`ESTTA393067
`ESTTA Tracking number:
`02/13/2011
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`77626778
`LaPolla Industries, Inc.
`DANIEL S. POLLEY
`DANIEL S. POLLEY, P.A.
`7251 WEST PALMETTO PARK ROAD, SUITE 202
`BOCA RATON, FL 33433
`UNITED STATES
`betty@danpolley.com, dan@danpolley.com
`Applicant's Request to Extend
`7009THERM-O-FLEX TTABThirdEOT.pdf ( 2 pages )(17758 bytes )
`Daniel S. Polley
`dan@danpolley.com
`/Daniel S Polley/
`02/13/2011
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`Proceeding
`Applicant
`Correspondence
`Address
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`Submission
`Attachments
`Filer's Name
`Filer's e-mail
`Signature
`Date
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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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`77/626,778
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`December 4, 2008
`THERM-O-FLEX
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`John M. Kelly
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`117
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`1127.7009
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`In re application of
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`Serial No.
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`Filed
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`Mark
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`Trademark Attorney
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`Law Office
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`Our File No.
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`I hereby certify that this correspondence, and any attachments thereto, is being electronically filed with
`the TTAB.
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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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`February 13, 2011
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`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 February 20, 2010, be extended an additional four (4) months,
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`thus extending the time for response up to and including June 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 its sole counsel in the patent infringement litigation case in the
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`Southern District of Florida, namely, Trebor Industries, Inc. v. JL Gory, Inc. et al. Case No.
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`In re application of: LaPolla Industries, Inc.
`Serial No. 77/626,778
`Page 2
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`09-60214-CIV, and has been significantly involved with with post judgment motions and
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`appeal issues.
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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 the past several months in view of the extended discovery period. Further out of state
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`depositions and possible out of state mediation are also expected.
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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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`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 June 20, 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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`7009THERM-O-FLEX.TTABSecondEOT.doc
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