estta tracking number: estta978611...
TRANSCRIPT
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA978611
Filing date: 06/05/2019
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91240097
Party DefendantKudo, Inc. dba Kudo Technologies
CorrespondenceAddress
JACQUELINE M LESSERBAKER & HOSTETLER LLP45 ROCKEFELLER PLAZA 14TH FLOORNEW YORK, NY 10111-0100UNITED [email protected], [email protected], [email protected],[email protected], [email protected]
Submission Other Motions/Papers
Filer's Name Jacqueline M. Lesser
Filer's email [email protected], [email protected], [email protected],[email protected], [email protected]
Signature /Jacqueline M. Lesser/
Date 06/05/2019
Attachments Exhibit B.pdf(2239907 bytes )Exhibit F.pdf(316568 bytes )Exhibit G.pdf(385588 bytes )Exhibit H.pdf(3543528 bytes )Fardad Declaration Redacted - signed.pdf(474279 bytes )Exhibit A_Redacted.pdf(82933 bytes )Exhibit C_Redacted.pdf(123160 bytes )Exhibit D_Redacted.pdf(163413 bytes )Exhibit E_Redacted.pdf(163517 bytes )
EXHIBIT B
EXHIBIT F
EXHIBIT G
Introducing LinkedIn Kudos: Say Thanks and Show Your Appreciation | Official LinkedIn Blog
https://blog.linkedin.com/2018/june/12/introducing-linkedin-kudos-say-thanks-and-show-your-appreciation[6/4/2019 4:08:25 PM]
Hermes Alvarez June 13, 2018 Tweet Share
Introducing LinkedIn Kudos: Say Thanks and Show
Your Appreciation
Did you know that seven out of 10 employees who receive appreciation for their work say they’re
happy with their jobs? While it may not be a big surprise that people who are recognized for a job
well done are more satisfied at work, being appreciated also leads to higher creativity and
productivity.
Saying thank you and recognizing others is also something we see happening frequently on
LinkedIn, so we wanted to make it even easier for you to give a shout-out to those that make a
difference in your week.
With LinkedIn Kudos, you now have a fun and easy way to share your appreciation for people in
your professional community. It’s now easier than ever to celebrate every success - big and small -
directly on LinkedIn.
A little recognition can go a long way: https://lnkd.in/gKzE6CT
Official Blog
Share
Introducing LinkedIn Kudos: Say Thanks and Show Your Appreciation | Official LinkedIn Blog
https://blog.linkedin.com/2018/june/12/introducing-linkedin-kudos-say-thanks-and-show-your-appreciation[6/4/2019 4:08:25 PM]
7,563,040 followers
Ready to get started?
1. Open your LinkedIn app on iOS or Android and tap on the ribbon icon in the share box at the
top of your feed.
2. Select a connection or multiple people to send kudos to teams big or small.
3. Choose from the 10 kudos categories, like “Team Player,” “Amazing Mentor,” or “Inspirational
Leader.”
4. Post to share the kudos to your LinkedIn Feed and the person you recognized will receive a
notification letting them know that you gave them a shout-out, in addition to seeing it in their
feed.
Need some inspiration?
Give the “Outside the Box Thinker” kudos to your colleague for coming up with a creative solution
to a problem, the “Making Work Fun” kudos to your coworkers for planning a team outing, or the
“Thank You” kudos to someone that gave you career advice.
Introducing LinkedIn Kudos: Say Thanks and Show Your Appreciation | Official LinkedIn Blog
https://blog.linkedin.com/2018/june/12/introducing-linkedin-kudos-say-thanks-and-show-your-appreciation[6/4/2019 4:08:25 PM]
LinkedIn Kudos is rolling out now globally in the LinkedIn iOS app, and coming soon to Android and
Introducing LinkedIn Kudos: Say Thanks and Show Your Appreciation | Official LinkedIn Blog
https://blog.linkedin.com/2018/june/12/introducing-linkedin-kudos-say-thanks-and-show-your-appreciation[6/4/2019 4:08:25 PM]
desktop. A small thank you can go a long way, so take a moment to make someone’s day by
sharing LinkedIn Kudos.
