Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA758636
`
`Filing date:
`
`07/15/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91214673
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`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, dkalahele@reedsmith.com
`
`/s/ Robert N. Phillips
`
`07/15/2016
`
`2016-07-15 Future PLC Correspondence to TTAB Re Public Filing of 10-15-04
`Concurrent Trading Agreement and Deed of Trademark Assignment.pdf(679049
`bytes )
`
`
`
`Reed Smith LLP
`101 Second Street
`Suite 1800
`San Francisco, CA 94105-3659
`Tel +1 415 543 8700
`Fax +1 415 391 8269
`reedsmith Com
`
`Reed
`
`.
`.
`R.°b°” ”- P“""P$
`Direct Phone: +1 415 659 5953
`Email:
`robphi|lips@reedsmith.com
`
`July 15, 2016
`
`Elizabeth J. Winter
`
`interlocutory Attorney
`Trademark Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1451
`
`Alexandria, VA 22313-1451
`
`Re: Edge Games, Inc. v. Future Publishing Ltd., Opposition No. 91214673;
`Cancellation No. 92062034
`
`Dear Ms. Winter:
`
`This will confirm that Future Publishing has no objection to the complete public filing of the October
`15, 2004 Concurrent Trading Agreement and Deed of Trademark Assignment that was filed completely
`redacted by Edge Games.
`
`The confidentiality clause appears to cover information received or obtained as a result of the
`agreement, and the negotiations leading up to the agreement, but not the agreement itself (see clause
`6.8(a)).
`
`The agreement itself allows disclosure of confidential information for legal proceedings (see clause
`6.8(b)(i)).
`
`Substantial portions were referenced in a publicly available Particulars of Claim filed in a UK action.
`
`The entire agreement was annexed unredacted to Mr. Langdell's First Witness Statement and Mark
`Millar’s Third Statement in the UK High Court proceedings in 2010 (which we believe are also publicly
`available —— although one might need to make an application to see it).
`
`Substantial portions are also reproduced in the Judgment of Proudman J (see para 42 onwards here
`http://www.bailii.org/ew/cases/EWHC/Ch/2011/1489.html) which confirmed the termination of the
`agreement by Future due to Edge’s repudiatory breaches.
`
`Therefore, we submit that no redaction of the agreement is necessary, and that Edge’s full redaction is
`not in compliance with the Board’s rules.
`
`ABU DHABI 0 ATHENS 0 BEIJING 0 CENTURY CITY 0 CHICAGO 0 DUBAI 0 FRANKFURT 0 HONG KONG O HOUSTON 9 KAZAKHSTAN 9 LONDON 0 LOS ANGELES 9 MUNICH 9 NEW YORK 6 PARIS
`PHILADELPHIA 9 PITTSBURGH O PRINCETON ORICHMOND 0 SAN FRANCISCO 6 SHANGHAI 0 SILICON VALLEY 9 SINGAPORE 9 TYSONS 6 WASHINGTON, D.C. O WILMINGTON
`
`US_ACT|VE-127715287.1-RNPHILLI 07/15/2016 2:31 PM
`
`
`
`Elizabeth Winter
`July 15, 2016
`Page 2
`
`Feel free to Contact me if you have any questions.
`
`Thank you,
`
`Very truly yours,
`
`
`Q
`
`Robert N. Phillips
`Counsel for Future Pubhs ing
`
`RNP:dk
