Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA744767
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`Filing date:
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`05/06/2016
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91215997
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's e-mail
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`Plaintiff
`Duke University
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`SUSAN FREYA OLIVE
`OLIVE & OLIVE PA
`500 MEMORIAL STREET
`DURHAM, NC 27701
`UNITED STATES
`emailboxTTAB@oliveandolive.com
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`Other Motions/Papers
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`Sofia M. Hernandez
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`emailboxTTAB@oliveandolive.com, solive@oliveandolive.com, shernan-
`dez@oliveandolive.com
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`Signature
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`Date
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`/smh/
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`05/06/2016
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`Attachments
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`20160506 Stip WD Contingent on Amend.pdf(150317 bytes )
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`

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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`Before the Trademark Trial and Appeal Board
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`Duke University,
`Plaintiff-Opposer
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`vs.
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`Dainese S.p.A.,
`Defendant-Applicant
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`Opposition No. 91215997
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`Attorney Reference: DUKU9292
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`JOINT MOTION TO AMEND AND FOR WITHDRAWAL OF OPPOSITION
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`The parties, by and through their counsel, hereby stipulate and move as follows:
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`1. With the consent of Opposer Duke University, Applicant, Dainese S.p.A., amends its application
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`to register the mark that is the subject of this proceeding, U.S. Trademark Application Serial No.
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`79124573 (the “Application”), to add the below-underlined text and to delete the below-stricken
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`text, as follows:
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`a.
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`In International Class 009:
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`life-preserving purposes for sports, namely, motoring,
`Protective clothing for
`motorcycling, cycling, skiing and mountaineering, riding, in the nature of suits, jackets,
`trousers, helmets, gloves and boots containing air bags for the prevention of injury;
`protective helmets; protective helmets for sports, namely, motoring, motorcycling,
`cycling, skiing and mountaineering, riding; protective footwear for the prevention of
`accidents and injury; protection devices for personal use against accidents, namely, air
`bags; protective glasses; protective glasses for sports, namely, motoring, motorcycling,
`cycling, skiing and mountaineering, riding; protective gloves for protection from
`accidents; diving gloves;
`triggering software for
`inflatable protective devices;
`accelerometer sensors; impact sensors for measuring deceleration and accident impact
`severity; electronic control units for air bags; all protective gear in the nature of garments
`in this class containing protective padding for the prevention of injury and no goods in
`this class intended or marketed for everyday general purpose wear.
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`b.
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`In International Class 25:
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`Clothing articles, namely, raincoats, T shirts, trousers, shirts, jackets, gilets, jackets for
`use in outdoor sport, sweaters, sports jackets, coats, overalls; headwear; belts; shoes;
`boots; gloves; ski gloves; motorcycle gloves; riding gloves; all goods in this class
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`1
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`

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`containing protective padding for the prevention of injury and no goods in this class
`intended or marketed for everyday general purpose wear.
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`2. Subject to entry of the foregoing amendments and effective upon entry of the foregoing
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`amendments to the Application, with the consent of Applicant, Opposer hereby withdraws
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`Opposition No. 91215997.
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`Respectfully submitted, this 6th day of May, 2016.
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`OLIVE & OLIVE, P.A.
`Attorneys for Opposer
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`LACKENBACH SIEGEL LLP
`Attorneys for Applicant
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`/Susan Freya Olive/
`Susan Freya Olive
`P. O. Box 2049
`Durham, North Carolina 27702
`Telephone: (919) 683-5514
`emailboxTTAB@oliveandolive.com
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`/_ Nancy Dwyer Chapman__/
`Nancy Dwyer Chapman
`1 Chase Rd.
`Lackenbach Siegel Building
`Scarsdale, NY 10583-4156
`Telephone: (914) 723-7930
`chapman@LSLLP.com
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`CERTIFICATE OF SERVICE
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`Pursuant to an agreement between the parties calling for electronic service of documents, the
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`undersigned certifies that a true copy of the foregoing document, together with any and all
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`attachments thereto, is served upon Applicant by emailing a copy to Applicant’s counsel of record at
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`the email address provided for that purpose on May 6, 2016, to wit:
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`Nancy Dwyer Chapman
`Lackenbach Siegel LLP
`NChapman@LSLLP.com
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`This the 6th day of May, 2016.
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`/Sofia M. Hernandez/
`Sofia M. Hernandez
`Olive & Olive, P.A.
`Attorneys for Opposer
`
`P. O. Box 2049
`Durham, North Carolina 27702
`Telephone: (919) 683-5514
`emailboxTTAB@oliveandolive.com
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