Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA878412
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`Filing date:
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`02/20/2018
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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 email
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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
`Email: 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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`aoipdocket@nortonrosefulbright.com, orbitmarks@nortonrosefulbright.com,
`chris.weimer@nortonrosefulbright.com, ruth.przygoda@nortonrosefulbright.com
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`Signature
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`Date
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`/Christopher Weimer/
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`02/20/2018
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`Attachments
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`Motion to Suspend.pdf(82934 bytes )
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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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`Cancellation No. 92058236
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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,
` 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,
`Respondent.
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`RESPONDENT’S MOTION TO SUSPEND
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`The parties to this proceeding have been engaged in discussions seeking to achieve
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`settlement. Such discussions have been lengthy, in part because the parties seek to reach a global
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`settlement agreement, and in part because such discussions include an unaffiliated entity, Sony
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`Music Entertainment UK (which owns the NOW Marks within the European Economic Area).
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`In September 2017, Counsel for Respondent OCC Establishment conveyed comments and
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`counter-proposals to counsel for EMI. As of the time of this filing, OCC Establishment has not
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`received EMI’s response to these comments and proposals. To allow time for Petitioner to provide
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`its response to OCC Establishment’s most recent comments and counter-proposal, and to enable
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`the parties to continue discussing a potential amicable resolution, OCC Establishment seeks to
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`suspend this proceeding for 30 days, re-setting case deadlines as set forth below.
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`OCC Establishment asserts that the parties’ good faith efforts to achieve a settlement
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`agreement establish good cause for entry of this motion.
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`OCC has sought EMI’s consent to this motion, but as of the time of this filing, has not
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`received communication from EMI. Consequently and out of caution, should this Motion to
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`Suspend be denied, OCC Establishment respectfully reserves its right to offer evidence in this
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`proceeding pursuant to 37 CFR § 2.132(a), because Plaintiff’s testimony period has passed and
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`Plaintiff has not taken testimony or offered any evidence. See TBMP § 534.02.
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`Dates as Reset:
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`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Period to Close
`Plaintiff 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
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`Dated: February 20, 2018
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`CLOSED
`CLOSED
`CLOSED
`CLOSED
`CLOSED
`CLOSED
`CLOSED
`CLOSED
`03/18/2018
`05/04/2018
`05/19/2018
`06/18/2018
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`Respectfully submitted,
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`/Christopher Weimer/
`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 it today Tuesday,
`February 20, 2018, to counsel of record:
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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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`/ Christopher M. Weimer /
`Christopher M. Weimer
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