary use of online non-downloadable
                      telecommunications software for providing multiple user access to the global
                      computer network

 U.S. Application/               NONE                 Application Date                NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T-SYSTEMS
 Goods/Services                  telecommunication and information technology goods and services

 U.S. Application/               NONE                 Application Date                NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T-SYSTEM
 Goods/Services                  telecommunication and information technology goods and services

 U.S. Application/               NONE                 Application Date                NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T
 Goods/Services                  telecommunication and information technology goods and services

 U.S. Application/               NONE                 Application Date                NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T-MOBILE
 Goods/Services                  telecommunication and information technology goods and services


 Related              91201618
 Proceedings

 Attachments          75093059#TMSN.gif ( 1 page )( bytes )
                      75095185#TMSN.gif ( 1 page )( bytes )
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                      78693813#TMSN.jpeg ( 1 page )( bytes )
                      78500717#TMSN.jpeg ( 1 page )( bytes )
                      75095186#TMSN.gif ( 1 page )( bytes )
                      75248964#TMSN.gif ( 1 page )( bytes )
                      75248963#TMSN.gif ( 1 page )( bytes )
                      78693698#TMSN.jpeg ( 1 page )( bytes )
                      THE TSYSTEMEV STAT 85305952.pdf ( 9 pages )(44025 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 Overnight Courier on this date.
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 89 of 127 PageID #:89




Signature       /Jason L. White/
Name            Jason L. White
Date            01/11/2012
   Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 90 of 127 PageID #:90



            IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
              BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD


In the matter of trademark application Serial No. 85/305,952
Filed: April 27, 2011
For the mark: T SYSTEMEV STAT
Published in the Official Gazette on: September 13, 2011


DEUTSCHE TELEKOM AG,                        )
                                            )
                              Opposer,      )
                                            )
       v.                                   )       Opposition No.: Pending
                                            )
T-SYSTEM, INC.,                             )
                                            )
                              Applicant.    )


                                 NOTICE OF OPPOSITION


       Opposer, Deutsche Telekom AG (hereinafter “DTAG” ), believes that it is being and will

be damaged by registration of the mark T SYSTEMEV STAT in application 85/305,952 for use

in connection with “computer software used to analyze medical emergency department data for

use by clinicians and hospital administration” in International Class 09. DTAG hereby opposes

the same pursuant to Section 13(a) of the Trademark Act of 1946, as amended (the “Lanham

Act”), 15 U.S.C. § 1063(a).

                                  The Parties and the Marks

       1.     DTAG is a corporation organized under the laws of the Federal Republic of

Germany, with its principal place of business located at Friedrich-Ebert-Allee 140, Bonn, 53113.

       2.     DTAG and its affiliates are one of the world’s largest telecommunication and

information technology service providers. Both DTAG and its affiliates, including T-Systems,

U.S.A. and T-Mobile, U.S.A., offer a broad range of telecommunication and information
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 91 of 127 PageID #:91



technology goods and services under DTAG’s family of “T” marks, including the marks “T-

SYSTEMS,” “T-MOBILE,” and other “T” formatives (collectively, the “DTAG Marks”). These

DTAG Marks are among DTAG’s core brands and are integral to its corporate identity. In this

regard, DTAG has extensively used and promoted the DTAG Marks in domestic and

international commerce. Indeed, these marks have been widely used and registered by DTAG on

a worldwide basis for many years in a stand alone form, as a stand alone design element, in

combination with additional words, numbers, designs and/or device elements, in numerous

colors, and in black and white. (See Exhibit A for a non-exhaustive, representative sample of the

DTAG Marks in the U.S.). As part of its family of DTAG Marks, the “T-SYSTEMS” brand has

been widely registered and/or used as trademarks, domain names, company names, and in

various other mediums both in singular and plural form (collectively, the “T-SYSTEMS

Marks”). As a result of this extensive use, advertising, and promotion, the T-SYSTEMS Marks

have become well-known as distinctive indicators of the origin of DTAG’s goods and services

and have become a valuable symbol of DTAG’s goodwill.

       3.      The DTAG Marks constitute a series or family of marks that are owned by and

are in the name of DTAG or its affiliates, are well-known trademarks, and are subject to a

number of trademark applications and registrations worldwide, some of which are now

incontestable under 15 U.S.C. § 1065. (See Exhibit A).

       4.       The T-SYSTEMS Marks are well-known trademarks and are subject to a number

of trademark applications and registrations worldwide, some of which are now incontestable

under 15 U.S.C. § 1065. (See the first two entries in Exhibit A for the earliest U.S. registrations

depicting the T-SYSTEMS Marks).




                                                 2
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       5.      Upon information and belief, applicant T-System, Inc. (“TSI”) is a corporation

organized under the laws of Texas, with its principal place of business located at 4020 McEwen

Drive, Suite 281, Dallas, Texas 75244.

       6.      Despite the existence of a “Trademark Use and Registration Agreement” entered

into by DTAG and TSI on March 3, 2004, prohibiting TSI from registering certain T-SYSTEM-

type marks, TSI’s application Serial No. 85/305,952 fully incorporates, is dominated in both

sight and sound by, and creates a clear commercial impression of the words “T SYSTEM”

(“TSI’s Application”).

                 Likelihood of Confusion With DTAG’s Prior Registrations
                                Section 2(d), 15 U.S.C. § 1052(d)
       7.      DTAG repeats and realleges each and every allegation set forth in Paragraphs 1-6.

       8.      DTAG’s rights in its T-SYSTEMS Marks date back to at least as early as April

23, 1996, the filing dates for U.S. Reg. Nos. 2,448,571 and 2,460,631. (See Exhibit A). Since

this time, DTAG continuously has used its T-SYSTEMS Marks, and formatives of the same, in

U.S. and international commerce. The filing date of TSI’s Application is April 27, 2011, and it

is based on an intent to use in U.S. commerce. DTAG therefore has priority based on its prior

use and valid and subsisting T-SYSTEMS Marks and registrations.

       9.      TSI’s Application consists of the letter “T” followed by the term “SYSTEMEV

STAT.” DTAG’s T-SYSTEMS Marks make use of and predominantly feature the letter “T”

followed by “SYSTEM” or “SYSTEMS.” The respective marks are therefore highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

       10.     The DTAG Marks as a whole consist of and predominantly feature the letter “T”

and often include various other words, such as “SYSTEMS” and “MOBILE.” The TSI



                                                3
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 93 of 127 PageID #:93



Application follows the same distinct pattern as the DTAG Marks and is thus highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

       11.     The identical nature of the DTAG Marks and the TSI Application in sight and

commercial impression is particularly pronounced given the nature of the claimed goods and

services in the TSI Application, namely, computer software in International Class 09.

       12.     The DTAG Marks claim numerous telecommunication and information

technology goods and services in many International Classes, but focus heavily on

telecommunication goods and services in International Classes 09, 38, and 42, as set forth in

more detail in Exhibit A. As a result, the goods and services, as well as relevant consumers and

channels of trade, of the DTAG Marks and subsequent TSI Application are identical.

       13.     On information and belief, TSI adopted its mark years after DTAG’s established

worldwide use and promotion of the DTAG Marks for its telecommunication and information

technology goods and services, and TSI modeled its trademark filings after the branding strategy

established by DTAG for the DTAG Marks.

       14.     TSI’s junior use of an identical branding strategy and a highly similar, if not

identical mark, for use in connection with identical telecommunication and information

technology goods and services overlaps and duplicates the DTAG Marks, as well as the goods

and services, and will inevitably lead consumers to believe that DTAG is the source of the

products, or that TSI is affiliated, endorsed or sponsored by DTAG, all in violation of DTAG’s

rights in the DTAG Marks.

       15.     For the foregoing reasons, DTAG believes and alleges that it is being and will be

damaged by the registration of TSI’s Application Serial No. 85/305,952.




                                                 4
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                Likelihood of Confusion With DTAG’s Common Law Rights
                                Section 2(d), 15 U.S.C. § 1052(d)
        16.    DTAG repeats and realleges each and every allegation set forth in Paragraphs 1-

15.

        17.    Based on its continuous use of the DTAG Marks in U.S. commerce, these marks

have become distinctive source indicators of the various telecommunication and information

technology goods and services offered by DTAG, and DTAG has not abandoned these common

law rights.

        18.    DTAG’s rights in the DTAG Marks are well prior to the filing date of TSI’s

Application, April 27, 2011. DTAG therefore has priority based on its prior and subsisting use

of the DTAG Marks.

        19.    TSI’s Application consists of the letter “T” followed by the term “SYSTEMEV

STAT.” DTAG’s T-SYSTEMS Marks make use of and predominantly feature the letter “T”

followed by “SYSTEM” or “SYSTEMS.” The respective marks are therefore highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

        20.    The DTAG Marks as a whole consist of and predominantly feature the letter “T”

and often include various other words, such as “SYSTEMS” and “MOBILE.” The TSI

Application follows the same distinct pattern as the DTAG Marks and is thus highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

        21.    The identical nature of the DTAG Marks and the TSI Application in sight and

commercial impression is particularly pronounced given the nature of the claimed goods and

services in the TSI Application, namely, computer software in International Class 09.

        22.    The DTAG Marks are used in connection with various telecommunication and

information technology goods and services. As a result, the goods and services, as well as


                                                5
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 95 of 127 PageID #:95



relevant consumers and channels of trade, of the senior DTAG Marks and subsequent TSI

Application are identical.

       23.     On information and belief, TSI adopted its mark years after DTAG’s established

worldwide use and promotion of the DTAG Marks for its telecommunication and information

technology goods and services and modeled its trademark filings after the branding strategy

established by the DTAG Marks.

