Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA1246
`ESTTA Tracking number:
`06/11/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91199193
`Plaintiff
`Citrix Online LLC
`SARA Y BECCIA
`BURNS & LEVINSON LLP
`125 SUMMER STREET
`BOSTON, MA 02110
`UNITED STATES
`trademarks@burnslev.com
`Motion to Strike
`Sara Beccia
`sbeccia@burnslev.com, trademarks@burnslev.com
`/Sara Beccia/
`06/11/2013
`Motion to Strike re ADR Answer to Cancellation Petition.pdf(155056 bytes )
`Exhibit A to Citrix Motion To Strike.pdf(381715 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`CITRIX ONLINE LLC,
`
`
`
`
`v.
`
`Opposer,
`
`
`
`ALEJANDRO E. DEL REAL,
`
`
`
`Consolidated Opposition No. 91199193
`(parent file)
`
`
`
`
`
`Opposition No. 91204641
`
`
`
`
`Cancellation No. 92054768
`
`
`
`
`Applicant.
`
`
`
`
`
`
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`ALEJANDRO E. DEL REAL,
`
`
`
`CITRIX ONLINE LLC,
`
`
`v.
`
`Opposer,
`
`
`
`Applicant.
`
`
`
`
`
`
`
`CITRIX ONLINE LLC,
`
`
`
`ADCUENT, INC.,
`
`
`v.
`
`Petitioner,
`
`
`
`Respondent.
`
`
`
`
`
`
`
`
`EKVTKZ"QPNKPG"NNEÓU"OQVKQP"VQ"UVTKMG
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`Ekvtkz"Qpnkpg"NNE"*ÐEkvtkzÑ+"vjtqwij"its attorneys, hereby moves the Board to strike
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`pursuant to Fed. R. Civ. P. 12(f), paragraphs within Alejandro E. Del Real, GoToYourSite.com
`
`LLC, and/or GoToYourSite/MD Corporation *eqnngevkxgn{"ÐFgn"TgcnÑ+ Answers to Cancellation
`
`No. 92054768, filed April 10, 2013 with the Board *Ðvjg"CpuygtÑ+"on the grounds that the
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`paragraphs are immaterial, impertinent, highly prejudicial and/or redundant. Attached as
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`Exhibit A is an annotated copy of the Answer showing the portions that Citrix seeks to strike in
`
`

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`red strikethrough font (portions previously stricken by the Board are shown in black
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`strikethrough font).
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`I.
`
`BACKGROUND
`
`This consolidated proceeding includes an opposition d{"Ekvtkz"cickpuv"Ot0"Fgn"TgcnÓu"
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`crrnkecvkqp"hqt"vjg"octm"IQVQ[QWTUKVG="cp"qrrqukvkqp"d{"Ot0"Fgn"Tgcn"cickpuv"EkvtkzÓu"
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`application for GOTOMYPERSONALCLOUD; and a petition by Citrix to cancel fourteen
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`registrations owned by Adcuent, Inc. (of whom Mr. Del Real is owner/principal). Mr. Del Real
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`has repeatedly included immaterial, impertinent, and redundant information and statements in
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`previous pleadings submitting in connection with this Proceeding. The Board has previously
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`stricken these types of stateogpvu"cpf"ocvgtkcnu"htqo"Ot0"Fgn"TgcnÓu"hknkpiu0""See Board Order
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`dcvgf"Lwpg"44."42340""Pgxgtvjgnguu."Ot0"Fgn"TgcnÓu"Cpuygt"filed April 10, 2013 contains
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`impermissible and objectionable statements and information substantially similar to the matter
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`previously stricken by the Board.
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`Kp"kvu"Qtfgt"fcvgf"Oc{"4;."4235."vjg"Dqctf"uvtwem"Ot0"Fgn"TgcnÓu"37th, 22nd and 23rd
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`affirmative defenses in the Answer. Citrix now moves to strike the following portions of the
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`Answer (see also Exhibit B):
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`‚ The second sentence of Paragraph 24;
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`‚ The second sentence in Paragraph 43;
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`‚ Everything in subsection (b) of the Twelfth Affirmative Defense;
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`‚ All of the Sixteenth Affirmative Defense except for the first sentence, subsection (h) and
`the first sentence of subsection (o);
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`‚ All but the first sentence of the Seventeenth Affirmative Defense;
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`‚ The Twenty First Affirmative Defense;
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`‚ The declaration following the Certificate of Service.
