estta tracking number: estta1137824 06/02/2021

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

ESTTA Tracking number: ESTTA1137824

Filing date: 06/02/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 92065546

Party PlaintiffJohn P. Bertoldi

CorrespondenceAddress

NEDEEN NASSERNASSER LAW501 W BROADWAY STE A202SAN DIEGO, CA 92101UNITED STATESPrimary Email: [email protected] Email(s): [email protected]

Submission Testimony For Plaintiff

Filer's Name Nedeen Nasser, Esq.

Filer's email [email protected], [email protected]

Signature /Nedeen Nasser/

Date 06/02/2021

Attachments 01_NotOfDecl_Rebuttal_Bertoldi.pdf(1137227 bytes )02_Not of Decl_Rebuttal_Tapia.pdf(756171 bytes )

https://estta.uspto.gov



In the matter of Trademark Registration: Mark: MAJESTICS Serial No. 77939505 Registration No. 4109381 Registration Date: 06 March 2012

John P. Bertoldi Petitioner, v. Majestics Car Club Inc. Respondent.

Cancellation No. 92065546

NOTICE OF REBUTTAL TESTIMONY

DECLARATION OF PETITIONER JOHN

BERTOLDI

Mark: MAJESTICS

NOTICE OF REBUTTAL TESTIMONY DECLARATION OF PETITIONER JOHN

BERTOLDI

Petitioner, by his attorney, submits the following declaration as testimony pursuant to

37 C.F.R. § 2.123. This declaration was also previously filed as a Notice of Reliance under

37 C.F.R. § 2.122.

Respectfully submitted.

_____/Nedeen Nasser/_______________

Nedeen Nasser, Esq.

Nasser Law

501 W. Broadway, Ste A202

San Diego, CA 92010

(310) 999-9464

Attorney for Petitioner

Cancellation No. 92065546 - 1 -




John P. Bertoldi Petitioner, v. Majestics Car Club, Inc. Respondents.

Cancellation No. 92065546 REBUTTAL TESTIMONY DECLARATION OF PETITIONER JOHN BERTOLDI Mark: MAJESTICS

REBUTTAL TESTIMONY DECLARATION OF PETITIONER JOHN

BERTOLDI

I, John Bertoldi, do hereby declare as follows:

1. I am an individual over the age of eighteen (18) years. I have personal knowledge of the

contents of this declaration and if called upon to testify, I could and would testify

competently thereto.

2. I am also known by the names Lil John and Giovanni Bertoldi.

3. I am the Petitioner in this cancellation proceeding.

4. I am the founder of the Majestics lowrider car club which was founded in in 1973.

5. I was the President of the Majestics lowrider car club’s first chapter, which became known as

the Mother Chapter and also known as the So Cal Chapter, from 1973 until about 1980.

Cancellation No. 92065546 2

REBUTTAL TESTIMONY DECLARATION OF PETITIONER JOHN BERTOLDI

6. The Majestics lowrider car club that I founded designed the current form of the stylized

MAJESTICS mark in 1974. It is has been used continuously until today.

7. Carlos Ramirez registered the same stylized MAJESTICS mark knowing he did not own the

MAJESTICS mark.

8. The Majestics lowrider car club that I founded is the most famous and well-recognized

Majestics car club, and one of the most famous lowrider car clubs in the United States and

throughout the world to date. It was started in 1973 and continues to this day in 2021.

CABRALS’ ABANDONED CAR CLUB FROM 1963 UNTIL ABOUT 1969

9. Richard Cabral founded and was the president of the 1963 social hot rod car club known as

the Majestics located only in Santa Fe Springs, California. It was a small neighborhood club.

I was also a member of this club. I have never denied this.

10. Richard Cabral’s brother, Michael Cabral, took over the duties as president of that hot rod car

club after Richard Cabral left the club.

11. Aside from one time at a pizza place, I do not recall seeing Michael Cabral for a period of

over 45 years after 1968 or 1969 when he disappeared from the 1963 social hot rod club.

That club was abandoned, disbanded, and dissolved shortly thereafter in 1969.

12. In 1973 I founded the Majestics lowrider car club as it is known today. It is a different club

from the club which the Cabral brothers were members, even though the name is the same.

13. The members of my Majestics lowrider car club fly a different car plaque from the plaque

that the Cabral brothers’ car club flew.

14. The MAJESTICS trademark that was registered by Carlos Ramirez (and later assigned to the

Respondents) in this proceeding is the same one that the Majestics lowrider car club has used

since 1974 continuously uses until today. It is not the same as the car plaque design that the



Cabral brothers’ car club members used from 1963-1968 or 1969.

15. Mr. Cabral acknowledges that the MAJESTICS trademark that was filed and registered by

Carlos Ramirez is not the same mark used on the car plaques from his club.

