Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA603634
`ESTTA Tracking number:
`05/12/2014
`
`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
`Reply in Support of Motion
`Ned W. Branthover
`nwbranthover@lawabel.com, pjlynfield@lawabel.com
`/Ned W. Branthover/
`05/12/2014
`Opposer's Reply in Support of Motion for Default w Attachments - SIGNED -
`May 12, 2014.pdf(3727914 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
`
`222,605
`
`In the Matter of Serial No. 85/626,388
`Filed: May 15, 2012
`V
`—— — _ —— — — — — _ _ _— __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _..X
`
`Crytek Entertainment GmbH, a/k/a
`Gfaoe GmbH
`
`Opposer,
`
`v.
`
`iConnectUS LLC.
`
`:
`
`:
`
`Opposition No. 91207982
`
`Applicant.
`
`____________________________________________________ .._X
`
`OPPOSER’S REPLY IN SUPPORT OF MOTION FOR ENTRY OF DEFAULT
`JUDGMENT
`
`INTRODUCTION
`
`Opposer Crytek Entertainment GmbH (“Crytek” or “Opposer”) by and through its attorneys,
`
`submits this reply memorandum with the accompanying declaration of Ned W. Branthover dated
`
`May 7, 2014 in support of Opposer’s Motion for Entry of Default Judgment. Applicant’s
`
`unsupported claim that it did not receive the relevant motions and Order is a sham as explained
`
`below and demonstrates Applicant’s continued bad faith tactics in this proceeding.
`8 After all, Applicant, other than filing its answer late over one year ago, has done nothing to
`
`comply with discovery in these proceedings. Opposer provides the following factual details to
`
`demonstrate the good faith efforts Opposer has expended to prosecute this proceeding, and
`
`Applicant's bad faith tactics in evading discovery and delaying this proceeding.
`
`

`
`FACTS
`
`1.
`
`On March 25, 2013 Opposer served its First Set of Inteirogatories and First Request
`
`for Production of Documents ("Opposer's Discovery Requests") on Applicant. Applicant's
`
`responses to Opposer's Discovery Requests were due on April 24, 2013. (Branthover Decl., 116)
`
`2.
`
`On April 26, 2013 Opposer granted Applicant a 30-day extension to respond to
`
`Opposer's Discovery Requests until May 24, 2013. (Branthover Decl., 117)
`
`3.
`
`On May 27, 2013, Applicant’s attorney Mark Morrison filed a Change of
`
`Correspondence address in which Mr. Morrison withdrew as counsel and substituted the
`
`Applicant’s principal Michael Fetyko ("Mr. Fetyko") as the new correspondent and provided the
`
`address: "2299 Pacific Avenue, Costa Mesa, CA 92627", (which is the Applicant’s address), as well
`
`as the email address of rnfetyko@iconnectus.com and phone number 949-299-6607. (TTAB Doc.
`
`#13)
`
`4.
`
`On May 27, 2013, this Change of Correspondence Address was served by Mr.
`
`Morrison via email to Opposer’s attorney Ned W. Branthover as well as Mr. Fetyko. At no time, did
`
`Michael Fetyko inform Opposer or the Board that this mailing address was not accurate or correct
`
`prior to filing its response to this motion. (Branthover Decl., ‘[18, Ex. A)
`
`5.
`
`On May 31, 2013, Ned Branthover emailed Mr. Fetyko with a copy to Mr. Morrison,
`
`requesting a call to discuss Applicant's second request for extension of time to respond to Opposer's
`
`Discovery Requests by June 5, 2013. (Branthover Decl., 119, Ex.B)
`
`6.
`
`On June 5, 2013, at 5:25 p.1'1’1. of June 5, 2013, Mr. Fetyko sent Ned Branthover an
`
`email stating he was available that day to talk. Ned Branthover immediately called Mr. Fetyko, but
`
`Mr. Fetyko did not answer his phone. (Branthover Decl., W10, 1 1, Exs. C, D)
`
`

`
`7.
`
`On June 5, 2013, at 5:31 p.m. Ned Branthover emailed Mr. Fetyko stating that Ned
`
`Branthover called Mr. Fetyko, but Mr. Fetyko did not answer the call and Ned Branthover asked
`
`Mr. Fetyko for his availability the next two days. (Branthover Dec1., 1112, Ex. D)
`
`8.
`
`On June 5, 2013, at 6:47 p.m. Mr. Fetyko sent Ned Branthover an email stating that
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`he is sorry he missed Ned Branthover's call and that he is in a “remote” area with intermittent cell
`
`coverage and asked to reschedule for sometime early Friday afternoon, i.e., June 7, 2013.
`
`(Branthover Dec., 1113, Ex. E)
`
`9.
`
`On June 5, 2013 Ned Branthover responded by email that any time on June 7, 2013
`
`is acceptable. (Branthover Dec., 1114, Ex. F)
`
`10.
`
`On June 7, 2013, having not received a response from Applicant, Opposer’s attorney
`
`called Applicant and left a Voice mail requesting Applicant to return the call. Applicant did not
`
`return the call. (Branthover Dec., 1115)
`
`11.
`
`Subsequently, on June 7, 2013 Opposer received an email from Mr. Barak Vaughn
`
`("Mr. Vaughn"), an attorney with Gersh & Derby LLP, advising Ned Branthover that Mr. Vaughn's
`
`firm is in the process of being retained by the Applicant. (Branthover Decl., 1116, Ex. G)
`
`12.
`
`On June 10, 2013 Opposer’s attorney Ned Branthover emailed Mr. Vaughn, with a
`
`copy to Applicant, stating that Mr. Vaughn has not as yet filed a substitution of counsel and that
`
`Applicant is past due in submitting its responses to Opposer’s Discovery Requests. (Branthover
`
`Dec1.,1{17,Ex. H)
`
`13.
`
`On June 17, 2013, having not received a response to this email, Opposer’s attorney
`
`Ned Branthover emailed Mr. Vaughn, with a copy to Mr. Fetyko, inquiring what is Applicant's
`
`intention regarding this case and to schedule a call by June 19, 2013 to discuss Applicant's
`
`responses to Opposer’s Discovery Requests. (Branthover Dec1., 1118, Ex. 1)
`
`

`
`14.
`
`On June 26, 2013, having not received a response from Mr. Vaughn or Applicant,
`
`Opposer's attorney Ned Branthover sent an email to Mr. Vaughn, with a copy to Mr. Fetyko,
`
`requesting responses to Opposer's Discovery by July 3, 2013. (Branthover Decl., 1119, Ex. J)
`
`15.
`
`On June 26, 2013, Opposer's attorney Ned Branthover received an email from Mr.
`
`Vaughn stating t11at Mr. Vaughn has declined to represent the Applicant. (Branthover Decl., {[20,
`
`Ex. K)
`
`16.
`
`On July 1, 2013 Opposer's attorney Ned Branthover called Applicant's listed phone
`
`number during business hours and the call was answered by a recording and a message was left
`
`detailing the reasons for the call and requesting a return call. Applicant never returned the call.
`
`(Branthover Decl., 'l[21).
`
`17. On July 3, 2013 Opposer filed and served the Motion to Compel by U.S. Mail and email
`
`to Applicant at the email address mfetyko@iconnectus.com . Since neither form of service was
`
`returned as undeliverable, Opposer believed both forms of service were received by the Applicant.
`
`(TTAB Doc. #14) (Branthover Decl., ‘W22, 23, Ex. L)
`
`18.
`
`Applicant did not contest or respond to the Motion to Compel, so the Board granted
`
`this motion on August 19, 2013, and there is nothing in the record showing that this Order was not
`
`delivered to the Applicant by mail.
`
`19.
`
`When the Applicant failed to comply with the Board Order by serving its discovery
`
`responses and Initial Disclosures by September 18, 2013, the Opposer filed and served Opposer's
`
`Motion for Entry of Default Judgment by email and US. Mail on September 23, 2013. (TTAB Doc.
`
`#17) (Branthover Decl., 1125, Ex. M).
`
`20.
`
`Opposer was returned the copy served by U.S. Mail as undeliverable, but Opposer
`
`never received notice that the email service was not delivered. (Branthover Decl., ‘l[26)
`
`

