T774255
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`JUDY MCCUTCI-EN,
`
`OPPOSER,
`
`OPPOSITION NO. 91 156821
`
`V
`
`JAN DUBELL,
`
`Serial No. :78/105,321
`
`Trademark: BIG “D” REAL
`ESTATE
`
`Filing Date: January 23, 2002
`
`APPLICA" 1'
`
`Commissioner I"°rTrad~‘=m3*kS
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
`‘_.!.
`
`C
`
`niiiiiliiiiuiiiiiiiiiiiiiiuiiiiill
`
`05_18_2004
`-
`US. Pahnt & TMO1‘clTM Mail FIG?‘ DI.
`
`373
`
`APPLICANTS MOTION TO STRIKE NOTICE OF RELIANCE
`
`Applicant, JAN DUBELL, in accordance with Rule 707.02(b)(2); 2.123(1); and
`
`707.02(b)(l) of the Trademark Rules of Practice serves this Motion to Strike Opposer’s
`
`Testimony First Notice of Reliance.
`
`OBJECTIONS
`
`1.
`
`Exhibit A: Printout
`www.big_d_r§alestate.net.
`
`from Applicant
`
`Jan DuBell’s website
`
`located at
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(i) of the
`Trademark Rules of Practice. This Exhibit was untimely filed alter the close of
`Opposer’s Testimony Period is therefore not admissible for introduction by
`Notice of Reliance.
`
`
`
`

`
`
`
`2.
`
`3.
`
`Exhibit One: Photocopy Oppose: signed Certificate of Service dated April 9,
`2004.
`
`Exhibit Two: Photocopy Opposer actually mailed First Notice of Reliance in two
`packages both postmarked April 10, 2004.
`
`Applicant requests, under Trademark Rules of Practice, the evidence offered in
`Opposer’s First Notice of Reliance be excluded in entirety from consideration and
`stricken from this proceeding.
`
`Dated: 5 Z31-gig
`
`Respectfiilly submitted,
`
`By:
`
`1, Applicant
`Jan
`523 Ranch Trail Suite 142
`
`Irving,-Texas 75063
`972-831-8568
`
`
`
`

`
`
`
`QERTIFICATE QF MAILING
`
`I hereby certify that the foregoing document is being deposited with United Parcel
`Service in a parcel addressed to: Commissioner for Trademarks, 2900 Crystal Drive,
`Arlington, VA 22202-3514, on the date identified below.
`
`Dated:
`
`(‘fig
`
` §/*’
`
`ell, Applicant
`
`QERTIFIQATE QF §ERVICE
`
`1, Jan DuBell, hereby certify that I caused a copy of the foregoing document to be
`sewed on May [1 2004 by first class mail, postage prepaid, addressed to:
`Kurt
`Koenig, Koenig & Associates, 220 East Figueroa St., Santa Baxbara, CA.
`
`Executed this
`
`( 2 day ofMay, 2004 at Irving, Texas.
`
`79$...
`uBell, Applicant
`
`

`
`
`
`EXHIBIT ONE
`
`

`
`
`
`UPPUEILIUII IIU. 7| IJUDAEJ
`
`
`
`I hereby certify that the foregoing document is being deposited with the United States
`Postal Service as “Express Mail Post Office to Addressee” in an envelope addressed to:
`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3514, on the date
`identified below;
`
`Express Mail Mailing Label No. EV06629571lUS
`
`Dated: April 2, 25104
`.
`_-
`_
`
`ETH A. LINF
`
`
`
`I, Elizabeth A. Linford, hereby certify that I caused a copy of the foregoing document to
`be served on April 9, 2004 by first class mail, postage prepaid, addressed to:
`
`Jan DuBel1
`
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`
`Executed this 9th day of April 2004 at Santa Barbara, California.
`
`I‘
`
`ETH A. LINFORD
`
`
`
`

