`
`
`
`Mark D. Marderosian, Esq.
`Dreier LLP
`
`499 Park Avenue
`
`New York, New York 10022
`Telephone — (212) 328-6100
`Facsimile —- (212) 328-6101
`
`IN THE UNITED STATES TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 78/218646
`
`Mark: CINEPRO
`
`Application Serial No. 7 8/21 8646
`Filed: February 25, 2003
`Published: November 4, 2003
`Applicant: Powell, Michael J.
`Opposition No. 91159541
`
`I
`
`Eii{§i5é§6fi§é7,'E6ii§i3.X1l}¥£1l}E3?E}i}§3"I
`COSSIFOS, and MICHAEL PANICCI,
`:
`
`Dacmamou or couusar
`IN OPPOSITION TO THE MOTION
`
`Opponents,
`
`2
`
`—- against --
`
`MICHAEL J. POWELL,
`
`Applicant.
`....................................................--X
`
`MARK D. MARDEROSIAN, Esq. declares as follows:
`
`1.
`
`My law firm represents applicant MICHAEL J. POWELL in this matter and
`
`respectfully submits this Declaration in opposition to the motion dated October 13, 2004 filed by
`
`opposer CONSTANTINE “GUS” COSSIFOS (the “Motion”).
`
`2.
`
`This firm received the First Document Demand and First Interrogatories (both
`
`dated May 24, 2004) at issue in the pending motion around June 4, 2004. This firm served
`
`reciprocal discovery demands on opposing counsel by first class United States mail on
`
`September 13, 1004. Exhibits 1 and 2. Opposing counsel hasn’t responded to those demands
`
`and, in fact, has suggested in correspondence that he never received them. Martin Aff., Ex.E.
`
`lllllllllllllllllllllll||||Hlllllllllllllllllllll
`
`{00l04226.DOC;}
`
`1 1-04-2004
`
`.4..,n._a.........Ls..3;
`‘
`’*4““"”'*“9F”?i.“‘.‘?4
`
`
`
`
`
`3.
`
`To complicate matters, opposing counsel commenced a plenary state court action
`
`nvolving the “CINEPRO” mark on August 12, 2004 in California Superior Court, Placer County.
`
`Exhibit 3. Despite a medical emergency involving my elderly father, opposing counsel refused
`
`to grant our clients a brief extension within which to answer or file motions in that case. I made
`
`the necessary filings in time, while tending to my parent’s needs in rural Ohio. Even so,
`
`opposing counsel actually sent me a letter threatening to seek a default in the event we failed to
`
`pay appropriate filing fees to the California Superior Court on time. Exhibit 4.
`
`4.
`
`We responded to his First Document Demand in a letter dated October 5, 2004.
`
`In that letter, we made clear that “all documents within our client’s possession, custody, and/or
`
`control that are responsive to your initial demand were attached as exhibits to the various
`
`affidavits our client submitted to the TTAB in May 2004” and that Mr. Powell would
`
`“supplement our response as additional responsive documents are created and/or otherwise
`
`become available” (Martin Decl. Ex.D). Having produced them already, we saw no need to
`“exalt form over substance” by producing them again. We made our position clear in a letter,
`
`which opposing counsel saw fit to exclude from his motion papers. Exhibit 5.
`
`5.
`
`Our client stands ready to supplement and/or revise his responses in any way the
`
`Board deems appropriate under the circumstances. He simply requests until December 1, 2004
`
`to complete that task. He also urges the Board to direct opposers to serve their responses to his
`
`reciprocal demands, which have been outstanding since late-September. Discovery is scheduled
`
`to close in this matter on January 1, 2005 accordingto the order issued on September 2, 2004 by
`
`the presiding Interlocutory Attorney. Exhibit 6. The parties have ample time to exercise their
`respective rights and to honor their reciprocal responsibilities in this regard.
`
`6.
