PJ MSJ

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.
gov
ESTTA Tracking number: ESTTA263329
Filing date: 01/28/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 91185180
Party Plaintiff
Peter H.Johnson
Correspondence Brennan C. Swain
Address Jeffer Mangels Butler & Marmaro LLP
1900 Avenue of the Stars, 7th Floor
Los Angeles, CA 90067
UNITED STATES
trademarkdocket@jmbm.com
Submission Motion for Summary Judgment
Filer's Name Jessica C. Bromall
Filer's e-mail trademarkdocket@jmbm.com
Signature /jessica c. bromall/
Date 01/28/2009
Attachments Motion for Summary Judgment.pdf ( 94 pages )(3627415 bytes )
TATUAJE CIGARS INC., Opposition No. 91/185,180

Opposer,
Application Serial No.: 77/359,141
v.
Mark: TATTOO
NICARAGUA TOBACCO IMPORTS, Published for Opposition: May 20, 2008
INC.,
Atty. Ref. No.: 68692-0003
Applicant.
Commissioner for Trademarks

P.O. Box 1451
Alexandria, VA 22313-1451
OPPOSER'S MOTION FOR SUMMARY JUDGMENT
Opposer Tatuaje Cigars, Inc. ("Opposer"), through its undersigned counsel,
hereby moves pursuant to Rule 56 of the Federal Rules of Civil Procedure and 37 C.F.R. 2.127
of the Trademark Rules of Practice of entry of summary judgment in its favor and against
applicant Nicaragua Tobacco Imports, Inc. ("Applicant").
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
Opposer is a well-established and well-respected member of the cigar industry. More
than four years ago, Opposer began building his TATUAJE brand of cigars. In that short period
of time, he has gained the respect of the industry and his TUTUAJE brand cigars have been
honored as some of the best cigars in the country.
Looking to trade on Opposer's goodwill, Applicant seeks to obtain rights to use the word
"TATTOO", which word is the English equivalent of Opposer's mark TATUAJE, as a trademark
for his own brand of cigars and cigar-related products.
5718997v1
Based on the uncontroverted facts set forth below, as a matter of law, Applicant's
proposed trademark TATTOO for cigars and cigar-related accessories is confusingly similar to
Opposer's trademark TATUAJE, also for cigars and cigar-related accessories. No genuine issue
of material fact exists with respect to this issue.
For this and all the other reasons set forth below, Opposer is entitled to judgment as a
matter of law and Applicant's application should be rejected.
II. STATEMENT OF FACTS
A. Opposer Owns the Trademark TATUAJE
Opposer Tatuaje Cigars, Inc. is in the business of selling cigars and cigar related
accessories throughout the United States. See Declaration of Peter H. Johnson, filed
concurrently herewith ("Johnson Decl.") ¶ 3. Since at least as early as May 27, 2003, Opposer
and its predecessor in interest, founder Peter H. Johnson, have used the mark TATUAJE to
identify Opposer's cigars. Id.
Opposer's TATUAJE cigars were first released in 2003. Id. Shortly after being
introduced into the market, Opposer's TATUAJE cigars garnered recognition in the cigar
community. See id. at ¶ 4 & Exh. B. After only a year, TATUAJE cigars were recognized as
one of the best cigars of the year by Cigar Aficionado magazine. Id. at ¶ 5 & Exh. C.
Committed to excellence, TATUAJE brand cigars have appeared on the top 25 list nearly every
year since 2004. See id. at ¶ 6 & Exhs. D - F.
Opposer's TATUAJE mark is also the subject of U.S. Trademark Registration
No. 2,836,665, filed on April 27, 2004. Id. at ¶ 2, Exh. A. Opposer's registration is valid and
subsisting. Id. As noted in Opposer's registration, TATUAJE is the Spanish word for "tattoo."
Id.; see also Declaration of Brennan C. Swain ("Swain Decl.") ¶ 2, Exh. H.
2
5718997v1
B. Applicant's Conduct
On December 25, 2007, more than four years after Opposer's TATUAJE brand launched,
Applicant filed intent-to-use application Serial No. 77,359,141 for the mark TATTOO for use in
connection with cigars, cigarettes, and cigarillos, as well as a variety of cigar-related accessories.
See Application Serial No. 77/359,141.
As Applicant acknowledges in its correspondence with Opposer and Opposer's counsel,
the cigar industry "is a small industry and a gentleman's industry." See Johnson Decl., ¶ 9,
Exh. I. Accordingly, prior to initiating the instant the proceeding and filing the instant motion,
Opposer and its counsel have made repeated efforts to resolve this dispute informally. When he
became aware of Applicant's application, Mr. Johnson contacted Applicant personally, informed
it of Opposer's rights in the mark TATUAJE, and its English equivalent, TATTOO, and
requested that Applicant withdraw the application. Id. at ¶ 8.
Prior to filing its application for TATTOO, Applicant had constructive knowledge of
Opposer's rights in the mark TATUAJE and, as a player in the admittedly small world that forms
the cigar industry, it is a virtual certainty that Applicant had actual knowledge of Opposer's
rights as well. Further, review of Applicant's website suggests that Applicant is not currently
using the alleged mark "TATTOO", nor is there any evidence that Applicant has ever used the
mark "TATTOO." See id. at ¶ 9. Nonetheless, in response to Mr. Johnson's communication,
Applicant refused to withdraw the application unless Opposer paid it more than ten thousand
dollars in compensation. Id. at ¶ 9, Exh. I.
After receiving Applicant's response, Opposer's counsel sent a more formal
communication to Applicant, again outlining Opposer's rights in the mark TATUAJE and its
English equivalent TATTOO, and again requesting that Applicant withdraw its application.
3
5718997v1
Swain Decl., ¶ 3, Exh. J. Again, Applicant refused to withdraw its application and Opposer had
not choice but to proceed with the instant Opposition proceeding. Id.
Opposer again attempted to reach an informal resolution prior to filing this motion.
During the discovery conference in this matter, held on Thursday, September 18, 2008, Opposer
advised Applicant of its intent to bring a motion for summary judgment. Id. at ¶ 4, Exh. K. In a
further attempt at resolving this matter without the time or expense of further proceedings, the
parties agreed to exchange cases they would rely one to support their respective positions. See
id. Pursuant to this agreement, on Monday, September 22, 2008, Opposer sent two cases to
Applicant. Id. In contravention of its agreement, Applicant neither provided any cases to
Opposer, nor did it provide any response at all to Opposer's September 22, 2008 email. Id.
Opposer was left with no choice but to proceed with the instant motion.
III. ARGUMENT
A. Summary Judgment Standard
Summary judgment should be granted where the moving party establishes that there are
no genuine issues of material fact and that he or she is entitled to judgment as a matter of law.
Fed. R. Civ. Pro. 56. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986). Upon the
moving party's prima facie showing of entitlement to summary relief, the non-moving party may
not rest on mere denials or conclusory assertions, but rather must present specific facts showing a
genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). In determining
whether there is a genuine issue of material fact which would preclude the grant of summary
judgment, the Board must look to the controlling substantive law. Anderson, 477 U.S. at 248.
Summary judgment is a favored method of adjudicating inter partes proceedings as the
Board considers it a "salutary method of disposition designed 'to secure the just, speedy and
inexpensive determination of every action.' " Sweats Fashions v. Pannill Knitting Co., 4
4
5718997v1
U.S.P.Q.2d 1793, 1795 (Fed. Cir. 1987) (Court affirmed Board's grant of summary judgment
dismissing opposition because there was no genuine issue of material fact as to likelihood of
confusion); see also Pure Gold, Inc. v. Suntex (U.S.A.), Inc., 222 U.S.P.Q. 741, 744 (Fed. Cir.
1984) (summary judgment "is to be encouraged in inter partes cases before the Trademark Trial
and Appeal Board").
B. Applicant is Entitled to Summary Judgment on its Claim Under Section 2(d)
In order to prevail upon its Section 2(d) claim, Opposer must establish: 1) that it is the
owner of valid trademark rights in its TATUAJE Mark; and 2) that Applicant' s use of its
proposed TATTOO mark is likely to cause confusion with Opposer's TATUAJE Mark. E.g.,
Calvin Klein Industries, Inc. v. Calvins Pharmaceuticals, Inc., 8 U.S.P.Q.2d 1269, 1270
(T.T.A.B. 1988). For the reasons set forth below, there are no genuine issues of material fact as
to either element of Opposer's Section 2(d) claim, and judgment should be entered thereon as a
matter of law.
1. Opposer is the Owner of the Trademark TATUAJE
Opposer is the owner of rights in the trademark TATUAJE for use in connection with
cigars (the "TATUAJE Mark"). Trademark rights are created by use of a mark to identify one's
goods. E.g., Sengoku Works Ltd. v. RMC Intern., Ltd., 96 F.3d 1217, 1219 (9th Cir. 1996), as
modified, 97 F.3d 1460 (9th Cir. 1996) ("To acquire ownership of a trademark . . . the party
claiming ownership must have been the first to actually use the mark in the sale of goods or
services."); Hydro-Dynamics, Inc. v. George Putnam & Co., Inc., 811 F.2d 1470, 1473 (Fed. Cir.
1987) (“[T]rademark rights in the United States are acquired by such adoption and use . . . .”).
Opposer, and/or its predecessor in interest, have been using the TATUAJE mark to identify its
cigars since at least as early as May 27, 2005, long prior December 25, 2007, the filing date of
Applicant's application. See Johnson Decl., ¶¶ 3-7, Exhs. B-G.
5
5718997v1
Furthermore, Opposer owns federal trademark registration number 2,836,665, issued on
April 27, 2004, for TATUAJE in connection with cigars in International Class 34 (the " '665
Reg."). Id. at ¶ 2, Exh. A. The '665 Reg. constitutes prima facie evidence of the validity of
Opposer's TATUAJE mark and of Opposer's exclusive right to use the mark on the goods
specified in the registration. 15 U.S.C. §§ 1057(b) & 1115(a).
Opposer's ownership of the TATUAJE Mark is undisputed.
2. Applicant's Use of the Mark TATTOO Is Likely to Cause Consumer

Confusion
In determining whether consumer confusion is likely to result from the registration and
use of a proposed mark, the Board should consider a number of factors including, inter alia, the
similarity of the respective marks, the relatedness of the respective goods, and the marketing
channels and consumers of the respective goods. In re DuPont DeNemours & Co., 476 F.2d
1356, 1361, 177 U.S.P.Q. 563, 567 (C.C.P.A. 1973). Any one of the factors listed maybe
dominant in any given case, depending upon the evidence of record. In re Dixie Restaurants,
Inc., 105 F.3d 1405, 41 U.S.P.Q. 2d 1531, 1533 (Fed. Cir. 1997). In this case, the following
factors are the most relevant: similarity of the marks, similarity of the goods, and similarity of
trade channels of the goods. In re Dakin’s Miniatures Inc., 59 U.S.P.Q. 2d 1593 (T.T.A.B.
1999); TMEP §§1207.01 et seq.
a. Similarity of the Marks
Perhaps the single most important factor in analyzing likelihood of confusion is the
similarity or dissimilarity of marks at issue. See, e.g., Ford Motor Company v. Summit Motor
Products, Inc., 930 F.2d 277, 293, 18 U.S.P.Q.2d 1417, 1430 (3d Cir.), cert. denied sub nom.,
Altran Corporation v. Ford Motor Company, 502 U.S. 939 (1991). In determining similarity, the
marks at issue must be compared in their entireties, including with respect to sight, sound, and
6
5718997v1
connotation. See In re E.I DuPont DeNemours & Co., 476 F.2d at 1361, 177 U.S.P.Q. at 567.
Similarity as to one element (i.e., sight, sound or connotation) may be sufficient to deem the
marks similar.
i. Marks are Identical in Connotation
Under the doctrine of foreign equivalents, Opposer's mark TATUAJE and Applicant's
mark TATTOO are identical in connotation.
The doctrine of foreign equivalents provides that "foreign words from common, modern
languages are translated into English to determine similarity of connotation with English words
in a likelihood of confusion analysis." In re La Peregrina Ltd., 86 U.S.P.Q. 2d 1645, 1647
(T.T.A.B. 2008). See also D.C. Comics v. Pan American Grain Mfg. Co., 77 U.S.P.Q. 2d 1220,
1225 (T.T.A.B. 2005); Palm Bay Import, Inc. v. Veuve Clicquot Ponsardin Maison Fondee En
1772, 396 F.3d 1369, 73 U.S.P.Q. 2d 1689, 1692 (Fed. Cir. 2005).
It is indisputable that "tattoo" is the English equivalent of the Spanish word "tatuaje."
Swain Decl. ¶ 2, Exh. H. Opposer submits that Spanish is the most common language in the
United States after English, with more than 30 million people speaking Spanish as their primary
language. See id. at ¶ 5, Exh. L. Furthermore, logic dictates that there are numerous Spanish
speaking people who, although fluent, do not speak Spanish as their primary language, e.g.,
children of Spanish-speaking immigrants. Additionally, Spanish is by far the most widely-taught
non-English language in U.S. secondary schools and institutes of higher education. See id. at ¶¶
6-7, Exhs. M-N.
As a result of the foregoing, it is likely that a significant portion of American consumers
would stop and translate Opposer's mark into its English equivalent. In fact, the T.T.A.B. has
recently recognized that the Spanish language is spoken or understood by an appreciable number
of U.S. consumers who also speak or understand English, and that consumers encountering a
7
5718997v1
Spanish word in the market place are likely to translate it. In re La Peregrina, 86 U.S.P.Q. 2d at
1648-1650. Accordingly, the T.T.A.B. concluded that "there is no question that Spanish is a
common, modern language. According to the evidence submitted by the Examining Attorney,
Spanish is the second most common languages in the United States after English, with up to 30
million Spanish-speaking people in this country." Id. at 1648. The T.T.A.B. went on to say that
"it is clear that, by any standard, the Spanish language is spoken or understood by an appreciable
number of U.S. consumers who also speak or understand English." Id.
The translated meaning of TATUAJE is not obscure. It follows that an appreciable
number of U.S. consumers are likely to translate TATUAJE into its English equivalent.
Accordingly, under the doctrine of foreign equivalents, Opposer's mark TATUAJE and
Applicant's mark TATTOO are identical in connotation. This alone is sufficient to support a
finding that the marks are similar.
ii. Marks Are Similar in Sight and Sound
In addition to the fact that the marks are identical in connotation, they are similar in sight
and sound as well. To begin, the first syllables of each mark - "tat" - are identical in both sight
and sound. The second syllables of each mark, are identical in sound. In other words, when
pronounced, Applicant's mark is identical in sound to the first two syllables of Opposer's mark.
In fact, the only difference in the manner in which the two words are pronounced, is the addition
of the two extra syllables - "a-je" - at the end of Opposer's mark.
3. Similarity of the Goods: Applicant's Goods are Identical to Opposer's
Applicant's and Opposer's goods need not be identical in order to determine that there is a
likelihood of confusion - "the inquiry is whether the goods are related, not identical." The issue
is not whether the goods will be confused with each other, but rather whether the public will be
confused about their source." TMEP 1207.01(a)(i); Safety-Kleen Corp. v. Dresser Indus., Inc.,
8
5718997v1
518 F.2d 1399, 186 U.S.P.Q. 476, 480 (C.C.P.A. 1975). The question is whether "the goods or
services of the applicant and the registrant are so related that the circumstances surrounding their
marketing are such that they are likely to be encountered by the same persons under
circumstances that would give rise to the mistaken belief that they originate from the same
source." On-line Careline Inc. v. America Online Inc., 229 F.3d 1080, 56 U.S.P.Q. 2d 1471
(Fed. Cir. 2000).
Here, however, the issue is not that complicated - Applicant's and Opposer's goods are
identical.
Opposer has a federal registration for TATUAJE in connection with cigars in
International Class 34. Applicant also uses the mark TATUAJE in connection with ashtrays,
cigar lighters, and cigar cutters. Johnson Decl., ¶ 7, Exh. G.
Applicant proposes to use the mark TATTOO in connection with cigars, cigarettes, and
cigarillos, as well as cigar and cigarette boxes, cigar bands, cigar cases, cigar cutters, cigar
holders, cigar humidifiers, cigar lighters, and cigar tubes. See App. Serial No. 77/359,141.
Many of the goods in connection with which Applicant proposes to use its mark are
identical to Opposer's goods, e.g., cigars, cigar lighters, and cigar cutters. Applicant's remaining
goods are cigar-related accessories, and as such, are clearly related to Opposer's goods.
4. Similarity of Channels of Trade: Channels are Identical
Opposer uses its mark in connection with cigars and cigar-related accessories. Applicant
proposes to use its mark in connection with cigar and cigar-related accessories. As neither
Opposer nor Applicant have placed any limitations with respect to channels of trade, it is proper
to presume that the goods identified in their applications will move in all normal channels of
trade, and that they will be available to all classes of purchasers. In re Jump Designs, LLC, 80
U.S.P.Q. 2d 1370, 1374 (T.T.A.B. 2006); TMEP 1207.01(a)(iii). As Applicant's and Opposer's
9
5718997v1
goods are in part identical and in part extremely similar, the presumption leads to the conclusion
that Applicant's and Opposer's goods will be sold in the same channels of trade, in the same
stores, to the same consumers.
IV. CONCLUSION
For all the foregoing reasons, Opposer's Motion for Summary Judgment against
Applicant should be granted, and Applicant's registration should be refused.
Dated: January 28, 2009 /S/ JESSICA C. BROMALL

Brennan C. Swain
Rod S. Berman
Jessica C. Bromall
JEFFER, MANGELS, BUTLER & MARMARO LLP
1900 Avenue of the Stars, Seventh Floor
Los Angeles, CA 90067
(310) 203-8080
E-mail: trademarkdocket@jmbm.com
Attorneys for Opposer Tatuaje Cigars, Inc.
10
5718997v1

Opposer,
v.
Mark: TATTOO
INC.,
Atty. Ref. No.: 68692-0003
Applicant.

