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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA655365
`ESTTA Tracking number:
`02/11/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91206162
`Plaintiff
`Miss America Organization
`CHARLES N QUINN
`FOX ROTHSCHILD LLP
`747 CONSTITUTION DRIVE, SUITE 100
`EXTON, PA 19341
`UNITED STATES
`cquinn@foxrothschild.com, dmcgregor@foxrothschild.com,
`jdiguglielmo@foxrothschild.com, ipdocket@foxrothschild.com
`Motion to Extend
`CHARLES N. QUINN
`cquinn@frof.com, dmcgregor@frof.com, mscott@frof.com, cesch@frof.com, ip-
`docket@frof.com
`/Charles N. Quinn/
`02/11/2015
`11 FEB. 2015 MOTION TO EXTEND DATES.PDF(120546 bytes )
`11 FEB. 2015 DECLARATION IN SUPPORT OF MOTION TO EXTEND
`DATES.PDF(118870 bytes )
`
`Proceeding
`Party
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`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
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`Signature
`Date
`Attachments
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`____________________________________
`
`Opposition 91206162
`
`Application 85/414,806
`
`Mark: LITTLE MISS OF AMERICA
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`Miss America Organization
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`Opposer
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`v.
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`Jessica Lee Bodge
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`Applicant
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`MOTION BY OPPOSER MISS AMERICA ORGANIZATION TO RESET DATES AND
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`EXTEND COMMENCEMENT OF OPPOSER’S TESTIMONY PERIOD
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`This is a Motion by Opposer, the Miss America Organization (hereinafter referred to as
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`“Miss America”) to reset dates thereby extending the date for commencement of Miss
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`America’s testimony period by sixty (60) days.
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`Miss America’s testimony period is currently scheduled to open on 27 February and to
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`close thirty days later, on 28 March 2015.
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`This Motion is necessitated by Miss America’s counsel’s representation in defending
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`another client in patent infringement litigation.
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`As a by-product of representing the defendant in on-going patent infringement litigation
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`over the past thirteen (13) months in the United States District Court for the District of New
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`Jersey (the case is captioned Ronald Mark Associates v. StonCor Group, Inc., cv 13-7446), Miss
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`America’s counsel has been unable adequately to prepare for taking testimony on behalf of Miss
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`America. The attached declaration by Miss America’s counsel presents in detail some, but not
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`all, of the activity in the Ronald Mark v. StonCor matter that has caused Miss America’s
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`undersigned counsel to need additional time to prepare for taking testimony on behalf of Miss
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`000432.40101/pleadings
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`America, and to take that testimony. Miss America respectfully requests that Miss America be
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`granted sixty (60) additional days to prepare to take testimony. If the instant Motion is granted,
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`the new schedule for proceeding would be as follows:
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`Plaintiff’s 30-day Trial Period Ends
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`Defendant’s Pretrial Disclosures
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`Defendant’s 30-day Trial Period Ends
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`Plaintiff’s Rebuttal Disclosures
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`Plaintiff’s Rebuttal Period Ends
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`5/28/2015
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`6/12/2015
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`7/27/2015
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`8/11/2015
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`9/11/2015
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`As detailed in the accompanying declaration of Miss America’s counsel, Miss America
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`has tried, without success, to contact the Applicant, Miss Bodge, to solicit her consent to this
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`motion. Miss Bodge had not returned any of Miss America’s undersigned counsel’s email
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`messages or calls. Accordingly, Miss America cannot represent that this motion has the consent
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`of the Applicant.
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`Miss America respectfully requests notification of the grant of this Motion so that Miss
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`America can effectively present its case in a most persuasive manner.
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`Respectfully submitted,
`
`FOX ROTHSCHILD LLP
`
`/Charles N. Quinn/
`Charles N. Quinn
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`Tel: 610-458-4984
`cquinn@foxrothschild.com
`Attorneys for Opposer, the Miss America Organization
`
`Dated: 11 February 2015
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`000432.40101/pleadings
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`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`____________________________________
`
`Opposition 91206162
`
`Application 85/414,806
`
`Mark: LITTLE MISS OF AMERICA
`
`:
`
`: :
`
`:
`:
`
`: :
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`Miss America Organization
`
`Opposer
`
`v.
