notice of oppositionttabvue.uspto.gov/ttabvue/ttabvue-91250860-opp-1.pdf · u.s. registration no....

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

ESTTA Tracking number: ESTTA1001304

Filing date: 09/11/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE 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 DaVita Inc.

Granted to Dateof previous ex-tension

09/11/2019

Address 2000 16TH STREETDENVER, CO 80202UNITED STATES

Attorney informa-tion

MIRIAM D. TRUDELL, SABRINA C. STAVISH, CAROLINE E. BRYCESHERIDAN ROSS P.C.1560 BROADWAY, SUITE 1200DENVER, CO 80202UNITED [email protected], [email protected],[email protected]

Applicant Information

Application No 88227445 Publication date 05/14/2019

Opposition FilingDate

09/11/2019 Opposition Peri-od Ends

09/11/2019

Applicant Mazzi Global8111 Spectrum Center Blvd #3313San Diego, CA 92123UNITED STATES

Goods/Services Affected by Opposition

Class 041. First Use: 2018/07/30 First Use In Commerce: 2018/12/01All goods and services in the class are opposed, namely: Conducting guided tours of Italian wineries,vineyards, food manufacturing sites, gourmet restaurants, and specialty food markets; the aforemen-tioned conductedby experts in the food, wine, and restaurant industries

Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d)

Marks Cited by Opposer as Basis for Opposition

U.S. RegistrationNo.

4340687 Application Date 06/21/2011

Registration Date 05/28/2013 Foreign Priority NONE

http://estta.uspto.gov

Date

Word Mark DAVITA

Design Mark

Description ofMark

NONE

Goods/Services Class 003. First use: First Use: 2008/03/12 First Use In Commerce: 2008/03/12[ Fabric stain spot remover pen ]Class 009. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00Calculators; DVD'S in the field of kidney disease; [ mousepads; ] computer soft-ware for management of dialysis clinics used for scheduling, insurance verifica-tion, billing and maintenance of patient electronic health records; magnetsClass 014. First use: First Use: 2009/07/24 First Use In Commerce: 2009/07/24Lapel pinsClass 016. First use: First Use: 2009/01/21 First Use In Commerce: 2009/01/21Newsletters, informational flyers, brochures, magazines, journals in the field ofkidney disease; posters, paper banners; bookmarks, pens, stationery, business-cards; lunch bagsClass 018. First use: First Use: 2008/10/09 First Use In Commerce: 2008/10/09Umbrellas and tote bagsClass 020. First use: First Use: 2006/11/08 First Use In Commerce: 2006/11/08PillowsClass 021. First use: First Use: 2008/10/09 First Use In Commerce: 2008/10/09Coffee mugsClass 022. First use: First Use: 2010/06/30 First Use In Commerce: 2010/06/30Lanyards for holding badges and keysClass 024. First use: First Use: 2008/11/25 First Use In Commerce: 2008/11/25Fabric table runners; table cloths; lapblanketsClass 025. First use: First Use: 2008/10/20 First Use In Commerce: 2008/10/20Clothing, namely, socks, t-shirts, sweatshirts, polo t-shirts, jackets, scarves,caps, visors, beanies, sweatpants, vestsClass 027. First use: First Use: 2009/09/22 First Use In Commerce: 2009/09/22Floor matsClass 028. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31[ Christmas tree ornaments; board games; stuffed toy animals; ] stress reliefballs for hand exerciseClass 035. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00Management and administration of medical facilities related to the care of renalpatients; management of dialysis centers for third parties; nephrologist careerplacement services; public policy consultancy and public advocacy services topromote awareness of kidney disease and dialysis; charitable services to pro-motepublic awareness about kidney related diseases; online retail stores ser-

vices featuring education kits, brochures, posters, flipcharts, DVDs, fliers, but-tons, caps, jackets, vests, pillows, beanies, tote bags, lunch coolers, scarves,journals, table games, blankets, pill cases, bracelets; online physician recruit-ment servicesClass 036. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00[ Administration of health care services plans for others; ] providing medical in-surance and financial assistance information to patients with kidney disease,charitable fundraising services in the form of walks, runs and bike ride eventsClass 038. First use: First Use: 2005/01/00 First Use In Commerce: 2005/01/00Providing online discussion forums in the field of kidney diseaseClass 039. First use: First Use: 2006/00/00 First Use In Commerce: 2006/00/00Online travel planning services for dialysis patientsClass 041. First use: First Use: 2004/00/00 First Use In Commerce: 2004/00/00Educational services, namely, training physicians about treatment for renal pa-tients, providing continuing professionaleducation courses for nurses in the fieldof renal disease and providing classes and training to renal patients about renaldisease, health and medical information; online publications, namely, newslet-ters, books and journals and informational brochures in the field of kidney dis-ease; educational services, namely, conducting classes, workshops and sem-inars for local doctors, nurses, and dieticians in impoverished areas in the fieldof kidney disease; online journals, namely,blogs in the field of kidney disease;nephrologist career counseling services, namely, providing advice concerningeducation option to pursue career opportunities; providing on-line publications inthe nature of articles in the field of kidney diseaseClass 042. First use: First Use: 2005/00/00 First Use In Commerce: 2005/00/00Medical laboratory services, providing temporary use of on-line non-downloadable software development tools for providing information and loca-tions of dialysiscenters for renal patients; providing temporary use of non-downloadable software to calculate kidney function and the availability of thekidney function calculators by telephone; medical and scientific research,namely, conducting clinical trialsClass 043. First use: First Use: 2004/08/00 First Use In Commerce: 2004/08/00Providing an online computer database to consumers concerning recipes for kid-ney disease patientsClass 044. First use: First Use: 2004/08/00 First Use In Commerce: 2004/08/00Medical services, namely, providing in-center and in-home treatment for patientswith kidney disease; medical services,namely, outpatient and inpatient dialysiscenters for renal therapy; hospital inpatient and outpatient services in the field ofdialysis and kidney disease; in-home and in-center hemodialysis and peritonealdialysis services, infusion therapy services and blood therapy services;healthcare services, namely, disease management programs; website containing on-line medical information in the fields of kidney disease and dialysis, diabetes,nutrition, and other health topics; online diet and nutritional information for kid-ney disease and dialysis patients; information services, namely, providing in-formation in the field of dialysis centers and their locations; providing a web sitefeaturing medical information anddiet information; providing a website for physi-cians providing information in the field of kidney disease; providing a websitefeaturing non-downloadable online videos in the field of kidney disease



Registration Date 03/08/2011 Foreign PriorityDate

NONE

Word Mark VILLA BY DAVITA

Design Mark

Description ofMark

NONE

Goods/Services Class 025. First use: First Use: 2009/06/00 First Use In Commerce: 2009/06/00Clothing, namely, shirtsClass 044. First use: First Use: 2009/06/00 First Use In Commerce: 2009/06/00Medical services, namely, operation of dialysis facilities for renal therapyClass 045. First use: First Use: 2009/06/00 First Use In Commerce: 2009/06/00Concierge services for others comprising making requested personal arrange-mentsand reservations and providing customer-specific information to meet indi-vidualneeds rendered together in a patient receiving treatment center




NONE

Word Mark TOUR DAVITA

Design Mark

Description ofMark

NONE

Goods/Services Class 016. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00Posters, postcards, stationeryClass 025. First use: First Use: 2008/07/00 First Use In Commerce: 2008/07/00Clothing, namely, t-shirts, capsClass 035. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00Charitable services, namely, promoting public awareness about kidney relateddiseasesClass 036. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00Charitable fund raising services, namely, organizing and conducting cyclingevents to raise funds for kidney-related diseasesClass 041. First use: First Use: 2007/07/00 First Use In Commerce: 2007/07/00Charitable services, namely, organizingand conducting a cycling event the pro-

ceeds of which are donated to charity




NONE

Word Mark TOUR DAVITA

Design Mark

Description ofMark

The mark consists of a figure of a cyclist, with thick contour lines alongside thewords "TOUR DAVITA", all inside a circle.

Goods/Services Class 016. First use: First Use: 2008/07/00 First Use In Commerce: 2008/07/00Posters, postcards, stationeryClass 025. First use: First Use: 2008/07/00 First Use In Commerce: 2008/07/00Clothing, namely, t-shirts, capsClass 035. First use: First Use: 2008/07/00 First Use In Commerce: 2008/07/00Charitable services, namely, promoting public awareness about kidney relateddiseasesClass 036. First use: First Use: 2008/07/00 First Use In Commerce: 2008/07/00Charitable fund raising services, namely, organizing and conducting cyclingevents to raise funds for kidney-related diseasesClass 041. First use: First Use: 2008/07/00 First Use In Commerce: 2008/07/00Charitable services, namely, organizingand conducting a cycling event the pro-ceeds of which are donated to charity

U.S. Application/ Registra-tion No.

NONE Application Date NONE

Registration Date NONE

Design Mark

Goods/Services Â#charitable fund raising services, namely, organizing and conductingcycling events to raise funds for kidney-related diseases,Â# in Class36 and Â#charitable services, namely, organizing and conducting acycling event the proceeds of which are donated to charity,Â# inClass 41.




NONE

Word Mark DAVITA CLINICAL RESEARCH

Design Mark

Description ofMark

NONE

Goods/Services Class 042. First use: First Use: 2000/10/00 First Use In Commerce: 2000/10/00Clinical and scientific research, trials, and product development in the followingmedical fields-- renal, hepatic, cardiovascular [, dermatology, infectious disease,obstetrics, gynecology, and neurology ]




NONE

Word Mark DAVITA

Design Mark

Description ofMark

NONE

Goods/Services Class 042. First use: First Use: 2000/10/05 First Use In Commerce: 2000/10/05Outpatient renal care services




NONE

Word Mark DAVITA

Design Mark

Description ofMark

NONE

Goods/Services Class 042. First use: First Use: 2000/10/05 First Use In Commerce: 2000/10/05outpatient renal health care services




NONE

Word Mark DAVITA

Design Mark

Description ofMark

The mark consists of the word "DAVITA" in stylized form with a star on top of theletter "i".

Goods/Services Class 003. First use: First Use: 2008/03/12 First Use In Commerce: 2008/03/12[ Fabric stain spot remover pen ]Class 009. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00[ Calculators; ] DVD'S in the field of kidney disease [ ; mousepads; computersoftware for management of dialysis clinics used for scheduling, insurance veri-fication, billing and maintenance of patient electronic health records; magnets ]Class 014. First use: First Use: 2009/07/24 First Use In Commerce: 2009/07/24[ Lapel pins ]Class 016. First use: First Use: 2009/01/21 First Use In Commerce: 2009/01/21[ Newsletters, informational flyers, brochures, magazines, journals in the field ofkidney disease; posters, paper banners; bookmarks, pens, stationery, businesscards; lunch bags ]

Class 018. First use: First Use: 2008/10/09 First Use In Commerce: 2008/10/09[ Umbrellas and tote bags ]Class 020. First use: First Use: 2006/11/08 First Use In Commerce: 2006/11/08[ Pillows ]Class 021. First use: First Use: 2008/10/09 First Use In Commerce: 2008/10/09[ Coffee Mugs ]Class 022. First use: First Use: 2010/06/30 First Use In Commerce: 2010/06/30[ Lanyards for holding badges and keys ]Class 024. First use: First Use: 2008/11/25 First Use In Commerce: 2008/11/25[ Fabric table runners; table cloths; lap blankets ]Class 025. First use: First Use: 2008/10/20 First Use In Commerce: 2008/10/20[ Clothing, namely, socks, t-shirts, sweatshirts, polo t-shirts, jackets, scarves,caps, visors, beanies, sweatpants, vests ]Class 027. First use: First Use: 2009/09/22 First Use In Commerce: 2009/09/22[ Floor mats ]Class 028. First use: First Use: 2007/05/31 First Use In Commerce: 2007/05/31[ Christmas tree ornaments; board games; stuffed toy animals; stress relief ballsfor hand exercise ]Class 035. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00Management and administration of medical facilities related to the care of renalpatients [ ; management of dialysis centers for third parties; nephrologist careerplacement services; public policy consultancy and public advocacy services topromote awareness of kidney disease and dialysis; charitable services to pro-mote public awareness about kidney related diseases; online retail stores ser-vices featuring education kits, brochures, posters, flipcharts, DVDs, fliers, but-tons, caps, jackets, vests, pillows, beanies, tote bags, lunch coolers, scarves,journals, table games, blankets, pill cases, bracelets; online physician recruit-ment services ]Class 036. First use: First Use: 2007/00/00 First Use In Commerce: 2007/00/00[ Administration of health care services plans for others; ] providing medical in-surance and financial assistance information to patients with kidney disease [,charitable fundraising services in the form of walks, runs and bike ride events ]Class 038. First use: First Use: 2005/01/00 First Use In Commerce: 2005/01/00[ Providing online discussion forums inthe field of kidney disease ]Class 039. First use: First Use: 2006/00/00 First Use In Commerce: 2006/00/00[ Online travel planning services for dialysis patients ]Class 041. First use: First Use: 2004/00/00 First Use In Commerce: 2004/00/00[ Educational services, namely, training physicians about treatment for renal pa-tients, providing continuing professional education courses for nurses in the fieldof renal disease and providing classes and training to renal patients aboutrenaldisease, health and medical information; ] online publications, namely, newslet-ters, books and journals and informational brochures in the field of kidney dis-ease; [ educational services, namely, conducting classes, workshops and sem-inars for local doctors, nurses, and dieticians in impoverished areas in the fieldof kidney disease; online journals, namely, blogs in the field of kidney disease; ]nephrologist career counseling services, namely, providing advice concerningeducation option to pursue career opportunities; providing on-line publications inthe nature of articles in the field of kidney diseaseClass 042. First use: First Use: 2005/00/00 First Use In Commerce: 2005/00/00[ Medical laboratory services, providing temporary use of on-line non-downloadable software development tools for providing information and loca-tions of dialysis centers for renal patients; providingtemporary use of non-

downloadable software to calculate kidney function and theavailability of the kid-ney function calculators by telephone; medical and scientific research, namely,conducting clinical trials ]Class 043. First use: First Use: 2004/08/00 First Use In Commerce: 2004/08/00Providing an online computer database to consumers concerning recipes for kid-ney disease patientsClass 044. First use: First Use: 2004/08/00 First Use In Commerce: 2004/08/00Medical services, namely, providing in-center and in-home treatment for patientswith kidney disease; medical services,namely, outpatient and inpatient dialysiscenters for renal therapy; hospital inpatient and outpatient services in the field ofdialysis and kidney disease; in-home and in-center hemodialysis and peritonealdialysis services, infusion therapy services and blood therapy services;healthcare services, namely, disease management programs; website containing on-line medical information in the fields of kidney disease and dialysis, diabetes,nutrition, and other health topics; online diet and nutritional information for kid-ney disease and dialysis patients; information services, namely, providing in-formation in the field of dialysis centers and their locations; providing a web sitefeaturing medical information anddiet information; [ providing a websitefor physi-cians providing information inthe field of kidney disease; ] providing a websitefeaturing non-downloadable online videos in the field of kidney disease




NONE

Word Mark DAVITA RX

Design Mark

Description ofMark

NONE

Goods/Services Class 009. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Vision magnifying lenses; magnetsClass 016. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Brochures in the field of full-service pharmacy services and resources for renalpatients; pensClass 018. First use: First Use: 2008/06/00 First Use In Commerce: 2008/06/00Tote bagsClass 021. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Pill boxes for personal use; pill traysClass 035. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Specialized retail pharmacy for renal patients; website in the field of retail phar-macy services

U.S. Registration 3988658 Application Date 08/12/2010

No.


NONE

Word Mark DAVITA RX

Design Mark

Description ofMark

The mark consists of the words "DAVITA RX" with a star inside the letter "D" anda vertical line that divides the words"DAVITA" and "RX".

Goods/Services Class 009. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Vision magnifying lenses; magnetsClass 016. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Brochures in the field of full-service pharmacy services and resources for renalpatients; pensClass 018. First use: First Use: 2008/06/00 First Use In Commerce: 2008/06/00Tote bagsClass 021. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Pill boxes for personal use; pill traysClass 035. First use: First Use: 2005/10/00 First Use In Commerce: 2005/10/00Specialized retail pharmacy for renal patients; website in the field of retail phar-macy services




NONE

Word Mark DAVITA VILLAGEHEALTH

Design Mark

Description ofMark

NONE

Goods/Services Class 016. First use: First Use: 2010/12/00 First Use In Commerce: 2010/12/00Publications, namely, newsletters, periodicals, informational brochures andmagazines in the field of kidney diseaseClass 036. First use: First Use: 2009/10/00 First Use In Commerce: 2009/10/00Administration of health care service plans for others

Class 044. First use: First Use: 2009/10/00 First Use In Commerce: 2009/10/00Health care services, namely, kidney disease management programs




NONE

Word Mark DAVITA

Design Mark

Description ofMark

The mark consists of the word "DAVITA" in stylized form in blue with a yellowstar replacing the dot on top of the letter "i" and the left hand stalk of the letter"V" making an arc shape over the letters "DA".

Goods/Services Class 044. First use: First Use: 2016/10/29 First Use In Commerce: 2016/10/29Health care; Medical services; Medical services, namely, kidney dialysis ser-vices




NONE

Word Mark DAVITA

Design Mark

Description ofMark

NONE

Goods/Services Class 044. First use: First Use: 2000/10/05 First Use In Commerce: 2000/10/05Health care; Medical services




NONE

Word Mark DAVITA

Design Mark

Description ofMark

The mark consists of the word "DAVITA" in stylized form with a star on top of theletter "i".

Goods/Services Class 044. First use: First Use: 2000/10/05 First Use In Commerce: 2000/10/05Health care; Medical services




NONE

Word Mark DAVITA KIDNEY ROCK

Design Mark

Description ofMark

NONE

Goods/Services Class 025. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Clothing, namely, t-shirtsClass 035. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Charitable services, namely, promoting public awareness about kidney diseaseClass 036. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Charitable fundraising services, namely, organizing and conducting events, inthe nature of run/walk events and block parties, to raise funds for kidney relateddiseasesClass 041. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Charitable services, namely, organizingand conducting run/walk events andblock parties, the proceeds of which are donated to charity




NONE

Word Mark DAVITA KIDNEY ROCK

Design Mark

Description ofMark

The mark consists of the image of a guitar with the words "DAVITA KIDNEYROCK" to the right side.

Goods/Services Class 025. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Clothing, namely, t-shirtsClass 035. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Charitable services, namely, promoting public awareness about kidney diseaseClass 036. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Charitable fundraising services, namely, organizing and conducting events, inthe nature of run/walk events and block parties, to raise funds for kidney relateddiseasesClass 041. First use: First Use: 2011/08/06 First Use In Commerce: 2011/08/06Charitable services, namely, organizingand conducting run/walk events andblock parties, the proceeds of which are donated to charity

U.S. ApplicationNo.


Registration Date NONE Foreign PriorityDate

NONE

Word Mark DAVITA

Design Mark

Description ofMark

The mark consists of the word "DAVITA" in stylized form with a star replacingthe dot on top of the letter "i" and the left hand stalk of the letter "V" makingan

arc shape over the letters "DA".