`
`21.
`
`Therefore, the only filing that Applicant may not have received is the Board Order
`
`dated September 24, 2013 suspending proceedings pending determination for the motion for
`
`default. (TTAB Doc. #18)
`
`ARGUMENT
`
`The law is clear that if a party fails to comply with an order relating to discovery and an
`
`order compelling discovery then the Board may issue appropriate sanctions including the entry of
`
`default judgment. Rule 37(b)(2) Fed. R. Civ. P., Trademark Rule 2.l20(g)( 1). Here, the sanction of
`
`default is appropriate and necessary in View of Applicant’s actions to avoid discovery and to
`
`participate in these proceedings in good faith. This is evidenced by Applicant’s false assertions
`
`concerning service of Opposer's motions, which are unsupported by sworn testimony and
`
`Applicant's failure to comply with the Board's Order dated August 18, 2013. (Branthover Decl.,
`
`1127) Benedict 12. Super Bakery Inc, 101 U.S.P.Q. 2d 1089 (CAFC 2011).
`
`Applicant iConnectUS LLC's ("iConnectUS" or "Applicant") response in opposition to
`
`Opposer's Motion for Entry of Default Judgment is solely based on the unsupported claims that
`
`Applicant did not receive service, due to Applicant’s attorney’s substitution of an “ineffective”
`
`mailing address for Applicant’s correspondent, of the following: Opposer’s Motion to Compel filed
`
`and served on July 3, 2013 (TTAB Doc. #14), the Board’s Order dated August 19, 2013 granting
`
`the motion to compel (TTAB Doc. #16), Opposer’s Motion for Entry of Default Judgment filed and
`
`served on September 23, 2013 (TTAB Doc. #17).
`
`Applicant's response is defective because Applicant does not submit an affidavit by
`
`Applicant to support its factual assertions, and Applicant purposely fails to explain the details of
`
`when its mailing address became “ineffective”. This deliberate omission, is designed to conceal the
`
`

`
`fact that the Applicant actually did receive by US. Mail the Applicant’s Motion to Compel and the
`
`Board Order dated August 18, 2013.
`
`Clearly, the Applicant’s mailing address was effective for a period of time when Opposer
`
`served its motion to compel by mail since Opposer’s Motion to Compel was not returned as
`
`undeliverable, nor was the Board Order dated August 19, 2013 returned as undeliverable.
`
`Moreover, Applicant received Opposer's motions by email, and Applicant deliberately did not
`
`respond to either motion. (Branthover Decl., 1[1l22—26, Ex. L)
`
`As shown above, Opposer served both motions by email and regular mail. Applicant never,
`
`with sworn testimony, denies that it received email service of these motions. Such conduct cannot
`
`be countenanced by the Board; otherwise, it puts an unfair expense and unnecessary burden on a
`
`party in a proceeding and ignores Applicant’s duty to act in good faith and compliance with the
`
`Board’s procedures.
`
`Applicant knew it was involved in this proceeding for over one year, and Applicant offers
`
`no explanation as to the reason it was non-responsive, and deliberately evasive as evidence by the
`
`efforts Applicant made to avoid talking to Opposer concerning Applicant's complete failure to
`
`respond to Opposer's discovery requests. (Branthover Decl., W6-22, Exs. A—L) Certainly, such
`
`conduct cannot be considered excusable neglect when it was clearly willful, intentional and in bad
`
`faith.
`
`This delay of over one year has caused Opposer prejudice by unnecessarily increasing
`
`Opposer’s attorneys’ fees and costs and delaying this proceeding. It should be axiomatic that a
`
`delay perpetrated willfully by an adversarial party is prejudicial, and it is not fair for the burden to
`
`be placed on the Opposer to explain how discovery will be hindered and its case prejudiced under
`
`such circumstances. Justice delayed is always prejudicial particularly when done intentionally as
`
`Applicant has done here.
`
`

`
`CONCLUSION
`
`Based on the aforesaid, Opposer’s motion should be granted; otherwise, the Board will be
`
`rewarding gamesrnanship and bad faith conduct rather than enforcing standards for the fair and
`
`efficient administration ofjustice in inter paites proceedings.
`
`Date: May 12, 2014
`
`Respectfully Submitted,
`
`
`693/K1 /wit’
`
`ed W. Branthover
`
`,»2,z/1
`
`ABELMAN, FRAYNE & SCHWAB
`666 Third Avenue
`
`New York, New York 10017
`Tel: 212-949-9022
`
`Fax: 212 949-9190
`
`Email: nwbranthoVer@lawabel.corn
`
`Attorneys for Opposer
`CRYTEK ENTERTAINMENT GMBH
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that this 12th day of May, 2014, a copy of the foregoing was sent Via email
`
`and U.S. first—class mail to the following:
`
`Andrew Do
`
`OSWALD & YAP, APC
`16148 Sand Canyon Ave.
`Irvine, CA 92618
`
`Email: ado@oswald-yap.com
`
`
`
`

