Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA267562
`ESTTA Tracking number:
`02/19/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91188416
`Defendant
`Young, Terry L.
`YOUNG, TERRY L.
`20770 N HWY 281 STE 108
`SAN ANTONIO, TX 78258-7500
`
`srt3000@msn.com
`Answer
`/Terry L. Young/
`srt3000@msn.com
`/Terry L. Young/
`02/19/2009
`Answer page1.pdf ( 1 page )(2251228 bytes )
`Answer page 2.pdf ( 1 page )(1096089 bytes )
`Domain Registry.pdf ( 1 page )(3897791 bytes )
`Texas Bar Journal.pdf ( 1 page )(4974420 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 THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Serial No. 77540851
`
`D-Col, Inc. V. Young, Terry L.
`Opposition No. 91 188416
`
`Answer
`
`I.
`
`1, Terry L. Young, admit that I was, at one point in time, talking with Stolmeier about forming a
`corporation with Stolmeier as our attorney. But,
`I do not know if Stolmeier created the
`corporation or if he designated himself as President. Since I do not know if D- Col, Inc. is a
`corporation duly incorporated in the State of Delaware on December 21, 2007 or if Patrick J.
`Stolmeier is the incorporator and President of the corporation, 1 deny these statements. I also
`deny that D-Col, Inc. has standing because its corporate name is similar to the trademark serial
`no. 77540851 (D-Col).
`I explain my reasons later.
`
`II.
`
`I deny that I acquired trademark serial no. 77540851 through fraud and theft. As mentioned
`above, while I talked to Stolmeier about forming a company with himself as the attorney, I do
`not know if Stolmeier created the corporation or who he designated as officers, directors,
`stockholders or employees of D-Col, Inc. Since I do not know, I deny these statements by D-
`Col, Inc.
`I do not know and cannot admit or deny that D-Col, Inc. agreed, consented or approved
`of trademarking D-Col.
`I do not believe I needed any approval from D-Col, Inc. since I was
`using D-Col before D-Col, Inc. was ever created.
`
`III.
`
`I do not think I need to respond to the slanderous statements in paragraph III, since they have
`nothing to do with the D-Col trademark.
`
`IV.
`
`For the background on this matter, I was working on products to combat MRSA (Methicillin
`Resistant Staphylococcus Aureus) for several years before Dec. 1, 2007, the date that D-Col,
`Inc. was supposedly incorporated. As evidence of my previous efforts to develop products to
`combat bacteria infections, I filed several trademark applications similar to D-Col, such as
`MRSA, Serial No. 78620755 (filing date May 2, 20005), Klenzall, Serial No. 78583288 (filing
`date March 9, 2005), and VRE, Serial No. 78621987 (filing date May 3, 2005).
`
`When developing my idea for a product which would combat MRSA I came up with the idea for
`antimicrobial coatings to treat the growth of mold, mildew, bacteria and fungus on various
`surfaces.
`In a discussion with a doctor in 2006, I hit upon the idea to call my product D-Col.
`
`
`
`

`
`This was a catchy and easy to say name and suggested that the product de-colonize MRSA when
`used. One of my first steps was to register the domain name www.d-col.com on January 21,
`2006. A copy is attached as Exhibit A. Since I have been using the trademark well before D-Col,
`Inc. was ever created, I believe I have the right to register and continue using the name without
`inference from it.
`
`D-Col, Inc. has never used D-Col before the public and has never used the trademark in business.
`To my knowledge, it does not sell any goods, has never sold any goods, and does not offer any
`services.
`
`I feel that I can not trust Patrick Stolmeier. Since talking with him about starting a business
`together, I have learned that he has been publicly reprimanded by the Texas Bar for three
`different complaints. The reprimand includes findings that Stolmeier failed to keep a client
`informed of his case, failed to account for fees, “made false statements of material fact,” failed to
`notify a person of the receipt of settlement funds, and failed to pay the person. A copy of the
`Texas Bar Journal with this information is attached as Exhibit B.
`
`Tm, 3 pég, 3
`
`erry Young
`Applicant
`
`

`
`d-co1.com WHOIS domain registration information from Network Solutions
`
`Page 1 of
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`PMB309 20770 N. Hwy. 281. I108
`San Antonio., TX 75258
`US
`Aanhiatmlva corlncl.
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`Torry Young (SRT3000@rnan.eom)
`612107990024
`Fazc
`PMBSOI 20770 N. Hwy. 281. I108
`Sm An|onio.. TX 70258
`US
`Taainlcd Contact
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`Tony Yourlu (SRTSOOOG-nan com)
`012101890924
`FIX!