`
`
`
`EXHIBIT TWO
`
`

`
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`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IUDY MCCUTCHIN,
`
`OPPOSEK
`
`opposmon NO. 91156821
`
`V
`
`IAN DUBELL,
`
`Serial No.:78/105,321
`
`Trademark: BIG “D” REAL
`ESTATE
`
`Filing Date: January 28, 2002
`
`APPLICANT‘
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
`.
`
`muuinuInuniiuiuunmnumim: I
`
`05-18-2004
`US. Patents. TMOfcfTM Mail Flcpt Dt. we
`
`.APPLICANT’S MOTION TO STRIKE NOTICE OF RELIANCE
`
`Applicant, JAN DUBELL, in accordance with Rule 707.02(b)(2) and 2.123(1) of
`
`the Trademark Rules of Practice serves this Motion to Strike 0pposer’s Testimony First
`
`Notice of Reliance.
`
`OBJECTIONS
`
`1.
`
`Exhibit A: Printout
`www.bigd@lestate.net.
`
`from Applicant
`
`Jan DuBell’s website
`
`located at
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.l22(e) of the Trademark Rules of
`Practice. This Exhibit includes material that has not been properly authenticated
`and is therefore not appropriate for introduction by Notice of Reliance.
`
`2.
`
`Oppose: is attempting to introduce new evidence by including whole web pages
`fiom which only excerpts have been admitted through Discovery.
`
`

`
`
`
`In Applicant’s Response To 0pposer’s Second Request For Admissions No. 7
`dated February 9, 2004, Applicant admitted solely to the singular use of certain
`links
`entitled with
`certain
`phrases
`in
`the website
`posted
`as
`www.big_t1ml§state.net. These phrases include:
`“Around BIG D”, “Dallas
`Chamber of Commerce”, “Dallas Convention and Visitors Bureau”, “Locate
`Dallas Properties”, Dallas Area Aerial Photos”, “Dallas Morning News", “ Dallas
`Photos”, “Dallas Schools”, “Dallas Weather”, “Texas, Our Texas”. Opposer is
`attempting to use this admission to incorporate other text and material from the
`website herein without authentication.
`
`In Applicant's Response To 0pposer’s Second Request For Admissions No. 8
`dated February 9, 2004, Applicant admitted solely to the use of the mark “BIG D
`Real Estate, LLC” on the same page as the words “DALLAS, TEXAS REAL
`ESTATE WITH THE DUBELLS”
`in
`the website
`posted
`as
`www.bigd@estate.net. Opposer
`is attempting to use this admission to
`incorporate other
`text
`and material
`from the website herein without
`authentication.
`
`In Applicant’s Response To Opposer’s Second Request For Admissions No. 9
`dated February 9, 2004, Applicant admitted solely to the singular use of a
`notation: “Welcome to the premier site for locating Dallas homes,
`land, and
`ranches. We hope the resources you find here will help you with all your Dallas
`real estate needs” in the website posted at www.bigdrealestate.net. Opposer is
`attempting to use this admission to incorporate other text and material from the
`website herein without authentication.
`
`In Applicant’s Response To Opposer’s Second Request For Admissions No. 10
`dated February 9, 2004, Applicant admitted solely to the singular use of a
`notation: “BIG D Real Estate?” provides firll coverage of the Dallas metropolitan
`area and surrounding North Texas counties. We are intimately acquainted with
`all aspects of life in Dallas/Fort Worth and we pride ourselves in our knowledge
`of this thriving cosmopolitan area. At BIG D Real Estate” we offer extensive
`Relocation assistance for companies and individuals relocating into or out of
`Dallas. Experts in Residential and Ranch Properties, we have over 20 years
`combined experience in Dallas real estate. Let our knowledgeable BIG D1“
`agents help you create a worry free real estate transaction. We can promise you
`1“ rate performance from a brand you can trust. BIG D: Our Brand of Real
`Bstatem’ in the website posted as www.bigdrealestate.net. Opposer is attempting
`to use this admission to incorporate other text and material from the website
`herein without authentication.
`
`In Applicant’s Response To 0pposer’s Second Request For Admissions No. 11
`dated February 9, 2004, Applicant admitted solely to the singular use of a
`notation: “Dallas Home Buyers — Just tell us what you are looking for and we’ll
`find it. Click on ‘Dallas Homes’ to see BIG DTM properties we have sold or
`browse to entire North Texas MLS system and review real estate listings at your
`
`

