'
`
`WILLIAM G. SYKES
`
`TTAB
`
`ATTORNEYAND COUNSELOR AT LAW
`
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`Office: (757) 490-8586
`Fax:
`(757) 363-3405
`
`.william@williamsykeslaw.com
`
`May 31, 2005
`
`Cheryl Butler
`Trademark Trial and Appeal Board
`P. O, Box 1451
`Alexandria, VA 22313-1451
`
`Re: Mattel, Inc. v. Patricia G. Briden
`Opposition No. 91—160087
`
`Dear Ms. Butler:
`
`This letter is in response to your letter dated May 10, 2005. On April 15,
`2005 Applicant mailed the Applicant’s 2”“ Amended Answers to Opposer’s First
`Set of Interrogatories and Production of Documents. Copies of these documents
`are enclosed. These documents were not returned to Applicant and it was
`assumed that they were received by the Trademark and Appeal Board and
`Opposer’s attorney.
`
`The Applicant's April 15, 2005, 2”“ Amended discovery answers provides
`all requested information contained in your May 10, 2005 letter. Please let me
`know if there is any additional information that you may need.
`
`Sincerely,
`
`William G. S
`
`s
`
`cc:
`
`Jill M. Pietrini, Esquire
`Patricia G. Briden
`
`'
`
`Environmental 9 Patents 0 Personal Injury 0 Product Liability 0 Toxic Mold Litigation
`
`IllllllIllllIllllIllllllllllllllllllllllllllllllll
`
`06-03-2005
`u.s. Patent & TMOtc/TM Mail ncpt Dt- 4'77
`
`

`

`
`
`Docket No. 12838-163
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re Matter of Application No.
`78/223,428 for the mark: SOCK-UM
`
`
`
`Mattel, |nc.,
`
`OF’p°Se'V
`
`Vs.
`
`Patricia G. Briden,
`
`Applicant.
`
`
`
`Opposition No. 91-16008?
`
`APPL|CANT’S
`2"“ AMENDED ANswERS
`To OPPOSER’S FIRST SET
`
`OF INTERROGATORIES
`
`AND PRODUCTION OF
`
`DOCUMENTS AND
`
`OPPOSER’S MOTION To
`COMPEL RESPONSES TO
`FIRST SET OF
`INTERROGATORIES
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and 37 C.F.R.
`
`§2.120, Applicant, Patricia G. Briden ("Applicant") files 2”” Amended Answers to Mattel, Inc.
`
`("Opposer"), first set of interrogatories and Production of Documents and Opposer’s Motion
`
`to Compel Responses in writing and under oath as follows:
`
`INTERROGATORY NO. 3:
`
`For each product or service offered under or intended to be offered under the
`
`SOCK-UM Mark, describe in detail the channels of trade in which such products or
`
`services are offered or are intended to be offered, including, without limitation, the
`
`type of outlet from which each such product or service is distributed from.
`
`ANSWER:
`
`The child’s game has not been used in commerce. The intention of the
`
`Applicant is to license the game to a retail company that markets and sells
`
`1
`
`ll
`
`

`

`
`
`I
`
`child’s games. The Applicant intends on contacting the following toy and
`
`game brokers that are in the business of licensing child’s games to retail
`
`companies that market and sell child’s games to the public; Jonathan Becker,
`
`Anjar Company; George Delaney, Delaney Product Development; Andrew
`
`Berton, Excel Development Group; Frank Young, Franklin Associates; Paul
`
`Lapidus, TTGlNew Funtiers; Gary Carlin,
`
`lnventor’s Greenhouse; Michael
`
`Marra, Marra Design Associates; Michael Molinoff, Electronic Licensing
`
`Organization,
`
`Inc.; Frederick Fierst, Fierst and Pucci; Jeff Hibert, Hibert
`
`Interactive; Mike Trunfio, Invention Incubator; Shelly Goldberg, Lot 0 Fun
`
`Marketing; Carol Rehtmeyer, Rehtmeyer Desing & Licensing; Dan Lauer,
`
`Haystack Toys, Inc.; Richard Blank, How Rich Unlimited, LLC; and Bob Fulner,
`
`Nextoy.
`
`INTERROGATORY NO. 4:
`
`For each product or service offered under or intended to be offered under the
`
`SOCK—UM Mark, describe in detail the demographic market to which those products
`
`or services are offered under or intended to be offered.
`
`ANSWER:
`
`The Applicant intends on having retail stores in every State of the United
`
`States marketing and selling the child’s game.
`
`INTERROGATORY NO. 24:
`
`Identify the geographic areas in which Applicant sells or intends to sell
`
`products or services offered under the SOCK—UM Mark.
`
`ANSWER:
`
`The Applicant intends on having retail stores in every State of the United
`
`States marketing and selling the child’s game.
`
`INTERROGATORY NO. 31:
`
`Identify and describe all third party uses, names, and trademarks containing
`
`2
`
`