Goods/Services Class 009. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18Calculators; magnets; mousepads; prerecorded DVDs in the fields of health andmedicine; downloadable scientific and medical data via the Internet; download-ableelectronic publications in the nature of informational flyers, brochures,magazines, and journals in the fields of health and medicine; downloadable soft-ware in the nature of a mobile application formanagement of patient health con-ditionsand diet, namely, software that allows users to record and review symp-toms, ailments, activities, prescriptions, supplements, medication compliance,health records, fluid intake, diet, medical recommendations, request medical ap-pointments,request prescription refills, and coordinate access to health care ser-vices so as to better control health of the patient; computer software for man-agement of patient health conditions, namely, software for big data analytics inthe natureof analyzing big data concerning patient health conditions; computersoftware for management of patient health conditions, namely, software for com-piling and analyzing scientific and medical data regarding patient health condi-tions; computer software for management of patient health conditions, namely,software for collecting and analyzing data in the fieldof healthcare in the natureof patient health condition data; computer softwarefor management of patienthealth conditions, namely, software for accessing andimporting scientific andmedical data and information in the nature of patient health condition data andinformation toanalyze, visualize, share, and perform calculations within compu-tational and analytical data models, computational algorithms and software ap-plications; computer software for management of patient health conditions,namely, software that allows users to record and review symptoms, ailments,activities, prescriptions, supplements, medication compliance, health records,fluid intake, diet, medical recommendations, request medical appointments, re-quest prescription refills, andcoordinate access to health care services so as tobetter control health of thepatient; computer software for management of dialys-is, medical and health clinics used for scheduling, insurance verification, billingand maintenance of patient electronic health records; downloadable software inthe nature of a mobile application for management of medical, health and dialys-is clinics used for scheduling, insurance verification, billing and maintenance ofpatient electronic health records; prerecorded DVDs in the field of kidney dis-ease; downloadable electronic publications in the nature of informational flyers,brochures, magazines, and journals in the field of kidney disease; computer soft-ware for management of chronic kidney disease, namely, softwarefor big dataanalytics in the nature ofanalyzing big data concerning patient kidney healthconditions; computer software for management of chronic kidney disease,namely, software for compiling and analyzing scientific and medical data regard-ing kidney disease; computer software for management of chronic kidney dis-ease, namely, software for collecting and analyzing data in the field of health-care in the nature of chronic kidney disease; computer software for managementof chronic kidney disease, namely, software for accessing and importing scientif-ic and medical data and information about chronic kidney disease to analyze,visualize, share, and perform calculations within computational and analyticaldata models, computational algorithms and software applications; computer soft-ware for management of chronic kidney disease, namely, software that allowsusers to record and review symptoms, ailments, activities, prescriptions, supple-ments, medication compliance, health records, fluid intake, diet, medical recom-mendations, request medical appointments, request prescription refills, and co-ordinate access to health care services so as to better control health of the pa-tient; downloadable software in the nature of a mobile application for manage-ment of chronic kidney disease, namely, software that allowsusers to record andreview symptoms, ailments, activities, prescriptions, supplements, medicationcompliance, health records, fluid intake, diet, medical recommendations, requestmedical appointments, request prescription refills, and coordinate access tohealth care services soas to better control health of the patientClass 035. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18

Retail pharmacy services; website in the field of retail pharmacy services,namely, online retail pharmacy store services; online retail stores services fea-turing education kits, brochures, posters, flipcharts, DVDs, fliers, buttons,caps,jackets, vests, pillows, beanies, tote bags, lunch coolers, scarves, journals,table games, blankets, pill cases, bracelets; online physician recruitment ser-vices; managing the administrative systemsof health care providers; offeringbusiness strategic planning, implementation,and development of integratedhealth care delivery systems, namely, business consultation in the field of form-ing health care networks; consulting in medical group formation; public policyconsultancy and public advocacy services to promote awareness of health andmedical conditions; business management of health carecenters for others; spe-cialized retail pharmacy services for patients with particular medical conditions;business administration of pharmacy reimbursement programs and services;business consulting and management in the field of clinical trials, namely,providing information management services; business consulting and manage-ment in the field of clinical trials, namely, management and compilation of com-puterized databases in the fieldof clinical trials for business purposes; businessconsulting and management inthe field of clinical trials, namely, clinical data andregulatory submission management on behalf of medical and pharmaceuticalcompanies to assist them with clinical research, clinical trials and applicationsfor drug approval; business management and business administration of medic-al facilities related to the careof renal patients; business management of dialysiscenters for third parties; nephrologist, health and medical professional careerplacement services; public policy consultancy and public advocacy services topromote awareness of kidney disease and dialysis; charitable services to pro-mote public awareness about kidneyrelated and other diseases; specializedretailpharmacy services for renal patients and other patients; delivery systemredesignservices, namely, design of a business management system for health care de-livery organizations; operation of health care centers for others, namely, busi-ness management and operation of health care centers for othersClass 036. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18Administration of health care services plans for others; charitable fundraisingser-vices in the form of walks, runs andbike ride events; financial administration ofpharmacy reimbursement programs and services; pharmacy benefit manage-mentservices; providing medical insurance and financial assistance informationto patients with kidney and other diseasesClass 041. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18Educational services, namely, conducting classes, workshops and seminars fordoctors, nurses, and dieticians in the fields of medicine and health; educationservices, namely, providing instruction and training in the fields of emergencyplanning, preparation and response; healtheducation classes; coaching servicesinthe fields of nutrition and diet; medical training and teaching; providing classesand training to patients about health and medical information; online publica-tions, namely, newsletters, books and journals and informational brochures inthe fields of medicine and health; onlinejournals, namely, blogs in the fields ofhealth and medicine; medical and health professional career counseling ser-vices, namely, providing advice concerning education option to pursue careeropportunities; providing on-line publications in the nature of articles in the fieldsof health and medicine; health education classes for single and multiple complexor chronic medical conditions, namely, kidney health, diabetes, asthma, COPD,weight management, cholesterol management,congestive heart failure, preg-nancy andchildcare, high blood pressure, smokingcessation; educational ser-vices, namely, conducting classes, workshops and seminars for doctors, nurses,and dieticiansin the field of kidney disease; educational services, namely, train-ing physicians about treatment for renal patients and other patients; physicianand staff training programs in the fields of diagnostic and interventional nephro-logy; providing continuing professional education courses for nurses in the fieldsof renaland other diseases; providing classes and training to renal patientsabout renal disease; nephrologist career counseling services, namely, providing

advice concerning education option to pursue career opportunities; online pub-lications, namely, newsletters, books and journals and informational brochuresin the field of kidney disease; online journals, namely, blogs in the field of kidneydisease;providing on-line publications in the nature of articles in the field of kid-neydisease; health policy, namely, design of health policy education; educationservices, namely, conducting classes and seminars in the field of diabetes treat-ment; providing a website featuring non-downloadable online videos in the fieldsof medical conditions and diseases; providing a website featuring non-downloadable online videos in the field of kidney diseaseClass 042. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18Medical laboratory services; providing temporary use of on-line non-downloadable software for providing information on health care services and loc-ations of hospitals, medical centers, dialysis centers and physicians; medicaland scientific research, namely, conducting clinical trials; clinical and scientificresearch, clinical trials, and product development in the medical field; clinicaland scientific research, clinical trials, and product development in the medicalfields of renal, hepatic, cardiovascular, dermatology, infectious disease, obstet-rics, gynecology, and neurology; research infields of health and wellness, with afocus on managed care and benchmarking best practices; multispecialty re-search, namely, medical research services; conducting clinical trials on behalf ofpharmaceutical and biotechnology companies; computer services, namely, host-ing on-lineweb facilities for others for organizing and conducting online meet-ings, gatherings, and interactive discussions; computer services, namely, creat-ing an on-line community for registered users to participate in discussions, getfeedback from their peers, form virtual communities,and engage in social net-working services in the field of health; providing medical and scientific researchinformation in the field of clinical trials; medicalresearch; medical and scientificresearch, namely, conducting clinical trials for others; medical laboratories;providing temporary use of non-downloadable software for management of pa-tient health conditions and diet, namely, software forbig data analytics in thenature of analyzing big data concerning patient health conditions; providing tem-porary use ofnon-downloadable software for management of patient health con-ditions and diet,namely, software for compiling and analyzing scientific and med-ical data regarding patient health conditions and diet; providing temporary use ofnon-downloadable software for management of patient health conditions anddiet, namely, software for collecting and analyzing data inthe field of healthcarein the nature of data regarding patient health conditions and diet; providing tem-porary use of non-downloadable software for managementof patient health con-ditions and diet, namely, software for accessing and importing scientific andmedical data and information regarding patient health conditions and diet to ana-lyze, visualize, share, and perform calculations within computational and analyt-ical data models, computational algorithms and software applications; providingtemporary use of non-downloadable software for management ofpatient healthconditions and diet, namely, software that allows users to record and reviewsymptoms, ailments, activities, prescriptions, supplements, medication compli-ance, health records, fluid intake, diet, medical recommendations, request med-ical appointments, request prescription refills, and coordinate access to healthcare services so as to better control health of the patient; providing temporaryuse of non-downloadable software for management of dialysis, medical andhealth clinics used for scheduling, insurance verification, billing and mainten-ance of patient electronic health records; providing temporary use of non-downloadable software to calculate kidney function and to provide informationregarding the availability of the kidney function calculators by telephone; provid-ing an online community for registered usersto participate in discussions, getfeedback from their peers, form virtual communities, and engage in social net-workingservices in the field of kidney diseaseClass 043. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18Providing a website featuring information in the fields of recipes and cook-ing;providing an online computer database containing recipes for healthy eating;

providing an online computer database to consumers concerning recipes for kid-ney disease patientsClass 044. First use: First Use: 2018/04/18 First Use In Commerce: 2018/04/18Health care services; medical services;primary and multi-specialty medical carethrough a staff model of employing physicians and specialists, and through anindependent physician association (IPA) model of contracting with independentprimary care physicians and specialists; coordinated health care; providing in-home medical care services; home health care services; chronic conditionhealth care; personalized disease and one-on-one care management; medicalservices provided through a house calls program; providing health care servicesthrough an accountable care organization (ACO) that focuses on the quality ofcare and results of each patient; health care services, namely, disease manage-ment programs; providing a website containing online medicalinformation in thefields of medical care, health care, diabetes, nutrition, wellness, and other healthtopics; providing online diet and nutritional information for general audiences;providing a web site featuring medical information anddiet information; providinghealth, medical and healthcare information and information on proven innovativehealthcare programs; medical clinics; outpatient medical services; hospital inpa-tient and outpatient medical services; providing a website for physicians provid-ing information in the fields of medical conditionsand diseases; consulting ser-vices in the field of medical care; providing an on-line computer database featur-ing information regarding health and nutrition; in-home and in-center hemodia-lysis and peritoneal dialysis services, infusion therapy services and blood ther-apy services;medical services, namely, providing in-center and in-home treat-ment for patients with kidney disease; outpatient renal care services; medicalservices, namely,operation of outpatient and inpatient dialysis centers for renaltherapy; hospital inpatient and outpatient services inthe fields of dialysis and kid-ney disease; providing a website containing online medical information in thefields of kidney disease and dialysis; providing online diet and nutritional inform-ation for kidney disease and dialysis patients; providing a website for physiciansproviding information in the field of kidney disease; information services, namely,providing information in the fields of medical centers and their locations andproviding information in the field of dialysis; operation of health care centers forothers, namely, providing health careservices for others in health care centers

U.S. ApplicationNo.



NONE

Word Mark DAVITA PREDICTIVE INSIGHTS

Design Mark

Description ofMark

NONE

Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0Computer software for compiling and analyzing scientific and medical data;Computer software for big data analytics, and for collecting and analyzing data

in the field of healthcare; Computer software for use in accessing and importingscientific and medical data and informationto analyze, visualize, share, and per-form calculations within computational andanalytical data models, computationalalgorithms, and software applicationsClass 042. First use: First Use: 0 First Use In Commerce: 0Medical, pharmaceutical, scientific, biopharmaceutical and biotechnology re-search and development services; Providing medical research and scientific re-search information in the field of medicine andpharmaceuticals; Providing on-line, non-downloadable software applications to compile and analyze scientificand medical data; Data mining; Software as a service (SAAS) services featuringsoftware for big data analytics, and for collectingand analyzing data in the fieldof healthcare; Providing on-line, non-downloadable computer software for use inaccessing and importing scientific and medical data and information to analyze,visualize, share, and perform calculations within computational and analyticaldata models, computational algorithms, and software applications; Platform as aservice (PAAS) featuring computer software platforms for data collection, dataanalytics, data storage and data mining, for use in the field of healthcare; Medic-al research featuring the identification and validation of disease related biomark-ersClass 044. First use: First Use: 0 First Use In Commerce: 0Health care services, namely, providinga database of diseases and the collec-tion of disease data and information all for treatment and diagnostic purposes;health care services, namely, providing a database in the field of patient dia-gnostic, admissions, discharge, transfer (ADT), electronic health records (EHR),molecular, biomarker, genomic medicine, andclinical data including medicationand laboratory values with systems for output of customized knowledge and in-formation and featuring inputting and collectionof data and information all fortreatment and diagnostic purposes; medical evaluation services, namely, patientoutcomeanalysis services; providing health information; medical information;medical testing for diagnostic or treatment purposes; medical diagnostic, pro-gnostic and theranostic screening and testing; medical diagnostic and theranost-ic monitoringand reporting services; predictive modeling of data in the fields ofmedicine and healthcare, for medical diagnostic, prognostic and treatment pur-poses; patient outcome analysis services, namely, providing on-line medical re-cord analysis services designed to provide patients with custom tailored informa-tion about the range of possible diagnoses, treatments and therapies associatedwith a defined set of symptoms and evaluating patient records, disease markersand environmental factors to provide patients with information about possiblediagnoses, treatments and therapies

U.S. ApplicationNo.



NONE

Word Mark DAVITA LIVE SMART

Design Mark

Description ofMark

NONE

Goods/Services Class 041. First use: First Use: 0 First Use In Commerce: 0Educational services, namely, one-on-one training to manage kidney diseaseand dialysis treatment and distribution of educational materials in connectiontherewith; kidney dialysis treatment trainingand teaching on the steps required tobe eligible, evaluated, and ready to receive a kidney transplantClass 044. First use: First Use: 0 First Use In Commerce: 0Providing information in the field of kidney disease and dialysis treatment

U.S. ApplicationNo.



NONE

Word Mark DAVITA START SMART

Design Mark

Description ofMark

NONE

Goods/Services Class 041. First use: First Use: 0 First Use In Commerce: 0Educational services, namely, one-on-one training to manage kidney diseaseand dialysis treatment and distribution of educational materials in connectiontherewith; kidney dialysis treatment trainingand teaching on the steps required tobe eligible, evaluated, and ready to receive a kidney transplantClass 044. First use: First Use: 0 First Use In Commerce: 0Providing information in the field of kidney disease and dialysis treatment

U.S. ApplicationNo.



NONE

Word Mark DAVITA HOME DIALYSIS CONNECT

Design Mark

Description of NONE

Mark

Goods/Services Class 009. First use: First Use: 0 First Use In Commerce: 0Downloadable software in the nature of a mobile application for use in accessinghealth and wellness programs, personalized medicine, health care services in-tegrated with local care, remote medical monitoring, on-call remote access tohealth coaching and intervention services, virtual medical care, health care re-cordsreview and management, and health data collection; Downloadable soft-ware in thenature of a mobile application for analyzing and reporting data re-ceived from remote medical monitoring devices; Downloadable software in thenature of a mobile application for remote communication and networking of med-ical data, voice data, video data, and scheduling data for remote medical monit-oring and consultation; Downloadable software in the nature of a mobile applica-tion for use with medical patient monitoring equipment for receiving, processing,transmitting and displaying data; Downloadable computer software, namely,software for the transmission, recording, reproduction, display, organization,management, manipulation and review of messages, text, images, files, audio,video and audio-visual contentand other data for the facilitation of communica-tions between two or multiple users via computer networks; Virtual reality train-ing simulation software in the field of kidney disease and treatment; Sensors forscientific use to be worn by a human to gather human biometric dataClass 010. First use: First Use: 0 First Use In Commerce: 0Portable medical devices with sensors to monitor the health of a patient wearingor carrying the device; Sensors for medical use to be worn by a human to gatherhuman biometric dataClass 035. First use: First Use: 0 First Use In Commerce: 0Supply chain management servicesClass 036. First use: First Use: 0 First Use In Commerce: 0Insurance counseling services, namely, advising and assisting others in choos-ing and enrolling in health insurance plans and programsClass 041. First use: First Use: 0 First Use In Commerce: 0Educational services, namely, providingclinician training in the field of kidneydisease and treatment; Educational services, namely, providing patient educa-tion and training in the field of kidney disease and treatmentClass 042. First use: First Use: 0 First Use In Commerce: 0Software as a service (SAAS) services featuring software for allowing real-timeaccess to medical professionals by medical patients via telephone, video,email, mobile devices or a global computer network, for scheduling of medicaland laboratory appointments online, voice, video, chat, or text via mobile device,computer, and any device, allowing medical telemetry services online, voice,video chat, or text via mobile, computer, phoneand any device, and allowingmedical consultations provided via phone, online chat or videoconferencing;Providing temporary use of online non-downloadable software for patients toconnect with physicians and medical service providers and to schedule inter-views and receive medication and prescriptions via video chat; Providing a website featuring technology that enables physicians to generate, manage and ex-change medical information and documents; Providing temporary use ofnon-downloadable software to provide telemedicine services via the internet, namely,real time video consultations, on-line video chats, e-mails and instant messagingbetween physicians and patients and allow users to consult information abouttheir health and medical records and obtain general information about health;Providing temporary use of non-downloadable software to provide virtual medic-al clinic services; Providing temporary use of non-downloadable software tomanage virtual health care clinics and medical clinics; Providing a website fea-turing on-line non-downloadable software for use in accessing health programs,personalized medicine, concierge health care services, health care services in-tegratedwith local care, remote medical monitoring, on-call remote access to

health coaching and intervention services, virtualmedical care, health care re-cords review and management, and health data collection; Providing a websitefeaturing on-line non-downloadable software for analyzing and reporting data re-ceived from remote medical monitoring devices; Providing a website featuringon-line non-downloadable software for remote communicationand networking ofmedical data, voice data, video data, and scheduling data forremote medicalmonitoring and consultation; Providing a website featuring on-line non-downloadable software for use with medical patient monitoring equipment for re-ceiving, processing, transmitting and displaying data; Software as a service(SAAS) services featuring software foruse in predictive modeling and predictiveanalytics; Software as a service (SAAS) services, namely, hosting software foruse by others for use with decision support tools, namely, medical diagnosisbased on the patient symptoms, medications, and medical records and compli-ance with known treatment guidelines; Software as a service (SAAS) servicesfeaturing software for use in electronically signing consents, prescriptions, andother documentsClass 044. First use: First Use: 0 First Use In Commerce: 0Medical and pharmaceutical consulting services provided by phone, email or byvideo chat; Remote monitoring of data indicative of the health or condition ofanindividual or group of individuals for medical diagnosis and treatment pur-poses; Interactive medical monitoring and alert service for reminding clients ofmedicinal dosage and prescription refills for medical treatment purposes; Medic-al and pharmaceutical consultations provided via phone, online chat or video-conferencing; Health care services; Medical services; Managed health care ser-vices; Health care services, namely, disease management programs; Medicalassistance services provided via telecommunication and global computer net-works for individuals with health problems through the use of wearable medicaldevices with automated alert and monitoring capacity; Providing an internetwebsite for medical professionals and medical patients featuring information re-lating to health programs, personalized medicine, concierge health care ser-vices, health care services integrated with local care, remote medical monitor-ing, on-call remote access to health coaching and intervention services, virtualmedical care, health care records review and management, and health data col-lection; Providing an internet website for medical professionals and medical pa-tients featuring medical information fromremote locations via electronic patient-monitoring devices that feed information to the web site that can be accessed inreal-time by medical professionals forpurposes of monitoring and diagnosingmedical conditions; Providing social workservices, namely, providing psychoso-cial support and counselingClass 045. First use: First Use: 0 First Use In Commerce: 0Providing emotional counseling and emotional support services for dialysis pa-tients; Organizing and conducting support groups in the field of kidney diseaseand treatment

Attachments 85351727#TMSN.png( bytes )77754018#TMSN.png( bytes )77565618#TMSN.png( bytes )77565612#TMSN.png( bytes )TOUR DAVITA logo.jpg76481546#TMSN.png( bytes )76153490#TMSN.png( bytes )85351758#TMSN.png( bytes )85105736#TMSN.png( bytes )85105764#TMSN.png( bytes )77466732#TMSN.png( bytes )87537630#TMSN.png( bytes )86672581#TMSN.png( bytes )

86672576#TMSN.png( bytes )85399112#TMSN.png( bytes )85399124#TMSN.png( bytes )87194837#TMSN.png( bytes )87312425#TMSN.png( bytes )87052814#TMSN.png( bytes )87052815#TMSN.png( bytes )87438191#TMSN.png( bytes )Notice of Opposition.pdf(215562 bytes )Exhibit 1 - Tour DaVita.pdf(1862165 bytes )Exhibit 2 - Reg Certs and TSDR Statuses.pdf(3876994 bytes )Exhibit 3 - Travel Support for Dialysis Patients.pdf(950797 bytes )Exhibit 4 - Divita Tours.pdf(1444733 bytes )

Signature /Caroline E. Bryce/

Name Caroline E. Bryce

Date 09/11/2019

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

In the Matter of Service Mark Application Serial No. 88227445 Filed on December 13, 2018 For the mark “DiVita” Published in the Official Gazette on May 14, 2019 ________________________________________________ DaVita Inc., ) ) Opposer, ) ) v. ) Opposition No. ___________ ) Mazzi Global DBA DiVita Tours )

) Applicant. ) ________________________________________________)

NOTICE OF OPPOSITION

Opposer DaVita Inc., a corporation organized under the laws of the state of Delaware, with

its principal place of business at 2000 16th Street, Denver, Colorado, United States 80202

(“Opposer”) believes that it will be damaged by the registration by Mazzi Global DBA DiVita

Tours (“Applicant”) of the stylized mark “DiVita” in Class 41, as shown in U.S. Trademark

Application Serial No. 88227445 and hereby opposes the same. As grounds for the opposition,

Opposer, by and through its undersigned counsel, alleges the following:

1. Applicant filed Application No. 88227445 for “DiVita” (stylized)

(Applicant’s Mark), on December 13, 2018, for the following services: “Conducting guided tours

of Italian wineries, vineyards, food manufacturing sites, gourmet restaurants, and specialty food

markets; the aforementioned conducted by experts in the food, wine, and restaurant industries” in

2

Class 41, (“Applicant’s Services”) with a claimed first use date of July 30, 2018, and a claimed

first use in commerce date of December 1, 2018.

