Snuggie TM Cancellation Pleadings
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Transcript of Snuggie TM Cancellation Pleadings
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8/14/2019 Snuggie TM Cancellation Pleadings
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA268457
Filing date: 02/24/2009
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Petition for Cancellation
Notice is hereby given that the following party requests to cancel indicated registration.
Petitioner Information
Name Allstar Marketing Group, LLC
Entity Limited Liability Company Citizenship New York
Address 4 Skyline DriveHawthorne, NY 10532UNITED STATES
Attorneyinformation
Brendan P. McFeelyKANE KESSLER, P.C.1350 AVENUE OF THE AMERICAS 26TH FLOORNEW YORK, NY 10019UNITED [email protected] Phone:212-541-6222
Registration Subject to Cancellation
Registration No 2351180 Registration date 05/23/2000
Registrant Alpha Mills Corporation122 Margaretta StreetSchuylkill Haven, PA 17972UNITED STATES
Goods/Services Subject to CancellationClass 025. First Use: 1958/05/20 First Use In Commerce: 1988/02/12All goods and services in the class are cancelled, namely: Apparel for Ladies and Girls, Namely,Knitted Underwear, Vests, Camisoles, Long and Short Sleeved Tops, Ankle Pant, Above-Knee Pant,and Below-Knee Pant
Grounds for Cancellation
Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
Genericness Trademark Act section 23
Abandonment Trademark Act section 14
Attachments SNUGGIES cancellation petition.pdf ( 6 pages )(202795 bytes )
Certificate of Service
The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by Overnight Courier on this date.
http://estta.uspto.gov/http://estta.uspto.gov/ -
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Signature /brendan p mcfeely/
Name Brendan P. McFeely
Date 02/24/2009
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vbMailed: May 5, 2009
Cancellation No. 92050585
Allstar Marketing Group, LLC
v.
Alpha Mills Corporation
Jennifer Krisp, Interlocutory Attorney:
On April 20, 2009, the Board issued notice of default
because no answer had been filed.
Registrants answer to the petition to cancel, filed
April 27, 2009 is noted. Registrant states in its response
to the Boards order the failure to timely file its answer
was inadvertent.
If a registrant who has failed to file a timely answer
to the complaint responds to a notice of default by filing a
satisfactory showing of good cause why default judgment
should not be entered against it, the Board will set aside
the notice of default. See Fed. R. Civ. P. 55(c); and TBMP
312.02 (2d ed. rev. 2004).
The Board finds that registrants failure to file a
timely answer was not the result of willful inattention or
bad faith. Moreover, petitioner is not prejudiced by
UNITED STATES PATENT AND TRADEMARK OFFITrademark Trial and Appeal BoardP.O. Box 1451Alexandria, VA 22313-1451
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Cancellation No. 92050585
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registrants late filing. See Fred Hayman Beverly Hills,
Inc. v. Jacques Bernier, Inc., 21 USPQ2d 1556, 1557 (TTAB
1991). Because the Board favors deciding cases on their
merits, the Board is reluctant to enter default judgments.
See Paolo's Associates Limited Partnership v. Paolo Bodo, 21
USPQ2d 1899, 1902 (Comm'r 1990).
Accordingly, the notice of default is set aside.
Registrants answer to the petition to cancel filed April
27, 2009 is accepted and is of record.
Conferencing, disclosure, discovery and trial dates
are hereby reset as follows:
Deadline for DiscoveryConference 6/3/2009Discovery Opens 6/3/2009Initial Disclosures Due 7/3/2009Expert Disclosures Due 10/31/2009Discovery Closes 11/30/2009Plaintiff's Pretrial
Disclosures 1/14/2010Plaintiff's 30-day Trial PeriodEnds 2/28/2010Defendant's PretrialDisclosures 3/15/2010Defendant's 30-day Trial PeriodEnds 4/29/2010Plaintiff's RebuttalDisclosures 5/14/2010Plaintiff's 15-day RebuttalPeriod Ends 6/13/2010
In each instance, a copy of the transcript of testimony
together with copies of documentary exhibits, must be served
on the adverse party within thirty days after completion of
the taking of testimony. Trademark Rule 2.l25.
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Cancellation No. 92050585
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Briefs shall be filed in accordance with Trademark
Rules 2.128(a) and (b). An oral hearing will be set only
upon request filed as provided by Trademark Rule 2.l29.
**
NEWS FROM THE TTAB:
The USPTO published a notice of final rulemaking in theFederal Register on August 1, 2007, at 72 F.R. 42242. Bythis notice, various rules governing Trademark Trial and
Appeal Board inter partes proceedings are amended. Certainamendments have an effective date of August 31, 2007, whilemost have an effective date of November 1, 2007. Forfurther information, the parties are referred to a reprintof the final rule and a chart summarizing the affectedrules, their changes, and effective dates, both viewable onthe USPTO website via these web addresses:http://www.uspto.gov/web/offices/com/sol/notices/72fr42242.pdfhttp://www.uspto.gov/web/offices/com/sol/notices/72fr42242_FinalRuleChart.pdf
By one rule change effective August 31, 2007, the Board'sstandard protective order is made applicable to all TTABinter partes cases, whether already pending or commenced onor after that date. However, as explained in the final ruleand chart, this change will not affect any case in which anyprotective order has already been approved or imposed by theBoard. Further, as explained in the final rule, parties arefree to agree to a substitute protective order or tosupplement or amend the standard order even after August 31,2007, subject to Board approval. The standard protectiveorder can be viewed using the following web address:http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm