IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

CCA AND B, LLC,

Plaintiff, Civil Action No. ________________

v. Complaint for Trademark and Copyright
Infringement.
CHARLIE’S PROJECT, INC., CHARLIE’S
PROJECT KIDS LLC, AND ANNA Demand for Jury Trial.
HERNANDEZ,

Defendant.

COMPLAINT

Plaintiff CCA and B, LLC d/b/a The Lumistella Company (“Plaintiff”) sues

Defendants Charlie’s Project, Inc., Charlie’s Project Kids LLC, and Anna Hernandez

(collectively, “Defendants”), and alleges the following:

JURISDICTION

1. This action for damages and injunctive relief is brought by Plaintiff

pursuant to the United States Trademark Act (the Lanham Act), 15 U.S.C. § 1051 et

seq., the United States Copyright Act, 17 U.S.C. § 101 et seq. as amended, and other

common law and statutory law as set forth herein.

2. This Court has jurisdiction over the subject matter of this action

pursuant to 15 U.S.C. § 1121 (trademark), 28 U.S.C. §§ 1331 (federal question) and

-1-
1338 (trademark and copyright). This Court has supplemental jurisdiction over the

state law claims pursuant to 28 U.S.C. § 1367.

3. Personal jurisdiction over Defendants is proper in this jurisdiction

because, on information and belief, Defendants, Defendants’ agents, and/or

Defendants’ personal representatives either: (a) transact business within Georgia; (b)

committed a tortious act or omission within Georgia; and/or (c) committed a tortious

injury in Georgia caused by an act or omission outside Georgia and regularly do or

solicit business, or engage in any other persistent course of conduct, or derive

substantial revenue from goods used or consumed or services rendered in Georgia,

pursuant to O.C.G.A. § 9-10-91, the Georgia long arm statute.

4. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and

1400(a).

THE PARTIES

5. Plaintiff CCA and B, LLC is a Georgia limited liability company with

its principal place of business at 3350 Riverwood Parkway, Suite 300, Atlanta,

Georgia 30339.

6. On information and belief, Defendant Charlie’s Project, Inc. is a

Massachusetts nonprofit corporation located at 41 Pitts St., Natick, Massachusetts

01760.
-2-
 7. On information and belief, Defendant Charlie’s Project Kids LLC is a

Massachusetts limited liability company located at 160 Sherman Road, Boston,

Massachusetts 02467.

8. On information and belief, Defendant Anna Hernandez is an individual

residing or located at 41 Pitts St., Natick, Massachusetts 02132 and is the manager

of Defendant Charlie’s Project Kids LLC and president, treasurer, secretary, vice

president, and director of Defendant Charlie’s Project Inc.

RELEVANT FACTS

9. Plaintiff is, among other things, a family-owned and operated

publishing company.

10. In 2005, two of Plaintiff’s founders co-authored a children’s book

entitled “The Elf on the Shelf: A Christmas Tradition.”

11. Since then, Plaintiff has continuously published, marketed, and sold the

book alongside a line of plush Christmas elf dolls, and related products aimed at

families with children.

12. Additionally, since at least as early as 2013, Plaintiff has licensed and

sold children’s pajamas.

13. Plaintiff owns and uses various trademarks for its various product

offerings including, but not limited to, an illustrated drawing of an elf dressed in red
-3-
and white sitting on a shelf as depicted below (“Plaintiff’s Mark”).

14. Plaintiff has sold certain of its plush dolls and accessories in commerce

in the United States under Plaintiff’s Mark since at least 2005, has used Plaintiff’s

Mark continuously since that date, and has not abandoned Plaintiff’s Mark.

15. As a result of Plaintiff’s widespread advertising and marketing of its

goods under Plaintiff’s Mark, together with the substantial sales of those goods,

Plaintiff has established considerable goodwill in Plaintiff’s Mark, which is a

valuable source identifier, in the United States and around the world.

16. Plaintiff owns various federal trademark registrations for Plaintiff’s

Mark. True and correct copies of certificates of registration for Plaintiff’s Mark are

attached as Exhibit A (collectively, “Plaintiff’s Registrations”).

17. Each of Plaintiff’s Registrations is valid and enforceable, and some are

incontestable.

