Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA810273
`03/29/2017
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Applicant
`
`86743092
`
`TekSavvy Solutions Inc.
`
`Applied for Mark
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`TEKSAVVY
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`Correspondence
`Address
`
`Submission
`
`Attachments
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`BEN D TOBOR
`GREENBERG TRAURIG LLP
`1000 LOUISIANA ST , STE 1700
`HOUSTON, TX 77002-5001
`UNITED STATES
`toborb@gtlaw.com, gtipmail@gtlaw.com
`
`Applicant's Motion to Suspend
`
`TEKSAVVY-010200-Motion to Suspend Appeal.pdf(76523 bytes )
`Teksystems Inc v Teksavvy Solutions Inc.pdf(1608350 bytes )
`
`BEN D. TOBOR
`
`toborb@gtlaw.com, gtipmail@gtlaw.com
`
`/bendtobor/
`
`03/29/2017
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`§ §
`
`§ §
`
`§ §
`
`§ § §
`
`IN RE: TekSavvy Solutions Inc.
`
`SERIAL NO.:
`
`86/743,092
`
`FILED:
`
`MARK:
`
`08/31/2015
`
`TEKSAVVY
`
`ATTORNEY DOCKET NO. 160598.010200
`
`United States Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`PO. Box 1451
`
`Alexandria, VA 22313-1451
`
`MOTION TO SUSPEND APPEAL
`
`Applicant, TekSavvy Solutions Inc. ("TekSavvy"), respectfully moves that the appeal of
`
`the refusal to register the above-captioned mark, be suspended pursuant to TBMP § 1213(1)
`
`(2014).
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`Good cause for this Motion is found in the attached pleadings that that may be dispositive
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`of the issues involved in the present appeal. Attached are a copy of the complaint and exhibits
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`filed in the United States District Court, for the District of Maryland, Baltimore Division, Civil
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`Action No. 1:16-cv—04125-ELH, TEKSYSTEMS, INC. v. TEKSAVVY SOLUTIONS, INC.,
`
`filed December 29, 2016 ("Maryland Case").
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`The registration that
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`is the basis of the refusal
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`to register in the above-captioned
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`application is US. Registration No. 4,3 89,639, for the mark TEKSAVVY and is owned by the
`
`HOU 408626155V1
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`1
`
`

`

`plaintiff in the attached complaint, TEKsystems, Inc. ("TSI").
`
`In the complaint, TSI seeks a
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`declaratory judgment of validity of its registration for TEKSAVVY over the rights of TekSavvy
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`in its TEKSAVVY mark. TSI further claims that the present applicant, TekSavvy, is infringing
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`upon the rights of TSI.
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`As set forth in the complaint, including Exhibits A and B thereto, counsel for Applicant
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`was requesting a Consent to Registration from TSI based upon Applicant's prior use of the mark
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`TEKSAVVY for a blog of Applicant in the United States prior to the date of first use of the mark
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`of the TSI registration.
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`The above-captioned application of this appeal
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`is referenced in
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`paragraph 12 and Exhibit A of the complaint.
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`In paragraph 18 of the complaint, counsel for TSI
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`alleged that "TekSavvy would file a Petition to Cancel TEKsystems' TEKSAVVY Registration
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`in the Trademark Trial and Appeal Board unless TEKsystems consents to TekSavvy's
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`registration of TEKSAVVY in the USPTO."
`
`The Maryland Case is in its early stages, and no discovery has been taken yet.
`
`Applicant submits that the Maryland Case may be dispositive of the issues involved in
`
`the present appeal, in that Applicant's rights in its TEKSAVVY mark over the mark of the
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`registration of TSI are at issue in the Maryland Case and may be decided therein, or agreed upon
`
`by TekSavvy and TSI in a settlement of the Maryland Case.
`
`In View of the foregoing information and the Maryland Case, Applicant respectfully
`
`requests that this motion be granted and that the appeal be suspended pending final determination
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`of the Maryland Case.
`
`Respectfully sub itted,
`
`
`fi
`
`Ben D. Tobor
`
`Greenberg Traurig LLP
`
`HOU 408626155v1
`
`

`

`1000 Louisiana, Suite 1800
`Houston, Texas 77002
`Phone: 713-374-3568
`
`Fax: 713-754-7568
`
`ATTORNEYS FOR APPLICANT,
`TekSavvy Solutions Inc.
`
`HOU 408626155v1
`
`