P.O. Box 1451
DECLARATION OF PETER H. JOHNSON IN SUPPORT OF OPPOSER'S MOTION
FOR SUMMARY JUDGMENT
I, PETER H. JOHNSON, declare as follows:
1. I am the owner of opposer Tatuaje Cigars, Inc. ("Opposer"). I have personal
knowledge of the facts set forth herein and, if called as a witness, could and would competently
testify thereto. I submit this Declaration in support of Opposer's Motion for Summary Judgment.
2. I am the original registrant of U.S. Trademark Reg. 2,836,665 for TATUAJE for
use in connection with cigars in International Class 34 (the "TATUAJE Reg."). On or about
June 25, 2008, I assigned the foregoing registration, as well as the business and goodwill
associated therewith to Opposer. The assignment was recorded with the United States Patent and
Trademark Office on July 9, 2008. Attached hereto as Exhibit A are two true and correct copies
of Opposer's TATUAJE Reg. showing the current status of and title to the registration.
3. Opposer is in the business of selling cigars and cigar related accessories
throughout the United States. I began using the TATUAJE mark to identify my cigars at least as
5811250v1
early as May 27, 2003, and I and/or Opposer have been using the mark in connection with cigars
continuously ever since.
4. TATUAJE cigars are hand-made premium cigars made in the Cuban tradition. I
worked hard with my associates to ensure that TATUAJE cigars are of the highest quality. The
first production of TATUAJE cigars was released in 2003. Shortly thereafter, our efforts were
rewarded. Mere months after their release, TATUAJE cigars were recognized by Cigar
Aficionado Magazine. Attached hereto as Exhibit B is a true and correct copy of an article that
was originally posted on cigarafficionado.com on August 11, 2003 and was printed on October
24, 2008.
5. Each year, Cigar Aficionado Magazine selects the 25 best cigars of the year. In
2004, Cigar Aficionado Magazine selected a TATUAJE brand cigar as the 25th best cigar of the
year. Attached hereto as Exhibit C is a true and correct copy of the 2004 Top 25 article, which
was printed on October 24, 2008.
6. A TATUAJE brand cigar has appeared on Cigar Aficionado Magazine's Top 25
list numerous times, ranking 4, 9, and 15 in 2005, 2006, and 2007 respectively. Attached hereto
as Exhibits D, E, and F are copies of the Top 25 articles from 2005, 2006, and 2007,
respectively, each of which was printed on October 24, 2008.
7. In addition to cigars, Opposer also uses the TATUAJE mark in connection with
cigar lighters, cigar cutters, ashtrays, as well as a variety of promotional items, including hats
and t-shirts. Attached hereto as Exhibit G is a true and correct copy of an internet print-out
showing goods for sale bearing the TATUAJE mark.
8. TATUAJE is the Spanish word for "tattoo." Accordingly, when I discovered
applicant Nicaragua Tobacco Imports, Inc.'s ("Applicant's") application for registration of
2
5811250v1

Opposer,
v.
Mark: TATTOO
INC.,
Atty. Ref. No.: 68692-0003
Applicant.

P.O. Box 1451
DECLARATION OF BRENNAN C. SWAIN IN SUPPORT OF OPPOSER'S MOTION
FOR SUMMARY JUDGMENT
I, BRENNAN C. SWAIN, declare as follows:
1. I am an attorney duly licensed to practice law in the state of California. I am an
associate attorney at the law firm of Jeffer, Mangels, Butler & Marmaro LLP ("JMBM"), counsel
of record for opposer Tatuaje Cigars Inc. ("Opposer"). I have personal knowledge of the facts
set forth herein and, if called as a witness, could and would competently testify thereto. I submit
this Declaration in support of Opposer's Motion for Summary Judgment.
2. Attached hereto as Exhibit H, are true and correct copies of print outs from the
internet also showing the English meaning of the Spanish word TATUAJE.
3. Attached hereto as Exhibit J is a true and correct copy of an email I sent to
Applicant on June 23, 2008, requesting that Applicant withdraw the application. Applicant
refused to withdraw the application.
5811249v1
EXHIBIT A
EXHIBIT B
Cigar Aficionado | Daily Cigar News | Tattooed Cigars Page 1 of 2
Oct 24, 2008 Customer Care | Sign in | Print
Advertisement
Home > What's New > Tattooed Cigars
Tattooed Cigars
Posted: Monday, August 11, 2003
By Michael Moretti
Pete Johnson, the cigar buyer for

Grand Havana Room in Beverly
Hills, California, has created his
own line of cigars called Tatuaje.
Named after the Spanish word
for tattoos, Tatuaje refers to the
sleeve of inked images that
Johnson sports down the length
of his arms.
Tatuaje cigars, which Johnson

made in conjunction with
Tabacalera Tropical, are
completely Nicaraguan, but
Johnson's ultimate goal was to create a Cuban taste. The cigars are
rolled in Miami's El Rey de los Habanos factory, located in Little
Havana. The head roller, Jose "Pepin" Garcia, is a veteran master
roller from Cuba; he was on hand for the debut of the cigar, at the
Grand Havana Room in New York City, where he showed off his
skills. Churning out delicious cigars all evening, he even rolled a
beautifully made cigar pipe, as well as a cigar shaped like a baseball
bat.
"This is old world Cuba for a new generation," said Johnson. "What
they are doing in Nicaragua is the closest right now to what they are
doing in Cuba -- the sweetness of the wrapper and the aroma coming
Advertising off the foot." He describes the cigar as medium to full bodied.
Information "People find it mild because when they first light up, the corojo
wrapper adds a sweetness, but [the cigar] builds up strength toward
Customer Care
the end, and that's how Cuban cigars are to me."
Please sign in
Tatuaje comes in six sizes: Havana Cazadores, which measures 6 3/8
inches long by 43 ring, Unicos (6 1/8 by 52), Especiales (7 1/2 by
38), Noellas (5 1/8 by 42), Regios (5 1/2 by 50) and Tainos (7 5/8 by
49). Prices range from $7.25 to $12 per cigar.
As with Cuban cigars, you may have a hard time finding the Tatuajes.
They are available only at a few retailers, as well as at the Grand
http://www.cigaraficionado.com/Cigar/CA_Daily/CA_Daily_News/0,2342,843,00.html 10/24/2008
Cigar Aficionado | Daily Cigar News | Tattooed Cigars Page 2 of 2
Havana Rooms in New York City and Beverly Hills. This is a

"boutique production," said Johnson, "I keep them in small orders so
that they don't rush the production since there are only six rollers."
He expects to make about 6,000 cigars for each production and about
30,000 cigars a year.
Not that Johnson isn't thinking big. Two limited-edition Tatuaje lines
are planned for the future, he said: The Cojonu, or "monster
blend," (6 1/2 by 52, retailing for $13.00), set to hit shelves in a week
and the Gran Gener (date and measurements not yet specified).
These two lines will be so strong that they "would be a novelty cigar
that just true smokers will smoke," said Johnson. More on that to
come.
Also in Cigar News:
God of Fire Dinner Raises More Than $57,000 for Charity

(10/17/2008)
Smoking Ban Takes Effect in Atlantic City (10/16/2008)
Perdomo Elected to Miami Lakes Council (10/15/2008)
Gran Habano Family Part Ways (10/14/2008)
Davidoff Acquires Camacho (10/13/2008)
Padrón Creates Inexpensive Sampler (10/10/2008)
Public Welcome at Fuente Grand Havana Room Dinner in
NYC (10/10/2008)
D.C. Chef Works With Smoke (10/09/2008)
Christie's Auction Features Rare Cubans, Recent Cigars
(10/08/2008)
Cigar of the Week:
Hot Tip: Inside the Box-Pressed
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EXHIBIT C
Cigar Aficionado | Top 25 | 2004 Page 1 of 1
Oct 24, 2008 Sign in | Print | Site Map
Advertisement
Home > What's New > Top 25 Home for 2004 > No. 25
It's rare to find a cigar made by hand in the United States

and rarer still to find a great one. Expensive labor and a
limited number of trained cigarmakers have caused most
American-based cigarmakers to leave for offshore factories
or to automate. That's one of the reasons the Tatuaje brand
is so interesting. It's a very small brand, made in a small
Miami factory, but the real draw here is the quality of the
cigars, made from a rich blend of Nicaraguan tobaccos.
These are medium- to full-bodied smokes, made for the
seasoned smoker. The Especiales size—7 inches by a slim
38 ring—is modeled after Cuba's Cohiba Lancero and
Trinidad Fundadore. Good now, these gran panetelas are
likely to become great with age. If only there were more.
MADE BY: El Rey de los Habanos for Pete Johnson

FACTORY LOCATION: United States
WRAPPER: Nicaragua
BINDER: Nicaragua
FILLER: Nicaragua
PRICE: $9.75
2004 PRODUCTION: 5,000
RATING: 90
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EXHIBIT D
Advertisement
El Rey de los Habanos is easy to miss. The narrow cigar

factory is located on Miami's historic Calle Ocho, or 8th
Street, and it has only about a dozen rolling tables, about 10
of which are occupied by Spanish-speaking Cuban rollers
who carefully craft dark cigars with impeccable precision.
This is the home of the Tatuaje brand. The factory doesn't
make many Tatuajes -- the facility is small to begin with, and
Tatuaje isn't the only brand made here -- but those that are
created are intensely flavorful, made with three-seam caps in
the style of Cuban cigars and packed with hearty, leathery
Nicaraguan leaf that gives them a most Cubanesque flavor.
The Taino, a 7 5/8 by 49 cigar, is particularly exceptional,
with earthy, spicy flavors and a full body.
MADE BY: El Rey de los Habanos, Havana Cellars

FACTORY LOCATION: U.S.A.
WRAPPER: Nicaragua
BINDER: Nicaragua
FILLER: Nicaragua
PRICE: $12.00
RATING: 93
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EXHIBIT E
Advertisement
The Tatuaje brand is only two years old, yet it has become
one of the hottest boutique cigar brands in America. Created
by cigar retailer Pete Johnson, who is known as Tattoo Pete
by many in the cigar industry, the brand gets its name from
the Spanish word for "tattoo" and is carefully crafted from
powerful yet elegant Nicaraguan tobaccos in the tiny El Rey
de los Habanos factory in Little Havana. Only about a dozen
rollers work at the factory, which makes other brands as well,
so there are only about 250,000 Tatuajes made per year.
Johnson is now making a less expensive version in
Nicaragua. The Tatuaje Cabinet Noella, a beautifully made
corona, measures 5 1/8 by 42 ring. It's among the smallest of
Tatuajes, but like good, small Cuban cigars this smoke is
packed with flavor. It's rich, spicy and strong, with an
underlying elegance.
MADE BY: El Rey de los Habanos, Havana Cellars

FACTORY LOCATION: Miami
WRAPPER: Nicaragua
BINDER: Nicaragua
FILLER: Nicaragua
PRICE: $7.50
RATING: 92
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EXHIBIT F
Advertisement
Sometimes you just need a powerful corona to make your

day right, and it's hard to find a better choice than the
Tatuaje Havana VI Angeles. This 4 5/8-inch x 42-ring cigar is
crammed with strong black cherry, spice and leather, and the
finish is a mile long. We found it the strongest of the six-size
Havana VI line, and our favorite of the bunch.
Original Tatuajes, which were made in Miami, are hard to

find, given their limited production. Havana VIs, the "red
label" versions, are made in Nicaragua and easier to find.
They're also cheaper, thanks to the lower cost of labor in
Nicaragua. As with all Tatuajes, these are made by Jose
"Pepin" Garcia.
MADE BY: Tabacalera Cubana S.A.

FACTORY LOCATION: Nicaragua
WRAPPER: Nicaragua
BINDER: Nicaragua
FILLER: Nicaragua
PRICE: $5.50
RATING: 92
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EXHIBIT G
New Havana Cigars - the Online Humidor Page 1 of 3
You are here: Home > SWAG
Show off your favorite brands with SWAG! In popular culture, the term swag now usually
refers to promotional items or gifts that are given away by companies or organizations,
About Us
but let's face it - the best things are rarely free! We may from time to time come across
Shipping / Returns SWAG that is meant to be passed on for free, but these items for sale are specially
Humidified Shipping 'branded' accessories that are worth much more than their retail prices!
10 per page Page 1 of 2

Sort By: Most Popular
Tatuaje Mens T-Shirt
List Price: $25.00

Our Price: $25.00
Tatuaje Mens T-Shirt
Tatuaje Girls T-Shirt
List Price: $20.00

Our Price: $20.00
Tatuaje Girls T-Shirt
Tatuaje Mens Polo Shirt
List Price: $35.00

Our Price: $35.00
Tatuaje Mens Polo Shirt
Tatuaje Girls Tank
List Price: $20.00

Our Price: $20.00
Tatuaje Girls Tank
Tatuaje Girls Booty Shorts
http://www.newhavanacigars.com/SearchResults.asp 10/27/2008
List Price: $17.50

Our Price: $17.50
Tatuaje Girls Booty Shorts
Tatuaje Ashtray
List Price: $34.95
Our Price: $34.95 No Longer Available
Limited Edition Tatuaje Ashtray
Tatuaje Table Lighter by Lotus

List Price: $60.00
Our Price: $49.95
You Save $10.05!
Tatuaje Lotus Table Lighter
Tatuaje Fleur Sterling 925 Pin

List Price: $15.00
Our Price: $15.00
Tatuaje Fleur Sterling 925 Pin
The Buzz Cut Cigar Cutter by Tatuaje
List Price: $13.00

Our Price: $12.00
You Save $1.00!
The Buzz Cut Cigar Cutter by Tatuaje
Tatuaje Skull Warmer

List Price: $25.00
Our Price: $25.00
Tatuaje Skull Warmer
Special Offer:
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EXHIBIT H
Online Dictionary Search Results Page 1 of 1
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1 (=dibujo) tattoo
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2 (=acto) tattooing
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EXHIBIT I
Bromall, Jessica
From: tatuajecigars@gmail.com on behalf of Pete Johnson [pete@Tatuajecigars.com]
Sent: Thursday, June 19, 2008 6:21 AM
To: Swain, Brennan C.
Subject: Fwd: tatuaje email
---------- Forwarded message ----------

From: Al Gutman <alg@cubancrafters.com>
Date: Thu, 19 Jun 2008 02:32:59 -0400
Subject: RE: tatuaje email
To: Pete Johnson <pete@tatuajecigars.com>
Cc: Al Gutman _ Private Office Email <alg2@cubancrafters.com>
Pete:
The total amount provided to me by accounting is $12,639.82
I just want to let you know that I am not interested in giving up the trademark for my out
of pocket expenses. I am doing this as a favor to Jonathan, and because this is a small
industry and a gentleman's industry.
Reading my emails tonight, I noticed that I received an email from my brother notifying me
that "A request for an extension of time to file an opposition has been filed at the
Trademark Trial and Appeal Board" for Tattoo. I assume that it was you but since the
system takes time to update and I am unable to obtain a copy of the filing, I am not sure.
If it was you, I do not have a problem with a limited extension of time to resolve this
matter between us. But if it is not resolved quickly we will need to move forward and go
into product and packaging production in time for the Christmas shopping season. As a
result I will need to ask my brother to proceed swiftly, oppose the extension of time and
get this matter heard by the Trademark Trial and Appeal Board. In that case there is no
turning back and we will no longer be interested in transferring the trademark to you.
Please call me if you have any questions. Thanks and all the best!
Al Gutman
Operations Director
Cuban Crafters
The Cuban Crafters Building
3604 NorthWest 7th Street
Miami, Florida 33125
(305)573-0222 Fax: (305)573-0226
Toll Free: 1-877-244-2701 (1-877-CIGAR-01)

1
www.cubancrafters.com
_____
From: tatuajecigars@gmail.com [mailto:tatuajecigars@gmail.com] On Behalf Of Pete Johnson

Sent: Wednesday, June 18, 2008 7:56 PM
To: alg@cubancrafters.com
Subject: tatuaje email
--
Pete Johnson
Tatuaje Cigars Inc.
Los Angeles - Miami - Esteli - Baez
http://www.tatuajecigars.com
--
Pete Johnson
Tatuaje Cigars Inc.
Los Angeles - Miami - Esteli - Baez
http://www.tatuajecigars.com
2
EXHIBIT J
Bromall, Jessica
From: Swain, Brennan C.
Sent: Monday, June 23, 2008 4:45 PM
To: alg@cubancrafters.com
Cc: Papp, Susan
Subject: Your use of the mark TATTOO (68692-0003)
Dear Al:
We represent Tatuaje Cigars, Inc, the owner of U.S. Trademark Registration No. 2,836,665
(to be recorded shortly) for the mark TATUAJE in connection with cigars (the "'665
registration"). I understand that you have filed a trademark application for the mark
TATTOO in connection with cigars and related products. As you also likely know, and as
stated in the '665 registration, TATUAJE is Spanish for TATTOO. Therefore, our client
already owns trademark rights in the mark TATTOO and is not interested in paying you for a
mark he already has rights in. We believe that the Trademark Office erred in allowing
your mark to be published for opposition, and, if you are not willing to abandon your
application immediately, we will move forward with the opposition and file for summary
judgment, which we believe will be granted, as soon as possible.
Furthermore, you indicated in your e-mail to our client that if this matter was not
resolved quickly you would "move forward and go into product and packaging production in
time for the Christmas shopping season." We strongly recommend that you do not do this
and that you obtain legal advice regarding the risks you would be taking if you proceed to
use the TATTOO mark.
Therefore, we demand that you abandon your trademark application for TATTOO.
Please contact or have your attorney contact me within 5 days to let me know that you
agree to this demand.
Please note that this letter does not constitute a complete statement of our client's
rights, all of which are expressly reserved.
Regards,
Brennan Swain
_______________________________________
Brennan C. Swain for