(1)“The Easiest Thing You Can Do to Be a Great Boss - David Sturt, O.C. Tanner Co.” 9 Nov,
2015, https://hbr.org/2015/11/the-easiest-thing-you-can-do-to-be-a-great-boss.
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Introducing LinkedIn Kudos: Say Thanks and Show Your Appreciation | Official LinkedIn Blog
https://blog.linkedin.com/2018/june/12/introducing-linkedin-kudos-say-thanks-and-show-your-appreciation[6/4/2019 4:08:25 PM]
User Agreement
EXHIBIT H
6/3/2019 TAUS Annual Conference 2018-Conferences - TAUS
https://www.taus.net/events/conferences/48-taus-annual-conference-2018 1/5
(https://www.taus.net/)
10 - 11 October, 2018
TAUS Annual Conference 2018
Fairmont Hotel Vancouver (https://www.taus.net/index.php?option=com_eventbooking&view=map&location_id=8&tmpl=component&format=html&Itemid=1293)
Global Intelligent Content Delivery in the Age of AI
Program
10 October
8:00 / Registration opens. Collaboration Pavilion opens. A light breakfast is served.
9:00 / Content Makes the World Go Round
Welcome to the TAUS Annual Conference, where the people meet who drive Global Intelligent Content Delivery. In a fast-paced overture to the two-
day event, some of the key actors will pitch their ideas about what is driving the content that makes the world go round.
Tuesday 9 October
Wednesday 10 October
Thursday 11 October
Program Committee
SAVE TO
HOW CAN WE
6/3/2019 TAUS Annual Conference 2018-Conferences - TAUS
https://www.taus.net/events/conferences/48-taus-annual-conference-2018 2/5
It’s the consumers that drive our content, says Paula Shannon, former CSO at Lionbridge. (see presentation)
(https://www.slideshare.net/secret/E6P4RbUZkyX8JR)
It’s all about powering digital transformation with content, says Thomas Labarthe, CRO at SDL. (see presentation)
(https://www.slideshare.net/secret/tHlznJIs4mDFV3)
Blockchain: it's the game changer we've all been waiting for, says Robert Etches, CEO of Ex uency. (see presentation)
(https://www.slideshare.net/secret/oMfeku9X7eBf9p)
All content is a bid to in uence behavior, whether for an idea, a brand, a product, or a policy, says Erik Vogt, VP at Moravia. (see presentation)
(https://www.slideshare.net/secret/MAs2RG4lDx8V6B)
It's about customizing the content for multi-language, multicultural audiences, says Claudia Mirza, CEO of Akorbi. (see presentation)
(https://www.slideshare.net/secret/y3FP9QzTzcfSOs)
The ‘New Global Content’ = Source+Target+Quality – but not as we know it..., says Paul Mangell, Director at Alpha. (see presentation)
(https://www.slideshare.net/secret/tuLAtp73AIUs3Y)
Content is a responsibility, says Alex Waibel, KIT and CMU. (see presentation) (https://www.slideshare.net/secret/Jwp53wSGO80r1j)
It’s you and me after all, says Renato Beninatto, CEO of Nimdzi. (see presentation) (https://www.slideshare.net/secret/ttVUK52FZrRjcE)
9:30 / Welcome to the TAUS Annual Conference 2018
9:50 / The Quantum Leap Conversation: Human Parity is Near
According to AI researchers around the world, we are approaching the moment of human parity very quickly. On average they expect that by 2024
computers will be capable of translating texts as well as human translators.
A Perspective
Chris Wendt made the journey himself from being a localization specialist at Microsoft at a time when everything was still ‘handcrafted’ to leading
their MT program. In this perspective he takes us a few years further forward, contemplating perfect automated translations.
Between Today and True Human Parity, Chris Wendt, Group Program Manager Machine Translation, Microsoft.
Microsoft declared it has reached human parity, in a narrow domain, for one language pair, using a combination system. Google had declared near
human parity a few years earlier. Automatic translation is used widely by consumers of information. Post editing, or translation from scratch, or
human interpretation is still used where the consequence of a mistake is costly. What is keeping businesses and government from publishing
automatically translated content everywhere, unreviewed, and all the time? We’ll have a look at the gaps in need of closure.