2. Application No. 88227445 published for opposition on May 14, 2019.

3. On June 11, 2019, Opposer filed a Request for a 90-day Extension of Time to

Oppose Application No. 88227445.

4. The Extension of Time to Oppose was granted for Application No. 88227445 until

September 11, 2019.

5. Opposer’s filing of this Notice of Opposition is timely pursuant to 37 C.F.R. §

2.101, as it is being filed by the September 11, 2019, deadline.

6. Opposer is the owner of U.S. Trademark/Service Mark Registration No. 4,340,687

for “DAVITA” filed on June 21, 2011, registered on May 28, 2013, with a claimed first use and

first use in commerce date of at least as early as 2006 for, in relevant part, “online travel planning

services for dialysis patients,” in Class 39.


for “VILLA BY DAVITA” filed on June 8, 2009, registered on March 8, 2011, with a claimed

first use and first use in commerce date of at least as early as June 2009 for, in relevant part,

“concierge services for others comprising making requested personal arrangements and

reservations and providing customer-specific information to meet individual needs rendered

together in a patient receiving treatment center,” in Class 45.


for “TOUR DAVITA” filed on September 9, 2008, registered on June 8, 2010, with a claimed first

use and first use in commerce date of at least as early as July 2007 for, in relevant part, “charitable

fund raising services, namely, organizing and conducting cycling events to raise funds for kidney-

3

related diseases,” in Class 36 and “charitable services, namely, organizing and conducting a

cycling event the proceeds of which are donated to charity,” in Class 41.


for “TOUR DAVITA and Design”

filed on September 9, 2008, registered on July 27, 2010, with a claimed first use and first use in

commerce date of at least as early as July 2008 for, in relevant part, “charitable fund raising

services, namely, organizing and conducting cycling events to raise funds for kidney-related

diseases,” in Class 36 and “charitable services, namely, organizing and conducting a cycling event

the proceeds of which are donated to charity,” in Class 41.

10. Opposer is the owner of common law rights in the United States for the mark

“TOUR DAVITA and Design”

first used in commerce at least as early as April 24, 2018, for, in relevant part, “charitable fund

raising services, namely, organizing and conducting cycling events to raise funds for kidney-

related diseases,” in Class 36 and “charitable services, namely, organizing and conducting a

cycling event the proceeds of which are donated to charity,” in Class 41. See Exhibit 1 for

advertisements showing use of this mark.

4

11. Opposer is owner of numerous other U.S. trademark and service mark applications

and registrations for marks that include the trademark “DaVita”, including those enumerated in

the table below:

Mark App. No. &

Reg. No.

App. Date &

Reg. Date Classes

First Use

Date(s) in

Commerce

DAVITA CLINICAL RESEARCH

App 76481546 Reg 2804425

App 10-JAN-2003 Reg 13-JAN-2004

42 October 2000

App 76153490 Reg 2576733

App 25-OCT-2000 Reg 04-JUN-2002

42 October 5, 2000

DAVITA App 76062472 Reg 2602168

App 05-JUN-2000 Reg 30-JUL-2002

42 October 5, 2000

App 85351758

Reg 4340688

App 21-JUN-2011

Reg 28-MAY-2013

9, 35, 36, 41, 43, 44

2007 (Classes 9, 35 and 36) 2004 (Class 41) August 2004 (Classes 43 and 44)

DAVITA RX App 85105736 Reg 3988657

App 12-AUG-2010 Reg 05-JUL-2011

9, 16, 18, 21, 35

October 2005 (Classes 9, 16, 21 and 35 ) June 2008 (Class 18)

App 85105764 Reg 3988658

App 12-AUG-2010 Reg 05-JUL-2011

9, 16, 18, 21, 35

October 2005 (Classes 9, 16, 21 and 35 ) June 2008 (Class 18)

DAVITA VILLAGEHEALTH

App 77466732 Reg 4016256

App 06-MAY-2008 Reg 23-AUG-2011

16, 36, 44 December 2010 (Class 16) October 2009 (Classes 36 and 44)

App 87537630

Reg 5401059

App 21-JUL-2017

Reg 13-FEB-2018

44 October 29, 2016

DAVITA App 86672581

Reg 4892924

App 24-JUN-2015

Reg 26-JAN-2016

44 October 5, 2000

5

App 86672576

Reg 4892922

App 24-JUN-2015

Reg 26-JAN-2016

44 October 5, 2000

DAVITA KIDNEY ROCK

App 85399112

Reg 4444274

App 16-AUG-2011

Reg 03-DEC-2013

25, 35, 36, 41

August 6, 2011

App 85399124

Reg 4444275

App 16-AUG-2011

Reg 03-DEC-2013

25, 35, 36, 41

August 6, 2011

App 87194837 App 06-OCT-2016 9, 35, 36, 41, 42, 43, 44

Published September 26, 2017 Allowed November 21, 2017

DAVITA PREDICTIVE INSIGHTS

App 87312425 App 24-JAN-2017 9, 42, 44 Published July 4, 2017 Allowed August 29, 2017

DAVITA LIVE SMART

App 87052814 App 27-MAY-2016 41, 44 Published April 11, 2017 Allowed June 6, 2017

DAVITA START SMART

App 87052815 App 27-MAY-2016 41, 44 Published April 11, 2017 Allowed June 6, 2017

DAVITA HOME DIALYSIS CONNECT

App 87438191 App 05-MAY-2017 9, 10, 35, 36, 41, 42, 44, 45

Published March 27, 2018 Allowed May 22, 2018

(Registration Certificates and TSDR status reports attached at Exhibit 2; Opposer’s U.S.

registrations, applications, common law rights and the marks contained therein identified in

Paragraphs 6 - 11 are collectively referred to herein as “Opposer’s DaVita Marks”.)

12. Opposer adopted and has continuously used the “DaVita” Trademark in commerce

since at least as early as October 5, 2000, in the United States.

6

13. Opposer has used and is currently using Opposer’s DaVita Marks in commerce in

the United States in connection with, among other goods and services, health care services,

education services, and travel assistance services.

14. Opposer is a famous, Fortune 500® company and Fortune World’s Most Admired

Companies® health care provider focused on transforming care delivery to improve quality of life

for patients around the globe, and is the largest provider of kidney care services in the U.S.

15. Opposer treats patients with chronic kidney failure and end stage renal disease as

well as other chronic health conditions, and provides a variety of services to health care

professionals.

16. Opposer provides travel support services under the trademark “DaVita” to assist

customers and clients in organizing and scheduling vacations and tours for travelers on dialysis.

See Exhibit 3 for information regarding these services.

17. Opposer has standing to oppose Application No. 88227445 based on Opposer’s

ownership of Opposer’s DaVita Marks.

18. Opposer’s DaVita Marks have priority over the Applicant’s Mark as Opposer’s

DaVita Marks were filed, used, and/or registered prior to the filing of Application No. 88227445

and prior to Applicant’s actual use in commerce in the United States of Applicant’s Mark.

19. Opposer’s DaVita Marks are inherently distinctive.

20. Opposer has devoted substantial time, money, and effort in establishing and

maintaining a high standard of quality of the goods and services provided under Opposer’s DaVita

Marks.

21. By virtue of the success of the goods and services branded with Opposer’s DaVita

Marks in the United States and the advertising and promotion by Opposer of Opposer’s DaVita

7

Marks, Opposer’s DaVita Marks have become a valuable asset of Opposer, serving as a symbol of

origin, identifying Opposer as the source of such goods and services, and of the goodwill which is

associated with such goods and services.

22. Applicant’s DiVita Mark is confusingly similar to Opposer’s DaVita Marks,

including, but not limited to, the designs below.

23. Upon information and belief, Applicant is currently using the “DiVita” mark for

travel services of arranging and conducting tours of Italian wineries, vineyards, food

manufacturing sites, gourmet restaurants, and specialty food markets. See Exhibit 4 showing

advertisements for the services using Applicant’s Mark.

24. Applicant’s Services are identical or highly related to the goods and services

offered by Opposer in connection with Opposer’s DaVita Marks.

25. Applicant’s Mark is similar in appearance, connotation and commercial impression

to Opposer’s DaVita Marks.

26. Applicant’s use of the DiVita mark in connection with conducting guided tours of

Italian wineries, vineyards, food manufacturing sites, gourmet restaurants, and specialty food

markets is s likely to cause confusion, mistake or deception in the minds of consumers in light of

Opposer’s travel related services offered to dialysis patients, because consumers mistakenly

believe that Applicant’s Services are associated with Opposer or are targeted to Opposer’s

consumers who are interested in travel tours that are accessible to dialysis patients.

27. Applicant’s use of the DiVita mark in connection with conducting guided tours of

Italian wineries, vineyards, food manufacturing sites, gourmet restaurants, and specialty food

8

markets is s likely to cause confusion, mistake or deception in the minds of consumers in light of

Opposer’s health care services and services to patients with various stages of kidney disease

because consumers may negatively associate services related to wine making, wine consumption,

and wine sales as counter to the health needs of Opposer’s patients.

28. Applicant’s Mark is likely to cause confusion, mistake or deception in the minds of

consumers as to the source or origin of Applicant’s Services.

29. Consumers are likely to mistakenly believe that Applicant’s Services are sponsored

by, authorized by, endorsed, affiliated with or otherwise associated with Opposer because

Applicant’s Mark is confusingly similar to Opposer’s DaVita Marks.

30. Applicant’s use of the DiVita mark in connection with Applicant’s Services is

without Opposer’s consent or authorization.

31. Opposer will be damaged by the registration of Applicant’s Mark and registration

should be refused under 15 U.S.C. 1052(d) because Opposer has priority of use and confusion is

likely to occur.

WHEREFORE, Opposer respectfully requests that registration of the mark in U.S. Service Mark

Application Serial No. 88227445 be refused, and that this Opposition be sustained in favor of

Opposer. Opposer submits herewith the requisite filing fee of $400.00.

9

Respectfully submitted,

SHERIDAN ROSS P.C.

Date: September 11, 2019 By: ____________________________ Miriam D. Trudell Sabrina C. Stavish Caroline E. Bryce

1560 Broadway, Suite 1200 Denver, CO 80202 Tel: 303-863-9700 Fax: 303-863-0223

[email protected] [email protected] [email protected] Attorneys for Opposer

mailto:[email protected]



9/11/2019 Tour DaVita - Home

https://www.tourdavita.org 1/2

Mr. Brandon FroneyAmount Raised:

$ 1385.00

FEATURED RIDERS

Congratulations to our featured riders!

Destination 2019: Pennsylvania!September 21 - September 25

Get ready for an exhilarating ride back in time as we journey through Pennsylvania Dutch country this fall!

Plans are now underway to pedal our way along Lebanon County’s winding, rolling country roads, past 18th

and 19th-century farms and historic sites. (Warning—you may have to share the road with an Amish buggy

or two!) Mark your calendar for the April registration dates below, and don’t miss your chance to be part of

this exciting chapter in the Tour DaVita legacy.

TOUR DAVITA 2018RECAP VIDEO

For a virtual Tour DaVitaexperience, take a look at the2018 Tour DaVita Recap Videofrom last year’s ride in Virginia.

Ride on!

ABOUT THE TOUR REGISTER ROUTE BLOG DONATE CONTACT US PRESS

visit us on: twitter facebook my dashboard rider login

Click to Visit Our Blog

Tour DaVita BlogKeep an eye on our blog for updates, training tips,route previews and miscellaneous fun. Plus:Experience past Tours through riders’ ownstories.

1 2 3 4

Exhibit 1

https://www.tourdavita.org/donate/Brandon_Froney_16528/index.html

https://www.tourdavita.org/donate/Brandon_Froney_16528/index.html

https://www.tourdavita.org/tour-davita-recap-videos

https://www.tourdavita.org/tour-davita-recap-videos

https://www.tourdavita.org/donate-now

https://www.tourdavita.org/about-davita-village-trust

https://www.tourdavita.org/about-bridge-of-life

https://www.tourdavita.org/about-the-tour

https://www.tourdavita.org/register-to-ride

https://www.tourdavita.org/route

https://www.tourdavita.org/blog

https://www.tourdavita.org/donate-now

https://www.tourdavita.org/contact-us

https://www.tourdavita.org/press

http://twitter.com/tourdavita


http://www.facebook.com/tourdavita


https://www.tourdavita.org/login.php

https://www.tourdavita.org/login.php

https://www.tourdavita.org/blog

https://www.tourdavita.org/

9/11/2019 Tour DaVita - Home

https://www.tourdavita.org 2/2

Mrs. Afton BurtonAmount Raised:

$ 775.00

Mrs. Megan LoreAmount Raised:

$ 0.00

1 2 3

Diamond Sponsors

Gold Sponsors

Silver Sponsors

Copper Sponsors

Pearl Sponsors

Bronze Sponsors

2019 SPONSORS

© 2004- 2019 DaVita Inc. All Rights Reserved.

Web usage privacy | Privacy of medical information | Legal | FAQs

Tour DaVita23 hours ago

Are you already planning what topack? Check out our suggest listhere: http://ow.ly/RdEA50vZWJj#TourDaVita

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Tour DaVitaTour DaVita5K likes5K likesLike Page

Exhibit 1

https://www.tourdavita.org/donate/Afton_Burton_16871/index.html

https://www.tourdavita.org/donate/Afton_Burton_16871/index.html

https://www.tourdavita.org/donate/Megan_Lore_17303/index.html

https://www.tourdavita.org/donate/Megan_Lore_17303/index.html

https://www.instagram.com/tourdavita/

https://www.tourdavita.org/our-sponsors

https://www.tourdavita.org/our-sponsors



http://www.davita.com/about/web-usage-privacy

http://www.davita.com/about/privacy-practices-notice

http://www.davita.com/about/legal

http://www.davita.com/about/faqs

https://www.facebook.com/tourdavita/?ref=nf&hc_ref=ARSqIeGtsMxgrZfmhA3APRdD2-2YCuYM9cyNcYSuyZYZWtLmYiHWKSjLPMzWXqB4XRk

https://www.facebook.com/tourdavita/posts/2533200933404936:0

https://www.facebook.com/tourdavita/photos/a.179383338786719/2533200933404936/?type=3


https://l.facebook.com/l.php?u=http%3A%2F%2Fow.ly%2FRdEA50vZWJj&h=AT1MHtpvyd09YL8vvzsnMg4AYxqvU5w9Px4IeazhloiHE4qgr2ykuGVU3l_pE0ZLCO8QOtju5FB0cHqPCxI5ziT7Kq3OoZZ5V1xrfAUHX7xleL-1E2PY627FzHvsXY6cG1vKlhnEhFDG85x6i204hF4

https://www.facebook.com/hashtag/tourdavita?source=embed&epa=HASHTAG


https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fwww.facebook.com%2Ftourdavita%2Fposts%2F2533200933404936%3A0&display=popup&ref=plugin&src=post

https://www.facebook.com/tourdavita/photos/a.179383338786719/2529395947118768/?type=3

https://www.facebook.com/tourdavita/



Exhibit 2

Mark Information

Mark LiteralElements:

DAVITA

Standard CharacterClaim:

Yes. The mark consists of standard characters without claim to any particular font style, size, or color.

Mark DrawingType:

4 - STANDARD CHARACTER MARK

Color(s) Claimed: Color is not claimed as a feature of the mark.

Related Properties Information

InternationalRegistration

Number:

1358329

InternationalApplication(s)

/Registration(s)Based on this

Property:

A0065167/1358329

Claimed Ownershipof US

Registrations:

2576733, 3988658 and others

Goods and Services

Note:The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services;Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; andAsterisks *..* identify additional (new) wording in the goods/services.

For: [ Fabric stain spot remover pen ]

InternationalClass(es):

003 - Primary Class U.S Class(es): 001, 004, 006, 050, 051, 052

Class Status: ACTIVE

Basis: 1(a)

First Use: Mar. 12, 2008 Use in Commerce: Mar. 12, 2008

For: Calculators; DVD'S in the field of kidney disease; [ mousepads; ] computer software for management of dialysis clinics used for

Generated on: This page was generated by TSDR on 2019-09-11 13:02:54 EDT

Mark: DAVITA

US Serial Number: 85351727 Application FilingDate:

Jun. 21, 2011

US RegistrationNumber:

4340687 Registration Date: May 28, 2013

Register: Principal

Mark Type: Trademark, Service Mark

TM5 Common StatusDescriptor:

LIVE/REGISTRATION/Issued and Active

The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: May 28, 2013

Publication Date: Mar. 12, 2013

Exhibit 2

scheduling, insurance verification, billing and maintenance of patient electronic health records; magnets


009 - Primary Class U.S Class(es): 021, 023, 026, 036, 038


Basis: 1(a)

First Use: 2007 Use in Commerce: 2007

For: Lapel pins


014 - Primary Class U.S Class(es): 002, 027, 028, 050


Basis: 1(a)

First Use: Jul. 24, 2009 Use in Commerce: Jul. 24, 2009

For: Newsletters, informational flyers, brochures, magazines, journals in the field of kidney disease; posters, paper banners; bookmarks,pens, stationery, business cards; lunch bags


016 - Primary Class U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050


Basis: 1(a)

First Use: Jan. 21, 2009 Use in Commerce: Jan. 21, 2009

For: Umbrellas and tote bags




Basis: 1(a)

First Use: Oct. 09, 2008 Use in Commerce: Oct. 09, 2008

For: Pillows




Basis: 1(a)

First Use: Nov. 08, 2006 Use in Commerce: Nov. 08, 2006

For: Coffee mugs




Basis: 1(a)


For: Lanyards for holding badges and keys


022 - Primary Class U.S Class(es): 001, 002, 007, 019, 022, 042, 050


Basis: 1(a)

First Use: Jun. 30, 2010 Use in Commerce: Jun. 30, 2010

For: Fabric table runners; table cloths; lap blankets


024 - Primary Class U.S Class(es): 042, 050


Basis: 1(a)


For: Clothing, namely, socks, t-shirts, sweatshirts, polo t-shirts, jackets, scarves, caps, visors, beanies, sweatpants, vests

Exhibit 2




Basis: 1(a)


For: Floor mats




Basis: 1(a)

First Use: Sep. 22, 2009 Use in Commerce: Sep. 22, 2009

For: [ Christmas tree ornaments; board games; stuffed toy animals; ] stress relief balls for hand exercise




Basis: 1(a)

First Use: May 31, 2007 Use in Commerce: May 31, 2007

For: Management and administration of medical facilities related to the care of renal patients; management of dialysis centers for thirdparties; nephrologist career placement services; public policy consultancy and public advocacy services to promote awareness ofkidney disease and dialysis; charitable services to promote public awareness about kidney related diseases; online retail storesservices featuring education kits, brochures, posters, flipcharts, DVDs, fliers, buttons, caps, jackets, vests, pillows, beanies, tote bags,lunch coolers, scarves, journals, table games, blankets, pill cases, bracelets; online physician recruitment services


035 - Primary Class U.S Class(es): 100, 101, 102


Basis: 1(a)


For: [ Administration of health care services plans for others; ] providing medical insurance and financial assistance information to patientswith kidney disease, charitable fundraising services in the form of walks, runs and bike ride events




Basis: 1(a)


For: Providing online discussion forums in the field of kidney disease




Basis: 1(a)

First Use: Jan. 2005 Use in Commerce: Jan. 2005

For: Online travel planning services for dialysis patients




Basis: 1(a)


For: Educational services, namely, training physicians about treatment for renal patients, providing continuing professional educationcourses for nurses in the field of renal disease and providing classes and training to renal patients about renal disease, health andmedical information; online publications, namely, newsletters, books and journals and informational brochures in the field of kidneydisease; educational services, namely, conducting classes, workshops and seminars for local doctors, nurses, and dieticians inimpoverished areas in the field of kidney disease; online journals, namely, blogs in the field of kidney disease; nephrologist careercounseling services, namely, providing advice concerning education option to pursue career opportunities; providing on-linepublications in the nature of articles in the field of kidney disease

International 041 - Primary Class U.S Class(es): 100, 101, 107

Exhibit 2

Class(es):


Basis: 1(a)


For: Medical laboratory services, providing temporary use of on-line non-downloadable software development tools for providing informationand locations of dialysis centers for renal patients; providing temporary use of non-downloadable software to calculate kidney functionand the availability of the kidney function calculators by telephone; medical and scientific research, namely, conducting clinical trials




Basis: 1(a)


For: Providing an online computer database to consumers concerning recipes for kidney disease patients




Basis: 1(a)

First Use: Aug. 2004 Use in Commerce: Aug. 2004

For: Medical services, namely, providing in-center and in-home treatment for patients with kidney disease; medical services, namely,outpatient and inpatient dialysis centers for renal therapy; hospital inpatient and outpatient services in the field of dialysis and kidneydisease; in-home and in-center hemodialysis and peritoneal dialysis services, infusion therapy services and blood therapy services;health care services, namely, disease management programs; website containing online medical information in the fields of kidneydisease and dialysis, diabetes, nutrition, and other health topics; online diet and nutritional information for kidney disease and dialysispatients; information services, namely, providing information in the field of dialysis centers and their locations; providing a web sitefeaturing medical information and diet information; providing a website for physicians providing information in the field of kidneydisease; providing a website featuring non-downloadable online videos in the field of kidney disease




Basis: 1(a)


Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No

Filed 66A: No Currently No Basis: No

Filed No Basis: No

Current Owner(s) Information

Owner Name: DAVITA INC.