`PMB309 20770 N. Hwy. 251. I108
`Sm AnIon|o.. TX 78258
`US
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`Exprnfion dau. 21 Jan 2010 02.42.00
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` DISCIPLINE
`
`Ii’ -5
`
` EX
`
`the judge ordered a bass boat and the
`proceeds applied to a note, Prueitt sold
`the boat for $600 and took the $600 as
`
`
`
`attomey’s fees. Prueitt violated Rules
`1.14-(a) and 3.04(d). She was ordered to
`
`pay $600 into the registry of the court,
`and to pay $350 in attomey’s fees.
`
`On Aug. 7, Patrick J. Stolmeier
`[#19284-370], 46, of San Antonio
`received a public reprimand. The 225th
`District Court of Bcxar County found
`that in one count, the complainant
`hired a lawyer in Stolmeier's firm to
`handle a matter on behalf of his then-
`
`fiancé, to enforce visitation against the
`f1ancé’s former husband pursuant to a
`divorce decree. Stolmeier’s firm had
`
`previously represented the former hus-
`band in the divorce matter.
`
`ln count two, the complainant hired
`Slolmeier for representation in a crimi-
`nal case for a fee of $30,000. Stolmeier
`
`failed to appear at an Oct. 14, 1999,
`hearing, resulting in material harm to
`the complainant. Stolmeier failed to
`notify the complainant of an April 6,
`1999 setting, resulting in material harm
`to the complainant. Stolmeier failed to
`keep the complainant reasonably
`informed of the status of the case and
`
`did not comply with the complainant's
`requests for information. He also failed
`to explain legal matters to the com-
`plainant to the extent necessary for the
`complainant to make informed deci-
`sions about the case. Stolmeier also
`
`failed to provide the complainant a full
`accounting of fees, and made false state-
`ments of material fact to the investiga-
`tory panel when he denied missing
`hearings and settings.
`In count three, the complainant under-
`took medical treatment of Stolmeier‘s
`
`client in June 1995, and was provided
`a letter of protection and assignment
`of benefits. Following settlement of the
`client's claim, Stolmeier failed to
`
`promptly notify the complainant of the
`receipt of the settlement funds. Instead,
`Stolmeier informed the complainant
`that the client received no monetary
`compensation and that he was unable to
`satisfy the letter of protection. After the
`complainant learned from opposing
`counsel that Stolmeier had received
`
`settlement funds, Stolmeier advised the
`
`complainant that the balance of his
`client's settlement funds. after his con-
`
`tingent fee was paid, were assigned to
`Stolmeier's firm as attomey‘s fees. These
`attomey‘s fees were to pay for the repre-
`sentation of the client in two previous
`unrelated criminal cases. After Stolmeier
`
`deducted his contingent fee and expens-
`es, there was a recovery for the client.
`However, Stolmcier allocated all of the
`
`client’s recovery to unrelated sums
`owed to Stolmeier. He failed to main-
`
`tain complete records of these funds
`after temtination of the representation,
`
`Stolmeier violated Rules l.0l(b)(1),
`1.03(a) and (b), l.09(a), 1.141(3) and (lg),
`l.l5(a)(l) and (d), 3.03(a)(1), 4-.0l(a),
`5.010)), and 8.04(a)(3).
`
`On Feb. 20, James Garza
`
`[#07732900], 53, of Houston accepted
`a public reprimand. An evidentiary
`panel of the District 4-H Grievance
`Committee found that Garza failed to
`
`respond to notice of a complaint from the
`grievance committee. He violated Rule
`8.04(a)(8). Garza was ordered to pay
`$750 in attorney's fees and 3367 in costs.
`
`On Dec. 10, 2001, Gilbert D.
`
`Smith [# 18598500]. 64, of Arlington
`accepted a public reprimand. An evi-
`dentiary panel of the District 7-A
`Grievance Committee found Smith failed
`
`to keep his client informed of the status I
`of a personal injury matter. Smith also
`allowed the statute of limitations to run
`
`without informing his client. Smith vio-
`lated Rules l.0l(b)(l), l.O3(a), and
`8.04-(a)(I). He was ordered to attend
`sessions of the Professionalism Enhance-
`
`ment Program and to pay $858.75 in
`attorney's fees.
`
`On March 19, Lawrence D. Tackett
`
`[#l9607400], 55, of Houston accepted
`a public reprimand. An evidentiary
`panel of the District 5-A Grievance
`Committee found that the complainant
`hired Tackett to file a Chapter 13
`bankruptcy petition in order to stop a
`pending foreclosure. Tackett filed the
`petition. but failed to advise the com-
`plainant of a scheduled trustee meeting.
`This contributed to the dismissal of the
`
`complainant's case. Tackett violated
`Rule l.03(b). He was ordered to pay
`$500 in attorney's fees.
`
`
`
`
`
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