Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA230132
`ESTTA Tracking number:
`08/13/2008
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91177738
`Plaintiff
`Coppermark Bank
`Phillip L. Free, Jr.
`CROWE & DUNLEVY, P.C.
`20 North Broadway, Suite 1800
`Oklahoma City, OK 73102-8273
`UNITED STATES
`drew.palmer@crowedunlevy.com, IPmail@crowedunlevy.com
`Motion to Suspend for Civil Action
`Drew T. Palmer
`IPmail@crowedunlevy.com
`/Drew T. Palmer/
`08/13/2008
`Coppermark motion.pdf ( 18 pages )(360386 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`THE
`
`Coppermark Bank,
`
`Opposer,
`
`V.
`Coppercrest Funding, LLC,
`Applicant.
`
`)
`
`3
`3
`3
`l
`
`Opposition No. 91 177738
`
`MOTION TO SUSPEND FOR CIVIL ACTION
`
`Opposer, hereby moves that all further proceedings in this opposition be stayed pending
`
`resolution of Civil Action No. 08-CV—822 in the United States District Court of the Western
`
`District of Oklahoma. A copy of the Complaint in that action is attached. As indicated by the
`
`contents of the Complaint, the issues presented in the subject civil action are identical to those in
`
`this opposition.
`
`Accordingly, since this matter will be fully addressed and resolved in the United States
`
`District Court, it is respectfully requested that all further proceedings in this opposition be stayed
`
`until the civil action is resolved.
`
`42%
`
`V/3/957
`
`Phillip L. Free, Jr., OBA #15765
`David M. Sullivan, OBA #18851
`Marie S. Johnston, OBA #19847
`Drew T. Palmer, OBA # 21317
`Crowe & Dunlevy, P.C.
`20 N. Broadway, Suite 1800
`Oklahoma City, OK 73102
`(405) 235-7700
`(405) 239-6651 (fax)
`ATTORNEYS FOR OPPOSER
`
`

`
`CERTIFICATE OF SERVICE
`
`(5 day of August, 2008, a true and correct copy of the
`I hereby certify that on the
`above and foregoing document has been sent via first class mail, postage pre-paid to:
`
`Daniel J. Noblitt
`
`Noblitt & Gilmore, LLC
`4800 N. Scottsdale Road, Suite 6000
`
`Scottsdale, AZ 85251
`
`4@«
`
`

`
`Case 5:€38—cv—OC)822-Ev’!
`
`Docume:-mt 1
`
`Fiied 08/08/2008
`
`Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT FOR THE
`
`WESTERN DISTRICT OF OKLAHOMA
`
`Coppermark Bank,
`
`Plaintiff,
`
`V.
`Coppercrest Funding LLC,
`Defendant.
`
`Case No.
`
`)
`
`5
`5
`5
`5
`
`COMPLAINT
`
`Plaintiff, Coppermark Bank, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff, is an Oklahoma bank with its principal place of business located
`
`at 3333 N.W. Expressway, Oklahoma City, OK 73112.
`
`2.
`
`Defendant, Coppercrest Funding LLC is an Arizona limited liability
`
`company with its principal place of business located at 2222 W. Pinnacle Peak Rd., Suite
`
`240, Phoenix, AZ 85027.
`
`JURISDICTION AND VENUE
`
`3.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`
`1338, and 15 U.S.C. § 1121, as a civil trademark action arising under the Lanham Act.
`
`4.
`
`Personal Jurisdiction is proper under the Oklahoma long—arm statute, 12
`
`O.S.
`
`§ 2004(F), based upon Defendants’ contacts with this jurisdiction,
`
`including
`
`Defendants’ distribution, marketing and sale of goods and services into this state.
`
`5.
`
`Venue lies in this judicial district pursuant to 28 U.S.C. § 1391, because the
`
`Defendant is subject to personal jurisdiction, and because a substantial part of the events,
`
`