Owner Address: 2000 16TH STREETDENVER, COLORADO UNITED STATES 80202

Legal Entity Type: CORPORATION State or CountryWhere Organized:

DELAWARE

Attorney/Correspondence Information

Attorney of Record

Attorney Name: Miriam D. Trudell Docket Number: 8077-13-1

Attorney PrimaryEmail Address:

[email protected] Attorney EmailAuthorized:

Yes

Correspondent

Correspondent Miriam D. Trudell

Exhibit 2

Name/Address: Sheridan Ross P.C.1560 Broadway, Suite 1200Denver, COLORADO UNITED STATES 80202

Phone: 303-863-9700 Fax: 303-863-0223

Correspondent e-mail:

[email protected] Correspondent e-mail Authorized:

Yes

Domestic Representative - Not Found

Prosecution History

Date DescriptionProceedingNumber

Aug. 21, 2019 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY

Jun. 29, 2019 POST REGISTRATION ACTION MAILED - SEC. 8 & 15 81878

Jun. 28, 2019 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 81878

May 28, 2019 TEAS SECTION 8 & 15 RECEIVED

May 28, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

Oct. 05, 2016 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP

May 17, 2015 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

May 17, 2015 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED

Jul. 02, 2014 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY

May 28, 2013 REGISTERED-PRINCIPAL REGISTER

Mar. 12, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Mar. 12, 2013 PUBLISHED FOR OPPOSITION

Feb. 20, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Feb. 04, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287

Jan. 29, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER

Jan. 08, 2013 EXAMINER'S AMENDMENT ENTERED 88888

Jan. 08, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Jan. 08, 2013 EXAMINERS AMENDMENT E-MAILED 6328

Jan. 08, 2013 EXAMINERS AMENDMENT -WRITTEN 72152

Dec. 12, 2012 AUTOMATIC UPDATE OF ASSIGNMENT OF OWNERSHIP

Oct. 24, 2012 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888

Oct. 24, 2012 TEAS CHANGE OF OWNER ADDRESS RECEIVED

Jul. 05, 2012 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Jul. 05, 2012 NON-FINAL ACTION E-MAILED 6325

Jul. 05, 2012 NON-FINAL ACTION WRITTEN 72152

Jul. 02, 2012 PREVIOUS ALLOWANCE COUNT WITHDRAWN

Jun. 18, 2012 WITHDRAWN FROM PUB - OG REVIEW QUERY 76621

Jun. 04, 2012 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287

Jun. 01, 2012 ASSIGNED TO LIE 67287

May 14, 2012 APPROVED FOR PUB - PRINCIPAL REGISTER

Apr. 25, 2012 EXAMINER'S AMENDMENT ENTERED 88888

Apr. 25, 2012 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Apr. 25, 2012 EXAMINERS AMENDMENT E-MAILED 6328

Apr. 25, 2012 EXAMINERS AMENDMENT -WRITTEN 72152

Apr. 05, 2012 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Apr. 05, 2012 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Apr. 05, 2012 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Oct. 05, 2011 NOTIFICATION OF EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326

Oct. 05, 2011 EXAMINER'S AMENDMENT/PRIORITY ACTION E-MAILED 6326

Oct. 05, 2011 EXAMINERS AMENDMENT AND/OR PRIORITY ACTION - COMPLETED 72152

Sep. 30, 2011 ASSIGNED TO EXAMINER 72152

Jul. 13, 2011 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888

Jul. 13, 2011 TEAS CHANGE OF OWNER ADDRESS RECEIVED

Jun. 27, 2011 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jun. 24, 2011 NEW APPLICATION ENTERED IN TRAM

Exhibit 2

TM Staff and Location Information

TM Staff Information - None

File Location

Current Location: TMO LAW OFFICE 114 Date in Location: Jun. 29, 2019

Assignment Abstract Of Title Information

Summary

Total Assignments: 7 Registrant: DAVITA HEALTHCARE PARTNERS INC.

Assignment 1 of 7

Conveyance: SECURITY INTEREST

Reel/Frame: 4894/0270 Pages: 7

Date Recorded: Nov. 05, 2012

SupportingDocuments:

assignment-tm-4894-0270.pdf

Assignor

Name: DAVITA INC. Execution Date: Nov. 01, 2012


DELAWARE

Assignee

Name: JPMORGAN CHASE BANK, N.A., AS COLLATERAL AGENT

Legal Entity Type: NATIONAL BANKING ASSOCIATION State or CountryWhere Organized:

UNITED STATES

Address: P.O. BOX 33035, MAIL CODE KY1-2514LOUISVILLE, KENTUCKY 40232

Correspondent

CorrespondentName:

DUSAN CLARK, ESQ.

CorrespondentAddress:

SIDLEY AUSTIN LLP717 N. HARWOOD ST., SUITE 3400DALLAS, TX 75201


Assignment 2 of 7

Conveyance: CHANGE OF NAME


Date Recorded: Dec. 04, 2012



Assignor



DELAWARE

Assignee

Name: DAVITA HEALTHCARE PARTNERS INC.


DELAWARE

Address: 2000 16TH STREETDENVER, COLORADO 80202

Correspondent

CorrespondentName:

SUSAN NEUBERGER WELLER


701 PENNSYLVANIA AVENUE, N.W.SUITE 900WASHINGTON, DC 20004

Exhibit 2


Assignment 3 of 7

Conveyance: RELEASE OF TRADEMARK SECURITY AGREEMENT (REEL: 4894/FRAME: 0270)


Date Recorded: Jun. 26, 2014



Assignor

Name: JPMORGAN CHASE BANK, N.A., ASCOLLATERAL AGENT

Execution Date: Jun. 24, 2014

Legal Entity Type: ASSOCIATION State or CountryWhere Organized:

UNITED STATES

Assignee

Name: DAVITA HEALTHCARE PARTNERS INC., AS PLEDGOR


DELAWARE


Correspondent

CorrespondentName:

KEN TAN, LEGAL ASSISTANT


80 PINE STREETC/O CAHILL GORDON & REINDEL LLPNEW YORK, NY 10005


Assignment 4 of 7

Conveyance: SECURITY AGREEMENT





Assignor

Name: ABQ HEALTH PARTNERS, LLC. AS PLEDGOR Execution Date: Jun. 24, 2014

Legal Entity Type: LIMITED LIABILITY COMPANY State or CountryWhere Organized:

DELAWARE

Name: HEALTHCARE PARTNERS, LLC, ACALIFORNIA LIMITED LIABILITY COMPANY, ASPLEDGOR



CALIFORNIA

Name: JSA HEALTHCARE CORPORATION, ADELAWARE CORPORATION, AS PLEDGOR



DELAWARE

Name: RMS LIFELINE INC., A DELAWARECORPORATION, AS PLEDGOR



DELAWARE

Name: TOTAL RENAL LABORATORIES, INC., AFLORIDA CORPORATION, AS PLEDGOR



FLORIDA

Name: DAVITA HEALTHCARE PARTNERS INC., ADELAWARE CORPORATON, AS PLEDGOR


Exhibit 2


DELAWARE

Assignee



UNITED STATES

Address: 500 STANTON CHRISTIANA ROAD, FLOOR 3, OPS 2NEWARK, DELAWARE 19713

Correspondent

CorrespondentName:





Assignment 5 of 7



Date Recorded: Sep. 22, 2016



Assignor

Name: DAVITA HEALTHCARE PARTNERS INC. Execution Date: Aug. 12, 2016


DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:

MIRIAM D. TRUDELL, SHERIDAN ROSS P.C.


1560 BROADWAY, SUITE 1200DENVER, CO 80202


Assignment 6 of 7

Conveyance: RELEASE OF TRADEMARK SECURITY INTERESTS


Date Recorded: Aug. 14, 2019



Assignor

Name: JPMORGAN CHASE BANK, N.A. Execution Date: Aug. 12, 2019

Legal Entity Type: BANK State or CountryWhere Organized:

UNITED STATES

Assignee



DELAWARE


Name: RMS LIFELINE, INC.

Legal Entity Type: CORPORATION State or Country DELAWARE

Exhibit 2

Where Organized:


Name: TOTAL RENAL LABORATORIES, INC.


FLORIDA


Name: DAVITA INC.


DELAWARE


Name: RENAL VENTURES MANAGEMENT, LLC


DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION


4400 EASTON COMMONS WAYSUITE 125COLUMBUS, OH 43219


Assignment 7 of 7






Assignor

Name: DAVITA INC. Execution Date: Aug. 12, 2019


DELAWARE

Assignee

Name: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS COLLATERAL AGENT


UNITED STATES

Address: 1700 LINCOLN STREET3RD FLOORDENVER, COLORADO 80203

Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary

Number ofProceedings:

1

Type of Proceeding: Opposition

Exhibit 2

ProceedingNumber:

91240238 Filing Date: Mar 19, 2018

Status: Pending Status Date: Jun 23, 2019

InterlocutoryAttorney:

WENDY COHEN

Defendant

Name: Dativa Limited


SEAN PLOENPLOEN FIRM PC1595 SELBY AVENUE, SUITE 300SAINT PAUL MN UNITED STATES , 55104-6384


[email protected] , [email protected] , [email protected]

Associated marks

Mark Application StatusSerialNumber

RegistrationNumber

DATIVA Opposition Pending 87537839

Plaintiff(s)

Name: DaVita Inc.


MIRIAM D TRUDELLSHERIDAN ROSS PC1560 BROADWAY SUITE 1200DENVER CO UNITED STATES , 80202



Associated marks


RegistrationNumber

DAVITA Registered 87537630 5401059

DAVITA HOME DIALYSIS CONNECT Second Extension - Granted 87438191

DAVITA PREDICTIVE INSIGHTS Fourth Extension - Granted 87312425

DAVITA SU - Final Refusal - Mailed 87194837

DAVITA LIVE SMART Fourth Extension - Granted 87052814

DAVITA START SMART Fourth Extension - Granted 87052815



DAVITA KIDNEY ROCK Registered 85399112 4444274


DAVITA Partial Section 8 and 15 Accepted and Acknowledged 85351758 4340688


DAVITA RX Section 8 and 15 - Accepted and Acknowledged 85105764 3988658


VILLA BY DAVITA Section 8 and 15 - Accepted and Acknowledged 77754018 3929289

TOUR DAVITA Section 8 and 15 - Accepted and Acknowledged 77565618 3800318


DAVITA VILLAGEHEALTH Section 8 and 15 - Accepted and Acknowledged 77466732 4016256

DAVITA CLINICAL RESEARCH REGISTERED AND RENEWED 76481546 2804425

DAVITA REGISTERED AND RENEWED 76153490 2576733


Prosecution History

Entry Number History Text Date Due Date

1 FILED AND FEE Mar 19, 2018

2 NOTICE AND TRIAL DATES SENT; ANSWER DUE: Mar 26, 2018 May 05, 2018

3 PENDING, INSTITUTED Mar 26, 2018

4 D CHANGE OF CORRESP ADDRESS Apr 30, 2018

5 D MOT FOR EXT W/ CONSENT Apr 30, 2018

Exhibit 2

6 EXTENSION OF TIME GRANTED Apr 30, 2018

7 D MOT FOR EXT W/ CONSENT May 31, 2018

8 EXTENSION OF TIME GRANTED May 31, 2018

9 ANSWER Jul 03, 2018

10 P MOT FOR SUMMARY JUDGMENT Sep 18, 2018

11 SUSP PEND DISP OF OUTSTNDNG MOT Sep 20, 2018

12 D OPP/RESP TO MOTION Oct 18, 2018

13 P REPLY IN SUPPORT OF MOTION Nov 07, 2018

14 P MOT FOR SUMMARY JGT DENIED Mar 11, 2019

15 P MOT FOR EXT W/ CONSENT Jun 23, 2019

16 EXTENSION OF TIME GRANTED Jun 23, 2019



Exhibit 2

Exhibit 2

Mark Information


VILLA BY DAVITA



Mark DrawingType:




Registrations:

2576733, 2602168, 2924926 and others

Goods and Services



For: Clothing, namely, shirts




Basis: 1(a)

First Use: Jun. 2009 Use in Commerce: Jun. 2009

For: Medical services, namely, operation of dialysis facilities for renal therapy




Basis: 1(a)


For: Concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific


Mark: VILLA BY DAVITA


Jun. 08, 2009


3929289 Registration Date: Mar. 08, 2011

Register: Principal





Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.

Status Date: Nov. 12, 2016

Publication Date: Apr. 20, 2010 Notice ofAllowance Date:

Jun. 15, 2010

Exhibit 2

information to meet individual needs rendered together in a patient receiving treatment center




Basis: 1(a)



Filed Use: No Currently Use: Yes

Filed ITU: Yes Currently ITU: No




Filed No Basis: No





DELAWARE


Attorney of Record

Attorney Name: Miriam D. Trudell Docket Number: 8077-58



Yes

Correspondent

CorrespondentName/Address:

Miriam D. TrudellSheridan Ross P.C.1560 Broadway, Suite 1200Denver, COLORADO UNITED STATES 80202

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History



Sep. 17, 2018 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Nov. 12, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Nov. 12, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 70131

Nov. 12, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 70131


Sep. 03, 2016 TEAS SECTION 8 & 15 RECEIVED


Mar. 08, 2016 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED






Exhibit 2




Mar. 08, 2011 REGISTERED-PRINCIPAL REGISTER

Feb. 04, 2011 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Feb. 03, 2011 LAW OFFICE REGISTRATION REVIEW COMPLETED 70138

Feb. 02, 2011 ASSIGNED TO LIE 70138

Jan. 27, 2011 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Jan. 13, 2011 STATEMENT OF USE PROCESSING COMPLETE 66530

Dec. 15, 2010 USE AMENDMENT FILED 66530

Jan. 13, 2011 CASE ASSIGNED TO INTENT TO USE PARALEGAL 66530

Dec. 15, 2010 TEAS STATEMENT OF USE RECEIVED

Jun. 15, 2010 NOA E-MAILED - SOU REQUIRED FROM APPLICANT

Apr. 20, 2010 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Apr. 20, 2010 PUBLISHED FOR OPPOSITION

Mar. 12, 2010 LAW OFFICE PUBLICATION REVIEW COMPLETED 78289

Mar. 12, 2010 ASSIGNED TO LIE 78289

Feb. 22, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER

Feb. 22, 2010 EXAMINER'S AMENDMENT ENTERED 88888

Feb. 22, 2010 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Feb. 22, 2010 EXAMINERS AMENDMENT E-MAILED 6328

Feb. 22, 2010 EXAMINERS AMENDMENT -WRITTEN 80797

Sep. 11, 2009 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Sep. 11, 2009 NON-FINAL ACTION E-MAILED 6325

Sep. 11, 2009 NON-FINAL ACTION WRITTEN 80797






File Location

Current Location: TMO LAW OFFICE 110 Date in Location: Nov. 12, 2016


Summary

Total Assignments: 9 Registrant: DaVita Inc.

Assignment 1 of 9



Date Recorded: May 07, 2010



Assignor

Name: DAVITA INC. Execution Date: May 04, 2010


DELAWARE

Assignee

Name: JPMORGAN CHASE BANK, N.A.

Legal Entity Type: NATIONAL ASSOCIATION State or CountryWhere Organized:

UNITED STATES

Address: 270 PARK AVENUENEW YORK, NEW YORK 10017

Exhibit 2

Correspondent

CorrespondentName:

CORPORATION SERVICE COMPANY


1090 VERMONT AVENUE NW, SUITE 430WASHINGTON, DC 20005


Assignment 2 of 9

Conveyance: RELEASE BY SECURED PARTY


Date Recorded: Oct. 25, 2010



Assignor

Name: JPMORGAN CHASE BANK, N.A. ASCOLLATERAL AGENT

Execution Date: Oct. 20, 2010


UNITED STATES

Assignee

Name: DAVITA INC.


DELAWARE

Address: 1551 WEWATTA STREETDENVER, COLORADO 80202

Correspondent

CorrespondentName:





Assignment 3 of 9






Assignor

Name: DAVITA INC. Execution Date: Oct. 20, 2010


DELAWARE

Name: RMS LIFELINE INC. Execution Date: Oct. 20, 2010


DELAWARE

Assignee

Name: JPMORGAN CHASE BANK, N.A., A COLLATERAL AGENT


UNITED STATES

Address: 1111 FANNIN STREET10TH FLOORDALLAS, TEXAS 77002

Correspondent

CorrespondentName:





Exhibit 2

Assignment 4 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 5 of 9






Assignor




UNITED STATES

Assignee



DELAWARE


Name: RMS LIFELINE INC., A DELAWARE CORPORATION, AS PLEDGOR


DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 9


Exhibit 2





Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 7 of 9






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


Exhibit 2

Where Organized:


Correspondent

CorrespondentName:





Assignment 8 of 9






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 9 of 9


Exhibit 2





Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber


Exhibit 2





















Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


TOUR DAVITA



Mark DrawingType:


Disclaimer: "TOUR"



Registrations:

2576733, 2602168, 2924926

Goods and Services



For: Posters, postcards, stationery




Basis: 1(a)

First Use: Jul. 2007 Use in Commerce: Jul. 2007

For: Clothing, namely, t-shirts, caps




Basis: 1(a)



Mark: TOUR DAVITA


Sep. 09, 2008


3800318 Registration Date: Jun. 08, 2010

Register: Principal






Status Date: Mar. 03, 2016

Publication Date: Aug. 11, 2009 Notice ofAllowance Date:

Nov. 03, 2009

Exhibit 2

For: Charitable services, namely, promoting public awareness about kidney related diseases




Basis: 1(a)


For: Charitable fund raising services, namely, organizing and conducting cycling events to raise funds for kidney-related diseases




Basis: 1(a)


For: Charitable services, namely, organizing and conducting a cycling event the proceeds of which are donated to charity




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-2999



Yes


Prosecution History


Exhibit 2


Jun. 08, 2019 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED

Oct. 12, 2018 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Oct. 12, 2018 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED


Mar. 03, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Mar. 03, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 77764

Mar. 02, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 77764

Dec. 29, 2015 TEAS SECTION 8 & 15 RECEIVED

Jun. 08, 2015 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED









Jun. 08, 2010 REGISTERED-PRINCIPAL REGISTER

May 04, 2010 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

May 01, 2010 LAW OFFICE REGISTRATION REVIEW COMPLETED 74221

May 01, 2010 ASSIGNED TO LIE 74221

Apr. 21, 2010 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Apr. 15, 2010 STATEMENT OF USE PROCESSING COMPLETE 76873

Mar. 22, 2010 USE AMENDMENT FILED 76873

Apr. 12, 2010 CASE ASSIGNED TO INTENT TO USE PARALEGAL 76873

Mar. 22, 2010 TEAS STATEMENT OF USE RECEIVED

Nov. 03, 2009 NOA MAILED - SOU REQUIRED FROM APPLICANT

Aug. 11, 2009 PUBLISHED FOR OPPOSITION

Jul. 22, 2009 NOTICE OF PUBLICATION

Jul. 09, 2009 LAW OFFICE PUBLICATION REVIEW COMPLETED 69350

Jun. 25, 2009 APPROVED FOR PUB - PRINCIPAL REGISTER

Jun. 24, 2009 EXAMINER'S AMENDMENT ENTERED 88888

Jun. 24, 2009 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Jun. 24, 2009 EXAMINERS AMENDMENT E-MAILED 6328

Jun. 24, 2009 EXAMINERS AMENDMENT -WRITTEN 76584

May 29, 2009 NOTIFICATION OF FINAL REFUSAL EMAILED

May 29, 2009 FINAL REFUSAL E-MAILED

May 29, 2009 FINAL REFUSAL WRITTEN 76584



Apr. 21, 2009 ASSIGNED TO LIE 69350


Nov. 12, 2008 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Nov. 12, 2008 NON-FINAL ACTION E-MAILED 6325

Nov. 12, 2008 NON-FINAL ACTION WRITTEN 76584

Oct. 31, 2008 ASSIGNED TO EXAMINER 76584

Sep. 12, 2008 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: TMEG LAW OFFICE 106 Date in Location: Mar. 03, 2016


Exhibit 2

Summary


Assignment 1 of 9



Date Recorded: Apr. 17, 2009



Assignor

Name: DAVITA INC. Execution Date: Mar. 30, 2009


DELAWARE

Assignee


Legal Entity Type: ASOCIATION State or CountryWhere Organized:

UNITED STATES


Correspondent

CorrespondentName:



1090 VERMONT AVENUE NW, SUITE 430ATTN: JEAN PATERSONWASHINGTON, DC 20005


Assignment 2 of 9






Assignor




UNITED STATES

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 3 of 9




Supporting assignment-tm-4303-0725.pdf

Exhibit 2

Documents:

Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 5 of 9






Assignor




UNITED STATES

Exhibit 2

Assignee



DELAWARE




DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 9






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Exhibit 2

Correspondent

CorrespondentName:





Assignment 7 of 9






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 8 of 9






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Exhibit 2

Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 9 of 9






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant


Exhibit 2





Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History














Exhibit 2







Exhibit 2

Mark Information


TOUR DAVITA


No

Mark DrawingType:

3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)

Description ofMark:

The mark consists of a figure of a cyclist, with thick contour lines alongside the words "TOUR DAVITA", all inside a circle.


