`ESTTA541027
`ESTTA Tracking number:
`05/31/2013
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91195620
`Defendant
`Evade, LLC
`JOHN L WELCH
`LANDO & ANASTASI LLP
`ONE MAIN STREET, 11TH FLOOR
`BOSTON, MA 02142
`UNITED STATES
`JWelch@LALaw.com
`Motion to Extend
`John L. Welch
`jlwtrademarks@lalaw.com,Gkrugman@sughrue.com
`/johnlwelch/
`05/31/2013
`91195620 Motion for Extension.pdf(81075 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
`Signature
`Date
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Under Armour, Inc., (cid:9)
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`Opposer/Petitioner, (cid:9)
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`V. (cid:9)
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`Evade, LLC. (cid:9)
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`Applicant/Respondent. (cid:9)
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`Opposition No. 91195620 (Parent)
`Cancellation No. 92042716
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`APPLICANT’S CONSENTED-TO MOTION
`TO EXTEND ALL SCHEDULED DATES
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`Applicant/Respondent Evade, LLC, by its counsel, hereby moves for an order
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`postponing all scheduled dates in this consolidated proceeding by seventeen (17) days,
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`including the close of discovery relating to Opposer’s UNDER ARMOUR mark.
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`The ground for this request is as follows. The Board issued an order today (Paper
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`No. 47), denying Opposer/Petitioner Under Armour’s motion to amend its amended
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`petition to cancel, and re-setting the current discovery and trial periods. Accordingly, the
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`time for Evade’s discovery regarding Opposer’s UNDER ARMOUR mark (the only
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`discovery still open) is set to close on June 15th
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`However, the undersigned counsel for Evade will be on vacation in Paris, France
`from June 2 through June 12, returning to the office on June 13th Furthermore, the
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`undersigned is scheduled to attend a settlement conference before the federal district
`court in Richmond, Virginia on June 24th in a patent infringement action entitled
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`Swimways Corp. et al. v. Aqua-Leisure Industries, Inc., Civil Action No. 3:1 2cv205 (E.D.
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`VA). Therefore the requested extension of time is needed to allow Evade adequate time
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`to prepare and serve any remaining discovery regarding the OFFSHORE ARMOUR
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`mark.
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`If the motion is granted, the period for limited discovery will close on July 1,
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`2013, and the remaining dates will be re-set as follows:
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`Plaintiff’s Pretrial Disclosures Due
`Plaintiff’s 30-day Trial Period Ends
`Defendant’s Pretrial Disclosures Due
`Defendant’s 30-day Trial Period Ends
`Plaintiff’s Rebuttal Disclosures Due
`Plaintiffs 15-day Rebuttal Period Ends
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`7/25/2013
`9/8/2013
`9/23/2013
`11/7/2013
`11/22/2013
`12/22/2013
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`Opposer Under Armour, through its counsel, Gary D. Krugman, has consented to
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`the granting of this motion in an email exchange with the undersigned this afternoon.
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`Respectfully submitted,
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`Evade, LLC
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`04 ~~66~
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` h
`John
`LandAnastasi, LLP
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`’Vain (cid:9) Street, 11thi Floor
`One
`Boston, MA 02142
`617-395-7000
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`2
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`CERTIFICATE OF SERVICE
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`I hereby certify that the foregoing document was served upon Opposer this 31St
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`day of May 2013, by mailing a copy thereof via email and via first-class mail, postage
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`pre-paid, to W. Leigh Ann Lindquist, Esq., Sughrue Mion, PLLC, 2100 Pennsylvania
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`Avenue, Washington, DC 20037-3213.
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`QzKt’. 4 VWL
`Cohn L. Welch
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