`

`District of Maryland (CM/ECF Live 6.1)
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`Case 1:16-cv-04125-ELH Document 1 Filed 12/29/16 Page 1 of 6
`Case 1:16-cv-O4125-ELH Document 1 Filed 12/29/16 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF MARYLAND
`Baltimore
`
`TEKSYSTEMS, INC.
`
`Plaintiff,
`
`v.
`
`TEKSAVVY SOLUTIONS, INC.
`
`Serve on:
`
`Benjamin D. Tobor
`Greenberg Traurig, LLP
`1000 Louisiana Street, Suite 1700
`Houston, Texas 77002
`
`Defendant.
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`*
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`*
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`>l<
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`*
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`*
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`*
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`*
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`*
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`COMPLAINT
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`Civil Action No.
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`*
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`*
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`*
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`*
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`*
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`Plaintiff TEKsystems, Inc., by its undersigned counsel, files this Complaint against
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`TekSavvy Solutions, Inc., and states as follows:
`
`1.
`
`Plaintiff TEKsystems, Inc. (“TEKsystems”) is a Maryland corporation with
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`corporate headquarters located at 7437 Race Road, Hanover, Maryland 21076. TEKsystems has
`
`provided IT staffing solutions, IT services, and IT management expertise since 1997.
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`TEKsystems’ 80,000 IT professionals are deployed at 6,000 client sites annually across North
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`America, Europe, and Asia. TEKsystems also maintains a blog for IT industry professionals and
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`employers entitled “TEKsavvy.”
`
`2.
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`Defendant TekSavvy Solutions, Inc. (“TSS”) is a Canadian company with
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`corporate headquarters located at 800 Richmond St., Chatham, ON, N7M 515. Upon information
`
`[347009 2 l2/29/20lé
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`

`

`Case 1:16-cv-04125-ELH Document 1 Filed 12/29/16 Page 2 of 6
`Case 1:16-cv-O4125-ELH Document 1 Filed 12/29/16 Page 2 of 6
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`and belief, TSS offers telecommunications and website development services to consumers
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`residing in Canada.
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`JURISDICTION AND VENUE
`
`3.
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`This is an action for trademark infringement under 15 U.S.C. §§ 1114 et seq, and
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`declaratory judgment under 28 U.S.C. § 2201 pursuant to an actual controversy within this
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`Court’s jurisdiction.
`
`4.
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`This Court has personal jurisdiction over TSS pursuant to Md. Code Ann, Cts &
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`Jud. Proceedings § 6-103 because, inter alia, TSS alleges that it engages in a persistent course of
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`conduct making computer information available to internet users in the state of Maryland.
`
`5.
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`This Court has jurisdiction over the subject matter of this action pursuant to 28
`
`U.S.C. §§ 1331 and 1338 because the matter in controversy involves a question of federal
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`trademark law.
`
`6.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1391(c)(3).
`
`FACTS
`
`7.
`
`Beginning at least as early as November 21, 2012, TEKsystems has used the
`
`trademark TEKSAVVY on a continuous basis in interstate commerce in connection with
`
`maintaining a blog (the “Blog”). TEKsystems makes the Blog available to the general public in
`
`connection with providing its services.
`
`8.
`
`The Blog provides career advice, commentary on industry trends, and tips for
`
`using hardware and software to IT job seekers, professionals, and employers. The Blog also
`
`advertises job openings with TEKsystems.
`
`9.
`
`The Blog is regularly updated, is open to the public for comments, and readers
`
`comment on the articles. Readers may interact with the Blog’s moderatOr in the comments
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`[347009 2 [2/29/2016
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`

