throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA640293
`ESTTA Tracking number:
`11/20/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91215247
`Defendant
`Empire Resorts, Inc.
`CHARLES N QUINN
`FOX ROTHSCHILD LLP
`2000 MARKET ST , 20TH FLOOR
`PHILADELPHIA, PA 19103-3222
`UNITED STATES
`cquinn@foxrothschild.com, dmcgregor@foxrothschild.com,
`cesch@foxrothschild.com, ipdocket@foxrothschild.com, dwilli-
`ams@foxrothschild.com,cquinn@frof.co
`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
`28206077_1_MOTION FOR PROTECTIVE ORDER (AS FILED 11_20_2014)
`91215247.PDF(102259 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 91215247
`
`Application 85/734,672
`
`Mark: “ME. (stylized)”
`
`Class: 43
`
`Interlocutory Attorney:
`Yong Oh (Richard) Kim
`
`: : : : : : : : :
`
`__________________________________________
`
`LVGV, LLC
`
`Empire Resorts, Inc.
`
`Opposer
`
`v.
`
`Applicant
`
`__________________________________________
`
`APPLICANT’S MOTION FOR PROTECTIVE ORDER
`
`Applicant, Empire Resorts, Inc. (“Empire”), moves the Board for a Protective Order
`
`relating to Empire’s obligation to serve responses and objections to Opposer LVGV, LLC’s
`
`(“LVGV”) First Set of Interrogatories.
`
`On October 7, 2014, LVGV served a consolidated First Set of Interrogatories and
`
`Requests for Production of Documents on Empire in this proceeding as well as two other
`
`separate proceedings relating to Empire’s applications to register its “Me. (stylized)” mark in
`
`classes 28, 41, and 43.
`
`On November 4, 2014, LVGV authorized a two-week extension of time for Empire to
`
`respond to the outstanding discovery requests. Empire’s responses were consequently due on or
`
`before November 20, 2014.
`
`Although Empire is able to timely respond to LVGV’s Request for Production of
`
`Documents, Counsel for Empire has recently been struggling with extremely time-consuming
`
`28201397v1
`
`89798.45301/pleadings
`
`1
`
`

`
`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. Empire’s
`
`Counsel is unable to coordinate with Empire’s employees to adequately respond to LVGV’s First
`
`Set of Interrogatories. Responding to LVGV’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 LVGV’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
`
`28201397v1
`
`89798.45301/pleadings
`
`2
`
`

`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition 91215247
`
`Application 85/734,672
`
`Mark: “ME. (stylized)”
`
`Class: 43
`
`Interlocutory Attorney:
`Yong Oh (Richard) Kim
`
`: : : : : : : : :
`
`__________________________________________
`
`LVGV, LLC
`
`Empire Resorts, Inc.
`
`Opposer
`
`v.
`
`Applicant
`
`__________________________________________
`
`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:
`
`Date: November 20, 2014
`
`Hara K. Jacobs
`Troy Larson
`BALLARD SPAHR LLP
`1735 Market Street, 51st Floor
`Philadelphia, PA 19103
`jacobsh@ballardspahr.com
`larsont@ballardspahr.com
`
`/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
`
`28201397v1
`
`89798.45301/pleadings
`
`3
`
`

`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition 91215247
`
`Application 85/734,672
`
`Mark: “ME. (stylized)”
`
`Class: 43
`
`Interlocutory Attorney:
`Yong Oh (Richard) Kim
`
`: : : : : : : : :
`
`__________________________________________
`
`LVGV, LLC
`
`Empire Resorts, Inc.
`
`Opposer
`
`v.
`
`Applicant
`
`__________________________________________
`
`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 October 7, 2014, LVGV served a consolidated First Set of Interrogatories and
`
`Requests for Production of Documents on Empire in this proceeding as well as two other
`
`separate proceedings relating to Empire’s applications to register its “Me. (stylized)” mark in
`
`classes 28, 41, and 43.
`
`3.
`
`On November 4, 2014, LVGV authorized a two-week extension of time for
`
`Empire to respond to the outstanding discovery requests. Empire’s responses were consequently
`
`due on or before November 20, 2014.
`
`28201397v1
`
`89798.45301/pleadings
`
`4
`
`

`
`4.
`
`Empire is able to timely respond to LVGV’s Request for Production of
`
`Documents, but 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. Empire’s
`
`Counsel is unable to coordinate with Empire’s employees to adequately respond to LVGV’s First
`
`Set of Interrogatories.
`
`5.
`
`Although Empire and LVGV had previously engaged in good faith efforts to
`
`extend the deadline for Empire to respond to discovery, based on the representations made in
`
`LVGV’s response to Empire’s Motion for Judgment on the Pleadings, seeking further discovery
`
`extensions from LVGV would clearly be pointless.
`
`6.
`
`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
`
`28201397v1
`
`89798.45301/pleadings
`
`5

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