18. Plaintiff manufactures and distributes, and authorizes others to

manufacture and distribute, a number of original works of creative expression and

-4-
articles bearing such works, including the illustration that comprises Plaintiff’s Mark

(Plaintiff’s “Copyrighted Work”).

19. Plaintiff’s Copyrighted Work constitutes an original work of authorship

embodying copyrightable subject matter, subject to and entitled to the full protection

of the United States Copyright Act.

20. Plaintiff owns all copyrights to Plaintiff’s Copyrighted Work.

21. Plaintiff’s Copyrighted Work is registered with the United States

Copyright Office. A true and correct copy of the Certificate of Registration for

Plaintiff’s Copyrighted Work is attached as Exhibit B.

22. On information and belief, Defendants own and operate the website at

<charliesproject.com>.

23. On information and belief, Defendants are exhibitors at the Atlanta

Market at AmericasMart located at B3 13-S338B, 240 Peachtree Street NW, Atlanta,

Georgia 30303

24. On information and belief, Defendants sell and offer for sale in

interstate commerce in the United States, including in this judicial district, children’s

pajamas and girls’ dresses bearing substantially and strikingly similar elf designs to

Plaintiff’s Copyrighted Work and/or bearing counterfeit copies of Plaintiff’s Mark

or a confusingly similar mark (collectively, the “Counterfeit Products”). A picture

-5-
of the infringing pattern on Defendants’ Counterfeit Products next to Plaintiff’s

Mark and Copyrighted Work is below.

Infringing Pattern Registered Trademark/Artwork

25. Defendants sell their Counterfeit Products through their website at

<charliesproject.com>. True and correct screenshots of the Counterfeit Products sold

and offered for sale on Defendants’ website are attached as Exhibit C.

26. On or about November 11, 2022, Plaintiff sent Defendants a letter

advising them of Plaintiff’s rights in Plaintiff’s Mark and Plaintiff’s Copyrighted

Work and demanding that Defendants stop selling the infringing pajamas and dress.

27. Defendants did not respond and on November 28, 2022, Plaintiff sent a

follow up requesting a response by no later than December 2.

28. A customer service manager, Amanda Lynn, responded via email

confirming receipt of the November 28 correspondence and stating that her

-6-
“manager has been out sick for the past 10 days,” but that she forwarded the email

“to the other owner who lives over seas,” and advised that they should “be in touch

. . . shortly.” Copies of the relevant correspondence are attached as Exhibit D.

29. To date, Defendants have not responded.

30. Accordingly, on or about December 5, Plaintiff submitted a DMCA

takedown notice under 17 U.S.C. § 512 to Shopify, the ISP hosting Defendants’

website, demanding removal of the infringing content.

31. That same day, Shopify removed the infringing content. However, early

the next day, Defendant Hernandez submitted a counternotice swearing under

penalty of perjury that she has a “good faith belief that the affected material was

removed or disabled as a result of a mistake or misidentification of the material to

be removed or disabled and that [she is] the merchant subject to the DMCA

Takedown Notice . . . or [is] authorized to act on behalf of that merchant.” (Exhibit

E.)

32. In light of the Hernandez counternotice, Plaintiff is forced to file the

instant lawsuit to prevent Shopify from relisting the Counterfeit Products online.

33. Defendant is not authorized to use Plaintiff’s Mark or Plaintiff’s

Copyrighted Work.

34. On information and belief, Defendant is still selling and offering for
-7-
sale Counterfeit Products.

35. On information and belief, Defendant began selling Counterfeit

Products after the effective date of registration of Plaintiff’s Copyrighted Work.

36. Defendant’s actions are willful and in bad faith. Plaintiff is forced to

bring this action in this Court to protect its valuable copyright and trademark.

COUNT I
COPYRIGHT INFRINGEMENT
(17 U.S.C. § 106)

37. Paragraphs 1-36 are incorporated herein by reference as if fully set

forth.

38. Plaintiff is the sole and exclusive owner of all right, title, and interest

in and to the Copyrighted Work.

39. Defendants are reproducing, distributing, and/or creating unauthorized

derivative works and/or copies of Plaintiff’s Copyrighted Work.

40. Plaintiff has not licensed or otherwise authorized Defendants to

reproduce, publicly display, distribute, or create derivative works of the Copyrighted

Work.

41. Defendants’ infringement is willful and in knowing disregard for

Plaintiff’s rights.