`

`
`
`ROCK'EM or SOCK’EM or the phonetic equivalent of either, upon which Applicant
`
`intends to rely in this case, and for each such third party use, name, or trademark,
`
`state the following:
`
`(a)
`
`(b)
`
`the user or owner of such third party use, name or mark;
`
`the address and telephone number and/or email or website address for
`
`each such user or owner;
`
`(c)
`
`the goods or services associated with each third party use, name or
`
`mark;
`
`(d)
`
`the geographic location of the sales or advertising associated with each
`
`third party use, name or mark;
`
`(e)
`
`the total units sold of any product bearing or offered under such third
`
`party revenue generated from any products or services bearing or offered under
`
`such third party use, name or mark.
`
`(f)
`
`the total revenue generated from any products or services bearing or
`
`offered under such third party use, name or mark.
`
`ANSWER:
`
`ROCK’EM SOCK’EM HOCKEY. The third party user or owner is Don
`
`Cherry; his address and telephone number is unknown to Applicant; his
`
`website is www.epinions.com;
`
`this is a video about hockey;
`
`this video is
`
`advertised all over the world on the internet; the Applicant has no knowledge
`
`of the total units sold or the revenue generated from the product.
`
`SOC ’EM. The third party user or owner is Counter Assault Corporation
`
`Montana; their address is 120 Industry Court, Kalispell, Montana 59901; this is
`
`a trademark; the Applicant does not know the geographic location of the sales
`
`or advertising associated with this trademark; the Applicant has no knowledge
`
`of the total units sold or the revenue generated from the product.
`
`SOCK’EM BOPPERS. The third party user or owner is Big Time Toys,
`
`LLC; their address is 42 Wyn Oak, Nashville, Tennessee, 37205, the telephone
`
`number is unknown to Applicant; this is an inflatable toy in the nature of hand
`
`covers; the Applicant does not know the geographic location of the sales or
`
`advertising associated with this trademark; the Applicant has no knowledge of
`
`3
`
`

`

`
`
`the total units sold or the revenue generated from the product.
`
`BLOCKEM-SOCKEM PADDLE BAT. The third party user or owner is
`
`Jack Mack,
`
`|nc.; their address is 808 First Avenue, South Buffalo, Minnesota
`
`55313; the telephone number is unknown to Applicant; this is a paddle ball
`
`game and paddle; the Applicant does not know the geographic location of the
`
`sales or advertising associated with this trademark;
`
`the Applicant has no
`
`knowledge of the total units sold or the revenue generated from the product.
`
`SOCK’EM. The third party user or owner is Clip-it Company;
`
`their
`
`address is Karihaugveien 89 N-1086, Oslo, Norway; the telephone number is
`
`unknown to Applicant;
`
`this is a non-metal clothing clips and non-metal
`
`stocking clips; the Applicant does not know the geographic location of the
`
`sales or advertising associated with this trademark;
`
`the Applicant has no
`
`knowledge of the total units sold or the revenue generated from the product.
`
`SOCKEM DOG. The third party user or owner is Craig W. Ewing; his
`
`address is 1429 Woodford Road, Clemmons, North Carolina 27012;
`
`the
`
`telephone number is unknown to Applicant; this is a trademark for café and
`
`bar services; the Applicant does not know the geographic location of the sales
`
`or advertising associated with this trademark; the Applicant has no knowledge
`
`of the total units sold or the revenue generated from the product.
`
`Other third party names and trademarks may come up during discovery.
`
`This interrogatory will be amended as the new names and trademarks are
`
`discovered.
`
`INTERROGATORY NO. 32:
`
`Identify and describe in detail each product or service with a similar name to
`
`ROCK'EM SOCK'EM Marks upon which Applicant
`
`intends to rely. For each
`
`identification, describe the product, state the name of the product,
`
`identify the
`
`individua|(s) with knowledge of the product with a similar name, the date the product
`
`with a similar name was first discovered, how the product with a similar name was
`
`discovered, identify the manufacturer of the product, and specify where the product
`
`with a similar name was viewed (e.g. particular website, particular magazine, etc.).
`4
`
`

