Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA373880
`ESTTA Tracking number:
`10/19/2010
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`77626768
`LaPolla Industries, Inc.
`DANIEL S. POLLEY
`DANIEL S. POLLEY, P.A.
`7251 WEST PALMETTO PARK ROAD, SUITE 202
`BOCA RATON, FL 33433
`UNITED STATES
`dan@danpolley.com, beatrizbemal@bellsouth.net
`Applicant's Request to Extend
`7010THERMO-FLEX.TTABSecondEOT.pdf ( 3 pages )(23026 bytes )
`Daniel S. Polley
`dan@danpolley.com
`/Daniel S Polley/
`10/19/2010
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`Proceeding
`Applicant
`Correspondence
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`Submission
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`Filer's Name
`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`LaPolla Industries, Inc.
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`77/626,768
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`December 4, 2008
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`THERMO-FLEX
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`John M. Kelly
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`117
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`1127.7010
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`CERTIFICATE OF MAILING
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`In re application of
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`I hereby certify that this correspondence, and any attachments thereto, is being electronically filed with the
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`Daniel S. Polley
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` Name of Person Mailing
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`/Daniel S. Polley/
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` Signature
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`October 19, 2010
`Date
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`REQUEST FOR EXTENSION OF TIME FOR FILING
`APPLICANT’S APPEAL BRIEF
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`Mail Stop TTAB
`Commissioner for Trademarks
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`Dear Sir:
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`It is respectfully requested that the time now set for filing Applicant-Appellant’s
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`appeal brief, presently due October 20, 2010, be extended an additional four (4) months,
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`thus extending the time for response up to and including February 20, 2011.
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`This request is not made for purposes of delay, but to allow counsel additional time
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`to prepare its comprehensive brief on the issues of record.
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`Applicant’s counsel, the undersigned counsel has had limited contact with
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`Applicant and thus has been unable to sufficiently consult with Applicant regarding the
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`issues in the appeal.
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`During the past four months the undersigned counsel has been involved in
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`representing the Plaintiff as it sole counsel in a patent infringement lawsuit filed on March
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`12, 2010 (Trebor Industries, Inc. v. Regatta AS, et al – Case No. 0:10-cv-60371-Jordan –
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`In re application of: LaPolla Industries, Inc.
`Serial No. 77/626,768
`Page 2
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`Southern District of Florida), which has been quite active since its filing. The litigation
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`matter has now settled after a two day settlement conference.
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`The undersigned counsel continues to be actively involved in the litigation case
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`pending in the Southern District of Florida, namely, Trebor Industries, Inc. v. JL Gory, Inc.
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`et al. Case No. 09-60214-CIV, with discovery and settlement conferences recently
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`transpiring and upcoming mediation, additional discovery and dispositive motions required
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`over the next couple months. Furthermore, the trial for this litigation is currently set for
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`January 10, 2011, which will also require significant pretrial preparation and filings being
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`required. Currently, the undersigned is the sole counsel representing the Plaintiff in this
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`litigation.
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`The undersigned is also heavily involved in a federal trademark litigation matter in
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`the District Court of Nevada in Las Vegas, Nevada (Glen J. Lerner et al. v. Richard Sackett
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`et al, Case No. 2:08-cv-01123-KJD-RJJ). The Las Vegas litigation has also been quite
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`active this past month and should continue at such pace for at least the next few months as
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`the discovery was recently extended by the Court, which will result in significant additional
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`discovery and third party discovery being conducted. Over the past few months, the
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`undersigned has traveled twice to Las Vegas, Nevada and once to Flagstaff, Arizona for
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`depositions and hearings involving this litigation.
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`The undersigned counsel also continues to be involved in several other pre-
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`litigation matters.
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`In addition to the above, the undersigned counsel is involved with other
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`unanticipated matters which have required that counsel’s attention be diverted away from
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`matters scheduled on counsel’s docket.
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`Lastly, the undersigned counsel’s daughter has been suffering with chronic pain
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`issues in her foot and was enrolled in a recently completed three week pain management
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`program at the Cleveland Clinic in Cleveland Ohio. The undersigned spent a large portion
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`of the three weeks in Cleveland. Additional follow up visits to Cleveland are currently
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`being scheduled and the undersigned counsel will be accompanying his daughter on such
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`trips.
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`In re application of: LaPolla Industries, Inc.
`Serial No. 77/626,768
`Page 3
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`As this is an Ex Parte Appeal, not involving other parties, it is respectfully believed
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`that this Request will not be prejudicial to any third party.
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`It is therefore respectfully requested that Applicant-Appellant be granted ample
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`time, until February 28, 2011, in which to file its Appellant’s Brief.
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`Respectfully submitted,
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`/Daniel S. Polley/
`Daniel S. Polley, Reg. No. 34,902
`DANIEL S. POLLEY, P.A.
`7251 W. Palmetto Park Road, Suite 202
`Boca Raton, Florida 33433
`Phone (561) 347-5955
`Fax (561) 807-5987
`Email: dan@danpolley.com
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`7010THERMO-FLEX.TTABSecondEOT.doc