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`
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`2
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`

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`C"uwooct{"qh"vjg"qdlgevkqpcdng"eqpvgpv"kpenwfgf"kp"Ot0"Fgn"TgcnÓu"Cpuygt"ku"set out
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`below:
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`Irrelevant Allegations Regarding the Conduct of Citrix or its Counsel
`
`Mr. Del Real repeatedly references, in his Answer irrelevant allegations that Citrix and/or
`
`kvu"eqwpugnÓu"ghhqtvu"vq"gphqteg"EkvtkzÓu"tkijvu"dghqtg"vjg"Dqctf"ctg"ÐjctcuukpiÑ"cpf"Ðcdwukxg0Ñ""
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`See Paragraphs 24 and 42 of the Answer and Affirmative Defense Numbers 16 and 17. In
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`addition, in paragraph 24 and 43 of his Answer, Mr. Del Real makes immaterial and impertinent
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`uvcvgogpvu"tgictfkpi"EkvtkzÓu"alleged kpvgpv"cpf"uvtcvgi{"kp"Ðvt{kpi"vq"korqugÑ"kvu"tkijvu"qp"vjg"
`
`octmgvrnceg"cpf"Ot0"Fgn"Tgcn0""Kp"chhktocvkxg"fghgpugu"38"cpf"39."cpf"kp"Ot0"Fgn"TgcnÓu"
`
`ÐfgenctcvkqpÑ"chvgt"jku"egtvkhkecvg"qh"ugtxkeg."Ot0"Fgn"Tgcn"ocmgu"xctkqwu"cnngicvkqpu"vjcv"
`
`gorjcuk¦g"vjg"yqtfu"ÐyctÑ"ÐtgoqxgÑ"cpf"Ðvgttkvqt{0Ñ
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`
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`Allegations Regarding Trademarks and Other Alleged Intellectual Property That are Not
`Subjects of this Proceeding
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`Ot0"Fgn"TgcnÓu"Cpuygt"cnuq"ocmgu"tghgtgpeg"vq"xctkqwu"ocvvgtu"vjcv"ctg"kttgngxcpv"vq"vjg"
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`registrability of the marks at issue in this Proceedings. In particular, in Affirmative Defense
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`Numbers 20 and 21, Mr. Del Real references various marks owned by Citrix or Citrix Systems,
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`Inc., including Citrix, ShareFile, Podio, HiDefCorporate, that are not unrelated to any of the
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`marks at issue in these proceedings. Furthermore, Mr. Del Real makes allegations regarding his
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`cnngigf"kpxgpvkqp"qh"vjg"ÐRgtuqpcn"EnqwfÑ"cpf"makes allegations of patent infringement in
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`Affirmative Defense 16. For the reasons summarized below, Citrix contends that none of these
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`matters or allegations, even if true, bear on the proceedings at hand and keeping them in the
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`pleadings only serves to confuse the issues and/or is prejudicial to Citrix.
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`
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`3
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`

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`Inadmissible and Inappropriate Allegations Regarding Settlement Negotiations
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`Mr. Del Real also repeatedly and inaccurately characterizes conduct and statements of
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`Citrix and/or its counsel that were made in the context of settlement negotiations. Specifically,
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`in Affirmative Defense 16 and 17 gives a detailed account of Mr. Del RecnÓu"xgtukqp"qh"
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`settlement discussion with Citrix and/or its counseling, including specific settlement offers made
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`by Citrix to Mr. Del Real.
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`II.
