Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA382149
`ESTTA Tracking number:
`12/06/2010
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91194728
`Plaintiff
`Apple Inc.
`Joseph Petersen
`Kilpatrick Stockton LLP
`31 West 52nd Street, 14th Floor
`New York, NY 10019
`UNITED STATES
`JPetersen@kilpatrickstockton.com, AlJones@kilpatrickstockton.com,
`agarcia@kilstock.com, nytrademarks@kilstock.com,
`Motion to Suspend for Settlement Discussions
`Alicia Grahn Jones
`JPetersen@kilpatrickstockton.com, AlJones@kilpatrickstockton.com,
`agarcia@kilstock.com, nytrademarks@kilstock.com
`/Alicia Grahn Jones /
`12/06/2010
`2010-12-6 [Apple v. Tesco] Motion to Suspend [Opp. No. 91194728].pdf ( 3
`pages )(38636 bytes )
`
`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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`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 77/079,913
`For the mark: FRESH & EASY and Design
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`: Opposition No. 91194728
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`Filed: January 10, 2007
`Published: November 3, 2009
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`---------------------------------------------------------X
`APPLE INC.,
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`Opposer,
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` v.
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`TESCO STORES LTD.,
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`Applicant.
`---------------------------------------------------------X
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`CONSENT MOTION TO SUSPEND
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`Opposer, Apple Inc., moves the Board under 37 C.F.R. §2.117(c) and T.B.M.P.
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`§510.03(a) to suspend this proceeding for an additional 90 days pending settlement discussions
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`between the parties. Since the filing of Opposer’s notice of opposition, the parties have been
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`engaged in ongoing settlement negotiations. In light of the parties’ continuing settlement
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`discussions, Opposer respectfully requests that the Board grant its motion to suspend the
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`proceeding for an additional 90 days.
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`On December 6, 2010, counsel for Applicant, Frank Benjamin, consented to this motion
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`by email.
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`US2000 11955780.1
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`Respectfully submitted,
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`KILPATRICK STOCKTON LLP
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`By: /Alicia Grahn Jones/
`
`Joseph Petersen
`31 West 52nd Street, 14th Floor
`New York, New York 10019
`Telephone: (212) 775-8700
`Facsimile: (212) 775-8800
`
`Alicia Grahn Jones
`1100 Peachtree Street
`Suite 2800
`Atlanta, Georgia 30309
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
`
`Attorneys for Opposer Apple Inc.
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`Dated: December 6, 2010
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`US2000 11955780.1
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`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the Matter of Application Serial No. 77/079,913
`For the mark: FRESH & EASY and Design
`
`
`
`
`:
`
`:
`
`:
`
`:
`: Opposition No. 91194728
`:
`
`
`
`
`
`
`
`::
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`:
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`Filed: January 10, 2007
`Published: November 3, 2009
`
`---------------------------------------------------------X
`APPLE INC.,
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`
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`
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`Opposer,
`
`
` v.
`
`
`
`TESCO STORES LTD.,
`
`
`
`
`Applicant.
`---------------------------------------------------------X
`
`
`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing CONSENT MOTION TO SUSPEND has
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`
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`been served on Applicant by depositing said copy with the United States Postal Service as First
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`Class Mail, postage prepaid, in an envelope addressed to:
`
`FRANK S. BENJAMIN
`MCKENNA LONG & ALDRIDGE LLP
`303 PEACHTREE ST STE 5300
`ATLANTA, GA 30308-3265
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`This the 6th day of December, 2010.
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`_____/Alicia Grahn Jones_ _
`
`Alicia Grahn Jones
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`
`
`US2000 11955780.1

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