WILLIAM G. SYKES
`
`TTAB
`
`ATTORNEY AND COUNSELOR AT LAW
`
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`Office: (757) 490-8586
`Fax:
`(757) 363-3405
`
`wil1iam@wi11iamsykeslaw.com
`
`September 23, 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:
`
`Please file the following motions with this matter:
`
`Applicant’s Motion of Opposition to Opposer’s Late Filing of
`1.
`Discovery Documents.
`2.
`Applicant’s Motion of Opposition to Entry of Documents Filed with
`Opposer’s Notice of Reliance.
`3.
`Applicant’s Motion of Opposition to Entry of Documents Filed with
`Monica Danner’s Trial Testimony.
`4-.
`Applicant’s Motion of Opposition to Opposer’s Motion to Reset the
`Testimony Periods.
`
`Please give me a call if you have any questions or if you need additional
`information. Thank you!
`
`
`
`cc:
`
`Jill M. Pietrini, Esquire
`Patricia G. Briden
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`09-29-2005
`
`u.s. Patent 3. TMO1cITM Mail acpt 01- 4'10
`
`Environmental o Patents 9 Personal Injury o Product Liability o Toxic Mold Litigation
`
`
`
`TTAB
`
`ATTORNEY AND COUNSELOR AT LAW
`
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`Office: (757) 490-8586
`Fax:
`(757) 363-3405
`
`wil1iam@wi11iamsykeslaw.com
`
`September 23, 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:
`
`Please file the following motions with this matter:
`
`Applicant’s Motion of Opposition to Opposer’s Late Filing of
`1.
`Discovery Documents.
`2.
`Applicant’s Motion of Opposition to Entry of Documents Filed with
`Opposer’s Notice of Reliance.
`3.
`Applicant’s Motion of Opposition to Entry of Documents Filed with
`Monica Danner’s Trial Testimony.
`4-.
`Applicant’s Motion of Opposition to Opposer’s Motion to Reset the
`Testimony Periods.
`
`Please give me a call if you have any questions or if you need additional
`information. Thank you!
`
`
`
`cc:
`
`Jill M. Pietrini, Esquire
`Patricia G. Briden
`
`llllllllllllllllllllllllllllllllllllllllllllllllll
`
`09-29-2005
`
`u.s. Patent 3. TMO1cITM Mail acpt 01- 4'10
`
`Environmental o Patents 9 Personal Injury o Product Liability o Toxic Mold Litigation
`
`
`
`
`
`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, lnc.,
`
`OPP°5e'*
`
`‘
`
`Vs.
`
`Patricia G Briden,
`
`Applicant.
`
`Opposition No. 91-16008?
`
`APPLlCANT’S
`MOTION OF
`OPPOSITION TO OPPOSER’S
`LATE FILING OF
`DISCOVERY DOCUMENTS
`
`Pursuant to Federal Civil Procedure Rules 26, 33 and 34 and the Trademark
`
`Trial and Appeal Board (“TTAB"), Applicant, Patricia G. Briden (“Briden"), hereby
`
`moves the Board for an order denying the Opposer, Mattel, Inc. (“Mattel”), the right
`
`to file discovery documents and video tapes after the Discovery period closed.
`
`This motion is made on the grounds that the TTAB set the Discovery period to
`
`close on October 29, 2004. Briden received 2,555 discovery documents and five (5)
`
`video tapes from Mattel on September 6, 2005. A copy of the cover letters attached
`
`to the documents and video tapes are attached as Exhibit
`
`“B" and
`
`The notice from Cheryl Butler, Attorney, TTAB, dated December 21, 2004
`
`states the Discovery period closed on October 29, 2004. See attached Exhibit
`
`
`
`
`
`For the above-stated reasons, Briden requests that the Board deny Mattel
`
`from filing and using the 2,555 documents and five (5) video tapes in this case.
`
`Dated:
`September 23, 2005
`
`Respectfully submitted,
`
` William G. Syk
`
`USPTO Registration No. 50704
`3669 Seagull Bluff Drive
`Virginia Beach, VA 23455-1721
`
`Attorney for Patricia G. Briden
`
`CERTIFICATE OF MAILING
`
`I hereby certify that this Motion of Opposition to Opposer’s late filing of
`Discovery Documents is being deposited with the United States Postal Service,
`postage prepaid, first class mail,
`in an envelope addressed to Commissioner for
`Trademarks, Attn: Cheryl Butler, Trademark Trial and Appeal Board, Box 1451,
`Alexander, Virginia 22313-1451 and Jill M. Pietrini, Esquire at MANATT, PHELPS &
`PHILLIPS, LLP, 11355 W. Olympic Blvd, Los Angeles, California 90064 on this 23rd
`day of September, 2005
`
` William G.
