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`AD STATES PATENT AND TRADEMARKOFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 76/059,706 for IDAPTER
`Published in the Official Gazette of March 12, 2002
`
`TRINITI CORPORATION
`
`Opposer
`
`v.
`DARC CORPORATION
`
`Applicant
`
`)
`)
`)
`)
`) Opposition No.
`)
`)
`)
`)
`
`1,3
`
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`EXPRESS MAIL MAILING LABEL
`NUMBER: EL 831839658 US
`DATE OF DEPOSIT: July 5, 2002
`I hereby certify that this paper or fee is being deposited with
`the United States Postal Service "EXPRESS MAIL POST
`OFFICE TO ADDRESSEE" service under 37 C.F.R. 1.10 on
`the date indicated above and is addressed to: Commissioner
`for Trademarks, BOX TTAB FEE, 2900 Crystal Drive,
`Arlington, VA. 20202-3513.
`
`
`
`07/15/2002 CHRY11
`01 FC:377
`
`00000159 76059706
`300.00 DP
`
`NOTICE OF OPPOSITION
`
`Commissioner For Trademarks
`
`BOX TTAB FEB
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Triniti Corporation, a corporation of the State of Delaware, located and doing business at
`
`1275 Glenlivet Drive, Suite 330, Allentown, Pennsylvania, 18106, believes it will be damaged
`
`CHICAGO 229513v1 47063-00019
`
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`AD STATES PATENT AND TRADEMARKOFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 76/059,706 for IDAPTER
`Published in the Official Gazette of March 12, 2002
`
`TRINITI CORPORATION
`
`Opposer
`
`v.
`DARC CORPORATION
`
`Applicant
`
`)
`)
`)
`)
`) Opposition No.
`)
`)
`)
`)
`
`1,3
`
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`c5\
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`2/2
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`EXPRESS MAIL MAILING LABEL
`NUMBER: EL 831839658 US
`DATE OF DEPOSIT: July 5, 2002
`I hereby certify that this paper or fee is being deposited with
`the United States Postal Service "EXPRESS MAIL POST
`OFFICE TO ADDRESSEE" service under 37 C.F.R. 1.10 on
`the date indicated above and is addressed to: Commissioner
`for Trademarks, BOX TTAB FEE, 2900 Crystal Drive,
`Arlington, VA. 20202-3513.
`
`
`
`07/15/2002 CHRY11
`01 FC:377
`
`00000159 76059706
`300.00 DP
`
`NOTICE OF OPPOSITION
`
`Commissioner For Trademarks
`
`BOX TTAB FEB
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Triniti Corporation, a corporation of the State of Delaware, located and doing business at
`
`1275 Glenlivet Drive, Suite 330, Allentown, Pennsylvania, 18106, believes it will be damaged
`
`CHICAGO 229513v1 47063-00019
`
`i
`
`*
`
`
`
`
`
`by the registration of the IDAPTER mark that is the subject of application Serial No. 76/059,706
`
`and hereby opposes same.
`
`As grounds in support of the opposition, it is alleged that:
`
`1.
`
`Opposer is now and has been in the business of providing computer software for
`
`enhanced business to business solutions including software which creates interfaces between
`
`standard and customized enterprise resource planning packages, manufacturing execution system
`
`packages, advanced planning system packages, and electronic business integration packages.
`
`2.
`
`Opposer owns U.S. Trademark Registration No. 2,529,992 for “EDAPTER”
`
`which was filed as a use based application on May 11, 2001 for “computer sofiware for creating
`
`interfaces
`
`between
`
`standard
`
`and
`
`customized
`
`enterprise
`
`resource
`
`planning
`
`packages,
`
`manufacturing execution system packages, advanced planning system packages, and electronic
`
`business integration packages” in International Class 9 and asserts a date of first use of April 2,
`
`2000 and a date of first use in commerce of April 2, 2000.
`
`3.
