`ESTTA373714
`ESTTA Tracking number:
`10/18/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91193338
`Defendant
`Citrus Drink Ventures, Inc.
`JENNIE SUE MALLOY
`MALLOY & MALLOY, P.A.
`2800 SW 3RD AVE
`MIAMI, FL 33129-2317
`UNITED STATES
`jsm@malloylaw.com, litigation@malloylaw.com
`Answer
`Meredith Frank Mendez
`mmendez@malloylaw.com, litigation@malloylaw.com, jsm@malloylaw.com
`/Meredith Frank Mendez/
`10/18/2010
`Answer and Affirmative Defenses.pdf ( 4 pages )(76760 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
` )
`BAYER HEALTHCARE LLC,
`)
`
`
`
`
`
`
`
`)
`
`
`
`
`
`
`
`)
`
` Opposer,
`)
`
`
`
`
`
`
`
`) Opposition No. 91,193,338
`
`
`
`
`
`vs.
`)
`
`
`)
`CITRUS DRINK VENTURES, INC.,
`)
`
`
`
`
`
`
`
`)
`
`
`
`
` Applicant.
` )
`___________________________________)
`
`ANSWER
`
`
`
`
`
`COMES NOW the Applicant, CITRUS DRINK VENTURES, INC.,
`(☜Applicant☝), and files its Answer and Affirmative Defenses to the
`Notice of Opposition of BAYER HEALTHCARE LLC (☜Opposer☝) as
`follows:
`
`1.
`
`Applicant admits the allegations contained in paragraph 1
`
`of the Notice of Opposition.
`
`2.
`
`Applicant admits the allegations contained in paragraph 2
`
`of the Notice of Opposition.
`
`3.
`
`Applicant admits that according to the Trademark
`
`Applications and Registrations Retrieval (TARR) database, Opposer
`
`is the owner of Registration No. 1,536,042 for the mark ALEVE
`registered on April 25, 1989 for ☜anti-inflammatory, analgesic, and
`antipyretic pharmaceutical preparations☝ in Class 5 and
`Registration No. 3,287,780 for the mark ALEVE registered on
`☜pharmaceutical
`September
`4,
`2007
`for
`antitussive-cold
`preparations; preparations for treating colds☝ in Class 5.
`
`1
`
`
`
`
`
`Applicant is without knowledge as to the remaining allegations
`
`contained in Paragraph 3 of the Notice of Opposition and therefore,
`
`denies same.
`
`4.
`
`Applicant is without knowledge as to the allegations
`
`contained in Paragraph 4 of the Notice of Opposition and therefore,
`
`denies same.
`
`5.
`
`Applicant is without knowledge as to the allegations
`
`contained in Paragraph 5 of the Notice of Opposition and therefore,
`
`denies same.
`
`6.
`
`Applicant is without knowledge as to the allegations
`
`contained in Paragraph 6 of the Notice of Opposition and therefore,
`
`denies same.
`
`7.
`
`Applicant denies the allegations contained in paragraph 7
`
`of the Notice of Opposition.
`
`8.
`
`Applicant denies the allegations contained in paragraph 8
`
`of the Notice of Opposition.
`
`9.
`
`Applicant denies the allegations contained in paragraph 9
`
`of the Notice of Opposition.
`
`10. Applicant denies the allegations contained in paragraph
`
`10 of the Notice of Opposition.
`
`11. Applicant denies the allegations contained in paragraph
`
`11 of the Notice of Opposition.
`
`12. Applicant denies the allegations contained in paragraph
`
`12 of the Notice of Opposition.
`
`2
`
`
`
`
`
`
`
`
`
`AFFIRMATIVE DEFENSES
`
`
`
`1.
`
`The Notice of Opposition fails to state a claim upon
`
`which relief can be granted.
`
`
`2.
`There is no likelihood of confusion between the
`Applicant☂s applied for marks and any marks upon which Opposer can
`rely.
`
`
`
`3.
`
`Upon information and belief, the Opposer has not
`
`established that it has standing to maintain this claim against
`
`Applicant.
`
`
`
`
`
`WHEREFORE, Applicant prays that the Notice of Opposition be
`
`dismissed with prejudice.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Dated: October 18, 2010 By:/Meredith Frank Mendez/
`
`
`
`
`
` Jennie Sue Malloy
` Florida Bar No. 655,740
` jsm@malloylaw.com
` Meredith Frank Mendez
` Florida Bar No. 502,235
` mmendez@malloylaw.com
` MALLOY & MALLOY, P.A.
` 2800 S.W. 3rd Avenue
`
`
`
` Miami, Florida 33129
`
`
` Telephone: (305) 858-8000
` Facsimile: (305) 858-0008
` Attorney for Applicant
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`I HEREBY CERTIFY that a true and correct copy of the foregoing
`
`document was served by United States Mail, postage pre-paid this
`
`18th day of October, 2010, upon:
`
`Beth M. Goldman
`Chelseaa E.L. Bush
`ORRICK HERRINGTON & SUTCLIFFE LLP
`405 Howard Street
`San Francisco, California 94101
`
`
`
`
`
`
`By:/Meredith Frank Mendez/
` Meredith Frank Mendez
`
`
`
`
`
`
`
`
`CERTIFICATE OF FILING
`
`I HEREBY CERTIFY that the foregoing document was filed
`
`electronically via the ESTTA, at the United States Patent and
`
`Trademark Office, Trademark Trial and Appeal Board, web site,
`
`www.uspto.gov, this 18th day of October, 2010.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:/Meredith Frank Mendez/
` Meredith Frank Mendez
`
`
`
`4
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
