Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA740871
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`Filing date:
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`04/19/2016
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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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`91221923
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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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`Signature
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`Date
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`Attachments
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`Defendant
`Molotov Entertainment
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`M SCOTT ALPRIN
`ALPRIN LAW OFFICES PC
`5 PINEHURST CIR NW
`WASHINGTON, DC 20015
`UNITED STATES
`trademarks@alprinlaw.com
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`Motion to Suspend for Civil Action
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`M. Scott Alprin
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`trademarks@alprinlaw.com
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`/M. Scott Alprin/
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`04/19/2016
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`MTG v. Molotov Entertainment - Mot. to Suspend Pending Civil Case - Final
`PDF.pdf(1144083 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition No. 91221923
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`Ser. No. 86230826 (opposed application)
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`Molotov Theatre Group
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`Opposer,
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`Molotov Entertainment
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`Applicant.
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`MOTION TO SUSPEND CASE PENDING OUTCOME OF CIVIL MATTER
`BEFORE D.C. SUPERIOR COURT
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`Pursuant to TBMP Section 510.02(a) and 37 CFR Section 2.117(a), Applicant Molotov
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`Entertainment (“Applicant”) hereby moves the Board to suspend the subject proceeding,
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`including discovery deadlines for both sides, pending final determination of a related civil
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`proceeding before the Superior Court of the District of Columbia, Civil Division, Case #2016
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`SC3 000849, WRIGHT, MICHAEL VS. MOLOTOV THEATRE GROUP et al (hereinafter, “the
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`Civil Action”), involving Applicant in the position of plaintiff and Opposer Molotov Theatre
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`Group (“MTG” or “Opposer”) in the position of defendant. It is noted that Michael Wright is the
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`sole proprietor of Molotov Entertainment. A copy of the Complaint and a copy of the Praecipe
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`setting the trial date for May 26, 2016 in the Civil Action are attached hereto. It is noted that an
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`Answer was not required to be filed by Opposer in the Civil Action.
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`I.
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`Background
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`On or around September 1, 2012, the owner of Applicant, Michael Wright, entered into
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`an oral agreement with the owner of Opposer, Alex Zavistovich, to work together as Co-Artistic
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`Directors and partners to promote MTG as a horror theatre production company, and to make
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`MTG a success. This agreement shall be referred to as the “Five Year Plan.” Mr. Wright did not
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`agree to be a volunteer, and did not agree that any financial contribution he made to MTG was to
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`be considered a donation. Rather, Mr. Wright agreed to future compensation from MTG for his
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`position as MTG’s co-artistic director, or, if MTG never succeeded by accomplishing their
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`financial goals, to defer reimbursement of his costs.
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`In order to promote MTG and help to make it a success, Mr. Wright spent an immense
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`amount of time and significant amount of money, expecting that Mr. Zavistovich would honor the
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`aforementioned Five Year Plan. A sample of some of the actions that Mr. Wright undertook to
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`promote MTG follow:
` The development of a multi-season schedule of shows.
` The expansion of the Board of Directors, fundraising efforts and audience development.
` The development of new educational programs and course offerings.
` The establishment of a permanent theater home and repertory company of actors.
` The creation, development and maintenance of a web based e-commerce portal for MTG.
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`On February 13, 2014, MTG, which had assembled a Board of Directors after Mr. Wright
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`had become Co-Artistic Director, terminated Mr. Wright’s position as Co-Artistic Director of
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`MTG. As the Five Year Plan had not come to fruition, Mr. Wright seeks reimbursement from
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`MTG for his expenses that benefitted MTG and/or financial contributions on behalf of MTG in
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`the Civil Action.
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`I.
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`Argument
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`Applicant herein moves the Board to suspend the subject opposition proceeding pending
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`the outcome of the Civil Action.
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`As exemplified by TBMP Section 510.02(a) and 37 CFR Section 2.117(a), the Board’s
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`traditional policy is to suspend a Board action when there is a related civil action. See General
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`Motors Corp. v. Cadillac Club Fashions Inc., 22 USPQ2d 1933, 1936-37 (TTAB 1992). Further,
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`it is not necessary that the related civil matter be dispositive of all issues before the Board.
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`Rather, as the language in Section 2.117(a) states, it is in the Board’s discretion to suspend an
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`opposition or cancellation action based on a civil action which “may have a bearing on the case.”
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`There is no doubt that the issues being litigated in the Civil Action are related to and have
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`a bearing upon the issues being litigated in the subject opposition. In order for the judge in the
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`Civil Action to determine if Mr. Wright is owed money by MTG under a number of legal
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`doctrines, such as unjust enrichment, the judge will have to determine if Mr. Wright was a
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`volunteer, an employee, or an independent contractor. The question of Mr. Wright’s status at
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`MTG is related to whether Mr. Wright is the proper owner of his applied-for trademark for
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`“Molotov ENTERTAINMENT and Design.” MTG has claimed that it is the owner of the “skull
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`logo” that is part of Applicant’s mark in discovery for this subject opposition; yet Mr. Wright was
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`billed directly and paid the designer half of the fee to design the “skull logo” with his own
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`money, and was never reimbursed. MTG approved of Mr. Wright being responsible for the
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`operation of Molotov ENTERTAINMENT and agreed to give Mr. Wright autonomous control
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`and ownership of this business. MTG did not want any affiliation with this “for-profit” business
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`due to MTG’s concern that a conflict may exist that would jeopardize MTG’s 501(c)3 non-profit
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`charitable status with the Internal Revenue Service.