       24.     TSI’s junior use of an identical branding strategy and a highly similar, if not

identical mark, for use in connection with identical telecommunication and information

technology goods and services overlaps and duplicates the DTAG Marks, as well as the goods

and services, and will inevitably lead consumers to believe that DTAG is the source of the

products, or that TSI is affiliated, endorsed or sponsored by DTAG, all in violation of DTAG’s

rights in the DTAG Marks.

       25.     For the foregoing reasons, DTAG believes and alleges that it is being and will be

damaged by the registration of TSI’s Application Serial No. 85/305,952.

       WHEREFORE, DTAG respectfully requests that application Serial No. 85/305,952 be

refused registration and judgment in the present opposition be entered in favor of the DTAG and

against TSI, with prejudice.




                                                 6
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 96 of 127 PageID #:96



                                  Respectfully submitted,

                                  DEUTSCHE TELEKOM AG

                                  By:          /Jason L. White/   .
                                         Michael D. Adams
                                         Jason L. White
                                         MAYER BROWN, LLP
                                         P.O. Box 2828
                                         Chicago, IL 60690-2828
                                         (312) 701-8713


                                         Attorney for Opposer




                                     7
           Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 97 of 127 PageID #:97



                                            Exhibit A

                                 Deutsche Telekom’s Registrations

Mark       Image                                 Registration   Registration   Class(es)
                                                 No.            Date
T System   T-System                              2448571        5-8-2001       9, 16, 36, 37, 38, 41,
                                                                               42
T System                                         2460631        6-19-2001      9, 16, 36, 37, 38, 41,
                                                                               42
T                                                2472584        7-31-2001      9, 36, 37, 38, 41

T                                                3538688        11-25-2008     42

T                                                2508277        11-20-2001     9, 16, 25, 36, 38, 42




T                                                3216527        3-6-2007       42




T Mobile                                         3076000        4-4-2006       42


T Mobile                                         2941016        4-19-2005      9, 16, 36, 37, 38, 41,
                                                                               42

T Mobile                                         2284387        10-12-1999     9, 14, 16, 18, 25, 28,
                                                                               36, 37, 38, 41, 42


T-Mobile   T-Mobile                              2282432        10-5-1999      9, 14, 16, 18, 25, 28,
                                                                               36, 37, 38, 41, 42
    Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 98 of 127 PageID #:98



                                  CERTIFICATE OF SERVICE


        I hereby certify that, on this 11th day of January, 2012, this Notice of Opposition is being

sent via UPS Overnight and email to:

                                       JOHN M. CONE
                                       HITCHCOCK EVERT LLP
                                       PO BOX 131709
                                       DALLAS, TX 75313-1709




                                              By:       /Jason L. White/         .
                                                    Jason L. White




700993665
 Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 99 of 127 PageID #:99


                                             Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
                                                                   ESTTA Tracking number:           ESTTA450524
                                                                                 Filing date:         01/11/2012
                      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                  Deutsche Telekom AG
 Granted to Date       01/11/2012
 of previous
 extension
 Address               Friedrich-Ebert-Allee 140
                       Bonn, 53113
                       GERMANY

 Attorney              Michael D. Adams
 information           Mayer Brown LLP
                       P.O. Box 2828
                       Chicago, IL 60690-2828
                       UNITED STATES
                       ipdocket@mayerbrown.com Phone:312-701-8713

Applicant Information
 Application No        85298588                          Publication date          09/13/2011
 Opposition Filing     01/11/2012                        Opposition                01/11/2012
 Date                                                    Period Ends
 Applicant             T-SYSTEM, INC.
                       Suite 281 4020 McEwen Drive
                       Dallas, TX 752445091
                       UNITED STATES

Goods/Services Affected by Opposition
 Class 009. First Use: 2000/10/00 First Use In Commerce: 2000/10/00
 All goods and services in the class are opposed, namely: computer programs for creating,
 maintaining and organizing emergency room medical records to be distributed exclusively to health
 care providers

Grounds for Opposition
 Priority and likelihood of confusion                    Trademark Act section 2(d)

Marks Cited by Opposer as Basis for Opposition
 U.S. Registration     2448571                           Application Date          04/23/1996
 No.
 Registration Date     05/08/2001                        Foreign Priority          NONE
                                                         Date
 Word Mark             T-SYSTEM
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 100 of 127 PageID #:100


 Design Mark




 Description of   NONE
 Mark
 Goods/Services   Class 009. First use:
                  electric, electronic, optical, measuring, signalling, controlling or teaching
                  apparatus and instruments, all for use with telecommunications, namely,
                  apparatus for producing sound, images or data, magnetic and optical data
                  carriers, data processors and computers, namely, microcomputers,
                  minicomputers, computer central processors, computer monitors, computer
                  keyboards, computer terminals, computer interface boards, computer memories,
                  computer laser printers, computer impact printers, computer dot matrix printers,
                  computer operating systems, computers and instructional manuals sold as a
                  unit, computer interface apparatus, namely, computer modems, computer
                  mouse and mouse pad, computer peripherals and parts thereof; computer
                  programs and data bases for use in operating telecommunications and business
                  management systems and related instruction manuals sold as a unit; optical
                  cables, optic filters, optical scanners, optical character readers, optical discs,
                  optical fibers, optical glass for signal transmission, optic transmitters, optic
                  receivers, optical signal processing apparatus, optic switches, optical networks
                  comprising communication transmission switching and reception apparatus,
                  optical attenuators, optical amplifiers, optical character recognition apparatus,
                  and parts thereof; audio, video and data communications systems, namely,
                  digital and analogue signal transmitters, receivers and converters, radio and
                  telephone transmitters, receivers and servers, stationary, wireless and cellular
                  telephone systems and answering machines, telecommunication transmission,
                  receiving and storage apparatus, telecommunications transmitting sets, data
                  transmitters, facsimile machines, electronic mail apparatus for electronic
                  exchange of data images and messages, remote controls and set-top units,
                  cinematographic television and amusement equipment, namely, signal decoders
                  and interactive audio and video equipment to facilitate interaction between
                  consumers and providers of goods and services; electrical wire, electrical wire
                  connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                  printed circuit boards, electric circuit boards, circuit connectors, electrical
                  controllers, electrical converters, electrical fuses, electric luminescent display
                  panels, electrical switch plates, electric plugs, antennas, electrical cables,
                  computer cables, computer chips, silicon chips, chronographs for use as
                  specialized time recording apparatus, electric coils, computer buffers, blank
                  computer discs, blank computer floppy disks, computer hard discs, electrical
                  conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                  thereof; compact disc players, audio and video tape recorders, audio and video
                  tape players, audio and video cassette recorders, audio and video cassette
                  players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                  video tapes, cassettes, discs and microfiche featuring information concerning
                  telecommunications, personal and business management systems; video
                  monitors, automatic vending machines and timing mechanisms therefor, and
                  parts thereof; data processors and readers, word processors, magnetic coded
                  card readers, magnetic cards, electronic encryption units, lasers, light emitting
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 101 of 127 PageID #:101


                 diodes, light emitting diode displays, microprocessors, blank magnetic data
                 carriers, demagnetizers for magnetic tapes, and parts thereof; communications
                 and video transmission switching and reception apparatus; computer, data and
                 video networking and conferencing equipment, namely, teleconferencing
                 equipment, audiovisual teaching equipment, overhead film, photographic and
                 slide projectors, projection screens, computer based information display
                 equipment, namely, computers which display information on an overhead
                 screen, intercoms; telephones, telephone answering machines, telephone
                 transmitters, telephone networks, telephone wires, teleprinters, teletypewriters,
                 and parts thereof, namely, caller identification boxes, radio telephone equipment
                 and accessories, namely, call boxes and systems, dialing assembiles, telephone
                 units, audio operated relays, signalling devices, receiving devices, termination
                 equipment, filters, protectors and automatic signalling and control equipment,
                 telemeters, wireless and cellular telephones, pagers, paging equipment,
                 portable computer devices, facsimile transmitters and receivers, wireless fax
                 machines, personal communications equipment, namely, Personal Digital
                 Assistants (PDA), calculators and related peripherals; satellite processors,
                 satellites and satellite communication earth stations both stationary and
                 moveable, prerecorded compact discs, audio cassette tapes, video cassette
                 tapes, digital audio tapes and digital video discs featuring musical, variety, news
                 and comedy shows; and computer game programs for children and adults
                 Class 016. First use:
                 printed matter, namely, books or magazines on telecommunications; printed
                 instructional and teaching material on telecommunications; stationery
                 Class 036. First use:
                 financing services; real estate brokerage; real estate appraisal, real estate
                 investment; real estate listing; real estate management
                 Class 037. First use:
                 custom construction and building renovation; construction planning, construction
                 supervision; maintenance and repair of telecommunications networks, apparatus
                 and instruments; installation of telecommunications networks, apparatus and
                 instruments; installation, maintenance and repair of computer networks and
                 computer hardware
                 Class 038. First use:
                 telecommunication services, namely, electronic mail services; audio and video
                 teleconferencing; electronic, electric and digital transmission of voice, data,
                 information, images, signals and messages; rental of apparatus for
                 telecommunications, namely, rental of electronic access, transmission, receiver,
                 recording and monitoring equipment comprised of telecommunications hardware
                 and software including components and peripherals thereof for use in the
                 telecommunications industry; audio and video broadcasting featuring
                 entertainment in the nature of visual and audio performances, and musical,
                 variety, news and comedy shows
                 Class 041. First use:
                 education in the nature of classes and seminars in the fields of business,
                 telecommunications and computers, and the distribution of course materials
                 therewith; entertainment in the nature of visual and audio performances, namely,
                 musical band, rock group, gymnastic, dance, and ballet performances;
                 entertainment services, namely, providing musical, variety, news and comedy
                 shows via a global computer information network; entertainment services,
                 namely, providing on-line computer games for children and adults; organization
                 of community sporting and cultural events; publication of books, magazines,
                 journals, manuals, brochures, and leaflets
                 Class 042. First use:
                 computer programming for others; leasing access time to a computer data base
                 in the field of telecommunications; rental of data processing equipment; rental of
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 102 of 127 PageID #:102


                     computer hardware and software; design for others in the field of
                     telecommunications equipment; installation, maintenance and repair of
                     computer software

