Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA819725
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`Filing date:
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`05/09/2017
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91212905
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Signature
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`Date
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`Defendant
`OCC Establishment
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`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
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`Motion to Suspend for Settlement Discussions
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`Christopher Weimer
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`orbitmarks@nortonrosefulbright.com, chris.weimer@nortonrosefulbright.com
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`/christopher weimer/
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`05/09/2017
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`Attachments
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`EMI-Motion for Suspension.pdf(28601 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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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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`Opposer,
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`v.
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`OCC ESTABLISHMENT,
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`Applicant.
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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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`Petitioner,
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`v.
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`OCC ESTABLISHMENT,
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`Respondent.
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`) Opposition No. 91212905
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`) Cancellation No. 92058236
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`MOTION FOR SUSPENSION FOR SETTLEMENT WITH CONSENT
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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 March 13, 2017, as good cause therefor, the parties
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`state that they have continued to be actively engaged in settlement discussions and provide
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`the following detailed report. Specifically, EMI has offered a counterproposal to OCC with
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`further proposed revisions. This was sent after the parties participated in a telephone
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`conference regarding the counterproposal EMI received from OCC Establishment (“OCC”).
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`The counterproposal remains under the consideration of OCC. At this time, the parties need
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`additional time to continue working toward a potential settlement. However, as previously
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`stated, the parties have agreed in principle on several outstanding issues and expect that
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`continued negotiations will result in a final resolution of this dispute.
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`OCC has secured the express consent of all other parties to this proceeding for the
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`CLOSED
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`CLOSED
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`CLOSED
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`CLOSED
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`CLOSED
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`July 8, 2017
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`August 21, 2017
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`October 7, 2017
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`October 21, 2017
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`December 4, 2017
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`December 19, 2017
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`January 20, 2018
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`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 :
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`Plaintiff's Rebuttal Disclosures :
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`Plaintiff's 15-day Rebuttal Period Ends :
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`Dated: May 9, 2017
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`Respectfully submitted,
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`/s/Christopher Weimer/
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`Christopher Weimer
`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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`Attorneys for OCC Establishment
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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 today Tuesday,
`May 09, 2017, to:
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`EMI (IP) LIMITED
`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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`/s/Ruth H. Przygoda/
`Ruth H. Przygoda
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