RYAN DEC. ISO OPP. TO BULOVA’S 56(A) MOTION

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ROBERT L. MEZZETTI II (SBN 114282) 

Rob@mezzettilaw.com

MAUREEN PETTIBONE RYAN (SBN 245438) 

Maureen@mezzettilaw.com

CHRISTOPHER R. MEZZETTI (SBN 282287) 

Chris@mezzettilaw.com

MEZZETTI LAW FIRM, INC.

31 East Julian Street

San Jose, California 95112 

Telephone (408) 279-8400 

Facsimile (408) 279-8448 

 

Attorneys for Plaintiff

Colonel David Randolph Scott (Ret.) 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

COLONEL DAVID RANDOLPH SCOTT,

 Plaintiff,

v.

CITIZEN WATCH COMPANY OF 

AMERICA, INC., a California Corporation 

(successor to BULOVA CORPORATION, a 

New York corporation); STERLING 

JEWELERS, INC. dba KAY JEWELERS, a 

Delaware corporation; and DOES 1 through 

99, inclusive,

 Defendants.

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Case Number: 17-CV-00436-NC

DECLARATION OF MAUREEN 

PETTIBONE RYAN IN SUPPORT OF 

PLAINTIFF’S OPPOSITION TO BULOVA’S

MOTION FOR SUMMARY JUDGMENT 

PURSUANT TO FED. R. CIV. P. 56(a)

Date: February 7, 2017 

Time: 1:00 p.m.

Courtroom: 7

Judge: Hon. Nathanael Cousins

Complaint Filed: January 27, 2017

 REDACTED

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RYAN DEC. ISO OPP. TO BULOVA’S 56(A) MOTION

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Declaration of Maureen Pettibone Ryan

I, Maureen Pettibone Ryan, declare:

1. I am an attorney licensed to practice law in the State of California, and admitted before 

the United States District Court, Northern District of California. I am an associate of Mezzetti Law 

Firm, Inc., which is counsel of record for plaintiff Colonel David Randolph Scott. 

2. I have personal knowledge of the matters set forth in this Declaration, and if called as a 

witness I would competently testify to their truthfulness. 

 

 

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RYAN DEC. ISO OPP. TO BULOVA’S 56(A) MOTION

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9. Identity. Bulova used Col. Scott’s identity, as Mission Commander of Apollo 15, in the 

following documents, which are examples of Bulova’s use of his identity, and are not exhaustive: 

a. Bulova referred to Col. Scott as the mission commander of Apollo 15 in copy listing 

the Bulova “replica” for sale on its website and on third-party retailers’ websites. 

Attached hereto as Exhibit M is a true and correct copy of Bulova’s website 

advertising the Bulova “replica” for sale as of March 24, 2016. Attached hereto as 

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RYAN DEC. ISO OPP. TO BULOVA’S 56(A) MOTION

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Exhibit N is a true and correct copy of the American Jewelry Company website 

advertising the Bulova “replica” for sale as of December 27, 2017. 

 

d. Bulova referred to Col. Scott as the mission commander in a version of the booklet it 

included with the Bulova “replica,” and it also encouraged its downstream retailers to 

display that booklet to sell the watch. Bulova also referred to Col. Scott in the 

original booklet as “the seventh man to walk on the moon and the first to drive the 

Lunar Rover,” and quoted him, saying “Time is of the Essence.” Attached hereto as 

Exhibit T is a true and correct copy of the booklet included as Physical Exhibit 2 to 

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the declaration of Chris Napolitano. 

11. Likeness. Bulova used Col. Scott’s photograph in the following documents, which are 

examples of Bulova’s use of his photograph, and are not exhaustive: 

a. Bulova currently is using Col. Scott’s photograph on its website. This photo is large, 

and takes up half of the screen when the photo is displayed through the Google 

Chrome browser. It appears as 5 inches by 5 inches on my computer screen, without 

any resizing. Attached hereto as Exhibit X is a true and correct copy of the photo of 

Col. Scott on the Bulova website as of December 27, 2017. 

b. Col. Scott’s likeness also appears on page 8 of Exhibit T, the booklet. 

C. Bulova’s False and Misleading Advertising 

12. Bulova has, through its marketing, sought to create the appearance of a partnership 

between Col. Scott and Bulova. This is a form of false advertising and false endorsement. Specifically, 

as shown in Exhibit M, Bulova used the following language as of March 24, 2016: “After Apollo 15’s 

mission commander made lunar history – while wearing his personal Bulova chronograph – we’re

making history again.” (emphasis added). 

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D. Bulova’s Other Misconduct

14. Bulova also used NASA Imagery on other forms of marketing, including imagery that 

made reference to Col. Scott. Bulova currently has displayed the Apollo 15 mission patch, with Col. 

Scott’s name partially obscured, on the Bulova.com website as part of the “interactive archive.” 

Attached hereto as Exhibit Y is a true and correct copy of Bulova’s “interactive archive” on 

Bulova.com as of December 27, 2017. The NASA patch can be seen in the upper right-hand corner of 

page 1, and the Apollo 15 Mission Patch with Col. Scott’s name partly covered is in the middle of the 

left-hand side of page 2. 

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21. After Col. Scott’s cease and desist letter, Bulova ceased referring to Col. Scott by name 

or as mission commander of Apollo 15 on its website. Currently, Bulova’s website does not make 

reference of Col. Scott by either his name or title. See https://www.bulova.com/collections/specialedition-watches. 

H. Bulova’s Conduct Causes Confusion 

22. Because Bulova repeatedly referred to Col. Scott by name and as Mission Commander of 

Apollo 15, consumers have been confused. In the interests of space, a few examples will be included, in 

the form of reviews on the Bulova website that make reference to Col. Scott by name. Attached hereto 

as Exhibit HH is a true and correct copy of reviews found on third party websites (JC Penney and 

Macys) sourced from Bulova.com that make reference to Col. Scott. This exhibit is a compilation of 

excerpts, for brevity’s sake. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on December 28, 2017 at San Jose, California 

 /s/Maureen Pettibone Ryan 

 Maureen Pettibone Ryan

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EXHIBITS A-L

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Pursuant to the protective order, Exhibits A-L have been 

provisionally filed under seal.

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EXHIBITS O-S

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Pursuant to the protective order, Exhibits O-S have been 

provisionally filed under seal.

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EXHIBITS U-W

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Pursuant to the protective order, Exhibits U-W have been 

provisionally filed under seal.

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EXHIBITS Z-GG

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Pursuant to the protective order, Exhibits Z-GG have been 

provisionally filed under seal.

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