Response to Office Action

Application Ser. No. 77783007

Mark: PWNED

The instant Application is for registration of the mark “PWNED” for on-line
social networking services.

The Trademark Examining Attorney refused registration in view of Application
Serial No. 77598417. Because, subsequent to the issuance of the Office Action relating
to the instant Application, Application Serial No. 77598417 became abandoned (i.e., on
December 15, 2009, this basis for refusal no longer exists.

The Trademark Examining Attorney also refused registration in view of United
States Registration No. 3625654 for the mark “OWNED!” for providing temporary use of
on-line non-downloadable software for use in creating parts of user profiles in the field of
social networking websites.

The Trademark Examining Attorney has pointed out that in a likelihood of
confusion determination, the marks are compared for similarities in their appearance,
sound, meaning or connotation and commercial impression.

It is respectfully submitted that the marks are not meaningfully similar in any of
these aspects.

There Is No Meaningful Similarity of Appearance:

The cited mark is OWNED!, while the Applicant’s mark is PWNED. While the
marks do have 4 letters which are the same, it is readily seen that one mark begins with
and “O” while the other with a “P.” People read English from left to right, so the very
first thing anyone sees is the first letter of each mark. So, the initial impression created
by the appearance of each mark is different from the other. The final impression made by
the registered mark is an exclamation mark (“!”). That element is completely missing
from Applicant’s mark.

In addition, there is no basis for any belief that the letters “WNED” are recognized
by anyone as indicating any one party’s mark in any field. In fact, a search (*owned*[bi]
and `RD > “18000000” and live[ld]) of US PTO records shows that there are over 100
currently registered marks including the consecutive letters “OWNED,” another search
(*owne*[bi] and `RD > “18000000” and live[ld]) shows that there are several hundred
currently registered marks including the consecutive letters “OWNE,” and another search
(*wne*[bi] and `RD > “18000000” and live[ld]) shows that there are even more currently
registered marks including the consecutive letters “WNE.”

1
Another search (*pwne*[bi] and `RD > “18000000” and live[ld]) shows that there
are NO currently registered marks including the consecutive letters “PWNE” or
“PWNED.”

A mark including a “P” instead of an “O” in front of “WNED” jumps out at any
observer. To even the most casual observer, the registered mark and Applicant’s mark
look different from each other.

There Is No Meaningful Similarity of Sound:

No matter how one goes at it, the registered mark is pronounced with an initial
vowel sound, here an “Oh” sound. The applicant’s mark is pronounced with an initial
consonant, here a “P.” See, the material cited by the Trademark Examining Attorney,
http//en.wikipedia.org/wiki/Pwn, which states, “Common pronunciations inclode ‘pone’,
‘pawn’, ‘puh-own’, and ‘pwen.”

Even the most casual person using goods or services from registrant and
Applicant would pronounce the respective marks differently from each other.

The Meaning or Connotation of PWNED
is Markedly Different from OWNED!:

The various material cited by the Trademark Examining Attorney shows much
dispute regarding the origin of the term “pwn” or its past-tense version “pwned”: from a
slang version of the chess gambit to capture an opponents piece with a lowly pawn or a
mispelling of the word “own” by a computer gamer, the material.

Regardless of its origin, “PWN has become a term in its own right.” See, the
material cited by the Trademark Examining Attorney,
http//en.wikipedia.org/wiki/Owned. In other words, the evidence shows that people do
not view the mark as merely as mispelling.

The fact is, “PWN” and “PWNED” has a special definition:

“1. very easily defeated in a computer/video game, especially in a humiliating
way”

“1a. very easily defeated”

See, http://www.macmillandictionary.com/buzzword/entries/pwned.html, attached hereto
as Exhibit A.

“In gaming, to trounce an opponent. To be “pwned” is to be defeated
unmercifully. Pronounced “pone,” “pwen,” “pawn” or “pun,” the derivation of the term is
obscure. Some believe it came from a common typo of “own” because the o and p keys
are next to each other.”

See, http://www.yourdictionary.com/computer/pwn, attached as Exhibit B.

2
See also, http://www.pcmag.com/encyclopedia_term/0,2542,t=pwn&i=56903,00.asp,
attached as Exhibit C.

See this website,
for use of “pwn” and “own”
distinctively from each other.

