Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA690567
`ESTTA Tracking number:
`08/19/2015
`
`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
`Motion for Sanctions
`Robert N. Phillips
`robphillips@reedsmith.com
`/Robert N. Phillips/
`08/19/2015
`Applicant's Reply to Opposer's Response to Applicant's Objection to Opposer's
`Stay of Abandonment [Public Version].pdf(147592 bytes )
`Phillips Decl ISO Applicant's Reply to Opposer's Response to Applicant's Objec-
`tion to Opposer's Stay of Abandonment [Public Version].pdf(138073 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
`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial Nos. 85/153,981 and 85/153,958
`Published in the Official Gazette on October 1, 2013
`Marks: EDGE and EDGE (Stylized)
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`--------------------------------------------------------
`EDGE GAMES, INC.
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`
`:
`Opposer,
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`:
`-against-
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`
`:
`FUTURE PUBLISHING LIMITED
`:
`Applicant.
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`:
`--------------------------------------------------------
`Box TTAB
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`Opposition No. 91214673
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`APPLICANT’S REPLY TO OPPOSER’S RESPONSE TO APPLICANT’S OBJECTION TO
`OPPOSER’S “STAY OF ABANDONMENT” [PUBLIC VERSION]
`
`Applicant Future Publishing Limited respectfully submits that Opposer Edge Games’ Response
`filed at Docket No. 38 is filled with outright, blatant lies to the Board. Attached hereto as Exhibit A
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`
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`under seal is the chronology of email correspondence between the Opposer and the undersigned
`regarding Opposer’s consent to the abandonment of the subject applications. The actual emails are
`attached to the Declaration of Robert N. Phillips submitted herewith under seal. These documents prove
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`beyond any doubt whatsoever that Opposer intended to mislead the Board by making the following
`grossly false statements in its recent filing at Docket No. 38: that there is an “unresolved settlement
`proposal that would assign the ‘981 mark to Opposer rather than abandon it”, that “the parties are still
`clarifying if mutual agreed terms were reached”, and that “there may be inter-party disagreement as the
`terms of the abandonment.”
`
`Nothing could be further from the truth, as the Board will immediately see upon review of the
`subject correspondence. After repeated requests that Applicant assign the ‘981 application rather than
`abandon it (which were unequivocally rejected by Applicant each time), Opposer consented to the
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`abandonment. Not only that, Opposer sent Applicant two follow up emails wherein Opposer
`acknowledged Applicant’s unwillingness to assign the ‘981 application and reaffirmed Opposer’s
`consent to the abandonment. There is no unresolved settlement proposal that would asssign the ‘981
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`

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`mark. As Applicant repeatedly stated to Opposer in writing, assignment is “not an option”, “rejected”,
`and “out of the question.”
`Opposer’s well documented, repeated perjurious behavior before this tribunal (in this and other
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`Board proceedings) is a disgrace. It is a drain on the Board’s valuable resources. It is a misuse and
`abuse of the system. It wastes the Board and adverse parties’ time, and causes the parties to incur
`substantial legal fees. The Board should not tolerate this any further. This misconduct should be met
`with a swift, immediate and permanent reprisal. Opposer’s blatantly dishonest statements warrant the
`ultimate sanction: that Opposer be forever barred from participating in any Board proceedings in
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`perpetuity. In addition, Applicant requests immediate entry of an order confirming abandonment of the
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`subject applications and terminating this proceeding.
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`Dated: August 19, 2015
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`
`
`/s/ Robert N. Phillips
`Robert N. Phillips
`Reed Smith LLP
`10 Second Street
`San Francisco, CA 94105
`Attorneys for Applicant
`Future Publishing Limited
`
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`2
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`

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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing APPLICANT’S REPLY TO OPPOSER’S
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`RESPONSE TO TO APPLICANT’S OBJECTION TO OPPOSER’S “STAY OF ABANDONMENT”
`
`[PUBLIC VERSION] was served on Opposer via first class mail on August 19, 2015.
`
`
`Dr. Tim Landell
`Edge Games, Inc.
`530 South Lake Avenue, Suite 171
`Pasadena, California 91101
`Telephone: (626) 449-4334
`Facsimile: (626) 844-4334
`Email: tim@edgegames.com
`
`/s/ Robert N. Phillips
`Robert N. Phillips
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`3
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`EXHIBIT A
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`APPLICANT’S REPLY TO OPPOSER’S RESPONSE TO
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` APPLICANT’S OBJECTION TO OPPOSER’S “STAY OF ABANDONMENT”
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`Chronology of Email Correspondence Between Applicant and Opposer
`
` [Filed Under Seal – Case No. 91214673]
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`
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`4
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`EDGE GAMES, INC.,
`
`
`
`
`
`
`
`Opposer,
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`
`
`v.
`
`Opposition No. 91214673
`
`FUTURE PUBLISHING LIMITED,
`
`
`
`
`
`Applicant.
`
`
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`DECLARATION OF ROBERT N. PHILLIPS IN SUPPORT OF APPLICANT’S REPLY
`TO OPPOSER’S RESPONSE TO APPLICANT’S OBJETIONS TO OPPOSER’S STAY
`OF ABANDONMENT [PUBLIC VERSION]
`
`I, Robert N. Phillips, declare:
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`1.
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`I am an attorney at law licensed to practice in the State of California and a partner
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`of Reed Smith LLP, attorneys of record for Applicant Future Publishing Limited (“Applicant”).
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`The matters set forth in this declaration are based upon my personal knowledge, except where
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`otherwise indicated, and if called as a witness I could and would testify competently thereto.
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`2.
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`Attached hereto as Exhibit A are true and correct copies of all email
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`correspondence between myself and Dr. Tim Langdell, CEO of pro se Opposer Edge Games, on
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`August 13, 14, and 15, , 2015.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct. Executed this 29th day of June, 2015, at San Francisco, California.
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`/s/ Robert N. Phillips
`Robert N. Phillips
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`By:
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the foregoing DECLARATION OF ROBERT N.
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`PHILLIPS IN SUPPORT OF APPLICANT’S REPLY TO OPPOSER’S RESPONSE TO
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`APPLICANT’S OBJECTION OT OPPOSER’S “STAY OF ABANDONMENT” was served on
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`Opposer via First Class U.S. Mail, postage prepaid on August 19, 2015.
`
`Dr. Tim Landell
`Edge Games, Inc.
`530 South Lake Avenue, Suite 171
`Pasadena, CA 91101
`Phone: (626)449-4334
`Fax: (626) 844-4334
`Email: tim@edgegames.com
`
`
`
`/s/ Nancy Tuttle
`Nancy Tuttle
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