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`RQTVKQPU"QH"FGN"TGCNÓU"CPUYGT"UJQWNF"DG"UVTKMGP
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`Fed. R. Civ. P. 12(f) permits a court, upon its own motion or the motion of a party, to
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`Ðuvtkmg"htqo"c"rngcfkpi"cp"kpuwhhkekgpv"fghgpug"qt"cp{"tgfwpfcpv."koocvgtkcn."korgtvkpgpv."qt"
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`uecpfcnqwu"ocvvgt0Ñ""Hgf0"T0"Ekx0"R0"34*h+0""Jgtg."vjg"Cpuygt"eqpvckpu"kphqtocvkqp"cpf"
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`statements that are immaterial, impertinent and/or redundant and should be stricken. In fact,
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`many of the statements in the Answer are substantially similar to material that has previously
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`been stricken by the Board in prior filings by Mr. Del Real.1
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`While Citrix vehemently denies the aforementioned allegations set forth by Mr. Del real
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`in his Answer, Applicant notes that even if said allegations were true, they are irrelevant to this
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`proceeding and jurisdiction of this Board. In particular, allegations of unfair competition and
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`other alleged conduct taken by Citrix or its counsel are well outside the realm of vjg"DqctfÓu"
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`limited jurisdiction to assess questions of registrability. See The Coca Cola Company v. The
`
`Seven-Up Company."6;9"H04f"3573*E0E0R0C"3;96+"*ÐVjgtg"ku"pq"uvcvwvqt{"dcuku"hqt"cnngicvkons
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`of product disparagement or unfair competition as bases for refusal of registration). Furthermore,
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`any allegations relating to trademarks owned by Citrix that are not the subject of this
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`consolidated Proceeding are irrelevant and immaterial, as are allegations relating to Mr. Del
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`TgcnÓu"cnngigf"kpxgpvkqp"qh"vjg"Ðrgtuqpcn"enqwfÑ"cpf"jku"alleged patent rights. See Board Order
`
`1
`See Board Order dated June 22, 2012.
`
`
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`4
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`

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`dated June 22, 2012 (citing Knickerbocker Toy Co. v. Faultless Starch Co., 467 F.2d 501 (CCPA
`
`3;94+*ÐOt0"Fgn"TgcnÓu"ngicn"vjgqtkgu"qh"qvjgt"ecugu."cp"cnngicvkqpu"eqpegtpkpi"cevkqpu"vcmgp"d{"
`
`EkvtkzÈctg"koocvgtkcn"vq"vjg"rngcfkpiÑ+0
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`Finally, Ekvtkz"cpf"kvu"eqwpugn"fkurwvg"Ot0"Fgn"TgcnÓu"ugngevkxg"tgeqnngevkqp"qh"eqpfwev"
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`and statements made during any meeting between the parties and discussions thereafter. But,
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`more importantly, such matter is inappropriate for Mr. Del Real to include in Board submissions
`
`because all the statements Mr. Del Real attempts to summarize come from discourse occurring
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`during settlement negotiations.. Evidence concerning efforts to settle or compromise is generally
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`inadmissible under Fed. R. Evid. 4082. These statements by Mr. Del Real are inadmissible and
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`irrelevant to this proceedings and should be stricken. Gxgp"kh"uqogjqy"Ot0"Fgn"TgcnÓs
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`assertions about statements purportedly made during confidential settlement discussions could
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`somehow be appropriately placed in his pleadings, his selective insertion of single words, all
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`taken out of context, is highly prejudicial and blatantly unfair to Citrix. Citrix respectfully
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`requests that the Board order Mr. Del Real to heed procedural rules relating to the use of content
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`from settlement negotiations and concerning the proper introduction of evidence so that Citrix
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`nggf"pqv"dg"dwtfgpgf"d{"vjg"qpiqkpi"vjtgcv"qh"rtglwfkeg"vq"vjgug"rtqeggfkpiu"d{"Ot0"Fgn"TgcnÓu"
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`fallacious, unfounded and prejudicial statements about its conduct or the conduct of its counsel.
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`III. CONCLUSION
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`Because Del Real has impermissibly set forth immaterial, impertinent, redundant and/or
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`non-sensical matter in the Answer as set forth above, including material that has been previously
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`uvtkemgp"d{"vjg"Dqctf."Ekvtkz"tgurgevhwnn{"tgswguvu"vjg"Dqctf"vq"uvtkmg"vjg""rqtvkqpu"qh"Fgn"TgcnÓu"
`
`Answer identified herein and in Exhibit B, as provided for by Fed. R. Civ. P. 12(f).
`
`
`2 The Federal Rules of Evidence are made applicable to this proceeding by and 37 CFR §2.122(a) and TBPM
`§101.02.
`
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`
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`5
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`

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`Dated: June 11, 2013
`
`
`
`
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`
`
`Respectfully submitted,
`
`
`
`CITRIX ONLINE LLC
`
`/s/ Sara Beccia
`By:
`Deborah J. Peckham
`Sara Beccia
`Burns & Levinson LLP
`125 Summer Street
`Boston, MA 02110
`T: (617) 345-3000
`F: (617) 345-3299
`trademarks@burnslev.com
`
`
`Certificate of Service
`
`The undersigned hereby certifies that a true copy of the foregoing was served upon Alejandro
`Del Real on June 11, 2013 by email to <ADelReal@GoToYourSite.com> pursuant to an
`agreement between the parties regarding email service.
