`Party
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA140094
`ESTTA Tracking number:
`05/11/2007
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91176539
`Defendant
`Stanzler, Robert A
`Stanzler, Robert A
`PO Box 07070
`Detroit, MI 48207
`
`Correspondence
`Address
`
`STANZLER, ROBERT A
`PO BOX 07070
`DETROIT, MI 48207-0070
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`bobbydetroit@gmail.com
`Answer
`Ronald W. Citkowski
`docket@patlaw.com
`/s/Ronald W. Citkowski
`05/11/2007
`Answer.pdf ( 3 pages )(13731 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`BOBBY MOSCOW, LLC,
`
`Opposer,
`
`V.
`
`Opposition No. 91176539
`
`ROBERT A. STANZLER
`
`Serial No. 78/924,141
`
`Applicant.
`
`/
`
`ANSWER TO NOTICE OF OPPOSITION
`
`Applicant ROBERT A. STANZLER hereby answers the Notice of Opposition as follows:
`
`1.
`
`2.
`
`3.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`Applicant denies the allegations of paragraph 1.
`
`Applicant denies the allegations of paragraph 2.
`
`Applicant denies the allegations of paragraph 3.
`
`FRAUD
`
`Applicant denies the allegations of paragraph 5.
`
`Applicant denies the allegations of paragraph 6.
`
`Applicant denies the allegations of paragraph 7.
`
`Applicant denies the allegations of paragraph 8.
`
`Applicant denies the allegations of paragraph 9.
`
`10.
`
`Applicant denies the allegations of paragraph 10.
`
`LIKELIHOOD OF CONFUSION
`
`11.
`
`Applicant denies the allegations of paragraph ll.
`
`12.
`
`Applicant denies the allegations of paragraph l2.
`
`13.
`
`Applicant denies the allegations of paragraph 13.
`
`
`
`14.
`
`Applicant denies the allegations of paragraph 14.
`
`15.
`
`Applicant denies the allegations of paragraph 15.
`
`AFFIRMATIVE DEFENSES
`
`1.
`
`2.
`
`Opposer has failed to state a claim upon which relief may be granted.
`
`Opposer’s Copyright Registration VA—1—282—563 covers a design materially
`
`different from the subject of Applicant’s Serial No. 78/924,141.
`
`3.
`
`By asserting ownership of a mark which Opposer knew or should have known is
`
`not confusingly similar to Applicant’s mark as a basis for opposition, Opposer has committed
`
`fraud and/or mistake.
`
`4.
`
`Opposer has no legal right to use Applicant’s mark and any and all such uses
`
`constitute acts of infringement.
`
`5.
`
`Opposer is barred from opposing registration of Applicant’s mark by the equitable
`
`doctrine of unclean hands.
`
`WHEREFORE, Applicant asks that Opposition No. 91176539 be dismissed with
`
`prejudice and that Applicant’s Serial No. 78/924,141 be passed to registration.
`
`Respectfully submitted,
`
`/s/Ronald W. Citkowski
`
`Ronald W. Citkowski
`
`GIFFORD KRASS, GROH, SPRINKLE,
`
`ANDERSON & CITKOWSKI, P.C.
`
`2701 Troy Center Drive, Suite 330
`P.O. Box 7021
`
`Troy, MI 48007-7021
`(248) 647-6000
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing ANSWER TO NOTICE OF
`OPPOSITION was served upon:
`
`Jeffrey H. Brown
`Luke W. DeMarte
`
`MICHAEL BEST & FRIEDRICH LLP
`
`180 N. Stetson Avenue
`
`Suite 2000
`
`Chicago, IL 60601
`
`via first class mail, postage prepaid, on this 11m day of May, 2007.
`
`/s/Rona1d W. Citkowski
`
`Ronald W. Citkowski
`
`GIFFORD KRASS, SPRINKLE,
`
`ANDERSON & CITKOWSKI, P.C.
`
`2701 Troy Center Drive, Suite 330
`P.O. Box 7021
`
`Troy, MI 48007-7021
`(248) 647-6000
`
`CERTIFICATE OF MAILING
`
`I hereby certify that the foregoing ANSWER TO NOTICE OF OPPOSITION was filed
`electronically with the TTAB on this 11th day of May, 2007.
`
`/s/Rona1d W. Citkowski
`
`Ronald W. Citkowski
`
`GIFFORD KRASS, SPRINKLE,
`
`ANDERSON & CITKOWSKI, P.C.
`
`2701 Troy Center Drive, Suite 330
`P.O. Box 7021
`
`Troy, MI 48007-7021
`(248) 647-6000
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