JMBM | Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, 7th Floor Los
Angeles, California 90067
(310) 785-5308 Direct

(310) 203-0567 Fax
BSwain@jmbm.com
JMBM.com
This e-mail message and any attachments are confidential and may be attorney-client
privileged. Dissemination, distribution or copying of this message or attachments without
proper authorization is strictly prohibited. If you are not the intended recipient,
please notify JMBM immediately by telephone or by e-mail, and permanently delete the
original, and destroy all copies, of this message and all attachments. For further
information, please visit JMBM.com.
Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax
practice, we hereby inform you that any advice contained herein (including in any
attachment) (1) was not written or intended to be used, and cannot be used, by you or any
taxpayer for the purpose of avoiding any penalties that may be imposed on you or any
taxpayer and (2) may not be used or referred to by you or any other person in connection
with promoting, marketing or recommending to another person any transaction or matter
addressed herein.
---------- Forwarded message ----------

1
From: Al Gutman <alg@cubancrafters.com>
Date: Thu, 19 Jun 2008 02:32:59 -0400
Subject: RE: tatuaje email
To: Pete Johnson <pete@tatuajecigars.com>
Cc: Al Gutman _ Private Office Email <alg2@cubancrafters.com>
Pete:
The total amount provided to me by accounting is $12,639.82
I just want to let you know that I am not interested in giving up the trademark for my out
of pocket expenses. I am doing this as a favor to Jonathan, and because this is a small
industry and a gentleman's industry.
Reading my emails tonight, I noticed that I received an email from my brother notifying me
that "A request for an extension of time to file an opposition has been filed at the
Trademark Trial and Appeal Board" for Tattoo. I assume that it was you but since the
system takes time to update and I am unable to obtain a copy of the filing, I am not sure.
If it was you, I do not have a problem with a limited extension of time to resolve this
matter between us. But if it is not resolved quickly we will need to move forward and go
into product and packaging production in time for the Christmas shopping season. As a
result I will need to ask my brother to proceed swiftly, oppose the extension of time and
get this matter heard by the Trademark Trial and Appeal Board. In that case there is no
turning back and we will no longer be interested in transferring the trademark to you.
Please call me if you have any questions. Thanks and all the best!
Al Gutman
Operations Director
Cuban Crafters
The Cuban Crafters Building
3604 NorthWest 7th Street
Miami, Florida 33125
(305)573-0222 Fax: (305)573-0226
Toll Free: 1-877-244-2701 (1-877-CIGAR-01)
www.cubancrafters.com
2
EXHIBIT K
Bromall, Jessica
From: Swain, Brennan C.
Sent: Monday, September 22, 2008 11:34 AM
To: Jose Gutman; Jeff Giunta
Cc: Berman, Rod S.; Papp, Susan; Court Services
Subject: Opposition No. 91185180 (Our Ref. 68692-0003)
Attachments: 20080922093624_BCS.PDF; 20080922093639_BCS.PDF
Gentlemen:
Pursuant to our discussion last Thursday, attached are some of the cases we intend to rely on in our motion for summary
judgment. In light of these cases, we again request that your application be dismissed immediately with prejudice. You
indicated that, in reply to our submission of cases, you would provide us with the precedent you intend to rely on. If we do
not hear from you by Thursday, September 25, 2008 we intend to proceed with the preparation and filing of the motion for
summary judgment. We look forward to receiving by the 25th your reasoning as to why summary judgment is
inappropriate and your cases in support thereof. As you will recall, you advised us that you would promptly provide such
reasoning and precedent as you acknowledged that the Board appreciated such exchanges prior to the filing of motions.
Regards,
Brennan
_______________________________________
Brennan C. Swain for

JMBM | Jeffer, Mangels, Butler & Marmaro LLP
1900 Avenue of the Stars, 7th Floor
Los Angeles, California 90067
(310) 785-5308 Direct

(310) 203-0567 Fax
BSwain@jmbm.com
JMBM.com
This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination,
distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the
intended recipient, please notify JMBM immediately by telephone or by e-mail, and permanently delete the original, and
destroy all copies, of this message and all attachments. For further information, please visit JMBM.com.
Circular 230 Disclosure: To assure compliance with Treasury Department rules governing tax practice, we hereby inform
you that any advice contained herein (including in any attachment) (1) was not written or intended to be used, and cannot
be used, by you or any taxpayer for the purpose of avoiding any penalties that may be imposed on you or any taxpayer and
(2) may not be used or referred to by you or any other person in connection with promoting, marketing or recommending to
another person any transaction or matter addressed herein.
20080922093624_B20080922093639_B
CS.PDF CS.PDF
1
EXHIBIT L
United States - Selected Social Characteristics in the United States: 2007 Page 1 of 4
United States
Selected Social Characteristics in the United States: 2007
Data Set: 2007 American Community Survey 1-Year Estimates
Survey: American Community Survey
NOTE. Although the American Community Survey (ACS) produces population, demographic and housing
unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the
official estimates of the population for the nation, states, counties, cities and towns and estimates of housing
units for states and counties.
For more information on confidentiality protection, sampling error, nonsampling error, and definitions, see
Survey Methodology.
Selected Social Characteristics in the United States: 2007 Estimate Margin of Error Percent Margin of Error
HOUSEHOLDS BY TYPE
Total households 112,377,977 +/-144,356 100% (X)
Family households (families) 75,119,260 +/-150,790 66.8% +/-0.1
With own children under 18 years 34,999,584 +/-89,167 31.1% +/-0.1
Married-couple family 55,867,091 +/-163,903 49.7% +/-0.1
Male householder, no wife present, family 5,208,231 +/-39,566 4.6% +/-0.1
Female householder, no husband present, family 14,043,938 +/-55,811 12.5% +/-0.1
Nonfamily households 37,258,717 +/-79,752 33.2% +/-0.1
Householder living alone 30,645,140 +/-81,159 27.3% +/-0.1
65 years and over 10,264,914 +/-39,411 9.1% +/-0.1
Households with one or more people under 18 years 38,639,706 +/-87,369 34.4% +/-0.1
Households with one or more people 65 years and over 26,256,977 +/-51,171 23.4% +/-0.1
Average household size 2.61 +/-0.01 (X) (X)

Average family size 3.20 +/-0.01 (X) (X)
RELATIONSHIP
Population in households 293,499,975 ***** 100% (X)
Householder 112,377,977 +/-144,356 38.3% +/-0.1
Spouse 55,824,105 +/-142,589 19.0% +/-0.1
Child 89,604,479 +/-115,043 30.5% +/-0.1
Other relatives 19,655,231 +/-130,502 6.7% +/-0.1
Nonrelatives 16,038,183 +/-147,636 5.5% +/-0.1
Unmarried partner 6,240,153 +/-40,813 2.1% +/-0.1
MARITAL STATUS
Males 15 years and over 117,459,139 +/-23,829 100% (X)
Never married 39,982,351 +/-92,353 34.0% +/-0.1
Now married, except separated 61,434,971 +/-142,506 52.3% +/-0.1
Separated 2,166,837 +/-22,817 1.8% +/-0.1
Widowed 2,979,103 +/-28,240 2.5% +/-0.1
Divorced 10,895,877 +/-62,744 9.3% +/-0.1
Females 15 years and over 123,264,879 +/-24,019 100% (X)

Never married 34,078,165 +/-85,283 27.6% +/-0.1
Now married, except separated 59,485,793 +/-129,479 48.3% +/-0.1
Separated 3,127,433 +/-35,018 2.5% +/-0.1
Widowed 12,164,063 +/-39,155 9.9% +/-0.1
Divorced 14,409,425 +/-58,059 11.7% +/-0.1
FERTILITY
http://factfinder.census.gov/servlet/ADPTable?_bm=y&-geo_id=01000US&-qr_name=A... 10/27/2008
Number of women 15 to 50 years old who had a birth in the past 12 months 4,183,633 +/-31,097 100% (X)
Unmarried women (widowed, divorced, and never married) 1,401,567 +/-23,757 33.5% +/-0.5
Per 1,000 unmarried women 36 +/-1 (X) (X)
Per 1,000 women 15 to 50 years old 55 +/-1 (X) (X)
GRANDPARENTS
Number of grandparents living with own grandchildren under 18 years 6,210,076 +/-52,193 100% (X)
Responsible for grandchildren 2,514,256 +/-30,212 40.5% +/-0.3
Years responsible for grandchildren
Less than 1 year 574,405 +/-13,261 9.2% +/-0.2
1 or 2 years 589,611 +/-15,449 9.5% +/-0.2
3 or 4 years 420,459 +/-11,704 6.8% +/-0.2
5 or more years 929,781 +/-17,663 15.0% +/-0.3
Characteristics of grandparents responsible for own grandchildren under 18 years

Who are female 62.9% +/-0.3 (X) (X)
Who are married 70.5% +/-0.5 (X) (X)
SCHOOL ENROLLMENT
Population 3 years and over enrolled in school 79,329,527 +/-74,725 100% (X)
Nursery school, preschool 4,913,688 +/-36,461 6.2% +/-0.1
Kindergarten 4,028,537 +/-34,845 5.1% +/-0.1
Elementary school (grades 1-8) 32,160,255 +/-47,241 40.5% +/-0.1
High school (grades 9-12) 17,433,099 +/-40,626 22.0% +/-0.1
College or graduate school 20,793,948 +/-65,104 26.2% +/-0.1
EDUCATIONAL ATTAINMENT
Population 25 years and over 197,892,369 +/-69,080 100% (X)
Less than 9th grade 12,575,318 +/-60,229 6.4% +/-0.1
9th to 12th grade, no diploma 18,098,125 +/-76,284 9.1% +/-0.1
High school graduate (includes equivalency) 59,658,315 +/-131,598 30.1% +/-0.1
Some college, no degree 38,522,312 +/-114,599 19.5% +/-0.1
Associate's degree 14,704,788 +/-69,816 7.4% +/-0.1
Bachelor's degree 34,364,477 +/-111,059 17.4% +/-0.1
Graduate or professional degree 19,969,034 +/-81,430 10.1% +/-0.1
Percent high school graduate or higher 84.5% +/-0.1 (X) (X)

Percent bachelor's degree or higher 27.5% +/-0.1 (X) (X)
VETERAN STATUS
Civilian population 18 years and over 226,715,104 +/-30,886 100% (X)
Civilian veterans 22,892,086 +/-54,670 100% (X)
DISABILITY STATUS OF THE CIVILIAN NONINSTITUTIONALIZED POPULATION

With a disability 41,199,423 +/-96,260 14.9% +/-0.1
Population 5 to 15 years 44,461,573 +/-43,616 100% (X)

Population 16 to 64 years 195,020,523 +/-47,423 100% (X)


RESIDENCE 1 YEAR AGO

Population 1 year and over 297,545,149 +/-27,662 100% (X)
Same house 250,025,832 +/-282,315 84.0% +/-0.1
Different house in the U.S. 45,705,642 +/-271,016 15.4% +/-0.1
Same county 28,005,700 +/-205,974 9.4% +/-0.1
Different county 17,699,942 +/-114,821 5.9% +/-0.1
Same state 10,193,075 +/-87,035 3.4% +/-0.1
Different state 7,506,867 +/-63,665 2.5% +/-0.1
Abroad 1,813,675 +/-40,239 0.6% +/-0.1
PLACE OF BIRTH
Total population 301,621,159 ***** 100% (X)
Native 263,561,465 +/-119,487 87.4% +/-0.1
Born in United States 259,762,585 +/-120,871 86.1% +/-0.1
State of residence 177,509,272 +/-151,254 58.9% +/-0.1
Different state 82,253,313 +/-133,503 27.3% +/-0.1
Born in Puerto Rico, U.S. Island areas, or born abroad to American parent(s) 3,798,880 +/-37,555 1.3% +/-0.1
Foreign born 38,059,694 +/-119,489 12.6% +/-0.1
U.S. CITIZENSHIP STATUS

Foreign-born population 38,059,694 +/-119,489 100% (X)
Naturalized U.S. citizen 16,181,883 +/-73,127 42.5% +/-0.2
Not a U.S. citizen 21,877,811 +/-113,990 57.5% +/-0.2
YEAR OF ENTRY
Population born outside the United States 41,858,574 +/-120,874 100% (X)
Native 3,798,880 +/-37,555 100% (X)

Entered 2000 or later 641,660 +/-20,164 16.9% +/-0.5
Entered before 2000 3,157,220 +/-34,765 83.1% +/-0.5
Foreign born 38,059,694 +/-119,489 100% (X)

Entered 2000 or later 10,551,254 +/-97,330 27.7% +/-0.2
Entered before 2000 27,508,440 +/-109,910 72.3% +/-0.2
WORLD REGION OF BIRTH OF FOREIGN BORN

Foreign-born population, excluding population born at sea 38,059,555 +/-119,486 100% (X)
Europe 4,990,294 +/-45,508 13.1% +/-0.1
Asia 10,184,906 +/-45,826 26.8% +/-0.1
Africa 1,419,317 +/-33,778 3.7% +/-0.1
Oceania 216,701 +/-11,348 0.6% +/-0.1
Latin America 20,409,676 +/-89,137 53.6% +/-0.1
Northern America 838,661 +/-17,228 2.2% +/-0.1
LANGUAGE SPOKEN AT HOME

English only 225,505,953 +/-109,811 80.3% +/-0.1
Language other than English 55,444,485 +/-106,562 19.7% +/-0.1
Speak English less than "very well" 24,469,011 +/-88,296 8.7% +/-0.1
Spanish 34,547,077 +/-75,004 12.3% +/-0.1
Other Indo-European languages 10,320,730 +/-68,048 3.7% +/-0.1
Asian and Pacific Islander languages 8,316,426 +/-45,037 3.0% +/-0.1
Other languages 2,260,252 +/-43,582 0.8% +/-0.1
Speak English less than "very well" 675,910 +/-20,378 0.2% +/-0.1
ANCESTRY
Total population 301,621,159 ***** 100% (X)
American 19,381,268 +/-98,125 6.4% +/-0.1
Arab 1,545,982 +/-37,730 0.5% +/-0.1
Czech 1,625,318 +/-24,486 0.5% +/-0.1
Danish 1,449,183 +/-22,649 0.5% +/-0.1
Dutch 5,070,740 +/-40,879 1.7% +/-0.1
English 28,177,386 +/-104,717 9.3% +/-0.1
French (except Basque) 9,616,496 +/-55,583 3.2% +/-0.1
French Canadian 2,184,246 +/-30,366 0.7% +/-0.1
German 50,753,530 +/-127,805 16.8% +/-0.1
Greek 1,380,043 +/-27,603 0.5% +/-0.1
Hungarian 1,564,569 +/-26,846 0.5% +/-0.1
Irish 36,495,800 +/-125,754 12.1% +/-0.1
Italian 17,844,191 +/-85,019 5.9% +/-0.1
Lithuanian 745,888 +/-17,773 0.2% +/-0.1
Norwegian 4,655,711 +/-40,892 1.5% +/-0.1
Polish 9,976,267 +/-61,746 3.3% +/-0.1
Portuguese 1,471,549 +/-28,992 0.5% +/-0.1
Russian 3,152,959 +/-39,899 1.0% +/-0.1
Scotch-Irish 5,313,956 +/-47,695 1.8% +/-0.1
Scottish 6,019,281 +/-44,937 2.0% +/-0.1
Slovak 813,968 +/-17,303 0.3% +/-0.1
Subsaharan African 2,702,367 +/-54,820 0.9% +/-0.1
Swedish 4,340,436 +/-41,188 1.4% +/-0.1
Swiss 1,018,853 +/-20,715 0.3% +/-0.1
Ukrainian 970,667 +/-21,898 0.3% +/-0.1
Welsh 1,920,993 +/-27,340 0.6% +/-0.1
West Indian (excluding Hispanic origin groups) 2,478,797 +/-40,755 0.8% +/-0.1
Source: U.S. Census Bureau, 2007 American Community Survey
Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is
represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly
as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the
lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a
discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these tables.
Notes:
·Ancestry listed in this table refers to the total number of people who responded with a particular ancestry; for example, the estimate given for Russian
represents the number of people who listed Russian as either their first or second ancestry. This table lists only the largest ancestry groups; see the
Detailed Tables for more categories. Race and Hispanic origin groups are not included in this table because official data for those groups come from the
Race and Hispanic origin questions rather than the ancestry question (see Demographic Table).
·The Census Bureau introduced a new skip pattern for the disability questions in the 2003 ACS questionnaire. This change mainly affected two individual
items -- go-outside-home disability and employment disability -- and the recode for disability status, which includes the two items. Accordingly,
comparisons of data from 2003 or later with data from prior years are not recommended for the relevant questions. For more information, see the ACS
Subject Definitions for Disability.
·Data for year of entry of the native population reflect the year of entry into the U.S. by people who were born in Puerto Rico, U.S. Island Areas or born
outside the U.S. to a U.S. citizen parent and who subsequently moved to the U.S.
·While the 2007 American Community Survey (ACS) data generally reflect the December 2006 Office of Management and Budget (OMB) definitions of
metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in ACS tables may
differ from the OMB definitions due to differences in the effective dates of the geographic entities. The 2007 Puerto Rico Community Survey (PRCS) data
generally reflect the December 2005 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain
instances the names, codes, and boundaries of the principal cities shown in PRCS tables may differ from the OMB definitions due to differences in the
effective dates of the geographic entities.
·Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2000 data.
Boundaries for urban areas have not been updated since Census 2000. As a result, data for urban and rural areas from the ACS do not necessarily
reflect the results of ongoing urbanization.
Explanation of Symbols:
1. An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a
standard error and thus the margin of error. A statistical test is not appropriate.
2. An '-' entry in the estimate column indicates that either no sample observations or too few sample observations were available to compute an estimate,
or a ratio of medians cannot be calculated because one or both of the median estimates falls in the lowest interval or upper interval of an open-ended
distribution.
3. An '-' following a median estimate means the median falls in the lowest interval of an open-ended distribution.
4. An '+' following a median estimate means the median falls in the upper interval of an open-ended distribution.
5. An '***' entry in the margin of error column indicates that the median falls in the lowest interval or upper interval of an open-ended distribution. A
statistical test is not appropriate.
6. An '*****' entry in the margin of error column indicates that the estimate is controlled. A statistical test for sampling variability is not appropriate.
7. An 'N' entry in the estimate and margin of error columns indicates that data for this geographic area cannot be displayed because the number of
sample cases is too small.
8. An '(X)' means that the estimate is not applicable or not available. Selected migration, earnings, and income data are not available for certain
geographic areas due to problems with group quarters data collection and imputation. See Errata Note #44 for details.
The letters PDF or symbol indicate a document is in the Portable Document Format (PDF). To view the file you will
need the Adobe® Acrobat® Reader, which is available for free from the Adobe web site.
EXHIBIT M
∗Σς −ΘΘΙΗΜΕΞΙ 6ΙΠΙΕΩΙæ 8ΨΙΩΗΕ]ô ïí 2ΣΖΙΘΦΙς îððé
∗Σς ΘΣςΙ ΜΡϑΣςΘΕΞΜΣΡ ΤΠΙΕΩΙ ΓΣΡΞΕΓΞ ΞΛΙ ΣϑϑΜΓΙ Σϑ
ΞΛΙ 10% Ι∴ΙΓΨΞΜΖΙ ΗΜςΙΓΞΣς ΕΞ êìê ëéêóëïðîò
2); 10% 796:)= 7,3;7 7−+2−∗−∋%28 −2∋6)%7)7 −2 ∗36)−+2

