.'
`
`WILLIAM G. SYKES
`
`ATTORNEY AND COUNSELOR AT LAW
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`Office: (757) 490-8586
`Fax:
`(757) 363-3405
`
`wil1iam@williamsykeslaw.com
`
`TTAB
`
`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. 91-16008?
`
`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
`
`lllllllllllllllllllllllllllllllllllllllllllllllll
`
`09-29-2005
`-
`U5 am“ 3. 1’M0fcITM Mail Rcpt D1.
`
`#10
`
`n
`5 W-,0,,,,,e,,,a; . patents o Personal Injury o Product Liability 0 Toxic Mold Litigation
`
`
`
`WILLIAM G. SYKES
`
`ATTORNEY AND COUNSELOR AT LAW
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`Office: (757) 490-8586
`Fax:
`(757) 363-3405
`
`wil1iam@williamsykeslaw.com
`
`TTAB
`
`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. 91-16008?
`
`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
`
`lllllllllllllllllllllllllllllllllllllllllllllllll
`
`09-29-2005
`-
`U5 am“ 3. 1’M0fcITM Mail Rcpt D1.
`
`#10
`
`n
`5 W-,0,,,,,e,,,a; . patents o Personal Injury o Product Liability 0 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: SOC K-UM
`
`
`Opposition No. 91-160087
`
`
`
`APPLICANT’S
`MOTION OF
`OPPOSITION TO OPPOSER’S
`LATE FILING or
`
`
`
`Mattel, lrIc.,
`
`°PF’°S"""
`
`l
`
`Vs.
`
`Patricia G. Briden,
`
`
`
` DISCOVERY DOCUMENTS
` Applicant.
`
`
`
`
`
`I
`
`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.
`
`I
`
`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.
`
`
`
` n
`
`..
`
`manatt | phelps | pnillips
`
`Jill M. Pietrini
`
`Manatt, Phelps 8. Phillips, LLP
`Direct Dial:
`(310) 312-4325
`Email:
`jpietrini@manatt.com
`
`September 1, 2005
`
`Client-Matter: 12838-x63
`
`VIA FEDERAL EXPRESS
`
`William G. Sykes, Esq.
`4605 Pembroke Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`
`Re:
`
`J1/Iattel, Inc. v. Patricia G. Briden
`Opposition No. 91-16oo87
`
`Dear Mr. Sykes:
`
`Enclosed are video tapes produced by Mattel bearing document numbers M2556 to
`M2560.
`.
`
`Sincerely,
`
`t
`
`l
`
`l
`
`l
`
`‘
`
`t
`
`‘
`
`;
`
`l
`
`:%t7dalbe1-to
`
`rt
`
`
`
`
`Assistant To Jill Pietrini
`
`Enclosures
`
`409180031
`
`l
`t
`
`11355 West Olympic Boulevard. Los Angeles, California 90064-1614 Telephone: 310.312.4000 Fax: 310.312.4224
`
`At any 1 Los Angeles | Mexico City
`
`New York | Orange County | Palo Alto I Sacramento | Washington, D.C.
`
`
`
` 6,7’ ”/4 ”
`
`
`
` n
`
`.1"
`
`S rnanatt
`
`manail | phelps 1 phillios
`
`Jill M. Pietrini
`Manatt, Phelps 8. Phillips, LLP
`Direct Dial:
`(310) 312-4325
`E-mail:
`jpietrini@manatt.com
`
`August 31, 2005
`
`Client-Matter: 12838-163
`
`VIA FEDERAL EXPRESS
`
`William. G. Sykes, Esq.
`4605 Pembroke: Lake Circle, Suite 103
`Virginia Beach, Virginia 23455
`
`Re:
`
`Ilfattel, Inc. v. Patricia G. Bridcn
`Opposition No. 91-160087
`
`Dear Mr. Sykes:
`
`Enclosecl 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 am 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,
`
`,
`
`F1ill M. Pietrini
`
`./
`
`Enclosures
`
`409175011
`
`11355 West Olympic Eloulevard, LosAngeles,Cali1ornia 90064-1614 Telephone: 310.312.4000 Fax: 310.312.4224
`Albany 1 Los Angeles 1 Mexico City I New York | Orange County I Palo Alto | Sacramento | Washington, D.C.
`E><A.‘.’.,¥ "
`"
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK
`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 S, 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.’
`
`See Fed. R. Civ. P. 6(b)(1); and Trademark Rule
`
`2.l27(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
`
`Those requests served August 10, 2004 are identified as:
`applicant's
`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.
`
`Ex A.'£,7’
`
`"D "
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still 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