`

`ANSWER:
`
`ROCK’EM SOCK’EM HOCKEY. The third party user or owner is Don
`
`Cherry; his address and telephone number is unknown to Applicant; his
`
`website is www.epinions.com;
`
`this is a video about hockey;
`
`this video is
`
`advertised all over the world on the internet; the Applicant has no knowledge
`
`of the total units sold or the revenue generated from the product.
`
`SOC ’EM. The third party user or owner is Counter Assault Corporation
`
`Montana; their address is 120 Industry Court, Kalispell, Montana 59901; this is
`
`a trademark; the Applicant does not know the geographic location of the sales
`
`or advertising associated with this trademark; the Applicant has no knowledge
`
`of the total units sold or the revenue generated from the product.
`
`SOCK’EM BOPPERS. The third party user or owner is Big Time Toys,
`
`LLC; their address is 42 Wyn Oak, Nashville, Tennessee, 37205, the telephone
`
`number is unknown to Applicant; this is an inflatable toy in the nature of hand
`
`covers; the Applicant does not know the geographic location of the sales or
`
`advertising associated with this trademark; the Applicant has no knowledge of
`
`the total units sold or the revenue generated from the product.
`
`BLOCKEM-SOCKEM PADDLE BAT. The third party user or owner is
`
`Jack Mack, lnc.; their address is 808 First Avenue, South Buffalo, Minnesota
`
`55313; the telephone number is unknown to Applicant; this is a paddle ball
`
`game and paddle; the Applicant does not know the geographic location of the
`
`sales or advertising associated with this trademark;
`
`the Applicant has no
`
`knowledge of the total units sold or the revenue generated from the product.
`
`SOCK’EM. The third party user or owner is Clip-it Company;
`
`their
`
`address is Karihaugveien 89 N-1086, Oslo, Norway; the telephone number is
`
`unknown to Applicant;
`
`this is a non-metal clothing clips and non-metal
`
`stocking clips; the Applicant does not know the geographic location of the
`
`sales or advertising associated with this trademark;
`
`the Applicant has no
`
`knowledge of the total units sold or the revenue generated from the product.
`
`SOCKEM DOG. The third party user or owner is Craig W. Ewing; his
`
`address is 1429 Woodford Road, Clemmons, North Carolina 27012;
`
`the
`
`telephone number is unknown to Applicant; this is a trademark for café and
`5
`
`

`

`
`
`bar services; the Applicant does not know the geographic location of the sales
`
`or advertising associated with this trademark; the Applicant has no knowledge
`
`of the total units sold or the revenue generated from the product.
`
`Other third party names and trademarks may come up during discovery.
`
`This interrogatory will be amended as the new names and trademarks are
`
`discovered.
`
`C. DOCUMENT REQUESTS
`
`13.
`
`All documents relating to the products or services bearing, sold or
`
`offered under, or intended to be sold or offered under, the SOCK-UM Mark, other
`
`than pleadings served and correspondence sent in this case.
`
`ANSWER:
`
`8/31/03
`
`Invoice
`
`Names4Ever
`
`9/8/03
`
`11/3/03
`
`11/3/03
`
`E-Mail
`
`USPTO Correspondence
`
`Form TX
`
`Copyright Registration
`
`Copyright Contents, Object, Instructions
`
`Picture
`
`Prototype
`
`Picture
`
`Prototype
`
`Picture
`
`Prototype
`
`Picture
`
`Prototype
`
`9/10/03
`
`Letter
`
`Cactus to Sykes, possible license
`
`All of the above listed documents and pictures were sent to Opposer on
`
`July 30, 2004.
`
`Dated:
`April 15, 2005
`
`Respectfully submitted,
`
` )
`
`William G. Syke
`'
`USPTO Regis
`3669 Seagull Bluff Drive
`Virginia Beach, VA 23455-1721
`
`Attorney for Patricia G. Briden
`
`6
`
`

`

`
`
`CERTIFICATE OF MAILING
`
`this 2nd Amended Discovery Answers are being
`I hereby certify that
`deposited with the United States Postal Service, postage prepaid, first class mail,
`in
`an envelope addressed to Commissioner for Trademarks, Attn: Trademark Trial and
`Appeal Board, Box 2900 Crystal Drive, Arlington, Virginia 22202-3513 and Jill M.
`Pietrini, Esquire at MANATT, PHELPS & PHILLIPS, LLP, 11355 W. Olympic Blvd.,
`Los Angeles, California 90064 on this 15th day of Apr'|, 15 2 05
`
` Wi||iamG.Sy s,
`
`squi
`
`