`
`
`
`ATTACHMENTATTACHMENT
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`222,605
`
`In the Matter of Serial No. 85/6263 88
`Filed: May 15, 2012
`____________________________________________________ -..X
`
`Crytek Entertainment GmbH, a/k/a
`Gface GmbH
`
`Opposer,
`
`V.
`
`iConnectUS LLC.
`
`:
`
`:
`
`Opposition No. 91207982
`
`Applicant.
`
`— _ _ . . _. . _ _ . _ . _ _ _ _ _ _ _ _ _ _ _ _ __ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . _ _ _ . _ _ _ -..X
`
`DECLARATION OF NED W. BRANTHOVER
`
`1.
`
`I am an attorney with the law firm of Abelman, Frayne & Schwab, the attorneys for Applicant
`
`Crytek Entertainment GmbH (hereinafter "Crytek" or "Opposer") in the above captioned action.
`
`2.
`
`3.
`
`I submit this declaration in support of Opposer’s Motion to for Default Judgment.
`
`Opposer is being prejudiced by Applicant's bad faith in delaying this proceeding and causing
`
`increased costs with unnecessary phone calls, emails, and the filings of motions while Applicant
`
`constantly changes attorneys and does not comply with the Board's trial schedules or Order
`
`compelling discovery.
`
`4.
`
`It is time for the Board to bring this to a halt because Applicant makes false statements which
`
`are unsupported by sworn testimony concerning Opposer‘s proper service via email and U.S. Mail of
`
`the Opposer's motion to compel and motion for default judgment.
`
`5.
`
`Opposer sets forth herein the efforts Opposer has made to prosecute this opposition
`
`proceedings and Applicant's bad faith acts to delay these proceeding and avoid discovery.
`
`

`
`6.
`
`On March 25, 2013 Opposer served its First Set of Interrogatories and First Request for
`
`Production of Documents ("Opposer's Discovery Requests") on Applicant. Applicant's responses to
`
`these discovery requests were due on April 24, 2013.
`
`7.
`
`On April 26, 2013 Opposer granted Applicant a 30-day extension to respond to Opposer's
`
`Discovery Requests until May 24, 2013.
`
`8.
`
`On May 27, 2013 Applicant's then attorney, Mr. Mark Morrison, filed a Change of
`
`Correspondence Address with the Board and copied same via email to Mr. Branthover and Mr.
`
`Fetyko. A copy of this is attached as Ex. A.
`
`9.
`
`On May 31, 2013 I sent an email to Mr. Fetyko, with a copy to Mr. Morrison, requesting a
`
`call by June 5, 2013 to discuss Applicant's second request for an extension of time to respond to
`
`Opposer's Discovery Requests. A copy of this email is attached as Ex. B.
`
`10.
`
`On June 5, 2013 at 5:25 p.m. I received an email from Mr. Fetyko indicating that he was
`
`available that day to talk. A copy of this email is attached as Ex. C.
`
`11.
`
`1 immediately called Mr. Fetyko, but no one answered. A copy of this email is attached as
`
`Ex. D.
`
`12.
`
`On June 5, 2013 at 5:31 p.m. I emailed Mr. Fetyko stating that I called him, but he did not
`
`answer and I asked for his availability for the next two days. A copy of this email is attached as Ex.
`
`D.
`
`13.
`
`On June 5, 2013 at 6:47 p.m. Mr. Fetyko emailed me stating that he is sorry he missed my call
`
`and that he is in a "remote area" with intermittent cell coverage and if we can reschedule the call to
`
`early Friday afternoon (June 7, 2013). A copy of this email is attached as Ex. E.
`
`14.
`
`On June 5, 2013 at 7:44 p.m. I replied that any time convenient for him is good and to email
`
`me Mr. Fetyko's expected call time. A copy of these emails is attached as Ex. F.
`
`15.
`
`On June 7, 2013, having not received an email from Mr. Fetyko, I called him. Mr. Fetyko did
`
`not answer, and 1 left a message for him to return my call.
`
`2
`
`