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`Case 1:16-cv-04125-ELH Document 1 Filed 12/29/16 Page 3 of 6
`Case 1:16-cv-O4125-ELH Document 1 Filed 12/29/16 Page 3 of 6
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`section, who may provide more information about the services TEKsystems offers, or direct
`
`particular readers to TEKsystems” current job openings.
`
`10.
`
`TEKsystems owns a registration in the United States Patent and Trademark Office
`
`(“USPTO”) for the trademark TEKSAVVY, U.S. Reg. No. 4,389,639, issued on August 20,
`
`2013 (“TEKSAVVY” or “Registration”).
`
`1 1.
`
`TEKsystems has invested significant time and resources into building and
`
`maintaining the Blog, and it is entitled to benefit from the recognition and goodwill associated
`
`with the exclusive use of TEKSAVVY in connection with these services.
`
`12.
`
`On December 7, 2016, TEKsystems received an email, attached hereto and made
`
`a part hereof as Exhibit A, from TSS’s counsel, Benjamin Tobor. Mr. Tobor stated that TSS
`
`attempted to register the term “TEKSAVVY” under two separate applications, for trademark
`
`classes 38 and 42, including long distance telephone services, ISP services, and website
`
`development services. Mr. Tobor alleged that TSS began posting a blog under the TekSavvy
`
`name (the “TSS Blog”) prior to TEKsystems’ use of TEKSAVVY. The USPTO refused
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`registration based on likelihood of confusion with TEKsystems’ existing Registration.
`
`13.
`
`14.
`
`TSS has not posted an article on the TSS Blog since May 4, 2015.
`
`None of the articles visible on the TSS Blog are open for comments or any other
`
`form of user feedback.
`
`15.
`
`The TSS Blog entries do not feature advertisements from third-parties or links to
`
`goods or services offered by TSS.
`
`l6.
`
`TSS’s web site allows access to the web site only if the visitor selects a location
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`from a list of Canadian provinces.
`
`13470092 12/29/20 I 6
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`

`

`Case 1:16-cv-04125-ELH Document 1 Filed 12/29/16 Page 4 of 6
`Case 1:16-cv-O4125-ELH Document 1 Filed 12/29/16 Page 4 of 6
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`17.
`
`In response to TEKsystems’ request that TSS clarify the nature of its services
`
`provided in the United States, TekSavvy confirmed that TSS is “a Canadian corporation that
`
`provides certain services to customers in Canada, such as its telecommunications and website
`
`development services, among others.” TSS also “renders a website featuring blogs, and on-line
`
`journals, namely, blogs .
`
`.
`
`. in both the United States and Canada.” TekSavvy’s correspondence
`
`is attached hereto and made a part hereof as Exhibit B.
`
`18.
`
`Mr. Tobor stated in both emails that TekSavvy would file a Petition to Cancel
`
`TEKsystems’ TEKSAVVY Registration in the Trademark Trial and Appeal Board unless
`
`TEKsystems consents to TekSavvy’s registration of TEKSAVVY in the USPTO.
`
`COUNT I
`
`(Declaratory Judgment of Validity of TEKsystems’ Trademark Rights)
`
`19.
`
`TEKsystems restates and incorporates by reference as if fully set forth the
`
`allegations of paragraphs 1 through 18, inclusive.
`
`20.
`
`TSS’s use of the term TEKSAVVY in connection with posting a blog in Canada
`
`is not a “use in commerce” in the United States that entitles it to trademark registration in the
`
`USPTO.
`
`21.
`
`TEKsystems is entitled to the exclusive use of its TEKSAVVY mark by virtue of
`
`its registration and continuous use of TEKSAVVY in interstate commerce for more than four (4)
`
`years in connection with maintaining a blog providing career advice, commentary on industry
`
`trends, and tips for using hardware and software to IT job seekers, professionals, and employers.
`
`22.
`
`TSS’s correspondence threatening litigation creates an actual controversy within
`
`the Court’s jurisdiction.
`
`13470091 12/29/2016
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`

