`ESTTA658655
`ESTTA Tracking number:
`03/02/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91212905
`Defendant
`OCC Establishment
`CHRISTOPHER WEIMER
`FULBRIGHT & JAWORSKI LLP
`98 SAN JACINTO BLVD SUITE 1100
`AUSTIN, TX 78701
`UNITED STATES
`orbitmarks@nortonrosefulbright.com
`Motion to Suspend for Settlement Discussions
`Christopher Weimer
`orbitmarks@nortonrosefulbright.com
`/Christopher Weimer/
`03/02/2015
`Motion to Suspend Trial Discovery - Proc. 91212905 v. EMI (IP) Lim-
`ited.pdf(18983 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
`
`
`
`In the matter of Application Serial No.: 78/835,315
`For the mark: MUSIC NOW
`Filed: March 13, 2006
`Published in the Official Gazette on June 11, 2013
`
`In the matter of Registration No.: 2,100,606
`For the mark: MUSIC NOW & Design
`Filed: October 04, 1994
`Registered: September 30, 1997
`
`EMI (IP) Limited,
`
`
`
`
`Opposition No. 91212905 (Parent)
`Cancellation No. 92058236
`
`
`Opposer,
`
`
`
`
`v.
`
`OCC Establishment
`
`Applicant
`
`
`
`
`
`MOTION FOR SUSPENSION FOR SETTLEMENT WITH CONSENT
`
`OCC Establishment hereby moves, with consent, to suspend the discovery and trial
`
`deadlines in this matter by sixty (60) days pursuant to 37 CFR § 2.117 and TBMP § 510.
`
`The parties hereby move to reset the dates as noted below.
`
`
`Initial Disclosures Due
`
`Expert Disclosures Due
`
`Discovery Closes
`
`
`
`
`
`
`
`
`
`Plaintiff's Pretrial Disclosures
`
`Plaintiff's 30-day Trial Period Ends
`
`Defendant’s Pretrial Disclosures
`
`
`
`
`
`
`
`
`
`
`
`
`
`Defendant’s 30-day Trial Period Ends
`
`Plaintiff’s Rebuttal Disclosures
`
`
`
`Plaintiff’s 15-day Rebuttal Period Ends
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`04/30/2015
`
`08/28/2015
`
`09/27/2015
`
`11/11/2015
`
`12/26/2015
`
`01/10/2016
`
`02/24/2016
`
`03/10/2016
`
`04/09/2016
`
`Motion to Suspend Trial Discovery - Proc. 91212905 v. EMI (IP) Limited.docx
`
`-1-
`
`
`
`The grounds for this request are as follows:
`
`Parties are engaged in settlement discussions
`
`OCC Establishment has secured the express consent of all other parties to this proceeding
`
`Respectfully submitted,
`
`
`
`By:
`
`/s/ Christopher Weimer
`Christopher Weimer
`Norton Rose Fulbright US LLP
`98 San Jacinto Blvd, Suite 1100
`Austin, TX 78701-4078
`(512) 474-5201
`
`ATTORNEYS FOR APPLICANT
`OCC ESTABLISHMENT
`
`for the extension requested herein.
`
`
`
`
`
`Dated: March 2, 2015
`
`
`
`
`
`
`
`
`
`
`Motion to Suspend Trial Discovery - Proc. 91212905 v. EMI (IP) Limited.docx
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing, MOTION FOR
`
`
`
`SUSPENSION FOR SETTLEMENT WITH CONSENT has been served on Applicant via email
`
`and first class mail on March 2, 2015 to:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BRENT S LABARGE
`UNIVERSAL MUSIC GROUP
` 2220 COLORADO AVE
`SANTA MONICA, CA 90404
`brent.labarge@umusic.com, melissa.battino@umusic.com,
`nicole.villacorta@umusic.com
`
`
`/s/ Erin M. Molson
`Erin M. Molson
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Motion to Suspend Trial Discovery - Proc. 91212905 v. EMI (IP) Limited.docx
`
`-3-

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