`
`More important to the merits in this proceeding, our client stands poised to
`
`complete his purchase of the now-defunct Cinepro’s remaining assets. Should that sale be
`
`consummated on the terms under discussion, Mr. Powell will have positioned himself to show
`
`ownership and usage continuity going back almost a decade before his initial filing in February
`
`2003. Any proceeds generated by the asset sale will redound to the deceased founder’s young
`
`daughter, Kristin, and Mr. Powell in addition has committed to paying her a percentage of the
`
`revenues generated by any amplifier sales made under the “CINEPRO” name.
`
`I respectfully
`
`urge the Board to give Mr. Powell adequate time to complete these transactions, whose
`
`{0Ol04226.DOC;}
`
`
`
`
`
`
`
`
`
`;.;_-5g-.3.‘éa;»..‘,
`
`consummation ultimately will reduce the issues—in-controversy and streamline proceedings
`
`before the TTAB.
`
`7.
`
`Opposers have no suchconnections to the former Cinepro and have expressed no
`
`intention to acquire the assets of the deceased founder’s estate. They merely wish to profit from
`
`pre-established name recognition and business good will generated by a bright young man, now
`
`deceased, with whom they had no connection. They have done so predominantly by lying to the
`
`marketplace. They have misrepresented to prospective customers that their products were made
`
`by the same manufacturer that disappeared in early 2002, when “Cinepro” founder Eric Abraham
`
`died. Now, they seek to support their belated competing claim to the mark by submitting the
`
`same lies and misleading statements to this tribunal. Under the circumstances, their behavior has
`
`been outrageous —- not to mention illegal ~ and I respectfully urge the Board not to condone their
`
`conduct by countenancing the pending Opposition.
`
`8.
`
`In closing, I note that opponents and their counsel have been particularly strident
`
`in pressing their opposition. Despite having been given several extensions within which to file
`
`their initial opposition papers, they declined to reciprocate by granting Mr. Powell even a single
`
`short adjournment within which to file his response —— and even demanded default judgment
`
`against him. Their bad faith is evident not only in the harassing and unprofessional way in which
`
`they’ve conducted themselves as a procedural matter, but in the outright misrepresentations
`
`contained in the Opposition and associated competing registration application.
`
`9.
`
`Mr. Powell is a struggling entrepreneur in the consumer electronics business, who
`
`is channeling his limited resources into rehabilitating and expanding the contested mark.
`
`Opposers are relative strangers to the industry, whose misrepresentations to the Board and
`
`relevant market soon will become apparent.
`
`10.
`
`Based on the foregoing, Mr. Powell respectfully requests that the Board deny the
`
`Motion. He also urges the Board to direct Mr. Cossifos and his fellow opposers to honor their
`
`reciprocal discovery obligation without further delay.
`
`Dated: New York, New York
`November 3, 2004
`
`MARK . MARDEROSIAN
`
`{O0l04226.DOC;}
`
`
`
`
`
`
`
`1
`
`4)
`
`
`
`
`
`Mark D. Marderosian, Esq.
`Dreier LLP
`
`499 Park Avenue
`
`New York, New York 10022
`Telephone - (212) 328-6100
`Facsimile - (212) 328-6101
`
`
`[N THE UNITED STATES TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 78/218646
`
`Mark: CINEPRO
`Application Serial No. 78/218646
`Filed: February 25, 2003
`Published: November 4, 2003
`Applicant: Powell, Michael J.
`Opposition No. 91 159541
`
`————————————————————————————————————————————————————--X
`
`CINEPRO, lNC., CONSTANTINE “GUS” :
`COSSIFOS, and MICHAEL PANICCI,
`'
`
`APPLICANTS FIRST DEMAND
`FOR PRODUCTION OF DOCUMENTS
`
`Opposers,
`
`BY OPPOSERS
`
`-- against --
`
`MICHAEL J. POWELL,
`
`Applicant.
`....................................................-_X
`
`Applicant MICHAEL J. POWELL herewith demands that opposers CINEPRO, lNC.,
`
`CONSTANTINE “GUS” COSSIFOS, and MICHAEL PANICCI respond to the following
`
`document demands within thirty (30) days of the date hereof pursuant to applicable provisions
`
`of the Federal Rules of Civil Procedure and Code of Federal Regulations:
`
`INSTRUCTIONS
`
`V
`
`1.