`
`
`
`leisure” in the website posted as www.bigdrealestate.net. Opposer is attempting to
`use this admission to incorporate other text and material from the website herein
`without authentication.
`
`In Applicant’s Response To 0pposer’s Second Request For Admissions No. 12
`dated February 9, 2004, Applicant admitted solely to the singular use of a
`notation: “Dallas RanchlLand Buyers — Give us your intended use of the
`property and how much land you need, we’ll find you the perfect match. We can
`walk you through all the intricacies of country property in Texas. Click on
`‘Dallas Ranches’ to see BIG DTM properties we have sold or to browse to entire
`North Texas MLS system and review real estate listings at your leisure” in the
`website posted as www.bigdrflestate.net. Opposer is attempting to use this
`admission to incorporate other text and material from the website herein without
`authentication.
`
`In Applicant’s Response To Opposer’s Second Request For Admissions No. 14
`dated February 9, 2004, Applicant admitted solely to the singular use of a
`notation: “Dallas Recreation ~— Find out what is happening in Dallas from current
`events to Dallas Restaurants, Sports Teams and lake/fishing information” in the
`website posted as www.bigdrealestate.net. Opposer is attempting to use this
`admission to incorporate other text and material from the website herein without
`authentication.
`
`10.
`
`Opposer is attempting to introduce new evidence not previously admitted or
`authenticated according to Trademark Rules ofPractice; therefore the evidence
`included in Exhibit A is not appropriate for introduction by Notice of Reliance.
`
`Applicant requests, under Trademark Rules of Practice, the evidence offered in
`Opposer’s First Notice of Reliance be excluded in entirety from consideration and
`stricken from this proceeding.
`
`Respectfiilly submitted,
`
`Dated:
`
`'0
`
` I
`
`By:
`
`ell, Applicant
`523 Ranch Trail Suite 142
`
`Irving, Texas 75063
`972-831-8568
`
`«':;a.::-.«§..‘-V .
`
`.
`
`.-.
`
`-. _
`
`'.-.'.__.
`
`__..._
`
`

`
`
`
`CERTIFICATE OF MAILING
`
`I hereby certify that the foregoing document is being deposited with United Parcel
`Service in a parcel addressed to: Commissioner for Trademarks, 2900 Crystal Drive,
`Arlington, VA 22202-3514, on the date identified below.
`
`Dated:
`
`Z[‘0:( ell, Applicant
`
`CERTIFICATE OF SERVICE
`
`1, Jan DuBell, hereby certify that I caused a copy of the foregoing document to be
`served on May [2, 2004 by first class mail, postage prepaid, addressed to:
`Kurt
`Koenig, Koenig & Associates, 220 East Figueroa St., Santa Barbara, CA.
`
`Executed this
`
`[ 2 day of May, 2004 at Irving, Texas.
`
`
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Upposmon No. 91136821
`
`Opposition No. 91156821
`
`Serial No. 78/105,321
`
`Mark: BIG "D" REAL ESTATE
`
`Filed: January 28,2002
`
`Published: January 21, 2003
`_
`
`I’llllllllllillllifilm}!!!!.'l!ll!!!IilHlllllllll
`
`°5-18-2004
`‘*3’ ""°°““ T~'°'~=rrM Man Rent Dr. m
`
`)
`)
`)
`
`) )
`
`) )
`
`) )
`
`)
`3
`
`'
`
`JUDY MCCUTCI-IIN,
`‘
`'
`
`OPPOSER,
`
`:v_
`
`JAN DUBELL,
`
`APPLICANT.
`
`Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
` AN£E
`
`Opposer, Judy McCutchin (“McCutchin”), in accordance with Rule 2.122(e) of the
`
`Trademark Rules of Practice, submits the following printout of an Internet website available to
`
`the general public through general circulation:
`
`1.
`
`Exhibit A: Printout from Applicant Jan DuBe1l’s website located at
`www.bigdrealestate.net.
`
`This website is relevant because it demonstrates the geographical descriptiveness of the
`
`term “BIG D” as used by Applicant to promote real estate brokerage services in Dallas, Texas.
`
` Dated: AMJLZEE
`
`By:
`
`Respectfully submitted,
`
`Elizabeth A. Linford
`
`KOENIG & ASSOCIATES
`
`Attorneys for Opposer
`220 East Figueroa Street
`Santa Barbara, CA
`Tel: 805-965-4400
`Fax: 805-564-8262
`
`Email: Kurt@IncIP.com
`
`