`

`Case 1:16-cv-04125-ELH Document 1 Filed 12/29/16 Page 5 of 6
`Case 1:16-cv-O4125-ELH Document 1 Filed 12/29/16 Page 5 of 6
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`COUNT II
`
`(Trademark Infringement)
`
`23.
`
`TEKsystems restates and incorporates by reference as if fully set forth the
`
`allegations of paragraphs 1 through 22, inclusive.
`
`24.
`
`TSS alleges that it is using the term TEKSAVVVY in connection with providing
`
`a blog on IT news and information to the general public in Maryland.
`
`25.
`
`26.
`
`TSS does not have TEKsystems” consent to use the TEKSAVVY mark.
`
`TSS’s use of,“TekSavvy” in connection with the TSS Blog is likely to cause
`
`confusion, cause mistake, or to deceive consumers as to the affiliation, connection, or association
`
`of TSS with TEKsystems, and/or as to the origin, sponsorship, or approval of TSS’s services or
`
`commercial activities, causing damage to TEKsystems, in violation of the Lanham Act, 15
`
`U.S.C. § 1114.
`
`29.
`
`On information and belief, TSS’s infringing conduct has caused irreparable injury
`
`to TEKsystems’ reputation and goodwill for which TEKsystems has no adequate remedy at law.
`
`30
`
`On information and belief, TSS’s infringing conduct has caused actual harm to
`
`TEKsystems in loss of customers and market share.
`
`WHEREFORE, TEKsystems, Inc. respectfully requests the following relief:
`
`A.
`
`A declaration that TEKsystems, Inc.’s use and registration of the TEKSAVVY
`
`mark remains valid, was not obtained fraudulently or contrary to the provisions of 15 U.S.C. §§
`
`1052(a)-(c) or 1054, has not been abandoned, has not become the generic name for the goods or
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`services in connection with which the mark is used, and is not being used by or with permission
`
`of the registrant to misrepresent the source of the goods or services on or in connection with
`
`13470092 12/29/20l6
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`

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`Case 1:16-cv-04125-ELH Document 1 Filed 12/29/16 Page 6 of 6
`Case 1:16-cv-O4125-ELH Document 1 Filed 12/29/16 Page 6 of 6
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`which the mark is used, and that TekSavvy Solutions, Inc. is not entitled to registration of the
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`mark;
`
`B.
`
`A permanent injunction enjoining TekSavvy Solutions, Inc., its officers,
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`members, agents, servants, employees, attorneys, affiliates, and those in active concert or
`
`participation with them, from using, reproducing, advertising, or promoting in connection with
`
`any IT-focused blog or related IT services the TEKSAVVY name or mark or any confusingly
`
`similar name or mark in the United States;
`
`C.
`
`An award of damages, plus prejudgment and post judgment interest, to
`
`TEKsystems, Inc. in an amount to be determined at trial;
`
`D.
`
`An award to TEKsystems, Inc. of its reasonable attorneys’ fees and costs for this
`
`action; and
`
`E.
`
`Such other and further relief as this Court deems equitable and just.
`i
`
`l
`
`Respectfully :5th1 ii
`
`
`
`ted,
`
`
`
`She-3y H. Fla w ‘cdet | Bar No. 03517
`Jordan D. Rosenfeld - Federal Bar No. 13694
`
`Saul Ewing LLP
`500 East Pratt Street, 9th Floor
`Baltimore. Maryland 21202
`(410) 332-8784 (Telephone)
`(410) 332-8785 (Facsimile)
`sflax@saul.com
`
`Attorneys for Plaintiff
`TEKsystems, Inc.
`
`Dated: December 29, 2016
`
`1347009 2 | 2/29/20] 6
`
`

`

`Case 1:16-cv-04125-ELH Document 1-1 Filed 12/29/16 Page 1 of 3
`Case 1:16-cv—04125-ELH Document 1-1 Filed 12/29/16 Page 1 of 3
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`