`
`Unless otherwise specified, this request for the production documents
`
`encompasses all documents generated and/or received between January 1981 and the present.
`
`2.
`
`Opposer is requested to produce all articles, documents and things, wherever
`
`located, which are described below and which are in their possession, custody or control, or in
`
`{O01 00638.DOC;}
`
`
`
`
`
`the possession, custody, or control of any agent, employee, attorney, accountant or other
`person(s) acting or purporting to act on its behalf.
`3.
`Each document request seeks production of every responsive document in its
`entirety, without abbreviation or expurgation, including all attachments or other affixed
`
`matters.
`Opposer should organize all responsive documents according to the
`4.
`enumerated request(s) to which they respond and number them for ease ofreference. Ifthere
`
`are no documents
`
`Any document responsive to more than one enumerated request should be produced only once
`with appropriate cross-references to those other requests to which that document is
`
`responsive.
`If Opposer does not produce any document responsive to any particular request
`5.
`based upon a claim of attorney-client privilege, the "work product" doctrine, or upon any
`other legal ground, it should submit, with respect to each document so withheld, a concise
`
`written statement setting forth:
`(a)
`the precise legal ground(s) for withholding the subject document;
`(b)
`a general description ofthe nature and subject matter ofthe subject
`
`document;
`the name(s) of the person(s) who prepared the subject document;
`the names of all persons to whom the subject document was sent;
`the names of all other persons who have seen or had even temporary
`possession ofthe subject document, in whole or in part; and
`the date on which Opposer initially prepared or received the subject
`
`(c)
`(d)
`(e)
`
`(t)
`
`document.
`
`If a document responsive to any particular request was formerly in the
`6.
`possession, custody, or control of Opposer and has been lost or destroyed, they should submit,
`with respect to each such document, a concise written statement setting forth:
`(a)
`a detailed description of the subject document together with an accurate
`
`recreation of its precise contents;
`the name(s) ofthe person(s) who prepared the subject document;
`
`(b)
`
`{O0l00638.DOC;}
`
`.
`
`
`
`:3
`
`(c)
`(d)
`
`(e)
`
`the names of all persons to whom the subject document was sent;
`the names of all other persons who have seen or had even temporary
`
`possession of the subject document, in whole or in part;
`the date on which Opposer initially prepared or received the subject
`
`document; and
`
`(f)
`
`the date on which the subject document was lost or destroyed and, if
`destroyed, the manner of its destruction, the reasons for its destruction,
`the name(s) ofthe person(s) who requested its destruction, and the
`name(s) ofthe person(s) who actually destroyed the subject document.
`Opposer’s obligation to respond truthfully and completely to each of the
`7.
`document requests set forth below is a continuing one. Please amend and/or supplement your
`responses as necessary to render each complete and correct on a “going forward” basis.
`Applicant will object to the profier of any evidence responsive to any request contained
`herein, but which Opposer fails to produce before trial.
`
`DEFINITIONS
`
`1.
`
`2.
`
`‘‘Communication'‘ means the transmittal of information in any manner or form.
`
`“Document" or "writing" means the original and each copy, if different in any
`
`respect from the original (including handwritten notations or otherwise), of all writings of
`every kind and description, including, but not limited to: papers, contracts, agreements, books,
`journals, ledgers, statements, memoranda, reports, bills, invoices, worksheets, projections,
`notes, letters, correspondence, abstracts, advertisements, graphs, charts, audits, charges,
`balance sheets, income statements, checks, diagrams, certificates, diaries, calendars, logs,
`
`drafts, recordings, instructions, lists, meetings minutes, orders, resolutions, recitals, telegrams,
`wires, cables, telexes, telecopies, messages, resumes, summaries, tabulations, statistical
`analyses, tapes, computer printouts, input/output, computer systems (whether optical, visual
`or magnetic), computer files, audio cassettes, phonographic records, video cassettes, films,
`photographs, and all other tangible forms upon which any handwriting, typing, printing,
`photostatic image, magnetic or electrical impulse, or other form of communication is recorded
`or reproduced, and any and all amendments or supplements to all of the foregoing, no matter
`
`{00lO0638.DOC;}
`
`
`
`
`
`F»
`
`-1
`
`by whom prepared, andlother data compilations from which information can be obtained or
`translated, if necessary, through detection devices into reasonable useable form.