`
`
`
`uppusmuu nu. wu.Juoz.1
`
`
`
`I hereby certify that the foregoing document is being deposited with the United States
`Postal Service as “Express Mail Post Office to Addressee” in an envelope addressed to:
`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3514, on the date
`identified below;
`
`Express Mail Mailing Label No. EV066295711US
`
`Dated: April 9, 2004
`.- .
`
`‘
`ETH A. LINF
`
`
`
`1, Elizabeth A. Linford, hereby certify that I caused a copy of the foregoing document to
`be served on April 9, 2004 by first class mail, postage prepaid, addressed to:
`
`Jan DuBell
`
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`
`Executed this 9th day of April 2004 at Santa Barbara, California.
`
`I‘
`
`E'TH A. LINFORD
`
`

`
`
`
`Upposmon No. 91130541
`
`EXHIBIT A
`
`

`
`

`
`
`
`RETURN TO TOP
`
`much land you need. we'll find you the perfect match. We can walk you through
`all the intricacies of country property in Texas. Click on “Dallas Ranches" to see
`BIG D” properties we have sold or to browse the entire North Texas MLS
`system and review real estate listings at your leisure. Horse properties available.
`
`‘A’
`
`Dallas Selle-Q - We can showcase your property to millions of potential Buyers
`wortd-wide. 24 hours a day with our BIG D7" iP|X virtual tours. Request a free
`market analysis to determine what your property is worth.
`‘k
`
`BIG D Mortgages- Information regarding current mortgage rates. qualification
`tools, market updates. and area tax rates are all available to help you make an
`informed decision.
`
`Around BIG “D" — Links to area statistics. mapping. weather information. area
`photos, school ratings. local news. and general State of.Texasinfom1ation.
`
`browse at your convenience.
`
`Qallas Rgcrgatign - Find out what is happening in Dallas from current events to
`Dallas Restaurants. Sports Teams and lakelfishing information. Use our links to
`
`‘k
`
`Jan DuBeli, GRI, ABR
`Steve DuBeI|
`S23 Ranch Trail, Suite 142
`Irving. Texas 75063
`office 972.831.3563
`
`copyright 2000 Jan DuBe|l. all rights reserved.
`
`http:Ir'www.bigdrea|cstnte.neti
`
`Page 2 of 2
`
`

`
`

`
`
`
`Farmers Branch, Texas
`Southlake, Texas
`
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`our sold properties
`
`for a closer Ioolr.
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`
`a
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`2816 Meadow
`Green Drive
`Flower Mound, Texas
`
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`
`
`
`Our combined area Multiple Listing Service allows us access to every
`property listed for sale in North Texas. If you wish to browse these listings
`yourself, you may gain access to the NTREIS MLS database directly here
`by clicking below. You may simply View listings or, you may want to
`receive new property matches by email. To set up this free service. enter
`MLS below, go to “Property Wizard”, enter your desired criteria. and your
`name 8: email address. The soflware takes it
`from there!
`
`
`
`
`
`RETURN TO TOP
`
`
`Click here to access current listings
`
`Jan DuBell, GR], ABR
`Steve DuBel|
`S23 Ranch Trail, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBe||. all rights reserved.
`
`hnp:.'Iwww. bigdrealestatc.netlresidentialhomes. him
`
`Page 2 of 2
`
`