`
`
`
`
`
`/s/ Sara Beccia
`Sara Y. Beccia
`
`
`
`6
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`

`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA531619
`
`Filing date:
`
`04/10/2013
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91199193
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Defendant
`Alejandro E. Del Real
`
`ALEJANDRO E DEL REAL
`PO BOX 480494
`DELRAY BEACH, FL 33446-9538
`UNITED STATES
`ADelReal@GoToYourSite.com
`
`Other Motions/Papers
`
`Alejandro E. Del Real
`
`ADelReal@GoToYourSite.com
`
`/Alejandro E. Del Real/
`
`04/10/2013
`
`Attachments
`
`GTYSvCTXS_AnswerToCancellation-92054768.pdf ( 14 pages )(301519 bytes )
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 1
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`___________________________
`) Consolidated Opposition No. 91199193 (Parent File)
`CITRIX ONLINE LLC,
`
`Opposer,
`
`
`
`)
` Serial No. 85/029,036 (GOTOYOURSITE)
`v.
`
`
`
`
`)
`ALEJANDRO E. DEL REAL,
`)
`Applicant.
`
`
`
`)
`___________________________
`) Cancellation No. 92054768
`CITRIX ONLINE LLC,
`
`Petitioner,
`
`
`
`) Registration Nos: 3523791, 3520471, 3505161,
`v.
`
`
`
`
`) 3611297, 3611298, 3611296, 3611325, 3611299,
`GOTOYOURSITE.COM, LLC,
`) 3611301, 3611327, 3608381, 3684966, 3520499,
`ALEJANDRO E. DEL REAL
`) 3520480
`Respondent.
`
`
`)
`___________________________
`) Opposition No. 91204641
`ALEJANDRO E. DEL REAL,
`Opposer,
`
`
`
`) 85430869 (GOTOMYPERSONALCLOUD)
`v.
`
`
`
`
`)
`CITRIX ONLINE LLC,
`
`)
`)
`Applicant.
`
`
`
`
`
`$OHMDQGUR ( 'HO 5HDO *R7R<RXU6LWHFRP //&
`DQGRU *R7R<RXU6LWH0' &RUSRUDWLRQ
`
`
`
`ANSWERS TO CANCELLATION NO: 92054768
`
`FROM
`CITRIX ONLINE LLC
`
`Alejandro E. Del Real, GoToYourSite.com LLC and/or GoToYourSite/MD Corporation
`
`(“GTYS-DELREAL”), will answer instead of Adcuent Inc, as such company has no control and
`
`no ownership of the Registered Marks intended to be cancelled, by Citrix Online LLC, in this
`
`Cancellation Proceeding No: 92054768.
`
`ANSWER
`
`
`
`1. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 1 of the Cancellation, and therefore denies the same.
`
`2. GTYS-DELREAL admits the allegation of Paragraph 2, as to Adcuent Inc.
`
`3. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 3 of the Cancellation, and therefore denies the same. Furthermore,
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 2
`
`GTYS-DELREAL can assert and admit that Citrix Online LLC and/or Citrix Systems Inc do
`
`not own the terms, marks and/or words “GOTO”, “GoTo”, “GO TO”, and/or “Go To”.
`
`4. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 4 of the Cancellation, and therefore denies the same.
`
`5. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 5 of the Cancellation, and therefore denies the same.
`
`6. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 6 of the Cancellation, and therefore denies the same.
`
`7. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 7 of the Cancellation, and therefore denies the same.
`
`8. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 8 of the Cancellation, and therefore denies the same.
`
`9. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 9 of the Cancellation, and therefore denies the same.
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`10. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 10 of the Cancellation, and therefore denies the same.
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`11. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 11 of the Cancellation, and therefore denies the same.
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`12. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 12 of the Cancellation, and therefore denies the same.
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`13. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 13 of the Cancellation, and therefore denies the same.
`
`14. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 14 of the Cancellation, and therefore denies the same.
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`15. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 15 of the Cancellation, and therefore denies the same.
`
`16. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 16 of the Cancellation, and therefore denies the same.
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`17. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 17 of the Cancellation, and therefore denies the same.
`
`18. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
`
`allegation of Paragraph 18 of the Cancellation, and therefore denies the same.
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`19. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 19 of the Cancellation, and therefore denies the same.
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 3
`
`20. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 20 of the Cancellation, and therefore denies the same.