So, it is clear that there is no meaningful (from a trademark point of
view) similarity in appearance, sound or meaning between the two marks,
and it follows that the commercial impressions of the marks do not create a
likelhood of confusion.

In view of the foregoing, Applicant requests that the mark be
published for opposition.

Respectfully submitted,

Ira M. Siegel

3
Definition of pwned, BuzzWord from Macmillan Dictionary: Free English Dictionary Online with Thesaurus Mon4/19/10 3:18 PM

Archive

pwned also pwnd
PAST PARTICIPLE OF PWN INFORMAL

1. very easily defeated in a computer/video game, especially in a humiliating way

1a. very easily defeated

pwn
VERB [TRANSITIVE]

pwnage
NOUN [UNCOUNTABLE]

‘…if Obama had simply been willing to wait one week, the bill could have gone to committee without
Obama needing to pick a fight with the NRA. Instead, we – as Democrats – got pwned.’
DAILY KOS 26TH MAY 2009

‘For the Xbox 360, there’s the SpeakerCom 360, which enables your parents to hear all those
whining tweens brag in fantastically high tones about how they just pwned you.’
ENGADGET 2ND JUNE 2009

‘Halo screen shot art prints now available … Depending on the options you choose, prints will run
you from $17 to $120. But really, any price is worthwhile to have a permanent memento on the wall
of your friend’s pwnage.’
CRUNCHGEAR 4TH JUNE 2009

www.lumosity.com Ads by Google

If, like me, you’ve got a teenager in the house, then it’s
i t might defy conventions of
almost certain that at some time in the recent past you’ll
have heard exclamations such as ‘I totally pwned him.’ English orthography, but it’s
Or ‘I just got pwned!’ It might defy conventions of
looking surprisingly like pwned …
English orthography, but it’s looking surprisingly like
pwned, meaning ‘defeated in a computer game’, is is here to stay
here to stay.

Pwned is the past participle of the transitive verb pwn, which, in computer gaming, refers to the action of
defeating an opponent in a particularly satisfying and convincing way. As the examples show, pwned is the
most prevalent realisation of the verb, because it most often occurs in the passive as in You just got/You’ve
just been pwned! In computer gaming culture, using such expressions is a popular way to taunt and
humiliate your rival(s).
http://www.macmillandictionary.com/buzzword/entries/pwned.html Page 1 of 3
Definition of pwned, BuzzWord from Macmillan Dictionary: Free English Dictionary Online with Thesaurus Mon4/19/10 3:18 PM

humiliate your rival(s).

Though pwned is the most common form, various spelling variations exist, including pwnd, pwnt and
alphanumeric pwn3d. A related uncountable noun pwnage also exists, which is used as an exclamation
referring to the situation of ‘victory’ over an opponent (and is well-attested in my house, I can often hear the
dulcet tones of my 14-year-old uttering a satisfied ‘pwnage!’).

What’s particularly interesting about pwned in recent months is that it’s gaining currency in common
parlance, in contexts completely outside the computer gaming world. There’s plenty of evidence for the use
of pwned to mean simply ‘defeated’ in any kind of competitive context, from sport to politics (compare the
first citation above).

The verb pwn is also sometimes used with a more specific sense referring to the action of gaining
unauthorised control of a computer program or system, as illustrated in this article.

Background – pwned
More BuzzWords There are various theories about the etymology of pwned. One of
manny the more popular accounts is that it originated in the online
couch surfing computer game World of Warcraft, where a map designer misspelt
hurt locker owned (where own was intended to be used in the sense of
voluntourism ‘conquer’ or ‘dominate’). When the computer beat a player, a
eco-bling message along the lines of: X has been owned should have been
chocotherapy displayed. Instead, it said: X has been pwned. A related, and
framily perhaps more convincing theory, is that pwned derives from a
meshing simple keyboard error, p being next to o on a standard QWERTY
noughties keyboard. When players want to say owned, they regularly
read dating mistype it as pwned – so much so that the latter has become an
ecosexual accepted (and ‘cool’, so therefore even more popular) alternative
SWMBO in the gaming fraternity.
speed-dating
Partly assisted by VOIP (Voice Over Internet) technology, using
BuzzWord archive
which gamers can wear headphones to talk to each other over the
Internet, pwned has transferred from written to spoken language.
There are various possible pronunciations, the most frequent
being ‘powned’ or ‘pawned’, or, if spelling variant pwnt is used, ‘pownt’ or ‘pawnt’. This crossover into spoken
language strikes me as particularly significant, since pwned seems to be one of the first, solid examples of a
kind of ‘operational’ or accidental (i.e. keyboard-induced) word formation making it into mainstream spoken
and written usage.