`
`

`
`
`
`of Texas
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`Cottomeyed Joe
`
`Don't Fence Me In
`
`
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`
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`150+]-Ac. Plzi Road
`Pilot Point, Texas
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`Aubrey, Texas
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`
`~-.
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`-
`
`Click on any one ofour
`sold properties for a
`closer look.
`
`28.6+/- Ac. CR 4060
`Scurry, Texas
`
`11.29+/- Ac.
`Anna, Texas
`
`Our combined area Multiple Listing Service allows us access to every
`properly listed for sale in North Texas. If you wish to browse these
`listings yourself. you may gain access to the NTREIS MLS database
`directly here by clicking below. You may simply view listings or, you
`may want to receive new property matches by email. To set up this free
`service, enter MLS below, go to “Property Wizard‘. enter your desired
`criteria, and your name 8. emaii address. The software takes it
`from there!
`
`Click here to access current listings
`
`RETURN TO TOP
`
`
`Jan DuBe!I, GRI, ABR
`Steve DuBe!l
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`Office 972.831.8568
`
`copyright 2000 Jan DuBel|. all rights reserved.
`
`hnp:#www.bigdrcalcstalc. neu'ranches.htm
`
`Pngczofz
`
`

`
`
`
`'=:.-
`
`...;n;-—_-__ _.q..‘;‘__
`
`DALLAS, TEXAS REAL ESTATE VVITH THE DUBELLS
`
`Property Taxes
`Many people wish to compare area tax rates as a part of the research
`process when buying a home. For your convenience we have linked to the
`so you may view the latest ta; statistics.
`
`Monthly Market Updates
`Click here to view economic updates. rates, and other useful infonnation.
`Updated monthly.
`
`Mortgages
`Mortgage lending is a complicated field and should be entered into with care.
`You will probably be repaying your loan for a long time. The right lender can
`make or break your deal and it is important to know who you are aligned with
`from the start. Experience is essential. Your lender should be willing to spend
`whatever time it takes in order for you to feel comfortable and have a
`complete understanding of the entire process.
`
`Mortgage Rates
`
`Loan Officers
`
`Dallas Homes
`
`Dallas Ranches
`
`Featured Properties
`
`BIG D Mortgages
`
`Around BIG D
`
`Dallas Recreation
`
`Request Information
`
`_ Meet Jan
`
`_
`
`Email Steve
`
`@ print this page, click here
`rifles
`
`you'll need:-“I5!
`
`Listen to a Dallas Tune:
`
`
`
`
`
`
`
`‘
`
`C01 j
`.__fi,..+,,
`,,,+__
`" hm +
`Z
`N
`70 Demon , 817-858—0308ff.
`Ea?’
`Pam Forrester
`Ste. 130
`317-94es4ss -Cell
`J _ g 3 3
`C0l3|LTX750l9
`_
`i—" ” i‘i””““'‘"”
`
` on.
`17760 Preston Rd.
`972-345-9011 -Cell
`Email
`
`
`
`ii
`
`Qualifying
`One of the first questions every Buyer should ask is ‘What price property can
`
`htlpflwww.bigdrealeslarenctlfinuncinl.t:trn
`
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`JIJOID4 9:26 AM
`
`I aftord?" The easiest way to answer that question is to spend about ten
`minutes by telephone with a loan officer and become pre-qualified. We always
`recommend speaking with more than one person initiaily for comparison
`purposes, then apply with one person who will work closely with you during
`the loan process.
`
`In general, the criteria will include:
`
`1. Your gross income
`2. Cash liquidity for down payment, closing costs. and reserve requirements
`3. Current debts
`
`4. Credit history
`5. Type of mortgage loan you select
`6. Current interest rates
`
`7. Any company sponsored relocation assistance
`
`A very broad ratio for conventional approval would be no more than 28% of
`gross monthly income for your mortgage payment and no more than 36% of
`gross monthly income for debts. Your lender will calculate your total
`projected monthly housing expense: principal 8. interest, taxes, and
`insurance (PIT!) plus any other fixed expenses such as home owner's
`association dues. The new ratio should fall between 28-33% with a debt ratio
`
`of 34-38% in most cases. Please noteevery lender has their own criteria and
`program underwriting which may call for specific numbers.
