Austin Convention and Visitors Bureau v. Hayden et al, txwdc:1:2023cv00261

Promoting of conventions and tourism in Austin, Texas; retail store services, featuring clothing, toys, foods, home accessories, music and video recordings via a physical storefront and a global computer network;

Apparatus for the transmission and reproduction of sound and images; blank magnetic data carriers; Prerecorded magnetic data carriers featuring music; Digital recording media, namely, prerecorded compact discs featuring music; audio headsets for use with speakers, amplifiers, computers, telephones, DVD players, CD players, MP3 players, record players, televisions, computer monitors, and watches; earbuds, audio speakers, external battery charger, namely, portable battery charger; electronic equipment bags and cases, namely, cases specifically adapted for holding or carrying portable audio headsets, computers, telephones, DVD players, CD players, MP3 players, and related equipment for portable audio headsets, computers, telephones, DVD players, CD players, and MP3 players;

pins, namely, pins being promotional jewelry;

Musical instruments and equipment, namely, guitars and guitar picks;

Printed matter, namely, visitor information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, city information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, entertainment information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, convention attendee information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, local attraction information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, local history information brochures in the field of Austin and Texas history; Printed matter, namely, day planning information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, restaurant information brochures in the field of Austin, Texas area restaurants, food, beverages, bars, and night clubs; Printed matter, namely, transportation information brochures in the field of air travel, rental cars, limousines, buses, taxis, ride-hailing, scooters, bikes, and pedicabs, maps; printed instructional and teaching materials in the field of convention services; promotional stickers and push pins; Printed guides, namely, visitor guides, city guides, entertainment guides, convention attendee guides, local attraction guides, local history guides, day planning guides, restaurant guides, convention guides, transportation guides, all addressing upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; business cards, notepads;

Luggage; Carrying bags, namely, tote bags, canvas shopping bags, and carry-on bags;

Drink carrier, namely, drinking cups, beverage glassware, coffee mugs; tumblers for use as drinking glasses, namely, wine tumbler, water tumbler; insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; bottle openers; lint roller;

Blanket throws;

clothing, namely, shirts, polo shirts, vests, long sleeve sweaters and socks;

buttons; ornamental novelty pins;

Food, namely, fruit-based snack food; Chopped nuts;

candy; candy mints;

Agricultural, horticultural and forestry products, namely, seeds for horticultural purposes;

Advertising, marketing and promotion services, namely, providing marketing consulting in the field of social media advertising; Advertising, promotion and marketing services in the nature of e-mail blast campaigns for others; Providing television advertising for others; Out-of-home advertising services, namely, rental of advertising space, and preparing and placing advertisements for others; Radio advertising; Distribution of advertising materials in the nature of printed material; digital advertising services; advertising agencies specializing in experiential marketing programs; Convention and visitors bureau services, namely, promoting business, tourism and the holding of conventions in the Austin, Texas area; promoting sports events of others and sports venues of others; promoting sports events of others; Convention and visitors bureau services, namely, promoting the holding of conventions in the Austin, Texas area; Market analysis and research services; Promoting public interest and awareness of business, cultural, social, historical, governmental, economic, and entertainment opportunities and benefits in and around the Austin, Texas area; Promoting recreation and tourism in the Austin, Texas area; Providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; Providing consumer information and related news in the field of goods and services manufactured in, made in, offered in, or otherwise associated with Austin, Texas; Providing information and news in the field of business; Providing an on-line searchable database featuring business information and business contacts; Special event planning for commercial, promotional or advertising purposes; Promoting a series of films of others; Promoting the concerts of others; Advertising, marketing and promotion services; Advertising, marketing and promotion services in the field of entertainment; Online advertising and promotional services, namely, providing marketing and promotion of special events; retail store services, featuring electronic gift cards and merchandise, namely, snacks, water, novelty items, and souvenirs;

Educational services, namely, conducting programs in the field of art, culture, current events and history, educational institutions, and historical places; Educational services, namely, providing displays and exhibits in the field of art, culture, current events and history; Entertainment and educational services, namely, providing a website featuring virtual tours of the Austin, Texas area, historical sites, convention venues, hotels, sporting venues, governmental buildings, educational institutions, museums, zoos, conservatories, waterways, roadways, highways, nature preserve, caverns, farms, resorts, hotels, motels; Providing a website featuring entertainment information in the fields of music, movies, sports, art; Providing an Internet website portal featuring entertainment news and information specifically in the field of music, movies, sports, art;

