`
`ESTTA Tracking number:
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`ESTTA732966
`
`Filing date:
`
`03/11/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91212905
`
`Party
`
`Correspondence
`Address
`
`Defendant
`OCC Establishment
`
`CHRISTOPHER WEIMER
`NORTON ROSE FULBRIGHT US LLP
`98 SAN JACINTO BLVD SUITE 1100
`AUSTIN, TX 78701-4078
`UNITED STATES
`orbitmarks@nortonrosefulbright.com, chris.weimer@nortonrosefulbright.com
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Motion to Suspend for Settlement Discussions
`
`Christopher Weimer
`
`chris.weimer@nortonrosefulbright.com
`
`/Christopher Weimer/
`
`03/11/2016
`
`Attachments
`
`EMI v OCC - Motion to Suspend.pdf(13116 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Opposer,
`
`
`
`
`
`
`
`
`
`Applicant.
`
`In the matter of Application Serial No. 78/835,315
`
`EMI (IP) LIMITED
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`OCC ESTABLISHMENT,
`
`
`
`
`-and-
`
`In the matter of Registration No. 2,100,606
`
`EMI (IP) LIMITED
`
`
`
`
`
`
`
`v.
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`
`
`
`
`OCC ESTABLISHMENT,
`
`
`
`
`
`
`
`
`
`
` Opposition No. 91212905
`
`
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`)
`)
`)
`)
`)
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`)
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`)
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`)
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`) Cancellation No. 92058236
`)
`
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`)
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`)
`)
`)
`
`Petitioner,
`
`
`
`
`
`
`
`
`
`Respondent.
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`MOTION FOR SUSPENSION FOR SETTLEMENT WITH CONSENT
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`
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`OCC Establishment hereby moves, with consent, to suspend the discovery and trial
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`deadlines in this matter by sixty (60) days pursuant to 37 C.F.R. § 2.117 and T.B.M.P. § 510.
`
`
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`Pursuant to the Board’s order of January 19, 2016, as good cause therefor, the parties
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`state that they have actively been engaged in settlement discussions and provide the following
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`detailed report. Specifically, counsel for OCC Establishment, Respondent, has received a
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`counterproposal from EMI, which EMI had discussed both internally and with an unaffiliated
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`entity, Sony Music Entertainment UK (which owns the NOW Marks within the European
`
`
`
`Economic Area). In turn, OCC has taken EMI’s counterproposals to its management for further
`
`consideration. OCC’s management has reviewed the counterproposal and OCC expects to
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`provide substantive commentary to EMI’s counsel in the coming days. Given the scope of the
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`counterproposal and the scope of the rights at issue, the parties seek more time to review and
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`discuss the current proposal and counterproposal.
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`The parties have tentatively agreed on several outstanding issues and expect that continued
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`negotiations will result in a final resolution of this dispute.
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`
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`OCC Establishment has secured the express consent of all other parties to this proceeding
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`for the suspension requested herein.
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`Dates as Reset:
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`Time to Answer :
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`Deadline for Discovery Conference :
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`Discovery Opens :
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`Initial Disclosures Due :
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`Expert Disclosures Due :
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`Discovery Period to Close :
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`Plaintiff Pretrial Disclosures :
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`Plaintiff's 30-day Trial Period Ends :
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`Defendant's Pretrial Disclosures :
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`Defendant's 30-day Trial Period ends :
`
`Plaintiff's Rebuttal Disclosures :
`
`CLOSED
`
`CLOSED
`
`CLOSED
`
`CLOSED
`
`CLOSED
`
`May 13, 2016
`
`June 27, 2016
`
`August 11, 2016
`
`August 26, 2016
`
`October 10, 2016
`
`October 25, 2016
`
`Plaintiff's 15-day Rebuttal Period Ends :
`
`November 24, 2016
`
`Respectfully submitted,
`
`OCC ESTABLISHMENT
`
`By: /s/Christopher Weimer
`Christopher Weimer
`Norton Rose Fulbright US LLP
`98 San Jacinto Blvd, Suite 1100
`
`
`
`
`
`2
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`
`
`Dated: March 11, 2016
`
`
`
`
`
`
`
`Austin, TX 78701-4078
`(512) 474-5201
`
`Attorneys for OCC ESTABLISHMENT
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`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 EMI (IP) Limited, on March 11, 2016, 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
`
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`s/Christopher Weimer/
` Christopher Weimer
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`
`3

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