Disclaimer: "TOUR"

Design SearchCode(s):

02.01.02 - Silhouettes of men; Men depicted as shadows or silhouettes of men07.11.07 - intersections (roads) with lines or dividers; Highways with lines or dividers; Roads with lines or dividers; Streets with lines ordividers18.03.01 - Unicycles; Tricycles; Bicycles26.01.20 - Circles within a circle26.01.21 - Circles that are totally or partially shaded.27.03.01 - Geometric figures forming letters, numerals or punctuation29.01.07 - Small, inconspicuous design elements functioning as punctuation or parts of letters; Inconspicuous designs functioning aspunctuation or parts of letters



Registrations:

2576733, 2602168, 2924926

Goods and Services



For: Posters, postcards, stationery




Mark: TOUR DAVITA


Sep. 09, 2008


3825777 Registration Date: Jul. 27, 2010

Register: Principal






Status Date: Mar. 03, 2016


Nov. 03, 2009

Exhibit 2


Basis: 1(a)


For: Clothing, namely, t-shirts, caps




Basis: 1(a)


For: Charitable services, namely, promoting public awareness about kidney related diseases




Basis: 1(a)


For: Charitable fund raising services, namely, organizing and conducting cycling events to raise funds for kidney-related diseases




Basis: 1(a)


For: Charitable services, namely, organizing and conducting a cycling event the proceeds of which are donated to charity




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent


Miriam D. TrudellSheridan Ross P.C.

Exhibit 2

1560 Broadway, Suite 1200Denver, COLORADO UNITED STATES 80202

Phone: 303-863-9700 Fax: 303-863-2999



Yes


Prosecution History



Jul. 27, 2019 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED




Mar. 03, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Mar. 03, 2016 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 77764

Mar. 02, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 77764

Dec. 29, 2015 TEAS SECTION 8 & 15 RECEIVED

Jul. 27, 2015 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED









Jul. 27, 2010 REGISTERED-PRINCIPAL REGISTER

Jun. 23, 2010 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Jun. 22, 2010 LAW OFFICE REGISTRATION REVIEW COMPLETED 77312


Jun. 07, 2010 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

May 24, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED

May 24, 2010 NON-FINAL ACTION E-MAILED

May 24, 2010 SU - NON-FINAL ACTION - WRITTEN 76584

Apr. 22, 2010 STATEMENT OF USE PROCESSING COMPLETE 76873

Mar. 22, 2010 USE AMENDMENT FILED 76873

Apr. 12, 2010 CASE ASSIGNED TO INTENT TO USE PARALEGAL 76873

Mar. 22, 2010 TEAS STATEMENT OF USE RECEIVED




Jul. 09, 2009 LAW OFFICE PUBLICATION REVIEW COMPLETED 69350

Jun. 26, 2009 APPROVED FOR PUB - PRINCIPAL REGISTER

Jun. 24, 2009 EXAMINER'S AMENDMENT ENTERED 88888

Jun. 24, 2009 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Jun. 24, 2009 EXAMINERS AMENDMENT E-MAILED 6328

Jun. 24, 2009 EXAMINERS AMENDMENT -WRITTEN 76584

May 29, 2009 NOTIFICATION OF FINAL REFUSAL EMAILED

May 29, 2009 FINAL REFUSAL E-MAILED

May 29, 2009 FINAL REFUSAL WRITTEN 76584



Apr. 21, 2009 ASSIGNED TO LIE 69350

Exhibit 2


Nov. 12, 2008 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Nov. 12, 2008 NON-FINAL ACTION E-MAILED 6325

Nov. 12, 2008 NON-FINAL ACTION WRITTEN 76584


Sep. 13, 2008 NOTICE OF DESIGN SEARCH CODE MAILED

Sep. 12, 2008 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: TMEG LAW OFFICE 106 Date in Location: Mar. 03, 2016


Summary


Assignment 1 of 9






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 2 of 9






Assignor




UNITED STATES

Assignee

Name: DAVITA INC.


Exhibit 2

Where Organized:


Correspondent

CorrespondentName:





Assignment 3 of 9






Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:


Correspondent 701 PENNSYLVANIA AVENUE, N.W.

Exhibit 2

Address: SUITE 900WASHINGTON, DC 20004


Assignment 5 of 9






Assignor




UNITED STATES

Assignee



DELAWARE




DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 9






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE

Exhibit 2




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 7 of 9






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 8 of 9






Assignor



UNITED STATES

Assignee

Exhibit 2



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 9 of 9






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Exhibit 2

Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Exhibit 2

Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


DAVITA CLINICAL RESEARCH


No

Mark DrawingType:

1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)

Disclaimer: "CLINICAL RESEARCH"

Goods and Services



For: Clinical and scientific research, trials, and product development in the following medical fields-- renal, hepatic, cardiovascular [,dermatology, infectious disease, obstetrics, gynecology, and neurology ]




Basis: 1(a)

First Use: Oct. 2000 Use in Commerce: Oct. 2000







Filed No Basis: No



Mark: DAVITA CLINICAL RESEARCH


Jan. 10, 2003


2804425 Registration Date: Jan. 13, 2004

Register: Principal

Mark Type: Service Mark




Status: The registration has been renewed.

Status Date: Sep. 24, 2013

Publication Date: Oct. 21, 2003

Exhibit 2




DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History







Sep. 24, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED

Sep. 24, 2013 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 67723

Sep. 24, 2013 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 67723

Sep. 18, 2013 REGISTERED - COMBINED SECTION 8 (10-YR) & SEC. 9 FILED 67723

Sep. 23, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 67723

Sep. 18, 2013 TEAS SECTION 8 & 9 RECEIVED






Jan. 20, 2010 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 64591

Jan. 19, 2010 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 64591

Jan. 13, 2010 TEAS SECTION 8 & 15 RECEIVED

Jun. 23, 2006 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Jan. 13, 2004 REGISTERED-PRINCIPAL REGISTER

Oct. 21, 2003 PUBLISHED FOR OPPOSITION

Oct. 01, 2003 NOTICE OF PUBLICATION

Aug. 06, 2003 APPROVED FOR PUB - PRINCIPAL REGISTER

Aug. 06, 2003 EXAMINERS AMENDMENT MAILED

Jul. 14, 2003 NON-FINAL ACTION MAILED

Jul. 10, 2003 ASSIGNED TO EXAMINER 72503



File Location

Exhibit 2

Current Location: GENERIC WEB UPDATE Date in Location: Sep. 24, 2013


Summary

Total Assignments: 9 Registrant: Davita Inc.

Assignment 1 of 9

Conveyance: TRADEMARK SECURITY AGREEMENT





Assignor

Name: DAVITA, INC Execution Date: Oct. 05, 2005


DELAWARE

Name: GAMBRO HEALTHCARE, INC. Execution Date: Oct. 05, 2005


TENNESSEE

Assignee



No Place Where Organized Found


Correspondent

CorrespondentName:



1133 AVENUE OF THE AMERICASSUITE 3100NEW YORK, NY 10036


Assignment 2 of 9






Assignor




UNITED STATES

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Exhibit 2

Assignment 3 of 9






Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 5 of 9




Exhibit 2



Assignor




UNITED STATES

Assignee



DELAWARE




DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 9






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Exhibit 2

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 7 of 9






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 8 of 9






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE

Exhibit 2




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 9 of 9






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


Proceeding 91240238 Filing Date: Mar 19, 2018

Exhibit 2

Number:



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History








Exhibit 2













Exhibit 2

Mark Information


DAVITA


No

Mark DrawingType:



01.01.03 - Star - a single star with five points01.01.07 - Stars with tails or comets; Comets

Goods and Services



For: Outpatient renal care services




Basis: 1(a)








Filed No Basis: No



Mark: DAVITA


Oct. 25, 2000


2576733 Registration Date: Jun. 04, 2002

Register: Principal






Status Date: Jun. 01, 2012


Nov. 06, 2001

Exhibit 2




DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History










Jun. 01, 2012 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED

Jun. 01, 2012 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 67603

Jun. 01, 2012 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 67603

May 31, 2012 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 67603




Jun. 16, 2008 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 60234

Jun. 12, 2008 ASSIGNED TO PARALEGAL 60234

Jun. 03, 2008 TEAS SECTION 8 & 15 RECEIVED

Jun. 03, 2008 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888

Jun. 03, 2008 TEAS CHANGE OF OWNER ADDRESS RECEIVED

Sep. 06, 2007 CASE FILE IN TICRS


Jun. 04, 2002 REGISTERED-PRINCIPAL REGISTER

Jan. 29, 2002 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Jan. 04, 2002 STATEMENT OF USE PROCESSING COMPLETE

Jan. 04, 2002 USE AMENDMENT FILED




Apr. 10, 2001 APPROVED FOR PUB - PRINCIPAL REGISTER

Apr. 09, 2001 ASSIGNED TO EXAMINER 76079

Exhibit 2



File Location

Current Location: GENERIC WEB UPDATE Date in Location: Jun. 01, 2012


Summary

Total Assignments: 9 Registrant: DaVita, Inc.

Assignment 1 of 9






Assignor



DELAWARE



TENNESSEE

Assignee





Correspondent

CorrespondentName:





Assignment 2 of 9






Assignor




UNITED STATES

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

Exhibit 2

CorrespondentName:





Assignment 3 of 9






Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 5 of 9

Exhibit 2






Assignor




UNITED STATES

Assignee



DELAWARE




DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 9






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA

Exhibit 2




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 7 of 9






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 8 of 9






Assignor



UNITED STATES

Assignee



DELAWARE


Exhibit 2



DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 9 of 9






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary

Number of 1

Exhibit 2

Proceedings:


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History




Exhibit 2

















Exhibit 2

Mark Information


DAVITA


No

Mark DrawingType:

1 - TYPESET WORD(S) /LETTER(S) /NUMBER(S)

Goods and Services



For: outpatient renal health care services




Basis: 1(a)









Mark: DAVITA


Jun. 05, 2000



Register: Principal






Status Date: Nov. 05, 2011

Publication Date: Jun. 12, 2001 Notice ofAllowance Date:

Sep. 04, 2001

Exhibit 2

Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History










Nov. 05, 2011 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 68973

Nov. 05, 2011 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 68973

Nov. 05, 2011 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 68973

Oct. 05, 2011 TEAS SECTION 8 & 9 RECEIVED



Jun. 16, 2008 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 60234


Jun. 03, 2008 APPLICANT/CORRESPONDENCE CHANGES (NON-RESPONSIVE) ENTERED 88888

Jun. 03, 2008 TEAS CHANGE OF OWNER ADDRESS RECEIVED

Nov. 05, 2007 CASE FILE IN TICRS


May 21, 2003 CERTIFICATE OF CORRECTION ISSUED

Mar. 27, 2003 SEC 7 REQUEST FILED

Mar. 27, 2003 REQUEST FOR NEW CERTIFICATE FILED

Mar. 27, 2003 PAPER RECEIVED


Apr. 20, 2002 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Feb. 08, 2002 ASSIGNED TO EXAMINER 74818

Jan. 30, 2002 STATEMENT OF USE PROCESSING COMPLETE

Exhibit 2

Jan. 04, 2002 USE AMENDMENT FILED

Sep. 04, 2001 NOA MAILED - SOU REQUIRED FROM APPLICANT

Jun. 12, 2001 PUBLISHED FOR OPPOSITION

May 30, 2001 NOTICE OF PUBLICATION


Jan. 08, 2001 CORRESPONDENCE RECEIVED IN LAW OFFICE

Dec. 04, 2000 NON-FINAL ACTION MAILED

Dec. 01, 2000 ASSIGNED TO EXAMINER 74818



File Location

Current Location: GENERIC WEB UPDATE Date in Location: Nov. 05, 2011


Summary

Total Assignments: 10 Registrant: DAVITA INC.

Assignment 1 of 10






Assignor

Name: TOTAL RENAL CARE HOLDINGS, INC. Execution Date: Oct. 05, 2000


DELAWARE

Assignee

Name: DAVITA, INC.


DELAWARE

Address: 21250 HAWTHORNE BLVD., SUTIE 800TORRANCE, CALIFORNIA 90503

Correspondent

CorrespondentName:

MINTZ, LEVIN, COHN, FERRIS ET AL


SUSAN NEUBERGER WELLERONE FOUNTIAN SQUARE11911 FREEDOM DRIVE, SUITE 400RESTON, VA 20190


Assignment 2 of 10






Assignor



DELAWARE


Legal Entity Type: CORPORATION State or Country TENNESSEE

Exhibit 2

Where Organized:

Assignee





Correspondent

CorrespondentName:





Assignment 3 of 10






Assignor




UNITED STATES

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 4 of 10






Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES

Exhibit 2


Correspondent

CorrespondentName:





Assignment 5 of 10






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 10






Assignor




UNITED STATES

Assignee



DELAWARE




DELAWARE


Correspondent

Exhibit 2

CorrespondentName:





Assignment 7 of 10






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 8 of 10




Supporting assignment-tm-5883-0895.pdf

Exhibit 2

Documents:

Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 9 of 10






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

Correspondent CT CORPORATION

Exhibit 2

Name:




Assignment 10 of 10






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.


MIRIAM D TRUDELLSHERIDAN ROSS PC

Exhibit 2

1560 BROADWAY SUITE 1200DENVER CO UNITED STATES , 80202



Associated marks


RegistrationNumber






















Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


DAVITA


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "DAVITA" in stylized form with a star on top of the letter "i".



29.01.07 - Small, inconspicuous design elements functioning as punctuation or parts of letters; Inconspicuous designs functioning aspunctuation or parts of letters



Registrations:

2576733, 3988658 and others

Goods and Services



For: [ Fabric stain spot remover pen ]



Class Status: SECTION 8 - CANCELLED

Basis: 1(a)

First Use: Mar. 12, 2008 Use in Commerce: Mar. 12, 2008

For: [ Calculators; ] DVD'S in the field of kidney disease [ ; mousepads; computer software for management of dialysis clinics used forscheduling, insurance verification, billing and maintenance of patient electronic health records; magnets ]




Mark: DAVITA


Jun. 21, 2011


4340688 Registration Date: May 28, 2013

Register: Principal





Status: A partial Sections 8 and 15 combined declaration has been accepted and acknowledged.

Status Date: Jul. 01, 2019

Publication Date: Mar. 12, 2013

Exhibit 2


Basis: 1(a)


For: [ Lapel pins ]




Basis: 1(a)

First Use: Jul. 24, 2009 Use in Commerce: Jul. 24, 2009

For: [ Newsletters, informational flyers, brochures, magazines, journals in the field of kidney disease; posters, paper banners; bookmarks,pens, stationery, business cards; lunch bags ]




Basis: 1(a)

First Use: Jan. 21, 2009 Use in Commerce: Jan. 21, 2009

For: [ Umbrellas and tote bags ]




Basis: 1(a)


For: [ Pillows ]




Basis: 1(a)


For: [ Coffee Mugs ]




Basis: 1(a)


For: [ Lanyards for holding badges and keys ]


022 - Primary Class U.S Class(es): 001, 002, 007, 019, 022, 042, 050


Basis: 1(a)

First Use: Jun. 30, 2010 Use in Commerce: Jun. 30, 2010

For: [ Fabric table runners; table cloths; lap blankets ]




Basis: 1(a)


For: [ Clothing, namely, socks, t-shirts, sweatshirts, polo t-shirts, jackets, scarves, caps, visors, beanies, sweatpants, vests ]




Exhibit 2

Basis: 1(a)


For: [ Floor mats ]




Basis: 1(a)

First Use: Sep. 22, 2009 Use in Commerce: Sep. 22, 2009

For: [ Christmas tree ornaments; board games; stuffed toy animals; stress relief balls for hand exercise ]




Basis: 1(a)

First Use: May 31, 2007 Use in Commerce: May 31, 2007

For: Management and administration of medical facilities related to the care of renal patients [ ; management of dialysis centers for thirdparties; nephrologist career placement services; public policy consultancy and public advocacy services to promote awareness ofkidney disease and dialysis; charitable services to promote public awareness about kidney related diseases; online retail storesservices featuring education kits, brochures, posters, flipcharts, DVDs, fliers, buttons, caps, jackets, vests, pillows, beanies, tote bags,lunch coolers, scarves, journals, table games, blankets, pill cases, bracelets; online physician recruitment services ]




Basis: 1(a)


For: [ Administration of health care services plans for others; ] providing medical insurance and financial assistance information to patientswith kidney disease [, charitable fundraising services in the form of walks, runs and bike ride events ]




Basis: 1(a)


For: [ Providing online discussion forums in the field of kidney disease ]




Basis: 1(a)

First Use: Jan. 2005 Use in Commerce: Jan. 2005

For: [ Online travel planning services for dialysis patients ]




Basis: 1(a)


For: [ Educational services, namely, training physicians about treatment for renal patients, providing continuing professional educationcourses for nurses in the field of renal disease and providing classes and training to renal patients about renal disease, health andmedical information; ] online publications, namely, newsletters, books and journals and informational brochures in the field of kidneydisease; [ educational services, namely, conducting classes, workshops and seminars for local doctors, nurses, and dieticians inimpoverished areas in the field of kidney disease; online journals, namely, blogs in the field of kidney disease; ] nephrologist careercounseling services, namely, providing advice concerning education option to pursue career opportunities; providing on-linepublications in the nature of articles in the field of kidney disease




Basis: 1(a)

Exhibit 2


For: [ Medical laboratory services, providing temporary use of on-line non-downloadable software development tools for providinginformation and locations of dialysis centers for renal patients; providing temporary use of non-downloadable software to calculatekidney function and the availability of the kidney function calculators by telephone; medical and scientific research, namely, conductingclinical trials ]




Basis: 1(a)


For: Providing an online computer database to consumers concerning recipes for kidney disease patients




Basis: 1(a)


For: Medical services, namely, providing in-center and in-home treatment for patients with kidney disease; medical services, namely,outpatient and inpatient dialysis centers for renal therapy; hospital inpatient and outpatient services in the field of dialysis and kidneydisease; in-home and in-center hemodialysis and peritoneal dialysis services, infusion therapy services and blood therapy services;health care services, namely, disease management programs; website containing online medical information in the fields of kidneydisease and dialysis, diabetes, nutrition, and other health topics; online diet and nutritional information for kidney disease and dialysispatients; information services, namely, providing information in the field of dialysis centers and their locations; providing a web sitefeaturing medical information and diet information; [ providing a website for physicians providing information in the field of kidneydisease; ] providing a website featuring non-downloadable online videos in the field of kidney disease




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Exhibit 2

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History



Jul. 01, 2019 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Jul. 01, 2019 REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 74704

Jul. 01, 2019 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 74704


May 28, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED





May 28, 2013 REGISTERED-PRINCIPAL REGISTER



Feb. 20, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Feb. 05, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287


Jan. 08, 2013 EXAMINER'S AMENDMENT ENTERED 88888

Jan. 08, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Jan. 08, 2013 EXAMINERS AMENDMENT E-MAILED 6328

Jan. 08, 2013 EXAMINERS AMENDMENT -WRITTEN 72152




Jul. 05, 2012 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Jul. 05, 2012 NON-FINAL ACTION E-MAILED 6325

Jul. 05, 2012 NON-FINAL ACTION WRITTEN 72152

Jul. 02, 2012 PREVIOUS ALLOWANCE COUNT WITHDRAWN

Jun. 18, 2012 WITHDRAWN FROM PUB - OG REVIEW QUERY 76621

Jun. 05, 2012 LAW OFFICE PUBLICATION REVIEW COMPLETED 67287


May 14, 2012 APPROVED FOR PUB - PRINCIPAL REGISTER














Jun. 28, 2011 NOTICE OF DESIGN SEARCH CODE MAILED



Exhibit 2



File Location

Current Location: Not Found Date in Location: Jul. 01, 2019


Summary


Assignment 1 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

DUSAN CLARK, ESQ.