Providing information and advice on hotels and restaurants to tourists and business travelers;

Apparatus for the transmission and reproduction of sound and images; blank magnetic data carriers; Prerecorded magnetic data carriers featuring music; Digital recording media, namely, prerecorded compact discs featuring music; audio headsets for use with speakers, amplifiers, computers, telephones, DVD players, CD players, MP3 players, record players, televisions, computer monitors, and watches; earbuds, audio speakers, external battery charger, namely, portable battery charger; electronic equipment bags and cases, namely, cases specifically adapted for holding or carrying portable audio headsets, computers, telephones, DVD players, CD players, MP3 players, and related equipment for portable audio headsets, computers, telephones, DVD players, CD players, and MP3 players;

pins, namely, pins being promotional jewelry;

Musical instruments and equipment, namely, guitars and guitar picks;

Printed matter, namely, visitor information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, city information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, entertainment information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, convention attendee information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, local attraction information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, local history information brochures in the field of Austin and Texas history; Printed matter, namely, day planning information brochures in the field of upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; Printed matter, namely, restaurant information brochures in the field of Austin, Texas area restaurants, food, beverages, bars, and night clubs; Printed matter, namely, transportation information brochures in the field of air travel, rental cars, limousines, buses, taxis, ride-hailing, scooters, bikes, and pedicabs, maps; printed instructional and teaching materials in the field of convention services; promotional stickers and push pins; Printed guides, namely, visitor guides, city guides, entertainment guides, convention attendee guides, local attraction guides, local history guides, day planning guides, restaurant guides, convention guides, transportation guides, all addressing upcoming events, attractions, African American Culture, Hispanic Culture, LGBTQ culture, Asian Culture, Austin Texas history, music, theatrical performances, art, filming, festivals, nature, culture, parks, water sports, Austin and Texas history, conventions, trade shows, hotels, food, beverages, bars, night clubs, restaurants, concerts, businesses, governmental agencies, colleges, universities, schools, shopping, transportation, event venues, museums, libraries, Breweries, Wineries, jogging trails, hiking trails, climbing, swimming venues; business cards, notepads;

Luggage; Carrying bags, namely, tote bags, canvas shopping bags, and carry-on bags;

Drink carrier, namely, drinking cups, beverage glassware, coffee mugs; tumblers for use as drinking glasses, namely, wine tumbler, water tumbler; insulating sleeve holder for bottles; Insulating sleeve holders for beverage cans; bottle openers; lint roller;

Blanket throws;

clothing, namely, shirts, polo shirts, vests, long sleeve sweaters and socks;

buttons; ornamental novelty pins;

Food, namely, fruit-based snack food; Chopped nuts;

candy; candy mints;

Agricultural, horticultural and forestry products, namely, seeds for horticultural purposes;

Advertising, marketing and promotion services, namely, providing marketing consulting in the field of social media advertising; Advertising, promotion and marketing services in the nature of e-mail blast campaigns for others; Providing television advertising for others; Out-of-home advertising services, namely, rental of advertising space, and preparing and placing advertisements for others; Radio advertising; Distribution of advertising materials in the nature of printed material; digital advertising services; advertising agencies specializing in experiential marketing programs; Convention and visitors bureau services, namely, promoting business, tourism and the holding of conventions in the Austin, Texas area; promoting sports events of others and sports venues of others; promoting sports events of others; Convention and visitors bureau services, namely, promoting the holding of conventions in the Austin, Texas area; Market analysis and research services; Promoting public interest and awareness of business, cultural, social, historical, governmental, economic, and entertainment opportunities and benefits in and around the Austin, Texas area; Promoting recreation and tourism in the Austin, Texas area; Providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; Providing consumer information and related news in the field of goods and services manufactured in, made in, offered in, or otherwise associated with Austin, Texas; Providing information and news in the field of business; Providing an on-line searchable database featuring business information and business contacts; Special event planning for commercial, promotional or advertising purposes; Promoting a series of films of others; Promoting the concerts of others; Advertising, marketing and promotion services; Advertising, marketing and promotion services in the field of entertainment; Online advertising and promotional services, namely, providing marketing and promotion of special events; retail store services, featuring electronic gift cards and merchandise, namely, snacks, water, novelty items, and souvenirs;

