Trademark Trial and Appeal Board Electronic Filing System. httgj/estta.usQto.gov
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`91207982
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`Plaintiff
`Crtek Entertainment GmbH
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`Thomas W Adams
`Renner, Otto, Boisselle & Sklar, LLP
`1621 Euclid Avenue19th Floor
`Cleveland, OH 44115
`UNITED STATES
`tadams@rennerotto.com
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`Motion for Default Judgment
`Thomas W Adams
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`tadams@rennerotto.com
`lthomaswadamsl
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`01/25/2013
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`Motion_defau|t.pdf ( 3 pages )(191707 bytes)
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`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA517999
`ESTTA Tracking number:
`01/25/2013
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91207982
`Plaintiff
`Crtek Entertainment GmbH
`Thomas W Adams
`Renner, Otto, Boisselle & Sklar, LLP
`1621 Euclid Avenue19th Floor
`Cleveland, OH 44115
`UNITED STATES
`tadams@rennerotto.com
`Motion for Default Judgment
`Thomas W Adams
`tadams@rennerotto.com
`/thomaswadams/
`01/25/2013
`Motion_default.pdf ( 3 pages )(191707 bytes )
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`Proceeding
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. 91/207982
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`Opposer's Attorney Docket CRTKZG0101
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`CRYTEK ENTERTAINMENT, GmbH,
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`Opposer,
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`v.
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`iConnectUS LLC,
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`Applicant.
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`MOTION TO STRIKE ANSWER FILED OUT OF TIME
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`MOTION FOR DEFAULT JUDGMENT UNDER 37 C.F.R. § 2.106(a)
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`Now comes Opposer, CRYTEK Entertainment, GmbH, by and through
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`undersigned counsel, Opposer hereby moves the Board to strike Applicant's Answer,
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`which was filed out of time, and moves the Board for a default judgment, based on
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`Applicant's failure to timely file its Answer, which Answer was filed beyond the
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`already-extended deadline for filing the Answer. Despite that Opposer granted
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`Applicant's request for a 30 day extension, Applicant nevertheless failed to filed its
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`Answer on or before the extended deadline of 23 January 2013.
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`Opposer respectfully submits that no good cause can be shown to support denial
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`of Opposer's Motion to Strike and Motion for Default Judgment. Applicant was afforded
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`more than adequate time to file its Answer, and failed to do so in a timely manner. In
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`requesting the extension, Applicant stated that its attorney needed additional time to
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`obtain Applicant's input and to explore possible settlement. Prior to this request,
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`Opposer had already communicated to Applicant its refusal to consider any settlement,
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`MOTION TO STRIKE AND MOTION FOR DEFAULT JUDGMENT
`Opposition No. 91/207982
`Application No. 85/626388 for GAMEFACE
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`so there was nothing to explore in that regard. Regarding the need for "Applicant's
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`input", the allotted sixty days was more than sufficient to obtain same. Applicant's
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`apparent decision to retain new counsel during this time does not excuse its failure to
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`timely file its Answer.
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`Accordingly, Opposer moves the Board both to strike the Answer as untimely and
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`for default judgment in Opposer's favor in accordance with 37 C.F.R. § 2.106(a).
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`WHEREFORE, Opposer prays that this Motion to Strike Answer Filed Out of Time
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`and Motion for Default Judgment be granted; and
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`WHEREFORE, Opposer prays that the Notice of Opposition be granted and that
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`registration of the alleged mark GAMEFACE of Application No. 85/626388 herein
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`opposed be refused.
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`This Motion to Strike and Motion for Default Judgment is being filed electronically,
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`Respectfully submitted,
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`RENNER, OTTO, BOISSELLE & SKLAR, LLP
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`via ESTTA.
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`/thomaswadams/
`Thomas W. Adams, Reg. No. 35,047
`1621 Euclid Avenue, 19th Floor
`Cleveland, Ohio 44115-2191
`Phone:
`216-621-1113
`Fax:
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`216-621-6165
`Attorney for Opposer
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`Date: January 25, 2013
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`By
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`MOTION TO STRIKE AND MOTION FOR DEFAULT JUDGMENT
`Opposition No. 91/207982
`Application No. 85/626388 for GAMEFACE
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing MOTION TO STRIKE
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`ANSWER FILED OUT OF TIME AND MOTION FOR DEFAULT JUDGMENT UNDER 37
`C.F.R. § 2.106(a) was served on the following attorney for Opposer by depositing same in
`the United States mail, postage prepaid, this 25th day of January, 2013:
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`Mark Morrison
`MORRISON+ASSOCIATES
`93 S Jackson ST, No. 34835
`Seattle, WA 98104
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`EHAB M. SAMUEL
`DICKSTEIN SHAPIRO LLP
`2049 CENTURY PARK E STE 700
`LOS ANGELES, CA 90067-3109
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`and
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`and by e-mail to: mark@mpaclassaction.com and mfetyko@iconnectus.com.
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`Thomas W. Adams
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