10:10 / Refreshment break
10:40 / The Conversation (see presentation) (https://www.slideshare.net/secret/qR6RK6K9hgLiGN)
MT managers/directors from some of the largest internet companies in the world discuss the accelerating returns they see from the investments
in their technologies. We’ll ask them about the latest developments and breakthroughs. How effectively can we train the new Neural MT engines?
Tell us more about the latest offerings in algorithms, data-sharing and customization. What are your predictions for the next few years for the MT
landscape? Is MT becoming a simple do-it-yourself service on the internet, or are we all becoming customers to a handful of companies with deep
enough pockets to pay for the infrastructure that’s needed to maintain cutting-edge AI technology? These and many more questions from the
audience will be discussed by the panel with the following gurus and long-time champions of MT.
Moderators of the conversation are Vasco Pedro from Unbabel and Steve Richardson from LDS Church.
Boxing Chen, Alibaba. Break down language barriers for businesses everywhere!
Alon Lavie, Amazon
Jean Senellart, Systran
Necip Fazil Ayan, Facebook. Breaking the language barriers on Facebook.
11:30 / The Use Cases (see presentation) (https://www.slideshare.net/secret/cugPLqR7cCWEAa)
MT is for everyone. Machine Translation has become mainstream in every language service provider’s business, as well as in large buyer
organizations. In a series of use case presentations, we learn from them. How do you manage the risks of underperforming engines? How do you
measure quality and ROI? What are the pitfalls? And the possible bene ts? How do you constantly improve?
This session is hosted by Steve Richardson from LDS Church.
6/3/2019 TAUS Annual Conference 2018-Conferences - TAUS
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Wayne Bourland, Dell. The risk of not scaling outweighs the risk of poor quality. (see presentation)
(https://www.slideshare.net/secret/whxnaTlwk44Do1)
Olga Beregovaya, Welocalize. One martini is all right. Two are too many, and three are not enough. (see presentation)
(https://www.slideshare.net/secret/y6LO0cbT3A70sj)
Mimi Hills, Vmware. Optimizing MT is like hopping between speeding trains. (see presentation)
(https://www.slideshare.net/secret/6nrKbuga7ZeIql)
Janice Campbell, Adobe. (see presentation) (https://www.slideshare.net/secret/yA64thywzqcpMW)
12:20 / Lunch
13:50 / The Game-Changer Innovation Contest - Part 1
Divided over four blocks, we will have companies competing for the prestigious TAUS Game Changer Innovation Awards. There is one award for
Insider Innovators and another for Invader Innovators. The audience is in charge of the votes.
A Word from the Host, Paula Shannon (Lionbridge) (see presentation) (https://www.slideshare.net/secret/kquQm0EqeGLvvY)
Three Insiders
14:00 / Get a Grip on Review – Sample!, Klaus Fleischmann (Kaleidoscope) (https://info.taus.net/taus-innovation-contest-video-by-kaleidoscope)
Intelligent sampling is the basis for a realistic and feasible approach to quality evaluation. This requires intelligent, controllable sampling
algorithms built into your automated process. And it needs to be done in a way, reviewers, translators, and project managers understand it and
bene t from it. Our innovation tries to bring these three aspects together in a standard tool.
14:06 / Intelligent Content Driven Personalization, Kirti Vashee (SDL) (https://info.taus.net/taus-innovation-contest-video-by-sdl) (see presentation)
(https://www.slideshare.net/secret/hsAGTSGhvzSHQ5)
Customers today engage extensively with content in all phases of their relationship with an enterprise, and this provides an opportunity for a
digitally savvy enterprise to provide unique combinations of "right" and relevant content to customers. This capability is even more powerful when
combined with MT. A content strategy is key to making this happen, and this session will share insights on how this could be done.
14:12 / Presenting OpenNMT, JP Barraza (Systran) (see presentation) (https://www.slideshare.net/secret/cvBgLp4FsVb14S)
14:20 / The Going Vocal Duet: Getting Closer (see presentation) (https://www.slideshare.net/secret/1sPSCEvRpqhAXf)
With Machine Translation (MT) improving very quickly we see Natural Language Processing (NLP) technology entering our everyday lives as it
appears via new devices and applications in our homes, cars, museums, hospitals, and … everywhere! User-friendly voices and avatars have begun
speaking and gesticulating to us as if human. But what's next in this brave new vocal world? How do translation services t? (Or do they?) And
where are the new business opportunities, for MT and for NLP more broadly?