0%2+9%+) 789(= %8 9ò7ò ∋300)+)7 %2( 92−:)67−8−)7
0ΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩ ςΜΩΙ ïíû ϑςΣΘ îððîå %ςΕΦΜΓô ΨΤ ïîéûô

ΛΜΞΩ ýïð ΣΡ ΞΛΙ ΘΣΩΞ ΩΞΨΗΜΙΗ ΠΜΩΞå %ΩΜΕΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΚςΣ[Ω ΩΜΚΡΜϑΜΓΕΡΞΠ]
ø2Ι[ =ΣςΟô 2=÷ óó −ΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΕΞ %ΘΙςΜΓΕΡ ΓΣΠΠΙΚΙΩ ΕΡΗ ΨΡΜΖΙςΩΜΞΜΙΩ ΛΕΩ
ΜΡΓςΙΕΩΙΗ ΦςΣΕΗΠ] ΕΡΗ ΩΜΚΡΜϑΜΓΕΡΞΠ] ΩΜΡΓΙ îððîô ΕΓΓΣςΗΜΡΚ ΞΣ Ε ΓΣΘΤςΙΛΙΡΩΜΖΙ ΡΙ[
ΩΨςΖΙ]ô )ΡςΣΠΠΘΙΡΞΩ ΜΡ 0ΕΡΚΨΕΚΙΩ 3ΞΛΙς 8ΛΕΡ )ΡΚΠΜΩΛ ΜΡ 9ΡΜΞΙΗ 7ΞΕΞΙΩ −ΡΩΞΜΞΨΞΜΣΡΩ Σϑ
,ΜΚΛΙς )ΗΨΓΕΞΜΣΡô ∗ΕΠΠ îððêô ςΙΠΙΕΩΙΗ ΞΣΗΕ] Φ] ΞΛΙ 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ Σϑ
%ΘΙςΜΓΕ ø10%÷ ΕΡΗ ϑΨΡΗΙΗ Φ] ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩ (ΙΤΕςΞΘΙΡΞ Σϑ )ΗΨΓΕΞΜΣΡò 8ΛΙ ΩΨςΖΙ]
ϑΣΨΡΗ ΩΜΚΡΜϑΜΓΕΡΞ ΜΡΓςΙΕΩΙΩ ΜΡ ΙΡςΣΠΠΘΙΡΞΩ ΜΡ ΡΙΕςΠ] ΕΠΠ Σϑ ΞΛΙ ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩ
ΩΞΨΗΜΙΗ ΣΡ %ΘΙςΜΓΕΡ ΓΣΠΠΙΚΙ ΓΕΘΤΨΩΙΩò 0ΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩ ΣΡ 9ΡΜΞΙΗ 7ΞΕΞΙΩ
ΓΕΘΤΨΩΙΩ ΕςΙ ΕΞ ΞΛΙΜς ΛΜΚΛΙΩΞ ΩΜΡΓΙ ΞΛΙ ïçêð 10% ΩΨςΖΙ]ò
−ΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΛΕΩ ΦΙΙΡ ΜΡΓςΙΕΩΜΡΚ ΩΞΙΕΗΜΠ] ΩΜΡΓΙ ïççèò ;ΛΜΠΙ ΞΛΙ ΩΞΨΗ] Σϑ
ΞΛΙ ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩô 7ΤΕΡΜΩΛô ∗ςΙΡΓΛô ΕΡΗ +ΙςΘΕΡô ΓΣΡΞΜΡΨΙΩ ΞΣ ΚςΣ[ ΕΡΗ
ΞΣΚΙΞΛΙς ςΙΤςΙΩΙΡΞΩ ΘΣςΙ ΞΛΕΡ éðû Σϑ ΠΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩô ΞΛΙΜς ΗΣΘΜΡΕΡΓΙ ΜΩ ΩΠΣ[Π]
ΗΙΓςΙΕΩΜΡΚ ΜΡ ΞΛΙ ϑΕΓΙ Σϑ ΚςΣ[ΜΡΚ ΜΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙΩ ΩΨΓΛ ΕΩ %ςΕΦΜΓ øΨΤ ïîéû÷ô
∋ΛΜΡΙΩΙ øΨΤ ëïû÷ô ΕΡΗ /ΣςΙΕΡ øΨΤ íéû÷ò )ΡςΣΠΠΘΙΡΞΩ ΜΡ %ΘΙςΜΓΕΡ 7ΜΚΡ 0ΕΡΚΨΕΚΙ
ΜΡΓςΙΕΩΙΗ ΡΙΕςΠ] íðû ϑςΣΘ îððîô ΘΕΟΜΡΚ ΜΞ ΞΛΙ ϑΣΨςΞΛ ΘΣΩΞ ΩΞΨΗΜΙΗ ΠΕΡΚΨΕΚΙ ΣΡ ΓΣΠΠΙΚΙ
ΓΕΘΤΨΩΙΩô ΩΠΜΚΛΞΠ] ΕΛΙΕΗ Σϑ −ΞΕΠΜΕΡò
8ΛΙ ΘΣςΙ ΞΛΕΡ ΗΣΨΦΠΜΡΚ Σϑ %ςΕΦΜΓ ΙΡςΣΠΠΘΙΡΞΩ ΘΣΖΙΗ ΞΛΙ 1ΜΗΗΠΙ )ΕΩΞΙςΡ ΠΕΡΚΨΕΚΙ ΣΡΞΣ
ΞΛΙ ΞΣΤ ïð ΘΣΩΞ ΩΞΨΗΜΙΗ ΠΜΩΞ ϑΣς ΞΛΙ ϑΜςΩΞ ΞΜΘΙò 8ΛΙ ΡΨΘΦΙς Σϑ ΜΡΩΞΜΞΨΞΜΣΡΩ Σϑ ΛΜΚΛΙς
ΠΙΕςΡΜΡΚ ΣϑϑΙςΜΡΚ %ςΕΦΜΓ ΛΕΩ ΡΙΕςΠ] ΗΣΨΦΠΙΗ ΩΜΡΓΙ ΞΛΙ ΠΕΩΞ ΩΨςΖΙ]ô ϑςΣΘ îêì ΜΡ îððî ΞΣ
ìêê %ςΕΦΜΓ ΤςΣΚςΕΘΩ ΣϑϑΙςΙΗ ΜΡ îððêò
♥8ΛΜΩ ΩΜΚΡΜϑΜΓΕΡΞ ΚςΣ[ΞΛ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ô ΕΡΗ ΞΛΙ ΗΜΖΙςΩΜΞ] Σϑ ΠΕΡΚΨΕΚΙΩ ΦΙΜΡΚ ΩΞΨΗΜΙΗô
ΜΩ ΖΙς] ΚΣΣΗ ΡΙ[Ω ϑΣς ΙΗΨΓΕΞΜΣΡ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩô♠ ΩΕΜΗ 6ΣΩΙΘΕς] +ò ∗ΙΕΠô Ι∴ΙΓΨΞΜΖΙ
ΗΜςΙΓΞΣς Σϑ ΞΛΙ 10%ò ♥7ΞΨΗΙΡΞΩ ΜΡΓςΙΕΩΜΡΚΠ] ΩΙΙ ΞΛΙΜς ϑΨΞΨςΙΩ ΞΕΟΜΡΚ ΤΠΕΓΙ ΜΡ Ε
ΘΨΠΞΜΠΜΡΚΨΕΠ [ΣςΠΗô ΕΡΗ ΞΛΙ] [ΕΡΞ ΠΕΡΚΨΕΚΙ ΤςΙΤΕςΕΞΜΣΡ ΞΣ ΛΙΠΤ ΞΛΙΘ ϑΨΡΓΞΜΣΡ ΜΡ ΞΛΕΞ
[ΣςΠΗò 7ΞΨΗΙΡΞΩ ςΙΓΣΚΡΜ⊥Ι ΞΛΕΞ ΛΕΖΜΡΚ ΞΛΙ ΕΦΜΠΜΞ] ΞΣ ϑΨΡΓΞΜΣΡ ΕΓςΣΩΩ ΓΨΠΞΨςΙΩ ΕΡΗ
ΠΕΡΚΨΕΚΙΩ ΜΩ ΕΡ ΙΡΣςΘΣΨΩ ΕΗΖΕΡΞΕΚΙò♠
8ΛΙ ΡΙ[ 10% ΩΨςΖΙ] ΜΡΓΠΨΗΙΩ ΗΕΞΕ ϑςΣΘ îôéçë ΓΣΠΠΙΚΙΩ ΕΡΗ ΨΡΜΖΙςΩΜΞΜΙΩ ΘΙΕΩΨςΜΡΚ
ΙΡςΣΠΠΘΙΡΞΩ ΜΡ ΞΛΙ ΩΞΨΗ] Σϑ îïç ΠΕΡΚΨΕΚΙΩ ΣΞΛΙς ΞΛΕΡ )ΡΚΠΜΩΛô ϑςΣΘ ΞΛΙ ΘΣΩΞ ΤΣΤΨΠΕςô
ΜΡΓΠΨΗΜΡΚ 7ΤΕΡΜΩΛô ∗ςΙΡΓΛ ΕΡΗ +ΙςΘΕΡô ΞΣ ΠΙΩΩ ΓΣΘΘΣΡΠ] ΩΞΨΗΜΙΗ ΠΕΡΚΨΕΚΙΩ ΩΨΓΛ ΕΩ
2ΕΖΕΝΣô ∗ΕςΩΜô ΕΡΗ ;ΙΠΩΛò
1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ Σϑ %ΘΙςΜΓΕ îê &ςΣΕΗ[Ε]ô íςΗ ϑΠΣΣς 2Ι[ =ΣςΟô 2= ïðððìóïéèç êìê ëéêóëððð [[[òΘΠΕòΣςΚ
+ΠΣΦΕΠ (ΙΖΙΠΣΤΘΙΡΞΩ 1Ε] %ϑϑΙΓΞ 0ΕΡΚΨΕΚΙ ∋ΛΣΜΓΙΩ
8ςΙΡΗΩ ΜΡ ΠΕΡΚΨΕΚΙ ΙΡςΣΠΠΘΙΡΞΩ ΕΤΤΙΕς ΞΣ ΘΜςςΣς ΩΜΚΡΜϑΜΓΕΡΞ ΡΕΞΜΣΡΕΠ ΕΡΗ ΚΠΣΦΕΠ

ΗΙΖΙΠΣΤΘΙΡΞΩô ΜΡΓΠΨΗΜΡΚ ΞΛΙ ςΜΩΙ Σϑ %ΩΜΕΡ ΙΓΣΡΣΘΜΙΩô ΞΛΙ ΩΞΙΕΗ] ΜΡΓςΙΕΩΙ Σϑ 7ΤΕΡΜΩΛó
ΩΤΙΕΟΜΡΚ ςΙΩΜΗΙΡΞΩ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩô ΕΡΗ ΓΣΡΓΙςΡΩ ΕΦΣΨΞ ΞΛΙ ΚΕΤΩ ΜΡ ΨΡΗΙςΩΞΕΡΗΜΡΚ
ΦΙΞ[ΙΙΡ )ΡΚΠΜΩΛó ΕΡΗ %ςΕΦΜΓóΩΤΙΕΟΜΡΚ ΩΣΓΜΙΞΜΙΩò
∗ςΣΘ îððî ΞΣ îððêô ΞΛΙ ΙΡςΣΠΠΘΙΡΞΩ ΜΡ ïï Σϑ ΞΛΙ ïë ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩ ΚςΙ[ ϑΕΩΞΙς
ΞΛΕΡ ΞΛΙ ΣΖΙςΕΠΠ êòîû ΜΡΓςΙΕΩΙ ΜΡ ΞΛΙ ΡΨΘΦΙς Σϑ ΓΣΠΠΙΚΙ ΩΞΨΗΙΡΞΩ ΗΨςΜΡΚ ΞΛΕΞ ΤΙςΜΣΗò
8ΛΙ ΘΣΩΞ ΤΣΤΨΠΕς ΠΕΡΚΨΕΚΙΩ ΣΡ ΓΣΠΠΙΚΙ ΓΕΘΤΨΩΙΩ ΜΡ ϑΕΠΠ îððê [ΙςΙæ
0ΕΡΚΨΕΚΙ )ΡςΣΠΠΘΙΡΞΩ û Σϑ %ΠΠ 0ΕΡΚΨΕΚΙ −ΡΓςΙΕΩΙ ΩΜΡΓΙ îððî