Assignment 2 of 7






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:




Exhibit 2


Assignment 3 of 7






Assignor




UNITED STATES

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA



Exhibit 2


DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 5 of 7






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 7






Assignor



UNITED STATES

Assignee



DELAWARE




Exhibit 2

Where Organized:




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


Exhibit 2

ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History







Exhibit 2














Exhibit 2

Mark Information


DAVITA RX



Mark DrawingType:


Disclaimer: "RX"



Registrations:

2576733, 2602168, 2900422 and others

Goods and Services



For: Vision magnifying lenses; magnets




Basis: 1(a)


For: Brochures in the field of full-service pharmacy services and resources for renal patients; pens




Basis: 1(a)



Mark: DAVITA RX


Aug. 12, 2010



Register: Principal






Status Date: Aug. 10, 2017

Publication Date: Apr. 19, 2011

Exhibit 2

For: Tote bags




Basis: 1(a)


For: Pill boxes for personal use; pill trays




Basis: 1(a)


For: Specialized retail pharmacy for renal patients; website in the field of retail pharmacy services




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-2999



Yes


Prosecution History


Exhibit 2




Aug. 10, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Aug. 10, 2017 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 64591

Aug. 10, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 64591



















Feb. 16, 2011 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Feb. 16, 2011 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Feb. 16, 2011 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Dec. 02, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Dec. 02, 2010 NON-FINAL ACTION E-MAILED 6325

Dec. 02, 2010 NON-FINAL ACTION WRITTEN 68625

Nov. 30, 2010 ASSIGNED TO EXAMINER 68625

Aug. 17, 2010 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Aug. 16, 2010 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: TMEG LAW OFFICE 108 Date in Location: Aug. 10, 2017


Summary


Assignment 1 of 7






Assignor



DELAWARE


Exhibit 2


DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 2 of 7






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 3 of 7






Assignor




UNITED STATES

Assignee



DELAWARE


Exhibit 2



DELAWARE


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Exhibit 2

Assignment 5 of 7






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 7






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE



Exhibit 2


DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks

Mark Application StatusSerial Registration

Exhibit 2

Number Number


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


DAVITA RX


No

Mark DrawingType:


Description ofMark:

The mark consists of the words "DAVITA RX" with a star inside the letter "D" and a vertical line that divides the words "DAVITA" and"RX".


Disclaimer: "RX"


01.01.03 - Star - a single star with five points26.17.04 - Vertical line(s), band(s) or bar(s); Lines, vertical; Bands, vertical; Bars, vertical



Registrations:

2576733, 2602168, 2900422

Goods and Services



For: Vision magnifying lenses; magnets




Basis: 1(a)


For: Brochures in the field of full-service pharmacy services and resources for renal patients; pens

International 016 - Primary Class U.S Class(es): 002, 005, 022, 023, 029, 037, 038, 050


Mark: DAVITA RX


Aug. 12, 2010



Register: Principal







Publication Date: Apr. 19, 2011

Exhibit 2

Class(es):


Basis: 1(a)


For: Tote bags




Basis: 1(a)


For: Pill boxes for personal use; pill trays




Basis: 1(a)


For: Specialized retail pharmacy for renal patients; website in the field of retail pharmacy services




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-2999



Yes


Exhibit 2

Prosecution History





























Dec. 02, 2010 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Dec. 02, 2010 NON-FINAL ACTION E-MAILED 6325

Dec. 02, 2010 NON-FINAL ACTION WRITTEN 68625

Nov. 30, 2010 ASSIGNED TO EXAMINER 68625

Aug. 18, 2010 NOTICE OF DESIGN SEARCH CODE MAILED





File Location

Current Location: TMEG LAW OFFICE 108 Date in Location: Aug. 10, 2017


Summary


Assignment 1 of 7






Exhibit 2

Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 2 of 7






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 3 of 7






Assignor




UNITED STATES

Assignee

Exhibit 2



DELAWARE




DELAWARE


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

Exhibit 2

CorrespondentName:





Assignment 5 of 7






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 7






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Exhibit 2

Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant


Correspondent SEAN PLOEN

Exhibit 2

Address: PLOEN FIRM PC1595 SELBY AVENUE, SUITE 300SAINT PAUL MN UNITED STATES , 55104-6384



Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History















Exhibit 2






Exhibit 2

Mark Information


DAVITA VILLAGEHEALTH



Mark DrawingType:




Registrations:

2576733, 2602168, 2924926

Goods and Services



For: Publications, namely, newsletters, periodicals, informational brochures and magazines in the field of kidney disease




Basis: 1(a)

First Use: Dec. 2010 Use in Commerce: Dec. 2010

For: Administration of health care service plans for others




Basis: 1(a)


For: Health care services, namely, kidney disease management programs


Mark: DAVITA VILLAGEHEALTH


May 06, 2008


4016256 Registration Date: Aug. 23, 2011

Register: Principal








Jul. 07, 2009

Exhibit 2




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History







Jul. 14, 2017 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Jul. 14, 2017 TEAS SECTION 8 & 15 RECEIVED


Aug. 23, 2016 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED







Exhibit 2

Aug. 23, 2011 REGISTERED-PRINCIPAL REGISTER

Jul. 20, 2011 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Jul. 19, 2011 LAW OFFICE REGISTRATION REVIEW COMPLETED 73787

Jul. 19, 2011 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED



Jul. 12, 2011 STATEMENT OF USE PROCESSING COMPLETE 65362

Jul. 07, 2011 USE AMENDMENT FILED 65362

Jul. 07, 2011 TEAS STATEMENT OF USE RECEIVED

Jan. 13, 2011 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Jan. 12, 2011 EXTENSION 3 GRANTED 65362

Dec. 15, 2010 EXTENSION 3 FILED 65362

Dec. 15, 2010 TEAS EXTENSION RECEIVED

Jul. 23, 2010 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Jul. 22, 2010 EXTENSION 2 GRANTED 65362

Jun. 23, 2010 EXTENSION 2 FILED 65362

Jul. 22, 2010 CASE ASSIGNED TO INTENT TO USE PARALEGAL 65362

Jun. 23, 2010 TEAS EXTENSION RECEIVED

Jan. 06, 2010 EXTENSION 1 GRANTED 98765

Jan. 06, 2010 EXTENSION 1 FILED 98765

Jan. 06, 2010 TEAS EXTENSION RECEIVED

Jul. 07, 2009 NOA MAILED - SOU REQUIRED FROM APPLICANT


Mar. 25, 2009 NOTICE OF PUBLICATION



Mar. 05, 2009 APPROVED FOR PUB - PRINCIPAL REGISTER

Mar. 04, 2009 EXAMINER'S AMENDMENT ENTERED 88888

Mar. 04, 2009 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Mar. 04, 2009 EXAMINERS AMENDMENT E-MAILED 6328

Mar. 04, 2009 EXAMINERS AMENDMENT -WRITTEN 69197




Aug. 21, 2008 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Aug. 21, 2008 NON-FINAL ACTION E-MAILED 6325

Aug. 21, 2008 NON-FINAL ACTION WRITTEN 69197

Aug. 21, 2008 ASSIGNED TO EXAMINER 69197

May 10, 2008 NOTICE OF PSEUDO MARK MAILED

May 09, 2008 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: TMO LAW OFFICE 110 Date in Location: Aug. 21, 2017


Summary


Assignment 1 of 9




Exhibit 2



Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 2 of 9






Assignor




UNITED STATES

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 3 of 9






Assignor



DELAWARE



DELAWARE

Exhibit 2

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 4 of 9






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 5 of 9






Assignor




UNITED STATES

Assignee



DELAWARE




Exhibit 2

Where Organized:


Correspondent

CorrespondentName:





Assignment 6 of 9






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 7 of 9

Exhibit 2






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 8 of 9






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE



Legal Entity Type: LIMITED LIABILITY COMPANY State or Country DELAWARE

Exhibit 2

Where Organized:


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 9 of 9






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber

Exhibit 2


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History




















Exhibit 2

Reg. No. 5,401,059

Registered Feb. 13, 2018

Int. Cl.: 44

Service Mark

Principal Register

DaVita Inc. (DELAWARE CORPORATION)

2000 16th Street

Denver, COLORADO 80202

CLASS 44: Health care; Medical services; Medical services, namely, kidney dialysis services

FIRST USE 10-29-2016; IN COMMERCE 10-29-2016

The color(s) blue and yellow is/are claimed as a feature of the mark.

The mark consists of the word "DAVITA" in stylized form in blue with a yellow star

replacing the dot on top of the letter "i" and the left hand stalk of the letter "V" making an arc

shape over the letters "DA".

OWNER OF U.S. REG. NO. 4340687, 4340688, 2576733

SER. NO. 87-537,630, FILED 07-21-2017

Exhibit 2

Mark Information


DAVITA


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "DAVITA" in stylized form in blue with a yellow star replacing the dot on top of the letter "i" and the lefthand stalk of the letter "V" making an arc shape over the letters "DA".

Color Drawing: Yes

Color(s) Claimed: The color(s) blue and yellow is/are claimed as a feature of the mark.


01.01.03 - Star - a single star with five points27.03.05 - Objects forming letters or numerals



Registrations:

2576733, 4340687, 4340688

Goods and Services



For: Health care; Medical services; Medical services, namely, kidney dialysis services




Basis: 1(a)



Mark: DAVITA


Jul. 21, 2017


5401059 Registration Date: Feb. 13, 2018

Filed as TEASPlus:

Yes Currently TEASPlus:

Yes

Register: Principal






Status Date: Feb. 13, 2018

Publication Date: Nov. 28, 2017

Exhibit 2







Filed No Basis: No


Owner Name: DaVita Inc.

Owner Address: 2000 16th StreetDenver, COLORADO UNITED STATES 80202


DELAWARE


Attorney of Record




Yes

Correspondent


MIRIAM D. TRUDELLSheridan Ross P.C.1560 Broadway, Suite 1200Denver, COLORADO UNITED STATES 80202

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History




Apr. 11, 2018 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY

Feb. 13, 2018 REGISTERED-PRINCIPAL REGISTER

Nov. 28, 2017 CHANGES/CORRECTIONS AFTER PUB APPROVAL ENTERED 67832

Nov. 28, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Nov. 28, 2017 PUBLISHED FOR OPPOSITION

Nov. 08, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Oct. 30, 2017 ASSIGNED TO PETITION STAFF 67832

Oct. 23, 2017 TEAS POST PUBLICATION AMENDMENT RECEIVED 1111

Oct. 21, 2017 APPROVED FOR PUB - PRINCIPAL REGISTER


Jul. 28, 2017 NOTICE OF DESIGN SEARCH CODE E-MAILED

Jul. 27, 2017 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jul. 25, 2017 NEW APPLICATION ENTERED IN TRAM



File Location

Current Location: PETITIONS OFFICE Date in Location: Nov. 28, 2017

Exhibit 2


Summary


Assignment 1 of 3



Date Recorded: Mar. 29, 2018



Assignor



DELAWARE

Assignee



UNITED STATES

Address: 500 STANTON CHRISTIANA RD., FL. 3, OPS 2NEWARK, DELAWARE 19713

Correspondent

CorrespondentName:

CT CORPORATION




Assignment 2 of 3






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Exhibit 2

Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 3 of 3






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant



Exhibit 2




Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History















Exhibit 2






Exhibit 2

Mark Information


DAVITA



Mark DrawingType:




Number:

1265197



Property:

A0052544/1265197


Registrations:

2602168, 4340687, 4340688 and others

Goods and Services



For: Health care; Medical services




Basis: 1(a)



Mark: DAVITA


Jun. 24, 2015



Filed as TEASPlus:


Yes

Register: Principal






Status Date: Jan. 26, 2016


Exhibit 2







Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent


MIRIAM D. TRUDELLSheridan Ross P C1560 Broadway Ste 1200Denver, COLORADO UNITED STATES 80202-5145

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History



May 10, 2017 ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY





Oct. 21, 2015 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED







File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jan. 26, 2016


Summary

Exhibit 2

Total Assignments: 4 Registrant: DaVita Healthcare Partners Inc.

Assignment 1 of 4






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 2 of 4

Conveyance: SUPPLEMENTAL SECURITY AGREEMENT





Assignor



DELAWARE

Name: RMS LIFELINE INC. Execution Date: May 02, 2017


DELAWARE

Assignee



UNITED STATES

Address: 500 STANTON CHRISTIANA RDFL. 3, OPS 2NEWARK, DELAWARE 19713

Correspondent

CorrespondentName:

TED MULLIGAN - CT CORPORATION




Assignment 3 of 4




Exhibit 2



Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 4 of 4






Assignor



DELAWARE

Assignee



UNITED STATES

Address: 1700 LINCOLN STREET3RD FLOOR

Exhibit 2

DENVER, COLORADO 80203

Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber















Exhibit 2








Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


DAVITA


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "DAVITA" in stylized form with a star on top of the letter "i".



29.01.07 - Small, inconspicuous design elements functioning as punctuation or parts of letters; Inconspicuous designs functioning aspunctuation or parts of letters



Number:

1274551



Property:

A0052543/1274551


Registrations:

2576733, 4340687, 4340688 and others

Goods and Services



For: Health care; Medical services

International 044 - Primary Class U.S Class(es): 100, 101


Mark: DAVITA


Jun. 24, 2015



Filed as TEASPlus:


Yes

Register: Principal






Status Date: Jan. 26, 2016


Exhibit 2

Class(es):


Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent


MIRIAM D. TRUDELLSheridan Ross P C1560 Broadway Ste 1200Denver, COLORADO UNITED STATES 80202-5145

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History








Oct. 21, 2015 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED



Jul. 01, 2015 NOTICE OF DESIGN SEARCH CODE E-MAILED





Exhibit 2

File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Jan. 26, 2016


Summary

Total Assignments: 4 Registrant: DaVita Healthcare Partners Inc.

Assignment 1 of 4






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 2 of 4






Assignor



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:




Exhibit 2


Assignment 3 of 4






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 4 of 4






Assignor



DELAWARE

Exhibit 2

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber










Exhibit 2













Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


DAVITA KIDNEY ROCK



Mark DrawingType:


Disclaimer: "KIDNEY"



Registrations:

2576733, 3988658 and others

Goods and Services



For: Clothing, namely, t-shirts




Basis: 1(a)

First Use: Aug. 06, 2011 Use in Commerce: Aug. 06, 2011

For: Charitable services, namely, promoting public awareness about kidney disease




Basis: 1(a)



Mark: DAVITA KIDNEY ROCK


Aug. 16, 2011


4444274 Registration Date: Dec. 03, 2013

Register: Principal






Status Date: Dec. 03, 2013


Aug. 07, 2012

Exhibit 2

For: Charitable fundraising services, namely, organizing and conducting events, in the nature of run/walk events and block parties, to raisefunds for kidney related diseases




Basis: 1(a)


For: Charitable services, namely, organizing and conducting run/walk events and block parties, the proceeds of which are donated tocharity




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History



Dec. 03, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED





Exhibit 2

Dec. 03, 2013 REGISTERED-PRINCIPAL REGISTER

Oct. 29, 2013 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Oct. 26, 2013 LAW OFFICE REGISTRATION REVIEW COMPLETED 66213

Oct. 23, 2013 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Oct. 22, 2013 EXAMINER'S AMENDMENT ENTERED 88888

Oct. 22, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED

Oct. 22, 2013 EXAMINERS AMENDMENT E-MAILED

Oct. 22, 2013 SU-EXAMINER'S AMENDMENT WRITTEN 72152

Oct. 07, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED

Oct. 07, 2013 NON-FINAL ACTION E-MAILED

Oct. 07, 2013 SU - NON-FINAL ACTION - WRITTEN 72152

Sep. 16, 2013 STATEMENT OF USE PROCESSING COMPLETE 66530

Aug. 06, 2013 USE AMENDMENT FILED 66530

Aug. 30, 2013 CASE ASSIGNED TO INTENT TO USE PARALEGAL 66530

Aug. 06, 2013 TEAS STATEMENT OF USE RECEIVED

Feb. 08, 2013 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Feb. 06, 2013 EXTENSION 1 GRANTED 98765

Feb. 06, 2013 EXTENSION 1 FILED 98765

Feb. 06, 2013 TEAS EXTENSION RECEIVED




Aug. 07, 2012 NOA E-MAILED - SOU REQUIRED FROM APPLICANT

Jun. 12, 2012 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED


May 23, 2012 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

May 08, 2012 LAW OFFICE PUBLICATION REVIEW COMPLETED 66213














File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 26, 2013


Summary


Assignment 1 of 7






Exhibit 2

Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

DUSAN CLARK, ESQ.




Assignment 2 of 7






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 3 of 7






Assignor




UNITED STATES

Assignee



DELAWARE

Exhibit 2


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 5 of 7


Exhibit 2





Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 7






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE

Exhibit 2


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Exhibit 2

Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History




















Exhibit 2

Exhibit 2

Mark Information


DAVITA KIDNEY ROCK


No

Mark DrawingType:


Description ofMark:

The mark consists of the image of a guitar with the words "DAVITA KIDNEY ROCK" to the right side.


Disclaimer: "KIDNEY"


01.01.03 - Star - a single star with five points22.01.06 - Banjos; Guitars; Ukuleles26.11.13 - Rectangles (exactly two rectangles); Two rectangles26.11.16 - Rectangles touching or intersecting26.11.21 - Rectangles that are completely or partially shaded29.01.07 - Inconspicuous designs functioning as punctuation or parts of letters; Small, inconspicuous design elements functioning aspunctuation or parts of letters



Registrations:

2576733, 3988658 and others

Goods and Services



For: Clothing, namely, t-shirts




Basis: 1(a)


Mark: DAVITA KIDNEY ROCK


Aug. 16, 2011


4444275 Registration Date: Dec. 03, 2013

Register: Principal






Status Date: Dec. 03, 2013


Aug. 07, 2012

Exhibit 2


For: Charitable services, namely, promoting public awareness about kidney disease




Basis: 1(a)


For: Charitable fundraising services, namely, organizing and conducting events, in the nature of run/walk events and block parties, to raisefunds for kidney related diseases




Basis: 1(a)


For: Charitable services, namely, organizing and conducting run/walk events and block parties, the proceeds of which are donated tocharity




Basis: 1(a)








Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent



Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History

Exhibit 2



Dec. 03, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED





Dec. 03, 2013 REGISTERED-PRINCIPAL REGISTER

Oct. 29, 2013 NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED

Oct. 26, 2013 LAW OFFICE REGISTRATION REVIEW COMPLETED 66213

Oct. 23, 2013 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED

Oct. 22, 2013 EXAMINER'S AMENDMENT ENTERED 88888

Oct. 22, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED

Oct. 22, 2013 EXAMINERS AMENDMENT E-MAILED

Oct. 22, 2013 SU-EXAMINER'S AMENDMENT WRITTEN 72152

Oct. 07, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED

Oct. 07, 2013 NON-FINAL ACTION E-MAILED

Oct. 07, 2013 SU - NON-FINAL ACTION - WRITTEN 72152

Sep. 16, 2013 STATEMENT OF USE PROCESSING COMPLETE 66530

Aug. 06, 2013 USE AMENDMENT FILED 66530

Aug. 30, 2013 CASE ASSIGNED TO INTENT TO USE PARALEGAL 66530

Aug. 06, 2013 TEAS STATEMENT OF USE RECEIVED









Jun. 12, 2012 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED


May 23, 2012 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

May 08, 2012 LAW OFFICE PUBLICATION REVIEW COMPLETED 66213










Aug. 20, 2011 NOTICE OF DESIGN SEARCH CODE MAILED





File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Oct. 26, 2013


Exhibit 2

Summary


Assignment 1 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

DUSAN CLARK, ESQ.