Voice-driven intelligence is entering every aspect of our lives, not only in speech translation but in natural language processing more generally,
serving consumer-driven businesses like social media, mobility services, and mobile commerce platforms. Research leader Alex Waibel (interACT,
CMU, Karlsruhe Institute of Technology) and Mark Seligman, CEO of Spoken Translation, Inc. and TAUS Ambassador for Speech Translation, will
jointly examine the tech's rich history and thrilling prospects. How did we get where we are? What’s the state of play, and what’s next? What are the
obstacles and missing pieces, and how can language service providers help to provide solutions? Audience participation will be cordially invited.
15:00 / Refreshment break
15:30 / The Blockchain Conversation
Welcome to the new kid on the block: blockchain! No, not the bitcoins, but the technology behind it. All of a sudden we hear about its wonders and
how it will change the way we do business, completely and utterly. The reasoning is simple. Data are crucial as the new oil. As the previous two
conversations suggest, data help the technology masters build the best MT engines and the best robot companions. Data are more important than
algorithms. But who owns the data and where are they? In our world, data means primarily our translation memory data. The lack of clarity and the
absence of a universal law on data ownership leads to unbalanced business models. This is where blockchain comes in. It helps to regulate,
secure and monetize ownership of language data. “We need gateways, not gatekeepers”, as one of the startup websites puts it. Learn more in this
conversation with a mix of startup and established entrepreneurs about their visions and expectations of blockchain technology in the Global
Intelligent Content Delivery sector.
This conversation is hosted by Renato Beninatto, CEO of Nimdzi, and Jaap van der Meer, Director of TAUS.
Peggy Peng, LIC. Chain the world in your language. (see presentation) (https://www.slideshare.net/secret/pwQgXQ5Vd3ksBQ)
Robert Etches, Ex uency. Language belongs to the people, and blockchain technology just might be the means by which we give it back to
them. (see presentation) (https://www.slideshare.net/secret/jDsVldVEU6Gw9b)
16:10 / The Game-Changer Innovation Contest - Part 2
6/3/2019 TAUS Annual Conference 2018-Conferences - TAUS
https://www.taus.net/events/conferences/48-taus-annual-conference-2018 4/5
Four Invaders
16:10 / LIVE Cloud-Based Collaboration in Multiple Languages, Ewandro Magalhaes (KUDO, Inc.) (https://info.taus.net/taus-innovation-contest-video-by-
kudo)
KUDO is a powerful cloud-based platform streaming real-time language interpretation to your web meetings and live conferences, so everyone can
speak in their mother tongue. KUDO is out to expand the market by adding language and convenience to industries and markets that are not yet
multilingual.
16:16 Reduce your Integration Costs by a Factor of 10, Rikkert Engels (Xillio) (https://info.taus.net/taus-innovation-contest-video-by-xillio)
The translation industry is highly fragmented, resulting in very high integration costs. Most of them are 1:1. This is highly ine cient and limits the
speed of change required in today's market. Xillio solves these integration challenges by providing an N to N integration. Integrate your content
management systems once using one of our 20+ connectors and re-use the content in your translation technology of choice!
16:22 Lights-out Automation for Continuous Content Streams, Graham Neumann (Parakeet) (https://info.taus.net/taus-innovation-contest-video-by-
parakeet) (see presentation) (https://www.slideshare.net/secret/j0zpaf3CKWMIO0)
Handling translation of content for social media, customer support and marketing communications platforms demands a high degree of process
automation. This session will demonstrate some of the unique challenges associated with translation of continuous content streams and also
showcase how the Parakeet platform achieves lights-out automation by combining machine-learning with real-time monitoring and dispatch.
16:28 Blockchain will Reshape the Language Service Industry, Peggy Peng (LIC) (https://info.taus.net/taus-innovation-contest-video-by-lic) (see
presentation) (https://www.slideshare.net/secret/uc4VEDWSCo58Rl)
Blockchain, supplemented by distributed AI, will acknowledge the ability assets on the side of a translator, and realize the translator's value of
innovative endeavors in form of remuneration. Moreover, a translator will harvest additional bene t by making a contribution to the databank. This
process will lead to the translator delivering a higher quality work, and to the translation engine becoming smarter through learning from the
accumulated bank of data, and this, in turn, will lead to an enhanced quality and e ciency for the global translation industry.