)ΡςΣΠΠΘΙΡΞΩ
ï÷ 7ΤΕΡΜΩΛ èîîôçèë ëîòîû õ ïðòíû

î÷ ∗ςΙΡΓΛ îðêôìîê ïíòïû õ îòîû
í÷ +ΙςΘΕΡ çìôîêì êòðû õ íòëû
ì÷ %ΘΙςΜΓΕΡ 7ΜΚΡ
0ΕΡΚΨΕΚΙ éèôèîç ëòðû õ îçòéû
ë÷ −ΞΕΠΜΕΡ éèôíêè ëòðû õ îîòêû
ê÷ .ΕΤΕΡΙΩΙ êêôêðë ìòîû õ îéòëû
é÷ ∋ΛΜΡΙΩΙ ëïôëèî íòíû õ ëïòðû
è÷ 0ΕΞΜΡ íîôïçï îòðû õ éòçû
ç÷ 6ΨΩΩΜΕΡ îìôèìë ïòêû õ íòçû
ïð÷ %ςΕΦΜΓ îíôçéì ïòëû õïîêòëû
ïï÷ %ΡΓΜΙΡΞ +ςΙΙΟ îîôèìç ïòìû õ ïîòïû
ïî÷ &ΜΦΠΜΓΕΠ ,ΙΦςΙ[ ïìôïìð ðòçû ó ðòíû
ïí÷ 4ΣςΞΨΚΨΙΩΙ ïðôîêé ðòéû õ îîòìû
ïì÷ 1ΣΗΙςΡ ,ΙΦςΙ[ çôêïî ðòêû õ ïïòëû
ïë÷ /ΣςΙΕΡ éôïìë ðòëû õ íéòïû
8ΛΙ 10% ΩΨςΖΙ] ΕΠΩΣ ϑΣΨΡΗ Ε íïòîû ΜΡΓςΙΕΩΙ ΜΡ ΞΛΙ ΡΨΘΦΙς Σϑ ΠΕΡΚΨΕΚΙΩ ΣΨΞΩΜΗΙ ΞΛΙ
ΞΣΤ ïë øΟΡΣ[Ρ ΕΩ ΠΙΩΩ ΓΣΘΘΣΡΠ] ΞΕΨΚΛΞ ΠΕΡΚΨΕΚΙΩô Σς 0∋80Ω÷ ΦΙΜΡΚ ΣϑϑΙςΙΗ ϑΣς ΩΞΨΗ]ò
8ΛΙΩΙ 0∋80Ω ΜΡΓΠΨΗΙ ΠΕΡΚΨΕΚΙΩ ΩΨΓΛ ΕΩ 7[ΕΛΜΠΜô 4ΙςΩΜΕΡô ,ΜΡΗΜô ΕΡΗ ∋ΕΞΕΠΕΡò % ΞΣΞΕΠ Σϑ
îðì 0∋80Ω [ΙςΙ ΣϑϑΙςΙΗ ϑΣς ΩΞΨΗ] ΣΡ %ΘΙςΜΓΕΡ ΓΕΘΤΨΩΙΩ ΜΡ îððêô ΨΤ ϑςΣΘ ïêî ΣϑϑΙςΙΗ
ΜΡ îððîò 8ΛΙ ΠΕςΚΙΩΞ ΜΡΓςΙΕΩΙΩ ΜΡ 0∋80Ω [ΙςΙ ϑΣΨΡΗ ΜΡ 1ΜΗΗΠΙ )ΕΩΞΙςΡ ΕΡΗ %ϑςΜΓΕΡ
ΠΕΡΚΨΕΚΙΩô [ΛΙςΙ ΙΡςΣΠΠΘΙΡΞΩ ΚςΙ[ Φ] ëëòçû ΦΙΞ[ΙΙΡ îððî ΕΡΗ îððêò
9ΡΜΞΙΗ 7ΞΕΞΙΩ 0ΕΡΚΨΕΚΙ 7ΞΨΗ] 7ΞΜΠΠ ∗Ες 7ΛΣςΞ Σϑ ,ΜΩΞΣςΜΓ ,ΜΚΛΩ
;ΛΜΠΙ ΜΡΞΙςΙΩΞ ΜΡ ΠΕΡΚΨΕΚΙ ΩΞΨΗ] ΜΩ ΛΜΚΛô ΞΛΙ ΓΨςςΙΡΞ ςΕΞΙ Σϑ èòê ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙ
ΙΡςΣΠΠΘΙΡΞΩ ΤΙς ïðð ΞΣΞΕΠ ΩΞΨΗΙΡΞ ΙΡςΣΠΠΘΙΡΞΩ ΜΩ ΩΞΜΠΠ [ΙΠΠ ΩΛΣςΞ Σϑ ΞΛΙ ïçêë ςΕΞΙ Σϑ ïêòë
ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙ ΙΡςΣΠΠΘΙΡΞΩ ΤΙς ïðð ΞΣΞΕΠ ΩΞΨΗΙΡΞ ΙΡςΣΠΠΘΙΡΞΩô [ΛΜΓΛ [ΕΩ ΞΛΙ ΛΜΚΛΙΩΞ
ςΕΞΙ ςΙΓΣςΗΙΗ ΜΡ ΞΛΙ ϑΣςΞ]óΙΜΚΛΞ ]ΙΕςΩ ΞΛΕΞ ΞΛΙ 10% ΛΕΩ ΓΣΡΗΨΓΞΙΗ ΞΛΜΩ ΩΨςΖΙ]ò
∗Σς ΞΛΙ ϑΜςΩΞ ΞΜΘΙô ΞΛΙ îððê 10% ΩΨςΖΙ] ΕΠΩΣ ΓΣΘΤΕςΙΗ ΙΡςΣΠΠΘΙΡΞ ϑΜΚΨςΙΩ ϑΣς
ΜΡΞςΣΗΨΓΞΣς] øϑΜςΩΞó ΕΡΗ ΩΙΓΣΡΗó]ΙΕς÷ ΖΙςΩΨΩ ΕΗΖΕΡΓΙΗ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ò 7ΞΨΗΙΡΞΩ ΕςΙ
î
ΡΙΕςΠ] ϑΜΖΙ ΞΜΘΙΩ ΘΣςΙ ΠΜΟΙΠ] ΞΣ ΦΙ ΙΡςΣΠΠΙΗ ΜΡ Ε ϑΜςΩΞó Σς ΩΙΓΣΡΗó]ΙΕς ΓΣΨςΩΙ ΞΛΕΡ ΜΡ
ΕΗΖΕΡΓΙΗ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ò ;ΛΜΠΙ ΜΡΓςΙΕΩΜΡΚ ΡΨΘΦΙςΩ ΕΡΗ ΤςΣΤΣςΞΜΣΡΩ Σϑ ΩΞΨΗΙΡΞΩ ΕςΙ
ΞΕΟΜΡΚ ΜΡΞςΣΗΨΓΞΣς] ΠΕΡΚΨΕΚΙ ΓΠΕΩΩΙΩô ΞΛΙ ΘΕΝΣςΜΞ] ΗΣ ΡΣΞ ΤΨςΩΨΙ ΞΛΙ ΕΗΖΕΡΓΙΗ ΩΞΨΗ]
ΡΙΓΙΩΩΕς] ΞΣ ΕΓΛΜΙΖΙ ϑΠΨΙΡΓ]ò
♥;Ι ΕςΙ ΩΞΜΠΠ Ε ΠΣΡΚ [Ε] ϑςΣΘ Ε ΚΣΠΗΙΡ ΕΚΙ Σϑ ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ô [ΛΙΡ ϑΠΨΙΡΓ] ΜΡ ϑΣςΙΜΚΡ
ΠΕΡΚΨΕΚΙΩ ΜΩ ΩΙΙΡ ΕΩ Ε ΟΙ] ΤΕςΞ Σϑ Ε ΓΣΠΠΙΚΙ ΙΗΨΓΕΞΜΣΡô♠ ΡΣΞΙΗ 1ΜΓΛΕΙΠ ,ΣΠΥΨΜΩΞô
ΤςΙΩΜΗΙΡΞ Σϑ ΞΛΙ 10%ò ♥,ΜΚΛΙς ΙΗΨΓΕΞΜΣΡ ΞΣΗΕ] ΜΩ ΣϑϑΙςΜΡΚ ΩΞΨΗΙΡΞΩ ΘΣςΙ ΕςΙΕΩ Σϑ ΩΞΨΗ]ô
ΠΜΟΙ ΜΡϑΣςΘΕΞΜΣΡ ΞΙΓΛΡΣΠΣΚ]ò ;Ι ΕςΙ ΙΡΓΣΨςΕΚΙΗ ΞΣ ΩΙΙ ΞΛΕΞ ΜΡ ΞΛΜΩ ΩΞΜΘΨΠΕΞΜΡΚ
ΙΗΨΓΕΞΜΣΡΕΠ ΙΡΖΜςΣΡΘΙΡΞô ΩΞΨΗΙΡΞΩ ΕςΙ ΜΡΓςΙΕΩΜΡΚΠ] ςΙΓΣΚΡΜ⊥ΜΡΚ ΞΛΙ ΜΘΤΣςΞΕΡΓΙ Σϑ
ΠΕΡΚΨΕΚΙ ΩΞΨΗ]ò♠
1ΙΞΛΣΗΣΠΣΚ]
8ΛΙ ΩΨςΖΙ] ςΙΤΣςΞΩ ΜΡϑΣςΘΕΞΜΣΡ ϑςΣΘ ççòèû øîôéçë÷ Σϑ ΞΛΙ îôèðï ΕΓΓςΙΗΜΞΙΗô ΡΣΞóϑΣςó
ΤςΣϑΜΞô %%óô &%óô 1%óô ΕΡΗ 4Λ(óΚςΕΡΞΜΡΚ ΓΣΠΠΙΚΙΩ ΕΡΗ ΨΡΜΖΙςΩΜΞΜΙΩ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩ
ΞΛΕΞ ςΙΚΨΠΕςΠ] ΞΙΕΓΛ ΠΕΡΚΨΕΚΙΩò 6ΙΚΜΩΞςΕςΩ ΕΡΗ ΣΞΛΙς ΩΓΛΣΣΠ ςΙΤςΙΩΙΡΞΕΞΜΖΙΩ [ΙςΙ
ΓΣΡΞΕΓΞΙΗ Φ] ΞΛΙ 10% Φ] ΘΕΜΠô ΞΙΠΙΤΛΣΡΙô ΕΡΗ ΙóΘΕΜΠò 8ΛΙ 10% ΗΕΞΕΦΕΩΙ [ΕΩ
ΩΨΤΤΠΙΘΙΡΞΙΗ [ΜΞΛ ΜΡϑΣςΘΕΞΜΣΡ ϑςΣΘ ΞΛΙ 2ΕΞΜΣΡΕΠ ∋ΙΡΞΙς ϑΣς )ΗΨΓΕΞΜΣΡ 7ΞΕΞΜΩΞΜΓΩ ΞΣ
ΙΡΩΨςΙ ΞΛΕΞ ΕΠΠ ΙΠΜΚΜΦΠΙ ΜΡΩΞΜΞΨΞΜΣΡΩ [ΙςΙ ΕΓΓΣΨΡΞΙΗ ϑΣςò 6ΙΩΤΣΡΩΙΩ ΓΕΘΙ ϑςΣΘ çêê Ξ[Σó
]ΙΕς ΓΣΠΠΙΚΙΩ ΕΡΗ ïôèîç ϑΣΨςó]ΙΕς ΜΡΩΞΜΞΨΞΜΣΡΩò
8ΛΙ ΩΨςΖΙ] ΘΙΕΩΨςΙΩ ΙΡςΣΠΠΘΙΡΞΩô ΡΣΞ ΞΛΙ ΡΨΘΦΙς Σϑ ΩΞΨΗΙΡΞΩ ΩΞΨΗ]ΜΡΚ Ε ΠΕΡΚΨΕΚΙ
ΣΞΛΙς ΞΛΕΡ )ΡΚΠΜΩΛò 7ΜΡΓΙ ΣΡΙ ΩΞΨΗΙΡΞ ΘΕ] ΙΡςΣΠΠ ΜΡ ΘΣςΙ ΞΛΕΡ ΣΡΙ ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙô Ε
ΩΜΡΚΠΙ ΩΞΨΗΙΡΞ ΘΕ] ΦΙ ΓΣΨΡΞΙΗ ΘΣςΙ ΞΛΕΡ ΣΡΓΙò 8ΛΙ ςΕΞΜΣ Σϑ ΠΕΡΚΨΕΚΙ ΓΣΨςΩΙ
ΙΡςΣΠΠΘΙΡΞΩ ΞΣ ΞΣΞΕΠ ΩΞΨΗΙΡΞΩ ΜΩô ΛΣ[ΙΖΙςô Ε ϑΜΚΨςΙ ΞΛΕΞô ΣΖΙς ΞΜΘΙô ΓΕΡ ΩΙςΖΙ ΕΩ ΕΡ
ΜΘΤΣςΞΕΡΞ ΜΡΗΜΓΕΞΣς Σϑ ΩΞΨΗΙΡΞ ΜΡΞΙςΙΩΞ ΜΡ ΞΛΙ ΩΞΨΗ] Σϑ ΠΕΡΚΨΕΚΙΩò
%ΦΣΨΞ ΞΛΙ 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ
∗ΣΨΡΗΙΗ ΜΡ ïèèíô ΞΛΙ 1ΣΗΙςΡ 0ΕΡΚΨΕΚΙ %ΩΩΣΓΜΕΞΜΣΡ Σϑ %ΘΙςΜΓΕ ΤςΣΖΜΗΙΩ ΣΤΤΣςΞΨΡΜΞΜΙΩ

ϑΣς ΜΞΩ ΘΙΘΦΙςΩ ΞΣ ΩΛΕςΙ ΞΛΙΜς ΩΓΛΣΠΕςΠ] ϑΜΡΗΜΡΚΩ ΕΡΗ ΞΙΕΓΛΜΡΚ Ι∴ΤΙςΜΙΡΓΙΩ [ΜΞΛ
ΓΣΠΠΙΕΚΨΙΩ ΕΡΗ ΞΣ ΗΜΩΓΨΩΩ ΞςΙΡΗΩ ΜΡ ΞΛΙ ΕΓΕΗΙΘ]ò ∗Σς ΣΖΙς Ε ΛΨΡΗςΙΗ ]ΙΕςΩô ΘΙΘΦΙςΩ
ΛΕΖΙ [ΣςΟΙΗ ΞΣ ΩΞςΙΡΚΞΛΙΡ ΞΛΙ ΩΞΨΗ] ΕΡΗ ΞΙΕΓΛΜΡΚ Σϑ ΠΕΡΚΨΕΚΙ ΕΡΗ ΠΜΞΙςΕΞΨςΙò 10%
ΘΙΘΦΙςΩ ΩΨΩΞΕΜΡ ΣΡΙ Σϑ ΞΛΙ ϑΜΡΙΩΞ ΤΨΦΠΜΩΛΜΡΚ ΤςΣΚςΕΘΩ ΜΡ ΞΛΙ ΛΨΘΕΡΜΞΜΙΩò
8ΛΙ 10% 0ΕΡΚΨΕΚΙ 1ΕΤ ø[[[òΘΠΕòΣςΚñΘΕΤΧΘΕΜΡ÷ ΕΡΗ ΜΞΩ (ΕΞΕ ∋ΙΡΞΙς ΤςΣΖΜΗΙ
ΜΡϑΣςΘΕΞΜΣΡ ΕΦΣΨΞ ΘΣςΙ ΞΛΕΡ ìéôðððôððð ΤΙΣΤΠΙ ΜΡ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩ [ΛΣ ΩΤΙΕΟ
ΠΕΡΚΨΕΚΙΩ ΣΞΛΙς ΞΛΕΡ )ΡΚΠΜΩΛ ΕΞ ΛΣΘΙò
8ΛΙ 10% [ΙΙΟΠ] ςΕΗΜΣ ΤςΣΚςΕΘô ;ΛΕΞ←Ω ΞΛΙ ;ΣςΗ#ô ΓΕΡ ΦΙ ΛΙΕςΗ ΣΡ ΘΣςΙ ΞΛΕΡ ïêð
ςΕΗΜΣ ΩΞΕΞΜΣΡΩ ΕΓςΣΩΩ ΞΛΙ 9ΡΜΞΙΗ 7ΞΕΞΙΩò 8ΛΙ îððé 10% %ΡΡΨΕΠ ∋ΣΡΖΙΡΞΜΣΡ [ΜΠΠ ΦΙ ΛΙΠΗ
ΜΡ ∋ΛΜΓΕΚΣô îé♣íð (ΙΓΙΘΦΙςò
∗Σς ΘΣςΙ ΜΡϑΣςΘΕΞΜΣΡ ΕΦΣΨΞ ΞΛΙ 10%ô ΤΠΙΕΩΙ ΖΜΩΜΞ ΣΨς ;ΙΦ ΩΜΞΙ ø[[[òΘΠΕòΣςΚ÷ò
ýýý
í
EXHIBIT N
Foreign Language Enrollments
in United States Institutions of
Higher Education, Fall 2002
Elizabeth B. Welles
IN SEPTEMBER 2003 the MLA finished compiling This year for the first time, survey participants
the figures from its fall 2002 survey of foreign lan- were able to respond on the World Wide Web us-
guage enrollments in United States institutions of ing an interface designed for the collection of the
higher education. This latest survey is the twentieth survey data. Of the responses monitored and en-
in a series conducted since 1958 with the support of tered into our database, 28.7% were made on the
grants from the United States Department of Educa- Web site, 50.9% were made on a return postcard,
tion (or from its predecessor, the United States Office and 20.4% were made in follow-up phone calls.
of Education). The following report presents fall 2002 The Web site was designed to tell us whether en-
enrollments for individual languages and examines rollments had been previously reported for an insti-
trends through time. tution and for what specific languages. This feature
Using procedures developed for previous surveys, helped make the survey more accurate, ensuring a
the MLA sent a questionnaire to the registrars of higher level of consistency in the data reported by
2,781 two- and four-year institutions, soliciting infor- the participating institutions, whose particular indi-
mation on credit-bearing enrollments for fall 2002 in vidual respondents change from survey to survey.
all language courses other than English. Although The user-friendly design of the Web interface also
the instructions on the questionnaire made it clear made it easier for the MLA survey administrator
that the survey was seeking information on all lan- to keep track of additional information about lan-
guage courses offered on the campuses of these insti- guage offerings. It instantly displayed comparisons
tutions, the MLA has no way of knowing whether between the numbers of programs offered in 1998
the registrars in all cases provided complete informa- and those being reported for 2002. This display led
tion. The questionnaire was not mailed until mid- to follow-up questions about the addition and sub-
October 2002, to ensure that the figures provided traction of specific language offerings and about
would be final (or nearly so) rather than preliminary. the reasons for those changes. For example, we
A second mailing was sent in early December, a third asked institutions that reported enrollments in a
in mid-February 2003, and a series of follow-up tele- specific language in 1998 but not in 2002 whether
phone calls was begun in April. the language was still listed in the catalog; those
All but 12 of the institutions receiving the initial that had enrollments in a language in 2002 but not
survey mailing, or 99.6%, eventually responded—the in 1998 were asked if they were reporting about a
highest response rate in the history of the MLA’s enroll- new program.
ment surveys. Among the 2,769 respondents, 2,519, or
91.0%, reported having fall 2002 enrollments in at least
one language other than English. Of the responses, The author is former Director of Foreign Language Programs
1,068, or 38.6%, are from two-year colleges, and 1,701 and ADFL at the Modern Language Association.
are from four-year institutions. No language courses
other than English were offered by 7.6% of the four- ADFL Bulletin, Vol. 35, Nos. 2–3, Winter-Spring 2004
year institutions and 11.3% of the two-year colleges. © 2004 by the association of departments of foreign languages
8 • Foreign Language Enrollments in United States Institutions of Higher Education, Fall 2002
Fall 2002 Enrollments they are now 9.8% more than the previous high in
1990. Graduate enrollments declined 15.2% from
Tables 1a and 1b compare the fall 2002 enroll- 1995 to 1998 but increased 11.9% from 1998 to 2002.
ments in the fifteen most commonly taught lan- They have fluctuated in a range of 5,000 students
guages with those in 1998, the year of the most since 1983 and have not yet returned to the high of
recent previous survey. In table 1a, the languages are 1974 (see table 2c).
listed in descending order of fall 2002 enrollment Foreign language enrollments in two-year colleges
totals; in table 1b they are listed alphabetically. The underwent a growth spurt of 40.2% between 1986
tables also show an aggregate count for the 147 and 1990 and have risen continuously since: 3.6% in
other languages for which enrollment data were 1995, 8.8% in 1998, and 36.0% in 2002. The student
reported in 2002. Enrollments for those other lan- population in two-year colleges increased 12.0% from
guages appear in table 8. As tables 1a and 1b show, 1986 to 1990 and 4.8% between 1990 and 1995, de-
the total of foreign language enrollments for 2002 creased 0.1% between 1995 and 1998, and increased
exceeded that for 1998 by 17.0%. It is the highest 8.6% between 1998 and 2002.1 Of the 1,068 two-year
total recorded since the beginning of the MLA sur- colleges included in our survey, 947 reported enroll-
veys (see fig. 1). ments in 2002 (37.6% of all institutions), accounting
The list of the fifteen more commonly taught lan- for 45.6% of the total growth for all enrollments re-
guages shows clear groupings: Spanish is far ahead; gardless of level or institution type. From 1998 to
then come French and German; then Italian, Amer- 2002, Spanish increased 22.9%, almost twice the in-
ican Sign Language (ASL), and Japanese; then
crease in Spanish for the total survey. Spanish now
Chinese, Latin, Russian, and ancient Greek; then
represents 63.0% of all two-year college language en-
biblical Hebrew, Arabic, Modern Hebrew, Portu-
rollments, a drop from 1998 when it represented
guese, and Korean. For the first time since 1968, all
69.7%. Community college enrollments in ASL,
show increases in enrollments. ASL’s increase at
which accounted for 78.9% of the overall ASL total
432.2% is more than four times that of any other
in 1995 and 61.3% in 1998, increased by 457.6% be-
language. Next is Arabic at 92.3%; biblical Hebrew
tween 1998 and 2002 and now represent 64.2% of the
at 55.9%; Italian at 29.6%; Japanese, Chinese, an-
overall ASL total.
cient Greek, Modern Hebrew, and Portuguese at
between 20% and 30%; and Spanish, Latin, and Ko- Tables 3a and 3b show the regional distribution of
rean at between 10% and 17%. French, German, language study in the United States. Whereas total
and Russian showed an increase under 3% and thus enrollments and four-year and graduate enrollments
can be said to have had stable enrollments from are highest in the Northeast, Midwest, and South
1998 to 2002. Atlantic regions, two-year college enrollments are
overwhelmingly on the Pacific Coast. Appendix A
shows sixteen languages and their enrollments by
Foreign Language Enrollments by Undergraduates region. The study of Italian and Hebrew resides pri-
in Two- and Four-Year Colleges and by Graduates marily in the Northeast. The study of the Asian lan-
in Universities guages Chinese, Japanese, Korean, and Vietnamese
takes place primarily on the Pacific Coast. The study
Tables 2a and 2b show enrollments of undergradu- of Spanish is fairly evenly distributed nationally,
ate and graduate students; two-year and four-year with slightly higher concentrations found in the Mid-
institutions further define the undergraduate popula- west and South Atlantic. Arabic is also very evenly
tion. Undergraduate enrollments at four-year institu- distributed, with an enrollment concentration of
tions, which had declined 6.2% from 1990 to 1995, about 21% in the four most populated regions of the
rose 4.6% in 1998 and rose another 11.8% in 2002; United States.
Elizabeth B. Welles • 9
Table 1a Table 1b
Fall 1998 and 2002 Foreign Language Enrollments Fall 1998 and 2002 Foreign Language Enrollments
in United States Institutions of Higher Education in United States Institutions of Higher Education
(Languages in Descending Order of 2002 Totals) (Languages in Alphabetical Order)
Percentage Percentage
Language 1998 2002 Change Language 1998 2002 Change
Spanish 656,590 746,267 13.7 American Sign