 U.S. Registration   2460631                          Application Date       04/23/1996
 No.
 Registration Date   06/19/2001                       Foreign Priority       NONE
                                                      Date
 Word Mark           T SYSTEM
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 009. First use:
                     electric, electronic, optical, measuring, signalling, controlling or teaching
                     apparatus and instruments, all for use with telecommunications, namely,
                     apparatus for producing sound, images or data, [magnetic and optical data
                     carriers, data processors and computers, namely, microcomputers,
                     minicomputers, computer central processors, computer monitors, computer
                     keyboards, computer terminals, computer interface boards, computer memories,
                     computer laser printers, computer impact printers, computer dot matrix printers,
                     computer operating systems, computers and instructional manuals sold as a
                     unit, computer interface apparatus, namely, computer modems, computer
                     mouse and mouse pad, computer peripherals and parts thereof; ]computer
                     programs and data bases for use in operating telecommunications and business
                     management systems and related instruction manuals sold as a unit; [optical
                     cables, optic filters, optical scanners, optical character readers, optical discs,
                     optical fibers, optical glass for signal transmission, optic transmitters, optic
                     receivers, optical signal processing apparatus, optic switches, optical networks
                     comprising communication transmission switching and reception apparatus,
                     optical attenuators, optical amplifiers, optical character recognition apparatus,
                     and parts thereof;] audio, video and data communications systems, namely,
                     digital and analogue signal transmitters, receivers and converters, radio and
                     telephone transmitters, receivers and servers, stationary, wireless and cellular
                     telephone systems [and answering machines, ]telecommunication transmission,
                     receiving and storage apparatus, telecommunications transmitting sets, data
                     transmitters,[ facsimile machines] electronic mail apparatus for electronic
                     exchange of data images and messages,[ remote controls and set-top units,]
                     cinematographic television and amusement equipment, namely, signal decoders
                     and interactive audio and video equipment to facilitate interaction between
                     consumers and providers of goods and services; [electrical wire, electrical wire
                     connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                     printed circuit boards, electric circuit boards, circuit connectors, electrical
                     controllers, electrical converters, electrical fuses, electric luminescent display
                     panels, electrical switch plates, electric plugs, antennas, electrical cables,
                     computer cables, computer chips, silicon chips, chronographs for use as
                     specialized time recording apparatus, electric coils, computer buffers, blank
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 103 of 127 PageID #:103


                 computer discs, blank computer floppy disks, computer hard discs, electrical
                 conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                 thereof; compact disc players, audio and video tape recorders, audio and video
                 tape players, audio and video cassette recorders, audio and video cassette
                 players, blank audio and video tapes, cassettes, discs and microfiche; audio and
                 video tapes, cassettes, discs and microfiche featuring information concerning
                 telecommunications, personal and business management systems; video
                 monitors, automatic vending machines and timing mechanisms therefor, and
                 parts thereof; data processors and readers, word processors, magnetic coded
                 card readers, magnetic cards, electronic encryption units, lasers, light emitting
                 diodes, light emitting diode displays, microprocessors, blank magnetic data
                 carriers, demagnetizers for magnetic tapes, and parts thereof;] communications
                 and video transmission switching and reception apparatus; computer, data and
                 video networking and conferencing equipment, namely, teleconferencing
                 equipment, [audiovisual teaching equipment, overhead film, photographic and
                 slide projectors, projection screens, computer based information display
                 equipment, namely, computers which display information on an overhead
                 screen, intercoms;] telephones,[ telephone answering machines,] telephone
                 transmitters, telephone networks,[ telephone wires, teleprinters, teletypewriters,]
                 and parts thereof, namely, [caller identification boxes,] radio telephone
                 equipment and accessories, namely, [call boxes and systems, dialing
                 assemblies, telephone units,] audio operated relays, signalling devices,
                 receiving devices, termination equipment, filters, protectors and automatic
                 signalling and control equipment, telemeters, wireless and cellular telephones,
                 pagers, paging equipment, portable computer devices, [facsimile transmitters
                 and receivers, wireless fax machines, personal communications equipment,
                 namely, Personal Digital Assistants (PDA), calculators and related peripherals;]
                 satellite processors, satellites and satellite communication earth stations both
                 stationary and moveable,[ prerecorded compact discs, audio cassette tapes,
                 video cassette tapes, digital audio tapes and digital video discs featuring
                 musical, variety, news and comedy shows; and computer game programs for
                 children and adults]
                 Class 016. First use:
                 printed matter, namely, books or magazines on telecommunications [; printed
                 instructional and teaching material on telecommunications; stationery]
                 Class 036. First use:
                 financing services[; real estate brokerage; real estate appraisal, real estate
                 investment; real estate listing; real estate management]
                 Class 037. First use:
                 [custom construction and building renovation; construction planning,
                 construction supervision;] maintenance and repair of telecommunications
                 networks, apparatus and instruments; installation of telecommunications
                 networks, apparatus and instruments; installation, maintenance and repair of
                 computer networks and computer hardware
                 Class 038. First use:
                 telecommunication services, namely, electronic mail services; audio and video
                 teleconferencing; electronic, electric and digital transmission of voice, data,
                 information, images, signals and messages [; rental of apparatus for
                 telecommunications, namely, rental of electronic access, transmission, receiver,
                 recording and monitoring equipment comprised of telecommunications hardware
                 and software including components and peripherals thereof for use in the
                 telecommunications industry; audio and video broadcasting featuring
                 entertainment in the nature of visual and audio performances, and musical,
                 variety, news and comedy shows]
                 Class 041. First use:
                 [education in the nature of classes and seminars in the fields of business,
                 telecommunications and computers, and the distribution of course materials
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 104 of 127 PageID #:104


                     therewith;] entertainment in the nature of visual and audio performances,
                     namely, musical band, rock group, gymnastic, dance, and ballet performances;
                     entertainment services, namely, providing musical, variety, news and comedy
                     shows via a global computer information network; entertainment services,
                     namely, providing on-line computer games for children and adults;[ organization
                     of community sporting and cultural events; publication of books, magazines,
                     journals, manuals, brochures, and leaflets]
                     Class 042. First use:
                     computer programming for others; [leasing access time to a computer data base
                     in the field of telecommunications; rental of data processing equipment; rental of
                     computer hardware and software;] design for others in the field of
                     telecommunications equipment; installation, maintenance and repair of
                     computer software

 U.S. Registration   2472584                          Application Date       08/24/1995
 No.
 Registration Date   07/31/2001                       Foreign Priority       NONE
                                                      Date
 Word Mark           T
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 009. First use:
                     [ electric, electronic, optical, measuring, signalling, controlling or teaching
                     apparatus and instruments, all for use with telecommunications, namely,
                     apparatus for producing sound, images or data, magnetic and optical data
                     carriers, data processors and computers, namely, microcomputers,
                     minicomputers, computer central processors, computer monitors, computer
                     keyboards, computer terminals, computer interface boards, computer memories,
                     computer laser printers, computer impact printers, computer dot matrix printers,
                     computer operating systems, computers and instructional manuals sold as a
                     unit, computer interface apparatus, namely, computer modems, computer
                     mouse and mouse pad, computer peripherals and parts thereof; ] computer
                     programs and data bases for use in operating telecommunications; [ and
                     business management systems and related instruction manuals sold as a unit;
                     optical cables, optic filters, optical scanners, optical character readers, optical
                     discs, optical fibers, optical glass for signal transmission, optic transmitters, optic
                     receivers, optical signal processing apparatus, optic switches, optical networks
                     comprising communication transmission switching and reception apparatus,
                     optical attenuators, optical amplifiers, optical character recognition apparatus,
                     and parts thereof; ] audio,(( video)) and data ((communications systems,))
                     namely, digital and analogue signal transmitters, receivers and converters, radio
                     ((and telephone)) transmitters, receivers and ((servers,)) ((stationary,)) wireless
                     and cellular ((telephone systems,)) [ and answering machines, ]
                     telecommunication transmission, receiving and storage apparatus,
                     telecommunications transmitting sets, data transmitters, [ facsimile machines, ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 105 of 127 PageID #:105