Providing information, news and commentary in the field of travel; Providing an on-line searchable computer database featuring information on travel; Travel guide and travel information services;

Educational services, namely, conducting programs in the field of art, culture, current events and history, educational institutions, and historical places; Educational services, namely, providing displays and exhibits in the field of art, culture, current events and history; Entertainment and educational services, namely, providing a website featuring virtual tours of the Austin, Texas area, historical sites, convention venues, hotels, sporting venues, governmental buildings, educational institutions, museums, zoos, conservatories, waterways, roadways, highways, nature preserve, caverns, farms, resorts, hotels, motels; Providing a website featuring entertainment information in the fields of music, movies, sports, art; Providing an Internet website portal featuring entertainment news and information specifically in the field of music, movies, sports, art;

Providing information and advice on hotels and restaurants to tourists and business travelers;

Promoting of conventions and tourism in Austin, Texas; Rental of advertising space, and preparing and placing advertisements for others; Distribution of advertising materials in the nature of printed material; Digital advertising services; Advertising agencies specializing in experiential marketing programs; Convention and visitors bureau services, namely, promoting business, tourism and the holding of conventions in the Austin, Texas area; Promoting sports events of others and sports venues of others; Promoting sports events of others; Convention and visitors bureau services, namely, promoting the holding of conventions in the Austin, Texas area; Market analysis and research services; Promoting public interest and awareness of business, cultural, social, historical, governmental, economic, and entertainment opportunities and benefits in and around the Austin, Texas area; Promoting recreation and tourism in the Austin, Texas area; Providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; Providing consumer information and related news in the field of goods and services manufactured in, made in, offered in, or otherwise associated with Austin, Texas; Providing information and news in the field of business; Providing an on-line searchable database featuring business information and business contacts; Special event planning for commercial, promotional or advertising purposes; Promoting a series of films of others; Promoting the concerts of others; Advertising, marketing and promotion services; Advertising, marketing and promotion services in the field of entertainment; Online advertising and promotional services, namely, providing marketing and promotion of special events; Advertising, marketing and promotional services related to a broad range of industries for the purpose of facilitating networking and socializing opportunities for business purposes; Promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations;

Providing information, news and commentary in the field of travel; Providing an on-line searchable computer database featuring information on travel; Travel guide and travel information services;

Providing information and advice on hotels and restaurants to tourists and business travelers;

Promoting of conventions and tourism in Austin, Texas; Rental of advertising space, and preparing and placing advertisements for others; Distribution of advertising materials in the nature of printed material; Digital advertising services; Advertising agencies specializing in experiential marketing programs; Convention and visitors bureau services, namely, promoting business, tourism and the holding of conventions in the Austin, Texas area; Promoting sports events of others and sports venues of others; Promoting sports events of others; Convention and visitors bureau services, namely, promoting the holding of conventions in the Austin, Texas area; Market analysis and research services; Promoting public interest and awareness of business, cultural, social, historical, governmental, economic, and entertainment opportunities and benefits in and around the Austin, Texas area; Promoting recreation and tourism in the Austin, Texas area; Providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; Providing consumer information and related news in the field of goods and services manufactured in, made in, offered in, or otherwise associated with Austin, Texas; Providing information and news in the field of business; Providing an on-line searchable database featuring business information and business contacts; Special event planning for commercial, promotional or advertising purposes; Promoting a series of films of others; Promoting the concerts of others; Advertising, marketing and promotion services; Advertising, marketing and promotion services in the field of entertainment; Online advertising and promotional services, namely, providing marketing and promotion of special events; Advertising, marketing and promotional services related to a broad range of industries for the purpose of facilitating networking and socializing opportunities for business purposes; Promoting, advertising and marketing of the brands, products, services and online websites of individuals, businesses and nonprofit organizations;

Providing information, news and commentary in the field of travel; Providing an on-line searchable computer database featuring information on travel; Travel guide and travel information services;

Providing information and advice on hotels and restaurants to tourists and business travelers;