`
`Case 5:€38—cv—OC)822-Ev’!
`
`Docume:-mt 1
`
`Fiied 08/08/2008
`
`Page 2 of 5
`
`omissions and property that is the subject of this action is situated within this judicial
`
`district.
`
`FACTS
`
`The allegations of paragraphs 1-5 are repeated and realleged as if set forth fully herein.
`
`6.
`
`Plaintiff owns and operates various banks throughout Oklahoma and
`
`northern Texas.
`
`Plaintiff offers a variety of services to its customers,
`
`including
`
`commercial and consumer banking, estate trust management, lending, funds investment
`
`commercial and consumer financial services, and investment securities.
`
`7.
`
`Since at least 2004, Plaintiff has continuously used COPPERMARK as a
`
`service mark for in connection with its goods and services.
`
`8.
`
`On October 28, 2004, Plaintiff applied to register COPPERMARK as a
`
`service mark for its banking and financial services with the United States Patent and
`
`Trademark Office ("USPTO"). Plaintiff began using the mark on November 17, 2004,
`
`and on July 18, 2006, the USPTO issued a certificate of registration for Plaintiffs mark
`
`(U.S. Registration No. 3,118,247, attached as as Exhibit 1).
`
`9.
`
`Prior to its use of COPPERMARK, Plaintiff used the mark AMERICREST
`
`for its banking and financial services.
`
`10.
`
`Defendant was organized and formed on June 30, 2005. Since that time,
`
`Defendant has used the mark COPPERCREST in connection with its banking and
`
`financial services.
`
`11.
`
`On May 15, 2006, Defendant filed an application with the USPTO to
`
`register the COPPERCREST mark in connection with the following goods and services:
`
`2
`
`

`
`Case 5:€38—cv—OC)822—F\ii
`
`Document 1
`
`Fiied 08/08/2008
`
`Page 3 of 5
`
`"Banking and financial services, namely mortgage banking, mortgage brokering, loan
`
`brokering, loan servicing, loan investment services, loan management, and buying and
`
`selling financial instruments." See U.S. Serial No. 78,883,419.
`
`12.
`
`On Mar 14, 2007, the USPTO published the Defendant's COPPERCREST
`
`application for opposition.
`
`13.
`
`On June 1, 2007, Plaintiff filed a Notice of Opposition with the USPTO
`
`opposing the registration of the COPPERCREST mark on the grounds that by
`
`Defendant's use of the COPPERCREST mark in connection with the same services
`
`provided by Plaintiff under its COPPERMARK service mark would be likely to confuse
`
`consumers. See Opposition No. 91,177,738 (attached as Exhibit 2). This Opposition is
`
`still pending before the Trademark Trial and Appeal Board of the USPTO.
`
`14.
`
`During the Opposition, Defendant asserted under oath that
`
`it uses the
`
`COPPERCREST mark "in all 50 states." In addition, Defendant stated under oath that is
`
`has sold approximately $100,000,000.00 in loans under the COPPERCREST mark.
`
`15.
`
`Defendant's continued use of the COPPERCREST mark throughout the
`
`United States has harmed and will continue to harm Plaintiff.
`
`

`
`Case 5:€38—cv—OC)822-Ev’!
`
`Docume:-mt 1
`
`Fiieci 08/08/2008
`
`Page 4 of 5
`
`TRADEMARK INFRINGEMENT IN VIOLATION OF 15 U.S.C. § 1114(1)(A)
`
`COUNT 1:
`
`The allegations of paragraphs 1-15 are repeated and realleged as if set forth fully herein.
`
`16.
`
`Defendant's use of the COPPERCREST mark is a "use in commerce" of a
`
`"reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection
`
`with the sale, offering for sale, distribution, or advertising of [] goods or services on or in
`
`connection with which such use is likely to cause confusion, or to cause mistake, or to
`
`deceive." 15 U.S.C. § 1114(1)(a).
`
`17.
`
`Defendant's use is likely to cause confusion about the source of Defendant's
`
`services
`
`and thereby constitutes
`
`infringement of Plaintiffs
`
`federally registered
`
`COPPERMARK service mark.
`
`18.
`
`By reason of the foregoing, the Plaintiff has been injured in an amount not
`
`yet ascertained and is entitled to the remedies provided for in 15 U.S.C. § 1116 et seq.
`
`DEMAND FOR JUDGMENT
`
`19.
`
`Pursuant to 15 U.S.C. § 1116, Plaintiff requests that this Court grant an
`
`injunction prohibiting the Defendant from using in commerce the COPPERCREST mark,
`
`or any other mark that is likely to be confused with the Plaintiffs COPPERMARK mark.
`
`20.
`
`Pursuant to 15 U.S.C. § 1117(a), Plaintiff requests that this Court grant it
`
`monetary relief equal to the greater of three times Defendant's profits or three times
`
`Plaintiffs damages.
`
`