                 electronic mail apparatus for electronic exchange of data images and messages,
                 [ remote controls and set-top units, cinematographic television and amusement
                 equipment, namely, signal decoders and interactive audio and video equipment
                 to facilitate interaction between consumers and providers of goods and services;
                 electrical wire, electrical wire connectors, integrated circuits, printed circuits,
                 electric circuits, circuit breakers, printed circuit boards, electric circuit boards,
                 circuit connectors, electrical controllers, electrical converters, electrical fuses,
                 electric luminescent display panels, electrical switch plates, electric plugs,
                 antennas, electrical cables, computer cables, computer chips, silicon chips,
                 chronographs for use as specialized time recording apparatus, electric coils,
                 computer buffers, blank computer discs, blank computer floppy disks, computer
                 hard discs, electrical conductors, acoustic conduits, electrical conduits, fiber
                 optic conduits and parts thereof; compact disc players, audio and video tape
                 recorders, audio and video tape players, audio and video cassette recorders,
                 audio and video cassette players, blank audio and video tapes, cassettes, discs
                 and microfiche; audio and video tapes, cassettes, discs and microfiche featuring
                 information concerning telecommunications, personal and business
                 management systems; video monitors, automatic vending machines and timing
                 mechanisms therefor, and parts thereof; data processors and readers, word
                 processors, magnetic coded card readers, magnetic cards, electronic encryption
                 units, lasers, light emitting diodes, light emitting diode displays,
                 microprocessors, blank magnetic data carriers, demagnitizers for magnetic
                 tapes, and parts thereof; communications and video transmission switching and
                 reception apparatus; computer, data and video networking and conferencing
                 equipment, namely, teleconferencing equipment, audiovisual teaching
                 equipment, overhead film, photographic and slide projectors, projection screens,
                 computer based information display equipment, namely, computers which
                 display information on an overhead screen, intercoms;] telephones, [ telephone
                 answering machines, ] telephone transmitters, * AND * telephone networks; [
                 telephone wires, teleprinters, teletypewriters, and parts thereof, namely, caller
                 identification boxes, radio telephone equipment and accessories, namely, call
                 boxes and systems, dialing assemblies, telephone units, audio operated relays,
                 signalling devices, receiving devices, termination equipment, filters, protectors
                 and automatic signalling and control equipment, telemeters, ] wireless and
                 cellular telephones,(( pagers, paging equipment,)) portable computer devices, [
                 facsimile transmitters and receivers, wireless fax machines, ] personal
                 communications equipment, namely, Personal Digital Assistants (PDA), [
                 calculators ] and related peripherals; [ satellite processors, satellites and satellite
                 communication earth stations both stationary and moveable; baseball batting
                 helmets; prerecorded compact discs, audio cassette tapes, video cassette
                 tapes, digital audio tapes and digital video discs featuring musical, variety, news
                 and comedy shows; and ] computer game programs for children and adults
                 Class 014. First use:
                 [ jewelry, horological instruments, namely, clocks and watches; chronometers
                 and chronographs ]
                 Class 016. First use:
                 [ printed matter, namely, books or magazines on telecommunications; printed
                 instructional and teaching material on telecommunications; stationery ]
                 Class 018. First use:
                 [ umbrellas; parasols, goods made of leather and imitations of leather, namely,
                 wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                 tickets, or pocket calculators, purses, writing cases, namely, briefcase type
                 portfolios, suitcases, travelling bags, and briefcases; trunks for travel and travel
                 bags ]
                 Class 025. First use:
                 [ clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts,
                 headwear, footwear ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 106 of 127 PageID #:106


                     Class 028. First use:
                     [ video and computer game cartridges; board games, parlor games, card games,
                     toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                     toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                     namely, cycling equipment and accessories, namely, stationary cycles, football
                     equipment and accessories, namely, footballs, football shoulder pads, football
                     girdles, football protectors, football knee, elbow, chest and leg pads, soccer
                     equipment and accessories, namely, soccer balls, soccer ball goal nets, soccer
                     ball knee pads, baseball equipment and accessories, namely, baseballs,
                     baseball bats, baseball bases, baseball mitts, baseball gloves, baseball bats,
                     basket ball equipment and accessories, namely, basket balls, basket ball goals,
                     basket ball nets, and all parts related thereto ]
                     Class 036. First use:
                     financing services *, namely, FINANCING OF WIRELESS
                     TELECOMMUNICATION SERVICE PLANS AND PREPAID WIRELESS
                     TELECOMMUNICATIONS SERVICE PLANS * [ ; real estate brokerage; real
                     estate appraisal, real estate investment; real estate listing; real estate
                     management ]
                     Class 037. First use:
                     [ custom construction and building renovation; construction planning,
                     construction supervision;] ((maintenance and repair of telecommunications
                     networks,)) apparatus and instruments; ((installation of telecommunications
                     networks, apparatus and instruments;)) [ installation, maintenance and repair of
                     computer networks and computer hardware ]
                     Class 038. First use:
                     telecommunication services, namely, electronic mail services; [ audio and video
                     teleconferencing; ] electronic, electric and digital transmission of voice, data,
                     information, images, signals and messages; [ rental of apparatus for
                     telecommunications, namely, rental of electronic access, transmission, receiver,
                     recording and monitoring equipment comprised of telecommunications hardware
                     and software including components and peripherals thereof for use in the
                     telecommunications industry; ] audio [ and video ] broadcasting featuring
                     entertainment in the nature of [ visual ] * music * and audio performances [, and
                     musical, variety, news and comedy shows ]
                     Class 041. First use:
                     [ education in the nature of classes and seminars in the fields of business,
                     telecommunications and computers, and the distribution of course materials
                     therewith; entertainment in the nature of visual and audio performances, namely,
                     musical band, rock group, gymnastic, dance, and ballet performances; ]
                     entertainment services, namely, providing * music * [ musical, variety, news and
                     comedy shows ] via a global computer information network; entertainment
                     services, namely, providing on-line computer games for children and adults [ ;
                     organization of community sporting and cultural events; publication of books,
                     magazines, journals, manuals, brochures, and leaflets ]
                     Class 042. First use:
                     [ computer programming for others; leasing access time to a computer data
                     base in the field of telecommunications; rental of data processing equipment;
                     rental of computer hardware and software; design for others in the field of
                     telecommunications equipment; installation, maintenance and repair of
                     computer software ]

 U.S. Registration   3538688                        Application Date     08/16/2005
 No.
 Registration Date   11/25/2008                     Foreign Priority     02/17/2005
                                                    Date
 Word Mark           T
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 107 of 127 PageID #:107


 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 042. First use: First Use: 2002/06/00 First Use In Commerce: 2002/06/00
                     Computer programming services for others; application service provider,
                     namely, hosting computer software applications for others, hosting of digital
                     content on the Internet; hosting the websites of others on a computer server for
                     a global computer network; computer services, namely, creating indexes of
                     information available on computer networks; providing information via the
                     telephone and the global communication networks in the field of information
                     technology; installation, maintenance and repair of computer software; providing
                     information at the specific request of end-users by means of telephone or global
                     communications networks; providing temporary use of online non-downloadable
                     telecommunications software for providing multiple user access to the global
                     computer network

 U.S. Registration   2508277                        Application Date     08/24/1995
 No.
 Registration Date   11/20/2001                     Foreign Priority     NONE
                                                    Date
 Word Mark           T
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 009. First use:
                     electric, electronic, [optical, measuring, signalling, controlling or teaching]
                     apparatus and instruments , all for use with telecommunications, namely,
                     apparatus for producing sound, images or data, [magnetic and optical data
                     carriers, data processors and computers, namely, microcomputers,
                     minicomputers, computer central processors, computer monitors, computer
                     keyboards, computer terminals, computer interface boards, computer memories,
                     computer laser printers, computer impact printers, computer dot matrix printers,
                     computer operating systems, computers and instructional manuals sold as a
                     unit, computer interface apparatus, namely, computer modems, computer
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 108 of 127 PageID #:108


                 mouse and mouse pad, computer peripherals and parts thereof; computer
                 programs and data bases for use in operating telecommunications and business
                 management systems and related instruction manuals sold as a unit; optical
                 cables, optic filters, optical scanners, optical character readers, optical discs,
                 optical fibers, optical glass for signal transmission, optic transmitters, optic
                 receivers, optical signal processing apparatus, optic switches, optical networks
                 comprising communication transmission switching and reception apparatus,
                 optical attenuators, optical amplifiers, optical character recognition apparatus,
                 and parts thereof; ] audio, video and data communications systems, namely,
                 [digital and analogue signal transmitters, receivers and converters, radio and
                 telephone transmitters, receivers and servers, stationary,] wireless and cellular
                 telephone systems [ and answering machines, ] telecommunication
                 transmission,[ receiving and storage apparatus,] telecommunications
                 transmitting sets, [ data transmitters, facsimile machines, ] electronic mail
                 apparatus for electronic exchange of data images and messages, [remote
                 controls and set-top units, cinematographic television and amusement
                 equipment, namely, signal decoders and interactive audio and video equipment
                 to facilitate interaction between consumers and providers of goods and services;
                 electrical wire, electrical wire connectors, integrated circuits, printed circuits,
                 electric circuits, circuit breakers, printed circuit boards, electric circuit boards,
                 circuit connectors, electrical controllers, electrical converters, electrical fuses,
                 electric luminescent display panels, electrical switch plates, electric plugs,
                 antennas, electrical cables, computer cables, computer chips, silicon chips,
                 chronographs for use as specialized time recording apparatus, electric coils,
                 computer buffers, blank computer discs, blank computer floppy disks, computer
                 hard discs, electrical conductors, acoustic conduits, electrical conduits, fiber
                 optic conduits and parts thereof; compact disc players, audio and video tape
                 recorders, audio and video tape players, audio and video cassette recorders,
                 audio and video cassette players, blank audio and video tapes, cassettes, discs
                 and microfiche; audio and video tapes, cassettes, discs and microfiche featuring
                 information concerning telecommunications, personal and business
                 management systems; video monitors, automatic vending machines and timing
                 mechanisms therefor, and parts thereof; data processors and readers, word
                 processors, magnetic coded card readers, magnetic cards, electronic encryption
                 units, lasers, light emitting diodes, light emitting diode displays,
                 microprocessors, blank magnetic data carriers, demagnitizers for magnetic
                 tapes, and parts thereof; communications and video transmission switching and
                 reception apparatus; computer, data and video networking and conferencing
                 equipment, namely, teleconferencing equipment, audiovisual teaching
                 equipment, overhead film, photographic and slide projectors, projection screens,
                 computer based information display equipment, namely, computers which
                 display information on an overhead screen, intercoms; telephones, telephone
                 answering machines, telephone transmitters, telephone networks, telephone
                 wires, teleprinters, teletypewriters, and parts thereof, namely, caller identification
                 boxes,] radio telephone equipment and accessories, namely, [ call boxes and
                 systems, dialing assemblies,] telephone units, [audio operated relays, signalling
                 devices, receiving devices, termination equipment, filters, protectors and
                 automatic signalling and control equipment, telemeters,] wireless and cellular
                 telephones[ , pagers, paging equipment,] portable computer devices, [ facsimile
                 transmitters and receivers, wireless fax machines, personal communications
                 equipment, namely, Personal Digital Assistants (PDA), calculators and related
                 peripherals; satellite processors, satellites and satellite communication earth
                 stations both stationary and moveable; baseball batting helmets; prerecorded
                 compact discs, audio cassette tapes, video cassette tapes, digital audio tapes
                 and digital video discs featuring musical, variety, news and comedy shows;] and
                 computer game programs for children and adults
                 Class 014. First use:
                 [ jewelry, horological instruments, namely, clocks and watches; chronometers
                 and chronographs ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 109 of 127 PageID #:109