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`21. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 21 of the Cancellation, and therefore denies the same.
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`22. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 22 of the Cancellation, and therefore denies the same.
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`23. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 23 of the Cancellation, and therefore denies the same. Furthermore,
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`GTYS-DELREAL can assert and admit that Citrix Online LLC and/or Citrix Systems Inc do
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`not own the terms, marks and/or words “GOTO”, “GoTo”, “GO TO”, and/or “Go To”.
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`Therefore, GTYS-DELREAL here protests to the USPTO/TTAB for every instance that
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`Citrix Online LLC and/or Citrix Systems Inc refer as its marks as the “Citrix GOTO Marks”,
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`“Citrix GoTo Marks”, “GOTO Marks”, “GoTo Marks”, “Citrix GOTO Products”, “Citrix
`
`GoTo Products”, “GOTO Products”, “GoTo Products”, “Citrix GOTO Services”, “Citrix
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`GoTo Services”, “GOTO Services”, “GoTo Services”, and/or for the use of “GOTO” alone
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`and/or “GoTo” alone.
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`24. GTYS-DELREAL has sufficient knowledge to state as FALSE the allegation of
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`Paragraph 24 of the Cancellation, and therefore denies the same. Furthermore, GTYS-
`
`DELREAL states that the phrase “Citrix believes” in Paragraph 24, really means “Citrix is
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`trying to impose”, as such is the real meaning from Citrix’s intent. Furthermore, GTYS-
`
`DELREAL denies that “the public associates not only the individual Citrix GOTO Marks,
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`but also the common “GOTO” characteristic of the family, with Citrix”. Furthermore,
`
`GTYS-DELREAL can assert and admit that Citrix Online LLC and/or Citrix Systems Inc do
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`not own the terms, marks or words “GOTO”, “GoTo”, “GO TO” and/or “Go To”. Therefore,
`
`GTYS-DELREAL here protests to the USPTO/TTAB for every instance that Citrix Online
`
`LLC and/or Citrix Systems Inc refers as its marks as the “Citrix GOTO Marks”, “Citrix
`
`GoTo Marks”, “GOTO Marks”, “GoTo Marks”, “Citrix GOTO Products”, “Citrix GoTo
`
`Products”, “GOTO Products”, “GoTo Products”, “Citrix GOTO Services”, “Citrix GoTo
`
`Services”, “GOTO Services”, “GoTo Services”, and/or for the use of “GOTO” alone and/or
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`“GoTo” alone.
`
`25. GTYS-DELREAL denies the allegation of Paragraph 25 of the Cancellation.
`
`26. GTYS-DELREAL admits the allegation of Paragraph 26 as to Citrix belief.
`
`27. GTYS-DELREAL denies the allegation of Paragraph 27 of the Cancellation.
`
`28. GTYS-DELREAL denies the allegation of Paragraph 28 of the Cancellation.
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 4
`
`29. GTYS-DELREAL denies the allegation of Paragraph 29 of the Cancellation.
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`30. GTYS-DELREAL denies the allegation of Paragraph 30 of the Cancellation.
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`31. GTYS-DELREAL denies the allegation of Paragraph 31 of the Cancellation.
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`32. GTYS-DELREAL denies the allegation of Paragraph 32 of the Cancellation.
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`33. GTYS-DELREAL denies the allegation of Paragraph 33 of the Cancellation.
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`34. GTYS-DELREAL denies the allegation of Paragraph 34 of the Cancellation.
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`35. GTYS-DELREAL denies the allegation of Paragraph 35 of the Cancellation.
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`36. GTYS-DELREAL denies the allegation of Paragraph 36 of the Cancellation.
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`37. GTYS-DELREAL denies the allegation of Paragraph 37 of the Cancellation.
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`38. GTYS-DELREAL denies the allegation of Paragraph 38 of the Cancellation.
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`39. GTYS-DELREAL denies the allegation of Paragraph 39 of the Cancellation.
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`40. GTYS-DELREAL denies the allegation of Paragraph 40 of the Cancellation.
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`41. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 41 of the Cancellation, and therefore denies the same. Furthermore,
`
`GTYS-DELREAL can assert and admit that Adcuent Inc does not own the terms, marks or
`
`words “GOTO”, “GoTo”, “GO TO” and/or “Go To”. Therefore, GTYS-DELREAL here
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`protests to the USPTO/TTAB for every instance that Citrix Online LLC refers to Adcuent
`
`Inc’s marks as the “Adcuent GOTO Marks”, “Adcuent GoTo Marks”, “Adcuent GOTO
`
`Products”, “Adcuent GoTo Products”, “Adcuent GOTO Services”, and/or “Adcuent GoTo
`
`Services”.