`
`16.
`
`On June 7, 2013 I received an email from Mr. Barak Vaughn ("Mr. Vaughn"), an attorney
`
`with Gersh & Derby LLP, advising me that Mr. Vaughn's firm is in the process of being retained by
`
`Applicant. A copy of this email is attached as Ex. G.
`
`17.
`
`On June 10, 2013 I emailed Mr. Vaughn, with a copy to Mr. Fetyko, stating that Mr. Vaughn
`
`has not yet filed a substitution of counsel and that Applicant is past due in submitting its responses to
`
`Opposer's Discovery Requests.
`
`I requested a response by June 14, 2013. A copy of this email is
`
`attached as Ex. H.
`
`18.
`
`On June 17, 2013, having not received a response to my June 10, 2013 email, I emailed Mr.
`
`Vaughn, with a copy to Mr. Fetyko, inquiring what is Applicant's intention regarding this case and to
`
`schedule a call by June 19, 2013 to discuss Applicant's responses to Opposer's Discovery Requests.
`
`A copy of this email is attached as Ex. I.
`
`19.
`
`On June 26, 2013, having not received a response from Messrs. Vaughn or Fetyko, I sent an
`
`email to Mr. Vaughn, with a copy to Applicant, requesting responses to Opposer's discovery requests
`
`by July 3, 2013. A copy of this email is attached as Ex. J.
`
`20.
`
`On June 26, 2013, I received an email from Mr. Vaughn stating that he has declined to
`
`represent the Applicant in this proceeding. A copy of this email is attached as Ex. K.
`
`21.
`
`On July 1, 2013 I called Applicant's listed phone number during business hours and the call
`
`was answered by a recording, and I left a message detailing the reasons for the call and request a
`
`return call. Applicant never returned the call.
`
`22.
`
`On July 3, 2013 Opposer filed Opposer's Motion to Compel Discovery (TTAB Doc. #14) and
`
`served Application via email address 1nfetyl<o@iconnectuscom and U.S. mail. A copy of an email
`
`attaching Opposer’s Motion to Compel Discovery sent to Mr. Fetyko is attached as Ex. L.
`
`23.
`
`The service copy of Opposer's Motion to Compel Discovery was never returned to my law
`
`firm by the U.S. Postal Service as undeliverable.
`
`

`
`24.
`
`Applicant did not contest or respond to Opposer's Motion to Compel Discovery and the Board
`
`granted this motion on August 19, 2013 (TTAB Doc. #16), and there was nothing in the record
`
`showing that this Order was not delivered to the Applicant.
`
`25.
`
`When Applicant failed to comply with the Board Order by serving its discovery responses and
`
`Initial Disclosures by September 18, 2013, Opposer filed and served Opposer's Motion for Entry of
`
`Default Judgment by email and U.S. Mail on September 23, 2013. A copy of the email is attached as
`
`Ex. M. (TTAB Doc. #17)
`
`26.
`
`Opposer did not receive notifications that the email service of Opposer's Motion to Compel
`
`Discovery and Opposer's Motion for Default Judgment was undeliverable.
`
`27.
`
`Opposer's Motion for Default Judgment was returned by the U.S. Mail as being undeliverable
`
`to Applicant.
`
`28.
`
`Applicant has still not complied with the Board's Order dated August 19, 2013 (TTAB Doc.
`
`#16) because Applicant has not served Initial Disclosures or responses Opposer's discovery requests.
`
`I declare under the penalty of perjury that the foregoing is true and correct.
`
`Dated: New York, New York
`
`May 12, 2014
`
`" ./z).6.l...M...
`
`Ned W. Branthover
`
`

`
`
`
`EXHIBIT AEXHIBIT A
`
`

`
`From: Mark Morrison [mailto:mark@mpaclassaction.com]
`Sent: Monday, May 27, 2013 10:57 AM
`To: BRANTHOVER, N.; Ngai, Ann
`Cc: Michael Fetyko; mark@mpaclassaction.com
`Subject: Fwd: ESTTA. Change of Correspondence Address. confirmation
`receipt ID: ESTFA539962
`
`Please be on notice I am not and have not been legal counsel for
`IConnectUs or Michael so please make a note for your records of
`the new contact person and address. Mr. Fetyko is in negotiations
`for a new counsel and will handle the case himself until that time.
`
`Sincerely
`
`Mark Morrison
`
`MORRIS ON+’AS SOCIATES
`
`marl<@;npaclassaction.co1n
`
`93 S Jackson ST, No. 34835
`Seattle, WA 98104
`T 206-317-3315
`
`F 206—316—835O
`
`