`3.
`“Person" is defined broadly as any natural person or any business, legal or
`
`governmental entity or association.
`4.
`“Concerning" and "about" mean relating to, referring to, describing,
`
`evidencing or constituting.
`5.
`Connectives like “and" and "or" shall be construed either disjunctively or
`
`conjunctively, as necessary to bring within the scope of each discovery request all responses
`
`’
`that might otherwise be construed to be outside its scope.
`'
`6.
`Use of the singular form of any word includes the plural and vice versa.
`7.
`The term “Applicant” refers to MICI-LAEL J. POWELL together with any
`corporations, partnerships, limited liability companies and/or other business entities
`subsidiary to, parent to, or affiliated with Opposer, including all its respective partners,
`principals, officers, directors, trustees, employees, staff members, agents and representatives,
`
`and attorneys.
`8.
`
`The term “Opposer” refers collectively to CINEPRO, lNC., CONSTANTINE
`
`“GUS” COSSIFOS, and MICHAEL PANICCI together with any corporations, partnerships,
`limited liability companies and/or other business entities subsidiary to, parent to, or affiliated
`
`with Opposer, including all its respective partners, principals, officers, directors, trustees,
`
`employees, staff members, agents and representatives, and attorneys.
`9.
`The term “Mark” refers to the designation and/or trademark referred to in
`
`United States Trademark Application No. 78/218646 for the mark “CINEPRO” cited by
`
`Opposer in its Opposition.
`
`Demand No. 1:
`
`DEMANDS FOR PRODUCTION
`
`Produce all documents concerning the organization, incorporation, structure, operation
`
`and activities of Opposer insofar as they relate to any products sold and/or services offered by
`
`and/or intended to be sold, offered or promoted by Opposer under the Mark and!or any other
`
`designation that includes the term CINEPRO.
`
`{00lO0638.DOC;}
`
`.»,.§.-.»:‘,e;«i‘.-A/»¢.sr.a‘£.'~; ~: _'
`
`
`. .».5‘.‘.-I.-i
`
`
`
`
`
`Demand No. 2:
`
`Produce all documents concerning any licenses, assignments, agreements, contracts,
`
`and/or arrangements between Opposer and any third party relating in any manner to the Mark
`
`and/or any other designation that includes the term CIZNEPRO.
`
`Demand No. 3:
`
`Produce all documents concerning Opposer’s use of the Mark and/or any other
`
`designation that includes the term CINEPRO, including its investigation into its availability
`for adoption and registration, its licensing, use, intended use, exploitation, and/or intended
`
`exploitation.
`
`Demand No. 4:
`
`Produce all documents concerning Opposer’s use of the Mark and/or any other
`
`designation that includes the term CINEPRO in connection with any goods and/or services.
`
`Demand No. 5:
`
`Produce all documents tending to support or refute any affirmative allegations or other
`
`statement made Opposer in this opposition proceeding.
`
`Demand No. 6:
`
`Produce all documents concerning any goods and/or services which Opposer has
`
`marketed and/or otherwise provided, is currently providing and/or hereafter intends to provide
`
`under the Mark and/or any other designation that includes the term CINEPRO.
`
`Demand No. 7:
`
`Produce all documents concerning any advertising which Opposer has done, is
`
`currently doing and/or hereafter intends to do in connection with the Mark and/or any other
`
`designation that includes the term CINEPRO. In your response, please include sample of the
`
`various advertisements and/or other promotional material(s), including pamphlets, catalogues,
`
`{00100638.DOC;)
`
`
`
`
`
`
`
`T
`
`websites and website—1inks, e-mail campaign materials, and!or other items disseminated by
`
`Opposer.