`
`42. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 42 of the Cancellation, and therefore denies the same.
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`43. GTYS-DELREAL lacks sufficient knowledge to form a belief as to the truth of
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`allegation of Paragraph 43 of the Cancellation, and therefore denies the same. GTYS-DELREAL
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`can assert that Citrix has tried to impose in the marketplace, that the term “GOTO” is
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`owned by Citrix, but such strategy has failed.
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`44. GTYS-DELREAL denies the allegation of Paragraph 44 of the Cancellation.
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`45. GTYS-DELREAL denies the allegation of Paragraph 45 of the Cancellation.
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`46. GTYS-DELREAL denies the allegation of Paragraph 46 of the Cancellation.
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`

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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 5
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`AFIRMATIVE DEFENSES
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`1. As a First, separate and distinctive affirmative defense, GTYS-DELREAL asserts that
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`Citrix Online LLC has not been and will not be damaged by any of the marks that it is intending
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`to cancel with this Cancellation Proceeding.
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`2. As a Second, separate and distinctive affirmative defense, GTYS-DELREAL asserts
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`that no likelihood of confusion exists, as to the description and the meaning of the words,
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`between the marks that Citrix Online LLC is intending to cancel in this Cancellation Proceeding,
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`compared to the marks from Citrix Online LLC included as argument on the same proceeding.
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`3. As a Third, separate and distinctive affirmative defense, GTYS-DELREAL asserts that
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`no likelihood of confusion exists, as to the sound and the pronunciation of the words, between
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`the marks that Citrix Online LLC is intending to cancel in this Cancellation Proceeding,
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`compared to the marks from Citrix Online LLC included as argument on the same proceeding.
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`4. As a Forth, separate and distinctive affirmative defense, GTYS-DELREAL asserts that
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`the goods and/or services identified with the marks that Citrix Online LLC is intending to cancel
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`in this Cancellation Proceeding, do not compete with the goods and/or services from Citrix
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`Online LLC included as argument on the same proceeding, as such goods and/or services are
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`unrelated and different.
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`5. As a Fifth, separate and distinctive affirmative defense, GTYS-DELREAL asserts that
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`the entity names: “Alejandro E. Del Real”, “GoToYourSite.com LLC” and/or “GoToYourSite/MD
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`Corporation”, are different from the entity names: “Citrix Online LLC” and/or “Citrix Systems Inc”.
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`6. As a Sixth, separate and distinctive affirmative defense, GTYS-DELREAL asserts that
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`Citrix Online LLC’s rights in its marks are of a narrow or limited scope because the marks are
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`highly descriptive of the goods sold by Citrix Online LLC thereunder.
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`7. As a Seventh, separate and distinctive affirmative defense, GTYS-DELREAL asserts
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`that Citrix Online LLC’s rights in its marks are of a narrow or limited scope because there are
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`numerous third parties using the “GoTo” term in their respective marks and company names
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`(e.g.: GoToMedia LLC, GoTo Design LLC, GoToTrafficSchool.com, etc.).
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`8. As an Eighth, separate and distinctive affirmative defense, GTYS-DELREAL asserts
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`that Citrix Online LLC’s marks have not acquired a secondary meaning.
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`9. As a Ninth, separate and distinctive affirmative defense, GTYS-DELREAL asserts that
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`Citrix Online LLC’s marks have not acquired a secondary meaning as to the term “GOTO”, nor
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`as to the term “GOTO” alone.
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`

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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 6
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`10. As a Tenth, separate and distinctive affirmative defense, GTYS-DELREAL asserts
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`that Citrix Online LLC’s marks are not inherently distinctive.
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`11. As an Eleventh, separate and distinctive affirmative defense, GTYS-DELREAL
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`asserts that its Registered Marks intended to be cancelled by Citrix Online LLC, are distinctive
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`as applied to GTYS-DELREAL’s services.