Assignment 2 of 7






Assignor



DELAWARE

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 3 of 7






Exhibit 2

Assignor




UNITED STATES

Assignee



DELAWARE


Correspondent

CorrespondentName:





Assignment 4 of 7






Assignor



DELAWARE




CALIFORNIA




DELAWARE




DELAWARE




FLORIDA




DELAWARE

Assignee



UNITED STATES


Correspondent

Exhibit 2

CorrespondentName:





Assignment 5 of 7






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 6 of 7






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Exhibit 2

Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Assignment 7 of 7






Assignor



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant



Exhibit 2




Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Prosecution History















Exhibit 2






Exhibit 2

Mark Information


DAVITA


No

Mark DrawingType:


Description ofMark:

The mark consists of the word "DAVITA" in stylized form with a star replacing the dot on top of the letter "i" and the left hand stalk of theletter "V" making an arc shape over the letters "DA".



01.01.03 - Star - a single star with five points27.03.05 - Objects forming letters or numerals



Number:

1366121



Property:

A0062196/1366121


Registrations:

2576733, 4340687, 4340688

Goods and Services



For: Calculators; magnets; mousepads; prerecorded DVDs in the fields of health and medicine; downloadable scientific and medical datavia the Internet; downloadable electronic publications in the nature of informational flyers, brochures, magazines, and journals in thefields of health and medicine; downloadable software in the nature of a mobile application for management of patient health conditions


Mark: DAVITA


Oct. 06, 2016

Filed as TEAS RF: Yes Currently TEAS RF: Yes

Register: Principal



LIVE/APPLICATION/Under Examination

The trademark application has been accepted by the Office (has met theminimum filing requirements) and that this application has been assigned toan examiner.

Status: A final Office action has been sent (issued) to the applicant after review of the Statement of Use. To view all documents in this file, clickon the Trademark Document Retrieval link at the top of this page.

Status Date: Jul. 22, 2019

Publication Date: Sep. 26, 2017 Notice ofAllowance Date:

Nov. 21, 2017

Exhibit 2

and diet, namely, software that allows users to record and review symptoms, ailments, activities, prescriptions, supplements,medication compliance, health records, fluid intake, diet, medical recommendations, request medical appointments, requestprescription refills, and coordinate access to health care services so as to better control health of the patient; computer software formanagement of patient health conditions, namely, software for big data analytics in the nature of analyzing big data concerning patienthealth conditions; computer software for management of patient health conditions, namely, software for compiling and analyzingscientific and medical data regarding patient health conditions; computer software for management of patient health conditions,namely, software for collecting and analyzing data in the field of healthcare in the nature of patient health condition data; computersoftware for management of patient health conditions, namely, software for accessing and importing scientific and medical data andinformation in the nature of patient health condition data and information to analyze, visualize, share, and perform calculations withincomputational and analytical data models, computational algorithms and software applications; computer software for management ofpatient health conditions, namely, software that allows users to record and review symptoms, ailments, activities, prescriptions,supplements, medication compliance, health records, fluid intake, diet, medical recommendations, request medical appointments,request prescription refills, and coordinate access to health care services so as to better control health of the patient; computersoftware for management of dialysis, medical and health clinics used for scheduling, insurance verification, billing and maintenance ofpatient electronic health records; downloadable software in the nature of a mobile application for management of medical, health anddialysis clinics used for scheduling, insurance verification, billing and maintenance of patient electronic health records; prerecordedDVDs in the field of kidney disease; downloadable electronic publications in the nature of informational flyers, brochures, magazines,and journals in the field of kidney disease; computer software for management of chronic kidney disease, namely, software for big dataanalytics in the nature of analyzing big data concerning patient kidney health conditions; computer software for management of chronickidney disease, namely, software for compiling and analyzing scientific and medical data regarding kidney disease; computer softwarefor management of chronic kidney disease, namely, software for collecting and analyzing data in the field of healthcare in the nature ofchronic kidney disease; computer software for management of chronic kidney disease, namely, software for accessing and importingscientific and medical data and information about chronic kidney disease to analyze, visualize, share, and perform calculations withincomputational and analytical data models, computational algorithms and software applications; computer software for management ofchronic kidney disease, namely, software that allows users to record and review symptoms, ailments, activities, prescriptions,supplements, medication compliance, health records, fluid intake, diet, medical recommendations, request medical appointments,request prescription refills, and coordinate access to health care services so as to better control health of the patient; downloadablesoftware in the nature of a mobile application for management of chronic kidney disease, namely, software that allows users to recordand review symptoms, ailments, activities, prescriptions, supplements, medication compliance, health records, fluid intake, diet,medical recommendations, request medical appointments, request prescription refills, and coordinate access to health care services soas to better control health of the patient




Basis: 1(b)

First Use: Apr. 18, 2018 Use in Commerce: Apr. 18, 2018

For: Retail pharmacy services; website in the field of retail pharmacy services, namely, online retail pharmacy store services; online retailstores services featuring education kits, brochures, posters, flipcharts, DVDs, fliers, buttons, caps, jackets, vests, pillows, beanies, totebags, lunch coolers, scarves, journals, table games, blankets, pill cases, bracelets; online physician recruitment services; managing theadministrative systems of health care providers; offering business strategic planning, implementation, and development of integratedhealth care delivery systems, namely, business consultation in the field of forming health care networks; consulting in medical groupformation; public policy consultancy and public advocacy services to promote awareness of health and medical conditions; businessmanagement of health care centers for others; specialized retail pharmacy services for patients with particular medical conditions;business administration of pharmacy reimbursement programs and services; business consulting and management in the field ofclinical trials, namely, providing information management services; business consulting and management in the field of clinical trials,namely, management and compilation of computerized databases in the field of clinical trials for business purposes; businessconsulting and management in the field of clinical trials, namely, clinical data and regulatory submission management on behalf ofmedical and pharmaceutical companies to assist them with clinical research, clinical trials and applications for drug approval; businessmanagement and business administration of medical facilities related to the care of renal patients; business management of dialysiscenters for third parties; nephrologist, health and medical professional career placement services; public policy consultancy and publicadvocacy services to promote awareness of kidney disease and dialysis; charitable services to promote public awareness about kidneyrelated and other diseases; specialized retail pharmacy services for renal patients and other patients; delivery system redesignservices, namely, design of a business management system for health care delivery organizations; operation of health care centers forothers, namely, business management and operation of health care centers for others




Basis: 1(b)


For: Administration of health care services plans for others; charitable fundraising services in the form of walks, runs and bike ride events;financial administration of pharmacy reimbursement programs and services; pharmacy benefit management services; providingmedical insurance and financial assistance information to patients with kidney and other diseases




Basis: 1(b)


For: Educational services, namely, conducting classes, workshops and seminars for doctors, nurses, and dieticians in the fields of medicine

Exhibit 2

and health; education services, namely, providing instruction and training in the fields of emergency planning, preparation andresponse; health education classes; coaching services in the fields of nutrition and diet; medical training and teaching; providingclasses and training to patients about health and medical information; online publications, namely, newsletters, books and journals andinformational brochures in the fields of medicine and health; online journals, namely, blogs in the fields of health and medicine; medicaland health professional career counseling services, namely, providing advice concerning education option to pursue careeropportunities; providing on-line publications in the nature of articles in the fields of health and medicine; health education classes forsingle and multiple complex or chronic medical conditions, namely, kidney health, diabetes, asthma, COPD, weight management,cholesterol management, congestive heart failure, pregnancy and childcare, high blood pressure, smoking cessation; educationalservices, namely, conducting classes, workshops and seminars for doctors, nurses, and dieticians in the field of kidney disease;educational services, namely, training physicians about treatment for renal patients and other patients; physician and staff trainingprograms in the fields of diagnostic and interventional nephrology; providing continuing professional education courses for nurses inthe fields of renal and other diseases; providing classes and training to renal patients about renal disease; nephrologist careercounseling services, namely, providing advice concerning education option to pursue career opportunities; online publications, namely,newsletters, books and journals and informational brochures in the field of kidney disease; online journals, namely, blogs in the field ofkidney disease; providing on-line publications in the nature of articles in the field of kidney disease; health policy, namely, design ofhealth policy education; education services, namely, conducting classes and seminars in the field of diabetes treatment; providing awebsite featuring non-downloadable online videos in the fields of medical conditions and diseases; providing a website featuring non-downloadable online videos in the field of kidney disease




Basis: 1(b)


For: Medical laboratory services; providing temporary use of on-line non-downloadable software for providing information on health careservices and locations of hospitals, medical centers, dialysis centers and physicians; medical and scientific research, namely,conducting clinical trials; clinical and scientific research, clinical trials, and product development in the medical field; clinical andscientific research, clinical trials, and product development in the medical fields of renal, hepatic, cardiovascular, dermatology,infectious disease, obstetrics, gynecology, and neurology; research in fields of health and wellness, with a focus on managed care andbenchmarking best practices; multispecialty research, namely, medical research services; conducting clinical trials on behalf ofpharmaceutical and biotechnology companies; computer services, namely, hosting on-line web facilities for others for organizing andconducting online meetings, gatherings, and interactive discussions; computer services, namely, creating an on-line community forregistered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networkingservices in the field of health; providing medical and scientific research information in the field of clinical trials; medical research;medical and scientific research, namely, conducting clinical trials for others; medical laboratories; providing temporary use of non-downloadable software for management of patient health conditions and diet, namely, software for big data analytics in the nature ofanalyzing big data concerning patient health conditions; providing temporary use of non-downloadable software for management ofpatient health conditions and diet, namely, software for compiling and analyzing scientific and medical data regarding patient healthconditions and diet; providing temporary use of non-downloadable software for management of patient health conditions and diet,namely, software for collecting and analyzing data in the field of healthcare in the nature of data regarding patient health conditions anddiet; providing temporary use of non-downloadable software for management of patient health conditions and diet, namely, software foraccessing and importing scientific and medical data and information regarding patient health conditions and diet to analyze, visualize,share, and perform calculations within computational and analytical data models, computational algorithms and software applications;providing temporary use of non-downloadable software for management of patient health conditions and diet, namely, software thatallows users to record and review symptoms, ailments, activities, prescriptions, supplements, medication compliance, health records,fluid intake, diet, medical recommendations, request medical appointments, request prescription refills, and coordinate access to healthcare services so as to better control health of the patient; providing temporary use of non-downloadable software for management ofdialysis, medical and health clinics used for scheduling, insurance verification, billing and maintenance of patient electronic healthrecords; providing temporary use of non-downloadable software to calculate kidney function and to provide information regarding theavailability of the kidney function calculators by telephone; providing an online community for registered users to participate indiscussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of kidneydisease




Basis: 1(b)


For: Providing a website featuring information in the fields of recipes and cooking; providing an online computer database containingrecipes for healthy eating; providing an online computer database to consumers concerning recipes for kidney disease patients




Basis: 1(b)


For: Health care services; medical services; primary and multi-specialty medical care through a staff model of employing physicians andspecialists, and through an independent physician association (IPA) model of contracting with independent primary care physiciansand specialists; coordinated health care; providing in-home medical care services; home health care services; chronic condition healthcare; personalized disease and one-on-one care management; medical services provided through a house calls program; providinghealth care services through an accountable care organization (ACO) that focuses on the quality of care and results of each patient;

Exhibit 2

health care services, namely, disease management programs; providing a website containing online medical information in the fields ofmedical care, health care, diabetes, nutrition, wellness, and other health topics; providing online diet and nutritional information forgeneral audiences; providing a web site featuring medical information and diet information; providing health, medical and healthcareinformation and information on proven innovative healthcare programs; medical clinics; outpatient medical services; hospital inpatientand outpatient medical services; providing a website for physicians providing information in the fields of medical conditions anddiseases; consulting services in the field of medical care; providing an on-line computer database featuring information regardinghealth and nutrition; in-home and in-center hemodialysis and peritoneal dialysis services, infusion therapy services and blood therapyservices; medical services, namely, providing in-center and in-home treatment for patients with kidney disease; outpatient renal careservices; medical services, namely, operation of outpatient and inpatient dialysis centers for renal therapy; hospital inpatient andoutpatient services in the fields of dialysis and kidney disease; providing a website containing online medical information in the fields ofkidney disease and dialysis; providing online diet and nutritional information for kidney disease and dialysis patients; providing awebsite for physicians providing information in the field of kidney disease; information services, namely, providing information in thefields of medical centers and their locations and providing information in the field of dialysis; operation of health care centers for others,namely, providing health care services for others in health care centers




Basis: 1(b)



Filed Use: No Currently Use: No

Filed ITU: Yes Currently ITU: Yes




Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent


MIRIAM D. TRUDELLSHERIDAN ROSS P.C.1560 BROADWAY, SUITE 1200DENVER, COLORADO UNITED STATES 80202

Phone: 303-863-2970 Fax: 303-863-0223



Yes


Prosecution History



Jul. 22, 2019 NOTIFICATION OF FINAL REFUSAL EMAILED

Jul. 22, 2019 FINAL REFUSAL E-MAILED

Jul. 22, 2019 SU - FINAL REFUSAL - WRITTEN 92460

Jun. 29, 2019 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Exhibit 2

Jun. 28, 2019 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Jun. 28, 2019 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Dec. 31, 2018 NOTIFICATION OF NON-FINAL ACTION E-MAILED

Dec. 31, 2018 NON-FINAL ACTION E-MAILED

Dec. 31, 2018 SU - NON-FINAL ACTION - WRITTEN 92460

Dec. 04, 2018 STATEMENT OF USE PROCESSING COMPLETE 65362

Nov. 20, 2018 USE AMENDMENT FILED 65362

Dec. 04, 2018 CASE ASSIGNED TO INTENT TO USE PARALEGAL 65362

Nov. 20, 2018 TEAS STATEMENT OF USE RECEIVED

May 22, 2018 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

May 18, 2018 TEAS CHANGE OF CORRESPONDENCE RECEIVED

May 18, 2018 EXTENSION 1 GRANTED 98765

May 18, 2018 EXTENSION 1 FILED 98765

May 18, 2018 TEAS EXTENSION RECEIVED

Nov. 21, 2017 NOA E-MAILED - SOU REQUIRED FROM APPLICANT

Sep. 26, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Sep. 26, 2017 PUBLISHED FOR OPPOSITION

Sep. 06, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Aug. 16, 2017 APPROVED FOR PUB - PRINCIPAL REGISTER

Aug. 09, 2017 EXAMINER'S AMENDMENT ENTERED 88888

Aug. 09, 2017 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Aug. 09, 2017 EXAMINERS AMENDMENT E-MAILED 6328

Aug. 09, 2017 EXAMINERS AMENDMENT -WRITTEN 92460

Jul. 19, 2017 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Jul. 18, 2017 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Jul. 18, 2017 TEAS RESPONSE TO OFFICE ACTION RECEIVED


Jan. 19, 2017 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Jan. 19, 2017 NON-FINAL ACTION E-MAILED 6325

Jan. 19, 2017 NON-FINAL ACTION WRITTEN 92460

Jan. 17, 2017 ASSIGNED TO EXAMINER 92460

Oct. 13, 2016 NOTICE OF DESIGN SEARCH CODE E-MAILED

Oct. 12, 2016 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Oct. 10, 2016 NEW APPLICATION ENTERED IN TRAM


TM Staff Information

TM Attorney: TRATOS, MARK STEVEN Law OfficeAssigned:

LAW OFFICE 113

File Location

Current Location: TMO LAW OFFICE 113 - EXAMININGATTORNEY ASSIGNED

Date in Location: Jul. 22, 2019


Summary

Total Assignments: 2 Applicant: DaVita Inc.

Assignment 1 of 2






Assignor

Exhibit 2



DELAWARE



DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 2 of 2






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE

Address: 2000 16TH STREET

Exhibit 2

DENVER, COLORADO 80202

Correspondent

CorrespondentName:

CT CORPORATION




Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber















Exhibit 2








Prosecution History




















Exhibit 2

Mark Information


DAVITA PREDICTIVE INSIGHTS



Mark DrawingType:


Disclaimer: "PREDICTIVE INSIGHTS"



Registrations:

2602168, 4340687, 4892924

Goods and Services



For: Computer software for compiling and analyzing scientific and medical data; Computer software for big data analytics, and for collectingand analyzing data in the field of healthcare; Computer software for use in accessing and importing scientific and medical data andinformation to analyze, visualize, share, and perform calculations within computational and analytical data models, computationalalgorithms, and software applications




Basis: 1(b)

For: Medical, pharmaceutical, scientific, biopharmaceutical and biotechnology research and development services; Providing medicalresearch and scientific research information in the field of medicine and pharmaceuticals; Providing on-line, non-downloadablesoftware applications to compile and analyze scientific and medical data; Data mining; Software as a service (SAAS) services featuringsoftware for big data analytics, and for collecting and analyzing data in the field of healthcare; Providing on-line, non-downloadablecomputer software for use in accessing and importing scientific and medical data and information to analyze, visualize, share, andperform calculations within computational and analytical data models, computational algorithms, and software applications; Platform asa service (PAAS) featuring computer software platforms for data collection, data analytics, data storage and data mining, for use in thefield of healthcare; Medical research featuring the identification and validation of disease related biomarkers


Mark: DAVITA PREDICTIVE INSIGHTS


Jan. 24, 2017


Register: Principal





Status: A fourth request for extension of time to file a Statement of Use has been granted.


Publication Date: Jul. 04, 2017 Notice ofAllowance Date:

Aug. 29, 2017

Exhibit 2




Basis: 1(b)

For: Health care services, namely, providing a database of diseases and the collection of disease data and information all for treatment anddiagnostic purposes; health care services, namely, providing a database in the field of patient diagnostic, admissions, discharge,transfer (ADT), electronic health records (EHR), molecular, biomarker, genomic medicine, and clinical data including medication andlaboratory values with systems for output of customized knowledge and information and featuring inputting and collection of data andinformation all for treatment and diagnostic purposes; medical evaluation services, namely, patient outcome analysis services;providing health information; medical information; medical testing for diagnostic or treatment purposes; medical diagnostic, prognosticand theranostic screening and testing; medical diagnostic and theranostic monitoring and reporting services; predictive modeling ofdata in the fields of medicine and healthcare, for medical diagnostic, prognostic and treatment purposes; patient outcome analysisservices, namely, providing on-line medical record analysis services designed to provide patients with custom tailored informationabout the range of possible diagnoses, treatments and therapies associated with a defined set of symptoms and evaluating patientrecords, disease markers and environmental factors to provide patients with information about possible diagnoses, treatments andtherapies




Basis: 1(b)







Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent


MIRIAM D. TRUDELLSHERIDAN ROSS P.C.1560 BROADWAY, SUITE 1200DENVER, COLORADO UNITED STATES 80202

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History


Aug. 30, 2019 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Aug. 28, 2019 EXTENSION 4 GRANTED 98765

Aug. 28, 2019 EXTENSION 4 FILED 98765

Exhibit 2

Aug. 28, 2019 TEAS EXTENSION RECEIVED


Jul. 25, 2019 ASSIGNED TO EXAMINER 93681





Aug. 22, 2018 TEAS CHANGE OF CORRESPONDENCE RECEIVED

Aug. 22, 2018 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Aug. 20, 2018 EXTENSION 2 GRANTED 98765

Aug. 20, 2018 EXTENSION 2 FILED 98765

Aug. 20, 2018 TEAS EXTENSION RECEIVED





Feb. 20, 2018 TEAS CHANGE OF CORRESPONDENCE RECEIVED


Jul. 04, 2017 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Jul. 04, 2017 PUBLISHED FOR OPPOSITION

Jun. 14, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED







Apr. 19, 2017 ASSIGNED TO EXAMINER 93676

Jan. 28, 2017 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jan. 27, 2017 NEW APPLICATION ENTERED IN TRAM



TM Attorney: WRIGHT, LAURA M Law OfficeAssigned:

LAW OFFICE 125

File Location

Current Location: INTENT TO USE SECTION Date in Location: Aug. 29, 2017


Summary

Total Assignments: 2 Applicant: DaVita Inc.

