Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA696081
`ESTTA Tracking number:
`09/15/2015
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91212905
`Plaintiff
`EMI (IP) Limited
`BRENT S LABARGE
`C/O UNIVERSAL MUSIC GROUP
`2220 COLORADO AVENUE
`SANTA MONICA, CA 90404
`UNITED STATES
`brent.labarge@umusic.com, melissa.battino@umusic.com,
`nicole.villacorta@umusic.com
`Motion to Suspend for Settlement Discussions
`Brent S. LaBarge
`brent.labarge@umusic.com, nicole.villacorta@umusic.com
`/Brent S. LaBarge/
`09/15/2015
`2015-09-15 MUSIC NOW -- Motion for Suspension for Settlement with Con-
`sent.pdf(14100 bytes )
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`Proceeding
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`Correspondence
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`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. 91212905
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`Opposer,
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`Applicant.
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`In the matter of Application Serial No. 78/835,315
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`EMI (IP) LIMITED
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`OCC ESTABLISHMENT,
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`-and-
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`In the matter of Registration No. 2,100,606
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`EMI (IP) LIMITED
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`OCC ESTABLISHMENT,
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`Petitioner,
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`Respondent.
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`) Cancellation No. 92058236
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`MOTION FOR SUSPENSION FOR SETTLEMENT WITH CONSENT
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`EMI (IP) Limited (“EMI”) hereby moves, with consent, to suspend the discovery and
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`trial deadlines in this matter by sixty (60) days pursuant to 37 C.F.R. § 2.117 and T.B.M.P. §
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`510.
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`Pursuant to the Board’s order of March 23, 2015, as good cause therefor, the parties state
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`that they have actively been engaged in settlement discussions, with the most recent
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`counterproposal exchanged on September 10, 2015. The parties have tentatively agreed on
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`several outstanding issues and expect that continued negotiations will result in a final resolution
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`of this dispute.
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`The parties ideally hope to reach a settlement with worldwide applicability, which
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`requires input from a third party that is not involved in the present proceedings. Within the
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`European Economic Area, Sony Music Entertainment UK Limited owns the rights to the NOW
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`Marks asserted by EMI in these proceedings. EMI owns the NOW Marks everywhere else. The
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`European Commission required this division of ownership as a condition of granting regulatory
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`approval for Universal Music Group’s acquisition of the recorded music business of EMI (see
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`generally http://europa.eu/rapid/press-release_IP-12-999_en.htm). The legal complexities of this
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`ownership structure and the level of input needed from each owner’s business units account for
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`the time spent negotiating settlement. The parties expect to circulate a draft of a proposed
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`settlement agreement in the near future.
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`EMI has secured the express consent of all other parties to this proceeding for the
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`suspension requested herein.
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`Dates as Reset:
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`Time to Answer : CLOSED
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`Deadline for Discovery Conference : CLOSED
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`Discovery Opens : CLOSED
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`Initial Disclosures Due : CLOSED
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`Expert Disclosure Due : CLOSED
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`Discovery Closes : November 15, 2015
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`Plaintiff’s Pretrial Disclosures : December 30, 2015
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`Plaintiff’s 30-day Trial Period Ends : February 13, 2016
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`Defendant’s Pretrial Disclosures : February 28, 2016
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`Defendant’s 30-day Trial Period Ends : April 13, 2016
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`Plaintiff’s Rebuttal Disclosures : April 28, 2016
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`Plaintiff’s 15-day Rebuttal Period Ends : May 28, 2016
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`Respectfully submitted,
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`EMI (IP) LIMITED
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`/s/Brent S. LaBarge/
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`By:
`Brent S. LaBarge
`c/o Universal Music Group
`2220 Colorado Avenue
`Santa Monica, California 90404
`Telephone: (310) 865-1708
`Email: brent.labarge@umusic.com
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`Attorneys for EMI (IP) Limited
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`Dated: September 15, 2015
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing Motion for Suspension for
`Settlement with Consent has been served by electronically transmitting said copy, with the
`consent of OCC Establishment, on September 15, 2015, to:
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`Christopher Weimer, Esq.
`Norton Rose Fulbright US LLP
`98 San Jacinto Blvd, Suite 1100
`Austin, TX 78701-4078
`orbitmarks@nortonrosefulbright.com;
`chris.weimer@nortonrosefulbright.com
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`s/Brent S. LaBarge/
` Brent S. LaBarge
