Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA631804
`ESTTA Tracking number:
`10/08/2014
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91209936
`Plaintiff
`Los Angeles Dodgers LLC
`MARY L KEVLIN
`COWAN LIEBOWITZ & LATMAN PC
`1133 AVENUE OF THE AMERICAS
`NEW YORK, NY 10036
`UNITED STATES
`trademark@cll.com, jmn@cll.com, lmr@cll.com
`Motion to Suspend for Settlement Discussions
`Lindsay M. Rodman
`trademark@cll.com, njh@cll.com, las@cll.com
`/Lindsay Rodman/
`10/08/2014
`LA CHOPPERS - Motion on Consent To Suspend 10.8.14.pdf(90361 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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`Docket No. 21307.027
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`TRADEMARK
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In re Application Serial No. 85/460,381
`Filed: October 31, 2011
`For Mark: LA CHOPPERS
`Published in the Official Gazette: September 25, 2012
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`v.
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`TOLEMAR INC.,
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`LOS ANGELES DODGERS LLC,
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`Opposer,
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`- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X
`Commissioner for Trademarks
`Attn: Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Opposition No. 91209936
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`Applicant.
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`MOTION ON CONSENT TO SUSPEND AND TO
`RESET DEADLINES IF OPPOSITION IS RESUMED
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`Opposer, by and through counsel, hereby moves for an order suspending the proceeding
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`for a period of ninety (90) days until January 6, 2015. Applicant consented to this motion, which
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`is requested to allow the parties to continue to discuss settlement.
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`Significant progress has been made towards a resolution of this matter. Since the
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`institution of the proceedings the parties have had verbal and written settlement negotiations.
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`Opposer’s outside counsel drafted a settlement agreement, received comments on it from
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`Opposer’s in-house counsel and Opposer’s outside counsel incorporated those comments into the
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`draft settlement agreement. In the midst of these negotiations, Opposer also had a change of
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`counsel within its outside law firm, and subsequently, there was a departure among Opposer’s
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` 21307/016/1543148.1
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`Docket No. 21307.016
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`TRADEMARK
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`small in-house counsel department, which necessitated transitioning the departing counsel’s
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`numerous matters to the remaining in-house counsel. Shortly before the previous period of
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`suspension, Applicant’s counsel moved to another firm, in which there was a conflict with
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`Opposer. During the previous suspension period, Opposer’s in-house counsel and Applicant’s
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`counsel communicated via e-mail on July 31, 2014, August 5, 2014, September 17, 2014 and
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`September 22, 2014 to address conflict waivers. Opposer’s outside counsel also communicated
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`with Applicant’s firm via phone on or around August 26, 2014 regarding progress to formal
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`conflict waivers. The parties have resolved this issue and are now able to move forward with
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`settlement.
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`The parties note that they are jointly committed to reaching an amicable resolution and
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`have made significant progress. The parties request an additional 90-day extension for opposing
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`counsel to review and comment on the settlement agreement and to allow the parties to resolve
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`any remaining issues which pertain to the use and registration of Applicant’s mark. The parties
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`believe they will timely resolve any remaining issues.
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`In the event that the Board denies this Motion, Opposer consents to an extension of time
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`for Applicant to file an answer or otherwise respond to the Notice of Opposition until thirty (30)
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`days after such denial.
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`If the Board grants this motion, the Board should also reset Applicant’s time to answer or
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`otherwise respond to the Notice of Opposition until thirty (30) days after the suspension ends.
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`Additionally, the parties request that six months of discovery be allowed and that the discovery
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`cutoff be reset to six (6) months after the proceedings resume so that the parties will have the full
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`period of discovery in the event that the matter is not able to be resolved. The trial periods and
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`other periods should be reset accordingly.
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` 21307/016/1543148.1
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`Docket No. 21307.016
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`TRADEMARK
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`Respectfully submitted,
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`COWAN, LIEBOWITZ & LATMAN, P.C.
`Attorneys for Opposer
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`/Lindsay M. Rodman/
`Mary L. Kevlin
`Richard S. Mandel
`Lindsay M. Rodman
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`By:
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`1133 Avenue of the Americas
`New York, New York 10036-6799
` (212) 790-9200
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`Dated: New York, New York
`October 8, 2014
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` 21307/016/1543148.1
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`3
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`Docket No. 21307.016
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`TRADEMARK
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that, on October 8, 2014, I caused a true and complete copy of the
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`foregoing Motion on Consent to Suspend and to Reset Deadlines if Opposition is Resumed to be
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`sent first class mail to the Applicant’s Attorney and Correspondent of Record, Jonathan S. Pink,
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`Esq., Lewis Brisbois Bisgaard & Smith LLP, 221 North Figueroa Street, Suite 1200, Los
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`Angeles, CA 90012.
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`Dated: New York, New York
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`October 8, 2014
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`/Lindsay M. Rodman/
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` Lindsay M. Rodman
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` 21307/016/1543148.1
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`4