`

`Case 1:16-cv-04125-ELH Document 1-1 Filed 12/29/16 Page 2 of 3
`
`
`
`From: ToborB@gtlaw.com [ mailto: ToborB@gtlaw.com]
`Sent: Wednesday, December 07, 2016 6: 06 PM
`To: Flax, Sherry H.
`Subj ect: TEKsavvy Service Mark Reg. 4,389,639; Our file 160598.010200/ US
`
`
` Re: U.S. Service Mark Registration No. (cid:886),(cid:885)(cid:890)(cid:891),(cid:888)(cid:885)(cid:891), for TEKsavvy of
`TEKsystems, )nc.
` Dear Ms. Flax:
` We represent TekSavvy Solutions, )nc., a corporation of Canada in connection
`with its U.S. trademark matters. Our client has two pending applications to
`register TEKSAVVY in Classes (cid:885)(cid:890) and (cid:886)(cid:884), application Serial Nos. (cid:890)(cid:888)/(cid:889)(cid:886)(cid:885),(cid:882)(cid:891)(cid:884)
`and (cid:890)(cid:888)/(cid:889)(cid:886)(cid:885),(cid:883)(cid:882)(cid:883) for local and long distance telephone services, )SP services
`and website development services, among others. Registration has been
`refused based upon your client's registration of TEKsavvy in Class (cid:886)(cid:883) for on-
`line journals, namely, blogs and providing a website featuring blogs.
` We are seeking a Consent To Registration from your client for our client's
`applications.
` Our client had a TekSavvy Blog in the United States since at least as early as
`November (cid:883)(cid:888), (cid:884)(cid:882)(cid:883)(cid:883). Copies of our client's TekSavvy Blog of November (cid:883)(cid:888),
`(cid:884)(cid:882)(cid:883)(cid:883) and December (cid:885), (cid:885)(cid:882)(cid:883)(cid:883) from the WayBackMachine )nternet Archive are
`attached. Additionally, copies of portions of the first page of each of those
`blogs as they appear are also attached, wherein the right-hand column
`indicates archived blogs from September (cid:884)(cid:882)(cid:883)(cid:883) through December (cid:884)(cid:882)(cid:883)(cid:883).
` Our client's website is www.teksavvy.com, and its blogs are located at
`http://blogs.teksavvy.com.
` We note that your client's registration indicates a date of first use of its mark
`of at least as early as November (cid:884)(cid:883), (cid:884)(cid:882)(cid:883)(cid:884). Our research on the
`WayBackMachine )nternet Archive does not indicate any use of your client's
`mark for blogs on its website at www.teksystems.com any earlier than the end
`of (cid:884)(cid:882)(cid:883)(cid:884).
` Our client desires to obtain registrations of its TEKSAVVY marks for the
`services set forth in its two pending applications. One option would be to
`
`1347147.1 12/29/2016
`
`

`

`Case 1:16-cv-04125-ELH Document 1-1 Filed 12/29/16 Page 3 of 3
`
`
`
`obtain from your client a Consent To Registration, with standard and typical
`terms and conditions. )ts other option would be to seek to cancel your client's
`registration based upon our client's prior use of its mark TEKSAVVY for blogs
`in the United States. Our client would of course prefer to amicably resolve this
`situation without filing a cancellation proceeding, and trust that would also be
`your desire.
` After you have had an opportunity to review this information, please give me
`a call so we can further discuss our client's request. Your cooperation in this
`matter is appreciated.
` We trust that the foregoing information is sufficient for your purposes;
`however, if you have any questions or require any further information, please
`do not hesitate to contact us.
` Very truly yours,
` Ben D. Tobor
`
`
`Ben D. Tobor
`Shareholder
`Greenberg Traurig, LLP | 1000 Louisiana St reet | Suit e 1700 | Houst on, TX 77002
`Tel 713. 374. 3568 | Fax 713. 754. 7568 | Cell 713. 446. 8939
`ToborB@gt law. com | www. gt law. com
`
`
`
`
`
`
`
`
`
`
`If you are not an intended recipient of confidential and privileged information in this email,
`please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate
`such information.
`
`
`
`
`1347147.1 12/29/2016
`
`

`

`Case 1:16-cv-04125-ELH Document 1-2 Filed 12/29/16 Page 1 of 3
`Case 1:16-cv—04125-ELH Document 1-2 Filed 12/29/16 Page 1 of 3
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`