`
`Pre-qualify yourself with the calculator below:
`
`Instructions
`
`Monthly Income
`
`Salary 8.
`
`;
`
`Monthly Housing Expenses
`
`Property
`
`Other Monthly Expenses
`
`income
`
`Hazard I3
`
`Auto
`
`Credit Cards &
`
`;
`
`Loan Term and Interest Rate
`
`Years In
`Loan Term
`
`b
`-
`—-
`
`lnteres
`Rate
`
`You may qualify for maximum monmly gage
`payment (P+l) ofi
`
`You may qualify for a maximum loan amount of.
`
`copyright 2000 Jan DuBell. all rights reserved.
`
`REFURN TO TOP
`
`Jan DuBell, GRI, ABR
`Steve DuBell
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`office 972.831.3568
`
`hItpzllwww.bigdrealestatenellfinancial.hrm
`
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`Much is happening in Dallas/Fort Worth. Use these links to help you
`become familiar with our area. Answer questions and View the wealth
`of information and photographs at your fingertips.
`
`Dallas Chamber ofcommeroe
`
`Enjoy Texas Hospitality
`
`Dallas Convention & Visitors Bureau
`
`BIG “D” Statistics, Demographics
`
`Locate Dallas Properties
`Maps & Driving Directions
`
`Search National flood maps
`View the Federal Emergency
`Management Agency (FEMA) site
`
`flgllgg Ag Aerial Phgtgg
`Aerial Photos, Topographic Maps,
`Environmental lnfonnation, etc.
`
`Dallas Morning News
`Browse Dallas Headlines
`
`Dallas Photos
`
`View BIG “D" Skylines
`
`Dallas Schools
`
`Ratings for BIG “D” School Districts
`
` Listen to a Dallas Tune:
`
`httpziiwww. bigdrcalestate.netibigd.htm
`
`Page 1 of 2
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`mu 1.) Real Estate: Dallas Homes and Ranches For sale
`
`JIJUIUH 971 I AM
`
`Dallas Weather
`
`Check out BIG “D" temperatures
`
`State travel and tourism, general information
`
`“Texgg, Our Texas”
`
`RETURN TO TOP
`
`Jan DuBeII, GRI, ABR
`Steve DuBe||
`523 Ranch Trail, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBelI. all rights reserved.
`
`hitp::'Iwww.blgdrca|cstnle.net2'bigd.htm
`
`Page 2 of 2
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`BIG 1) Real estate: Dallas Home: and Ranches for sale
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`JIJU-TU‘! 32$ 1 AIVI
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`DALLAS, TEXAS REAL ESTATE WCITH THE DUBELLS
`
`Dallas Homes
`
`Dallas Ranches
`
`Featured Properties
`
`BIG D Mortgages
`
`Around BIG D _
`
`Dallas Recreation
`
`Request Information
`
`Meet Jan
`
`Listen to a Dallas Tune:
`
`
`
`
`
`Dallas offers a diverse selection of entertainment and activities
`throughout the Metroplex area. Whether your tastes run in the Arts
`categories, or towards a rousing game of sports, you can be assured of
`a multitude of options. Explore the many attractions available.
`
`§.9.u;t!1£Ql:k.Ban.l=.l1
`Filming location for the television series “Dallas” and home of “JR”.
`Now a meetinglconference facility.
`
`Dallas Ballet
`Area renown, spectacular performances.
`See current engagements.
`
`Dal!
`
`h :1
`
`Always a favorite with special performance events
`and ongoing schedules.
`
`Dell
`
`Inc
`
`inm n
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`ide
`
`Updated weekly. Calendar of events & activities including
`theater and concerts.
`
`Ball G I
`
`In-depth views and listings of area public courses.
`
`flallas I-loge Racing
`Enjoy a day at the races
`
`Dallgg Lakes
`Area lake infonnation with fishing, boating tips.
`
`Dallas Mugum of Ag
`View current gallery displays and upcoming shows.
`
`Dallas Restaurang
`Select from fine dining to “Tex-Mex”, sample the
`many choices available.
`
`§ix Flags Over Texas;
`
`hltp::'lwww.bigdrca1estate.netlrecreation. htm
`
`Page I of 2
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`for all ages. Special holiday
`Amusement
`theme events and festivities.
`
`Dallas Sports Teams
`
`Dallas Stars Hockey
`
`Qallas Texas Rangers Baseball
`
`Dallas Cowboys Football
`
`Dal|a§ Mavericks Basketball
`
`RETURN TO TOP
`
`Jan DuBell, GRI, ABR
`Steve DuBell
`S23 Ranch Trall, Suite 142
`Irving, Texas 75063
`office 972.831.8568
`
`copyright 2000 Jan DuBe|l. all rights reserved.
`
`hupwwww. bigdrealestnte.net!rccrcntion.hlm
`
`Page 2 of 2
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`

