Due to technical/upload issues, the text of the third attachment titled "USTPO - Notice of Opposition letter - 21 DEC 07" has been copied and pasted into this post.
Again, I apologize for any inconvenience.
Respectfully,
Jeff
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Mailed: December 21, 2007
Opposition No. 91181448
Serial No. 77040379
James R. Foley
Trexler, Bushnell, Giangiorgi, Blackston
36th Floor 105 West Adams St.
Chicago, IL 60603
ptodocket@trexlaw.com
JeffBrown
v.
Patriot Guard Riders, Inc.
Rachel Blue
Doerner Saunders Daniel & Anderson
320 S. Boston, Suite 500
Tulsa, OK 74103
rblue@dsda.com
ESTTA182629
A notice of opposition to the registration sought by the aboveidentified
application has been filed. A service copy of the notice of
opposition was forwarded to applicant (defendant) by the opposer
(plaintiff). An electronic version of the notice of opposition is
viewable in the electronic file for this proceeding via the Board's
TTABVUE system: http://ttabvue.uspto.gov/ttabvue/v?qs=91181448.
Proceedings will be conducted in accordance with the Trademark Rules of
Practice, set forth in Title 37, part 2, of the Code of Federal
Regulations ("Trademark Rules") . These rules may be viewed at the
USPTO's trademarks page: http://www.uspto.gov/main/trademarks.htm. The Board's
main webpage (http://www.uspto.gov/web/offices/dcom/ttab/) includes information on
amendments to the Trademark Rules applicable to Board proceedings, on
Alternative Dispute Resolution (ADR), Frequently Asked Questions about
Board proceedings, and a web link to the Board's manual of procedure
(the TBMP).
Plaintiff must notify the Board when service has been ineffective,
within 10 days of the date of receipt of a returned service copy or the
date on which plaintiff learns that service has been ineffective.
Plaintiff has no subsequent duty to investigate the defendant's
whereabouts, but if plaintiff by its own voluntary investigation or
through any other means discovers a newer correspondence address for
the defendant, then such address must be provided to the Board.
Likewise, if by voluntary investigation or other means the plaintiff
discovers information indicating that a different party may have an
interest in defending the case, such information must be provided to
the Board. The Board will then effect service, by publication in the
Official Gazette if necessary. See Trademark Rule 2.118. In
circumstances involving ineffective service or return of defendant's
copy of the Board's institution order, the Board may issue an order
noting the proper defendant and address to be used for serving that
party.
Defendant's ANSWER IS DUE FORTY DAYS after the mailing date of this
order. (See Patent and Trademark Rule 1.7 for expiration of this or
any deadline falling on a Saturday, Sunday or federal holiday.) Other
deadlines the parties must docket or calendar are either set forth
below (if you are reading a mailed paper copy of this order) or are
included in the electronic copy of this institution order viewable in
the Board's TTABVUE system at the following web address:
http://ttabvue.uspto.gov/ttabvue/ .
Defendant's answer and any other filing made by any party must include
proof of service. See Trademark Rule 2.119. If they agree to, the
parties may utilize electronic means, e.g., e-mail or fax, during the
proceeding for forwarding of service copies. See Trademark Rule
2.119(b)(6).
The parties also are referred in particular to Trademark Rule 2.126,
which pertains to the form of submissions. Paper submissions,
including but not limited to exhibits and transcripts of depositions,
not filed in accordance with Trademark Rule 2.126 may not be given
consideration or entered into the case file.
Time to Answer 1/30/2008
Deadline for Discovery Conference 2/29/2008
Discovery Opens 2/29/2008
Initial Disclosures Due 3/30/2008
Expert Disclosures Due 7/28/2008
Discovery Closes 8/27/2008
Plaintiff's Pretrial Disclosures 10/11/2008
Plaintiff's 30-day Trial Period Ends 11/25/2008
Defendant's Pretrial Disclosures 12/10/2008
Defendant's 30-day Trial Period Ends 1/24/2009
Plaintiff's Rebuttal Disclosures 2/8/2009
Plaintiff's 15-day Rebuttal Period Ends 3/10/2009
As noted in the schedule of dates for this case, the parties are
required to have a conference to discuss: (1) the nature of and basis
for their respective claims and defenses, (2) the possibility of
settling the case or at least narrowing the scope of claims or
defenses, and (3) arrangements relating to disclosures, discovery and
introduction of evidence at trial, should the parties not agree to
settle the case. See Trademark Rule 2.120(a)(2). Discussion of the
first two of these three subjects should include a discussion of
whether the parties wish to seek mediation, arbitration or some other
means for resolving their dispute. Discussion of the third subject
should include a discussion of whether the Board's Accelerated Case
Resolution (ACR) process may be a more efficient and economical means
of trying the involved claims and defenses. Information on the ACR
process is available at the Board's main webpage. Finally, if the
parties choose to proceed with the disclosure, discovery and trial
procedures that govern this case and which are set out in the Trademark
Rules and Federal Rules of Civil Procedure, then they must discuss
whether to alter or amend any such procedures, and whether to alter or
amend the Standard Protective Order (further discussed below).