42. Defendants’ actions constitute willful copyright infringement within

-8-
the meaning of 17 U.S.C. § 504(c)(2).

43. As a result of Defendants’ infringement, Plaintiff is entitled to recover

any damages it has sustained and will sustain, and any profits obtained by

Defendants as a result of or attributable to the infringement, in an amount to be

proven at trial.

44. Alternatively, Plaintiff is entitled to an award of statutory damages in

an amount of not less than $750 and not more than $150,000 per Copyrighted Work

infringed.

45. Plaintiff is also entitled to permanent injunctive relief to prevent

Defendants from continuing to infringe Plaintiff’s Copyrighted Work pursuant to 17

U.S.C. § 502.

46. Additionally, Plaintiff is entitled to recover its full costs, including its

reasonable attorneys’ fees, pursuant to 17 U.S.C. § 505.

COUNT II
FEDERAL TRADEMARK INFRINGEMENT
(15 U.S.C. § 1114)

47. Paragraphs 1-36 are incorporated herein by reference as if fully set

forth.

48. Defendants are using one or more marks or symbols in commerce that

are likely to cause confusion, to cause mistake, or to deceive, and likely to cause
-9-
purchasers and potential purchasers to falsely believe that Defendants’ goods are

sponsored by, approved by, or affiliated with Plaintiff, or that Plaintiff’s goods are

sponsored by, approved by, or affiliated with Defendants.

49. Defendants are using in commerce one or more marks or symbols that

are identical to, substantially indistinguishable from, colorable imitations of, or

confusingly similar to Plaintiff’s Mark, and the unauthorized use of Plaintiff’s Mark

by Defendants in commerce is likely to cause damage and other irreparable injury

to Plaintiff, unless such use is enjoined by this Court, Plaintiff having no adequate

remedy at law.

50. Defendants’ use of one or more marks in commerce that are identical

to, substantially indistinguishable from, colorable imitations of, or confusingly

similar to Plaintiff’s Mark constitutes an infringement of Plaintiff’s rights in and to

its federally registered trademarks in violation of 15 U.S.C. § 1114.

51. Defendants’ aforesaid acts have been and are being committed with

knowledge of Plaintiff’s Mark, and that such acts are likely to cause confusion, or to

cause mistake, or to deceive. Defendants’ acts are, therefore, intentional, willful, and

maliciously calculated to cause confusion, to cause mistake, or to deceive. As such,

this is an exceptional case.

52. In accordance with 15 U.S.C. § 1117, Plaintiff is entitled to recover

-10-
from Defendants: (1) their profits; (2) any damages sustained by Plaintiff; and (3)

the costs of the instant action. Further, based upon the nature of Defendants’

violation of Plaintiff’s trademark rights, Plaintiff is entitled to reasonable attorneys’

fees, treble damages, and/or enhanced profits.

53. Plaintiff is further entitled to an award of three times its damages or

Defendants’ profits for Defendants’ intentional use of a counterfeit mark, pursuant

to 15 U.S.C. § 1117(b).

54. Alternatively, Plaintiff is entitled to recover, instead of actual damages

and profits, an award of statutory damages of not less than $1,000 or more than

$2,000,000 per counterfeit mark per type of good or service sold or offered for sale.

55. Plaintiff has been or is likely to be irreparably damaged by Defendants’

use of an infringing mark and will continue to be irreparably damaged unless

immediately and permanently enjoined by this Court.

COUNT III
FEDERAL UNFAIR COMPETITION
(15 U.S.C. § 1125(a))

56. Paragraphs 1-36 are incorporated herein by reference as if fully set

forth.

57. In marketing and selling their goods in commerce in the United States,

Defendants have used in connection with their goods a false designation of origin
-11-
that is likely to cause confusion, to cause mistake, or to deceive others to believe that

Defendants’ goods are sponsored by, approved by, originate with, or are affiliated

with Plaintiff, or that Plaintiff’s goods are sponsored by, approved by, originate with,

or are affiliated with Defendants.

58. Defendants have caused their goods to be offered for sale in commerce

with knowledge of such false designation of origin or description or representation.