`
`Case 5:€38—cv—OC)822—F\ii
`
`Document 1
`
`Fiied 08/08/2008
`
`Page 5 of 5
`
`21.
`
`Pursuant to 15 U.S.C. § 1118, Plaintiff requests that all materials and goods
`
`upon which Defendant has placed the COPPERCREST mark be delivered up and
`
`destroyed.
`
`22.
`
`Pursuant to 15 U.S.C. § 1119, Plaintiff requests that the Court order the
`
`Defendant to expressly abandon its application to register the COPPERCREST mark
`
`(U.S. Serial No. 78,883,419) on the principal register.
`
`23.
`
`Pursuant to 15 U.S.C. § 1117(a), Plaintiff requests that this Court grant
`
`Plaintiff its attorneys’ fees, costs and expenses.
`
`24.
`
`Plaintiff further requests that this Court grant such other relief as it deems
`
`just and proper.
`
`JURY TRIAL DEMANDED
`
`Respectfully submitted,
`
`s/Drew T. Palmer
`
`Phillip L. Free Jr., OBA #15765
`Drew T. Palmer, OBA # 21317
`
`Attorneys for Plaintiff Coppermark Bank
`CROWE & DUNLEVY
`
`A Professional Corporation
`20 North Broadway
`Suite 1800
`
`Oklahoma City, OK 73102-8273
`(405) 235-7700
`
`(405) 239-6651 (Facsimile)
`
`drew.palmer@crowedunleVy.com
`
`1789887/03/PALMERD 8/8/2008 2:29 PM
`
`5
`
`

`
`Case 5:{)8—ev—{3€3822¥§\/E
`
`D<:>c:umeIItI~2
`
`Fiied G8./'08./’20{)8
`
`Page-31 CH
`
`Int. Cl.: 36
`
`Prior U.S. C1s.: 100, 101, and 102
`
`Reg. No. 3,118,247
`United States Patent and Trademark Office Registered July 18,2006
`
`
`
`SERVICE MARK
`PRINCIPAL REGISTER
`
`
`
`COPPER)MARK BANK (OKLAHOMA CORPORA-
`TION
`3333 N-W-» EXPRESSWAY
`OKLAHOMA Cm’ OK 73112
`FOR: COMMERCIAL AND CONSUMER BANK-
`
`FIRST USE 11-17-2004; IN COMMERCE ll-17-2004.
`THE MARK CONSISTS OF STANDARD CHAR-
`ACTERS WITHOUT CLAIM TO ANY PARTICULAR
`FONT’ S
`E’ SIZE’ OR COLOR"
`
`SUMER FINANCIAL SERVICES, NAMELY, IN-
`VESTMENT SECURITIES, IN CLASS 35 (U.S. CLS.
`100, 101 AND 102).
`
`VWIAN MICZNTK FIRST, EXAMINING ATTOR-
`NEY
`
`EXHIBIT
`
`j
`
`

`
`Case 5:08—cv~00822—i\/I
`
`Dccument‘l~3
`
`Filed 08./'08/2008
`
`Page-3‘l cf?
`
`: estta.u I
`Trademark Trial and Appeal Board Electronic Filing System. h
`ES'|'|'A Tracking number:
`ESTTA143765
`
`.
`
`v
`
`Filing date:
`
`06/01/2007
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer Information
`
`Iii cowermarksank
`Granted to Date
`06/02/2007
`
`
`
`
`
`3333 N.W. Expressway
`Oklahoma City, OK 73112
`UNITED STATES
`
`Phillip L. Free, Jr.
`CROWE & DUNLEW, P.C.
`20 North Broadwaysuite 1800
`Oklahoma City, OK 73102-8273
`UNITED STATES
`
`lPmail@crowedun|evy.com Phone:405.235.77OO
`
`of previous
`extension
`
`Address
`
`Attorney
`information
`
`
`
`
`
`Applicant Information
`
`Application No
`
`78883419
`
`Publication date
`
`04/03/2007
`
`Opposition Filing
`Date
`
`06/01/2007
`
`Opposition
`Period Ends
`
`06/02/2007
`
`Applicant
`
`Coppercrest Funding LLC
`Suite 330 2222 West Pinnacle Peak Road
`Phoenix, AZ 85027
`UNITED STATES
`
`Goods/Services Affected by Opposition
`
`Class 036. First Use: 2005/06/30 First Use In Commerce: 2005/06/30
`
`
`notes, real estate interests and securities
`
`All goods and sevices in the class are opposed, namely: Banking and financial services, namely
`mortgage banking, mortgage brokering, loan brokering, loan servicing, loan investment services, loan
`management, and buying and selling financial instruments for others in the nature of promissory
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Registration
`No.
`
`3118247
`
`Application Date
`
`10/28/2004
`
`
`
`Foreign Priority Date
`07/18/2006
`Registration Date
`
`
`Word Mark
`
`COPPERMARK
`
`EXHIBIT
`
`_g'L___
`
`

