Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1069271
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`Filing date:
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`07/20/2020
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`Applicant
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`88164332
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`Lake Effect Ice Cream, LLC
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`Applied for Mark
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`LAKE EFFECT ARTISAN ICE CREAM
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`Correspondence
`Address
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`ELLEN S.SIMPSON
`SIMPSON & SIMPSON PLLC
`5555 MAIN STREET, SUITE 2
`WILLIAMSVILLE, NY 14221
`UNITED STATES
`Primary Email: TrademarkEFS@idealawyers.com
`Secondary Email(s): esimpson@idealawyers.com, trade-
`markefs@idealawyers.com
`716-626-1564
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`Submission
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`Attachments
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Notification of Final Determination of Civil Proceeding
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`Notification of Final Determination 07-20-20.pdf(84038 bytes )
`Exhibit 1.pdf(512615 bytes )
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`Ellen S. Simpson
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`TrademarkEFS@idealawyers.com, esimpson@idealawyers.com
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`/Ellen S. Simpson/
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`07/20/2020
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`
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`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of US. Trademark Application Serial No.88] 64332 (Consolidated)
`In the Matter of US. Trademark Application Serial No. 88164367
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`Applicant:
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`Lake Effect Ice Cream, LLC
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`Marks:
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`LAKE EFFECT ARTISAN ICE CREAM
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`
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`NOTIFICATION OF FINAL DETERMINATION OF CIVIL PROCEEDING
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`Applicant, Lake Effect Ice Cream, LLC (“Applicant”), by and through its counsel
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`Simpson & Simpson, PLLC, hereby notifies the Board of the final determination of the civil
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`action 199 Delaware Avenue, Inc. v. Lake Eflect Artisan Ice Cream, et al. Civil Action No. 1:19-
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`cv-00224, which was filed in the United States District Court, Western District of New York. A
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`copy of the final order which issued in the civil action is attached herein as Exhibit 1.
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`Since the date of the suspension of the appeals of the refusal to register the above
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`referenced applications, the civil proceeding was settled by the parties. The Plaintiff in the
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`complaint, 199 Delaware Avenue, Inc.,
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`the owner of US. Service Mark Registration No.
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`3185742 which has been cited against Applicant’s pending applications for registration, has
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`consented to the registration of the Applicant’s marks. As such, Applicant respectfully requests
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`that the Board reinstate Applicant’s appeal in order that proceedings on the applications may
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`move forward.
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`
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`DATED: July 20, 2020
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`Respectfully submitted,
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`
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`Ellen S. Si pson E
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`Attorney for Applicant
`SIMPSON & SIMPSON PLLC
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`5555 Main Street
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`Williamsville, New York 14221
`(tel) 716-626-1564
`(fax) 716-626-0366
`(email) esimpson@idealawxersxom.
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`
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`CERTIFICATION UNDER 37 C.F.R. §1.8
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`I hereby certify that this NOTIFICATION OF FINAL DETERMINATION OF CIVIL
`PROCEEDING is being filed electronically with the United States Patent and Trademark Office
`utilizing the Electronic System for Trademark Trials and Appeals on this 20th day of July, 2020.
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`Ellen S. Si§pson E
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`Attorney for Applicant
`SIMPSON & SIMPSON PLLC
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`5555 Main Street
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`Williamsville, New York 14221
`(tel) 716-626-1564
`(fax) 716-626-0366
`(email) esimpsonfirgidealawyerscom
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`
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`U.S. Trademark Application Serial No. 88164332 (Consolidated)
`U.S. Trademark Application Serial No. 88164367
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`Marks: LAKE EFFECT ARTISAN ICE CREAM
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`EXHIBIT 1
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`
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`Case 1:19-cv-00224-EAW-HBS Document 47 Filed 06/29/20 Page 1 of 1
`Case 1:19-cv-00224-EAW-HBS Document 47 Filed 06/29/20 Page 1 of 1
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`UNITED STATES DISTRICT COURT
`WES'I‘ERN DISTRICT OF NEW YORK
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`199 DELAWARE AVENUE, mo,
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`Plaintiff,’
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`LAKE EFFECT ARTISAN ICE CREAM, and
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`Civil Action No.
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`l9—CV—00224
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`LAKE EFFECT ICE CREAM HERTEL, LLC, and
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`LAKE EFFECT ICE CREAM, LLC, and
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`LAKE EFFECT ICE CREAM WHOLESALE, LLC, and.
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`.l.V,AKE EFFECT CANAL STREET, LLC,
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`Defendants.
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`STIPULATION 0F DISMISSAL WITH PREJ'UDICE
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`The parties to this action, acting through counsel, and pursuant Federal Rule of Civil
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`Procedure 4l(a)(:l)(A)(ii) hereby stipulate, in consideration of a negotiated settlement executed
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`by them, to the Dismissal With Prejudice of this action, including all claims and counterclaims
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`stated herein against all parties, with each party to bear its own attorney’s fees and costs.
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`Datedil/m 1“ 51°10
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`KLOSS, STENGER & LDTEMPIO
`y .
`.
`Att
`e S for Plar '
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`SIMPSON & SIMPSON I’LLC
`J
`.
`.
`Attorne 2s '07" Deflmdanfs
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`
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`Buffalo, New York 14202
`(716) 853-1111
`jdkloss@klosslaw com
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`Williamsville, New York 14221
`(716) 626-1564
`esimpwn@idealamvers. com
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`14
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`DATED: 06/29/2020
`DATED: 06/29/2020
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`
