u.s.Patent5TM01‘c:'TMMailRent0!.#78
`
`12-30-2003
`
`IllllllllllllllllllllllllllllllllllllIllllllllllll
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of application Serial No. 76l378,l56
`Published in the Official Gazette on September 17, 2002
`
`Myles L. Berman,
`
`Opposer,
`
`V.
`
`FREDERICK 13- 3T0RMS=
`
`Apphcam
`
`\_./\—/\—/\_/\J’\-.JN-—/‘--—/\-.-/\_/
`
`Opposition No. 91 15425]
`
`Mark: FRIENDS DON’T LET FRIENDS
`
`PLEAD GUILTY
`
`Application Serial No. 76/378 156
`
`International class 42
`
`OPPOSER MYLES. L BERMAN’S SUPPLEMENTAL
`
`RESPONSE TO APPLICANTS REQUEST FOR PRODUCTION OF DOCUMENTS
`
`Opposer pursuant to Rule 34 of the Federal Rules of Civil Procedures supplements its
`
`previous response to production of documents with the enclosed newly discovered documents
`
`relating to Opposer’s first meeting with Applicant. Further, Opposer pursuant to Rule 33 of the
`
`Federal Rules of Civil Procedure
`
`also supplements his prior answer
`
`to Applicant’s
`
`interrogatories.
`
`\\LA-SRV0l\BovassoL\2 i46I4v0l\70l43.0l0200
`
`1
`
`
`
`12-30-2003
`
`IllllllllllllllllllllllllllllllllllllIllllllllllll
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of application Serial No. 76l378,l56
`Published in the Official Gazette on September 17, 2002
`
`Myles L. Berman,
`
`Opposer,
`
`V.
`
`FREDERICK 13- 3T0RMS=
`
`Apphcam
`
`\_./\—/\—/\_/\J’\-.JN-—/‘--—/\-.-/\_/
`
`Opposition No. 91 15425]
`
`Mark: FRIENDS DON’T LET FRIENDS
`
`PLEAD GUILTY
`
`Application Serial No. 76/378 156
`
`International class 42
`
`OPPOSER MYLES. L BERMAN’S SUPPLEMENTAL
`
`RESPONSE TO APPLICANTS REQUEST FOR PRODUCTION OF DOCUMENTS
`
`Opposer pursuant to Rule 34 of the Federal Rules of Civil Procedures supplements its
`
`previous response to production of documents with the enclosed newly discovered documents
`
`relating to Opposer’s first meeting with Applicant. Further, Opposer pursuant to Rule 33 of the
`
`Federal Rules of Civil Procedure
`
`also supplements his prior answer
`
`to Applicant’s
`
`interrogatories.
`
`\\LA-SRV0l\BovassoL\2 i46I4v0l\70l43.0l0200
`
`1
`
`
`
`
`
`SUPPLEMENTAL RESPONSE TO APPLICANT’S REQUEST FOR
`
`DOCUMENTS NO. 4
`
`Document Reguest No.
`
`Please provide any documentation, including but not limited to papers, notes, and letters,
`
`relating to your use and adoption of the mark FRIENDS DON’T LET FRIENDS PLEAD
`
`GUILTY.
`
`Answer to Document Reguest No. 1
`
`Phone Call Message relating to March 26 telephone call from Applicant to Opposer
`
`(MLB).
`
`Document Reguest No. 2
`
`Please provide any documentation, including but not limited to papers, notes, and letters,
`
`relating to your use and adoption of the mark FRIENDS DON’T LET FRIENDS PLEAD
`
`GUILTY.
`
`Answer to Document Reguest No. 2
`
`Note dated March 11, 1997 and March 18, 1997 made by Opposer (MLB) relating to
`
`Opposer’s return of Applicant’s telephone call.
`
`Document Reguest No. 3
`
`Please provide any documentation, including but not limited to papers, notes, and letters,
`
`relating to your use and adoption of the mark FRIENDS DON'T LET FRIENDS PLEAD
`
`GUILTY.