`
`Design Mark
`
`Description of
`Mark
`
`secufifies
`
`Goods/Services
`
`Class 036. First use: First Use: 2004/11/17 First Use In Commerce: 2004/11/17
`
`Commercial and consumer banking, estate trust management, lending, funds
`investment; Commercial and consumer financial services, namely, investment
`
`Attachments
`
`78507587#TMSN.jpeg ( 1 page )( bytes)
`Coppercrest-Notice of Opposition.pdf( 5 pages )(146404 bytes )
`
`
`
`
`
`/Phillip L. Free, Jr./
`
`Phillip L. Free, Jr.
`06/01/2007
`
`Signature
`
`
`
`
`Name
`Date
`
`
`

`
`Case 5:{)8—ev~QO822—i\/E
`
`Document 143
`
`Filed G8./'08./’2008
`
`Page 3 at 7
`
`DEPOSITED ON: JUNE 1, 2007
`
`TRADEMARK
`DKT NO.: Il097US01
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND" APPEAL BOARD
`
`In the matter of trademark application Serial No. 78/883,419
`For the mark: COPPERCREST
`Published in the Official Gazette on: April 3, 2007
`
`Opposition No.
`
`)
`
`) )
`
`) )
`
`)
`)
`)
`
`) )
`
`)
`
`Coppermark Bank
`an Oklahoma corporation
`
`Opposer,
`
`v.
`
`,
`Coppercrest Funding, LLC
`an Arizona Limited Liability Compan
`
`Applicant.
`
`Commissioner for Trademarks
`P.O. Box 1450
`'
`
`Alexandria, VA 22313-1450
`
`NOTICE OF OPPOSITION
`
`Coppermark Bank, an Oklahoma corporation (“Opposer”), with a principal place of
`
`business at 3333 N.W. Expressway, Oklahoma City, OK 73112, an Oklahoma corporation
`
`opposes registration of the mark COPPERCREST, Serial No. 78/883,419, published in the
`
`Official Gazette of April 3, 2007.
`
`The grounds for opposition are as follows:
`
`1.
`
`Applicant filed applications to register the mark COPPERCREST on May 15,
`
`2006 which was assigned Serial No. 78/883,419 for “Banking and financial services, namely
`
`mortage banking, mortagage brokering,'loan brokering, loan servicing, loan investment services,
`
`loan management, and buying and selling financial instruments for others in the nature of
`
`