`
`Demand No. 8:
`Produce all documents concerning the Opposer’s alleged selection, design, adoption,
`proposed use of, decision to use, and first use of the Mark and!or any mark similar thereto,
`including samples of any names, designations and/or other marks considered and rejected.
`
`Demand No. 9:
`Produce all documents concerning the preparation, filing and/or prosecution of any
`applications for registration, state or federal, ofthe Mark and/or any other designation
`including the term CINEPRO.
`
`Demand No. 10:
`Produce all documents concerning Opposer’s consideration and/or decision to use the
`Mark and/or any designation including the term CINEPRO in each different dress, design,
`packaging, font—type or other form in which said designation has been used, is currently being
`used, or Opposer hereafter intends to use it including a sample of each such form identified.
`
`Demand No. l 1:
`
`Produce all documents concerning any commercial broadcast by Opposer in any
`
`media form whatsoever pertaining to the Mark and/or any designation including the term
`CINEPRO, including press releases, scripts, graphic presentations, and/or other materials not
`
`previously requested herein.
`
`Demand No. 12:
`
`Produce all documents concerning Opposer’s advertising and/or other promotional
`
`expenditures, expected advertising and/or other promotional expenditures pertaining to any
`good or service offered by Opposer under the Mark and/or any designation including the term
`
`CINEPRO.
`
`{O0l0O638.DOC;}
`
`
`
`
`
`Demand No. 13:
`Produce all documents concerning the income (actual and/or projected) by calendar
`quarter for goods and/or services sold by Opposer under the Mark, including any invoices,
`sales receipts, Work orders, and/or other evidence of the underlying transaction(s).
`
`Demand No. 14:
`Produce all documents concerning any communication received by Opposer which
`states, suggests, implies, and/or from which could reasonably be inferred any business
`association and/or otherpconnection between Opposer and Applicant, or which inquires as to
`whether there is or may be such a connection or association, based on’ Opposer’s use ofthe
`Mark and/or any designation including the term CINEPRO.
`
`Demand No. 15 :
`Produce all documents concerning any instance in which any person expressed and!or
`other indicated any possible or actual confiision precipitated by Applicant and Opposer using
`the Mark and/or any designation including the term CINEPRO.
`
`Demand No. 16:
`Produce all documents concerning Opposer’s knowledge and/or awareness of the
`
`Applicant’s use and/or application to register the Mark.
`
`Demand No. 17:
`Produce all documents concerning to any investigation, evaluation, analysis, survey
`and/or other inquiry conducted by Opposer of the Applicant regarding any issues involved in
`
`this proceeding.
`
`Demand No. 18:
`Produce all documents concerning any reports, surveys, studies and/or other research
`
`conducted by Opposer pertaining to consumer or customer perception ofthe Mark.
`
`{00l00638.DOC;}
`
`
`
`
`
`Demand No. 19:
`
`Produce all other documents within Opposer’s custody, possession and/or control that
`
`otherwise refer to and/or relate in any way to the Mark.
`
`Demand No. 20:
`
`Produce all document concerning any press releases, articles and/or other statement in
`
`whatever form generated and/or otherwise available which comment upon and/or otherwise
`pertain goods and/or services sold or marketed by Opposer under the Mark and/or any
`
`designation including the term CINEPRO.
`
`Demand No. 21:
`
`Produce all documents concerning any good and/or service in connection with which
`
`Opposer has used, is currently using, and/or hereafter intends to use the Mark and/or any
`
`designation including the term CINEPRO.
`
`Demand No. 22:
`
`Produce copies ofthe various documents, other than those produced in response to the
`foregoing demands, which Opposer intends to offer as evidence and/or otherwise introduce
`
`into this proceeding for any purpose whatsoever.
`
`Demand No. 23:
`
`Produce all documents identified in response to the accompanying First Interrogatories
`
`to Opposers, which Opposer does not produced in response to the above demands.