`
`
`
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`
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`
`.
`
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`
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`
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`-
`mafia“ I pheips l phlmps
`
`Jill M. Pietrini
`Manait, Phelps 8. Phillips, LLP
`Direct Dial:
`(310) 312-4325
`E-mail:
`jpietrini@manatt.com
`
`September 1, 2005
`
`Client-Matter: 12838-163
`
`VIA FEDERAL EXPRESS
`
`William G. Sykes, Esq.
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`
`Re: Mattel, Inc. v. Patricia G. Briden
`Opposition No. 91-160087
`
`Dear Mr. Sykes:
`
`Enclosed are video tapes produced by Mattel bearing document numbers M2556 to
`M2560.
`
`Sincerely,
`
`
`
`gixdalberto-I-hz rt
`
`Assistant To Jill Pietrini
`
`Enclosures
`
`409180031
`
`11355 West Olympic Boulevard, Los Angeles, California 90064-1614 Telephone: 310.312.4000 Fax: 310.312.4224
`
`Albany l Los Angeles I Mexico City
`
`New York | Orange County I Palo Alto 1 Sacramento I Washington, D.C.
`
`
`
` $50" ”fl "
`
`
`
`
`
`rnanatt
`
`manatt ] phelpss | phillips
`
`August 31, 2005
`
`Jill M. Pietrini
`
`Manatt, Phelps & Phillips, LLP
`Direct Dial:
`(310) 312-4325
`E-mail:
`jpietrini@manatt.com
`
`Client-Matter: 12838-163
`
`VIA FEDERAL EXPRESS
`
`William G. Sykes, Esq.
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`
`Re:
`
`Jlfattel, Inc. v. Patricia G. Briden
`Opposition No. 91-160087
`
`Dear Mr. Sykes:
`
`Enclosed. are Mattel’s documents bearing document production numbers M00001 to
`M2555, which includes Mattel’s confidential documents.
`The documents marked as
`Attorneys’ Eyes Only fall under the designation “Trade Secret/Commercially Sensitive” in
`the protective order entered in this case.
`
`I have not received a response to my letter of August 22, 2005, in which I enclosed a
`revised draft protective order for you review.
`I would appreciate a response as soon as
`possible as I arn taking Mattel’s testimony deposition on September 8th.
`If the revised
`protective order is acceptable, let me know as soon as possible and I will send you an
`execution copy. Otherwise, we will rely upon the protective order entered by the Board on
`May 10, 2005.
`
`Please let me know if you are going to attend the testimony deposition.
`
`Sincerely,
`
`,
`
`\
`
`-/‘VLQ
`Jill M. Pietrini
`
`Enclosures
`
`40917507.1
`
`11355 West Olympic Boulevard, Los Angeles, California 90064-1614 Telephone: 310.312.4000 Fax: 310.312.4224
`Albany 1 Los Angeles | Mexico City | New York | Orange County I Palo Alto I Sacramento 1 Washington, D.C.
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`UNHEDSTATESPATENTANDTRADEMARK
`OFFICE
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Mail date: December 21, 2004
`
`Opposition No. 91/160087
`
`Mattel,
`
`Inc.
`
`v.
`
`Briden, Patricia, G.
`
`Cheryl Butler, Attorney, Trademark Trial and Appeal Board:
`
`This case now comes up on opposer’s motion, filed September
`
`16, 2004 (by certificate of mailing dated September 13, 2004),
`
`to
`
`extend its time by twenty—one days (until October 5, 2004)
`
`to
`
`respond to applicant's discovery requests, served August 10,
`
`2004. Applicant has not filed a response to opposer’s motion.
`
`In view thereof, and for good cause shown, opposer’s motion
`
`to extend its time to respond to applicant's discovery requests
`
`is granted.1 See Fed. R. Civ. P. 6(b)(1); and Trademark Rule
`
`2.127(a). Moreover,
`
`in the event that opposer did not respond in
`
`the time requested because it was awaiting a ruling on its
`
`motion, opposer is allowed until thirty days from the mailing
`
`date of this order in which to serve responses.2
`
`applicant's
`1 Those requests served August 10, 2004 are identified as:
`first set of interrogatories, document requests, and requests for
`admission.
`2 Where a moving party is unable to obtain the consent of the adverse
`party to a scheduling motion,
`the Board ordinarily dockets the motion
`for a response,
`to ascertain whether the motion is conceded or
`contested, before issuing a ruling thereon.
`
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