16:34 / TAUS Program 2019
17:00 / Adjourn
18:00 / Networking dinner and TAUS Haus Band performance at The Portside Pub. (con rmation required)
Events Calendar
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4/12/2019 think! Interpreting Keynote: Yes, Let's Change. But You Go First! | GALA Global
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GALA
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About
think! Interpreting Keynote: Yes, Let's Change. But You GoFirst!Monday, 27 March, 2017 - 11:00
Change is seldom easy, especially when it involves multiple stakeholders and even entireorganizations. Many entities—from international organizations to language service companies—are watching technological change wreak havoc on traditional service and business models.Change is imperative but few want or even know how to initiate it.
4/12/2019 think! Interpreting Keynote: Yes, Let's Change. But You Go First! | GALA Global
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As chief interpreter at a United Nations agency, Ewandro set in motion a radical technologicalchange and managed it long enough to understand the interplay between technology andhuman behavior. He believes technology has always advanced faster than human behavior andthat the key to success in an industry undergoing such profound change—like languageservices—requires working “backward toward success.”
A case in point: After much reluctance, the market seems finally primed for remotecollaboration platforms allowing people to meet anytime, anywhere, in any language. Eventplanners continue to question the reliability of systems still in their infancy, while interpretersand equipment rental agents fear the new technologies may disrupt their markets to a point ofno return.
Yet demand for such disruptive solutions is growing, and clients are ready for the change. Thequestion is: are we?
Join Ewandro as he shares lessons learned from his own experience on how to approach suchparadigm shifts, where roles, concepts and even vocabulary need to be reinvented in order toaffect change and embrace the future.
RETURN TO SESSION DESCRIPTIONS
THINK! INTERPRETING, SHORT TALK
Ewandro Magalhaes, KUDO, Inc.Ewandro Magalhaes is a seasoned conference interpreter and formerconference manager in the United Nations system. As the Chief
Interpreter of ITU, Ewandro was instrumental in implementing an unprecedentedsystem of remote participation with full interpretation in the six UN languages. He hasan MA in Conference Interpretation from the Middlebury Institute of InternationalStudies at Monterey (MIIS). Ewandro is an engaging speaker, trainer and TED author.He has lived and worked on three continents and speaks four languages in addition tohis native Portuguese. After nearly 7 years in Geneva, Ewandro relocated to New Yorkin 2016 as the VP of Communications of KUDO, Inc.
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About GALAThe Globalization and Localization Association (GALA) is a global, non-profit tradeassociation for the language industry. As a membership organization, we support ourmember companies and the language sector by creating communities, championingstandards, sharing knowledge, and advancing technology.
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4838-7085-5831.1
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Kudos Inc.,
Opposer, v.
KUDO INC. d/b/a KUDO TECHNOLOGIES,
Applicant.
Opposition No. 91240097
DECLARATION OF FARDAD ZABETIAN
I, Fardad Zabetian, do hereby declare that:
1. I am the principal of Kudo, Inc. d/b/a Kudo Technologies, applicant in this proceeding
(“Kudo” or “my company”). I make the following statements on personal knowledge and
business records of my company.
DEVELOPMENT OF KUDO
2. KUDO is both our company name and our product, which is a cloud based audio and visual
simultaneous translation solution that is offered via an app or through a web browser. Our
product is used for conferences and meetings where multilanguage simultaneous
translation services are necessary. Our customers include international governmental and
quasi-governmental organizations, and companies that require simultaneous translation
services at meetings that are among multiple participants who speak different languages,
and who may be attending in multiple venues. The KUDO platform may be used in
webinars, conferences and events, which are live in a single location, or where there is a
projected meeting that is held in multiple locations, in different countries, which requires
2 4838-7085-5831.1
audio and visual simultaneous interpretation in two or more languages. The KUDO
business was established in November 2016 and is exclusively associated with the KUDO
branded product. Attached hereto as Exhibit A, are examples of the graphics associated
with the KUDO product and service. Bates Nos. 530-561.