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`12. As a Twelfth, separate and distinctive affirmative defense, GTYS-DELREAL asserts
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`that Citrix Online LLC’s claims are barred because Citrix Online LLC does not have priority of
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`use of any mark containing “GOTO”. Furthermore and in support of this affirmative defense,
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`GTYS-DELREAL will state and assert that: (a) The mark “GoToMedia” (Reg. No.: 3223092),
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`from third party GoToMedia LLC, has at least almost 8 years of priority over any mark from Citrix
`Online LLC; and (b) After the meeting of April 22nd 2010, GTYS-DELREAL insisted in meeting
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`with Citrix Online LLC and/or Citrix Systems Inc, to discussing an agreed way to register the
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`“GoToYourSite” mark, but the Citrix parties replied that they didn’t wanted to meet again, even
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`though they knew that other marks containing “GoToYourSite” were already registered (see
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`Reg. Nos in the caption of this Cancellation No. 92054768). Simply put, the Citrix parties didn’t
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`care about “GoToYourSite” and/or GoToYourSite.com LLC.
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`13. As a Thirteenth, separate and distinctive affirmative defense, GTYS-DELREAL
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`asserts that Citrix Online LLC’s claims are barred by waiver. Furthermore and in support of this
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`affirmative defense, GTYS-DELREAL will state that: (a) Citrix Online LLC withdrew Opposition
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`No: 91183342, on 2/17/2010, for the mark “GoToYourSite”; (b) See above ¶ 12(b)
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`14. As a Fourteenth, separate and distinctive affirmative defense, GTYS-DELREAL
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`asserts that Citrix Online LLC’s claims are barred, in whole or in part, by the doctrine of unclean
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`hands. Furthermore and in support of this affirmative defense, see above ¶¶ 13(a), 13(b), and
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`below ¶ 16.
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`15. As a Fifteenth, separate and distinctive affirmative defense, GTYS-DELREAL states
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`and asserts that Alejandro E. Del Real, GoToYourSite.com LLC and GoToYourSite/MD
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`Corporation will be damaged if the Registered Marks are cancelled. Furthermore, and in support
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`of this affirmative defense to dismiss Cancellation No. 92054768 and Opposition No.
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`91199193, GTYS-DELREAL states and asserts, as follows:
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`a. GTYS-DELREAL incorporates herein, ¶¶ 14 through 27 of the Affirmative Defense
`filed April 10th 2011 pertaining to Opposition No. 91199193. Furthermore, GTYS-DELREAL
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`here states that ownership (by Adcuent, Inc.) of the marks in this Cancellation proceeding, with a
`filing date on or before June 18th 2008, have been transferred to GoToYourSite.com LLC on
`June 18th 2008. Finally, GTYS-DELREAL here states that ownership (by Adcuent, Inc.) of the
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`

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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 7
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`marks in this Cancellation proceeding, with a filing date after June 18th 2008, have been
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`transferred to GoToYourSite.com LLC on the date specified as the filing date of the mark.
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`Therefore, Adcuent Inc does not own any of the marks intended to be cancelled by Citrix Online
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`LLC in this Cancellation Proceeding.
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`b. GTYS-DELREAL incorporates herein, ¶ 28 of the Affirmative Defense filed April
`10th 2011 pertaining to Opposition No. 91199193.
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`c. GTYS-DELREAL incorporates herein, ¶¶ 29 through 30 of the Affirmative Defense
`filed April 10th 2011 pertaining to Opposition No. 91199193, but here replaces the entity
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`“Adcuent Inc” with “GoToYourSite/MD Corporation”, and the word “Applicant” with “GTYS-
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`DELREAL”.
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`d. GTYS-DELREAL incorporates herein, ¶¶ 31 through 40 of the Affirmative Defense
`filed April 10th 2011 pertaining to Opposition No. 91199193, but here replaces the entity
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`“Adcuent Inc” with “GoToYourSite/MD Corporation”, the word “Opposer” with “Citrix Online LLC”
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`and the word “Applicant” with “GTYS-DELREAL”.