`

`Case 1:16-cv-04125-ELH Document 1-2 Filed 12/29/16 Page 2 of 3
`
`
`
`From: <ToborB@gtlaw.com>
`Date: December 20, 2016 at 1:27:02 PM EST
`To: <SFlax@saul.com>
`Subject: RE: TEKsavvy Service Mark Reg. 4,389,639; Your file 160598.010200/US
`
`Dear Ms. Flax:
`
` You are correct that our client is a Canadian corporation that provides certain
`services to customers in Canada, such as its telecommunications and website
`development services, among others. Additionally, our client also renders a
`"website featuring blogs", and "on-line journals, namely, blogs”, just like your
`client, in both the United States and Canada. )ts Class (cid:886)(cid:883) services relating to
`its blog have been provided, or rendered, in the United States since at least as
`early as November (cid:883)(cid:888), (cid:884)(cid:882)(cid:883)(cid:883), as set forth in our email below. Our client's
`blogging services have been rendered in commerce that may be regulated by
`the U.S. Congress -- commerce between the United States and a foreign
`country. T.M.E.P. § (cid:891)(cid:882)(cid:883).(cid:882)(cid:885). "Offering services via the )nternet has been held
`to constitute use in commerce, since the services are available to a national
`and international audience who must use interstate telephone lines to access
`a website." (cid:523)T.M.E.P. § (cid:891)(cid:882)(cid:883).(cid:882)(cid:885)(cid:524). See Planned Parenthood Fed'n of Am., Inc. v.
`Bucci, (cid:886)(cid:884) USPQ(cid:884)d (cid:883)(cid:886)(cid:885)(cid:882) (cid:523)S.D.N.Y. (cid:883)(cid:891)(cid:891)(cid:889)(cid:524), aff'd, (cid:883)(cid:887)(cid:884) F.(cid:885)d (cid:891)(cid:884)(cid:882) (cid:523)(cid:884)d Cir. (cid:883)(cid:891)(cid:891)(cid:890)(cid:524).
`
` We submit that our client has superior rights to the mark TEKSAVVY for its
`Class (cid:886)(cid:883) blogging services in the United States, as well as Canada, based upon
`its prior use in the United States of its mark in connection with its blog, and
`this use would provide a basis to seek cancellation of your client's mark in the
`U.S. Our client simply wants to obtain registrations for its TEKSAVVY marks
`for the services set forth in its two pending applications, without the necessity
`of filing a cancellation proceeding against your client's registration. This is the
`basis of our request for a Consent To Registration as set forth in my email
`below, and as we recently discussed on the telephone. Provided we can
`obtain a Consent to Registration, we believe that we will be readily able to
`agree to your client keeping its registration and continuing to use its mark in
`the United States, and that this would be part of a side agreement to the
`Consent To Registration.
`
` We trust that the foregoing information is sufficient for your purposes;
`however, if you have any questions or require any further information, please
`do not hesitate to contact us.
`
`
`1347149.1 12/29/2016
`
`

`

`Case 1:16-cv-04125-ELH Document 1-2 Filed 12/29/16 Page 3 of 3
`
`
`
`Best regards, and you and yours have a Joyous (oliday season and a (ealthy
`and a (appy (cid:884)(cid:882)(cid:883)(cid:889).
`
` Ben Tobor
`
`
`
`
`
`Ben D. Tobor
`Shareholder
`Greenberg Traurig, LLP | 1000 Louisiana St reet | Suit e 1700 | Houst on, TX 77002
`Tel 713. 374. 3568 | Fax 713. 754. 7568 | Cell 713. 446. 8939
`ToborB@gt law. com | www. gt law. com
`
`
`
`
`
`
`1347149.1 12/29/2016
`
`