3. The development of the KUDO platform was born from my deep knowledge of the
conferencing and translation business, and my background in computer science. I consider
myself an industry insider in the business of conferences in global markets and the
provision of translation services. I hold an MS in Engineering in Computer Computation
from San Francisco State University. Prior to establishing the KUDO business, I
established a separate and independent company, Media Vision USA, Inc., which to this
day is a leading provider of professional audio solutions for meetings, providing conference
microphone systems, simultaneous interpretation, and assistive listening solutions. As a
testimony to my company’s leadership in the field, Media Vision has equipped all rooms
of the United Nations headquarters in New York City with congress microphones and
simultaneous interpretation systems, including The General Assembly.
4. Through almost 20 years of personal and professional experience, I am intimately aware
of the types of companies and other organizations that require multilingual simultaneous
translation services.
5. KUDO is composed of a proprietary multilanguage simultaneous translation platform, of
which I am the inventor. I hold a published patent application for “Systems and Methods
for Changing Language During Live Presentation,” Appln. No. 2019/0056908 and
published on February 21, 2019. A copy of this published application is attached at Exhibit
B hereto. The original provisional patent application was filed on August 21, 2017.
3 4838-7085-5831.1
6. The KUDO platform is available through an app, and an online browser solution. The web
version was available in 2016, and the app was available in early 2017.
7. The KUDO platform provides a collaborative process in particular in an environment
where a meeting may be among country representatives who speak different languages and
want to have equal voices when discussing international objectives. As we have pointed
out in our slide, captioned Geneva Experience, U.N. member participants may have
negative perceptions of whether their country’s interests are being represented if translation
services are inadequate. Geographic and language barriers are particular significant in
multinational meetings. The KUDO solution is particularly advantageous where agility is
required – for example, in underserved locations, or where additional languages need to be
added in real time during a conference.
8. The platform also permits functions that would necessarily be adopted at a large-scale
meeting of a treaty based, or governmental organization, or a corporation shareholder
meeting. In addition to providing simultaneous translation, there are other features that
facilitate meetings. For example, there is an electronic voting function so that if
participants at a meeting are permitted to vote on an initiative, the KUDO platform permits
them to do so in a multiple choice or parliamentary format, i.e. utilizing Robert’s Rules of
Order, which requires a call to order, an agenda, and formal motions to vote. The software
provides the ability for a user to choose among particular languages by utilizing a
dropdown box to choose a particular language. Also, while a meeting session is ongoing,
there is a multichannel messaging function, which permits interpreters to collaborate on
the language relay or discuss language issues with operators, and participants to share
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meeting information or review technical issues with KUDO team members. Because this
is in “real time” it is essential that a user has an immediate response from the KUDO team.
9. When we developed the KUDO name, we had particular requirements for choosing a
brand. First, we were a U.S. based company with U.S. and foreign based clients. Since our
client base would necessarily be international, as the function of the KUDO platform is to
provide simultaneous multilanguage translation services to the global market, therefore, it
was very important that the name was short, that the name was not subject to different
pronunciations, and that the name was memorable. The name did not need to be an English
language-based name. My colleague, Ewandro Magalhaes, came up with several names,
among them, ATTEND; TURN UP; KUDO; TALK TROUGH, VOCAME. My
colleague’s preference was KUDO, which is the Albanian for “everywhere, anywhere, all
around, at every turn, throughout the land.” That seemed an appropriate way to sum up
our platform, in a word of four characters, which would not be subject to mispronunciation
in English or other languages.
BETA TESTS OF THE KUDO APP
10. The app was built on iOS beginning in January 2017. Attached hereto as Exhibit C, is a
download supporting the history of the iOS build, this document is a business record kept
in the ordinary course of business. We conducted the beta testing before the official launch
of the app in April 2017.
11. The Opposer in this proceeding has attempted to argue that KUDO did not “use” the app
until it received its first paid customer, for a conference scheduled for August 2017.
However, KUDO “used” the app with third party organizations before that date for beta
tests.
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12. We would not have achieved a paid customer without beta tests among high level
international organizations. Because our target market is composed of governmental and
quasi-governmental agencies, and large multinational corporations, it was essential that we
focused on some of the most prominent international agencies to test the app.
