`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: October 19, 2011
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`Opposition No. 91194728
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`Apple Inc.
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`v.
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`Tesco Stores Ltd.
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`
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`George C. Pologeorgis,
`Interlocutory Attorney:
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`On October 18, 2011, opposer filed a consented motion to
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`continue suspension of this proceeding for ninety days for
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`settlement. In support of its motion, opposer maintains that
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`the parties have reached an agreement that would resolve this
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`matter. Opposer further maintains that, pursuant to the
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`parties’ agreement, applicant will be filing a request to
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`amend the involved application for the Board’s consideration
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`and that the suspension time requested to afford applicant
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`time in which to file its motion to amend.
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`The Board finds the ninety day suspension request
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`excessive. Opposer’s motion indicates that applicant will be
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`filing its motion to amend its application within ten days.
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`Accordingly, there is no need to suspend this proceeding for
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`ninety days to allow applicant time to file its motion to
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`amend.
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`
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`Opposition No. 91194728
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`In view thereof, opposer’s consented motion to suspend
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`for settlement is granted to the extent that proceedings
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`herein are suspended up to, and including, November 17, 2011,
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`subject to the right of either party to request resumption at
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`any time. See Trademark Rule 2.117(c).
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`If the parties agree to another extension or
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`suspension, they will be expected to report to the Board on
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`the progress of discovery, or of any ongoing settlement
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`negotiations. Such report must include: a recitation of
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`discovery taken to date, a statement of issues that have
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`been resolved and issues that remain to be resolved, and a
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`firm timetable for resolution. Absent such a report, any
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`future motion to extend or suspend may not be approved, even
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`though agreed to by the parties.
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`In the event that there is no word from either party
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`concerning the progress of their negotiations, upon
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`conclusion of the suspension period, proceedings shall
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`resume without further notice or order from the Board, upon
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`the schedule set out below.
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`Proceedings resume:
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`November 18, 2011
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`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial
`Disclosures
`Plaintiff's 30-day Trial Period
`Ends
`Defendant's Pretrial
`Disclosures
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`12/18/2011
`4/16/2012
`5/16/2012
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`6/30/2012
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`8/14/2012
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`8/29/2012
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`2
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`
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`Opposition No. 91194728
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`Defendant's 30-day Trial Period
`Ends
`Plaintiff's Rebuttal
`Disclosures
`Plaintiff's 15-day Rebuttal
`Period Ends
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`10/13/2012
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`10/28/2012
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`11/27/2012
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`In each instance, a copy of the transcript of testimony
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`together with copies of documentary exhibits, must be served
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`on the adverse party within thirty days after completion of
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`the taking of testimony. Trademark Rule 2.l25.
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`Briefs shall be filed in accordance with Trademark Rule
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`2.128(a) and (b). An oral hearing will be set only upon
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`request filed as provided by Trademark Rule 2.l29.
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`If, during the suspension period, either of the parties
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`or their attorneys should have a change of address, the
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`Board should be so informed.
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`3
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