`
`Case 5:{)8—ev~QO822—i\/E
`
`Deczument 143
`
`Filed G8./'08./’2008
`
`Page 4 at 7
`
`promissory notes, real estate interests and securities” in class 036, on the Principal Register
`
`(“Applicant’s mar ”).
`
`2.
`
`Opposer, prior to Applicant’s filing date, and Applicant’s date of first use,
`
`adopted and has continuously used the mark COPPERMARK as a trademark for various
`
`goods/services including but not limited to banking and financial services.
`
`3.
`
`Opposer is the owner of the following federal trademark (the “Opposer’s mark”)
`
`which include, but are not limited to, the following registration which is valid and subsisting:
`
`Mark
`
`Class
`
`Goods/Services
`
`Opposer
`
`has
`
`extensively,
`
`continuously
`
`and without
`
`interruption
`
`used
`
`' COPPERMARK beginning at 'leas_'t__'.as
`
`5-2.004 in promoting its banking and financial
`
`services. By reason of Opposer’s activities over an extended period of time, Opposer’s mark has
`
`become well known to the relevant public as identifying and distinguishing Opposer, Opposer’s
`
`business, and Opposer’s services from those of others. Opposer, through great expense and
`
`quality control, has created, and is the owner of, substantial goodwill, consumer recognition and
`
`reputation in the Opposer’s mark for banking and financial services.
`
`5.
`
`Applicant’s mark is substantially identical in appearance, sound andconnotation
`
`to Opposer’s mark. Applicant’s mark so resembles Opposer’s mark as to be likely, when used in
`
`connection with the goods identified in the application for Applicant’-s mark, to cause confusion,
`
`to cause mistake, or to deceive the consuming public. Applicant’s mark should be found to be
`
`unregisterable under § 2(d) of the United States Trademark Act, 15 U.S. C. § l052(d), as
`
`amended.
`
`
`
`estate trust management, lending,
`
`Commercialandconsumerbanking,
` funds investment; Commercial and
`
`consumer financial services, namely,
`investment securities
`
`
`
`
`Reg. No. or
`Serial No.
`
`3,113,247
`
`4
`
`COPPERMARK
`
`

`
`Case 5:{)8—ov~QO822—i\/E
`
`Document 143
`
`Filed 08./'08./’2008
`
`Page 5 of ?
`
`6.
`
`Upon information and belief, Opposer offers banking and financial services under
`
`the mark COPPERMARK, and Applicant is using the mark COPPERCREST for banking and
`
`financial services as well. Consumers are likely to consider the services of Applicant rendered
`under Applicant’s mark as emanating fi'om or related to Opposer and engage such services as
`
`those of the Opposer, potentially resulting in lost sales. Moreover, concurrent use of Opposer’s
`
`mark and Applicant’s mark may result in irreparable damage to Opposer’s reputation and
`
`goodwill because consumers are likely to attribute the source or affiliation of Applicant’s
`
`services to Opposer.
`
`7.
`
`Due to the similarities in Applicant’s mark and Opposer’s mark, the similarities in
`
`the services used with the respective marks, and the overlap in consumers who purchase goods
`
`related to the respective marks, Applicant’s mark is likely to be confused with and mistaken for
`
`Opposer’s mark, so as to cause confusion and lead to deception as to source, sponsorship, or
`
`affiliation by the consuming public. >
`_
`8.
`Opposer believes it will be damaged by registration of Applicant’s mark because
`
`such registration would give Applicant at least a prima facie exclusive right to use Applicant’s '
`
`confusingly similar mark in commerce
`
`the United States, in derogation of Opposer’s rights in
`
`Opposer’s mark. Because Opposer has priority of use of Opposer’s mark, Applicant will obtain
`
`a federal registration to which it is not entitled, and which is inconsistent with Opposer’s prior
`
`rights.
`
`9.
`
`. The filing fee in the amount of $300.00 to oppose Applicant’s mark is enclosed
`
`herewith. Please charge any deficiency or credit any overpaymentto Deposit Account No. 13-
`
`0110 and direct all correspondence in connection with this opposition to the undersigned.
`
`

`
`Case 5:{)8—ev~Q0822—l\/E
`
`Document 143
`
`Filed 08./'08./’2008
`
`Page 5 of ?
`
`WHEREFORE, Opposer believes it will be damaged by registration of App1icant’s mark
`
`and respectfully requests that the opposition be sustained and that registration be refused.
`
`Respectfully submitted,
`
` By:
`
`
`5
`#: 15
`Phillip L. Free, Jr.,
`David M. Sullivan, OBA # 18851
`Marie S. Johnston, OBA # 19847
`Drew T. Palmer, OBA # 21317
`- Of the Firm -
`
`CROWE & DUNLEVY, P.C.
`20 N. Broadway, Suite 1800
`Oklahoma City, OK 73102
`(405) 235-7700
`(405) 239-6651 (Fax)
`
`ATTORNEY FOR OPPOSER
`COPPERMARK BANK
`
`

