EMI (IP) Limited v. OCC Establishment, 91212905, No. 30 (T.T.A.B. Nov. 26, 2014)

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EMI (IP) Limited v. OCC Establishment, 91212905, No. 30 (T.T.A.B. Nov. 26, 2014)

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UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`
`
`
`
`
`
`
`
`
`Mailed: November 26, 2014
`
`Opposition No. 91212905 (parent)
`Cancellation No. 92058236
`
`EMI (IP) Limited
`
`v.
`
`
`
`
`
`DMD
`
`
`
`Ellen M. Yowell, Paralegal Specialist:
`
`
`OCC Establishment
`
`
`Applicant’s consented motions filed October 31, 2014 and November
`
`26, 2014 to extend time to file an answer to the notice of opposition and to
`
`extend conference, disclosure, discovery and trial dates, are granted. See
`
`Fed. R. Civ. P. 6(b) and TBMP § 310.03(c).
`
`Answer is due December 31, 2014. The conference, disclosure, discovery
`
`and trial dates are reset in accordance with applicant’s November 26, 2014
`
`motion.
`
`In each instance, a copy of the transcript of testimony together with copies
`
`of documentary exhibits, must be served on the adverse party within thirty days
`
`after completion of the taking of testimony. Trademark Rule 2.125.
`
`Briefs shall be filed in accordance with Trademark Rules 2.128(a) and (b).
`
`An oral hearing will be set only upon request filed as provided by Trademark Rule
`
`2.129.
`
`
`
`

`
`Opposition No. 91212905 & Cancellation No. 92058236
`
`Progress Report Required for Motions to Suspend or Extend for Settlement
`
`The Board has granted numerous motions to suspend or extend in this
`
`proceeding to accommodate the parties’ settlement efforts. Upon expiration of
`
`the suspension period granted in this order, in order to establish good cause for
`
`all future requests for suspension or extension, the parties must include, in any
`
`further motions to suspend or extend, a detailed report setting forth what
`
`progress the parties have made towards settlement during the previous period of
`
`suspension
`
`This report must set forth, at a minimum, 1) all dates on which the parties
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`communicated, and the method of each communication (e.g. telephone, email, in-
`
`person meeting), 2) the general nature of each communication, 3) the issues that
`
`have been resolved, 4) the issues that remain to be resolved or that remain for
`
`trial, and 5) a proposed timetable for resolution of the unresolved issues.
`
`Appropriately designated confidential information or materials may be filed under
`
`seal and will be barred from public viewing. See Trademark Rule 2.126(c); TBMP
`
`§§ 120.02 and 502.02(c).
`
`Due to the requirement for a progress report, the parties can no longer use
`
`the ESTTA consent motions form to file future motions to suspend or extend.
`
`Absent a progress report as required above, a motion to suspend or extend
`
`may be denied, even if consented to by the parties. If the Board denies such a
`
`motion, dates may remain as previously set. See TBMP § 509.01(a).
`
`
`
`
`
`2

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