                 Class 016. First use:
                 [ printed matter, namely, books or magazines on telecommunications; printed
                 instructional and teaching material on telecommunications;] stationery
                 Class 018. First use:
                 [ umbrellas; parasols, goods made of leather and imitations of leather, namely,
                 wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                 tickets, or pocket calculators, purses, writing cases, namely, briefcase type
                 portfolios, suitcases,] travelling bags, and briefcases [; trunks for travel and
                 travel bags ]
                 Class 025. First use:
                 clothing, namely, shirts, [ dresses, pants,] jackets, coats, T-shirts, [ shorts,
                 headwear footwear ]
                 Class 028. First use:
                 [ video and computer game cartridges; board games, parlor games, card games,
                 toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                 toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                 namely, cycling equipment and accessories, namely, stationary cycles, football
                 equipment and accessories, namely, footballs, football shoulder pads, football
                 girdles, football protectors, football knee, elbow, chest and leg pads, soccer
                 equipment and accessories, namely, soccer balls, soccer ball goal nets, soccer
                 ball knee pads, baseball equipment and accessories, namely, baseballs,
                 baseball bats, baseball bases, baseball mitts, baseball gloves, baseball bats,
                 basket ball equipment and accessories, namely, basket balls, basket ball goals,
                 basket ball nets, and all parts related thereto ]
                 Class 036. First use:
                 financing services [ ; real estate brokerage; real estate appraisal, real estate
                 investment; real estate listing; real estate management ]
                 Class 037. First use:
                 [ custom construction and building renovation; construction planning,
                 construction supervision; maintenance and repair of telecommunications
                 networks, apparatus and instruments; installation of telecommunications
                 networks, apparatus and instruments; installation, maintenance and repair of
                 comuter networks and computer hardware ]
                 Class 038. First use:
                 telecommunication services, namely, electronic mail services; [audio and video
                 teleconferencing;] electronic, electric and digital transmission of voice, data,
                 information, images, signals and messages [; rental of apparatus for
                 telecommunications, namely, rental of electronic access, transmission, receiver,
                 recording and monitoring equipment comprised of telecommunications hardware
                 and software including components and peripherals thereof for use in the
                 telecommunications industry; audio and video broadcasting featuring
                 entertainment in the nature of visual and audio performances, and musical,
                 variety, news and comedy shows ]
                 Class 041. First use:
                 [ education in the nature of classes and seminars in the fields of business,
                 telecommunications and computers, and the distribution of course materials
                 therewith; entertainment in the nature of visual and audio performances, namely,
                 musical band, rock group, gymnastic, dance, and ballet performances;
                 entertainment services, namely, providing musical, variety, news and comedy
                 shows via a global computer information network; entertainment services,
                 namely, providing on-line computer games for children and adults; organization
                 of community sporting and cultural events; publication of books, magazines,
                 journals, manuals, brochures, and leaflets ]
                 Class 042. First use:
                 computer programming for others; [ leasing access time to a computer data
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 110 of 127 PageID #:110


                     base in the field of telecommunications; rental of data processing equipment;
                     rental of computer hardware and software; design for others in the field of
                     telecommunications equipment; installation, maintenance and repair of
                     computer software ]

 U.S. Registration   3216527                        Application Date     08/16/2005
 No.
 Registration Date   03/06/2007                     Foreign Priority     NONE
                                                    Date
 Word Mark           T
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 042. First use: First Use: 2006/01/01 First Use In Commerce: 2006/01/01
                     Computer programming services for others; rental of computer software and
                     hardware for online access; data encryption services; application service
                     provider, namely, hosting computer software applications for others, hosting of
                     digital content on the internet; hosting the websites of others on a computer
                     server for a global computer network; computer services, namely, creating
                     indexes of information available on computer networks; providing information via
                     the telephone and the global communication networks in the field of information
                     technology; consulting services in the field of design, selection, implementation
                     and use of computer hardware and software systems for others; installation,
                     maintenance and repair of computer software; technical project planning
                     services related to telecommunications equipment; providing information at the
                     specific request of end-users by means of telephone or global communications
                     networks; providing temporary use of online non-downloadable
                     telecommunications software for providing multiple user access to the global
                     computer network

 U.S. Registration   3076000                        Application Date     10/15/2004
 No.
 Registration Date   04/04/2006                     Foreign Priority     NONE
                                                    Date
 Word Mark           T MOBILE
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 042. First use:
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 111 of 127 PageID #:111


                     Application service provider, namely, [ hosting computer software applications
                     for others, ] hosting of digital content on the internet; hosting the websites of
                     others on a computer server for a global computer network, all for advertising
                     purposes

 U.S. Registration   2941016                          Application Date       04/23/1996
 No.
 Registration Date   04/19/2005                       Foreign Priority       NONE
                                                      Date
 Word Mark           T MOBILE
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 009. First use:
                     Electric, electronic, optical, measuring, signalling, controlling or teaching
                     apparatus and instruments, all for use with telecommunications, namely,
                     apparatus for producing sound, images or data, [ magnetic and optical data
                     carriers, ] data processors and computers, namely, microcomputers,
                     minicomputers, [ computer central processors, computer monitors, computer
                     keyboards, computer terminals, computer interface boards, computer memories,
                     computer laser printers, computer impact printers, computer dot matrix printers, ]
                     computer operating systems, computers and instructional manuals sold as a
                     unit, computer interface apparatus, namely, computer modems, computer
                     mouse and mouse pad, computer peripherals and parts thereof; computer
                     programs and data bases for use in operating telecommunications and business
                     management systems and related instruction manuals sold as a unit; [ optical
                     cables, optic filters, optical scanners, optical character readers, optical discs,
                     optical fibers, optical glass for signal transmission, optic transmitters, optic
                     receivers, optical signal processing apparatus, optic switches, optical networks
                     comprising communication transmission switching and reception apparatus,
                     optical attenuators, optical amplifiers, optical character recognition apparatus,
                     and parts thereof; ] audio, video and data communications systems, namely,
                     digital and analogue signal transmitters, receivers and converters, radio and
                     telephone transmitters, receivers and servers, stationary, wireless and cellular
                     telephone systems and answering machines, telecommunication transmission,
                     receiving and storage apparatus, telecommunications transmitting sets, data
                     transmitters, [ facsimile machines, ] electronic mail apparatus for electronic
                     exchange of data images and messages, [ remote controls and set-top units,
                     cinematographic television and amusement equipment, namely, signal decoders
                     and interactive audio and video equipment to facilitate interaction between
                     consumers and providers of goods and services; electrical wire, electrical wire
                     connectors, integrated circuits, printed circuits, electric circuits, circuit breakers,
                     printed circuit boards, electric circuit boards, circuit connectors, electrical
                     controllers, electrical converters, electrical fuses, electric luminescent display
                     panels, electrical switch plates, electric plugs, antennas, electrical cables,
                     computer cables, computer chips, silicon chips, chronographs for use as
                     specialized time recording apparatus, electric coils, computer buffers, blank
                     computer discs, blank computer floppy disks, computer hard discs, electrical
                     conductors, acoustic conduits, electrical conduits, fiber optic conduits and parts
                     thereof; compact disc players, audio and video tape recorders, audio and video
                     tape players, audio and video cassette recorders, audio and video cassette
                     players, blank audio and video tapes, cassettes, discs and microfiche; audio and
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 112 of 127 PageID #:112


