Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA534967
`ESTTA Tracking number:
`04/29/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91209837
`Defendant
`H. Lundbeck A/S
`JAMES THOMAS
`THOMAS TRADEMARK & COPYRIGHT LEGAL SRVCS
`PO BOX 1886
`DURHAM, NC 27702-1886
`UNITED STATES
`james@thomaslegal.pro
`Answer
`James A. Thomas
`james@thomaslegal.pro
`/jat/
`04/29/2013
`img-130429173408.pdf ( 3 pages )(49729 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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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Serial No. 79/115,742
`Filed September 8, 2011
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`ELI LILLY AND COMPANY
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`Opposer,
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`V‘
`H. LUNDBECK A/S
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`Opposition No. 91209837
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`ANSWER
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`Applicant H. Lundbeck A/S (“Applicant”), by and through its undersigned counsel,
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`answers the Notice of Opposition of Eli Lilly and Company (“Opposer”), stating as follows:
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`1.
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`The application of Opposer and the documents publicly available from the
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`USPTO in in re serial no. 85/289,351 are the best evidence of their contents. Except as expressly
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`admitted herein, Applicant lacks knowledge or information sufficient to form a belief as the truth
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`or falsity of the allegations of paragraph 1 and they are therefore denied.
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`2.
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`The application of Opposer and the documents publicly available from the
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`USPTO in in re serial no. 85/289,351 are the best evidence of their contents. Except as expressly
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`admitted herein, Applicant lacks knowledge or information sufficient to form a belief as the truth
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`or falsity of the allegations of paragraph 2 and they are therefore denied.
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`3.
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`4.
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`The allegations of paragraph 3 are admitted.
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`The allegations of paragraph 4 are admitted
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`5.
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`The respective applications of Applicant and Opposer and the documents publicly
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`available from the USPTO in regards to each such application are the best evidence of their
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`contents. Except as expressly admitted herein, Applicant lacks knowledge or information
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`sufficient to form a belief as the truth or falsity of the allegations of paragraph 1 and they are
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`therefore denied.
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`6.
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`7.
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`The allegations in paragraph 6 are denied.
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`The allegations in paragraph 7 are denied.
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`APPLICANT’S FIRST AFFIRMATIVE DEFENSE
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`Opposer’s claims are barred by the doctrine of unclean hands.
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`WHEREFORE, Applicant respectfully requests that this Opposition No. 91209837 be
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`dismissed with prejudice.
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`Respectfully submitted this 29”‘ day of April, 2013.
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`
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`Attorney for App icant, NC Bar Member
`Thomas Law Finn PLLC d/b/a Thomas
`
`Trademark & Copyright Legal Services
`P.O. Box 1886
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`Durham, NC 27702-1886
`Tel. (919) 794-7300
`Fax. (919) 794-7344
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this day a true and correct copy of the foregoing ANSWER has
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`been served this day by depositing copies thereof in a depository under the exclusive care and
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`custody of the United Sates Postal Service in a first class postage prepaid envelope and properly
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`addressed as follows to counsel for the Opposer:
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`Peter J. Lynfield
`Abelman Frayne Schwab
`666 Third Avenue
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`New York, NY 10017
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`This the 29*“ day of April, 2013.
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`
`
`Attorney fo Appl ant, NC Bar Member
`Thomas Law Firm PLLC d/b/a Thomas
`
`Trademark & Copyright Legal Services
`P.0. Box 1886
`
`Durham, NC 27702-1886
`Tel. (919) 794-7300
`
`Fax. (919) 794—7344