PRIOR OPPOSITION

16. I do not recall ever meeting either Carlos Ramirez AKA Lito or Anthony Romero AKA

Chino before approximately 2011 when they approached me to learn more about the

Majestics’ history.

17. Ernie Lopez also does not recall meeting Carlos Ramirez before 2008. 49 TTABVUE 36,

Lopez Dep. Tr. 33: 14-15, Nov. 25, 2019.

18. In 2011, I was contributing my time, photographs, magazine articles, and accounts of history

with Carlos Ramirez in an Opposition Proceeding No. 91196016 against Fredrick Staves

before this Board (“Prior Opposition”). I contributed to the Prior Opposition because I

believed, and still believe today, that no one person should own the MAJESTICS trademark.

I believe the MAJESTICS trademark belongs to all members.

19. Carlos Ramirez used the photographs and copies of posters and flyers that I supplied him of

the Majestics’ foundation in 1973 in order to try to show prior use against Fredrick Staves in

the Prior Opposition.

20. Upon Carlos Ramirez’s and Gordon Gray’s request, I personally met attorney Gordon Gray

on or about June 27, 2011 in order to lend support for the Prior Opposition. He then drafted

a declaration for me on or about June 30, 2011. On July 01, 2011, I informed him via email

that the declaration contained misstatements or statements to which I could not attest. One

such statement, in particular, was the year in which Mr. Ramirez became a member of the

Majestics lowrider car club, as I could not recall him being a member during my tenure as



President of the So Cal Chapter as he claimed. Attached hereto as EXHIBIT 1 is a true and

correct copy of the email chain between me and Mr. Gray.

21. I believe the Respondent is confusing my participation in the Prior Opposition with

authorizing Carlos Ramirez to file a trademark application in his name and supporting the

Respondent’s ownership of the MAJESTICS trademark. I have never authorized or

consented to Carlos Ramirez filing the MAJESTICS trademark application in the current

proceeding. I do not support the Respondent’s ownership in the MAJESTICS mark.

PETITIONER’S REBUTTAL OF ANGEL TAPIA AKA ANGEL SANTANA’S

TESTIMONY

22. In 1978 or 1979, I authorized the creation of the Compton Chapter of the Majestics lowrider

car club, because there was a need for a new chapter in that area. I was approached by

Roderick Robinson AKA Rod Parker AKA Boulevard Rod and his brother to start that

chapter. The Parker brothers had the requisite number of prospects with clean lowriders, so I

authorized them to fly the Majestics car plaques upon a majority vote of the membership.

23. Before I authorized the Compton Chapter’s creation, I did seek the approval of the majority

of the membership of my So Cal Chapter. Only about two out of about 45 members at the

time objected. Therefore the Compton Chapter of the Majestics lowrider car club was

approved to created.

24. Angel Santana AKA Angel Tapia was an early member of the Majestics lowrider car club

during my presidency, but he was not an original member of 1973. Angel Santana left the

Majestics lowrider car club in the early to mid 1980’s.

25. I have never once told Mr. Santana that he was the club historian. I never gave that title to

anyone in the club. The older photographs in this proceeding were mostly photographs that I

EXHIBIT 1

CERTIFICATE OF SERVICE

I hereby certify that on June 02, 2021, a true and complete copy of the foregoing NOTICE OF REBUTTAL TESTIMONY DECLARATION OF PETITIONER JOHN BERTOLDI and REBUTTAL TESTIMONY DECLARATION OF PETITIONER JOHN BERTOLDI have been served on counsel for Defendant by email to [email protected].

_____/Nedeen Nasser/_______________

Nedeen Nasser, Esq.




John P. Bertoldi Petitioner, v. Majestics Car Club Inc. Respondent.

Cancellation No. 92065546 NOTICE OF REBUTTAL TESTIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF PETITIONER Mark: MAJESTICS

NOTICE OF REBUTTAL TESTIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF PETITIONER

Petitioner, by his attorney, submits the following declaration as testimony pursuant to

37 C.F.R. ¤ 2.123. This declaration was also previously filed as a Notice of Reliance under

37 C.F.R. ¤ 2.122.

Respectfully submitted.

��/Nedeen Nasser/��

Nedeen Nasser, Esq.

Nasser Law

501 W. Broadway, Ste A202

San Diego, CA 92010

(310) 999-9464

Attorney for Petitioner

Cancellation No. 92065546 - 1 -




John P. Bertoldi Petitioner, v. Majestics Car Club, Inc. Respondent.