                 video tapes, cassettes, discs and microfiche featuring information concerning
                 telecommunications, personal and business management systems; video
                 monitors, automatic vending machines and timing mechanisms therefor, and
                 parts thereof; data processors and readers, word processors, magnetic coded
                 card readers, magnetic cards, electronic encryption units, lasers, light emitting
                 diodes, light emitting diode displays, microprocessors, blank magnetic data
                 carriers, demagnetizers for magnetic tapes, and parts thereof; communications
                 and video transmission switching and reception apparatus; computer, data and
                 video networking and conferencing equipment, namely, teleconferencing
                 equipment, audiovisual teaching equipment, overhead film, photographic and
                 slide projectors, projection screens, computer based information display
                 equipment, namely, computers which display information on an overhead
                 screen, intercoms; ] telephones, [ telephone answering machines, ] telephone
                 transmitters, [ telephone networks, telephone wires, teleprinters, teletypewriters,
                 andparts thereof, namely, caller identification boxes, radio telephone equipment
                 and accessories, namely, call boxes and systems, dialing assemblies, ]
                 telephone units, [ audio operated relays, signalling devices, receiving devices,
                 termination equipment, filters, protectors and automatic signalling and control
                 equipment, telemeters, ] wireless and cellular telephones, [ pagers, paging
                 equipment, ] portable computer devices, [ facsimile transmitters and receivers,
                 wireless fax machines, ] personal communications equipment, namely, Personal
                 Digital Assistants (PDA), [ calculators ] and related peripherals; [ satellite
                 processors, satellites and satellite communication earth stations both stationary
                 and moveable; prerecorded compact discs, audio cassette tapes, video cassette
                 tapes, digital audio tapes and digital video discs featuring musical, variety, news
                 and comedy shows; and computer game programs for children and adults ]
                 Class 016. First use:
                 Printed matter, namely, [ books ] or magazines on telecommunications; printed
                 instructional and teaching material on telecommunications; stationery
                 Class 036. First use:
                 Financing services; [ real estate brokerage; real estate appraisal, real estate
                 investment; real estate listing; real estate management ]
                 Class 037. First use:
                 [ Custom construction and building renovation; construction planning,
                 construction supervision; ] maintenance and repair of telecommunications [
                 networks, ] apparatus and instruments; [ installation of telecommunications
                 networks, apparatus and instruments; installation, ] maintenance and repair of
                 computer [ networks and computer ] hardware
                 Class 038. First use:
                 Telecommunication services, namely, electronic mail services; audio and video
                 teleconferencing; electronic, electric and digital transmission of voice, data,
                 information, images, signals and messages; [ rental of apparatus for
                 telecommunications, namely, rental of electronic access, transmission, receiver,
                 recording and monitoring equipment comprised of telecommunications hardware
                 and software including components and peripherals thereof for use in the
                 telecommunications industry; ] audio and video broadcasting featuring
                 entertainment in the nature of visual and audio performances, and musical,
                 variety, news and comedy shows
                 Class 041. First use:
                 [ Education in the nature of classes and seminars in the fields of business,
                 telecommunications and computers, and the distribution of course materials
                 therewith; ] entertainment in the nature of visual and audio performances,
                 namely, musical band, rock group, [ gymnastic, dance, and ballet ]
                 performances; entertainment services, namely, providing musical, variety, news
                 and comedy shows via a global computer information network; entertainment
                 services, namely, providing on-line computer games for children and adults;
                 organization of community sporting and cultural events; publication of [ books, ]
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 113 of 127 PageID #:113


                     magazines, journals, manuals, brochures, and leaflets
                     Class 042. First use:
                     [ Computer programming for others; ] leasing access time to a computer data
                     base in the field of telecommunications; [ rental of data processing equipment;
                     rental of computer hardware and software; design for others in the field of
                     telecommunications equipment; ] installation, maintenance and repair of
                     computer software

 U.S. Registration   2284387                        Application Date      02/27/1997
 No.
 Registration Date   10/12/1999                     Foreign Priority      NONE
                                                    Date
 Word Mark           T-MOBILE
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 009. First use:
                     Telecommunications equipment, namely, computer programs for operating
                     telecommunications systems, computer programs for providing multiple-user
                     access to the global communications network for the transfer and dissemination
                     of a wide range of information, magnetic, electric and optical networks
                     comprising of data transmitters consisting of digital and instruments that convert
                     user information into data signals for transmission or reconvert the received data
                     signals into user information and equipment that transfers data between data
                     terminals, storage apparatus, signaling devices, namely, equipment that
                     generates, transfers and receives information over a communications network
                     by electrical or optical means, termination equipment, namely, components that
                     connect an appropriate bridge, normally of the characteristic impedance, across
                     a circuit to provide stability; word processors, computers, namely,
                     microcomputers, minicomputers, computer central processors, microprocessors,
                     computer monitors, computer keyboards, computer terminals, computer
                     interface boards, computer laser printers, computer impact printers, computer
                     dot matrix printers, computer operating systems, computers and instructional
                     manuals sold as a unit, computer interface apparatus, namely, computer
                     modems, computer mouse and mouse pad, computer peripherals and parts
                     thereof; computer programs for use in operating business management systems
                     and related instruction manuals sold as a unit; audio, video and data
                     communications equipment, namely, digital and analogue signal transmitters,
                     receivers and converters, radio and telephone transmitters, receivers and
                     servers, electronic mail hardware and software for electronic exchange of data
                     images and messages, remote controls and set-top units for televisions,
                     cinematographic television and amusement equipment, namely, signal decoders
                     and interactive audio and video conferencing equipment to facilitate interaction
                     between consumers and providers of goods and services; chronographs for use
                     as specialized time recording apparatus, blank computer discs, blank computer
                     floppy disks, blank computer hard discs; compact disc players, audio and video
                     tape recorders, audio and video tape players, audio and video cassette
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 114 of 127 PageID #:114


                 recorders, audio and video cassette players, blank audio and video tapes,
                 cassettes, discs and microfiche; audio and video tapes, cassettes, discs and
                 microfiche featuring information concerning telecommunications; video monitors,
                 automatic vending machines and timing mechanisms therefor, and parts thereof;
                 magnetic coded card readers, magnetic cards, blank magnetic data carriers,
                 demagnitizers for magnetic tapes, and parts thereof; computer, data and video
                 networking and conferencing equipment, namely, teleconferencing equipment,
                 audiovisual teaching equipment, namely, overhead film, photographic and slide
                 projectors, projection screens, computers that display information on an
                 overhead screen, intercoms; telephones, telephone answering machines,
                 teleprinters, teletypewriters, caller identification boxes, radio operated telephone
                 equipment, audio operated relays, wireless and cellular telephones and
                 answering machines, pagers, portable computers, facsimile machines, wireless
                 fax machines, personal communications equipment, namely, personal digital
                 assistants (PDA), calculators and related peripherals, namely, cases for carrying
                 pocket calculators, satellites and satellite communication earth stations both
                 stationary and moveable; prerecorded compact discs, audio cassette tapes,
                 video cassette tapes, digital audio tapes and digital video discs featuring
                 musical, variety, news and comedy shows; and computer game programs for
                 children and adults
                 Class 014. First use:
                 jewelry, horological instruments, namely, clocks and watches; chronometers and
                 chronographs
                 Class 016. First use:
                 printed matter, namely, books or magazines on telecommunications; printed
                 instructional and teaching material on telecommunications; stationery
                 Class 018. First use:
                 Umbrellas; parasols, goods made of leather and imitations of leather, namely,
                 wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                 tickets, purses, writing cases, namely, briefcase type portfolios, suitcases,
                 traveling bags, and briefcases; trunks for travel and travel bags
                 Class 025. First use:
                 clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts;
                 headwear; footwear
                 Class 028. First use:
                 Video and computer game cartridges; board games, parlor games, card games,
                 toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                 toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                 namely, cycling equipment and accessories, namely, stationary cycles, football
                 equipment and accessories, namely, footballs, football shoulder pads, football
                 girdles, football body protectors, football knee, elbow, chest and leg pads,
                 soccer equipment and accessories, namely, soccer balls, soccer ball goal nets,
                 soccer ball knee pads, baseball equipment and accessories, namely, baseballs,
                 baseball bats, baseball bases, baseball mitts, baseball gloves, basketball
                 equipment and accessories, namely, basketballs, basketball goals, basketball
                 nets
                 Class 036. First use:
                 financing services; real estate brokerage; real estate appraisal, real estate
                 investment; real estate listing; real estate management
                 Class 037. First use:
                 custom construction and building renovation; construction planning, construction
                 supervision; maintenance and repair of telecommunications networks, apparatus
                 and instruments; installation of telecommunications networks, apparatus and
                 instruments; maintenance and repair of computer networks and computer
                 hardware; installation of computer networks and computer hardware
                 Class 038. First use:
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                     Telecommunication services, namely, electric, digital, cellular and wireless
                     transmission of voice, data, information, images, signals and messages, namely,
                     providing telecommunications connections over a global communications
                     network, electronic mail, voice mail and messaging services, audio and video
                     teleconferencing, rental of telecommunications equipment, namely, equipment
                     for electronic access to global telecommunications network, equipment for
                     transmitting, receiving, recording and monitoring voice, data, information,
                     images, signals, messages, data and word processors, computer programs for
                     use in operating and accessing telecommunications systems; audio and video
                     broadcasting featuring entertainment in the nature of live visual and audio
                     performances, and musical, variety, news and comedy shows
                     Class 041. First use:
                     education in the nature of classes and seminars in the fields of business,
                     telecommunications and computers, and the distribution of course materials
                     therewith; entertainment in the nature of live visual and audio performances,
                     namely, musical band, rock group, gymnastic, dance, and ballet performances;
                     entertainment services, namely, providing musical, variety, news and comedy
                     shows via global computer information network; entertainment services, namely,
                     providing on-line computer games for children and adults; organization of
                     community sporting and cultural events; publication of books, magazines,
                     journals, manuals, brochures, and leaflets
                     Class 042. First use:
                     computer programming for others; rental of data processing equipment; rental of
                     computer hardware and software; design for others in the field of
                     telecommunications equipment; maintenance and repair of computer software;
                     installation of computer software

 U.S. Registration   2282432                        Application Date      02/27/1997
 No.
 Registration Date   10/05/1999                     Foreign Priority      08/31/1996
                                                    Date
 Word Mark           T-MOBILE
 Design Mark