by Kerry Maxwell, author of Brave New Words

This article was first published on 15th July 2009.

http://www.macmillandictionary.com/buzzword/entries/pwned.html Page 2 of 3
Definition of pwned, BuzzWord from Macmillan Dictionary: Free English Dictionary Online with Thesaurus Mon4/19/10 3:18 PM

Open Dictionary Blog
grey vote A must for anyone with an interest in the changing
face of language. The Macmillan Dictionary blog
the proportion of the electorate that’s made up of
explores English as it is spoken around the world
older people
today.
add a word
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blog
More submissions

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Word of the Day
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© Macmillan Publishers Limited 2010

http://www.macmillandictionary.com/buzzword/entries/pwned.html Page 3 of 3
pwn – Computer Dictionary Definition Mon4/19/10 3:29 PM

Dictionary Home » Computer Definitions » pwn
Acronyms
Computer Definitions

pwn – Computer Dictionary Definition
pwn computer definition
pwn

In gaming, to trounce an opponent. To be “pwned” is to be defeated unmercifully. Pronounced
“pone,” “pwen,” “pawn” or “pun,” the derivation of the term is obscure. Some believe it came
from a common typo of “own” because the o and p keys are next to each other.

Computer Desktop Encyclopedia THIS DEFINITION IS FOR PERSONAL USE ONLY
All other reproduction is strictly prohibited without permission from the publisher.
Copyright © 1981-2010 by Computer Language Company Inc. All rights reserved.

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pwn – Computer Dictionary Definition Mon4/19/10 3:29 PM

PWmL » pwn
PWML PWNA

PWMM PWNBKR

PWmP PWNDA

PWMP pwned

PWMR PWNP

PWMS PWO

PWMSCM PWOC

PWMSP PWOD

PWN PWON

© 1996-2010 LoveToKnow, Corp. All Rights Reserved. Audio pronunciation provided by LoveToKnow, Corp.

http://www.yourdictionary.com/computer/pwn Page 2 of 2
Pwn Definition from PC Magazine Encyclopedia Mon4/19/10 3:25 PM

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Definition of: pwn

In gaming, to trounce an opponent. To be “pwned” is to be defeated unmercifully. Pronounced “pone,” “pwen,” “pawn” or “pun,” the derivation of
the term is not definitely known. Some believe it came from a common typo of the word “own” when typing too quickly “I own you!” On a QWERTY
keyboard, the “o” and “p” keys are next to each other.

Search: Browse the index

Copyright © 1981- 2010 THIS COPYRIGHTED DEFINITION IS FOR PERSONAL USE ONLY.
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Pwn2Own contest 2010 is back again with $100,000 prize money | Windows LifeStyle Mon4/19/10 3:45 PM

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Pwn2Own contest 2010 is back again with $100,000 prize money
On February 25, 2010, In Uncategorized, by Nitin
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2 Share
The TippingPoint Zero Day Initiative (ZDI) announced the annual Pwn2Own 2010 tweets
contest at the CanSecWest security conference held in Vancouver, BC on March 24th
retweet
2010. As the contest name implies, if you successfully exploit a target you get to keep it
along with a ZDI cash prize and related benefits. The prize money increased to the total cash prize
amounting $100,000 USD.

This year the competition will have two main technology targets. In keeping with tradition the first portion
of the event will attempt to bring to light the current security posture of market-leading web browser and
operating system pairings. The multifaceted web browser continues to occupy a critical presence on the
client-side attack surface. As Adobe, Google, and an estimated 30 other companies affected in the Aurora
incident can attest to, the security posture of these products merits a yearly public evaluation by the research
community at large.
The second portion of Pwn2Own 2010 offers bounties for vulnerabilities affecting mobile phones. The
increased presence and capabilities of smart phones has brought with it the same security issues and
attention traditionally reserved for non hand-held platforms. Vulnerabilities in parsing media, dynamic web
content , email, and other client-side issues have been published in the past.

