`ESTTA306937
`ESTTA Tracking number:
`09/18/2009
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91191418
`Defendant
`Derek Zeanah
`CHARLES PEELER
`FLYNN PEELER & PHILLIPS, LLC
`PO BOX 7
`ALBANY, GA 31702-0007
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`cpeeler@fpplaw.com
`Answer
`Charles Peeler
`cpeeler@fpplaw.com
`/Charles Peeler/
`09/18/2009
`ANSWER.pdf ( 7 pages )(27143 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Derek Zeanah
`THE HIGH ROAD
`December 8, 2008
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`April 14, 2009
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`Opposition No. 91191418
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`In the matter of Application Serial No. 77/628,267
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`Applicant:
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`Mark:
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`Filed:
`Published in the
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`OLEG VOLK,
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`OPPOSER,
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`DEREK ZEANAH,
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`APPLICANT.
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`Commissioner for Trademarks
`P. O. Box 1451
`Alexandria, VA 22313-1451
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`ANSWER AND DEFENSES
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`NOW COMES, Derek Zeanah (“Zeanah” or “Applicant”) and hereby files this his
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`Answer and Defenses in response to the Notice of Opposition filed by Oleg Volk (“Volk”
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`or “Opposer”) in the above-captioned matter, respectfully showing as follow:
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`FIRST DEFENSE
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`Opposer fails to state a claim upon which relief can be granted.
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`SECOND DEFENSE
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`Opposer cannot show any likelihood of confusion.
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`THIRD DEFENSE
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`Opposer is not the owner of trademark rights in the mark THE HIGH ROAD.
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`FOURTH DEFENSE
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`Opposer’s claims are barred by the doctrine of unclean hands.
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`FIFTH DEFENSE
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`As its next defense, Applicant responds as follows to the paragraphs of Opposer’s
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`Consolidated Notice of Opposition:
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`Applicant denies Opposer will be damaged by the registrations of U.S. Trademark
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`Application Serial No. 77/628,267, and denies any remaining allegations in the
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`introductory paragraph of Opposer’s opposition.
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`Admitted.
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`Denied.
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`Denied.
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`Denied.
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`Denied.
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`Denied.
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` Applicant admits that Opposer has obtained a copyright registration, denies the
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`validity of such registration, and denies any remaining allegations of this paragraph.
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`Denied.
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`Denied.
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`Applicant admits contributions from forum participants and volunteer staff were
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`used to purchase networking hardware and denies any remaining allegations of this
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`paragraph.
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`Denied.
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`Denied.
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`Denied.
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`Admitted.
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`Applicant admits that Opposer discussed with staff of The High Road the
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`possibility of generating revenue through the forum, denies that Opposer had any right to
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`accept such possibility and denies and remaining allegations of this paragraph.
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`Denied.
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`Denied.
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`Admitted.
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`WHEREFORE, Applicant denies that Opposer is entitled to any relief sought in
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`the opposition or any other relief whatsoever, and denies any allegations that are not
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`specifically admitted in this Answer and Defenses. Applicant respectfully requests that
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`the mark be registered.
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`Respectfully submitted this the 18th day of September 2009.
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`FLYNN PEELER & PHILLIPS, LLC
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`s/Charles E. Peeler
`CHARLES E. PEELER
`Georgia State Bar No. 570399
`517 West Broad Avenue
`Post Office Box 7 (31702)
`Albany, GA 31701
`229-446-4886
`229-446-4884 (fax)
`cpeeler@fpplaw.com
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing ANSWER AND
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`DEFENSES was served on Opposer by email and mailing a true copy thereof to its
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`attorney of record, by Express Mail Post Office, postage prepaid, addressed as follows:
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`Mr. Glenn D. Bellamy
`Greenebaum Doll & McDonald PLLC
`2900 Chemed Center
`255 East Fifth Street
`Cincinnati, Ohio 45202
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`This the 18th day of September 2009.
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`FLYNN PEELER & PHILLIPS, LLC
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`s/Charles E. Peeler
`CHARLES E. PEELER
`Georgia State Bar No. 570399
`517 West Broad Avenue
`Post Office Box 7 (31702)
`Albany, GA 31701
`229-446-4886
`229-446-4884 (fax)
`cpeeler@fpplaw.com
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