`
`From: estta-server@uspto.gov
`Subject: ESTTA. Change of Correspondence
`Address. confirmation receipt ID: ESTTA539962
`Date: May 27, 2013 7:48:47 AM PDT
`To: mark@mpaclassaction.com,
`mark@mpaclassaction.com
`
`Change of Correspondence Address.
`
`Tracking No: ESTTA53 9962
`
`ELECTRONIC SYSTEM FOR TRADEMARK TRIALS AND
`APPEALS Filing Receipt
`
`We have received your Change of Correspondence Address.
`submitted
`
`through the Trademark Trial and Appeal Board's ESTTA
`electronic
`
`filing system. This is the only receipt which will be sent for
`this paper. If the Board later determines that your submission is
`inappropriate and should not have been accepted through ESTTA,
`you
`will receive notification and appropriate action will be taken.
`
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`
`Unless your submission fails to meet the minimum legal
`requirements for filing, the Board will not cancel the filing or
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`
`in due course.
`
`Printable Version of your request is attached to this e~mail
`
`ESTTA server at http://estta.uspto.goV
`
`ESTTA Tracking number: ESTTA53 9962
`Filing date: 05/27/2013
`
`IN THE UNITED STATES PATENT AND TRADEMARK
`OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding : 91207982
`Applicant : iConnectUS LLC
`
`Change of Correspondence Address
`
`Please change the correspondence address for the iConnectUS
`LLC from
`
`,
`MARK MORRISON
`MORRIS AND ASSOCIATES
`
`93 S JACKSON STREET NO 34835
`
`SEATTLE, WA 98104
`UNITED STATES
`
`4
`
`n1ark@1n_paclassaction.com Phone:
`
`to the new correspondence address as follows:
`
`MICHAEL FETYKO
`
`ICONNECTUS
`
`2299 Pacific AVE
`
`Costa Mesa, CA 92627
`UNITED STATES
`
`1nfetyl<o@iconnectus.com Phone:949-295-6607
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been
`served upon all parties, at their address of record by Facsimile or
`email (by agreement only) on this date.
`
`Respectfully submitted,
`
`

`
`/Mark Morrison/
`
`Mark Morrison
`
`mark@mpac1assacti0n.c0m
`05/27/2013
`
`<iC0nnect_US_L0go [ 1] .png>
`
`<iConnect_US_L0g0[2].p11g>
`
`

`
`
`
`EXHIBIT BEXHIBIT B
`
`

`
`From: BRANTHOVER, N.
`Sent: Friday, May 31, 2013 11:01 AM
`To: ‘Mark Morrison‘
`
`Cc: Michael Fetyko
`Subject: Gameface
`
`Dear Mr. Fetyko.
`
`As you know, I received the below email from you prior counsel.
`
`In response to
`
`your request for an extension, my client has previously granted extensions for
`
`your responses to the discovery requests on the good faith belief that you were in
`
`the process of preparing same. Now it appears that we are back to the beginning.
`
`We are not willing to grant any further extensions until we have spoken to you or
`your new attorney. We request that you Contact us no later than June 5, 2013
`
`
`
`concerning same.
`
`We look forward to hearing from you.
`
`Regards,
`
`Ned Branthover
`
`Ned W. Branthover
`
`Abelrnan Frayne Schwab
`666 Third Avenue
`
`New York, NY 10017
`(t) 212-885-9376
`(1) 212-949-9190
`Email: nwbranthoVer@lawabel.com
`
`From: Mark Morrison [mailtozmark@mpaclassaction.com]
`Sent: Monday, May 27, 2013 10:57 AM
`To: BRANTHOVER, N.; Ngai, Ann
`Cc: Michael Fetyko; mark@mpaclassaction.com
`Subject: Fwd: ESTTA. Change of Correspondence Address. confirmation receipt ID: ESTFA539962‘
`
`Please be on notice I am not and have not been legal counsel for lConnectUs or Michael so
`please make a note for your records of the new Contact person and address. Mr. Fetyko is in
`negotiations for a new counsel and will handle the case himself until that time.
`
`Sincerely
`
`Mark Morrison
`
`MORRISON+ASSOCIATES
`
`

`
`mark@,mpaclassaction.com
`
`93 S Jackson ST, No. 34835
`
`Seattle, WA 98104
`T 206-317-3315
`
`F 206-316-8350
`
`CONFIDENTIALITY NOTICE: This communication and any
`accompanying document(s) are confidential and privileged, pursuant to the American
`Bar Association Formal Opinion No. 99-413, dated March 10, 1999. They are
`intended for the sole use of the addressee. If you receive this transmission in error,
`you are advised that any disclosure, copying, distribution, or the taking of any action
`in reliance upon the communication is strictly prohibited. Moreover, any such
`inadvertent disclosure shall not compromise or be a waiver of any applicable privilege
`as to this communication or otherwise. If you have received this communication in
`error, please contact the sender at mark@rnpaclassaction.com or by telephone at 206-
`317-3315. Thank you.
`
`IRS Circular 230 Disclosure: Unless expressly stated otherwise above, (1) nothing
`contained in this message (or any attachments hereto) was intended or written to be
`used, can be used or may be relied on or used for the purpose of avoiding penalties
`that may be imposed under the Internal Revenue Code of 1986, as amended, (2) any
`written statement contained in this message (or any attachments hereto) relating to any
`federal tax transaction or matter may not be used to support the promotion or
`marketing of or to recommend any federal tax transaction(s) or matter(s) addressed in
`this message, and (3) any taxpayer should seek advice based on the taxpayer's
`particular circumstances from an independent tax advisor with respect to any federal
`tax transaction or matter contained in this message (or any attachments hereto).
`
`Begin forwarded message:
`
`From: estta-sen/er@uspto.gov
`
`