Discussion of alterations or amendments of otherwise prescribed
procedures can include discussion of limitations on disclosures or
discovery, willingness to enter into stipulations of fact, and
willingness to enter into stipulations regarding more efficient options
for introducing at trial information or material obtained through
disclosures or discovery.
The parties are required to conference in person, by telephone, or by
any other means on which they may agree. A Board interlocutory
attorney or administrative trademark judge will participate in the
conference, upon request of any party, provided that such participation
is requested no later than ten (10) days prior to the deadline for the
conference. See Trademark Rule 2.120(a)(2). The request for Board
participation must be made through the Electronic System for Trademark
Trials and Appeals (ESTTA) or by telephone call to the interlocutory
attorney assigned to the case, whose name can be found by referencing
the TTABVUE record for this case at http://ttabvue.uspto.gov/ttabvue/. The
parties should contact the assigned interlocutory attorney or file a
request for Board participation through ESTTA only after the parties
have agreed on possible dates and times for their conference.
Subsequent participation of a Board attorney or judge in the conference
will be by telephone and the parties shall place the call at the agreed
date and time, in the absence of other arrangements made with the
assigned interlocutory attorney.
The Board's Standard Protective Order is applicable to this case, but
the parties may agree to supplement that standard order or substitute a
protective agreement of their choosing, subject to approval by the
Board. The standard order is available for viewing at:
http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm . Any party without
access to the web may request a hard copy of the standard order from
the Board. The standard order does not automatically protect a party's
confidential information and its provisions must be utilized as needed
by the parties. See Trademark Rule 2.116(g).
Information about the discovery phase of the Board proceeding is
available in chapter 400 of the TBMP. By virtue of amendments to the
Trademark Rules effective November 1, 2007, the initial disclosures and
expert disclosures scheduled during the discovery phase are required
only in cases commenced on or after that date. The TBMP has not yet
been amended to include information on these disclosures and the
parties are referred to the August 1, 2007 Notice of Final Rulemaking
(72 Fed. Reg. 42242) posted on the Board's webpage. The deadlines for
pretrial disclosures included in the trial phase of the schedule for
this case also resulted from the referenced amendments to the Trademark
Rules, and also are discussed in the Notice of Final Rulemaking.
The parties must note that the Board allows them to utilize telephone
conferences to discuss or resolve a wide range of interlocutory matters
that may arise during this case. In addition, the assigned
interlocutory attorney has discretion to require the parties to
participate in a telephone conference to resolve matters of concern to
the Board. See TBMP § 502.06(a) (2d ed. rev. 2004).
The TBMP includes information on the introduction of evidence during
the trial phase of the case, including by notice of reliance and by
taking of testimony from witnesses . See TBMP §§ 703 and 704. Any
notice of reliance must be filed during the filing party's assigned
testimony period, with a copy served on all other parties. Any
testimony of a witness must be both noticed and taken during the
party's testimony period. A party that has taken testimony must serve
on any adverse party a copy of the transcript of such testimony,
together with copies of any exhibits introduced during the testimony,
within thirty (30) days after the completion of the testimony
deposition. See Trademark Rule 2.125.
Briefs shall be filed in accordance with Trademark Rules 2.128(a) and
(b). An oral hearing after briefing is not required but will be
scheduled upon request of any party, as provided by Trademark Rule
2.129.
If the parties to this proceeding are (or during the pendency of this
proceeding become) parties in another Board proceeding or a civil
action involving related marks or other issues of law or fact which
overlap with this case, they shall notify the Board immediately, so
that the Board can consider whether consolidation or suspension of
proceedings is appropriate.
ESTTA NOTE: For faster handling of all papers the parties need to file
with the Board, the Board strongly encourages use of electronic filing
through the Electronic System for Trademark Trials and Appeals (ESTTA).
Various electronic filing forms, some of which may be used as is, and
others which may require attachments, are available at http://estta.uspto.gov.
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