59. Defendants have willfully promoted in commerce the sale of their

goods in a manner so as to falsely designate an origin or an association with Plaintiff

or with Plaintiff’s Mark, so as to be likely to cause confusion or mistake among

purchasers as to the true origin, source, sponsorship, or affiliation of Plaintiff’s or

Defendants’ goods, all to Defendants’ profit and Plaintiff’s damage.

60. Plaintiff has been and/or will be irreparably damaged by the use of such

false designation and/or representation and will continue to be irreparably damaged

unless Defendants are permanently enjoined by this Court, Plaintiff having no

adequate remedy at law.

61. Defendants’ acts, as set forth above, constitute unfair competition, false

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

62. Pursuant to 15 U.S.C. § 1117, Plaintiff is entitled to recover:

(1) Defendants’ profits; (2) any damages sustained by Plaintiff; and (3) the costs of
-12-
the instant action.

63. Based on the willful nature of Defendants’ violations of Plaintiff’s

trademark rights, this is an exceptional case, and Plaintiff is entitled to recover its

reasonable attorneys’ fees and treble profits or damages.

COUNT IV
COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR
COMPETITION

64. Paragraphs 1-36 are incorporated herein by reference as if fully set

forth.

65. Defendants’ use of marks that are confusingly similar to Plaintiff’s

Mark, in connection with goods which are the same as or are competitive with

Plaintiff’s goods, is likely to cause confusion, to cause mistake, and to deceive.

66. Defendants are offering their goods for sale with knowledge of

Plaintiff’s Mark.

67. Defendants have promoted and offered for sale their goods in such a

manner as to suggest an association, affiliation, or sponsorship with, or approval by

Plaintiff, or so as to cause, or be likely cause, confusion or mistake among purchasers

as to the origin or sponsorship of Plaintiff’s and Defendants’ goods, all to

Defendants’ profit and Plaintiff’s damage.

68. Defendants’ aforesaid conduct constitutes infringement of Plaintiff’s

-13-
common law rights in and to Plaintiff’s Mark, and further constitutes common law

unfair competition, all of which has irreparably damaged and/or will irreparably

damage Plaintiff, together with its goodwill and reputation, unless Defendants are

enjoined and restrained by this Court, Plaintiff having no adequate remedy at law.

COUNT V
GEORGIA DECEPTIVE TRADE PRACTICES
(O.C.G.A. § 10-1-370 et seq.)

69. Paragraphs 1-36 are incorporated herein by reference as if fully set

forth.

70. Defendants’ use of Plaintiff’s Mark is likely to cause confusion or

misunderstanding as to the source, sponsorship, or approval of Defendants’ goods

in violation of O.C.G.A. § 10-1-372(a)(2).

71. Defendants’ use of Plaintiff’s Mark is likely to cause confusion or

misunderstanding as to affiliation, connection, or association with Plaintiff in

violation of O.C.G.A. § 10-1-372(a)(3).

72. Defendants, in the course of Defendants’ business, have engaged in

other conduct that creates a likelihood of confusion or of misunderstanding in

violation of O.C.G.A. § 10-1-372(a)(12).

73. Plaintiff is likely to be damaged by Defendants’ actions.

74. Plaintiff has no adequate remedy at law and is entitled to permanent

-14-
injunctive relief, costs, and reasonable attorneys’ fees pursuant to O.C.G.A. § 10-1-

373.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff is entitled to and prays for relief as follows:

(i) That Defendants, and those persons in active concert or participation

with Defendants, be permanently enjoined and restrained from advertising, offering

for sale and selling pajamas, dresses, and any other products under or in connection

with Plaintiff’s Mark, or any other designation, trademark or service mark that is

likely to cause confusion, mistake, or deception as to the source or sponsorship of

Plaintiff’s and Defendants’ goods, or from otherwise infringing Plaintiff’s Mark;

(ii) That Defendants, and those persons in active concert or participation

with Defendants, be preliminarily and permanently enjoined and restrained from

reproducing, distributing and/or creating unauthorized derivative works and/or

copies of Plaintiff’s Copyrighted Work or from otherwise infringing Plaintiff’s

copyrights;

(iii) That an accounting be conducted and judgment rendered against

Defendants, jointly and severally, for:

a. all profits received by Defendants from the sale of goods under or in

connection with Plaintiff’s Mark in the United States;

-15-
 b. all damages in an amount to be proven at trial from, inter alia,

Defendants’ trademark infringement, unfair competition, false

designation of origin and false description or representation, pursuant

to 15 U.S.C. § 1051; and

c. any other actual and compensatory damages in an amount not presently

known, but to be computed during the pendency of this action.