`
`Subject: ESTTA. Change of Correspondence Address. confirmation
`receipt ID: ESTTA539962
`Date: May 27, 2013 7:48:47 AM PDT
`To: mark@mpacIassaction.com, mark@mpac|assaction.com
`
`Change of Correspondence Address.
`
`Tracking No: ESTTA539962
`
`ELECTRONIC SYSTEM FOR TRADEMARK TRIALS AND APPEALS Filing Receipt
`
`We .have received your Change of Correspondence Address. submitted
`through the Trademark Trial and Appeal Board's ESTTA electronic
`filing system. This is the only receipt which will be sent for
`this paper. If the Board later determines that your submission is
`inappropriate and should not have been accepted through ESTTA, you
`will receive notification and appropriate action will be taken.
`
`Please note:
`
`Unless your submission fails to meet the minimum legal
`requirements for filing, the Board will not cancel the filing or
`refund any fee paid.
`
`If you have a technical question, comment or concern about your
`ESTTA submission, call 571-272~8500 during business hours or
`e—mail at estta@uspto.gov.
`
`The status of any Board proceeding may be checked using TTABVUE
`which is available at http://ttabvue.uspto.gov Complete
`information on Board proceedings is not available through the TESS
`or TARR databases. Please allow a minimum of 2 business days for
`TTABVUE to be updated with information on your submission.
`
`The Board will consider and take appropriate action on your filing
`in due course.
`
`Printable Version of your request is attached to this e—mail
`
`ESTTA server at http://estta.uspto.gov
`
`

`
`ESTTA Tracking number: ESTTA53 9962
`Filing date: 05/27/2013
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding : 91207982
`Applicant : iC0nnectUS LLC
`
`Change of Correspondence Address
`
`Please change the correspondence address for the iConnectUS LLC from
`MARK MORRISON
`
`MORRIS AND ASSOCIATES
`
`93 S JACKSON STREET NO 34835
`
`SEATTLE, WA 98104
`UNITED STATES
`
`mark@mpaclassaction.com Phone:
`
`to the new correspondence address as follows:
`
`MICHAEL FETYKO
`
`ICONNECTUS
`
`2299 Pacific AVE
`
`Costa Mesa, CA 92627
`UNITED STATES
`
`mfeflko@iconnectus.com Phone:949-295 -6607
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at
`their address of record by Facsimile or email (by agreement only) on this date.
`
`Respectfully submitted,
`/Mark M0rrison/
`
`Mark Morrison
`
`mark@rnpaclassaction.com
`05/27/20 1 3
`
`

`
`
`
`EXHIBIT CEXHIBIT C
`
`

`
`On Jun 5, 2013, at»5:25 PM, "Michael Fetyko" <mfet ko iconneetus.com>
`Wrote:
`-
`
`Hi Ned,
`
`Thank you for your reply to our request for an extension. I Would
`be happy to speak with you today at a time that is convenient.
`Please contact me at the number below to discuss the GameFace
`trademark. Thank you Ned.
`
`All the best,
`
`Michael Fetyko
`C EO
`
`<iConnect_US_Logo[l].png>
`
`
`Phone: (+1) 949 295 6607
`Fax: (+1) 949.258.5100
`Skype: mfetyko
`
`
`iConnectUS LLC
`www.iconnectus.com
`
`«
`
`This message contains information which may be confidential and privileged.
`Unless you are intended recipient (or authorized to receive this message forthe
`intended recipient), you may not copy, disseminate or disclose to anyone the
`message or any information contained in the message. If you have received the
`message in error, please notify the sender by reply e—mail and delete the
`message. Thank you very much.
`
`.................._.........‘...............a.......r..............4.V..............4.....;......._.........«...,n.‘.s.....‘ .4... .......»..._........,...x.........=__................~....~.,.‘................‘...........
`
`i
`
`A
`
`;
`;
`
`l
`
`i
`i
`
`l
`i
`
`i
`
`’
`
`
`
`

