`ESTTA659889
`ESTTA Tracking number:
`03/09/2015
`
`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
`Other Motions/Papers
`CHARLES N. QUINN
`cquinn@frof.com, dmcgregor@frof.com, mscott@frof.com, cesch@frof.com
`/CHARLES N. QUINN/
`03/09/2015
`29237865_1_9 MARCH 2015 MAO SUBMISSION OF BODGE CONSENT TO
`SCHEDULE EXTENSION.PDF(117251 bytes )
`
`Proceeding
`Party
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`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`TRADEMARK TRIAL AND APPEAL BOARD
`
`Miss America Organization
`
`Opposer
`
`V.
`
`Jessica Lee Bodge
`
`Applicant
`
`2
`:
`.
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`'
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`Opposition 91206162
`Application 85/414,806
`Mark: LITTLE MISS OF AMERICA
`
`SUBMISSION OF CONSENT BY APPLICANT TO MOTION BY OPPOSER,
`
`THE MISS AMERICA ORGANIZATION, TO RESET DATES
`AND EXTEND COMMENCEMENT OF OPPOSER’S TESTIMONY PERIOD
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`On 11 February 2015, the Miss America Organization (“Miss America”), the opposer in
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`this trademark opposition proceeding, filed a motion with the Trademark Trial and Appeal Board
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`to reset dates and thereby extend the date for commencement of Miss America’s testimony
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`period by sixty days. At that time, Miss America’s testimony period was scheduled to open on
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`27 February and to close thirty days later, on 28 March 2015.
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`Accompanying that motion was a declaration of Miss America’s counsel noting that Miss
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`America had tried, without success, to contact the applicant, Ms. Bodge, to solicit her consent to
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`the motion. At that time, Ms. Bodge had not returned any of Miss America’s counsel’s e-mail
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`messages or telephone calls. As a result, Miss America could not, when the motion was filed,
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`represent that the motion had the consent of the applicant.
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`Ms. Bodge, the applicant, has now replied to Miss America’s counsel and has consented
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`to the requested extension of the Miss America’s testimony period. As evidence of this, there is
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`attached to this paper an e-mail exchange ending on 6 March 2015 in which Ms. Bodge
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`expresses her consent to the requested extension.
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`29236536vl 03/09/2015 12:40 PM
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`1
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`000432.40l01/pleadings
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`Miss America again respectfully request notification of grant of this motion, this time in
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`View of the consent given by the applicant, Jessica Lee Bodge.
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`Respectfully submitted,
`
`FOX ROTHSCHILD LLP
`
`/Charles N. Quinr1/
`Charles N. Quinn
`747 Constitution Drive, Suite 100
`
`Exton, PA 19341
`Tel: 610-458-4984
`
`Date:
`
`9 March 2015
`
`cquinn@foxrothschild.com
`Attorneys for Opposer, the Miss America Organization
`
`29236536v1 03/09/2015 12:40 PM
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`2
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`000432/10101/pleadings
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Miss America Organization
`
`Opposer
`
`V.
`
`Jessica Lee Bodge
`
`Applicant
`
`:
`:
`.
`
`.
`
`Opposition 91206162
`Application 85/414,806
`Mark: LITTLE MISS OF AMERICA
`
`CERTIFICATE OF SERVICE
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`1, 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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`SUBMISSION OF CONSENT BY APPLICANT TO MOTION BY OPPOSER,
`MISS AMERICA ORGANIZATION, TO RESET DATES
`'
`AND EXTEND COMMENCEMENT OF OPPOSER’S TESTIMONY PERIOD
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`was served on Applicant as identified below, via electronic mail on 9 March 2015 at the email
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`address below:
`
`Jessica Lee Bodge
`jessicabodge@msn.corn
`jessica@wa1ittlemissofamerica.com
`
`/Charles N. Quim1/
`Charles N. Quinn
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`29236536v1 03/09/2015 12:40 PM
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`3
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`0O0432.40l0l/pleadings
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`
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`Quinn, Charles N.
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`From:
`Sent:
`To:
`Subject:
`
`Jessica Bodge <jessicabodge@msn.com>
`Friday, March 06, 2015 1:26 AM
`Quinn, Charles N.
`Re: Miss America Organization v. Jessica Lee Bodge; Our File: OOO432.40lO1
`
`Yes this is fine my divorce mediation is this month so delaying this is fine with me. Please use the following
`email when contacting me please:
`Jessica@walittlemissofamerica.com please file necessary papers for an agreed order
`Thanks
`
`Jessica
`
`Sent from my iPhone
`
`> On Feb 9, 2015, at 9:40 AM, Quinn, Charles N. <CQuinn@foxrothschild.com> wrote:
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`Dear Ms. Bodge,
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`I have been extremely busy with some
`We are approaching the opening of plaintiff's testimony period.
`patent infringement litigation and have not had time to deal with this case.
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`I am therefore asking you to consent to an extension of the plaintiff's testimony period. This will have no
`effect on your required dates, other than to push everything back on the calendar.
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`> >
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`We have granted you numerous extensions for several things in the past in this and the now closed case; I
`would appreciate your return courtesy in this situation.
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`I will be happy to file the required papers; all ask is a return email from you consenting to this request.
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`Regards,
`
`Charlie Quinn
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`Charles Quinn
`> Partner
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`> Fox Rothschild LLP
`
`> Eagleview Corporate Center
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`> 747 Constitution Drive, Suite 100, PO Box 673
`
`> Exton, PA 19341
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`> (610) 458-4984 — direct
`
`> (610) 458—7337— fax
`> CQuinn@foxrothschild.com
`> www.foxrothschi|d.com
`
`—-—-—Original Message——-—-
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`> >