(iv) That any damages assessed against Defendants for trademark

infringement and unfair competition be trebled pursuant to 15 U.S.C. § 1117, and

any profits be enhanced as warranted;

(v) Alternatively, an award of statutory damages from Defendants for

Defendants’ use of a counterfeit mark of no less than $1,000 and no more than

$2,000,000 per mark per type of good or service sold;

(vi) That Plaintiff be awarded damages for copyright infringement under

the Copyright Act, 17 U.S.C. § 504 et seq., together with any profits obtained by

Defendants as a result of or attributable to their copyright infringement; or in the

alternative and at Plaintiff’s election, an award of statutory damages of not less than

$750 and not more than $150,000 per Copyrighted Work infringed;

(vii) That Defendants be required to deliver up to be impounded in the

custody of the Court and/or Plaintiff during the pendency of this action all
-16-
Counterfeit Products and all records pertaining to Defendants’ infringement

documenting the manufacture, purchase, sale, or receipt of the Counterfeit Products,

including, but not limited to, communications with any suppliers, supplier contact

information, shipping information, and invoices;

(viii) That this Court order Defendants to deliver up for destruction all

unauthorized copies of Plaintiff’s Copyrighted Work in its possession, custody, or

control.

(ix) That Defendants be directed to file with the Court and serve upon

Plaintiff, no later than thirty (30) days after the issuance of an injunction, a report in

writing and under oath, setting forth in detail the manner and form in which

Defendants complied with the injunctions of the immediately preceding paragraphs

and any other provision of this Court’s Order.

(x) That Defendants be ordered to pay Plaintiff’s expenses in this suit,

including reasonable attorneys’ fees and costs pursuant to 15 U.S.C. § 1117(a) and

17 U.S.C. § 505; and

(xi) That Plaintiff be granted any other and further relief this Court deems

just and proper.

JURY DEMAND

Plaintiff demands a trial by jury of all issues so triable.

-17-
Dated: December 12, 2022.

Respectfully submitted,
THE SLADKUS LAW GROUP

s/Jason H. Cooper
Carrie A. Hanlon
Ga. Bar No. 289725
E-mail: carrie@sladlaw.com
Jeffrey B. Sladkus
Ga. Bar No. 651220
E-mail: jeff@sladlaw.com
Jason H. Cooper
Ga. Bar No. 778884
E-mail: jason@sladlaw.com

1397 Carroll Drive

Atlanta, GA 30318
Telephone: (404) 252-0900
Facsimile: (404) 252-0970

Attorneys for Plaintiff

-18-
Exhibit A
Reg. No. 5,986,477 CCA and B, LLC (GEORGIA LIMITED LIABILITY COMPANY)
3350 Riverwood Parkway
Registered Feb. 11, 2020 Atlanta, GEORGIA 30339

CLASS 29: Fruit based snack food

Int. Cl.: 29, 30
FIRST USE 11-7-2019; IN COMMERCE 11-7-2019
Trademark
CLASS 30: Food items, namely, breakfast cereals and toaster pastries
Principal Register
FIRST USE 11-7-2019; IN COMMERCE 11-7-2019

The colors red, white, grey-blue, grey, blue, beige, gold, green, and brown are claimed as a
feature of the mark

The mark consists of an elf dressed in red and white with a grey-blue swirl representing a
pom pom at the top of the elf's hat. Grey appears on the edges of the white collar. The white
between the elf's legs and between the elf's left arm and body represents background and is
not claimed as a feature of the mark. The elf is sitting on a blue and grey-blue shelf. The right
tip of the shelf is beige. Two gold pegs appear underneath the shelf on the right and left side.
The elf has green and white eyes, brown hair, red cheeks, gold skin, and red fingers. A
miniature green Christmas tree with a red base appears to the left of the elf. The tree and the
base have white spots throughout which represents background and is not claimed as a feature
of the mark. The circular ornaments on the tree are gold and red. A gold star appears on top of
the tree. To the right of the elf, a large gold book appears. The large book has two brown
stripes at the top of the book, two green squares outlined in white in the middle of the book,
and a single brown stripe at the bottom of the book. To the right of the large book, a smaller
brown book appears to be leaning on the large book. The smaller book has one grey-blue
stripe at the top of the book, a grey-blue square outlined in white in the middle of the book,
and two grey-blue stripes at the bottom of the book. The white appearing at the stripes
represents background and is not claimed as a feature of the mark. A solitary gold Christmas
ornament appears to the right of the small book. The solitary ornament has four red circles
below a red stripe in the middle of the ornament. A green ornament cap appears at the top
with a grey hook. The white background is not claimed as a feature of the mark.