`
`Answer to Document Reguest No. 3
`
`Advertisement headed “American Association OF ATTORNEY BREATH ALCOHOL
`
`TECH. PA in the form of a letter dated March 10, 1997 to Opposer. Stapled to this letter is an
`
`advertisement card from Applicant entitled Frederick E. Storms and the envelope these items
`
`were sent showing Applicant’s office as the sender
`
`\\LA-SRVO]\BovassoL'\2l46l4v0l\70l43.0l0200
`
`2
`
`
`
`
`
`Document Reguest N0. 4
`
`Please provide any documentation, including but not limited to papers, notes, and letters,
`
`relating to your use and adoption of the mark FRIENDS DON’T LET FRIENDS PLEAD
`
`GUILTY.
`
`Answer to Document Reguest No. 4
`
`Advertisement headed STATE VS. Mr. Steven Beecher undated and signed by Applicant.
`
`Stapled to this advertisement is a card entitled WARNING with “Be A Designated Driver.
`
`Friends Don’t Let Friends Drive Drunk.” on one side thereof. Also, stapled to this letter is the
`
`same advertisement card from Applicant as in 3 above, an advertisement dated March 12, 1997
`
`from Applicant to Opposer and the envelope which was used to send these materials showing
`
`Applicant as the sender.
`
`\\LA-SRV0l\BovassoL\21461-4v0l\70l43.010200
`
`3
`
`
`
`
`
`SUPPLEMENTAL ANSWERS TO INTERROGATORIES
`
`Interrogatory No. 12
`
`Please state the date on which you first knew of Applicant.
`
`Answer to Interrogatogy No. 12
`
`The newly discovered documents produced herein in response to Request for Production
`
`No. 4 support Opposer’s position that Applicant first corresponded with Opposer in March 1997
`
`and jogged Opposer’s recollection that he had first met Applicant February 1997 at a seminar in
`
`Las Vegas.
`
`Interrogatogy No. 13
`
`Please state whether you are aware of a service mark FRIENDS DON’T LET FRIENDS
`
`PLEAD GUILTY used for legal services of Applicant.
`
`Answer to Interrogatogy No. 13
`
`See Supplemental Answer to Interrogatories No. 12
`
`Interrogatogy No. 14
`
`If the answer to Question 13 is in the affirmative, please state the date on which you first
`
`became aware of the mark FRIENDS DON’T LET FRIENDS PLEAD GUILTY used for legal
`
`services of Applicant.
`
`Answer to Interrogatogy No. 14
`
`See Supplemental Answer to Interrogatories No. 12
`
`Interrogatogy No. 16
`
`If the answer to Question 15 is in the affirmative, please state the dates and on what
`
`occasions you have met Applicant.
`
`Answer to Interrogatory No. 16
`
`See Supplemental Answer to interrogatories N0. 12
`
`\\LA-SRVO l\Bovass0L\2 l46l4v0l\'70143.0 10200
`
`4
`
`
`
` E
`
`Interrogatofl N0. 19
`
`Please state whether Applicant has ever contacted you.
`
`Answer to Interrogatogj No. 19
`
`See Supplemental Answer to Interrogatories No. 12
`
`Interrogatogy N0. 20
`
`If the answer to Question 19 is in the affirmative, please state when and what was said.
`
`Answer to Interrogatogg No. 20
`
`See Supplemental Answer to Interrogatories No. 12
`
`Interrogatogy No. 24
`
`Please state whether you are aware of advertising other than your own using the mark
`
`FRIENDS DON’T LET FRIENDS PLEAD GUILTY for legal services, the date on which you
`
`first became aware of such other advertising and identify the advertising.
