Republic of the Philippines

Department of Trade and Industry

INTELLECTUAL PROPERTY OFFICE
Bureau of Legal Affairs

SPORTS UNLIMITED INC.,

Petitioner,
IPC No. 525600
-vs- For: Cancellation of
Trademark Registration

JOHNNY DELA CROSS, doing business

under the name and style SUPER
PUTTER ENTERPRISES,
Respondent.
xx--------------------------------------------xx

JUDICIAL AFFIDAVIT OF JUDE LENNON MOORE

The testimony of Ms. Jude Lennon Moore1 was taken before Atty.
Lesly Rodiel Bries2 at 60-C Masaya St., West Triangle Homes, Quezon
City.

OFFER OF TESTIMONY

Plaintiff Sports Unlimited Inc.3 respectfully offers the testimony of

Ms. Jude Lennon Moore to prove:

1. Her personal and official circumstances as vice president

and a founding partner of Advertorialist Inc4., as well as her
duties and responsibilities as such;

2. The scope, extent and reach of the promotional and

advertising efforts done by Advertorialist for trademark
Fastball; and

3. The popularity of Fastball products all over the world.

1
Ms. Moore.
2
Atty. Bries.
3
SUI, or plaintiff.
4
AI.
 TESTIMONY ON DIRECT EXAMINATION

I, Jude Lennon Moore, American, of legal age, and residing at 378,

Viridian Tower, 7th Avenue, New York, USA, in answer to the questions
of Atty. Bries, on oath, state:

Q1: What is your occupation?

A1: I am the Vice President of Advertorialist, Inc.

Q2: What are your duties and responsibilities as the Vice President of
AI?
A2: As the Vice President, I am second in command in our advertising
agency, in terms of our agencys organizational structure. I assist
the president in making executive decisions, and Im responsible
as well for overseeing administrative functions in the agency.
Most of my work involves delegating client accounts to our
employees, as well as coordinating with them to create
advertising campaigns. I also receive the basic analytics reports
that show us when our clients sales dip or increase at points in
time, so we can gauge the effectivity of particular campaigns.

Q3: What is the business of AI?

A3: Advertorialist is an agency engaged in the business of advertising
and promotions of a clients products.

Q4: Where are the advertisements of AI distributed?

A4: The ads are distributed all over the worldwe started out in print
in America, but because of our start in digital advertising in 2003,
our ad campaigns have visibility everywhere.
Q5: Do you know plaintiff Sports Unlimited Inc.?
A5: Yes.

Q6: What do you know about SUI?

A6: It is a corporation engaged in the production and sale of sports
equipment and paraphernalia bearing the mark Fastball.

Q7: Why do you know of SUI?

A7: SUI approached Advertorialist for the advertisement of Fastball
products, around 1983.

Q8: What was the response of AI?

A8: We agreed to provide advertising and promotional services.

Q9: When did you start to advertise Fastball products?

A9: Again, around 1983.

Q10: How did you first advertise the trademark Fastball?

A10: We first devised an ad campaign in 1983 featuring Fastball with
a tagline called Work Hard, Play Fast. Several athletes and
celebrities, as well as some models, were photographed wearing
Fastball products such as its baseball caps, and these photo ads
were featured in magazines such as Sports Illustrated and
Readers Digest. We also contract with different celebrities to
endorse the products that we advertise.

Q11: Can you name advertising campaigns which you have done for SIU
featuring Fastball over the years as a client?
A11: We continued print ads in magazines featuring the same tagline
and the products, still using celebrities, models and athletes in the
photographs. In 2003, as we expanded into digital media such as
sponsored ads on websites, we were able to use similar kinds of
ads, but instead of print, we had them online. We currently have
several digital influencers modeling the Fastball products and
featuring the products in their social media posts.

Q12: Can you name some of the celebrities and athletes who have
endorsed Fastball as part of these Advertorialist campaigns?
A12: In the past, Roger Clemens and Dale Murphy were well-known
baseball players who were part of our campaigns and were featured
on the cover of Sports Illustrated wearing Fastball products. More
recently, Madison Bumgarner, another well-known baseball player,
has been featured on Sports Illustrated with Fastball products.
Selena Gomez has also been featured as a Fastball endorser in an
advertising campaign since 2013, and has appeared in magazines
and on the covers of Harpers Bazaar and Cosmopolitan wearing
Fastball products.

Q13: Can you recall when Dale Murphy was featured in this said Sports
Illustrated cover campaign?
A13: Yes, this was the July 1983 issue.

Q14: If shown a copy of the Sports Illustrated cover of July 1983, would
you be able to identify it?
A14: Yes.

Q15: I am showing you a copy of the magazine cover of Sports Illustrated

for July 19835. Is this the same cover you were referring to?
A15: Yes.

Q16: Do you confirm that this is an authentic and complete printout of

the magazine cover?
A16: Yes. That was downloaded and printed from our agency webpage.
The printout was made from the official digital reproduction of
the original document, which is part of our agency archives.

5
Attached and Marked as Exh. A
Q17: You mentioned that Roger Clemens appeared as a magazine cover
of Sports Illustrated as well. When was this?
A17: He appeared on the May 1991 cover.

Q18: If shown a copy of the Sports Illustrated cover of May 1991, would
you be able to identify it?
A18: Yes.