13. We launched the KUDO product for beta testing in December 2016 and identified
particular agencies for beta testing. On February 22,, 2017, we visited The World Bank
Group and on February 23rd 2017 The International Monetary Fund. On March 16th 2017,
we met with the International Monetary Fund again for a second trial of the software
through both the online browser and the app in its beta version, as well as the United
Nations for similar purposes. In each case, the user performed all of the functionalities of
the app to determine suitability to a performance at a live meeting.
14. At the World Bank Group on February 22, 2017, we met with David Leonard, Division
Manager Multimedia, Ruben Ortiz, Audiovisual Manager, and Marc Gershuny, General
Manager of Team People, at their global headquarters located at 1818 H St. NW,
Washington, DC. The World Bank works with country governments, the private sector,
civil society organizations, regional development banks, think tanks, and other
international institutions on issues ranging from climate change, conflict, and food security
to education, agriculture, finance, and trade. The United States is the largest shareholder of
the World Bank Group.
15. At the IMF, we met with Andrew Thomas, Senior Media Officer, and Brian Brustad,
Technology Officer, at its U.S. headquarters, located at 700 19th Street, NW, Washington,
DC 20431. The IMF was established in 1945 to foster global monetary cooperation.
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16. We tested the app at the United Nations headquarters in New York City on March 16th,
2017, where we met with Sergei Chernov, Chief Interpreter, for a test meeting named “ITU
Asia Pacific Regional development Forum”. The United Nations was formed post-World
War II, with its charter, making it the highest authority of international law. There are
currently 193 country state members of the U.N.
17. At each location, we met with personnel responsible for setting up meetings and managing
conference and interpretation technologies. The functionality of the app is done in real life,
real time conditions with a translator. Simultaneous translation services were provided
using regular KUDO interpreters. The user was provided a login and password to use the
app.
18. Subsequent to the beta testing, the KUDO app was made available for download through
the Apple App store, and Google Play Store. Attached, hereto as Exhibit D is a printout
showing downloads of the KUDO app from the App Store in April 2017. These downloads
occurred prior to the filing of the KUDO trademark application. (bates no. 563). The app
was downloaded from the Google Play Store before the filing of the trademark application.
See Exhibit E.
19. It is a given that the meetings of such organizations as IMF, the World Bank or the U.N.
would require simultaneous translation, since the member countries span the globe. These
customers will not typically purchase the service without extensive testing prior to
adoption. Moreover, when we deal with governmental agencies, and quasi-governmental
agencies, there is often an elaborate RFP process that is preliminary to actual purchase.
20. After the beta tests, our first paid customer was the International Telecommunication Union
(ITU), for use of the platform during an international conference held in August 2017. The
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International Telecommunications Union is a specialized agency of the United Nations,
which focuses on information and telecommunications technologies.
21. Opposer has tried to imply that the first use of the KUDO app was during this conference.
However, that is not the case. There were beta tests before, and indeed before we officially
made the app available for commercial distribution.
A COMPARISON OF OPPOSER’S PRODUCT AND THE KUDO PLATFORM
22. I have reviewed the public filings of the Opposer in support of its motion for summary
judgment, and public documents of Opposer’s business, including its accessible website,
and app. Although it is impossible to truly access the functionality of Opposer’s app
without purchasing Opposer’s human resources service, the website for the app make clear
that the business of Opposer is fundamentally different from our business.
23. First, Opposer claims it is a social networking platform. KUDO is not a social networking
platform. Social networking platform, such as “Twitter” or “Facebook” permit individuals
in a “social setting” to communicate with each other – for a particular purpose. The
definition of “social network” as it is defined in 2019, and not the 2007 definition used by
Opposer’s attorney is: “an online community of people with a common
interest who use a website or other technologies to communicate with each other and
share information, resources, etc.” See Exhibit F. The KUDO platform is used for
translation purposes, it is not a separate vehicle for interaction between people networking.
The communications between persons attending a meeting or conference are governed by
the terms of the conference. But for the conference, the KUDO translation service would
not be used.
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24. Second, from the materials that Opposer has submitted, and a review of Opposer’s website
and the nonconfidential materials to which I have been given access, it does not appear that
the Opposer provides general “social networking.” It appears that the Opposer’s social
networking is limited to intraoffice or intracompany communications attached to
Opposer’s human resource driven platform.
