throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA640295
`ESTTA Tracking number:
`11/20/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91215187
`Defendant
`Empire Resorts, Inc.
`CHARLES N QUINN
`FOX ROTHSCHILD LLP
`747 CONSTITUTION DRIVE LLP, SUITE 100
`EXTON, PA 19341
`UNITED STATES
`cquinn@foxrothschild.com, dmcgregor@foxrothschild.com,
`cesch@foxrothschild.com, ipdocket@foxrothschild.com, dwilli-
`ams@foxrothschild.com
`Other Motions/Papers
`Darcy A. Williams
`dwilliams@foxrothschild.com, cquinn@foxrothschild.com, dmc-
`gregor@foxrothschild.com, cesch@foxrothschild.com
`/Darcy A. Williams/
`11/20/2014
`28206193_1_MOTION FOR PROTECTIVE ORDER (AS FILED 11_20_2014)
`91215187.PDF(90777 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`

`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition: 91215187
`
`Application: 85/734,672
`
`Mark: Me. (stylized)
`
`: : : : : : : :
`
`_____________________________________
`
`DORPAN, S.L.,
`Opposer/Counterclaim Respondent
`
`v.
`
`EMPIRE RESORTS, INC.,
`Applicant/Counterclaimant
`______________________________________
`
`APPLICANT’S MOTION FOR PROTECTIVE ORDER
`
`Applicant/Counterclaimant, Empire Resorts, Inc. (“Empire”), moves the Board for a
`
`Protective Order relating to Empire’s obligation to serve responses and objections to
`
`Opposer/Counterclaim Respondent, Dorpan S.L.’s (“Dorpan”) First Set of Interrogatories.
`
`On September 30, 2014, Dorpan served consolidated Interrogatories and Requests for
`
`Production of Documents on Empire in this proceeding.
`
`Dorpan graciously granted Empire extensions of time to respond to Dorpan’s outstanding
`
`discovery requests such that Empire’s responses are due on or before November 20, 2014. By
`
`correspondence dated November 13, 2014, Dorpan’s Counsel indicated that its client would be
`
`disinclined to offer any further extensions of time to respond to Dorpan’s pending discovery
`
`requests.
`
`Although Empire is able to timely respond to Dorpan’s Request for Production of
`
`Documents, Counsel for Empire has recently been struggling with extremely time-consuming
`
`patent infringement litigation in the United States District Court for New Jersey in the matter of
`
`28202645v1
`
`89798.40201/pleadings
`
`1
`
`

`
`Ronald Mark Associates, Inc. v. StonCor Group, Inc., No. 1:13-CV-07446-RMB-JS.
`
`Consequently, Empire’s Counsel is unable to coordinate with Empire’s employees to adequately
`
`respond to Dorpan’s First Set of Interrogatories. Responding to Dorpan’s First Set of
`
`Interrogatories by November 20, 2014, represents an undue burden to Empire.
`
`Based on the above good cause, and pursuant to 37 CFR § 2.120(f), Empire respectfully
`
`requests that the Board enter a Protective Order specifying that Empire’s answers and objections
`
`to Dorpan’s First Set of Interrogatories are due thirty (30) days from the date hereof, December
`
`20, 2014.
`
`FOX ROTHSCHILD LLP
`
`/Darcy A. Williams/
`Darcy A. Williams, Esquire
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`(610) 458-7500 – Telephone
`(610) 458-7337 – Facsimile
`cquinn@foxrothschild.com
`Attorneys for Applicant
`
`Date: November 20, 2014
`
`28202645v1
`
`89798.40201/pleadings
`
`2
`
`