`
`
`
`EXHIBIT DEXHIBIT D
`
`

`
`W7 .,,,, _.,..____,
`
`A“?
`
`From: BRANTHOVER, N.
`Sent: Wednesday, June 05, 2013 5:31 PM
`To: Michael Fetyko
`Subject: Re: Gameface
`
`A
`
`I tried calling. No 8.I1SW€1‘.Whatti1‘J.’18 are you available today and tomorrow?
`Ned Branthover
`
`Sent from my iPhone
`
`On Jun 5, 2013, at 5:25 PM, "Michael Fetyko" <mfetyko@icor1nectus.eom> wrote:
`
`Hi Ned,
`
`I would be happy to
`Thank you for your reply to our request for an extension.
`speak with you today at a time that is convenient. Please Contact me at the
`number below to discuss the GameFaoe trademark. Thank you Ned.
`
`All the best,
`
`Michael Fetyko
`C E0
`
`<iConnect_US_Logo[1].png>
`
`
`Phone: (+1) 949 295 6607
`Fax: (+1) 949.258.5100
`Skype: mfetyko
`Email: mfetyko@iconnectus.com
` » ~»»»—- —-~——-- »«~----»- =-
`
`iConnectUS LLC
`www.iconnectus.com
`
`This message contains information which may be confidential and privileged. Unless you are
`intended recipient (or authorized to receive this message for the intended recipient), you may not
`copy, disseminate or disclose to anyone the message or any information contained in the message.
`if you have received the message in error, please notify the sender by reply e—mail and delete the
`message. Thank you very much.
`
`

`
`
`
`EXHIBIT EEXHIBIT E
`
`

`
`On Jun 5, 2013, at 6:47 PM, "Michael Fetyko" <mfetyko@iconnectus.com> wrote:
`
`Hi Ned,
`
`Thank you for your kind reply. I am sorry I missed your call. I am in a remote area now with
`intermittent cell coverage. Tomorrow is a travel day and I'll be in the air most of the day. Perhaps
`we might schedule something for Friday early afternoon. Please let me know a convenient time.
`I look forward to speaking with you then Ned. Thank you Very much.
`
`All the best,
`
`Michael Fetyko
`CEO
`
`<iConnect_US_Logo [2].png>
`Phone: (+1) 949 295 6607
`Fax: (+1 ) 949.258.5100
`Email: mfetyko@iconnectus.com
`
`iConnectUS LLC
`www.iconnectus.com
`
`Skype: mfetyko
`
`This message contains information which may be confidential and privileged. Unless you are intended recipient (or
`authorized to receive this message for the intended recipient), you may not copy, disseminate or disclose to anyone
`the message or any information contained in the message. If you have received the message in error, please notify
`the sender by reply e—mail and delete the message. Thank you very much.
`
`
`
`

`
`
`
`EXHIBIT FEXHIBIT F
`
`

`
`
`
`3”» . 5
`
`From:
`Sent:
`To:
`Subject:
`
`BRANTHOVER, N.
`Wednesday, June 05, 2013 7:44 PM
`Michael Fetyko
`Re: Gameface
`
`Any time the earlier my time the better. Email me your expected call time.
`
`Sent from my iPhone
`
`On Jun 5, 2013, at 6:47 PM, "Michael Fetyko" <mfetyko@iconnectus.com> wrote:
`
`Hi Ned,
`
`Thank you for your kind reply.‘ I am sorry I missed your call. I am in a remote area now with ‘
`intermittent cell coverage. Tomorrow is a travel day and I'll be in the air most of the day. Perhaps
`we might schedule something for Friday early afternoon. Please let me know a convenient time.
`I look forward to speaking with you then Ned. Thank you very much.
`
`All the best,
`
`Michael Fetyko
`CEO
`
`<iConnect__US_Logo[2].png>
`
`
`
`
`
`Phone: (+1) 949 295 6607'
`Fax: (+1) 949.258.5100
`Email: mfetyko@iconnectus.com
`
`
`
`iConnectUS LLC
`www.iconnectus.com
`
`Slq/pe: mfetyko
`
`
`
`This message contains information which may be confidential and privileged. Unless you are intended recipient (or
`authorized to receive this message for the intended recipient), you may not copy, disseminate or disclose to anyone
`the message or any information contained in the message. If you have received the message in error, please notify
`the sender by reply e—mail and delete the message. Thank you very much.
`
`~:~;>¢w;~rx~>:¢w>aa»s.»»
`
`«
`
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