`
`Answer to Interrogatogg No. 24
`
`See Supplemental Answer to lnterrogatories No. 12
`
`Date:
`
`/ 2
`
`2)
`
`Respectfully submitted,
`
`
`
`LOUIS J. BOV SO
`
`Greenberg Traurig, LLP
`2450 Colorado Avenue, Suite 400E
`
`Santa Monica, California 90404
`
`Telephone: (310) 586-7700
`Facsimile:
`(310) 586-7800
`
`\\LA-SRVO l\BovassoL\2l46l4v0l\70l43.0l0200
`
`5
`
`
`
`
`
`CERTIFICATE OF MAILING
`
`A copy of the foregoing paper was mailed by first class mail to:
`
`Anthony G. Eggink
`ANTHONY G. EGGINK & ASSOCIATES
`
`3100 First National Bank Building
`332 Minnesota Street
`
`St. Paul, Minnesota 55101
`
`On this 23"‘ day of December 2003
`
`Anita Chou
`
`\\LA-SRVO 1 \B0vass0L‘\2 l 46 I 4v0]\70|43 .Ol0200
`
`\\LA-SRVO l\BovassoL\2 l 46 1 4V0 l\70 143 .0 10200
`
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`SIGNED
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` '
`
`— FREDERICK E. STCQMS
`ATTORNEY AT LAW
`CALL (612) 430-2390
`
`KEEP IN WALLET OR PURSE
`
`1) YOU CAN TELEPHONE AN ATTORNEY PRIOR TO TESTING
`Be polite to the police oflicer and state that on your Attorney's advice
`you are doing l:he following things:
`2) DO NUI‘ ANSWER QUESTIONS BEYOND NAME AND ADDRESS
`Assert your Fifth Amendment right to remain silent. Any answer, no
`matter how unimportant it may seem, can hurt you later in court. Do
`not lill out any fonns.
`'
`3) DO TAKE THE PRELIMINARY BREATH TEST (P.B.T.)
`Tltis test is usually given in the police car and the test results are not
`normally used in court.
`4) DO NOT PERFORM THE FIELD SOBRIETY TESTS
`You have a right to refuse to place finger to nose, walk a straight line.
`
`etc. These tests only incriminate you no matter how well you do.
`5) DO TAKE THE INTOXILIZER 5000 BREATH TEST
`Ifyou refuse this test. you will lose your driver license for 1 year. It
`is a crime to refuse the test. Request a blood or urine test as your score
`may be lower {the police oflicer does not have to olfer these tests. but
`may agree to).
`Some extreme facts may make it advantageous to refuse the breath
`test. For example, a death in an accident, severe personal injury.
`numerous prior DWIs, or severe intoxication.
`6) DO CONTACT A LAWYER
`
`Your rights are on the line. insurance costs, fines. jail. and expensive
`uweatment now confront you.
`YOU NEED A STRONG DEFENSE.
`
`
`
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`. Advertisement
`
`State vs
`
`'
`
`.
`
`teven Be
`
`r
`
`1013
`Still
`
`0th Apt Upper
`(1
`e MN 55082
`
`S QUALIFICATIONS
`
`E‘
`
`
`
`?°."E’5":“?"!‘-’
`
`Graduated from the First Class of the National College of DUI
`DEFENSE, at ILARVARD UNIVERSITY.
`Certified to administer Breath Tests with Intoxilyzer 5000.
`Certified as a Breath Alcohol Technician.
`
`Certified to administer (grade) drivers on Field Sobriety Tests;
`(one leg stand, walk and turn and watch the pen).
`Founding member of Minnesota Society for Criminal Justice.
`Served as a Military Police Officer for more that 3 years.
`Appointed to the Minneapolis Police Reserves.
`Member, International Association for Chemical Testing.
`
`The Judges and Prosecutor's Staff know that I will TRY a Case!
`
`O FICE 430-2390 HOME 647-9227
`
`-
`
`Q/may
`
`Fred Storms
`
`Attorney at Law
`Breath Alcohol Technicaion
`
`You can call me at home!
`
`Conference locations available; Phone for appointment:
`COTTAGE GROVE
`MINNEAPOLIS
`MAPLEWOOD
`
`Parranto & Davis
`
`Suite 204
`
`1538 White Bear Ave
`
`Maplewood, MN
`
`
`
`
`
`
`
`P’.
`
`-
`
`A we.
`
`Residence
`144$ Jessamine Ave, Suite 109
`St. Paul, Minnesota 55138
`
`.
`Q
`AMERICAN ASSQQATIQN OF ATTORNEY.
