Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA416309
`ESTTA Tracking number:
`06/24/2011
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91194728
`Plaintiff
`Apple Inc.
`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`31 WEST 52ND STREET, 14TH FLOOR
`NEW YORK, NY 10019
`UNITED STATES
`JPetersen@kilpatricktownsend.com, AlJones@kilpatricktownsend.com,
`AScott@kilpatricktownsend.com, agarcia@ktslaw.com,
`NYTrademarks@ktslaw.com
`Motion to Suspend for Settlement Discussions
`Alicia Grahn Jones
`JPetersen@kilpatricktownsend.com, AlJones@kilpatricktownsend.com,
`AScott@ktslaw.com, agarcia@ktslaw.com, NYTrademarks@ktslaw.com,
`tmadmin@ktslaw.com
`/Alicia Grahn Jones/
`06/24/2011
`2011-6-24- Consent Motion to Suspend [Opp. No. 91194728].pdf ( 3 pages
`)(39368 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
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`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial No. 77/079,913
`For the mark: FRESH & EASY and Design
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`Filed: January 10, 2007
`Published: November 3, 2009
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`APPLE INC.,
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`Opposer,
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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 sixty (60) days pending settlement discussions
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`between the parties.
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`Opposer filed this proceeding in May, 2010. (Docket No. 1). Since at least as early as
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`June 2010, the parties have been engaged in settlement discussions. (Docket No. 2). On June
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`13, 2011, Applicant filed a consented motion to extend the suspension of the proceedings for
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`settlement discussions. (Docket No. 18). The Board denied the motion explaining that the
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`parties must “include a showing of good cause that provides detailed information regarding the
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`status of the parties’ settlement negotiations.” (Docket No. 19).
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`The parties renew their request to suspend the proceedings and hereby submit a detailed
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`description of the status of their settlement negotiations as evidence of good cause for the
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`suspension. Specifically, the parties have reached an agreement in principle that should resolve
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`the above-referenced proceeding. Moreover, the parties are in the process of drafting a
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`settlement agreement. Further suspension of the proceedings is necessary to allow the parties to
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`draft and negotiate the settlement agreement. Accordingly, Opposer respectfully requests that
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`the Board grant its motion to suspend the proceeding for an additional sixty (60) days.
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`On June 24, 2011, counsel for Applicant, Frank Benjamin, consented to this motion by
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`email.
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`Dated: June 24, 2011
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`Respectfully submitted,
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`KILPATRICK TOWNSEND &
`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
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`Alicia Grahn Jones
`1100 Peachtree Street
`Suite 2800
`Atlanta, Georgia 30309
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
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`Attorneys for Opposer Apple Inc.
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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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`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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`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:
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`FRANK S. BENJAMIN
`MCKENNA LONG & ALDRIDGE LLP
`303 PEACHTREE ST STE 5300
`ATLANTA, GA 30308-3265
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`This the 24th day of June, 2011.
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`/Alicia Grahn Jones/
`Alicia Grahn Jones

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