Assignment 1 of 2






Assignor



DELAWARE


Exhibit 2


DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 2 of 2






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION

Correspondent 4400 EASTON COMMONS WAY

Exhibit 2

Address: SUITE 125COLUMBUS, OH 43219


Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber




















Exhibit 2



Prosecution History




















Exhibit 2

Mark Information


DAVITA LIVE SMART



Mark DrawingType:


Goods and Services



For: Educational services, namely, one-on-one training to manage kidney disease and dialysis treatment and distribution of educationalmaterials in connection therewith; kidney dialysis treatment training and teaching on the steps required to be eligible, evaluated, andready to receive a kidney transplant




Basis: 1(b)

For: Providing information in the field of kidney disease and dialysis treatment




Basis: 1(b)







Mark: DAVITA LIVE SMART


May 27, 2016


Register: Principal








Jun. 06, 2017

Exhibit 2


Filed No Basis: No





DELAWARE


Attorney of Record

Attorney Name: Sabrina C. Stavish Docket Number: 8077-92



Yes

Correspondent


SABRINA C. STAVISHSHERIDAN ROSS P.C.1560 BROADWAY, SUITE 1200DENVER, COLORADO UNITED STATES 80202

Phone: 303.863.9700 Fax: 303.863.0223



Yes


Prosecution History



Jun. 08, 2019 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Jun. 06, 2019 EXTENSION 4 GRANTED 98765



Nov. 14, 2018 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Nov. 12, 2018 EXTENSION 3 GRANTED 98765

Nov. 12, 2018 EXTENSION 3 FILED 98765

Nov. 12, 2018 TEAS EXTENSION RECEIVED













Mar. 22, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED






Exhibit 2









TM Attorney: ELLINGER FATHY, JESSIC Law OfficeAssigned:

LAW OFFICE 110

File Location

Current Location: INTENT TO USE SECTION Date in Location: Jun. 06, 2017


Summary

Total Assignments: 3 Applicant: DAVITA HEALTHCARE PARTNERS INC.

Assignment 1 of 3






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 2 of 3






Assignor



DELAWARE



DELAWARE

Assignee

Exhibit 2



UNITED STATES


Correspondent

CorrespondentName:





Assignment 3 of 3






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION




Exhibit 2

Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber






















Exhibit 2

Prosecution History




















Exhibit 2

Mark Information


DAVITA START SMART



Mark DrawingType:


Goods and Services



For: Educational services, namely, one-on-one training to manage kidney disease and dialysis treatment and distribution of educationalmaterials in connection therewith; kidney dialysis treatment training and teaching on the steps required to be eligible, evaluated, andready to receive a kidney transplant




Basis: 1(b)

For: Providing information in the field of kidney disease and dialysis treatment




Basis: 1(b)







Mark: DAVITA START SMART


May 27, 2016


Register: Principal








Jun. 06, 2017

Exhibit 2


Filed No Basis: No





DELAWARE


Attorney of Record

Attorney Name: Sabrina C. Stavish Docket Number: 8077-91



Yes

Correspondent


SABRINA C. STAVISHSHERIDAN ROSS P.C.1560 BROADWAY, SUITE 1200DENVER, COLORADO UNITED STATES 80202

Phone: 303.863.9700 Fax: 303.863.0223



Yes


Prosecution History







Dec. 04, 2018 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED









Dec. 08, 2017 NOTICE OF APPROVAL OF EXTENSION REQUEST E-MAILED

Dec. 06, 2017 EXTENSION 1 GRANTED 98765

Dec. 06, 2017 EXTENSION 1 FILED 98765

Dec. 06, 2017 TEAS EXTENSION RECEIVED

Dec. 06, 2017 TEAS CHANGE OF CORRESPONDENCE RECEIVED









Exhibit 2











TM Attorney: ELLINGER FATHY, JESSIC Law OfficeAssigned:

LAW OFFICE 110

File Location

Current Location: INTENT TO USE SECTION Date in Location: Jun. 06, 2017


Summary

Total Assignments: 3 Applicant: DAVITA HEALTHCARE PARTNERS INC.

Assignment 1 of 3






Assignor



DELAWARE

Assignee

Name: DAVITA INC.


DELAWARE


Correspondent

CorrespondentName:





Assignment 2 of 3






Assignor



DELAWARE


Exhibit 2


DELAWARE

Assignee



UNITED STATES


Correspondent

CorrespondentName:





Assignment 3 of 3






Assignor



UNITED STATES

Assignee



DELAWARE




DELAWARE




FLORIDA


Name: DAVITA INC.


DELAWARE




DELAWARE


Correspondent

CorrespondentName:

CT CORPORATION

Correspondent 4400 EASTON COMMONS WAY

Exhibit 2

Address: SUITE 125COLUMBUS, OH 43219


Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber




















Exhibit 2



Prosecution History




















Exhibit 2

Mark Information


DAVITA HOME DIALYSIS CONNECT



Mark DrawingType:


Disclaimer: "HOME DIALYSIS"



Registrations:

2602168, 4340687, 4892924

Goods and Services



For: Downloadable software in the nature of a mobile application for use in accessing health and wellness programs, personalizedmedicine, health care services integrated with local care, remote medical monitoring, on-call remote access to health coaching andintervention services, virtual medical care, health care records review and management, and health data collection; Downloadablesoftware in the nature of a mobile application for analyzing and reporting data received from remote medical monitoring devices;Downloadable software in the nature of a mobile application for remote communication and networking of medical data, voice data,video data, and scheduling data for remote medical monitoring and consultation; Downloadable software in the nature of a mobileapplication for use with medical patient monitoring equipment for receiving, processing, transmitting and displaying data; Downloadablecomputer software, namely, software for the transmission, recording, reproduction, display, organization, management, manipulationand review of messages, text, images, files, audio, video and audio-visual content and other data for the facilitation of communicationsbetween two or multiple users via computer networks; Virtual reality training simulation software in the field of kidney disease andtreatment; Sensors for scientific use to be worn by a human to gather human biometric data




Basis: 1(b)

For: Portable medical devices with sensors to monitor the health of a patient wearing or carrying the device; Sensors for medical use to be


Mark: DAVITA HOME DIALYSIS CONNECT


May 05, 2017


Register: Principal





Status: A second request for extension of time to file a Statement of Use has been granted.

Status Date: May 20, 2019

Publication Date: Mar. 27, 2018 Notice ofAllowance Date:

May 22, 2018

Exhibit 2

worn by a human to gather human biometric data




Basis: 1(b)

For: Supply chain management services




Basis: 1(b)

For: Insurance counseling services, namely, advising and assisting others in choosing and enrolling in health insurance plans and programs




Basis: 1(b)

For: Educational services, namely, providing clinician training in the field of kidney disease and treatment; Educational services, namely,providing patient education and training in the field of kidney disease and treatment




Basis: 1(b)

For: Software as a service (SAAS) services featuring software for allowing real-time access to medical professionals by medical patients viatelephone, video, email, mobile devices or a global computer network, for scheduling of medical and laboratory appointments online,voice, video, chat, or text via mobile device, computer, and any device, allowing medical telemetry services online, voice, video chat, ortext via mobile, computer, phone and any device, and allowing medical consultations provided via phone, online chat orvideoconferencing; Providing temporary use of online non-downloadable software for patients to connect with physicians and medicalservice providers and to schedule interviews and receive medication and prescriptions via video chat; Providing a web site featuringtechnology that enables physicians to generate, manage and exchange medical information and documents; Providing temporary useof non-downloadable software to provide telemedicine services via the internet, namely, real time video consultations, on-line videochats, e-mails and instant messaging between physicians and patients and allow users to consult information about their health andmedical records and obtain general information about health; Providing temporary use of non-downloadable software to provide virtualmedical clinic services; Providing temporary use of non-downloadable software to manage virtual health care clinics and medicalclinics; Providing a website featuring on-line non-downloadable software for use in accessing health programs, personalized medicine,concierge health care services, health care services integrated with local care, remote medical monitoring, on-call remote access tohealth coaching and intervention services, virtual medical care, health care records review and management, and health datacollection; Providing a website featuring on-line non-downloadable software for analyzing and reporting data received from remotemedical monitoring devices; Providing a website featuring on-line non-downloadable software for remote communication andnetworking of medical data, voice data, video data, and scheduling data for remote medical monitoring and consultation; Providing awebsite featuring on-line non-downloadable software for use with medical patient monitoring equipment for receiving, processing,transmitting and displaying data; Software as a service (SAAS) services featuring software for use in predictive modeling and predictiveanalytics; Software as a service (SAAS) services, namely, hosting software for use by others for use with decision support tools,namely, medical diagnosis based on the patient symptoms, medications, and medical records and compliance with known treatmentguidelines; Software as a service (SAAS) services featuring software for use in electronically signing consents, prescriptions, and otherdocuments




Basis: 1(b)

For: Medical and pharmaceutical consulting services provided by phone, email or by video chat; Remote monitoring of data indicative of thehealth or condition of an individual or group of individuals for medical diagnosis and treatment purposes; Interactive medical monitoringand alert service for reminding clients of medicinal dosage and prescription refills for medical treatment purposes; Medical andpharmaceutical consultations provided via phone, online chat or videoconferencing; Health care services; Medical services; Managedhealth care services; Health care services, namely, disease management programs; Medical assistance services provided viatelecommunication and global computer networks for individuals with health problems through the use of wearable medical deviceswith automated alert and monitoring capacity; Providing an internet website for medical professionals and medical patients featuringinformation relating to health programs, personalized medicine, concierge health care services, health care services integrated withlocal care, remote medical monitoring, on-call remote access to health coaching and intervention services, virtual medical care, healthcare records review and management, and health data collection; Providing an internet website for medical professionals and medicalpatients featuring medical information from remote locations via electronic patient monitoring devices that feed information to the website that can be accessed in real-time by medical professionals for purposes of monitoring and diagnosing medical conditions;Providing social work services, namely, providing psychosocial support and counseling



Exhibit 2


Basis: 1(b)

For: Providing emotional counseling and emotional support services for dialysis patients; Organizing and conducting support groups in thefield of kidney disease and treatment




Basis: 1(b)







Filed No Basis: No





DELAWARE


Attorney of Record




Yes

Correspondent


MIRIAM D. TRUDELLSheridan Ross P.C.1560 Broadway, Suite 1200Denver, COLORADO UNITED STATES 80202

Phone: 303-863-9700 Fax: 303-863-0223



Yes


Prosecution History











May 22, 2018 NOA E-MAILED - SOU REQUIRED FROM APPLICANT



Exhibit 2


Feb. 22, 2018 ASSIGNED TO LIE 66213


Jan. 24, 2018 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Jan. 23, 2018 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Jan. 23, 2018 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Aug. 11, 2017 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Aug. 11, 2017 NON-FINAL ACTION E-MAILED 6325

Aug. 11, 2017 NON-FINAL ACTION WRITTEN 93651

Aug. 03, 2017 ASSIGNED TO EXAMINER 93651

May 10, 2017 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM




TM Attorney: DIBLE, JONATHON I Law OfficeAssigned:

LAW OFFICE 111

File Location

Current Location: INTENT TO USE SECTION Date in Location: May 22, 2018

Proceedings

Summary


1


ProceedingNumber:

91240238 Filing Date: Mar 19, 2018



WENDY COHEN

Defendant






Associated marks


RegistrationNumber


Plaintiff(s)

Name: DaVita Inc.





Associated marks


RegistrationNumber




Exhibit 2



















Prosecution History




















Exhibit 2

9/5/2019 Travel Support for Dialysis Patients | DaVita Kidney Care

https://www.davita.com/treatment-services/travel 1/4

Your travel days aren’t over just because you’re on dialysis. There are dialysis-friendly

destinations, along with travel tips and articles to help you plan your getaway. We

also have customer service specialists that can help. DaVita® has more than 2,500

dialysis centers nationwide, and they are available to travelers regardless of where

you normally dialyze. Here are two ways to get started:

Locate dialysis where you need it. Find a Dialysis Center is a tool you can use to

map out your visit.

Call DaVita Guest Services at 1-800-244-0680. Reach a customer service

specialist right away.

Learn to manage your kidney health.

Get your questions answered in a no-cost Kidney Smart class.

ZIP Code or State

How Is Kidney Function Measured?

Learn how your glomerular ltration rate (GFR) serves as an indicator of kidney function.

Travel Support

Dialysis Where It’s Needed—Even on Vacation

®

Exhibit 3

https://www.davita.com/tools/find-dialysis-center

tel:18002440680

https://www.davita.com/



Find a Dialysis Center

Call 1-800-424-6589 now to talk to one of our placement specialists.

Take a Deeper Look at Treatment &

Services

Dialysis Treatments

Get an overview about different dialysis

treatments and how they help people

continue a productive life.

Home Dialysis

Understand the bene ts of home dialysis,

whether it’s peritoneal dialysis (PD) or home

hemodialysis (HHD).

Transplants

Discover the facts and bene ts about this

treatment alternative to dialysis.

Exhibit 3

tel:18004246589

https://www.davita.com/treatment-services/dialysis

https://www.davita.com/treatment-services/home-dialysis

https://www.davita.com/treatment-services/transplant



Insurance Coverage for

Dialysis

When you are diagnosed with kidney disease

and need dialysis or a transplant, you’ll want

to understand your insurance options, how to

receive nancial assistance and more.

Prescription Management

Understand how to keep track of your

prescribed medications.

Emergency Services

When you need emergency support or

dialysis placement, look no further

than DaVita Guest Services.

Five-Star Quality Rating

See how the Centers for Medicare and

Medicaid Services (CMS) recognized many

DaVita centers with top marks in its Five-Star

Quality Rating program.

®

Exhibit 3

https://www.davita.com/treatment-services/transplant

https://www.davita.com/treatment-services/insurance-financial-management

https://www.davita.com/treatment-services/prescription

https://www.davita.com/treatment-services/emergency

https://www.davita.com/treatment-services/five-star

https://www.davita.com/treatment-services/better-care



BePer Care with DaVita

With a kidney disease diagnosis, what do you

do next? Find your way to better care in 3

steps.

Disease Management

With DaVita Integrated Kidney Care,

patients with kidney disease can receive

integrated care through the division’s health

management services.

®

Exhibit 3

https://www.davita.com/treatment-services/better-care

https://www.davita.com/treatment-services/disease-management

9/6/2019 Divita Tours - DiVita Tours - Extraordinary Wine and Culinary Tours of Italy

https://www.divitatours.com/philosophy 1/2

(https://www.divitatours.com)

(https://www.divitatours.com)

PhilosophyDiVita Tours is an Italian wine and culinary tour company. The business was born by a team with avision to share their Italian heritage, love and knowledge of Italian wines and culinaryexperiences. The passion for Italy unites the team and shines through in every fine detail of thejourney. Every moment is perfectly planned, and experiences selected to heighten the senses andprovide an intimate knowledge of the regional delights. From the terrains, to the history of manyof the 590 types of grapes in the country, and the regional culinary, it is the mission of the team toensure your journey will exceed expectations.

DiVita Tours è una compagnia specializzata in tours eno-gastronomici attraverso l’Italia.Condividere la loro cultura, amore e conoscenza per l’arte del vino e della cucina è la missione delTeam che ha ideato e creato DiVita. L’anima del Team è piena di passione per l’Italia che si riflettein ogni più piccolo dettaglio del viaggio. Ogni momento è studiato per sollecitare i sensi e fornireun’intima conoscenza delle delizie regionali senza dimenticare il fascino dei panorami, dell’arte edella storia che riempiono e arricchiscono tutto l’itinerario.

DiVita saprà offrirvi un viaggio al di sopra delle vostre più ardite aspettative accompagnandovi interritori unici al mondo. Assaggerete i vini derivati dai vitigni più importanti e rappresentativi delterritorio, ma scoprirete anche quelli meno conosciuti e più esoterici, che in molti casi produconovini di grande qualità ed unicità. Assaggerete i sapori e le delizie del territorio, i prodotti tipici cheprofumano di secoli di tradizione, e nel farlo sarete sempre circondati dalla straordinaria eimbattibile bellezza del nostro Bel Paese.

☰Exhibit 4

https://www.divitatours.com/

https://www.divitatours.com/

9/6/2019 Divita Tours - DiVita Tours - Extraordinary Wine and Culinary Tours of Italy

https://www.divitatours.com/philosophy 2/2

;

What is benefit of embarking on a DiVita Tour?

If you want to appreciate the cultural differences in the regions of Italy, it is important toexperience the diversity. From the landscapes, terrains, people, history, culture, language, and ofcourse the food and wine indigenous to the area. DiVita does not offer whirlwind tours of theentire country, but a well-planned, 1-week journey, providing and in-depth understanding of yourregion of choice. It is our hope you will join us again to learn more about the other regions in Italyon a DiVita Tour.

Our Tours are for small groups from 8 to 14 people, allowing us to move easily around the regionwithout special dispensation for large buses. This is NOT a high-volume sightseeing tour. Ourclients do not spend half of their time in a big bus traveling. It is perfectly planned for people whowant a more discrete and relaxing experience. DiVita handles the complete coordination andmanagement of your tour and offers additional customization to meet the most challengingrequests.

Pricing is not published on the website but available within minutes after requesting aproposal. The cost of the tour depends on the season and the locations visited, and are allinclusive, (airfare additional). The tour packages range from $3000 to $5000 for the week, perperson and prices do vary depending upon single or double occupancy. If one of the regionaltours is not of interest, DiVita has a custom itineraries team to help design a special tour foryou. DiVita has a dedicated airfare consultant ready to help book your trip to ensure a smoothvisit to Italy from start to finish.

Contact Us(https://www.divitatours.com/contact-

us)

(https://linkedin.com/company/divita-tours/) (https://www.instagram.com/divitatours/)

(https://www.facebook.com/divitatours/)

Call us at 1-877-597-0013 or 1-305-539-0130 ©DiVita Tours 2019 . All Rights Reserved -

Certified Seller of Travel #2137739-70

Privacy Policy(https://www.divitatours.com/privacy-policy) | Terms & Conditions(https://www.divitatours.com/terms-conditions)

Exhibit 4

https://www.divitatours.com/contact-us

https://linkedin.com/company/divita-tours/

https://www.instagram.com/divitatours/

https://www.facebook.com/divitatours/

https://www.divitatours.com/privacy-policy

https://www.divitatours.com/terms-conditions

9/11/2019 DiVita Tours | LinkedIn

https://www.linkedin.com/company/divitatours 1/3

About usExtraordinary wine and culinary tours exclusively in Italy. DiVita Tours is dedicated to producing the absolute best wine and culinary journey for its clients by the continuous discovery of hidden gems in the regions. The DiVita team is a blend of certified Italian wine experts, executive and master chefs, food connoisseurs, and business professionals with the proud mission of making you fall in love with the country of Italy. The passion of the staff shines through, in every fine detail.

Websitehttp://www.divitatours.com

HeadquartersSan Diego , CA

Year Founded2018

Company TypePrivately Held

Size11-50 employees

SpecialtiesWine, Culinary, Tuscany, Sicily, Campania, Foodie, Veneto,Piemonte, Italy, Import, Export, Villas, Gourmet, Luxury,Connoisseur, Fine Dining, Italian Culture, Wineries,Vineyards, Michelin Star, Tours, Tourism, Tour packages

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Exhibit 4

https://www.linkedin.com/redir/redirect?url=http%3A%2F%2Fwww%2Edivitatours%2Ecom&urlhash=QNla&trk=about_website

https://www.linkedin.com/company/divitatours?trk=recent-update_see-all#updates

https://www.linkedin.com/company/divitatours?trk=recent-update_content#updates

https://www.linkedin.com/in/annaamoresano?trk=org-employees_mini-profile_title

https://www.linkedin.com/in/annaamoresano?trk=org-employees_mini-profile_cta

https://www.linkedin.com/in/angelo-distefano-091b2863?trk=org-employees_mini-profile_title

https://www.linkedin.com/in/angelo-distefano-091b2863?trk=org-employees_mini-profile_cta

https://www.linkedin.com/in/jacob-crosiar-16339b181?trk=org-employees_mini-profile_cta

https://www.linkedin.com/company/essential-italy?trk=similar-companies_org_title

https://www.linkedin.com/company/newcomglobal?trk=similar-companies_org_title

https://www.linkedin.com/company/tag-global-systems?trk=similar-companies_org_title

https://www.linkedin.com/company/veneta?trk=similar-companies_org_title

https://www.linkedin.com/company/ilmecenate?trk=similar-companies_org_title

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DiVita Tours13 followers

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Jacob CrosiarOperations Manager View profile

Niccolò MazziFounder and CEO View profile

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DiVita Tours2mo

@edmondpower Wine Lovers Unite! #wine #tours #winetasting #winelovers1 Like

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DiVita Tours2mo

DiVita Tours to announce the 2020 Signature Tour Schedule in Q3 2019. #tours #italianwine #campania #italianfood #travelinspiration #sicily #tuscany https://lnkd.in/eS9pz7J

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DiVita Tours2mo

https://lnkd.in/etvqbc6 #travelinspiration #traveltechnology #tours Very interesting white paper available for download regarding recent trends in the travel industry.1 Like

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