 Description of      NONE
 Mark
 Goods/Services      Class 009. First use:
                     Telecommunications equipment, namely, computer programs for operating
                     telecommunications systems, computer programs for providing multiple-user
                     access to the global communications network for the transfer and dissemination
                     of a wide range of information, magnetic, electric and optical networks
                     comprising of data transmitters consisting of digital end instruments that convert
                     user information into data signals for transmission or reconvert the received data
                     signals into user information and equipment that transfers data between data
                     terminals, storage apparatus, signaling devices, namely, equipment that
                     generates, transfers and receives information over a communications network
                     by electrical or optical means, termination equipment, namely, components that
                     connect an appropriate bridge, normally of the characteristic impedance, across
                     a circuit to provide stability; word processors, computers, namely,
                     microcomputers, minicomputers, computer central processors, microprocessors,
                     computer monitors, computer keyboards, computer terminals, computer
                     interface boards, computer laser printers, computer impact printers, computer
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 116 of 127 PageID #:116


                 dot matrix printers, computer operating systems, computers and instructional
                 manuals sold as a unit, computer interface apparatus, namely, computer
                 modems, computer mouse and mouse pad, computer peripherals and parts
                 thereof; computer programs for use in operating business management systems
                 and related instruction manuals sold as a unit; audio, video and data
                 communications equipment, namely, digital and analogue signal transmitters,
                 receivers and converters, radio and telephone transmitters, receivers and
                 servers, electronic mail hardware and software for electronic exchange of data
                 images and messages, remote controls and set-top units for televisions,
                 cinematographic television and amusement equipment, namely, signal decoders
                 and interactive audio and video conferencing equipment to facilitate interaction
                 between consumers and providers of goods and services; chronographs for use
                 as specialized time recording apparatus, blank computer discs, blank computer
                 floppy disks, blank computer hard discs; compact disc players, audio and video
                 tape recorders, audio and video tape players, audio and video cassette
                 recorders, audio and video cassette players, blank audio and video tapes,
                 cassettes, discs and microfiche; audio and video tapes, cassettes, discs and
                 microfiche featuring information concerning telecommunications; video monitors,
                 automatic vending machines and timing mechanisms therefor, and parts thereof;
                 magnetic coded card readers, magnetic cards, blank magnetic data carriers,
                 demagnitizers for magnetic tapes, and parts thereof; computer, data and video
                 networking and conferencing equipment, namely, teleconferencing equipment,
                 audiovisual teaching equipment, namely, overhead film, photographic and slide
                 projectors, projection screens, computers that display information on an
                 overhead screen, intercoms; telephones, telephone answering machines,
                 teleprinters, teletypewriters, caller identification boxes, radio operated telephone
                 equipment, audio operated relays, wireless and cellular telephones and
                 answering machines, pagers, portable computers, facsimile machines, wireless
                 fax machines, personal communications equipment, namely, personal digital
                 assistants (PDA), calculators and related peripherals, namely, cases for carrying
                 pocket calculators, satellites and satellite communication earth stations both
                 stationary and moveable; prerecorded compact discs, audio cassette tapes,
                 video cassette tapes, digital audio tapes and digital video discs featuring
                 musical, variety, news and comedy shows; and computer game programs for
                 children and adults
                 Class 014. First use:
                 jewelry, horological instruments, namely, clocks and watches; chronometers and
                 chronographs
                 Class 016. First use:
                 printed matter, namely, books or magazines on telecommunications; printed
                 instructional and teaching material on telecommunications; stationery
                 Class 018. First use:
                 Umbrellas; parasols, goods made of leather and imitations of leather, namely,
                 wallets, valises, carrying cases for credit cards, tickets, in particular, air travel
                 tickets, purses, writing cases, namely, briefcase type portfolios, suitcases,
                 traveling bags, and briefcases; trunks for travel and travel bags
                 Class 025. First use:
                 clothing, namely, shirts, dresses, pants, jackets, coats, T-shirts, shorts;
                 headwear; footwear
                 Class 028. First use:
                 Video and computer game cartridges; board games, parlor games, card games,
                 toy action figures, wind-up toys, stuffed toys, electrical and mechanical action
                 toys, children's multiple activity toys; gymnastic apparatus; sporting articles,
                 namely, cycling equipment and accessories, namely, stationary cycles, football
                 equipment and accessories, namely, footballs, football shoulder pads, football
                 girdles, football body protectors, football knee, elbow, chest and leg pads,
                 soccer equipment and accessories, namely, soccer balls, soccer ball goal nets,
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 117 of 127 PageID #:117


                     soccer ball knee pads, baseball equipment and accessories, namely, baseballs,
                     baseball bats, baseball bases, baseball mitts, baseball gloves, basketball
                     equipment and accessories, namely, basketballs, basketball goals, basketball
                     nets
                     Class 036. First use:
                     financing services; real estate brokerage; real estate appraisal, real estate
                     investment; real estate listing; real estate management
                     Class 037. First use:
                     custom construction and building renovation; construction planning, construction
                     supervision; maintenance and repair of telecommunications networks, apparatus
                     and instruments; installation of telecommunications networks, apparatus and
                     instruments; maintenance and repair of computer networks and computer
                     hardware; installation of computer networks and computer hardware
                     Class 038. First use:
                     Telecommunication services, namely, electric, digital, cellular and wireless
                     transmission of voice, data, information, images, signals and messages, namely,
                     providing telecommunications connections over a global communications
                     network, electronic mail, voice mail and messaging services, audio and video
                     teleconferencing, rental of telecommunications equipment, namely, equipment
                     for electronic access to global telecommunications network, equipment for
                     transmitting, receiving, recording and monitoring voice, data, information,
                     images, signals, messages, data and word processors, computer programs for
                     use in operating and accessing telecommunications systems; audio and video
                     broadcasting featuring entertainment in the nature of live visual and audio
                     performances, and musical, variety, news and comedy shows; providing
                     information in the field of telecommunications via global computer networks
                     Class 041. First use:
                     education in the nature of classes and seminars in the fields of business,
                     telecommunications and computers, and the distribution of course materials
                     therewith; entertainment in the nature of live visual and audio performances,
                     namely, musical band, rock group, gymnastic, dance, and ballet performances;
                     entertainment services, namely, providing musical, variety, news and comedy
                     shows via a global computer information network; entertainment services,
                     namely, providing on-line computer games for children and adults; organization
                     of community sporting and cultural events; publication of books, magazines,
                     journals, manuals, brochures, and leaflets
                     Class 042. First use:
                     computer programming for others; rental of data processing equipment; rental of
                     computer hardware and software; design for others in the field of
                     telecommunications equipment; maintenance and repair of computer software;
                     installation of computer software

 U.S. Application/             NONE                 Application Date               NONE
 Registration No.
 Registration Date             NONE
 Word Mark                     T-SYSTEMS
 Goods/Services                telecommunication and information technology goods and services

 U.S. Application/             NONE                 Application Date               NONE
 Registration No.
 Registration Date             NONE
 Word Mark                     T-SYSTEM
 Goods/Services                telecommunication and information technology goods and services
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 118 of 127 PageID #:118


 U.S. Application/               NONE                 Application Date               NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T
 Goods/Services                  telecommunication and information technology goods and services

 U.S. Application/               NONE                 Application Date               NONE
 Registration No.
 Registration Date               NONE
 Word Mark                       T-MOBILE
 Goods/Services                  telecommunication and information technology goods and services


 Related              91201618
 Proceedings

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                      75095185#TMSN.gif ( 1 page )( bytes )
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                      78693813#TMSN.jpeg ( 1 page )( bytes )
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                      75095186#TMSN.gif ( 1 page )( bytes )
                      75248964#TMSN.gif ( 1 page )( bytes )
                      75248963#TMSN.gif ( 1 page )( bytes )
                      THE T SYSTEM EV 85298588.pdf ( 9 pages )(152716 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 Overnight Courier on this date.


 Signature            /Jason L. White/
 Name                 Jason L. White
 Date                 01/11/2012
  Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 119 of 127 PageID #:119



            IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
              BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD


In the matter of trademark application Serial No. 85/298,588
Filed: April 19, 2011
For the mark: THE T SYSTEM EV
Published in the Official Gazette on: September 13, 2011


DEUTSCHE TELEKOM AG,                         )
                                             )
                              Opposer,       )
                                             )
       v.                                    )      Opposition No.: Pending
                                             )
T-SYSTEM, INC.,                              )
                                             )
                              Applicant.     )


                                 NOTICE OF OPPOSITION


       Opposer, Deutsche Telekom AG (hereinafter “DTAG” ), believes that it is being and will

be damaged by registration of the mark THE T SYSTEM EV in application 85/298,588 for use

in connection with “computer programs for creating, maintaining and organizing emergency

room medical records to be distributed exclusively to health care providers” in International

Class 09. DTAG hereby opposes the same pursuant to Section 13(a) of the Trademark Act of

1946, as amended (the “Lanham Act”), 15 U.S.C. § 1063(a).

                                  The Parties and the Marks

       1.      DTAG is a corporation organized under the laws of the Federal Republic of

Germany, with its principal place of business located at Friedrich-Ebert-Allee 140, Bonn, 53113.