OWNER OF U.S. REG. NO. 3585508

SER. NO. 88-545,605, FILED 07-29-2019

 REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*

What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*

What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5986477
Reg. No. 5,128,737 CCA and B, LLC (GEORGIA LIMITED LIABILITY COMPANY)
3350 Riverwood Parkway, Suite 300
Registered Jan. 24, 2017 Atlanta, GA 30339

CLASS 28: Doll clothes and doll accessories

Int. Cl.: 28
FIRST USE 7-22-2009; IN COMMERCE 7-22-2009
Trademark
The colors red, white, grey-blue, grey, blue, beige, gold, green, and brown are claimed as a
Principal Register feature of the mark.

The mark consists of an elf dressed in red and white with a grey-blue swirl representing a
pom pom at the top of the elf's hat. Grey appears on the edges of the white collar. The white
between the elf's legs and between the elf's left arm and body represents background and is
not claimed as a feature of the mark. The elf is sitting on a blue and grey-blue shelf. The right
tip of the shelf is beige. Two gold pegs that appear on the underneath the shelf on the right
and left side. The elf has green and white eyes, brown hair, red cheeks, gold skin, and red
fingers. A miniature green Christmas tree with a red base appears to the left of the elf. The
tree and the base have white spots throughout which represents background and is not
claimed as a feature of the mark. The circular ornaments on the tree are gold and red. A gold
star appears on top of the tree. To the right of the elf, a large gold book appears. The large
book has two brown stripes at the top of the book, two green squares outlined in white in the
middle of the book, and a single brown stripe at the bottom of the book. To the right of the
large book, a smaller brown book appears to be leaning on the large book. The smaller book
has one grey-blue stripe at the top of the book, a grey-blue square outlined in white in the
middle of the book, and two grey-blue stripes at the bottom of the book. The white appearing
at the stripes represents background and not claimed as a feature of the mark. A solitary gold
Christmas ornament appear to the right of the small book. The solitary ornament has four red
circles below a red stripe in the middle of the ornament. A green ornament cap appears at the
top with a grey hook. The white background is not claimed as a feature of the mark.

OWNER OF U.S. REG. NO. 3585508

SER. NO. 87-076,790, FILED 06-20-2016

RYAN MICHAEL CIANCI, EXAMINING ATTORNEY
 REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*

What and When to File:

First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.

Requirements in Successive Ten-Year Periods*

What and When to File:

You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*

Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.

*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.

NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.

Page: 2 of 2 / RN # 5128737
Exhibit B
Certificate of Registration
This Certificate iss aed un<lcr the seal of the Copyright
Office in accordance ·.11ith title 1;, l'llirerl Srarcs Cod!!,
attests that regtstrcuon ht1., been made for the won,
identified below The information on this cemficate has
been made a Fart of the Copyright Ofllce records.
Registratto» Number
�f�h��e;of
VA 1-698-498
Effective dale of
Amenca rcgtstratiun:
March 20, 2008

Title --------------------------
Title of \\lork: The Elf Sitting on the Shelf
Nnturc of Work: watercolor Painting/Cover Artwork
Completion/ Publication
Year of Comptettou: 2005
Dute of Jsl Publication: May I, 2005 Nation of 1st Publication: United States

Author
• Author: CCA :1.:ui B, LLC, employer for hire of'Coc Stcinwarr
Authur Created: 2-D:mensiooai art.Yock

numicilcd in: Uoited States

Anonymous: No Pseudcnvrnoue �o

Copyright claimant
Copyright Claimant: CCA and B, LLC
1590 N. Roberts Road, Suite 106, Kennesaw, GA, 30144

Limitation of copyright claim

Previously registered: No

Certification
Name: Jennifer B. Simpson
Date: Y..ach 17, 2008

Correspondence: Yes