`
`Demand No. 24:
`
`Produce all documents concerning any actual past or present use by Opposer of the
`
`mark CINEPRO and/or any designation including the term CINEPRO in connection with any
`
`consumer electronic device of any description whatsoever, including but not limited to the
`
`following: amplifiers; preamplifiers; signal processing devices; speakers; media players;
`
`{00l00638.DOC;}
`
`
`
`
`
`projection screens; video display devices; amplification balancing devices; power
`
`conditioning devices; voltage regulation and/or surge protection devices; line switching
`
`devices; multi-room amplification control devices; speaker cables; audio-interconnect signal
`
`cables; video-interconnect signal cables; power transmission cords and cables.
`
`Dated: New York, New York
`September 10, 2004
`
`DREIER LLP
`
`Counsel to Michael J. Powell, Applicant
`
`
`
`
`derosian, Esq.
`ark D.
`499 Park Avenue
`
`New York, New York 10022
`Telephone — (212) 328-6100
`Facsimile —- (212) 328-6101
`
`{O0l00638.DOC;}
`
`
`
`
`
`\
`
`
`
`
`
`
`
`Mark D. Marderosian, Esq.
`Dreier LLP
`
`499 Park Avenue .
`
`New York, New York 10022
`Telephone — (212) 328-6100
`Facsimile — (212) 328-6101
`
`
`IN THE UNITED STATES TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 78/218646
`
`Mark: CD\1EPRO
`
`Application Serial No. 78/218646
`Filed: February 25, 2003
`Published: November 4, 2003
`Applicant: Powell, Michael J.
`Opposition No. 91 159541
`
`...................................................--x
`
`CINEPRO, lNC., CONSTANTINE “GUS” :
`COSSIFOS, and MICHAEL PANICCI,
`
`Opposers,
`
`—- against --
`
`MICHAEL J. POWELL,
`
`:
`Applicant.
`————————————————————————————————————————————————————_x
`
`APPLICANT’S FIRST
`
`INTERROGATORIES TO OPPOSERS
`
`Applicant MICHAEL J. POWELL herewith demands that opposers CINEPRO, INC.,
`
`CONSTANTINE “GUS” COSSIFOS, and MICHAEL PANICCI respond to the following
`
`interrogatories within thirty (30) days of the date hereof pursuant to applicable provisions of
`
`the Federal Rules of Civil Procedure and Code of Federal Regulations:
`
`DEFINITIONS
`
`1.
`
`“And” and “or” shall be construed either disjuncfively or conjunctively as
`
`necessary to bring within the scope ofthe discovery request all responses that might otherwise
`
`be construed to be outside of its scope.
`
`{00100651.DOC;}
`
`
`
`
`
`2.
`
`_ The term “person” means any natural person or any business, legal, or
`
`governmental entity or association.
`
`3.
`
`The term “document” is defined in the broadest sense as is consistent with
`
`governing procedural rules and includes without limitation any original and each copy
`(whether different from the original by means ofnotes made on such copy or otherwise), of
`any handwritten, typewritten, printed, recorded, microfilmed, copied or printed on computer
`
`hard drive, tape, disc, or otherwise prepared matter, however produced or reproduced,
`
`inpluding, but not limited to communications, letters, correspondence, agreements, working
`papers, memoranda, contracts, diaries, appointment books, calendars, telegrams, telexes,
`telefaxes, cables, notes, computer printouts, computer programs, computer files, emails,
`
`- minutes or other recordings of meetings or conversations (whether in person or via telephone
`
`or other means), photographs, drafts, writings, medical records, hospital records, and all other
`
`written, printed, typed or other graphic or recorded matter of any nature whatsoever, however
`
`denominated, including any drafts or incomplete versions of such material and all other
`
`material of any tangible medium of expression and original or preliminary notes. A draft or
`
`non-identical copy is a separate document within the meaning of this term.
`
`4.
`
`The terms “identify” and “identity” when used in connection with any of the
`
`following terms mean and require you to give:
`
`(a) With respect to a natural person:
`
`ii. Such person’s full name and present or last known home address
`
`and telephone number;
`
`iii. The name, address and telephone number of his or her present or
`
`last known employer, and title or position with such employer;
`
`iv.
