ESTTA Tracking number: ESTTA1102387 12/16/2020

Trademark Trial and Appeal Board Electronic Filing System.

ESTTA Tracking number: ESTTA1102387

Filing date:

12/16/2020

Proceeding Party

Correspondence Address

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

91239006

Plaintiff Gang Cao

MARC C LEVY SEED IP LAW GROUP LLP 701 FIFTH AVENUE, SUITE 5400 SEATTLE, WA 98104 UNITED STATES Primary Email: MarcL@ Secondary Email(s): Litcal@, BrigidM@ 206-622-4900

Submission Filer's Name Filer's email Signature Date Attachments

Plaintiff's Notice of Reliance

Brigid C. Mahoney

brigidm@, marcl@, litcal@

/Brigid C. Mahoney/

12/16/2020

Opposer 9th Notice of Reliance.pdf(274719 bytes ) Exhibits_Rebuttal_Evidences_NOR9_Exh 1-10.pdf(4775416 bytes ) Exhibits_Rebuttal_Evidences_NOR9_Exh 11-19.pdf(5328933 bytes ) Exhibits_Rebuttal_Evidences_NOR9_Exh 20-26.pdf(4696051 bytes )

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

Gang Cao,

v. Apple Inc.,

Opposer, Applicant.

) Opposition No. 91239006 ) ) Serial No. 86/868,731 ) ) ) ) ) Attorney Docket No. 191201.801 ) )

OPPOSER GANG CAO'S NINTH NOTICE OF RELIANCE

Opposer Gang Cao ("Opposer"), by and through its undersigned counsel, hereby

introduces the following documents into evidence via Notice of Reliance pursuant to Rule

2.122(e).

Opposer relies on the following printed internet publications available to the general

public that are relevant to issues in these proceedings. Specifically, Opposer submits the

following internet evidence for the purpose of showing generic and/or descriptive use of the term

"live photo(s)" with respect to photos or images that incorporate motion or animation, as used by

cell phone or tablet manufacturers or retailers, and reviewers of such products, dating back to at

least 2015.

The URL where each of the following internet publications was accessed and the date the

publication was accessed and printed is further provided in the header, footer, or elsewhere on

the face of each copy attached hereto.

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Exhibit 1.

"iPhone 5 vs. HTC One (aka HTC M7)" dated February 19, 2013, accessed December 7, 2020

Exhibit 2.

"HTC One vs. Samsung Galaxy S3" dated February 28, 2013, accessed December 7, 2020

Exhibit 3.

"HTC One Smartphone Review: Android Empowered" dated May 8, 2013, accessed December 7, 2020

Exhibit 4.

Review of the iPad Pro, titled "Apple's iPad Pro launch event: the online reaction" dated Sep 10, 2015, accessed December 8, 2020

Exhibit 5.

YouTube Video titled "HTC Desire 616 dual sim (Live photo demo)" dated August 11, 2014, accessed December 9, 2020

Exhibit 6.

"Apple Special Event September 9, 2015 (Full Transcript)" Apple's iPhone 6S, iPhone 6S Plus ? September 9, 2015 Special Event Keynote dated September 30, 2015, accessed December 15, 2020

Exhibit 7.

Customer Review of HTC Desire 616 dated December 14, 2014 (comments), accessed December 5, 2020

Exhibit 8.

User's Manual of Acer Iconia One 7, dated June 2015, accessed December 14, 2020

Exhibit 9. omit

Exhibit 10.

User Manual and Safety Information for ZTE Obsidian dated April 2015, accessed December 14, 2020

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Exhibit 11.

E-Commerce page of ZTE Obsidian, accessed December 16, 2020

Exhibit 12. ZTE Obsidian | T-Mobile Support, accessed December 9, 2020

Exhibit 13.

User Guide V1.0, Lenovo TAB 2 A7-30, df accessed December 14, 2020

Exhibit 14.

: Lenovo Tab 2 A7 59445601 7-Inch 16 GB Tablet (Black) : Computers & Accessories accessed December 16, 2020

Exhibit 15.

User Manual of Lenovo TAB 2 A10-70 .pdf accessed December 14, 2020

Exhibit 16.

: Lenovo TAB2 A10 - 10.1" Tablet (ARM Cortex A53 Quad-Core, FHD IPS, 2GB SDRAM, 16GB SSD, Android 4.4 KitKat) accessed December 16, 2020

Exhibit 17.

User Guide of BestBuy Insignia Flex Elite NSP16AT785HD accessed December 15, 2020

Exhibit 18.

Best Buy: InsigniaTM Flex Elite 7.85" 16GB White/Silver NS-P16AT785HD accessed December 16, 2020

Exhibit 19.

User Guide of BestBuy Insignia NS-P16AT08, Accessed December 16, 2020

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Exhibit 20.

Customer Reviews: product name unavailable - Best Buy [Insignia NSP16AT08] on 5 years ago Accessed December 16, 2020

Exhibit 21.

BestBuy Advertising of BestBuy Insignia NSP16AT08, Dated Nov, 2015, Accessed December 15, 2020

Exhibit 22.

User Guide of BestBuy Insignia NS-P10A6100, Accessed December 16, 2020

Exhibit 23. BestBuy web page of BestBuy Insignia NSP10A6100, Accessed December 16, 2020

Exhibit 24.

Smartphone Review: ZTE Obsidian Review" which shows ZTE Obsidian release date is August 13, 2015 in the United States Market accessed December 16, 2020

Exhibit 25.

Media Article "Is ZTE's $99 Obsidian Smartphone a Good Deal?" shows ZTE Obsidian is available in the United States Market through T-Mobile dated August 06, 2015, accessed December 16, 2020

Exhibit 26.

Customer Review on Lenovo Tab 2 A7 on erType=avp_only_reviews&pageNumber=23&sortBy=recent dated May 17, 2015, accessed December 16, 2020

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