Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA639755
`ESTTA Tracking number:
`11/18/2014
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91214673
`Defendant
`Future Publishing Limited
`ROBERT N PHILLIPS
`REED SMITH LLP
`101 SECOND STREET, SUITE 1800
`SAN FRANCISCO, CA 94105
`UNITED STATES
`IPDocket-CHI@reedsmith.com, robphillips@reedsmith.com, nbor-
`ders@reedsmith.com, dkalahele@reedsmith.com
`Other Motions/Papers
`Robert N. Phillips
`robphillips@reedsmith.com, jcullis@reedsmith.com, mbenson@reedsmith.com,
`IPDocket-CHI@reedsmith.com
`/Robert N. Phillips/
`11/18/2014
`Applicant's Response To Opposer's Response To Reply Brief.pdf(78627 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
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`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`EDGE GAMES, INC.,
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`Opposer,
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`V.
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`Opposition No. 91214673
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`FUTURE PUBLISHING LIMITED,
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`Applicant.
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`APPLICANT’S RESPONSE TO OPPOSER’S
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`RESPONSE TO REPLY BRIEF IN SUPPORT OF MOTION FOR PARTIAL
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`JUDGMENT ON THE PLEADINGS AND OPPOSER’S STIPULATION
`REGARDING OPPOSER’S GROUNDS FOR OPPOSITION
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`On November 8, 2014, Edge Games, Inc. (“Opposer”) improperly filed its Response to
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`Reply Brief in Support of Motion for Partial Judgment on the Pleadings (the “Response to Reply
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`Brief”). Dkt. 16. On that same day, both as an exhibit to the Response to Reply Brief, and as its
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`own separate filing, Opposer also improperly filed Stipulation Regarding Opposer’s Grounds for
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`Opposition (the “Purported Stipulation”). See Dkt. 16, Ex. A; Dkt. 17. Because both the
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`Response to Reply Brief and the Purposed Stipulation are improper, Future Publishing Limited
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`(“Applicant”) respectfully requests that the Board disregard them.
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`In accordance with proper motion practice before the Board, only a (i) motion; (ii)
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`response in opposition to the motion; and (iii) reply in support of the motion, are permitted to be
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`filed under the Trademark Rules. The Trademark Rules preclude the filing of any further
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`responsive briefs following the filing of a reply brief. As such, the Board will consider no fiirther
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`papers in support of, or in opposition to, a motion. See 37 C.F.R. § 2.l27(a).
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`US_ACT|VE-120007692.3~MATHELWE
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`While Applicant understands that briefing on App1icant’s Motion for Partial Judgment on
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`the Pleadings and Request for Suspension of the Proceeding, Dkt. 9, is complete, it wishes to
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`clarify that Applicant has n_0t stipulated to Opposer’s Purported Stipulation, despite the
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`misleading and incorrect title and substance of Opposer’s filings.
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`As a result, Opposer’s Response to Reply Brief and Purported Stipulation are improper
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`and should be given no consideration. Consequently, Applicant respectfully requests that the
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`Board disregard them.
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`Dated: November 18, 2014
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`Respectfully submitted,
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`/Robert N. PhilliQs/
`By:
`Robert N. Phillips
`Reed Smith LLP
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`101 Second Street
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`San Francisco, CA 94105
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`John A. Cullis
`Reed Smith LLP
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`10 South Wacker, 40th Floor
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`Chicago, IL 60606
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`Attorneys for Applicant Future Publishing Limited
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`CERTIFICATE OF SERVICE
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`I, John A. Cullis, an attorney for Applicant, state that I served a true and correct copy of
`Applicant’s Response to Opposer’s Response To Reply Brief in Support of Motion for Partial
`Judgment on the Pleadings and Opposer’s Stipulation Regarding Opposer’s Grounds for
`Opposition upon Opposer as follows:
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`Dr. Tim Langdell, CEO
`EDGE Games, Inc.
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`530 South Lake Avenue, Suite 171
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`Pasadena, CA 91101
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`via First Class U.S. Mail on November 18, 2014.
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`/John A. Cullz's/
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`John A. Cullis