French 199,064 201,979 1.5 Language 11,420 60,781 432.2
German 89,020 91,100 2.3 Arabic 5,505 10,584 92.3
Italian 49,287 63,899 29.6 Chinese 28,456 34,153 20.0
American Sign French 199,064 201,979 1.5
Language 11,420 60,781 432.2 German 89,020 91,100 2.3
Japanese 43,141 52,238 21.1 Ancient Greek 16,402 20,376 24.2
Chinese 28,456 34,153 20.0 Biblical Hebrew 9,099 14,183 55.9
Latin 26,145 29,841 14.1 Modern Hebrew 6,734 8,619 28.0
Russian 23,791 23,921 0.5 Italian 49,287 63,899 29.6
Ancient Greek 16,402 20,376 24.2 Japanese 43,141 52,238 21.1
Biblical Hebrew 9,099 14,183 55.9 Korean 4,479 5,211 16.3
Arabic 5,505 10,584 92.3 Latin 26,145 29,841 14.1
Modern Hebrew 6,734 8,619 28.0 Portuguese 6,926 8,385 21.1
Portuguese 6,926 8,385 21.1 Russian 23,791 23,921 0.5
Korean 4,479 5,211 16.3 Spanish 656,590 746,267 13.7
Other languages 17,771 25,716 44.7 Other languages 17,771 25,716 44.7
Total 1,193,830 1,397,253 17.0 Total 1,193,830 1,397,253 17.0
Figure 1
Foreign Language Enrollments by Year, Excluding Latin and Ancient Greek
1,400,000
1,347,036
1,300,000
1,200,000
1,151,283
1,138,880
1,100,000 1,073,097 1,067,217 1,096,603
1,000,000
975,777 963,930
960,588
900,000 922,439
897,077
883,222 877,691
800,000
700,000
600,000 608,749
500,000
1960 1965 1968 1970 1972 1974 1977 1980 1983 1986 1990 1995 1998 2002
Table 2a
Foreign Language Enrollments by Undergraduate Students in Four-Year Colleges and by Graduate Students
(Languages in Descending Order of 2002 Totals)
Undergraduates Graduates Undergraduates and Graduates
Language 1995 1998 2002 1995 1998 2002 1995 1998 2002
Spanish 432,133 468,040 515,688 10,936 9,046 9,950 443,069 477,086 525,638
French 168,027 164,407 162,705 6,809 4,850 4,605 174,836 169,257 167,310
German 80,393 74,437 75,987 4,181 2,938 2,803 84,574 77,375 78,790
Italian 36,287 41,216 51,750 1,043 925 1,047 37,330 42,141 52,797
Japanese 33,888 32,588 38,545 1,406 1,334 930 35,294 33,922 39,475
Latin 24,030 24,411 27,695 1,040 894 1,045 25,070 25,305 28,740
Chinese 20,966 22,472 26,914 1,042 1,220 934 22,008 23,692 27,848
American Sign Language 852 4,254 21,613 58 163 121 910 4,417 21,734
Russian 21,305 20,541 20,208 1,424 964 770 22,729 21,505 20,978
Hebrew* 8,860 11,740 16,651 3,448 3,560 5,551 12,308 15,300 22,202
Ancient Greek 11,666 11,738 14,044 4,385 4,471 6,033 16,051 16,209 20,077
Arabic 3,807 3,902 8,194 441 445 531 4,248 4,347 8,725
Portuguese 5,359 5,958 6,945 710 488 487 6,069 6,446 7,432
Korean 2,943 3,546 4,045 231 309 111 3,174 3,855 4,156
Other languages 12,877 14,254 19,257 1,523 1,196 1,797 14,400 15,450 21,054
Total 863,393 903,504 1,010,241 38,677 32,803 36,715 902,070 936,307 1,046,956
Percentage Change – 4.6 11.8 – –15.2 11.9 – 3.8 11.8
*Modern and biblical Hebrew combined
Table 2b
Foreign Language Enrollments by Students in Two-Year Colleges (Languages in Descending Order of 2002 Totals)
Percentage Change Percentage Change
1986 1990 1995 1998 2002 between 1998 and 2002 between 1986 and 2002
Spanish 89,491 133,823 163,217 179,504 220,629 22.9 146.5

American Sign Language 0 1,140 3,394 7,003 39,047 457.6 –
French 39,818 44,366 30,515 29,807 34,669 16.3 –12.9
Japanese 4,835 10,308 9,429 9,219 12,763 38.4 164.0
German 15,399 19,082 11,689 11,645 12,310 5.7 –20.1
Italian 6,303 8,325 6,430 7,146 11,102 55.4 76.1
Chinese 2,105 3,506 4,463 4,764 6,305 32.3 199.5
Russian 1,596 3,472 2,000 2,286 2,943 28.7 84.4
Arabic 354 423 196 1,158 1,859 60.5 425.1
Vietnamese 56 169 489 385 1,185 207.8 2,016.1
Latin 497 909 827 840 1,101 31.1 121.5
Korean 0 141 169 624 1,055 69.1 –
Portuguese 289 365 462 480 953 98.5 229.8
Hawai‘ian 199 299 635 645 667 3.4 235.2
Hebrew* 697 786 819 533 600 12.6 –13.9
Ancient Greek 245 283 221 193 299 54.9 22.0
Other languages 997 1,023 1,747 1,291 2,810 117.7 181.8
Total 162,881 228,420 236,702 257,523 350,297 36.0 115.1
Percentage Change – 40.2 3.6 8.8 36.0
Hebrew and ancient Greek are not commonly taught at the two-year level but are included here for comparison with table 2a.
*Modern and biblical Hebrew combined
Table 2c
Total Foreign Language Enrollments by Student
Status, 1974–2002
Students in Students in
Two-Year Four-Year Graduate
Colleges Colleges Students
1974 154,466 750,277 41,892

1983 164,411 769,444 35,158
1986 162,881 807,084 33,269
1990 228,420 920,092 35,628
1995 236,702 863,393 38,677
1998 257,523 903,504 32,803
2002 350,297 1,010,241 36,715
Table 3a
United States Geographic Distribution of 2002
Language Enrollments
Percentage
Number of National
Northeast 302,875 21.7

Midwest 304,366 21.8
South Atlantic 293,736 21.0
South Central 138,884 9.9
Rocky Mountain 104,323 7.5
Pacific Coast 253,069 18.1
National (total) 1,397,253 100.0
Table 3b
United States Geographic Distribution of 2002 Language Enrollments by Level
Two-Year Percentage Four-Year Percentage Percentage
Colleges of National Colleges of National Graduate of National
Northeast 45,360 12.9 249,018 24.6 8,497 23.1

Midwest 45,648 13.0 250,162 24.8 8,556 23.3
South Atlantic 54,891 15.7 230,377 22.8 8,468 23.1
South Central 36,759 10.5 98,696 9.8 3,429 9.3
Rocky Mountain 36,037 10.3 66,134 6.5 2,152 5.9
Pacific Coast 131,602 37.6 115,854 11.5 5,613 15.3
National (total) 350,297 100.0 1,010,241 100.0 36,715 100.0
States included in each region:

Northeast: CT, DE, MA, ME, NH, NJ, NY, PA, RI, VT
Midwest: IA, IL, IN, KS, MI, MN, MO, ND, NE, OH, SD, WI
South Atlantic: AL, DC, FL, GA, KY, MD, NC, SC, TN, VA, WV
South Central: AR, LA, MS, OK, TX
Rocky Mountain: AZ, CO, ID, MT, NM, NV, UT, WY
Pacific Coast: AK, CA, HI, OR, WA
Trends in Language Enrollments centage of the total language enrollment count for
the fourteen most commonly taught languages (Latin
Figure 1 shows trends through time in total foreign and ancient Greek included). Spanish is and has
language enrollments: the steep growth in the 1960s, been the most widely taught language in colleges and
the decrease in the 1970s, and the steady rise through universities since 1970, and it continues to account
the 1980s. During the 1990s, enrollments continued for more than half (53.4%) of all enrollments, a fact
to ascend, dipped in 1995, and reached an all-time first recorded in our 1995 survey. The next largest
high in fall 2002. This growth is tempered by the fact grouping, French and German, represents 21.0% of
that total college enrollments have increased at a students studying languages other than English. Ital-
greater rate than foreign language enrollments; the ian, ASL, Japanese, Chinese, and Latin together
difference in the two rates of increase is shown in make up 17.2%. A fourth grouping of languages, each
table 4. Between 1977 and 1998, as the increase in representing between 1% and 2% of the total, com-
the number of college students leveled off, the propor- prises Russian, Hebrew, and ancient Greek; together
tion of enrollments in modern foreign languages re- they account for 4.8% of all language students. The
mained stable, ranging from the 1980 low of 7.3 per languages that have enrollments lower than 1% in
hundred students to the high in 1990 of 8.2. In our some cases show very dramatic increases but still ac-
2002 survey the proportion of modern foreign lan- count for a very small percentage of students studying
guage enrollments per 100 institutional enrollments languages. Korean, Arabic, and Portuguese, which in-
rose to 8.6, a moderate proportion but the highest in dividually grew significantly from the previous survey,
the history of MLA surveys since 1977. account for only 1.8% of total enrollments.
Table 5 presents trends in enrollments in the twelve Since their high points in 1968, French has lost
most commonly taught foreign languages (Latin and 48.0% of its total enrollments and German 57.9%, but
ancient Greek excluded) between 1960 and 2002, each seems to have stabilized in the last four years, with
and the enrollment growth or decline for each lan- slight increases in both languages in comparison with
guage over selected periods. Table 6 gives the per- the 1998 survey. Between 1970 and 2002 Japanese
Table 4
Modern Foreign Language (MFL) Enrollments Compared with Enrollments in Higher Education, 1960–2002
Total United States Index of Index of MFL Enrollments
*College Enrollments* **Growth (%)** ***MFL Enrollments*** Growth (%) per 100 Overall
1960 3,789,000 100.0 608,749 100.0 16.1

1965 5,920,864 156.3 975,777 160.3 16.5
1968 7,513,091 198.3 1,073,097 176.3 14.3
1970 8,580,887 226.5 1,067,217 175.3 12.4
1972 9,214,820 243.2 963,930 158.3 10.5
1977 11,285,787 297.9 883,222 145.1 7.8
1980 12,096,895 319.3 877,691 144.2 7.3
1983 12,464,661 329.0 922,439 151.5 7.4
1986 12,503,511 330.0 960,588 157.8 7.7
1990 13,818,637 364.7 1,138,880 187.1 8.2
1995 14,261,781 376.4 1,096,603 180.1 7.7
1998 14,507,000 382.9 1,151,283 189.1 7.9
2002 15,608,000 411.9 1,347,036 221.3 8.6
***The figures in the first column are taken from the Digest of Education Statistics.
***The 1960 and 2002 figures are estimates. The 2002 figure is taken from a projections table on the National Center for Education
Statistics Web site (nces.ed.gov/pubs2002/proj2012/Table_11_2.asp).
***For index figures, 1960=100.0%
***Includes all languages listed in tables 1 and 2 except Latin and ancient Greek.
Table 5
Enrollments in the Twelve Leading Foreign Languages (Excluding Latin and Ancient Greek) in Selected
Years, with Percentage Changes
Enrollments
1960 1970 1980 1990 1995 1998 2002
Spanish 178,689 389,150 379,379 533,944 606,286 656,590 746,267

French 228,813 359,313 248,361 272,472 205,351 199,064 201,979
German 146,116 202,569 126,910 133,348 96,263 89,020 91,100
Italian 11,142 34,244 34,791 49,699 43,760 49,287 63,899
American Sign Language – – – 1,602 4,304 11,420 60,781
Japanese 1,746 6,620 11,506 45,717 44,723 43,141 52,238
Chinese 1,844 6,238 11,366 19,490 26,471 28,456 34,153
Russian 30,570 36,189 23,987 44,626 24,729 23,791 23,921
Hebrew* 3,834 16,567 19,429 12,995 13,127 15,833 22,802
Arabic 541 1,333 3,466 3,475 4,444 5,505 10,584
Portuguese 1,033 5,065 4,894 6,211 6,531 6,926 8,385
Korean 168 101 374 2,286 3,343 4,479 5,211
Total 604,496 1,057,389 864,463 1,125,865 1,079,332 1,133,512 1,321,320
Percentage Changes between Surveys

1960–70 1970–80 1980–90 1990–95 1995–98 1998–2002
Spanish 117.8 –2.5 40.7 13.5 8.3 13.7

French 57.0 –30.9 9.7 –24.6 –3.1 1.5
German 38.6 –37.3 5.1 –27.8 –7.5 2.3
Italian 207.3 1.6 42.9 –11.9 12.6 29.6
American Sign Language – – – 168.7 165.3 432.2
Japanese 279.2 73.8 297.3 –2.2 –3.5 21.1
Chinese 238.3 82.2 71.5 35.8 7.5 20.0
Russian 18.4 –33.7 86.0 –44.6 –3.8 0.5
Hebrew* 332.1 17.3 –33.1 1.0 20.6 44.0
Arabic 146.4 160.0 0.3 27.9 23.9 92.3
Portuguese 390.3 –3.4 26.9 5.2 6.0 21.1
Korean –39.9 270.3 511.2 46.2 34.0 16.3
Total 74.9 –18.2 30.2 –4.1 5.0 16.6
*Modern and biblical Hebrew totals combined

Table 6
Percentage of Total Enrollments, 1968–2002, for the Fourteen Most Commonly Taught Languages in 2002
1968 1980 1986 1990 1995 1998 2002
Spanish 32.4 41.0 41.0 45.1 53.2 55.0 53.4