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`16. As a Sixteenth, separate and distinctive affirmative defense, GTYS-DELREAL
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`asserts that since the creation of the name “GoToYourSite”, neither Alejandro E. Del Real nor
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`GoToYourSite.com LLC, nor GoToYourSite/MD Corporation, nor any other company from Del
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`Real, has ever received any inquiry from anyone, pertaining to, as if there is any relation
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`between “GoToYourSite” and Citrix Online LLC and/or any of Citrix Online LLC’s marks. The
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`only company that has contacted Del Real and/or any of his companies, in regards to any issue
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`pertaining to the “GoToYourSite” mark, has been Citrix Online LLC, with its harassing, abusive
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`and contradicting filings with the USPTO/TTAB, as follows:
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`a. The first proceeding filed by Citrix Online LLC was Opposition No. 91183342,
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`opposing to the same “GoToYourSite” mark under Serial # 77206700, which the same Citrix
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`Online LLC withdrew on 02/17/2010, based on the agreement to conduct several discussions
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`with Alejandro E. Del Real and GoToYourSite.com LLC and pertaining to: (1) Del Real and
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`GoToYourSite.com LLC’s technology. (2) A potential “strategic investment/partnership” between
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`GoToYourSite.com, LLC and the Citrix parties (Citrix Online LLC and/or Citrix Systems, Inc.),
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`and (3) An agreed way to register the “GoToYourSite” mark, and avoid another baseless
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`opposition by Citrix Online LLC at the USPTO/TTAB.
`b. During the meeting with the Citrix parties (on April 22nd 2010), Del Real and
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`GoToYourSite.com LLC disclosed their technology (point “1” above in ¶16(a)); among others,
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`Del Real and GoToYourSite.com LLC disclosed their GCMS (Group Cloud Management
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`System) and CMS (Cloud Management System) technology, and the applicability of these to a
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`

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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 8
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`“Personal Cloud” solution for among others, an Educational Institution (e.g.: Indiana University).
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`Del Real and GoToYourSite.com LLC also described their “GTYS Personal Cloud” (a CMS given
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`to a Person), and how a “GTYS Personal Cloud” (CMS) can disconnect from a group (GCMS),
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`and continue operating as “Stand-Alone”; which all this is disclosed in Del Real’s U.S. Pat. No:
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`8.353.012 and additional patents pending (All these claiming priority to Provisional Applications
`No: 61/031,440 [filed Feb 26th 2008] and 61/036,856 [March 14th 2008], and Non Provisional
`Applications No: 12/366,479 [Feb 5th 2009] and 12/395,852 [March 2nd 2009]. Furthermore, the
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`USPTO/TTAB can appreciate that the inventor [Alejandro E. Del Real] has included the word
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`“GoToYourSite” since the initial filing papers pertaining to his patents documents).
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`c. Furthermore, after the disclosure of the technology, Alejandro E. Del Real and
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`GoToYourSite.com LLC, and the Citrix parties (Citrix Online LLC and Citrix Systems Inc) had a
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`brief discussion about options of a “strategic investment/partnership” (point “2” above in ¶16(a)).
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`This was natural as there was no competition between GoToYourSite.com LLC and the Citrix
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`parties. The products/services do not compete in any form or way (see Citrix Online LLC’s marks
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`included in the Opposition No. 91199193 and Cancellation No. 92054768, compared to
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`“GoToYourSite” and the Registered Marks that Citrix Online LLC want to cancel).
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`d. After the meeting concluded (approximately 1 hour), two things remained pending
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`from the initial agreement to end the initial Opposition No. 91183342 and Application Serial No
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`77206700: (1) A more profound discussion about a “strategic investment/partnership”, and (2)
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`discussions about an agreed way for Del Real and/or GoToYourSite.com LLC to register the
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`“GoToYourSite” mark and avoid another opposition by Citrix Online LLC at the USPTO/TTAB.
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`e. After the following weeks to the meeting, Del Real and GoToYourSite.com LLC
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`contacted the Citrix parties, to continue with the pending discussions, but the Citrix parties stated
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`that they were not interested in any type of “strategic investment/partnership” nor in any future
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`meeting to discuss the “GoToYourSite” mark.
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`f. Furthermore, the Citrix parties were aware of all the remaining Registered Marks
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`from Del Real and GoToYourSite.com LLC, containing the term “GoToYourSite”, “GoToYour”,
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`“GoTo” and/or “G” (e.g.: “GTYS” Reg. No. 3608381 included in this Cancellation Proceeding)
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`and the Citrix parties (Citrix Online and Citrix Systems Inc) did not even care. Simply put, the
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`Citrix parties didn’t care about Del Real, “GoToYourSite” or even GoToYourSite.com LLC,
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`because they saw no competition at all.
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`g. After the unsuccessful meeting with the Citrix parties, Del Real decided to apply
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`again for the mark “GoToYourSite” (Serial # 85029036), as he already had several “Registered
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`Marks” with the term “GoToYourSite” (see Cancellation No. 92054768), and Del Real and
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`

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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 9
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