`ESTTA543964
`ESTTA Tracking number:
`06/19/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91205184
`Plaintiff
`Johnson & Johnson
`Jaye S. Campbell
`DRINKER BIDDLE & REATH LLP
`1500 K STREET NW
`WASHINGTON, DC 20005
`UNITED STATES
`jaye.campbell@dbr.com, tmlitdocket@dbr.com
`Motion to Consolidate
`Jaye S. Campbell
`jaye.campbell@dbr.com, tmlitdocket@dbr.com
`/Jaye S Campbell/
`06/19/2013
`J&J Dermal Life - Stipulation to Consolidate and Extend Deadlines.pdf(116459
`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
`
`JOHNSON & JOHNSON,
`
`V.
`
`DERMAL LIFE LLC
`
`Opposer,
`
`Applicant.
`
`:
`
`Opposition Nos. 91/205184 (parent)
`91/205350 (child)
`
`STIPULATED MOTION TO CONSOLIDATE PROCEEDINGS
`AND TO EXTEND TRIAL CALENDAR FOR SETTLEMENT DISCUSSIONS
`
`Pursuant to Fed. R. Civ. P. 42(a) and T.B.M.P. 511, Opposer Johnson & Johnson and
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`Applicant Dermal Life LLC hereby stipulate to consolidation of pending Opposition No.
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`91/205350 with pending Opposition No. 91/205184. In support of this Motion, the parties state as
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`follows:
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`1.
`
`Opposer has
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`filed Opposition No. 91/205350 to Ser. No.
`
`85/401851 —
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`HEALIXADERM for “Anti—inflammatory ointments; Medicated lotions for face and body;
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`Medicated skin preparation for use in treating sunburns, facial wrinkles, dry skin, burns, rashes
`
`and wounds; Medicated sun block; Medicated sun care preparations; Medicated sun screen;
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`Pharmaceutical preparations for wounds; Pharmaceutical skin lotions” in Class 5 (the “350
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`Opposition”) and Opposition No. 91/205184 to Ser. No. 85/401846 — HEALIXADERM for After
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`sun creams; After—sun lotions; Cosmetic creams for skin care; Cosmetic nourishing creams;
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`Cosmetic preparations against sunburn; Facial creams; Moisturizing preparations for the skin;
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`Non-medicated ointments for the prevention and treatment of sunburn; Non-medicated skin care
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`preparations, namely, creams,
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`lotions, gels, ointments and liquids” in Class 3 (the “l84
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`Opposition”).
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`
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`2.
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`In both the ‘350 Opposition and the ‘l84 Opposition, Opposer has asserted the
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`identical claim that the HEALIXADERM mark is likely to cause confusion with Opposer’s prior-
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`filed HELIDERM mark. In both proceedings, Applicant has asserted the same affirmative defense.
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`4.
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`5.
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`The parties are identical in both proceedings.
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`The marks are identical in both proceedings, except that in the ‘350 Opposition,
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`Applicant’s goods are in Class 5 and in the ‘I84 Opposition Applicant’s goods are in Class 3.
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`6.
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`8.
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`Both opposition proceedings involve common questions of law and fact.
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`Consolidation of the ‘350 Opposition and the ‘l84 Opposition serves the interests of
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`judicial economy by avoiding duplication of effort and decreases the administrative burden upon the
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`Board in administering and disposing of the two proceedings individually. Moreover, consolidation
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`does not inconvenience or prejudice either party.
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`WHEREFORE, the parties respectfully stipulate that the proceedings be consolidated for
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`all purposes. The parties further request that the Board reset the close of discovery and trial dates as
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`set forth in the ‘I84 proceeding, and that the Board extend such dates thirty (30) days so that the
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`parties may continue their settlement negotiations. Opposer notes that its last-filed suspension
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`request in the ‘184 Opposition was in error caused by a docketing mistake on Opposer’s end.
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`Accordingly, the parties request that the consolidated proceeding adopt the following calendar, as
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`extended 30-days, from the stipulated extension filed and granted in the ‘l84 Opposition on May
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`23, 2013:
`
`Discovery Closes : 07/22/2013
`
`Plaintiffs Pretrial Disclosures : 09/05/2013
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`Plaintiffs 30-day Trial Period Ends : 10/20/2013
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`Defendant's Pretrial Disclosures : ll/4/2013
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`
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`Defendant's 30-day Trial Period Ends 2 12/19/2013
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`Plaintiffs Rebuttal Disclosures : 1/03/2014
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`Plaintiffs 15-day Rebuttal Period Ends 2 02/02/2014
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`Respectfully submitted,
`
`JOHNSON & JOHNSON
`
`DERMAL LIFE LLC
`
`By:
`
`/s/ Jaye S. Campbell
`Norm D. St. Landau
`
`By:
`
`/s/ W.S. Gardiner
`William S. Gardiner
`
`Jaye S. Campbell
`Drinker Biddle & Reath LLP
`1500 K St., N.W., Suite 1100
`Washington, D.C. 20005
`Counselfor Opposer
`
`28 West 62nd Street
`Indianapolis, IN 46260-4204
`Counselfor Applicant
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing was served on App1icant’s attorney-of~record
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`this 19th day of June 2013, via e-mail by the parties agreement, to the following addresses:
`
`William S. Gardiner
`
`<j dg@indy.net>
`
`... 9 244/]
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