`
`Jessica Lee Bodge
`
`Applicant
`____________________________________
`
`:
`:
`:
`:
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`CERTIFICATE OF SERVICE
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`I, Charles N. Quinn, Esquire, hereby certify that, pursuant to the parties’ agreement for
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`electronic service, a true and correct copy of the foregoing
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`MOTION BY OPPOSER MISS AMERICA ORGANIZATION TO RESET DATES AND
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`EXTEND COMMENCEMENT OF OPPOSER’S TESTIMONY PERIOD
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`was served on Applicant as identified below, via electronic mail on 11 February 2015 at the
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`email address below:
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`Jessica Lee Bodge
`jessicabodge@msn.com
`
`/Charles N. Quinn/
`Charles N. Quinn
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`

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`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`____________________________________
`
`Opposition 91206162
`
`Application 85/414,806
`
`Mark: LITTLE MISS OF AMERICA
`
`:
`
`: :
`
`:
`:
`
`: :
`
`:
`:
`:
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`: :
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`Miss America Organization
`
`Opposer
`
`v.
`
`Jessica Lee Bodge
`
`Applicant
`
`DECLARATION OF CHARLES N. QUINN
`
`1.
`
`I, Charles N. Quinn, hereby declare that I am a citizen of the United States,
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`residing at 419 Bowen Drive, Exton, Pennsylvania, 19341, a partner in the law firm of Fox
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`Rothschild LLP having my principal office at 747 Constitution Drive, Suite 100, Exton,
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`Pennsylvania, 19341, a member in good standing of the Bar of the Supreme Court of the
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`Commonwealth of Pennsylvania holding registration number 17,603 therein, admitted in good
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`standing to practice in patent matters before the United States Patent and Trademark Office
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`pursuant to registration 27,223, and am the attorney of record for the Opposer, Miss America
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`Organization, in the above-referenced matter.
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`2.
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`I have represented StonCor Group, Inc. and its predecessors-in-interest in
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`intellectual property matters for nearly 30 years.
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`3.
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`StonCor Group was sued for patent infringement a little over one year ago. I am
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`the principal lawyer defending StonCor against the charge of patent infringement in that matter.
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`The case is Ronald Mark Associates, Inc. v. StonCor Group, Inc., civil action 13-7446, pending
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`in the United States District Court for the District of New Jersey, in Camden, New Jersey. My
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`work in representing StonCor in defending that suit has required large, excessive amounts of my
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`time, especially in the period from 1 September 2014 through the present. During that time the
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`work has been extremely intense due to the schedule required under the Local Patent Rules of the
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`District of New Jersey. I have studied well over 100 prior art references, developed StonCor’s
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`contentions as regarding invalidity of the two patents in suit based on those references,
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`developed StonCor’s non-infringement contentions regarding sixty-three claims at issue in the
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`litigation, and have engaged in numerous discovery disputes with extremely aggressive, indeed
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`unreasonable, opposing counsel.
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`4.
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`Due to my representation of StonCor as its principal lawyer defending the charge
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`of patent infringement and asserting counterclaims of invalidity and non-infringement in the
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`Mark v. StonCor case, I have not had sufficient time to devote to the instant opposition
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`proceeding on behalf of the Miss America Organization.
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`I need additional time to prepare to
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`take testimony on behalf of the Miss America Organization in this proceeding.
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`5.
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`I have tried to contact the Applicant, Ms. Bodge, by telephone and by email to
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`secure her consent to this motion. She has not returned my calls or replied to my emails.
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`6.
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`I hereby declare, under penalty of perjury pursuant to 28 USC 1746, that all
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`statements made herein are true and that all statements made herein on information and belief are
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`believed to be true and further that I realize that false statements and the like so made herein are
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`punishable by fine, or imprisonment or both, under 18 USC 1001 et seq.
`
`11 February 2015
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`Respectfully submitted,
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`FOX ROTHSCHILD LLP
`
`/Charles N. Quinn/
`Charles N. Quinn
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`Tel: 610-458-4984
`cquinn@foxrothschild.com
`Attorneys for Opposer
`
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`000432.40101/pleadings

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