Cancellation No. 92065546 REBUTTAL TESIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF PETITIONER Mark: MAJESTICS

REBUTTAL TESIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF

PETITIONER

I, Fred Tapia do hereby declare as follows:

1. I am an individual over the age of eighteen (18) years. I have personal knowledge of the

contents of this declaration and if called upon to testify, I could and would testify

competently thereto.

2. I am also known by the name Magoo.

3. In my testimony, I wish to correct the record of misstatements made by my half-brother

Angel Tapia AKA Angel Santana (“Angel” or “Santana”) in his earlier declaration testimony

and his cross examination deposition taken on March 16, 2021.

4. Angel has used the name Angel Tapia as his legal name. Angel has been known throughout


REBUTTAL TESIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF PETITIONER

his life as Angel Tapia. While growing up, the kids at school referred to him as Angel Tapia.

He signs documents as Angel Tapia. He introduces himself as Angel Tapia. The only times

I have witnessed his using the name Angel Santana were (1) in this proceeding and (2) for his

acting career as his stage name.

5. Angel has not been honest about his high school attendance. I reviewed Angel’s cross

examination transcript from the deposition held on March 16, 2021 and I found that he stated

he graduated Lynwood High School in 1968. 75 TTABVUE 15, Santana Dep. Tr. 14:21-24.

He did not graduate in 1968, because his picture in the yearbook was taken for the 1970

school year. In 1970 when this picture was used in the yearbook, I also attended Lynwood

High School as a sophomore and Angel was a junior. Although Angel was two years older

than I, he was only one grade level above me. Attached hereto as EXHIBIT 1 is a true and

correct copy of a page from my 1970 online yearbook for Lynwood High School. It shows

that Angel, could not have graduated high school in 1968 as he previously stated.

6. Angel could have no first-hand knowledge about the Cabral brothers founding the Majestics

in 1963 because he was only about 12 years old at the time. Our parents were strict, so he

would not have been able to be out with them.

7. Both Angel and I received our plaques bearing the MAJESTICS mark from John Bertoldi in

1973. The Majestics club chapters he authorized are still operating today.

8. Angel has not been honest about how his name was verified to obtain his home loan. I was

present when my brother Angel signed for the loan on his home January 14, 2014. I recall

that Angel presented his identification at the time to the loan officer Daniel Ward and the

notary who told him to sign his name as it appeared on his driver’s license at the time. This

is why he used the name Angel Tapia. I do not know if Angel had his name changed since


REBUTTAL TESIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF PETITIONER

that time.

9. Angel has not been honest about owning an autobody shop. In his cross examination, Angel

falsely stated that he owned a body shop with me. 75 TTABVUE 30, Santana Dep. Tr.

29:20. I owned a body shop with another man named Jimmy Rogers. The name of the shop

was F&J’s Body Shop located in Lynwood on Long Beach Boulevard where the ‘F’ and ‘J’

stood for Fred and Jimmy. Angel was not an owner, but he did work there with us. This is

the same Jimmy referenced in Angel’s cross examination where Angel claims Jimmy worked

for the body shop but could not remember his last name. 75 TTABVUE 35-36, Santana Dep.

Tr. 24:18-35:1.

10. Angel has not been honest about being the Majestics lowrider car club historian. Angel

claims he was the historian of the club, but this is incorrect. The Majestics did not have a

historian. Many people took pictures for the club; none were considered the club’s historian.

11. Angel confuses “White Boy Tommy” and “Fat Tommy”. Angel refers to “White Boy

Tommy” as “Fat Tommy” when, in fact, the two are different men with the name Tommy.

75 TTABVUE 32, Santana Dep. Tr. 31:1-2. White Boy Tommy is someone whose race is

white while Fat Tommy was considered Hispanic. Fat Tommy’s true name was Tommy

Arenas.

12. I reject Angel’s statement that I and John Bertoldi were trying to profit off the mark. I had,

and continue to have, ongoing business dealings. Such dealings require much of my time

and would be more lucrative for me to pursue than trying to own the MAJESTICS trademark.

Further, as I am a publisher of a lowrider internet magazine, it would create an appearance of

a bias that would hurt my business which depends on sales among members of other lowrider

car clubs. I am testifying in this cancellation proceeding to protect the rights of all Majestics

EXHIBIT 1

CERTIFICATE OF SERVICE

I hereby certify that on June 02, 2021, a true and complete copy of the foregoing NOTICE OF

REBUTTAL TESTIMONY DECLARATION OF FRED TAPIA IN SUPPORT OF

PETITIONER and REBUTTAL TESTIMONY DECLARATION OF FRED TAPIA IN

SUPPORT OF PETITIONER have been served on counsel for Defendant by email to

geg�grayiplaw.com.

��/Nedeen Nasser/��

Nedeen Nasser, Esq.

estta tracking number: estta1137824 06/02/2021

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