French 34.4 26.9 27.4 23.0 18.0 16.7 14.5
German 19.2 13.7 12.1 11.3 8.5 7.5 6.5
Italian 2.7 3.8 4.1 4.2 3.8 4.1 4.6
American Sign Language – – – 0.1 0.4 1.0 4.4
Japanese 0.4 1.2 2.3 3.9 3.9 3.6 3.7
Chinese 0.4 1.2 1.7 1.6 2.3 2.4 2.4
Latin 3.1 2.7 2.5 2.4 2.3 2.2 2.1
Russian 3.6 2.6 3.4 3.8 2.2 2.0 1.7
Hebrew* 0.9 2.1 1.6 1.1 1.2 1.3 1.6
Ancient Greek 1.7 2.4 1.8 1.4 1.4 1.4 1.5
Arabic 0.1 0.4 0.3 0.3 0.4 0.5 0.8
Portuguese 0.4 0.5 0.5 0.5 0.6 0.6 0.6
Korean 0.0 0.0 0.1 0.2 0.3 0.4 0.4
Other languages 0.7 1.4 1.3 1.2 1.5 1.5 1.8
Total enrollments 1,127,363 924,837 1,003,234 1,184,100 1,138,772 1,193,830 1,397,253
(in numbers)
*Modern and biblical Hebrew totals combined
enrollments increased by nearly eight times, Chinese table 1. French and German are similar: strong growth
almost five and a half times. The greatest period of during the 1960s and a drop in the 1970s. While
growth in actual numbers for both these languages oc- French recovered somewhat in the 1980s, it declined
curred during the 1980s; they now are experiencing through the 1990s, though it now seems to be increas-
less variation and have represented 6% of all student ing again. German made a modest recovery from
enrollments for the current and previous two surveys. 1986 to 1990, declined throughout the 1990s, but has
Figure 2 contrasts the enrollments in Spanish from experienced an increase since 1998. Russian now
1960 through 2002 with those in all other modern lan- seems to be stabilizing after showing great variability
guages taught at the postsecondary college levels. (dropping steeply in the 1970s and 1990s, rising in
While considerably higher in 2002 than in the previ- the 1960s and 1980s). Enrollments in Italian, Chi-
ous two surveys, enrollments in languages other than nese, and Japanese grew consistently from 1960 to
Spanish are lower than they were at their high of 1968. 1990, but since 1990 slightly different patterns have
After dropping off in the 1970s, they grew through the emerged: Chinese continues to grow; Japanese de-
1980s and peaked in 1990, which was the most recent clined slightly but has been on the rise since 1998;
high for the total enrollments in all languages other and Italian recovered from the decline that it experi-
than Spanish. After a dip in the 1990s, languagees enced in the 1995 survey and in 2002 is increasing
other than Spanish indicate a rise in the current sur- substantially. American Sign Language was first re-
vey. Spanish enrollments, however, have increased corded in the survey in 1990 and has shown a tre-
consistently since 1960 and progressively accounted mendous increase for each survey since then as more
for a greater percentage of all enrollments until 2002. institutions begin to report it. Korean has grown
For this survey the number of students studying Span- steadily since it was first reported in 1974, showing an
ish went up by 89,677, while the number of students increase of 128.0% since 1990. Enrollments in Arabic
studying all other languages increased by 113,746. were relatively stable during the 1980s; however,
Figure 3a shows enrollment trends through time in since 1995 they have shown rapid growth, particu-
the top seven most commonly taught modern lan- larly between 1998 and 2002, almost doubling (from
guages, not including Spanish, and Figure 3b shows 5,505 to 10,584). Portuguese showed consistent low
the trends for the remaining six languages listed in growth through the 1990s but jumped between 1998
Figure 2
Enrollments in Spanish Compared with Those in All Other Languages, except Latin and Ancient Greek, by Year
800,000
Other Modern Languages 746,267
708,227 Spanish
700,000
656,590
604,936 606,286 600,769

600,000
549,295
533,944
498,312 490,317 494,693
500,000
430,060
411,293
400,000 379,379
364,870
300,000
200,000 178,689
100,000
0
1960 1968 1980 1986 1990 1995 1998 2002
and 2002 (from 6,926 to 8,385). Enrollments in He- ASL enrollments rose from 1,602 in 1990 to 4,304
brew and Greek have shown similar curves since their in 1995 and then to 11,420 in 1998, increases of
high counts in 1974, though Hebrew’s growth has 168.7% and 165.3%. Besides student interest, the in-
been steadier since 1990. Through the 1990s, Greek crease recorded in 2002 also has to do with a change in
hovered in the 16,000s but in 2002 jumped to over the nature of our survey. For over thirty years we have
20,000. The net gain between 1998 and 2002 of 48 elicited enrollment data on less commonly taught lan-
institutions reporting Greek perhaps accounts for this guages by requesting information about “other lan-
growth (see table 7a). The 2002 count for Latin is the guages” rather than listing them individually on the
highest in the history of the survey, showing a healthy survey form. Through the 1998 survey, ASL was in this
jump after enrollments dropped during the mid and category, but with the enrollments reported in that
late 1990s from the previous high in 1990. survey it joined the list of the more commonly taught
Information gathered about the differences between languages, then numbering fifteen. As a result, in 2002
the programs that reported in 1998 and those that re- ASL was among the fifteen languages about which we
ported in 2002 revealed some interesting trends. The explicitly requested information. Many institutions
data based only on responses from those institutions re- that had not reported their existing ASL programs in
porting in 1998 showed smaller increases generally than 1998 did so in this survey. If these institutions had pre-
those reporting overall in 2002 (table 7b); in three lan- viously reported their existing ASL enrollments, the
guages there were decreases. This difference should not remarkable growth in ASL in the current survey might
be taken as an indication of what the enrollment figures have been more evenly spread out across the three sur-
might have been if the response rate in 2002 had been veys from the 1990s. But it is also notable that 187
the same as that in 1998 (97.4%). It is doubtful that a new programs were created between 1998 and 2002
2.2% increase in respondents would have changed the (see table 1 in appendix B) to meet growing demand.
picture significantly. The comparison of the 1998 and French, German, and Russian enrollment data from
2002 institutional figures (table 7a) is particularly useful the 1998 respondents alone show decreases, while
for explaining the enormous growth of ASL: the bulk of the overall enrollments in these languages were
the increase occurred through the reporting of institu- slightly up. For Arabic, Chinese, and Italian there is
tions that had not responded previously. also a considerable rise in the number of institutions
Figure 3a
Enrollments in the Top Seven Modern Languages, Not Including Spanish, in Selected Years
228,813
388,096
248,361
French 275,328
272,472
205,351
199,064
201,979
146,116
216,263
126,910
German 121,022
133,348
96,263
89,020
91,100
11,142
30,359
34,791
Italian 40,945
49,699
43,760
49,287
63,899
*ASL
1,602
4,304
11,420
60,781
1,746
4,324
11,506
Japanese 23,454
45,717
44,723
43,141
52,238
1,844
5,061
11,366
Chinese 16,891
19,490
26,471
28,456
34,153
30,570
40,696
23,987
Russian 33,961
44,626
24,729
23,791 1960 1968 1980 1986 1990 1995 1998 2002
23,921
0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000
*1960, 1968, 1980, 1986 figures for ASL not available.

Figure 3b
Enrollments in Six Less Commonly Taught Languages in Selected Years
25,035
25,038
Latin 28,178
25,897
26,145
29,841
22,111
17,608
Ancient Greek 16,401
16,272
16,402
20,376
19,429
15,630
*Hebrew 12,995
13,127
15,833
22,802
3,387
3,417
Arabic 3,475
4,444
5,505
10,584
4,846
5,071
Portuguese 6,211
6,531
6,926
8,385
365
875
Korean 2,286
3,343
4,479 1980 1986 1990 1995 1998 2002
5,211
0 5,000 10,000 15,000 20,000 25,000 30,000
*Modern and biblican Hebrew combined

Table 7a Table 7b
Comparison of Numbers of Institutions Reporting Language Enrollments in Fall 1998 and in Fall
Undergraduate Enrollments in the Top Fifteen 2002 for Those Institutions Responding in 1998
Foreign Languages in 1998 and 2002
Percentage
Net Gain 1998 2002 Change
1998 2002 or Loss
Spanish 656,590 710,347 8.2
Spanish 2,166 2,279 113 French 199,064 191,996 –3.6
French 1,668 1,701 33 German 89,020 86,545 –2.8
German 1,192 1,163 –29 Italian 49,287 58,774 19.2
Italian 531 606 75 American Sign
American Sign Language 116 552 436 Language 11,420 13,486 18.1
Japanese 683 696 13 Japanese 43,141 48,258 11.9
Chinese 416 489 73 Chinese 28,456 30,701 7.9
Latin 526 561 35 Latin 26,145 27,006 3.3
Russian 497 441 –56 Russian 23,791 22,438 –5.7
Ancient Greek 518 566 48 Ancient Greek 16,402 17,520 6.8
Biblical Hebrew 194 226 32 Biblical Hebrew 9,099 10,212 12.2
Arabic 157 233 76 Arabic 5,505 7,720 40.2
Modern Hebrew 150 163 13 Modern Hebrew 6,734 7,179 6.6
Portuguese 143 175 32 Portuguese 6,926 7,057 1.9
Korean 76 91 15 Korean 4,479 4,730 5.6
Total 1,176,059 1,243,969 5.8
reporting over 1998. Tables 1 and 2 of appendix B

show that in undergraduate programs new offerings the 147 languages composing the other-languages cate-
account for the gains notably in Arabic (74), ASL (as gory of tables 1, 2, and 6. (In table 8, of the 162 lan-
noted, 187), and Chinese (84). In most cases the guages listed, 137 were taught in 1998, and 147 were
number of new offerings since 1998 is larger than the taught in 2002.) There are 7.3% more languages in
number of programs no longer offered, except in Rus- which students enrolled than were reported for 1998;
sian, where 59 programs were discontinued and 28 es- 34 are indigenous to Europe, 38 to the Middle East or
tablished, and in German, where 60 programs were Africa, 41 to Asia or the Pacific and 34 to North or
discontinued and 39 established. South America. Table 9 shows the proportion of enroll-
ments for these different language groups. These num-
bers have not changed significantly since 1998, except
Less Commonly Taught Languages for languages indigenous to Asia or the Pacific, of
which 11 were added in 2002 to the 30 reported in
During the 1960s, languages we now call less com- 1998. Of these Asian languages, Vietnamese stands out
monly taught (LCTLs) were designated “critical” or as the largest gainer of the LCTLs with enrollments of
“strategic” by government entities and the MLA. Be- 2,236, for a total increase of 148.7%. At the two-year
fore 1986, the seven most commonly taught lan- level, Vietnamese went from 385 students in 1998 to
guages in United States colleges and universities were 1,185 in 2002; at the four-year level, it grew from 491 to
Latin, ancient Greek, French, German, Italian, Rus- 1,003. Hindi also shows remarkable growth at 72.1%,
sian, and Spanish. By the 1986 survey, however, Japa- up to 1,430 in 2002 from 831 in 1998. One LCTL of
nese became the seventh most commonly taught Middle Eastern origin—Aramaic, and one of African
language, and by 1998 it had moved up to fifth place; origin—Swahili, now have enrollments over 1,500 and
it now stands in sixth place, behind American Sign appear to be gaining rapidly (Tables 8 and 10a).
Language. Chinese was the sixth most commonly North and South American native languages have
taught language in 1995 and is now the seventh. experienced considerable expansion since the previ-
Table 8 provides information about enrollment data ous survey, as shown in the enrollments for the lead-
by level of program (two-year, four-year, graduate) for ing sixteen of these languages in 2002 (table 10b).
Table 8
Enrollments in 162 Less Commonly Taught Languages, 1998 and 2002
Enrollments in Undergraduate Graduate
Two-Year Colleges Enrollments Enrollments Total
Language Status 1998 2002 1998 2002 1998 2002 1998 2002
Afrikaans 0 0 72 13 0 0 72 13
Akan 0 0 13 5 0 0 13 5
Akkadian 0 0 9 24 93 71 102 95
Albanian 0 0 1 10 0 0 1 10
Alutiiq 0 0 1 10 0 0 1 10
Amharic 0 0 7 12 0 3 7 15
Anishinabe + 0 6 0 18 0 0 0 24
Apache + 0 20 0 0 0 0 0 20
Aramaic 0 36 1,071 1,261 59 389 1,130 1,686
Arapahoe 4 112 0 0 0 0 4 112
Armenian 80 318 233 278 12 11 325 607
Assiniboine 5 12 0 0 0 0 5 12
Assyro-Babylonian – 0 0 3 0 1 0 4 0
Athabaskan 0 0 10 14 0 0 10 14
Aymara – 0 0 1 0 1 0 2 0
Bambara 0 0 28 10 0 1 28 11
Basque 0 0 5 46 0 3 5 49
Bemba – 0 0 1 0 0 0 1 0
Bengali 0 0 31 50 4 4 35 54
Blackfoot 40 41 0 0 0 0 40 41
Bulgarian 0 0 7 17 4 3 11 20
Burmese 0 0 31 46 3 3 34 49
Cambodian + 0 0 0 5 0 0 0 5
Cantonese 0 47 39 128 0 5 39 180
Catalan 0 0 6 31 3 4 9 35
Cebuano + 0 0 0 7 0 0 0 7
Chagatai – 0 0 0 0 2 0 2 0
Chamorro + 0 0 0 11 0 0 0 11
Cherokee 28 7 147 111 0 0 175 118
Cheyenne + 0 0 0 1 0 0 0 1
Chichewa 0 0 0 0 2 2 2 2
Chinese, Classical 0 0 31 56 1 18 32 74
Choctaw 0 0 83 63 0 0 83 63
Coptic 0 0 0 2 3 9 3 11
Cree – 0 0 1 0 0 0 1 0
Croatian 0 0 1 15 0 1 1 16
Crow Indian 0 55 5 0 4 0 9 55
Czech 5 1 159 291 30 29 194 321
Dakota/Lakota 46 17 286 589 2 4 334 610
Danish 0 0 145 189 6 2 151 191
Dari + 0 28 0 13 0 0 0 41
Deg Xinag 0 0 7 9 0 0 7 9
Dutch 0 0 260 357 28 18 288 375
Egyptian 0 0 13 16 39 31 52 47
Eskimo 0 0 46 99 0 0 46 99
Estonian 0 0 6 13 2 3 8 16
Ethiopic – 0 0 2 0 1 0 3 0
Farsi + 0 20 0 64 0 1 0 85
A plus sign in the Status column signifies a new program; a minus sign signifies a discontinued program.
No sign means that the program continues.
Table 8 (continued)
Language Status 1998 2002 1998 2002 1998 2002 1998 2002
Finnish 2 6 103 151 9 5 114 162

Fula + 0 0 0 0 0 1 0 1
Gaelic, Scottish 0 0 47 4 3 0 50 4
Galician 0 0 0 0 6 5 6 5
Georgian 0 0 0 1 1 1 1 2
Greek, Modern 19 11 553 736 74 57 646 804
Gujarati 0 0 32 20 1 0 33 20
Gwich’in 0 0 0 18 2 0 2 18
Haitian Creole 0 0 116 121 8 7 124 128
Hausa 0 0 36 38 7 2 43 40
Hawai‘ian 645 667 1,344 1,014 18 6 2,007 1,687
Hindi 0 0 767 1,374 64 56 831 1,430
Hindi-Urdu 0 0 417 393 31 34 448 427
Hittite 0 0 0 0 8 1 8 1
Hmong 2 89 13 194 0 0 15 283
Hungarian 0 0 53 97 5 5 58 102
Icelandic 0 0 2 12 0 0 2 12
Igbo + 0 0 0 9 0 0 0 9
Ilocano 0 0 171 91 0 0 171 91
Indonesian 0 0 177 180 46 45 223 225
Inupiaq 0 24 22 27 0 0 22 51
Iranian 0 0 77 92 3 10 80 102
Irish 13 0 252 659 13 46 278 705
Irish, Modern + 0 0 0 8 0 0 0 8
Irish, Old 0 0 35 0 13 3 48 3
Japanese, Classical + 0 0 0 8 0 11 0 19
Kannada 0 0 2 2 0 0 2 2
Kazakh 0 0 1 8 0 8 1 16
Khmer 0 0 14 20 0 0 14 20
Kikuyu + 0 0 0 0 0 2 0 2
Kiowa 0 0 49 77 0 0 49 77
Koyukon 0 0 7 6 0 0 7 6
Kutenai + 0 20 0 0 0 0 0 20
Latvian 0 0 12 8 0 0 12 8
Lingala 0 0 35 78 0 1 35 79
Lithuanian 0 0 37 54 14 5 51 59
Luganda 0 0 9 13 0 0 9 13
Macedonian 0 0 0 1 5 2 5 3
Malay 0 0 1 1 1 3 2 4
Malayalam 0 0 28 20 0 0 28 20
Manchu – 0 0 1 0 6 0 7 0
Mandingo + 0 0 0 1 0 0 0 1
Maori 0 0 18 25 0 0 18 25
Marathi 0 0 6 0 0 2 6 2
Menominee 13 13 0 0 0 0 13 13
Meru – 0 0 1 0 0 0 1 0
Mohawk 0 0 16 29 0 0 16 29
Mongolian 0 0 4 27 2 8 6 35
Table 8 (continued)
Language Status 1998 2002 1998 2002 1998 2002 1998 2002
Muskogee (Creek) 0 6 85 126 0 0 85 132