`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition: 91215187
`
`Application: 85/734,672
`
`Mark: Me. (stylized)
`
`: : : : : : : :
`
`_____________________________________
`
`DORPAN, S.L.,
`Opposer/Counterclaim Respondent
`
`v.
`
`EMPIRE RESORTS, INC.,
`Applicant/Counterclaimant
`______________________________________
`
`CERTIFICATE OF SERVICE
`
`I, Darcy A. Williams, of full age, by way of certification, state that a copy of Applicant
`
`Empire Resorts, Inc.’s Motion for Protective Order was served on Opposer’s counsel on the date
`
`set forth below via electronic mail addressed as follows:
`
`Susan Upton Douglass
`Michael Chiapetta
`Fross, Zelnick Lehrman & Zissu, P.C.
`866 United Nations Plaza
`New York, NY 10017
`sdouglass@frosszelnick.com
`Mchiapetta@fzlz.com
`
`Date: November 20, 2014
`
`/Darcy A. Williams/
`Darcy A. Williams, Esquire
`Fox Rothschild LLP
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`Tel: 610-458-4984
`Fax: 610-458-7337
`email: cquinn@foxrothschild.com
`Attorneys for Applicant
`
`28202645v1
`
`89798.40201/pleadings
`
`3
`
`

`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition: 91215187
`
`Application: 85/734,672
`
`Mark: Me. (stylized)
`
`: : : : : : : :
`
`_____________________________________
`
`DORPAN, S.L.,
`Opposer/Counterclaim Respondent
`
`v.
`
`EMPIRE RESORTS, INC.,
`Applicant/Counterclaimant
`______________________________________
`
`DECLARATION OF DARCY A. WILLIAMS
`
`1.
`
`I, Darcy A. Williams, hereby declare that I am a lawful resident of the United
`
`States, residing at 56 Stone Hill Drive, Pottstown, Pennsylvania, 19464, a staff attorney in the
`
`law firm of Fox Rothschild LLP having my principal office at 747 Constitution Drive, Suite 100,
`
`Exton, Pennsylvania, 19341, a member in good standing of the Bar of the Supreme Court of the
`
`Commonwealth of Pennsylvania holding registration number 201072 therein, and am an attorney
`
`of record for the applicant, Empire Resorts, Inc., in the above-referenced matter.
`
`2.
`
`On September 30, 2014, Dorpan served consolidated Interrogatories and Requests
`
`for Production of Documents on Empire in this proceeding.
`
`3.
`
`Dorpan granted Empire extensions of time to respond to Dorpan’s outstanding
`
`discovery requests such that Empire’s responses are due on or before November 20, 2014.
`
`4.
`
`By correspondence dated November 13, 2014, Dorpan’s Counsel indicated that its
`
`client would be disinclined to offer any further extensions of time to respond to Dorpan’s
`
`pending discovery requests.
`
`5.
`
`Accordingly, Dorpan’s counsel indicated that any further good faith efforts
`
`regarding extensions beyond those already conducted will be fruitless.
`
`28202645v1
`
`89798.40201/pleadings
`
`4
`
`

`
`6.
`
`Empire is able to timely respond to Dorpan’s Request for Production of
`
`Documents, Counsel for Empire has recently been struggling with extremely time-consuming
`
`patent infringement litigation in the United States District Court for New Jersey in the matter of
`
`Ronald Mark Associates, Inc. v. StonCor Group, Inc., No. 1:13-CV-07446-RMB-JS.
`
`Consequently, Empire’s Counsel is unable to coordinate with Empire’s employees to adequately
`
`respond to Dorpan’s First Set of Interrogatories. Responding to Dorpan’s First Set of
`
`Interrogatories by November 20, 2014, represents an undue burden to Empire.
`
`7.
`
`I hereby declare, under penalty of perjury pursuant to 28 U.S.C. §1746, that all
`
`statements made herein are true and that all statements made herein on information and belief are
`
`believed to be true and further that I realize that false statements and the like so made herein are
`
`punishable by fine, or imprisonment or both, under 18 U.S.C. § 1001 et seq.
`
`Respectfully submitted,
`
`FOX ROTHSCHILD LLP
`
`/Darcy A. Williams/
`Darcy A. Williams
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`Tel: 610-458-4984
`cquinn@foxrothschild.com
`dwilliams@foxrothschild.com
`Attorneys for Opposer
`
`Dated: November 20, 2014
`
`28202645v1
`
`89798.40201/pleadings
`
`5

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