Q19: I am showing you a copy of the magazine cover of Sports Illustrated

for May 19916. Is this the same cover you were referring to?
A19: Yes.

Q20: Do you confirm that this is an authentic and complete printout of

the magazine cover?
A20: Yes. That was downloaded and printed from our agency webpage.
The printout was made from the official digital reproduction of
the original document, which is part of our agency archives.

Q21: You mentioned that AI contracted with celebrities to advertise

Fastball products. Who are these celebrities?
A21: We got Selena Gomez and Khloe Khardashian as celebrity
endorsers for Fastball products, particularly the apparel.
Q22: You mentioned that Selena Gomez was part of a Fastball ad
campaign. When did she appear in Harpers Bazaar?
A22: She appeared in the April 2013 cover.

Q23: If shown a copy of the Harpers Bazaar cover of April 2013, would
you be able to identify it?
A23: Yes.

Q24: I am showing you a copy of the magazine cover of Harpers Bazaar

in April 20137. Is this the same cover you were referring to?
A24: Yes.

Q25: Do you confirm that this is an authentic and complete printout of

the magazine cover?
A25: Yes. That was downloaded and printed from our agency webpage.
The printout was made from the official digital reproduction of
the original document, which is part of our agency archives.

Q26: How did Selena Gomez advertise Fastball products?

A26: Aside from wearing a Fastball baseball-stripes inspired top that
was part of the 2013 casualwear line on the Harpers Bazaar
magazine cover of April 2013, she wore Fastball products which
were featured in her posts on her Instagram account, which has
over 118 million officially registered followers. She also wore
Fastball apparel at her concerts, as evidenced by the pictures

6
Attached and Marked as Exh. B
7
Attached and Marked as Exh. C
 which our agency photographers took or arranged prior to her
posting online on her Instagram account.

Q27: If shown a photo of Selena Gomez wearing a Fastball shirt in her

Revival tour in North America in 2016, would you be able to identify
it?
A27: Yes.

Q28: I am showing to you the photo of Selena Gomez at her Revival tour8.
Is this the same picture you are referring to?
A28: Yes.

Q29: Do you confirm that this picture accurately shows Selena Gomez at
her Revival tour in 2016?
A29: Yes. I was there to personally supervise the shoot of photographs
for her social media campaign in August 2016, which is when this
photograph was taken and also when she posted it on Instagram,
gaining almost 4.3 million likes. I am familiar with Selena Gomez
and the Fastball shirt that we, AI, sent to her to wear during the
tour. We also have this photo on our agency website to show the
kinds of ad campaigns we create, and it is part of our agency
archives.

Q30: I have no further questions at this time. Do you wish to add anything
more to your testimony?
A30: I have nothing more to add at this time.

8
Attached and Marked as Exh. D
 WITNESS ATTESTATION

I attest to the truth of the foregoing narration of facts by affixing

my signature below. I answered the above questions with full
awareness that I was under oath at the time the questions were
propounded to me and that I may face criminal liability for false
testimony or perjury for any false statement in this Judicial Affidavit. I
hereby confirm that the foregoing affidavit accurately sets forth or
captures the examination on. I warrant that the documents attached to
this Judicial Affidavit are faithful reproductions of their original
counterparts.

Quezon City,.

JUDE LENNON MOORE

Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of

November 2016, by affiant, whose identity I have confirmed through
her Passport No. NB3456938, issued in DFA, Manila and expiring on
June 22, 2018, bearing the affiants photograph and signature.

ALEXANDER MALVAR
Notary Public
Notary Public for Quezon
City Until December 31, 2017
80 Maginhawa St., Teachers Village,
Quezon City
IBP Lifetime Roll No. 123456;
01/01/01 PTR No. 091788; 01/01/01
MCLE Compliance No.
9111111; 01/01/15

Doc. No. _________

Page No. ________
Book No. _______
Series of 2017.
 EXAMINING LAWYERS ATTESTATION
I, LESLY RODIEL BRIES, of legal age, with address at 60-Masaya Street,
West Triangle Homes, Quezon City, on oath, say:
1. I am an Associate Attorney at Law firm, counsel of record for plaintiff.
2. I conducted and supervised the examination of Ms. Jude Lennon
Moore in this Judicial Affidavit and I faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers she gave.
3. Neither I nor any other person then present or assisting me coached
the witness regarding the latters answers.
4. I am aware that a false attestation shall subject me to disciplinary
action, including disbarment.

IN WITNESS WHEREOF, I have hereunto set my hand this day of 2017 at Quezon
City.

ATTY. LESLY RODIEL BRIES

Affiant

SUBSCRIBED AND SWORN to me, a notary public in and for Quezon City, this day of
2017. Affiant personally came and appeared with Passport issued by the
Department of Foreign Affairs on at DFA MANILA, bearing her photograph and
signature, known to me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the whole truth of the
contents of said instrument.

ALEXANDER MALVAR
Notary Public
Notary Public for Quezon City
Until December 31, 2017
80 Maginhawa Street, Teachers Village, Quezon
City
IBP Lifetime Roll No. 123456; 01/01/01
PTR No. 091788; 01/01/01
MCLE Compliance No. 9111111; 01/01/15

Doc. No. ___

Page No. ___
Book No. ___
Series of 2017.
Copy Furnished:

Law Offices
Counsel for Respondent Johnny dela Cross
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D