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`[N THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`JUDY MCCUTCHIN,
`
`V
`
`JAN DUBELL,
`
`OPPOSEK
`
`OPPOSITION NO. 91156821
`
`Serial No. :78/105,321
`
`Trademark: BIG “D” REAL
`
`ESTATE
`
`Filing Date: January 23, 2002
`
`APPLICAN I '
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3514
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
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`- 004
`05 18 2
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`u.s. Patent a. momrm Ma" “°°‘
`
`131, #78
`
`APPLICANT’S MOTION TO STRIKE NOTICE OF RELIANCE
`
`Applicant, JAN DUBELL, in accordance with Rule '707.02(b)(2); 2.123(1); and
`
`707.02(b)(1) of the Trademark Rules of Practice serves this Motion to Strike Opposer’s
`
`Testimony Second Notice of Reliance.
`
`OBJECTIONS
`
`1.
`
`Exhibit A: Nexis printout of article dated November 25, 2001 from the Dallas
`Morning News’ Ideas at Work Column.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`2.
`
`Exhibit B: Nexis printout of article dated October 26, 2001 from the Dallas
`Morning News’ Real Estate Column.
`
`

`
`
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`Exhibit C: Nexis Printout of Article dated October 12, 2001 from the Dallas
`Morning News entitled “KPMG Deal Reawakens Sleepy Dallas Office Real
`Estate Market” by Steve Brown.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`Exhibit D: Nexis printout of article dated July 8, 2001 fiom the Dallas Morning
`News Ideas at Work Column.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`Exhibit E: Nexis printout of article dated June 20, 2001 from The Press
`Enterpn'se’s Andy McCue Column.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2. l22(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed afier the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`Exhibit F: Nexis printout of article dated June 10, 2001 from the Dallas Morning
`News’ Ideas at Work Column.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`Exhibit G: Nexis printout of article dated June 3, 2001 from the Dallas Morning
`News entitled “Irving, Texas, Takes a Look at Tourism Data” by Suzanne Marta.
`
`

`
`
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(l) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`Exhibit H: Nexis printout of article dated May 6, 2001 from the Dallas Morning
`News’ Ideas at Work Column.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`9.
`
`Exhibit 1: Nexis printout of article dated April 11, 2001 from Tulsa World entitled
`Leaders See Tulsa, Okla, Shifting toward Tech Emphasis” by Nicole Mascenzi
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.l22(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`10.
`
`Exhibit J: Nexis printout of article dated March 6, 2001 from the Fort Worth
`Star-Telegram entitled “Dallas/Fort Worth Airport Uses aviation Forum to Woo
`International Flights” by Byron Okada.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.122(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`11.
`
`Exhibit K: Nexis printout of article dated February 7, 2001 from The Dallas
`Morning News entitled “Amtrak Plans New York City-Dallas Route” by Tony
`Hartzel.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.122(e) and 707.02(b)(l) of the
`Trademark Rules of Practice. This Exhibit was untimely filed alter the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`12.
`
`Exhibit L: Nexis Printout of article dated October 31, 2000 from The Dallas
`
`Morning News’ Robert Miller Column.
`
`