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Registration

Pwn2Own will be held over the course of three days starting on March 24th with the browser and the
mobile contests running concurrently. To register for the competition, send us an e-mail at
[email protected] Competitors will be assigned a random half hour time slot.

Following the Contest

This blog entry will be updated frequently and serve as the main point of information dissemination.
Additionally, you can get real-time updates and provide real-time feedback via our ZDI Twitter account
@theZDI.
Please direct all press inquiries to: Jennifer Lake

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Pwn2Own contest 2010 is back again with $100,000 prize money | Windows LifeStyle Mon4/19/10 3:45 PM

Target: Web Browsers

$40,000 of the total $100,000 cash prize pool is allotted to the web browser portion of the contest, each
target is worth $10,000. The browser targets this year will include the latest versions of Microsoft Internet
Explorer, Mozilla Firefox, Google Chrome and Apple Safari.
To highlight the efficacy of operating system level protections we have structured the ZDI bonus point
amounts to reflect the difficulty of exploitation. Once a target has been successfully compromised it will be
removed from the competition. Thus, a successful day one attack on a specific browser must overcome the
latest and greatest flagship operating system with all exploit mitigations activated in their default state.

Day 1

The target pairings for day one are:

Microsoft Internet Explorer 8 on Windows 7
Mozilla Firefox 3 on Windows 7
Google Chrome 4 on Windows 7
Apple Safari 4 on MacOS X Snow Leopard

In addition to the underlying laptop and $10,000 USD cash prize, successful competitors on day one receive
20,000 ZDI bonus points which immediately qualifies them for Silver standing. Benefits of ZDI Silver
standing include a one-time $5,000 USD cash payment, 15% monetary bonus on all ZDI submissions in
2011, 25% reward point bonus on all ZDI submissions in 2011 and paid travel and registration to attend the
DEFCON Conference in Las Vegas.

Day 2

The target pairings for day two are:

Microsoft Internet Explorer 7 on Windows Vista
Mozilla Firefox 3 on Windows Vista
Google Chrome 4 on Windows Vista
Apple Safari 4 on MacOS X Snow Leopard

In addition to the underlying laptop and $10,000 USD cash prize, successful competitors on day two receive
15,000 ZDI bonus points which immediately qualifies them for Bronze standing. Benefits of ZDI Bronze
standing include a one-time $1,000 USD cash payment and a 10% monetary bonus on all ZDI submissions
in 2011.

Day 3

The target pairings for day three are:

Microsoft Internet Explorer 7 on Windows XP
Mozilla Firefox 3 on Windows XP
Google Chrome 4 on Windows XP
Apple Safari 4 on MacOS X Snow Leopard

In addition to the underlying laptop and $10,000 USD cash prize, successful competitors on day three
receive 9,999 ZDI bonus points which puts them just one ZDI submission away from Bronze standing for
the year
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Target: Mobile Phones

$60,000 of the total $100,000 cash prize pool is allotted to the mobile phone portion of the contest, each
target is worth $15,000. A successful hack on these targets must result in code execution with little to no
user-interaction. Expect updates on the rules as the contest approaches. The current target list is as follows:

Apple iPhone 3GS
RIM Blackberry Bold 9700
A Nokia device running Symbian S60 (likely the E62)
A Motorola phone running Android (likely the Droid)

In addition to the mobile device and $15,000 USD cash prize, successful competitors will receive 20,000

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Pwn2Own contest 2010 is back again with $100,000 prize money | Windows LifeStyle Mon4/19/10 3:45 PM

ZDI bonus points which immediately qualifies them for Silver standing. Benefits of ZDI Silver standing
include a one-time $5,000 USD cash payment, 15% monetary bonus on all ZDI submissions in 2011, 25%
reward point bonus on all ZDI submissions in 2011 and paid travel and registration to attend the DEFCON
Conference in Las Vegas.

Sharing is Caring:

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1 Response » to “Pwn2Own contest 2010 is back again with $100,000 prize money”

1. Astaga.com lifestyle on the net says:
February 27, 2010 at 12:53 am

great Information

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