Nahuatl – 0 0 0 0 1 0 1 0
Navajo 169 526 127 257 1 0 297 783
Ndebele, Zimbabwe – 0 0 7 0 0 0 7 0
Nepali 0 0 94 11 6 0 100 11
Nez Perce + 0 0 0 9 0 0 0 9
Norse 0 0 4 2 1 9 5 11
Norwegian 0 0 638 772 2 5 640 777
Ojibwa 31 40 219 230 1 0 251 270
Omaha – 19 0 0 0 0 0 19 0
Oromo + 0 0 0 0 0 1 0 1
Pali 0 0 0 0 1 11 1 11
Papago 27 36 5 13 0 0 32 49
Pashto + 0 10 0 4 0 0 0 14
Persian 233 308 317 680 64 129 614 1,117
Pilipino + 0 236 0 213 0 0 0 449
Pima 11 9 0 0 0 0 11 9
Polish 22 80 703 935 47 38 772 1,053
Punjabi 0 0 30 99 2 0 32 99
Quechua 0 0 53 43 5 8 58 51
Romanian 0 0 83 120 9 6 92 126
Sahaptin – 0 0 10 0 0 0 10 0
Salish + 0 56 0 0 0 0 0 56
Samoan 0 0 207 201 0 0 207 201
Sanskrit 0 0 275 329 88 158 363 487
Serbian 0 0 22 20 15 16 37 36
Serbo-Croatian 76 133 66 175 12 34 154 342
Setswana 0 0 19 10 0 0 19 10
Shona 0 0 7 2 0 2 7 4
Shoshoni 0 0 8 16 0 0 8 16
Sinhala – 0 0 1 0 0 0 1 0
Sinhalese + 0 0 0 1 0 0 0 1
Slavic, Old Church 0 0 7 9 23 0 30 9
Slovak 0 0 24 31 1 5 25 36
Sumerian 0 0 0 3 13 19 13 22
Swahili 1 47 1,199 1,483 41 63 1,241 1,593
Swati + 0 0 0 0 0 2 0 2
Swedish 0 0 678 727 6 9 684 736
Syriac 0 0 11 2 30 29 41 31
Tagalog 428 404 362 287 4 2 794 693
Tahitian 0 0 19 20 0 0 19 20
Taiwanese + 0 0 0 34 0 13 0 47
Tamil 0 0 41 89 4 25 45 114
Telugu 0 0 11 3 0 0 11 3
Thai 17 16 240 302 15 12 272 330
Tibetan 0 0 59 43 21 35 80 78
Tibetan, Classical + 0 0 0 8 0 20 0 28
Tlingit 0 0 17 108 0 0 17 108
Table 8 (continued)
Language Status 1998 2002 1998 2002 1998 2002 1998 2002
Tonga 0 0 33 43 0 0 33 43
Turkic 0 0 15 15 0 6 15 21
Turkish 15 13 166 240 37 61 218 314
Twi 0 0 33 75 1 4 34 79
Ugaritic 0 0 0 0 33 14 33 14
Uighur – 0 0 1 0 1 0 2 0
Ukrainian 0 0 34 107 6 19 40 126
Urdu 0 0 22 140 13 12 35 152
Uzbek 0 7 0 5 4 11 4 23
Vietnamese 385 1,185 491 1,003 23 48 899 2,236
Welsh 0 0 16 30 1 2 17 32
Welsh, Early + 0 0 0 2 0 4 0 6
Wolof 0 0 43 73 0 1 43 74
Xhosa + 0 0 0 34 0 0 0 34
Yaqui – 12 0 0 0 0 0 12 0
Yiddish 0 0 324 414 14 24 338 438
Yoruba 0 0 64 76 5 0 69 76
Yup’ik 0 0 55 10 0 0 55 10
Zulu 0 0 63 70 5 2 68 72
Total 2,348 4,662 14,227 19,257 1,196 1,797 17,771 25,716
Continued programs 122

New programs 25
Discontinued programs 15
Total other languages 162
Table 9
Enrollments in Less Commonly Taught Languages, by Region of Origin, 1998 and 2002
1998 2002
Languages Enrollments Percentage Languages Enrollments Percentage
Europe 32 4,126 23.2 34 6,636 25.8

Middle East and Africa 39 5,353 30.1 38 6,373 24.8
Asia and Pacific 30 4,477 25.2 41 7,996 31.1
North and South America 37 3,815 21.5 34 4,711 18.3
Total 138 17,771 100.0 147 25,716 100.0
Table 10a
Enrollments in Sixteen Leading Asian or Pacific Languages in Selected Years, with Percentage Change
Change from
Language 1974 1980 1986 1990 1995 1998 2002 1998 to 2002 (%)
Vietnamese 29 74 175 327 1,010 899 2,236 148.7

Hindi 313 197 300 306 694 831 1,430 72.1
Tagalog 122 263 88 146 680 794 693 –12.7
Sanskrit 384 265 250 251 377 363 487 34.2
Pilipino 203 –0 132 196 –0 –0 449 NA
Hindi-Urdu 161 76 101 125 263 448 427 –4.7
Thai 71 80 108 192 278 272 330 21.3
Hmong – – – 13 170 15 283 1,786.7
Indonesian 121 127 156 222 256 223 225 0.9
Samoan 0 18 56 69 179 207 201 –2.9
Cantonese 42 36 111 83 33 39 180 361.5
Urdu 41 23 49 90 88 35 152 334.3
Tamil 33 25 36 35 55 45 114 153.3
Punjabi 0 0 1 8 42 32 99 209.4
Ilocano 58 17 28 72 146 171 91 –46.8
Tibetan 61 56 50 75 67 80 78 –2.5
Total 1,639 1,257 1,641 2,210 4,338 4,454 7,475
Percentage change – –23.3 30.5 34.7 96.3 2.7 67.8
Table 10b
Enrollments in Sixteen Leading Native American Languages in Selected Years, with Percentage Change
Change from
Language 1974 1980 1986 1990 1995 1998 2002 1998 to 2002 (%)
Hawai‘ian 570 610 441 913 1,890 2,007 1,687 –15.9

Navajo 587 225 273 186 832 297 783 163.6
Dakota/Lakota 112 109 168 158 465 334 610 82.6
Ojibwa 95 84 184 231 321 251 270 7.6
Muskogee (Creek) 20 0 0 0 0 85 132 55.3
Cherokee 15 29 22 57 73 175 118 –32.6
Arapahoe 0 0 15 15 9 4 112 2,700.0
Tlingit 0 5 0 0 0 17 108 535.3
Eskimo 0 0 0 0 0 46 99 115.2
Kiowa 0 0 0 0 0 49 77 57.1
Choctaw 12 0 0 8 0 83 63 –24.1
Salish 0 0 0 0 0 0 56 NA
Crow Indian 0 16 14 21 38 9 55 511.1
Inupiaq 30 0 32 48 0 22 51 131.8
Quechua 29 23 17 37 41 58 51 –12.1
Papago 15 0 0 5 39 32 49 53.1
Total 1,485 1,101 1,166 1,679 3,708 3,469 4,321
Percentage change – –25.9 5.9 44.0 120.8 –6.4 24.6
Following national trends, enrollments dipped in good sign, not only because it is the highest since 1972
1980 and began to climb slowly through the rest of but also because the college population grew at a faster
the decade: a 5.1% increase from 1980 to 1986; pace between the last two surveys than it had during
48.2% from 1986 to 1990; and, much more steeply, the surveys of 1990, 1995, and 1998. The index of
119.6% from 1990 to 1995. Despite a slight decline of growth for institutional enrollments, showing increases
–8.5% from 1995 to 1998, these languages have in- in college student population since 1960, rose by
creased since 1998 by 24.6% and have almost tripled 11.7% between 1990 and 1995, by 6.5% between 1995
since 1974. Though it has lost some enrollments, and 1998, by 29.0% between 1998 and 2002. Consid-
Hawai‘ian still has the largest total enrollment (39%) ering that growth, the 0.7% increase in MFL enroll-
of the top sixteen Native American languages taught; ments per hundred institutional enrollments for the
however Navajo and Dakota-Lakota made impressive 2002 survey is significant: foreign language enrollments
gains of 163.6% and 82.6%, respectively. are keeping pace with and improving slightly in rela-
tion to the increase in the college student population.
The 2002 statistics on enrollments in foreign lan-
guages in United States institutions of higher educa-
tion show that trends established in previous surveys
Notes
are continuing: Spanish is still the language chosen by
most students who study languages and is becoming The author wishes to thank Michael Pisapia, the project re-
ever more significant in the undergraduate curriculum. search assistant who collected the data; Richard Brod, former
While the number of students studying other languages MLA director of special projects and founding director of
is slightly less than half the total, these students are ADFL; and MLA staff members David Goldberg and Natalia
pursuing a greater variety of languages. Some of the Lusin. The author is particularly indebted to Natalia Lusin, who
verified and corrected the data.
more commonly taught languages—French, German, 1
These figures are taken from the 2002 Digest of Educational
and Russian—do not enjoy the enrollments they did
Statistics, published by the National Center for Education Sta-
during the 1970s but now have become stable or have
tistics. Projections for 2002 enrollments can be found at
increased slightly. While the 17.0% increase in total nces.ed.gov//pubs2002/proj2012/table_16.asp and nces.ed.gov//
language enrollments (table 1) is substantial,2 the pro- pubs2002/proj2012/table_18.asp.
portion of modern foreign language (MFL) enroll- 2
This percentage gain is the largest since 1990. Gains and
ments to every 100 institutional enrollments (table 4) losses of total enrollments in previous years are: –1.4% in 1970,
has remained relatively constant over the years. The –9.2% in 1972, –6.2% in 1974, –1.4% in 1977, –0.9% in 1980,
current proportion of 8.6 MFL enrollments per hun- 4.5% in 1983, 3.9% in 1986, 18% in 1990, –3.8% in 1995,
dred institutional enrollments should be taken as a 4.8% in 1998.
Appendix A
Regional Comparison of 2002 Undergraduate Enrollments in Sixteen Leading Languages
South South Rocky Pacific National
Language Northeast Midwest Atlantic Central Mountain Coast (Total)
Spanish 143,587 157,214 167,090 87,819 58,837 121,770 736,317

Percentage of national 19.5 21.4 22.7 11.9 8.0 16.5 100.0
French 46,540 44,680 48,065 19,088 11,452 27,549 197,374
German 16,580 27,456 18,870 6,702 6,634 12,055 88,297
Italian 26,192 10,459 9,350 2,813 3,101 10,937 62,852
American Sign Language 8,818 11,613 7,744 4,989 6,882 20,614 60,660
Japanese 9,132 9,980 6,582 2,320 4,023 19,271 51,308
Chinese 8,822 5,166 4,228 1,431 1,933 11,639 33,219
Latin 6,127 7,197 7,200 3,736 1,688 2,848 28,796
Russian 6,034 5,198 4,159 1,442 2,289 4,029 23,151
Greek 2,111 4,128 3,750 1,982 780 1,592 14,343
Biblical Hebrew 5,732 1,242 1,132 357 135 452 9,050
Arabic 2,184 2,219 2,246 652 692 2,060 10,053
Modern Hebrew 4,091 1,491 1,207 280 339 793 8,201
Portuguese 2,202 1,250 1,886 516 1,244 800 7,898
Korean 1,147 592 393 152 323 2,493 5,100
Vietnamese 113 45 97 117 36 1,780 2,188
Appendix B
Status of Foreign Language Offerings at Institutions That Reported Undergraduate
Enrollments in Fall 1998 or Fall 2002 but Not in Both
Table B1
Institutions Reporting Enrollments in 2002 but Not in 1998
New Offerings Language Available in 1998 Status Not
Language since 1998 but No Enrollments Reported Reported Total
Spanish 38 36 145 219

French 49 70 83 202
German 39 50 38 127
Italian 49 40 37 126
American Sign Language 187 24 240 451
Japanese 67 22 25 114
Chinese 84 24 20 128
Latin 25 62 21 108
Russian 28 24 13 65
Ancient Greek 20 48 49 117
Biblical Hebrew 20 33 38 91
Arabic 74 12 17 103
Modern Hebrew 13 7 15 35
Portuguese 35 13 8 56
Korean 11 10 4 25
Table B2
Institutions Reporting Enrollments in 1998 but Not in 2002
Discontinued Language Available in 2002 Status Not
Language Offerings since 1998 but No Enrollments Reported Reported Total
Spanish 3 13 90 106
French 46 69 54 169
German 60 62 34 156
Italian 16 24 11 51
American Sign Language 4 9 2 15
Japanese 40 34 26 100
Chinese 16 25 14 55
Latin 13 45 15 73
Russian 59 38 24 121
Ancient Greek 10 40 19 69
Biblical Hebrew 6 40 13 59
Arabic 8 11 8 27
Modern Hebrew 7 10 5 22
Portuguese 6 13 5 24
Korean 4 4 2 10
Reasons for lack of enrollments include changes in student demand, lack of faculty availability, courses offered on a staggered schedule,
or a combination of these reasons. This category includes languages listed in the course catalogue but having no reported enrollments.
The New Offerings column is for languages newly listed and offered at an institution since 1998. The Discontinued Offerings column
is for languages that are no longer listed in the catalog, though they were available in 1998.
CERTIFICATE OF SERVICE
It is hereby certified that a copy of the foregoing OPPOSER'S MOTION FOR
SUMMARY JUDGMENT, DECLARATION OF PETER H. JOHNSON IN SUPPORT OF
OPPOSER'S MOTION FOR SUMMARY JUDGMENT, and DECLARATION OF BRENNAN
C. SWAIN IN SUPPORT OF OPPOSER'S MOTION FOR SUMMARY JUDGMENT, have
been sent by U.S. mail to the attorney of record for Applicant:
Jose Gutman
Fleit, Gibbons, Gutman, Bongini, PL
551 N.W. 77th Street
Boca Raton, FL 33487
Dated: January 28, 2009 __________________________________
Michelle Boothby
3
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.

TATUAJE CIGARS INC., Opposition No. 91/185,180

Commissioner for Trademarks

OPPOSER'S MOTION FOR SUMMARY JUDGMENT

Opposer Tatuaje Cigars, Inc. ("Opposer"), through its undersigned counsel,

applicant Nicaragua Tobacco Imports, Inc. ("Applicant").

MEMORANDUM OF POINTS AND AUTHORITIES

Opposer is a well-established and well-respected member of the cigar industry. More

honored as some of the best cigars in the country.

for his own brand of cigars and cigar-related products.

of material fact exists with respect to this issue.

matter of law and Applicant's application should be rejected.

II. STATEMENT OF FACTS

A. Opposer Owns the Trademark TATUAJE

identify Opposer's cigars. Id.

year since 2004. See id. at ¶ 6 & Exhs. D - F.

Opposer's TATUAJE mark is also the subject of U.S. Trademark Registration

Id.; see also Declaration of Brennan C. Swain ("Swain Decl.") ¶ 2, Exh. H.

See Application Serial No. 77/359,141.

As Applicant acknowledges in its correspondence with Opposer and Opposer's counsel,

requested that Applicant withdraw the application. Id. at ¶ 8.

mark "TATTOO." See id. at ¶ 9. Nonetheless, in response to Mr. Johnson's communication,

dollars in compensation. Id. at ¶ 9, Exh. I.

After receiving Applicant's response, Opposer's counsel sent a more formal

A. Summary Judgment Standard

Summary judgment is a favored method of adjudicating inter partes proceedings as the

and Appeal Board").

B. Applicant is Entitled to Summary Judgment on its Claim Under Section 2(d)

1. Opposer is the Owner of the Trademark TATUAJE

Applicant's application. See Johnson Decl., ¶¶ 3-7, Exhs. B-G.

specified in the registration. 15 U.S.C. §§ 1057(b) & 1115(a).

Opposer's ownership of the TATUAJE Mark is undisputed.

2. Applicant's Use of the Mark TATTOO Is Likely to Cause Consumer

1999); TMEP §§1207.01 et seq.

a. Similarity of the Marks

i. Marks are Identical in Connotation

mark TATTOO are identical in connotation.

in a likelihood of confusion analysis." In re La Peregrina Ltd., 86 U.S.P.Q. 2d 1645, 1647

children of Spanish-speaking immigrants. Additionally, Spanish is by far the most widely-taught

6-7, Exhs. M-N.

As a result of the foregoing, it is likely that a significant portion of American consumers

number of U.S. consumers who also speak or understand English." Id.

The translated meaning of TATUAJE is not obscure. It follows that an appreciable

finding that the marks are similar.

ii. Marks Are Similar in Sight and Sound

of the two extra syllables - "a-je" - at the end of Opposer's mark.

3. Similarity of the Goods: Applicant's Goods are Identical to Opposer's

(Fed. Cir. 2000).

Opposer has a federal registration for TATUAJE in connection with cigars in

cigar lighters, and cigar cutters. Johnson Decl., ¶ 7, Exh. G.

4. Similarity of Channels of Trade: Channels are Identical

stores, to the same consumers.

Applicant should be granted, and Applicant's registration should be refused.

Dated: January 28, 2009 /S/ JESSICA C. BROMALL

TATUAJE CIGARS INC., Opposition No. 91/185,180

Commissioner for Trademarks

DECLARATION OF PETER H. JOHNSON IN SUPPORT OF OPPOSER'S MOTION

FOR SUMMARY JUDGMENT

I, PETER H. JOHNSON, declare as follows:

1. I am the owner of opposer Tatuaje Cigars, Inc. ("Opposer"). I have personal

3. Opposer is in the business of selling cigars and cigar related accessories

continuously ever since.

was printed on October 24, 2008.

6. A TATUAJE brand cigar has appeared on Cigar Aficionado Magazine's Top 25