Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA593866
`ESTTA Tracking number:
`03/21/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91207982
`Plaintiff
`Crytek Entertainment GmbH
`NED W BRANTHOVER
`ABELMAN FRAYNE & SCHWAB
`666 THIRD AVENUE , 10TH FLOOR
`NEW YORK, NY 10017
`UNITED STATES
`nwbranthover@lawabel.com, pjlynfield@lawabel.com
`Opposition/Response to Motion
`Ned W. Branthover
`nwbranthover@lawabel.com, pjlynfield@lawabel.com
`/Ned W. Branthover/
`03/21/2014
`Opposer's RESPONSE in Opposition to Applicant's Motion for Extension of
`Time to Responde - SIGNED - March 21, 2014.pdf(229059 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
`Attachments
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`
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`.2
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`111
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`222,605
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`In the Matter of Serial No. 85/626,3 88
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`Filed: May 15, 2012
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`E};}212‘E;l;1&T;r};12r11'E££1§L§£if""""""""
`Opposer,
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`V.
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`iCo11nectUS LLC.
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`.
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`:
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`Applicant
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`______________________________________________________;(
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`Opposition No. 91207982
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`OPPOSER’S RESPONSE IN OPPOSITION TO APPLICANT'S MOTION FOR
`EXTENSION OF TIME TO RESPOND
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`Opposer Crytek Entertainment Gmbli (“Crytek” or “Opposer") by and through its attorneys,
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`Opposer’s submit this response in opposition to Applicant’s iConnectUS LLC ("Applicant" or
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`“iConnectUS") motion for an extension of time to respond to Opposer’s motion for sanctions in the
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`form of a default judgment which was properly served by postal mail and email on September 23,
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`2013.
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`Applicanfs motion for an extension of time should be denied because Applicant did not file
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`a substantive response to Opposer’s motion as the Board ordered by March 18, 2014 in the Board
`Order dated March 3, 2014. Instead, Applicant filed a motion seeking additional time on March 19,
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`2014, so Applicant's motion was filed one day late. Moreover, Applicant received notice of
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`Opposer’s motion for defauit on September 23, 2013 since Opposer served this motion by U.S.
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`postal mail and by email to the email address: mfetyko@iconnectus.com (as indicated on certificate
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`
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`of service attached to motion for entry of default). The Opposer did not receive any notice that this
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`email was not received by the Applicant. In addition, the Applicant does not submit any declaration
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`by the Applicant supporting its representation that Applicant did not receive this email service of
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`the motion for default on September 23, 2013. A copy of the cover email dated September 23, 2013
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`enclosing the motion for default sent to Applicant's email address is attached as Exhibit A.
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`Applicant’s motion is designed to further delay this opposition proceeding which will cause
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`Opposer prejudice. It is not disputed that Applicant has not served any Initial Disclosures which
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`were due on February 22, 2013 or responded to Opposer’s discovery requests as set forth in its
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`motion to compel and as ordered by the Board to produce on August 19, 2013. It is also
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`undisputed, that Opposer properly served its motion for default at Applicant’s designated postal and
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`email addresses on September 23, 2013.
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`In view of the time that has elapsed and Applicant’s failure to file a substantive response to
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`Opposer's motion for default by March 18, 2014 or submit any evidence that the Applicant did not
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`receive Opposer’s motion by email, the Opposer respectfully requests that the Board refuse
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`Applicant’s motion for an extension of time and enter default in this proceedings.
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`Date: March 21,2014
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`Submitted.
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`lléspecjful
`9 e::.g.1/,iZ£4»g,i_r WQ
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`
`Net! W. Branthover
`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
`
`New York, New York 10017
`Tel: 212-949-9022
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`Fax: 212 949-9190
`Email: nwbranthover@laWabel.com
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`Attorneys for Opposer
`CRYTEK ENTERTAINMENT GMBH
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that this 21 st day of March, 2014, a copy of the foregoing was sent via email
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`and U.S. first-class mail to the following:
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`And
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`Andrew Do
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`OSWALD & YAP, APC
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`16148 Sand Canyon Ave.
`Irvine, CA 92618
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`Email: ado@oswa1d-yap.com
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`Mr. Michael Fetyko
`My Game Face LLC
`324 E. 19”‘ Street
`Costa Mesa, CA 92627
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`Emails: mfetyko@iconnectus.com
`mfety1<o@yahoo.com
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`
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` %4fiaxé2
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`‘Ned W. Eranthover
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`EXHIBIT A
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`Page 1 of 1
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`Ngai, Ann
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`From:
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`Ngai, Ann
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`Sent:
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`Monday, September 23, 2013 11:19 AM
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`To:
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`'mfetyko@iconnectus.com'
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`Cc:
`BRANTHOVER, N.; LYNFIELD, P.
`Subject: Crytek Entertainment v. iConnectUS — GAIVEEFACE TTAB Opposition 91207982; Our File 222,605
`Today I filed wiih .The TTAB using The ESTTA Sysfern an Opposer's Moiion for Entry of Default
`Judgment a copy of which is afiached, as well as a copy of ihe E—Filing Receipt
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`A hard copy is also being mailed Today To iConnec’rU5 LLC via U.S. Firs?-Class Mail.
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`.4. Ngai
`Abeiman Frayne 8. Schwab
`666 Third Avenue
`New York, Ni/10017
`
`(212) 949~9022
`(212) 885-9325 {DiRECT)
`(212) 949-9190 (FAX)
`angai@iawabe|.com
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`,/
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`9/23/2013