`

`Case lIlB-CV-O4125-ELH Document 1-3
`F” Ci 12/29/16 P
`l
`Case 1:16-cv-04125-ELH Document 1-3 Filed 12/29/16 Page 1 of 1
`CIVIL COVER SHEETe
`“44 (Rev-0W)
`age
`0f 1
`The IS 44 civil cover sheet and the information contained hereinlneither replace nor supgernent the film and service of pleadings or other papers as re uired by law, except as
`provrtlcd by local. rules nfcnur't.
`I Iris Iorm. approved by the Iudrcral Conference of the
`nrted States in
`eptember 1974, is required for the use of the
`lerk of Court for the
`purpnsc n1 Illlllflllllg the cunt docket SIIL‘L‘I.
`(SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
`
`I. a PLAINTIFFS
`TE(K)SYSTEMS, INC.
`
`DEFENDANTS
`TEKSAVW SOLUTIONS, INC.
`
`(b) County of Residence ofFirst Listed Plaintiff Anne Arundel County
`(EXCEPTIN US. PLAINTIFF CASES)
`
`County of Residence of First Listed Defendant
`(IN US. PLAINTIFF CASES ONLY)
`NOTE:
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`(c) Attorneys (Firm Name, Address, and Telephone Number)
`
`Attorneys (1/Known)
`
`II. BASIS OF JURISDICTION (Place an "X" in One Box Only)
`
`D 1 US. Govemment
`Plaintiff
`
`5 3
`
`Federal Question
`(US. Government Not a Party)
`
`I3 2 US. Government
`Defendant
`
`I3 4 Diversity
`(Indicate Citizenship ofParties in Item 11])
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box/or Plain/1'17
`(For Diversity Cases Only)
`and One Boxfor Defendant)
`PTF
`PTF
`DEF
`13
`1
`0 4
`D 4
`
`DEF
`t3
`
`1
`
`Incorporated or Principal Place
`of Business In This State
`
`Citizen of This State
`
`Citizen of Another State
`
`Citizen or Subject of a
`Fnr'ci
`.n {‘nunt
`
`13 2
`
`D 3
`
`I3
`
`t3
`
`2
`
`3
`
`Incorporated and Principal Place
`of Business In Another State
`
`Foreign Nation
`
`I3
`
`13
`
`5
`
`6
`
`13 5
`
`CI 6
`
`rl'lm'r'an "X" tnriire Box Unity
`IV.
`m“ .1
`13 l 10 Insurance
`PERSONAL INJURY
`PERSONAL INJURY
`I3 625 Drug Related Seizure
`3 120 Marine
`3 310 Airplane
`3 365 Personal Injury -
`ofProperty 21 USC 881
`3 130 Miller Act
`3 315 Airplane Product
`Product Liability
`[3 690 Other
`3 I40 Negotiable Instrument
`Liability
`3 367 Health Carel
`3 150 Recovery of Overpayment
`3 320 Assault, Libel &
`Pharmaceutical
`& Enforcement oflrrrlgnrcrn
`Slander
`Personal Injury
`3 151 Medicare Act
`CI 330 Federal Employers’
`Product Liability
`3 152 Recovery ofDefaulted
`Liability
`0 368 Asbestos Personal
`Student Loans
`[3 340 Marine
`Injury Product
`(Excludes Veterans)
`13 345 Marine Product
`Liability
`13 153 Recovery of Overpayment
`Liability
`PERSONAL PROPERTY 13 710 Fair Labor Standards
`ofVeteran’s Benefits
`3 350 Motor Vehicle
`3 370 Other Fraud
`Act
`
`3 355 Motor Vehicle
`13 160 Stockholders’ Suits
`3 371 Truth in Lending
`I3 720 Labor/Management
`I3 190 Other Contract
`Product Liability
`3 380 Other Personal
`Relations
`13 195 Contract Product Liability
`I3 360 Other Personal
`Property Damage
`I3 740 Railway Labor Act
`Cl 196 Franchise
`Injury
`3 385 Property Damage
`CI 751 Family and Medical
`13 362 Personal Injury -
`Product Liability
`Leave Act
`Medical Malractice
`I3 790 Other Labor Litigation
`D 791 Employee Retirement
`Income Security Act
`
`D 440 Other Civil Rights
`I3 44] Voting
`I3 442 Employment
`3 443 I-Iousingl
`Accommodations
`3 445 Amer. w/Disabilities -
`Employment
`3 446 Amer. w/Disabilities -
`Other
`13 448 Education
`
`
`
`
`
`Habeas Corpus:
`3 463 Alien Detainee
`3 510 Motions to Vacate
`Sentence
`3 530 General
`I3 535 Death Penalty
`Other:
`I3 540 Mandamus & Other
`CI 550 Civil Rights
`13 555 Prison Condition
`13 560 Civil Detainee -
`Conditions of
`Confinement
`
`Cl 462 Naturalization Application
`13 465 Other Immigration
`Actions
`
`I3 422 Appeal 28 USC 158
`I3 423 Withdrawal
`28 USC 157
`
`
`
`3 861 HIA (1395ft)
`3 862 Black Lung (923)
`3 863 DIWC/DIWW (405(g))
`3 864 SSID Title XVI
`3 865 RSI (405(g))
`
`13 870 Taxes (US. Plaintiff
`or Defendant)
`13 871 IRS—Third Party
`26 USC 7609
`
`3 375 False Claims Act
`Cl 376 eri Tam (31 USC
`3729(a))
`3 400 State Reapportionment
`mflm‘iflm 3 410 AntitrUSI
`3 820 Copyrights
`3 430 Banks and Banking
`3 830 Patent
`CI 450 Commerce
`6 840 Trademark
`I3 460 Deportation
`3 470 Racketeer Influenced and
`Corrupt Organizations
`3 480 Consumer Credit
`CI 490 Cable/Sat TV
`I3 850 Seeuritieleommodities/
`Exchange
`I3 890 Other Statutory Actions
`CI 891 Agricultural Acts
`3 893 Environmental Matters
`13 895 Freedom of Information
`Act
`3 896 Arbitration
`3 899 Administrative Procedure
`Act/Review or Appeal of
`Agency Decision
`13 950 Constitutionality of
`State Statutes
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`[I 210 Land Condemnation
`CI 220 Foreclosure
`13 230 Rent Lease & Ejectrnent
`13 240 Torts to Land
`I3 245 Tort Product Liability
`13 290 All Other Real Property
`
`[I
`
`3 Remanded from
`Appellate Court
`
`13 4 Reinstated or
`Reopened
`
`V. ORIGIN (Place an "X" in One Box Only)
`13 6 Muitidistrict
`I3 8 Multidistrict
`Cl 5 Transferred from
`X1 Original
`I3 2 Removed from
`Lrtrgatron -
`Litigation -
`Another District
`Proceeding
`State Court
`Transfer
`Direct File
`.r' u-t-trirt
`
`
`Cite the US. Civil Sluttrlc under which you are lilin (Do not citejurisdictional statutes unless diversity):
`15 U.S.C. section 1114. et se and 28 U.
`.0. section 2201
`
`VI. CAUSE OF ACTION
`Brief description oII’cause:
`Trademark Infringement and Declaratory Judgment
`
`III CHECK IF THIS rs A CLASS ACTION
`DEMAND 3;
`VII. REQUESTED IN
`COMPLAINT:
`UNDER RULE 23, F.R.Cv.P.
`
`
`
`
`
`CHECK YES only ifdemanded in complaint:
`JURY DEMAND:
`CI Yes
`KNo
`
`DOCKET NUMBER
`
`.— _
`
`VIII. RELATED CASE(S)
`IF ANY
`
`.
`r
`V
`(see 'm'r'mmm)’
`
`JUDGE
`SIGNATURE DP ATTORNEY OF RECORD
`
`
`
`DATF
`12/29/2016
`FOR OFFICE [IS [-2 ONLY
`
`
`RECEIPT ll
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`