`
`Opposer has so used its EDAPTER mark in connection with its goods that the
`
`EDAPTER mark has come to signify Opposer as the source and originator of the goods that
`
`Opposer offers under its EDAPTER mark.
`
`4.
`
`Applicant, Darc Corporation, filed application Serial No. 76/059,706 on May 31,
`
`2000 for the mark IDAPTER for “software for enabling interactive communication between
`
`CHICAGO 2295 l3vl 47063-00019
`
`
`
`multiple computer programs” in International Class 9. The application was filed as an “intent—to-
`
`use” application. The application was published for opposition in the Official Gazette on March
`
`12, 2002.
`
`5.
`
`Since prior to May 31, 2000,
`
`the filing date of Applicant’s intent-to-use
`
`application, Opposer has continuously used the mark EDAPTER in connection with computer
`
`software which creates interfaces between standard and customized enterprise resource planning
`
`packages, manufacturing execution system packages, advanced planning system packages, and
`
`electronic business integration packages.
`
`6.
`
`Upon infonnation and belief, the goods of Opposer and Applicant are offered in
`
`similar channels of commerce and are directed to similar customers.
`
`7.
`
`Opposer’s EDAPTER mark and Applicant’s IDAPTER mark are similar in
`
`commercial impression.
`
`8.
`
`Because Applicant’s mark so resembles Opposer’s previously used and registered
`
`EDAPTER mark and because the goods ofOpposer and Applicant are similar, are in similar
`
`channels of commerce, and are directed to similar customers, registration of IDAPTER in
`
`,
`
`connection with Applicant’s goods is likely to cause confusion, to cause mistake, or to deceive, to
`
`the irreparable damage of Opposer.
`
`CHICAGO 2295l3v1 47063-00019
`
`
`
`
`
`9.
`
`Opposer would be injured if Applicant is permitted to register and use Applicant’s
`
`IDAPTER mark for the goods specified in application Serial No. 76/059,706 because such
`
`registration and use is likely to cause confusion in trade, resulting in damage and injury to
`
`Opposer. Persons familiar with Opposer’s EDAPTER mark would be likely to assume that
`
`Applicant’s goods originated from Opposer or were offered in association or affiliation with, or
`
`under authorization by, Opposer.
`
`10.
`
`Additionally,
`
`if Applicant
`
`is granted registration for
`
`the IDAPTER mark,
`
`Applicant would obtain thereby at least prima facie evidence of a purported exclusive right to
`
`use the mark. Such registration would be a source of damage and injury to Opposer.
`
`11.
`
`Based upon the foregoing,
`
`the registration of IDAPTER will cause injury and
`
`damage to Opposer.
`
`WHEREFORE registration by Applicant of the IDAPTER mark for the recited goods in
`
`International Class 9 would be damaging to Opposer, Opposer hereby requests that registration
`
`of Serial No. 76/059,706 be denied and this opposition be sustained.
`
`Opposer hereby submits the requisite filing fee in the amount of $300.00. Please charge
`
`any additional fees to Deposit Account 10-0447 (47063-00019). A duplicate copy of this Notice
`
`of Opposition is being filed herewith for that purpose.
`
`CHICAGO 2295 l 3vl 47063-00019
`
`
`
`
`
`Please address all correspondence for this proceeding to
`
`Paul R. Kitch
`
`Jenkens & Gilchrist
`
`225 W. Washington St., Ste. 2600
`Chicago, IL 60606-3418
`Telephone (312) 425-3900
`
`Please file-stamp and return the attached postcard in acknowledgment of receipt of this
`
`Respectfiilly submitted,
`
`1 W\«
`
`
`M. Garetto
`
`NS & GILCHRIST, P.C.-
`225 West Washington Street
`Suite 2600
`
`Chicago, Illinois 60606-3418
`(312) 425-8514
`
`One of the Attorneys for Opposer
`
`correspondence and check;
`
`Date: July 5 2002
`
`CHICAGO 2295 l3vl 47063-00019
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