`"S “BREATH
`TECHNICIAN. PA
` SEhmVT
`'
`
`.._,_\
`
`I
`
`;
`‘
`
`I
`
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`A
`
`'
`
`PHONE 430-2390
`
`" Dffice
`1940 South Greeley, Suite 205
`Stillwater, Minnesota 55082
`
`Mr. Myles L. Berman
`9255 Sunset Boulevard Suite 720
`Les Angelse, California 90069
`
`March 12, 1997
`
`Dear Mr. Berman:
`* M Eeeme tellyou.why.yonAs‘heul.d.t:al1:tl1is office!_ _Rgc_e:c3tl . I was Scheduled
`
`"” ""'f6r'2Tfiify'Ti'ia'lsWhaf followsis l1oW‘I’re.seIve'd’tlre Jury Trials vents, offtiie‘
`trial date.
`
`"‘ “““ “'“
`
`A. The First Trial:
`
`CHARGES;
`CHARGE DISMISSED
`1.
`DWI;
`2. REFUSING TEST; CHARGE DISMISSED
`
`The Defendant entered a plea to CARELESS DRIVING No time in Jail no Fine.
`B. The Second Trial:
`1. DWI;
`CHARGE DISMISSED.
`2. BAC .10;
`CHARGE DISMISSED.
`3.. BAC .10 WI! 2 I-IRS; CHARGE DISMISSED.
`All charges were DISMISSED and we wallged out the Door !
`After 18 years as an attorney, I have learned when to try case and when to
`walk out the door. While not all cases are DWI, this should give you an idea
`of how much I work for a client!
`DEFENSE IS ALL I DO, I DO IT WELL!
`Now you know why you should call this office. You can even call me at home!
`
`‘
`
`“OFFICE 430-2390
`
`HOME 647-9227 .
`
`Fred E. Storms
`Attorney at Law
`Breath Alcohol Technician # 867
`
`Law Conference location available; B]-19515, this office for appointment:
` &QEE
`Mfltafllils
`M&LE_W.Q9D
`Conference Room
`James Reichert
`Parranto & Davis
`Washington County
`Attorney at Law
`-Attorney at Law
`District Court
`Lumber Exchange N.
`Suite 204
`8180 Blendon Blvd.
`Suite 2?0
`1538 White Bear Ave
`301 4th Ave S.
`
`£iQLD.EN_flsLLEX
`Jim Binaco
`Attorney at Law
`Suite 150
`750 Boone Ave N
`
`
`
`
`
`
`
`
`
`_.FREDERICK E. sT0;v1s
`ATTORNEY AT LAW
`
`CALL (612) 430.2390
`
`KEEP IN WALLET OR PURSE
`
`\\'Il.\'l' ’l‘() l)() l.\' .\ D\\'l S'l‘()l’
`
`1) YOU CAN TELEPHONE AN ATTORNEY PRIOR TO TESTING
`Be polite to the police oflicer and state that on your Attorney’: advice
`you are doing the following things:
`2) DO NOT ANSWER QUESTIONS BEYOND NAME AND ADDRESS
`Assert your Fifth Amendment right to remain silent. Any answer. no
`matter how unimportant it may seem. can hurt you later in court. Do
`not fill out any forms.
`3) DO TAKE THE PRELIMINARY BREATH TEST (P.B.T-)
`This test is usually given in the police car and the teat results are not
`normally used in court.
`4) DO NOT PERFORM THE FIELD SOBRIETY TESTS
`You have a right to refuse to place finger to nose. walk a straight line,
`
`etc. These tests only incriminate you no matter how well you do.
`5) D0 TAKE THE INTOXILIZER S000 BREATH TEST
`If you refuse this test. you will lose your driver license for 1 year. It
`in acrirne to refuse the test. Request a blood or urine test as your score
`may be lower (the police officer does not have to offer these tests. but
`may agree to ).
`Some extreme facts may make it advantageous to refuse the breath
`test. For example, a death in an accident, severe personal injury.
`numerous prior I)“’Ie, or severe intoxication.
`6) DO CONTACT A LAWYER
`Your rights are on the line. insurance costs, linec,jai1, and expensive
`°‘°‘“"“°"‘ “°"' °°“‘“’"‘ ”°““YoU NEED A STRONG DEFENSE
`
`(J.\l.l.
`
`24 HRS.
`
`(012) 430-2390
`
`
`
`
`
`
`
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