`
`Case 5:{)8—ev~QO822—i\/E
`
`Document 143
`
`Filed G8./'08./’2008
`
`Page 7’ of 7
`
`CERTIFICATE OF TRANSMISSION
`
`I hereby certify that this correspondence is being electronically transmitted via
`
`ESTTA to the United States Patent and Trademark Office on this 1“ day of June, 2007.
`
` Phillip L. Free, Jr.
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Notice of
`
`Opposition was mailed first class mail, postage prepaid, this 1“ day of June, 2007 to the
`
`following:
`
`Daniel J. Noblitt
`
`Noblitt & Gilmore, LLC
`4800 N Scottsdale Road, Suite 6000
`Scottsdale, AZ _8§2§_1—7616
`
`
`
`PM
`
`
`Phillip L. Free, Jr.
`
`

`
`Case 5:08—ev~00822—i\/i
`
`Document i~4
`
`Filed 08./08./’2008
`
`Page 1 of 1
`
`N844 (Rev-12/07>
`
`CIVIL COVER SHEET
`
`The JS 44 civil cover sheet and the information contained herein neither re lace nor supplementthe filing and service ofpleadings or othertfiapers as re uired by law, except as provided
`by local rules of court. This fonn, approved by the Judicial Conference 0 the United States in September 1974, is required for the use of
`e Clerk of our: for the purpose of initiating
`the civil docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`
`1. (a) PLAINTIFFS
`
`Coppermark Bank
`
`DEFENDANTS
`
`Coppercrest Funding, LLC
`
`(b) County of Residence of First Listed Plaintiff Oklahoma
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`Maricopa
`County of Resiiieiiee ofFj1-51; Listed Defeiidetit
`(IN U.S. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`LAND INVOLVED.
`
`NOTE:
`
`(C) Attomey’s (Firm Name, Address, and Telephone Number)
`
`Atl30meYS (If KI'l0W1l)
`
`Crowe & Dunlevy, P.C., 20 North Broadway, Ste. 1800,
`Oklahoma Ci
`, OK 73102, 405 235-7700
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`D 1 U.S. Govemment
`Plaintiff
`
`B 3 Federal Question
`(U.S. Government Not a Party)
`
`U 2 U.S. Govemment
`
`El 4 Diversity
`
`Defendant
`
`(Indicate citizenship of Parties in Item III)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES(P1ace an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`and One Box for Defendant)
`PTF
`PTF
`DEF
`U 1
`CI 4
`CI 4
`
`Citizen ofThis State
`
`DEF
`D l
`
`Incorporated or Principal Place
`ofBusiness In This State
`
`Citizen ofAnother State
`
`Citizen or Subject of a
`Forei Coun -
`
`CI 2
`
`Cl 3
`
`CI
`
`Cl
`
`2
`
`3
`
`Incorporated and Principal Place
`
`II
`
`5
`
`Cl
`
`5
`
`ofBusiness In Another State
`Foreign Nation
`
`3 6
`
`D 6
`
`
`
`CI
`
`
`
`
`
`CI
`
`'9?
`' sv "
`861 HIA (1395
`862 Black Lung (923)
`863 DIWC/DIWW (405(g))
`864 SSID Title XVI
`
`
`
`
`
`
`
`
`
`IV. NATU
`RE OF SUIT lace an “X” in One Box Onl
`
`
`CON'I:'RK€
`01141‘
`
`
`
`3 110 Insurance
`PERSONAL INJURY
`CI 610 Agriculture
`422 Appeal 28 USC 158
`CI 400 State Reapportionment
`PERSONAL INJURY
`I3 120 Marine
`362 Personal Injury -
`El 620 Other Food & Drug
`423 Withdrawal
`D 410 Antitrust
`310 Airplane
`II
`II 130 Miller Act
`3 315 Airplane Product
`Med. Malpractice
`CI 625 Drug Related Seizure
`28 USC 157
`El 430 Banks and Banking
`Liability
`Cl
`365 Personal Injury -
`ofProperty 21 USC 881
`3 140 Negotiable Instrument
`El 450 Commerce
`
`II
`320 Assault, Libel &
`Product Liability