`
`If employed by you, each position and title including his or her
`
`employment and the period during which such position was held;
`
`v.
`
`If employed by you, the nature and description of his or her duties
`
`and responsibilities in each position indicated;
`
`vi.
`
`If such person was employed by you and is no longer employed by
`
`you, the date and reason for termination,‘
`
`{0010065l.DOC;}
`
`
`
`
`
`
`
`
`
`vii.
`
`Such person's immediate assistant and, if different, immediate
`
`subordinate; and
`
`viii.
`
`Such person’s immediate superior(s) and their respective positions
`
`with your company.
`
`Cb) With respect to any person other than a natural person:
`
`i.
`
`Its full name and all of the names by which it is known or referred
`
`to;
`
`Its form or organization, e.g., corporation, partnership;
`The state under whose laws it is organized;
`The present or last known‘address of its principal place ofbusiness
`
`or ofiice; and
`
`A description of the nature of its business.
`
`iii.
`
`iv.
`
`V.
`
`(c) With respect to a document:
`
`i.
`
`The bates number, if any, of the document;
`
`The date, author, address(es), and recipient(s), if any, of the
`
`document;
`
`iii.
`
`iv.
`
`The electronic or computer program or system, if any, from which
`
`the document was produced, saved, stored, and/or retrieved; and
`
`The subject matter and substance of the content of the document
`
`(d) With respect to an event or date:
`
`i.
`
`The date on which the event occurred;
`
`All persons involved in the event for which the date is being
`
`provided;
`
`iii.
`
`iv.
`
`The role of each such person in the event for which the date is
`
`being provided; and
`
`All persons with such personal knowledge of the occurrence of the
`
`event on that date.
`
`5.
`
`A statement or document “relating” to, “related” to, or that “relates” to a given
`
`subject matter means a statement or document that constitutes, embodies, comprises, reflects,
`
`{00l0065I.DOC;}
`
`
`
`
`
`identifies, states, refers to, deals with, comments on, responds to, describes, analyzes, contains
`information concerning, or is in any way pertinent to, the subject matter.
`6.
`The term “concerning” means relating to, referring to, describing, evidencing
`
`or constituting, analyzing or reflecting.
`7.
`The use of a verb in any tense shall be construed as the use ofthe verb in all
`other tenses whenever necessary to bring Within the scope of the specification all responses
`
`that might otherwise be construed to be outside of it scope.
`8.
`The use of the singular form of any word includes the plural and vice versa.
`9.
`The term “including” means inc_luding,.but not limited to. Under no
`circumstances shall any use ofthe word “including” in any request be used to limit the scope
`
`of documents responsive to any request.
`10.
`The term “communication” means the transmittal of information, in the form
`of facts, ideas, data transmission, inquiries or otherwise, whether oral or written.
`11.
`Connectives like “and" and "or" shall be construed either disjunctively or
`conjunctively, as necessary to bring within the scope of each discovery request all responses
`that might otherwise be construed to be outside its scope.
`12.
`The term “Applicant” refers to MICHAEL J. POWELL together with any
`corporations, partnerships, limited liability companies and/or other business entities
`subsidiary to, parent to, or afiiliated with Opposer, including all its respective partners,
`
`The term “Opposer” refers collectively to CINEPRO, lNC., CONSTANTINE
`13.
`“GUS” COSSIFOS, and MICI-LAEL PANICCI together with any corporations, partnerships,
`limited liability companies and/or other business entities subsidiary to, parent to, or affiliated
`with Opposer, including all its respective partners, principals, officers, directors, trustees,
`employees, staff members, agents and representatives, and attorneys.
`14.
`The term “Mark” refers to the designation and/or trademark referred to in
`United States Trademark Application No. 78/218646 for the mark “CINEPRO” cited by
`
`Opposer in its Opposition
`
`{00l0O651.DOC;}
`
`
`
`
`
`
`
`15.
`
`The “Opposition” means a certain pleading filed by Opposer in this matter
`
`dated January 29, 2004 together with any amendments, supplements and/or other
`
`modifications.