`
`
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.l22(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`13.
`
`Exhibit M: Nexis Printout of article dated October 15, 2000 from The Dallas
`Morning News’ Ideas at Work Column.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.l22(e) and 707.02(b)(1) of the
`Trademark Rules of Practice. This Exhibit was untimely filed alter the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`14.
`
`Exhibit N: Nexis printout of article dated September 24, 2000 from The Dallas
`Morning News entitled “Air Travelers Discover Benefits of Dallas Love Field” by
`Katherine Yung.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet the procedural requirements of Rule 2.122(e) and 707.02(b)(l) of the
`Trademark Rules of Practice. This Exhibit was untimely filed alter the close of
`Opposer’s Testimony Period and is therefore not admissible for introduction by
`Notice of Reliance.
`
`15.
`
`Exhibit 0: Nexis printout of article dated September 24, 2004 fi'om The Dallas
`Morning News entitled “Dallas-Based Magazine Aims to Portray City as High-
`Tech Mecha” by John Kirkpatrick.
`
`Applicant objects to this evidence in its entirety on the grounds that it does not
`meet
`the procedural requirements of Rule 2.122(e) and 707.02(b)(l) of the
`Trademark Rules of Practice. This Exhibit was untimely filed after the close of
`Opposer’s Testimony Period is therefore not admissible for introduction by
`Notice of Reliance.
`
`16.
`
`17.
`
`Exhibit One: Photocopy Opposer signed Certificate of Service dated April 9,
`2004.
`
`Exhibit Two: Photocopy Opposer actually mailed First Notice of Reliance in two
`packages both postmarked April 10, 2004.
`
`

`
`
`
`Applicant requests, under Trademark Rules of Practice, the evidence offered in
`Opposer’s Second Notice of Reliance be excluded in entirety from consideration and
`stricken from this proceeding.
`
`Dated: 57! Z ['0 #
`
`Respectfully submitted,
`
`By:
`, Applicant
`Jan
`523 Ranch Trail Suite 142
`
`Irving, Texas 75063
`972-831-8568
`
`

`
`
`
`CERTIFICATE OF MAHJNG
`
`I hereby certify that the foregoing document is being deposited with United Parcel
`Service in a parcel addressed to: Commissioner for Trademarks, 2900 Crystal Drive,
`Arlington, VA 22202-3514, on the date identified below.
`
`Dated:
`
`['03 ell, Applicant
`
`CERTIFICATE OF SERVICE
`
`I, Jan DuBell, hereby certify that I caused a copy of the foregoing document to be
`served on May [1 , 2004 by first class mail, postage prepaid, addressed to: Kurt
`Koenig, Koenig & Associates, 220 East Figueroa St., Santa Barbara, CA.
`
`Executed this
`
`day ofMay, 2004 at Irving, Texas.
`
`
`
` ell, Applicant
`
`

`
`EXHIBIT ONE
`
`

`
`
`
`UPPUSIIIUH H0. 3| IJDOJI
`
`ERTIFI
`
`A L
`
`S
`
`IL
`
`I hereby certify that the foregoing document is being deposited with the United States
`Postal Service as “Express Mail Post Office to Addressee” in an envelope addressed to:
`Commissioner for Trademarks, 2900 Crystal Drive, Arlington, VA 22202-3514, on the date
`identified below‘.
`
`Express Mail Mailing Label No. EV066295711US
`
`Dated: April 9, 2004
`.
`-
`
`EL
`
`ETI-I A.I..INF
`
`ERTIFI A
`
`R
`
`1, Elizabeth A. Linford, hereby certify that I caused a copy of the foregoing document to
`be served on April 9, 2004 by first class mail, postage prepaid, addressed to:
`
`Jan DuBe]1
`
`523 Ranch Trail, Suite 142
`
`Irving, Texas 75063
`
`Executed this 9th day of April 2004 at Santa Barbara, California.
`
`
`
`

`
`
`
`EXHIBIT TWO
`
`

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