Indeed, pursuant to 15 U.S.C. § 1051, applicants are required to file a verification, swearing that the application is “the owner of the marks sought to be registered.” 15 U.S.C. §1051(a)(3). Plaintiff filed these verifications – specifically acknowledging in each that “willful false statements and the like so made are punishable by fine or imprisonment, or both” and “may jeopardize the validity of the application or any resulting registration.”

See Traeger Grills East, LLC v. Traeger Pellet Grills, LLC, No. 3:11-CV-536, 2011 WL 5439330, at *5 (D. Or. Nov. 9, 2011) (“Defendant’s trademark infringement counterclaim may proceed in state court pursuant to concurrent jurisdiction because remedies under the Lanham Act are not limited exclusively to federal courts.”); RBC Nice Bearings, Inc. v. SKF USA, Inc., No. 3:06-CV-1880, 2011 WL 754889, at *3 (D. Conn. Feb. 24, 2011) (“Counts Two and Three are trademark claims pursuant to the Lanham Act, 15 U.S.C. § 1051, et seq., which also could have been brought in state court.”); In re B-727 Aircraft Serial No. 21010, 272 F.2d 264, 270 (5th Cir. 2001) (“[T]he Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., does not provide a federal court with an independent basis for exercising subject-matter jurisdiction.”)

Correspondence Information: Raj Abhyanker Raj Abhyanker, P.C Suite 8 1580 W. El Camino Real Mountain View, California 94040 Case: 1:13-cv-07165 Document #: 32 Filed: 01/05/15 Page 129 of 190 PageID #:517 650-965-8731(phone) 650-989-2131(fax) trademarks@rajpatent.com (authorized) A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es). Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true. Signature: /Raj Abhyanker/ Date Signed: 03/16/2011 Signatory's Name: Raj Abhyanker Signatory's Position: Attorney of record, CA bar member RAM Sale Number: 4498 RAM Accounting Date: 03/16/2011 Serial Number: 85267696 Internet Transmission Date: Tue Mar 15 17:23:25 EDT 2011 TEAS Stamp: USPTO/BAS-115.252.151.6-2011031517232552 4235-85267696-4809a3a166acd2be03dc688b96 fc0e4fb3c-CC-4498-20110315171131700350 Case: 1:13-cv-

An intent to use application will not be allowed to register until the applicant has made and demonstrated use of the applied for mark in commerce. See 15 U.S.C. 1051(c),(d). Plaintiffs have not alleged or shown any such use of these intent to use applications.

Both before and since the closing of its acquisition of Romrock’s assets, QC Spirits has been preparing to sell BLU FROG vodka to customers in the United States and elsewhere. Shortly prior to QC Spirits’ acquisition of Romrock’s assets, on July 12, 2016 QC Spirits’ sister company QCIL International, Inc. (“QCIL”), a company organized in the State of Washington which like QC Spirits is a subsidiary of their Canadian parent company Quality Craft Ltd. (“QC Ltd.”), applied to the USPTO, on an intent to use basis under Section 1(b) of the Lanham Act, 15 U.S.C. § 1051(b), to register the trademark BLU FROG for vodka in International Class 33 (Devost Decl., ¶ 5 and Exhibit B thereto). That application was approved for publication by the USPTO on November 23, 2016 (Id., Exhibit C); and after having been published without opposition, on February 7, 2017 the USPTO issued a Notice of Allowance for registration of the mark.

A fee payment in the amount of $325 will be submitted with the application, representing payment for 1 class(es). Case 8:12-cv-01897-MSS-TGW Document 17 Filed 11/21/12 Page 15 of 18 PageID 348 Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true. Signature: /Olivier Chalouhi/ Date: 06/07/2005 Signatory's Name: Olivier Chalouhi Signatory's Position: Duly authorized manager Mailing Address: Alon Rohter 2728 Humboldt Ave S Apt 24 Minneapolis, Minnesota 55408 RAM Sale Number: 871 RAM Accounting Date: 06/07/2005 Serial Number: 78644889 Internet Transmission Date: Tue Jun 07 06:50:54 EDT 2005 TEAS Stamp: USPTO/BAS-84535129-20050607065054470001- 786448

Specifically, the applicant must file an “Amendment to Allege Use” or a “Statement of Use,” confirming that the trademark is in use on all of the goods listed in the registration. See 15 U.S.C. §§ 1051(c), 1051(d). An intent-to-use application can be filed even where the applicant has already used the mark in commerce on some or all of the goods listed in the application.

Politicians and their supporters are increasingly using Internet video sites like YouTube and social network providers like Twitter to raise funds, disseminate information, campaign and promote political causes and candidacies. As made clear in the moving papers, and not challenged by Amici in their response, the PTO recognizes that the use of a mark like Ron Paul in connection with such activities constitutes a "use in commerce" within the meaning of 15 U.S.C. § 1051. The value of allowing and protecting such registration has long been recognized.

A written application must specify the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. 15 U.S.C. §§1051(a)(2) and 1051(b)(2); 37 C.F.R. 2.32(a)(6).

9.)1 That the two claims under 17 U.S.C. § 101 et seq. and 15 U.S.C. § 1051 et seq. can coexist is confirmed by the Copyright Act itself, which provides: “Nothing in this title annuls or limits any rights or remedies under any other Federal statute.” 17 U.S.C. § 301(d); see also Butler v. Target, 323 F. Supp. 2d at 1058 (“[T]he federal Copyright Act does not preempt the federal Lanham Act, or vice versa.”)