`

`Case 1:16-cv-04125-ELH Document 1-4 Filed 12/29/16 Page 1 of 2
`
`A0 440 (Rev. 06/ 12) Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Maryland
`
`Civil Action No.
`
`3 ) )
`
`)
`3
`
`) ) ) )
`
`)
`
`TEKSYSTEMS, INC.
`
`
`
`Plaintijfls)
`V.
`
`TEKSAVW SOLUTIONS, INC.
`
`
`
`Defendant(s)
`
`SUMMONS IN A CIVIL ACTION
`
`To: (Defendant’s name and address) TEKSAVVY SOLUTIONS, INC_
`Serve On: Benjamin D. Tobor, Esq.
`Greenberg Traurig
`1000 Louisiana Street, Suite 1700
`Houston, TX 77002
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
`whose name and address are:
`Sherry H. Flax, Esq.
`Saul Ewing LLP
`500 E. Pratt St., Suite 900
`Baltimore, MD 21202
`(410) 332-8784 (Telephone)
`sflax@saul.com
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`
`
`
`Signature of Clerk 0r Deputy Clerk
`
`CLERK OF COURT
`
`

`

`Case 1:16-cv-04125-ELH Document 1-4 Filed 12/29/16 Page 2 of 2
`
`A0 440 (Rev. 06/ 12) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (1))
`
`PROOF OF SERVICE
`
`This summons for (name ofindividual and title, any)
`
`was received by me on (date)
`
`
`
`
`
`El I personally served the summons on the individual at (place)
` on (date) ; or
`
`
`
`
`
`El I left the summons at the individual’s residence or usual place of abode with (name)
`
`
`, a person of suitable age and discretion who resides there,
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`El I served the summons on (name ofindividual)
`
`
`
`, who is
`
`designated by law to accept service of process on behalf of (name oforganization)
`
`
`on (date)
`
`
`
`; or
`
`El I returned the summons unexecuted because
`
`
`
`; or
`
`D Other (specifiz):
`
`My fees are 33
`
`for travel and $
`
`for services, for a total of $
`
`0_00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`
`
`Server ’s signature
`
`
`
`Printed name and title
`
`
`
`Server ’s address
`
`Additional information regarding attempted service, etc:
`
`