`
`INSTRUCTIONS
`
`1.
`
`Each Interrogatory shall be answered separately and fully, unless objected to,
`
`in which event the reasons for the objection should be specifically and separately stated.
`
`2.
`
`Answers to the following Interrogatories shall be based on all information and
`
`documents within your custody, possession, or control. All responsive information known to
`
`or in the possession ofyour agents, employees, or representatives is deemed to be within your
`custody, possession, or control.
`b
`3.
`Where a complete answer to a particular Interrogatory is not provided, the
`
`Interrogatory shall be answered to the extent possible and a statement made explaining why
`
`only a partial answer can be given.
`
`4.
`
`Answers to each Interrogatory shall be set out in full. Separate answers shall
`
`be given in response to each Interrogatory, and, when an Interrogatory has subdivisions, to
`
`each subdivision.
`
`5.
`
`Whenever a date, amount, computation, or figure is requested, the exact date,
`
`amount, computation, or figure is to be given unless it is unknown. If it is unknown, the
`
`approximate or best estimate should be given. The answer should state that such date,
`
`amount, computation, or figure is an approximation or estimate.
`
`6.
`
`If any claim is made that any information requested herein is privileged, or
`
`constitutes any attorney’s work product, and any such information is not provided, in. lieu of
`
`each such response, please provide a written statement that describes the factual basis of the
`
`purported privilege or claim of work product in sufficient detail as to permit the court to
`
`adjudicate the validity of the claim.
`
`7.
`
`Each request shall be deemed to be continuing so as to require prompt
`
`supplementation of responses as provided by the governing procedural rules.
`
`8.
`
`In answering each Interrogatory, identify each document that was used in any
`
`way to formulate the answer; and provide copies of all such documents to Applicant when
`
`serving answers to the interrogatories contained herein.
`
`{O0l0065 l.DOC',}
`
`
`
`
`
`
`
`lfyou believe that any request is unclear, vague, or susceptible ofmultiple or
`9.
`varying interpretations, you are instructed to adopt the most reasonably expansive
`interpretation or interpretations.
`10.
`Your obligation to respond truthfully and completely to each of the
`lnterrogatories set forth below is a continuing one. Governing procedural law requires that
`you amend and/or supplement your responses as necessary to render each complete and
`is. Applicant will object to the proffer of any evidence
`correct on a “going forward” bas
`d herein, but which Opposer fails to produce before trial.
`
`responsive to any request containe
`
`INTERROGATORIES
`
`Interrogatory No. l: I
`Describe all past and existing business relations, including contracts, agreements,
`licenses, assignments, and/or other relations, between Opposer and any third party, including
`predecessor companies, related, and/or affiliated companies, relating in any manner to the
`Mark and/or any designation including the term CINEPRO.
`'
`
`Interrogatory No. 2:
`Identifii the person(s) most knowledgeable about Opposer’s sales, advertising and
`promotion, adoption and use, licensing, and assignment or other transactions relating in any
`manner to the Mark and/or any designation including the term CINEPRO.
`
`Interrogatory No. 3:
`Identify all registrations with any government agency, applications for such
`registration, and/or associated efforts by Opposer pertaining to the Mark and/or any
`designation including the term CINEPRO. For each such registration, application, and/or use
`identifir all documents relating thereto.
`
`lnterrogatory No. 4:
`Identify all registrations with any government agency, applications for such
`registration, and/or associated efforts by any person other than Opposer pertaining to the
`Mark and/or any designation including the term CINEPRO.
`
`
`
`
`
`lnterrogatory No. 5:
`Describe Opposer’s business or businesses, including the date on which Opposer first
`engaged in each such business, as such business pertain in any way to the Mark and/or any
`designation including the term CINEPRO.
`
`Interrogatory No. 6:
`Describe each good and/or service in connection with which Opposer has used, is
`currently using and/or intends to use the Mark and!or any designation including the term
`
`CINEPRO.
`
`lnterrog
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ ChargeStill Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site