       2.      DTAG and its affiliates are one of the world’s largest telecommunication and

information technology service providers. Both DTAG and its affiliates, including T-Systems,

U.S.A. and T-Mobile, U.S.A., offer a broad range of telecommunication and information
  Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 120 of 127 PageID #:120



technology goods and services under DTAG’s family of “T” marks, including the marks “T-

SYSTEMS,” “T-MOBILE,” and other “T” formatives (collectively, the “DTAG Marks”). These

DTAG Marks are among DTAG’s core brands and are integral to its corporate identity. In this

regard, DTAG has extensively used and promoted the DTAG Marks in domestic and

international commerce. Indeed, these marks have been widely used and registered by DTAG on

a worldwide basis for many years in a stand alone form, as a stand alone design element, in

combination with additional words, numbers, designs and/or device elements, in numerous

colors, and in black and white. (See Exhibit A for a non-exhaustive, representative sample of the

DTAG Marks in the U.S.). As part of its family of DTAG Marks, the “T-SYSTEMS” brand has

been widely registered and/or used as trademarks, domain names, company names, and in

various other mediums both in singular and plural form (collectively, the “T-SYSTEMS

Marks”). As a result of this extensive use, advertising, and promotion, the T-SYSTEMS Marks

have become well-known as distinctive indicators of the origin of DTAG’s goods and services

and have become a valuable symbol of DTAG’s goodwill.

       3.      The DTAG Marks constitute a series or family of marks that are owned by and

are in the name of DTAG or its affiliates, are well-known trademarks, and are subject to a

number of trademark applications and registrations worldwide, some of which are now

incontestable under 15 U.S.C. § 1065. (See Exhibit A).

       4.       The T-SYSTEMS Marks are well-known trademarks and are subject to a number

of trademark applications and registrations worldwide, some of which are now incontestable

under 15 U.S.C. § 1065. (See the first two entries in Exhibit A for the earliest U.S. registrations

depicting the T-SYSTEMS Marks).




                                                 2
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       5.      Upon information and belief, applicant T-System, Inc. (“TSI”) is a corporation

organized under the laws of Texas, with its principal place of business located at 4020 McEwen

Drive, Suite 281, Dallas, Texas 75244.

       6.      Despite the existence of a “Trademark Use and Registration Agreement” entered

into by DTAG and TSI on March 3, 2004, prohibiting TSI from registering certain T-SYSTEM-

type marks, TSI’s application Serial No. 85/298,588 fully incorporates, is dominated in both

sight and sound by, and creates a clear commercial impression of the words “T SYSTEM”

(“TSI’s Application”).

                 Likelihood of Confusion With DTAG’s Prior Registrations
                                Section 2(d), 15 U.S.C. § 1052(d)
       7.      DTAG repeats and realleges each and every allegation set forth in Paragraphs 1-6.

       8.      DTAG’s rights in its T-SYSTEMS Marks date back to at least as early as April

23, 1996, the filing dates for U.S. Reg. Nos. 2,448,571 and 2,460,631. (See Exhibit A). Since

this time, DTAG continuously has used its T-SYSTEMS Marks, and formatives of the same, in

U.S. and international commerce. The filing date of TSI’s Application is April 19, 2011, and it

claims a first use date of January 2000. DTAG therefore has priority based on its prior use and

valid and subsisting T-SYSTEMS Marks and registrations.

       9.      TSI’s Application consists predominantly of the letter “T” followed by the term

“SYSTEM EV.” DTAG’s T-SYSTEMS Marks make use of and predominantly feature the letter

“T” followed by “SYSTEM” or “SYSTEMS.” The respective marks are therefore highly

similar, if not identical, in sight and sound as well as identical in commercial impression.

       10.     The DTAG Marks as a whole consist of and predominantly feature the letter “T”

and often include various other words, such as “SYSTEMS” and “MOBILE.” The TSI



                                                 3
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Application follows the same distinct pattern as the DTAG Marks and is thus highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

       11.     The identical nature of the DTAG Marks and the TSI Application in sight and

commercial impression is particularly pronounced given the nature of the claimed goods and

services in the TSI Application, namely, computer programs in International Class 09.

       12.     The DTAG Marks claim numerous telecommunication and information

technology goods and services in many International Classes, but focus heavily on

telecommunication goods and services in International Classes 09, 38, and 42, as set forth in

more detail in Exhibit A. As a result, the goods and services, as well as relevant consumers and

channels of trade, of the DTAG Marks and subsequent TSI Application are identical.

       13.     On information and belief, TSI adopted its mark years after DTAG’s established

worldwide use and promotion of the DTAG Marks for its telecommunication and information

technology goods and services, and TSI modeled its trademark filings after the branding strategy

established by DTAG for the DTAG Marks.

       14.     TSI’s junior use of an identical branding strategy and a highly similar, if not

identical mark, for use in connection with identical telecommunication and information

technology goods and services overlaps and duplicates the DTAG Marks, as well as the goods

and services, and will inevitably lead consumers to believe that DTAG is the source of the

products, or that TSI is affiliated, endorsed or sponsored by DTAG, all in violation of DTAG’s

rights in the DTAG Marks.

       15.     For the foregoing reasons, DTAG believes and alleges that it is being and will be

damaged by the registration of TSI’s Application Serial No. 85/298,588.




                                                 4
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                Likelihood of Confusion With DTAG’s Common Law Rights
                                Section 2(d), 15 U.S.C. § 1052(d)
       16.     DTAG repeats and realleges each and every allegation set forth in Paragraphs 1-

15.

       17.     Based on its continuous use of the DTAG Marks in U.S. commerce, these marks

have become distinctive source indicators of the various telecommunication and information

technology goods and services offered by DTAG, and DTAG has not abandoned these common

law rights.

       18.     DTAG’s rights in the DTAG Marks are well prior to the filing date of TSI’s

Application, April 19, 2011, and its claimed first use date of January 2000. DTAG therefore has

priority based on its prior and subsisting use of the DTAG Marks.

       19.     TSI’s Application predominantly consists of the letter “T” followed by the term

“SYSTEM EV.” DTAG’s T-SYSTEMS Marks make use of and predominantly feature the letter

“T” followed by “SYSTEM” or “SYSTEMS.” The respective marks are therefore highly

similar, if not identical, in sight and sound as well as identical in commercial impression.

       20.     The DTAG Marks as a whole consist of and predominantly feature the letter “T”

and often include various other words, such as “SYSTEMS” and “MOBILE.” The TSI

Application follows the same distinct pattern as the DTAG Marks and is thus highly similar, if

not identical, in sight and sound as well as identical in commercial impression.

       21.     The identical nature of the DTAG Marks and the TSI Application in sight and

commercial impression is particularly pronounced given the nature of the claimed goods and

services in the TSI Application, namely, computer programs in International Class 09.

       22.     The DTAG Marks are used in connection with various telecommunication and

information technology goods and services. As a result, the goods and services, as well as


                                                 5
  Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 124 of 127 PageID #:124



relevant consumers and channels of trade, of the senior DTAG Marks and subsequent TSI

Application are identical.

       23.     On information and belief, TSI adopted its mark years after DTAG’s established

worldwide use and promotion of the DTAG Marks for its telecommunication and information

technology goods and services and modeled its trademark filings after the branding strategy

established by the DTAG Marks.

       24.     TSI’s junior use of an identical branding strategy and a highly similar, if not

identical mark, for use in connection with identical telecommunication and information

technology goods and services overlaps and duplicates the DTAG Marks, as well as the goods

and services, and will inevitably lead consumers to believe that DTAG is the source of the

products, or that TSI is affiliated, endorsed or sponsored by DTAG, all in violation of DTAG’s

rights in the DTAG Marks.

       25.     For the foregoing reasons, DTAG believes and alleges that it is being and will be

damaged by the registration of TSI’s Application Serial No. 85/298,588.

       WHEREFORE, DTAG respectfully requests that application Serial No. 85/298,588 be

refused registration and judgment in the present opposition be entered in favor of the DTAG and

against TSI, with prejudice.




                                                 6
Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 125 of 127 PageID #:125



                                   Respectfully submitted,

                                   DEUTSCHE TELEKOM AG

                                   By:          /Jason L. White/   .
                                          Michael D. Adams
                                          Jason L. White
                                          MAYER BROWN, LLP
                                          P.O. Box 2828
                                          Chicago, IL 60690-2828
                                          (312) 701-8713


                                          Attorney for Opposer




                                      7
           Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 126 of 127 PageID #:126



                                             Exhibit A

                                  Deutsche Telekom’s Registrations

Mark        Image                                 Registration   Registration   Class(es)
                                                  No.            Date
T System    T-System                              2448571        5-8-2001       9, 16, 36, 37, 38, 41,
                                                                                42
T System                                          2460631        6-19-2001      9, 16, 36, 37, 38, 41,
                                                                                42
T                                                 2472584        7-31-2001      9, 36, 37, 38, 41

T                                                 3538688        11-25-2008     42

T                                                 2508277        11-20-2001     9, 16, 25, 36, 38, 42




T                                                 3216527        3-6-2007       42




T Mobile                                          3076000        4-4-2006       42


T Mobile                                          2941016        4-19-2005      9, 16, 36, 37, 38, 41,
                                                                                42

T Mobile                                          2284387        10-12-1999     9, 14, 16, 18, 25, 28,
                                                                                36, 37, 38, 41, 42


T-Mobile    T-Mobile                              2282432        10-5-1999      9, 14, 16, 18, 25, 28,
                                                                                36, 37, 38, 41, 42
  Case: 1:12-cv-07932 Document #: 1 Filed: 10/03/12 Page 127 of 127 PageID #:127



                                  CERTIFICATE OF SERVICE


        I hereby certify that, on this 11th day of January, 2012, this Notice of Opposition is being

sent via UPS Overnight and email to:

                                       JOHN M. CONE
                                       HITCHCOCK EVERT LLP
                                       PO BOX 131709
                                       DALLAS, TX 75313-1709




                                              By:       /Jason L. White/         .
                                                    Jason L. White




700993634

				
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