Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1119273
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`Filing date:
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`03/09/2021
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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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`88632447
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`The Lede Company LLC
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`Applied for Mark
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`LEDE
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`Correspondence
`Address
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`BRAD D. ROSE, ESQ.
`PRYOR CASHMAN LLP
`7 TIMES SQUARE
`NEW YORK, NY 10036
`UNITED STATES
`Primary Email: tlee@pryorcashman.com
`Secondary Email(s): tmdocketing@pryorcashman.com,
`lsawaya@pryorcashman.com
`212-326-0875
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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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`Applicant's Motion to Suspend
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`Motion to Suspend Appeal - LEDE.pdf(10202 bytes )
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`Brad D. Rose
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`tlee@pryorcashman.com, lsawaya@pryorcashman.com,
`jalbrink@pryorcashman.com, tmdocketing@pryorcashman.com
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`Signature
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`Date
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`/Brad D. Rose/
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`03/09/2021
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Trademark Application
`Serial Number: 88/632,447
`Mark: LEDE
`Filing Date: September 26, 2019
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`Proceeding: EX PARTE APPEAL
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`MOTION TO SUSPEND APPEAL PENDING OUTCOME OF CANCELLATION
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`PROCEEDING AGAINST THE CITED MARK
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`Applicant, The Lede Company LLC (“Applicant”), by and through its undersigned
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`counsel, hereby moves to suspend the above-captioned appeal proceeding pursuant to 37 C.F.R.
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`§2.117(a) and TBMP Rule 510.02(a). On March 5, 2021, Applicant filed a petition to cancel
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`(Cancellation Proceeding No. 92076625) pertinent portions of Reg. No. 5,324,280 for the mark
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`LEDE (the “Cited Mark”), which was cited as the basis for the final refusal of the above-referenced
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`Application No. 88/632,447 pursuant to Section 2(d) of the Lanham Act (the “Refusal”). The
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`Refusal based on the Cited Mark is the sole issue submitted to the Board as part of the present
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`Appeal Proceeding.
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`Applicant recently discovered that the relevant portions of the Cited Mark (which formed
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`the basis of the Refusal) are not currently in use and have not been in use in U.S. commerce by the
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`registrant of the Cited Mark for a period of three or more years before the date of the above-
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`referenced cancellation (the “Cancellation”). On that basis, Applicant has filed the Cancellation,
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`which, if successful, would render the Refusal and the present appeal moot.
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`Pursuant to 37 C.F.R. § 2.117(a), “the Board may, in its discretion, suspend a proceeding
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`pending the final determination of another Board proceeding in which the parties are involved”
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`where the same is likely to have a direct impact on the outcome of the relevant proceeding. As
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`shown above, the outcome of the Cancellation is relevant to the issue of Refusal of the Application
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`5313063 v1
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`
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`which is also the sole and unique question to be addressed in the Appeal. In such situations, “[i]t
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`is the policy of the Board to suspend . . .” Adidas America, Inc. v. Michael Calmese, Case No.
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`92048779 (TTAB Order, July 2, 2008). Therefore, “judicial economy” is best served by
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`suspension of the Appeal Proceeding.
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`Accordingly, Applicant respectfully requests that the Board grant Applicant’s motion to
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`suspend the Appeal Proceeding pending final disposition of the Cancelation.
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`Dated: March 9, 2021
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`Respectfully submitted,
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`PRYOR CASHMAN LLP
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`By: /Brad D. Rose/
`Brad D. Rose, Esq.,
`Teresa Lee, Esq.
`Laure Sawaya, Esq.
`7 Times Square
`New York, New York 10036
`(212) 421-4100
`tlee@pryorcashman.com
`Lsawaya@pryorcashman.com
`tmdocketing@pryorcashman.com
`Attorneys for Applicant, The Lede Company LLC
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