`El 630 Liquor Laws
`—'
`'
`,\
`"
`'
`3 150 Recovery of Overpayment
`Cl 460 Deportation
`
`&Enforcement ofJudgment
`
`
`
`
` Slander D 368 Asbestos Personal CI 640 R.R. & Truck 820 Copyrigh
`D 470 Racketeer Influenced and
`
`3 330 Federal Employers’
`Injury Product
`CI 650 Airline Regs.
`830 Patent
`Cl 151 Medicare Act
`Corrupt Organizations
`Liability
`Liability
`CI 660 Occupational
`840 Trademark
`3 152 Recovery of Defaulted
`Cl 480 Consumer Credit
`3 340 Marine
`PERSONAL PROPERTY
`Safety/Health
`Student Loans
`D 490 Cable/Sat TV
`(Excl. Veterans)
`3 345 Marine Product
`II 370 Other Fraud
`CI 690 Other
`Cl 810 Selective Service
`CI 153 Recovery of Overpayment
`Liability
`II
`371 Truth in Lending
`—
`LA = I R‘
`3 850 Securities/Commodities/
`of Veteran’s Benefits
`3 350 Motor Vehicle
`Cl
`380 Other Personal
`CI 710 Fair Labor Standards
`Exchange
`II 160 Stockholders’ Suits
`3 355 Motor Vehicle
`Property Damage
`Act
`D 875 Customer Challenge
`3 190 Other Contract
`Product Liability
`385 Property Damage
`El 720 Labor/Mgmt. Relations
`12 USC 3410
`3 195 Contract Product Liability 3 360 Other Personal
`Product Liability
`D 730 Labor/Mgmt.ReporIing
`J 890 Other Statutory Actions
`3 I96 Franchise
`In’
`& Disclosure Act
`D 891 Agricultural Acts
`3
`REAI’;’?PR'01’-ER-'1-‘Y
`'
`PPRISONER I2ETI5I'IONS‘f t D 740 Railway Labor Act
`3 892 Economic Stabilization Act
`
`3 210 Land Condemnation
`441 Voting
`510 Motions to Vacate
`3 790 Other Labor Litigation
`El 893 Environmental Matters
`3 220 Foreclosure
`CI
`442 Employment
`Sentence
`3 791 Empl. Ret. Inc.
`or Defendant)
`3 894 Energy Allocation Act
`El 230 Rent Lease & Ejectment
`CI
`443 Housing
`I-Inbeas Corpus:
`Security Act
`871 IRS—Third Party
`3 895 Freedom ofInformation
`3 240 Torts to Land
`Accommodations
`530 General
`26 USC 7609
`Act
`, 2
`II 245 Tort Product Liability
`Cl 444 Welfare
`535 Death Penalty
`D 90OAppeal ofFee Determination
`3 290 All Other Real Property
`CI
`445 Amer. w/Disabilities -
`540 Mandamus & Other 3 462 Naturalization Application
`Under Equal Access
`Employment
`550 Civil Rights
`3 463 Habeas Corpus -
`to Justice
`Cl
`446 Amer. w/Disabilities —
`555 Prison Condition
`Alien Detainee
`D 950 Constitutionality of
`
`Other
`Cl 465 Other Irmnigration
`State Statutes
`440 Other Civil Rights
`Actions
`
`
`
`V. ORIGIN
`81 Original
`Proceeding
`
`(Placean“X” in OneBox Only)
`ij 2 Removed from
`E] 3 Remanded from
`State Court
`Appellate Court
`
`El 4 Reinstated or
`Reopened
`
`[II
`
`5 Tragfeggfifrgm El 6 Multidistrict
`am’
`.3‘
`15 1°
`Litigation
`
`El 7
`
`AP a1t0DiS1Iict
`fl g.°tf;;’tm
`agis
`
`
`°’i%"i3.%.sc°.‘§e% iéiifi
`Brief description of cause:
`I rademark inrringement
`
`C! CHECK IF THIS IS A CLASS ACTION
`DEMAND $
`CHECK YES only if demanded in complaint:
`UNDER F.R.C.P. 23
`To Be Determined at Trial
`may DEMAND;
`at Yes
`:1 Ne
`
`El’a6rf‘I{_li%(IA)cl{0t cite jurisdictional statutes unless diversity):
`
`
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
`COMPLAINT;
`
`.
`_
`_
`S
`VIII. RELATED CASE(S)
`DOCKET NUMBER
`JUDGE
`( “‘“5”“°“°“‘)‘
`IF ANY
`
`DATE
`TURE OF ATTORNEY OF RECORD
`
`
`08/08/2008
`
`FOR OFFICE USE ONLY
`
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
`e
`
`