25. Third, from Opposer’s website, Opposer’s primary service appears to be a means for a
company to provide “kudos” some kind of compliment, or acknowledgement, a sticker, or
prize, or commendation to an employee who did a good job. This seems akin to what
LinkedIn is currently offering. See Exhibit G. The Opposer’s platform appears to be a
substitute for a traditional performance review.
26. Opposer’s business is to provide a way for employers to offer “kudos” to their employees,
so the employees don’t leave their job. There is a component of Opposer’s tool that offers
“real time” peer feedback in place of an annual performance review (Ashurov declaration
at 8-B), That is a completely different function than the KUDO platform.
27. Opposer’s business is so different from ours, that their interpretation of common language
is different. I am not sure how the Opposer uses the term “collaborate.” All
communications are collaborations. KUDO however permits persons, for example,
shareholders, stakeholders, country/state representatives who do not speak the same
language to express themselves in the same meeting using “downloadable software for
enabling online conferencing in multiple languages” and/or “SaaS featuring software for
enabling online conferencing in multiple languages.”
28. Our customers are language departments, and conference planners who are orchestrating
very high level and sophisticated meetings. “Collaboration” in this setting may mean
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adoption of particular multinational provisions in the context of a global meeting of
international significance.
29. The fact that the Opposer says that its services are in a number of languages is misleading.
There is a difference between offering directions, or “stickers” in other languages and
providing real time simultaneous interpretation for meetings. The mere act of having a
translated user interface does not enable employers and employees to speak in different
languages but rather enables them to access and use a service in a language other than
English while still communicating between them in that one foreign language. The Opposer
is no way operating in the Language Services Industry, but however by insisting on the
availability of its services in various languages seeks to mislead towards that claim.
30. Opposer states that Applicant has had a short and limited use of KUDO with little
opportunity for confusion to occur, however this couldn’t be further from the truth as
KUDO has placed exceptional emphasis on widespread marketing activities to all its trade
channels from day one. We have written and widely distributed 29 blog posts. Our social
media accounts show a high intensity of communications and high follower base. We pay
for widespread distribution of our press releases that are each picked up by hundreds of
publications. We have received editorial press coverage in print and online by all the
leading publications in our field. We have attended numerous tradeshows and I have been
hired for speaking engagements at conferences all around the world. Photographs from
our most recent conferences are attached hereto as Exhibit H. Our first conference was
the GALA Global Conference, March 26-29, 2017, Amsterdam, The Netherlands. Among
other conferences attended, by example are: Diversified Global Summit, May 19-24 2019,
Scottsdale AZ, USA; Integrated Systems Europe, February 5-8 2019, Amsterdam, The
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Netherlands; Slush, December 4-5 2018, Helsinki, Finland; American Translators
Association Annual Conference, October 24-27 2018, New Orleans LA, USA; 2nd
Mediterranean Congress on Cybersecurity, May 9-10 2019, Florence, Italy; New England
Translators Association Conference; GALA Global Conference, March 24-27 2019,
Munich, Germany; International Association of Conference Interpreters (AIIC) Remote
Simultaneous Interpreting, February 23-24 2019, Athens, Greece; International
Multilingual User Group (IMUG) at Adobe Headquarters, San Jose CA, January 17
2019;TAUS Annual Conference, October 10-11 2018, Vancouver, Canada
31. Other than this proceeding, we have not encountered Opposer or its business in any public
setting. No customer or potential customer has indicated any knowledge of the Opposer,
we have received no communications directed to Opposer. We do not attend the same
tradeshows or events; our products are not picked up by the same publications. In sum, we
are in two completely different fields and offer different services without any overlap.
Pursuant to 28 U.S. Code § 1746, I declare under penalty of perjury the foregoing statements
are true and correct.
Date: __________ __________________________________
Fardad Zabetian
June 5, 2019
EXHIBIT A (FILED UNDER SEAL SUBJECT TO PROTECTIVE ORDER)
EXHIBIT C (FILED UNDER SEAL SUBJECT TO PROTECTIVE ORDER)
EXHIBIT D(FILED UNDER SEAL SUBJECT TO PROTECTIVE ORDER)
EXHIBIT E(FILED UNDER SEAL SUBJECT TO PROTECTIVE ORDER)