`
`Page 1 of 2
`
`Brooke Bronson-Bower
`
`From:
`
`okwd_ecf_notice@okwd.uscourts.gov
`
`Sent:
`
`Friday, August 08, 2008 3:27 PM
`
`To:
`
`okwdecf@okwd.uscourts.gov
`
`Subject: Activity in Case 5:O8—cv-00822—M Coppermark Bank v. Coppercrest Funding LLC Complaint
`
`
`
`“‘....<..
`/ ,1
`»/
`III
`fir/.
`
`\‘\*.._.\‘~
`
`.\*.'~‘ 4*“ W
`Ex ix’f'/4
`
`/'0.
`E
`
`.\‘.".‘EV~"\.\‘."‘\ ‘.
`
`‘E. “N .
`
`***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys
`of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents
`filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other
`users. To avoid later charges, download a copy each document during this first viewing. However, if the
`referenced document is a transcript, the free copy and 30 page limit do not apply.
`
`U.S. District Court
`
`Western District of Oklahoma[LIVE]
`
`Notice of Electronic Filing
`
`The following transaction was entered on 8/8/2008 at 3:26 PM CDT and filed on 8/8/2008
`Case Name:
`Coppermark Bank V. Coppercrest Funding LLC
`Case Number:
`5:08—cv—822
`
`Coppermark Bank
`Filer:
`Document Number: 1
`
`Docket Text:
`
`CGNEPLAENT agaiiiai Capparcraai Funding LLC, iiied by Cappermark Bank. (Aiiaahmania: iii (1)
`Exhibit 1 -= US Patent 8: Trademark, # (2) Exhibit 2 == Qppaaar iriiarrriaiiari, # (3) Civii Caver Shaaixip, )
`
`5:08-cv-822 Notice has been electronically mailed to:
`
`Drew T Palmer drew.palmer@crowedunlevy.com, brooke.bower@crowedunlevy.com, ecf@crowedunlevy.com
`
`5:08-cv-822 Notice has been delivered by other means to:
`
`The following document(s) are associated with this transaction:
`
`Document description:Main Document
`Original filename:n/a
`Electronic document Stamp:
`[STAMP dcecfStamp_ID=1041971380 [Date=8/8/2008] [Fi1eNumber=1265625—0]
`[7b0af102058a6ff4bcc364683bdf3837e3fealfbcdb1e402bfd6807eb1313b15dd00
`dd7 12446ca7 ab65ecbc83ff069e4c7 26c99a7bd0c3be4bcebd83b927 8c7 9]]
`Document description:Exhibit 1 — US Patent & Trademark
`Original filename:n/a
`Electronic document Stamp:
`[STAMP dcecfStamp_ID=1041971380 [Date=8/8/2008] [Fi1eNumber=1265625—1]
`[2a7 97 d246520fa7 19954009d164ac23 8b447 e402b49e1e2101 1a1f9a87 dc5 3d352a5
`
`8/8/2008
`
`

`
`Page 2 of 2
`
`3012addd0363a9b16da0dba6fb4be85be1f2690988745f8e49331779ee4a]]
`
`Document description:EXhibit 2 — Opposer Information
`Original filenamezn/a
`Electronic document Stamp:
`[STAMP dcecfStamp_ID=1041971380 [Date=8/8/2008] [FileNumber=1265625—2]
`[9542b7 5b8f8bcf3a05 07 d39bc2ed25 8fbb3cf465b2e222f0a0b7 69bce0 1 59ee67 62a
`
`1da5593c3a96be6d745f80848128c1bb16d909cb783913172cd3816c45b3]]
`Document description:CiVi1 Cover Sheet
`Original filenamezn/a
`Electronic document Stamp:
`[STAMP dcecfStamp_ID=1041971380 [Date=8/8/2008] [Fi1eNumber=1265625—3]
`[3b8fd21f5c65a494afb7afe2bbec004b98997ebac217570131a924a525deb1e2f13c
`a5f756a8a66ec2f4646dc0cbf235f2fc1c8b8a3fab0824ac145864ff111c]]
`
`8/8/2008