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`Based on the foregoing, Applicant respectfully requests that the Board grant Applicant’s
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`request to suspend the subject proceeding, including discovery deadlines for both sides, pending
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`the outcome of the Civil Action.
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`Respectfully submitted,
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`ALPRIN LAW OFFICES, P.C.
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`Date: April 19, 2016
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`M. Scott Alprin
`Nicholas T. Santucci
`Alprin Law Offices, P.C.
`5 Pinehurst Circle, N.W.
`Washington, D.C. 20015
`Tel: (202) 659-8225
`Fax: (202) 659-0441
`Email: trademarks@alprinlaw.com
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing Motion To Suspend Case
`Pending Outcome Of Civil Matter Before D.C. Superior Court has been served on Opposer
`via e-mail, on April 19, 2016, to Kelu L. Sullivan, counsel for Opposer, at:
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`bhipdocket@bakerlaw.com,
`ksullivan@bakerlaw.com
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` /M. Scott Alprin/
`M. Scott Alprin
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`,/
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`fl
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`‘
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`Sm~allC1a\ims<Fom},11
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`Michael Wright
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`11609 Ciipstone Ln
`Reston, VA 20191
`Address
`PhoneNo. 703-624-6616
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`Superior Court of the District of Columbia
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`CIVIL DIVISION
`SMALL CLAIMS AND CONCILIATION BRANCH
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`Bldg. B, 510 4th Street, N.W., RM -120
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`Plaim‘zfi(s)
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`WASHINGTON, DC. 20001 TELEPHONE .
`(1) Molotov Theatre Group
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`VS
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`(2) Alex Zavistovich
`(3)
`A
`Q )
`No.
`STATEMENT OF CLAIM
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`Zip Code
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`.,
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`v
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`“
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`*\
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`17 [Q
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`A
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`r
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`,.
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`L‘/W
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`During my tenure as Co—Artistic Director of Molotov Theatre Group (Sept. 2012 - February 13, 2014)
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`I paid third parties for the custom design, hosting and merchant account for an ecommerce web site
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`and other projects that generated $3,979 paid to the defendent on 11/22/13. I was terminated on
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`2/14/14 and have not been reimbursed for related expenses. I am seeking $4,773 in damages.
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`I Wri ht
`Mi h
`being first duly sworn on oath says
`g
`C ae
`DISTRICTOF COLUMBIA, ss:
`the foregoing is a just
`true statement of the amount owing by the defendant to plaintiff, exclusive of all set-offs and just grounds of
`/
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`I Michael Wright
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`Pl“"””’7/Age”’
`Tide:
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`Subscribed and swornto before me this
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`[4
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`day of
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`Attorney for Plaintiff(Sign and Print Name)
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`Address
`Bar No.:
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`Phone No.:
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`Zip Code
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`11609 Ciipstone Ln.
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`%’§t”5n, VA 20191
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`City/State/Zi: 6/‘gal
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`
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`NOTICE (All parties must notify the court of any address changes.)
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`fdcersig (2) Alex Zavistovich
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`(T133 Molotov Theatre Group 0/ 47q"‘
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`TM;
`Defendant
`411 9th St., NE, Washington DC, 20002
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`Address
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`Zip Code
`Business
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`El Home
`You are hereby notified that Michael Wrlght
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`Defendant .
`221 Surrey Circle Dr, Fort Washington, MD 20744
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`Address
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`Home
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`Zip Code
`E] Business
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`.
`.
`against you 111 the sum of
`as shown by the foregoing statement. The court will hold a hearing upon this claim on
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`dollars ($
`4/"/I
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`Z /A
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`),
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`has made a claim and is re uesting judgment
`four thousand seven fiund red and seventy three
`4,7 3.00
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`at 9:00 am in the Small Claims and Conciliation Courtroom 119, Bldg. 13, 510 4111 Street, N.W.,
`SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS BRING THIS NOTICE WITH YOU AT ALL TIMES
`Deputy Clerk
`Small Claims and Conciliation Branch
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`CV—47l!AUG. 12
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`

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`INSTRUCTIONS TO DEFENDANTS
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`IMPORTANT: IF YOU FAIL TO APPEAR AT THE TIME STATED OR AT ANY OTHER TIME THE COURT NOTIFIES YOU TO DO S0, A
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`JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE MONEY, DAMAGES OR OTHER RELIEF DEMANDED IN THE
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`STATEMENT OF CLAIM. IF THIS OCCU RS, YOUR WAGES OR BANK ACCOUNT MAY BE ATTACHED OR WITHHELD OR ANY PERSONAL
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`PROPERTY OWNED BY YOU MAY BE TAKEN AND SOLD TO PAY THE JUDGMENT. DO NOT FAIL TO APPEAR AT THE REQUIRED TIME.
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`Before any case goes to trial in the Small Claims and Conciliation Branch, a trained mediator will meet with all parties to see
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`if a settlement can be worked out. If all parties are present when your case is called, you and the plaintiff will be able to see a
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`mediator and hopefully settle your dispute without having to go to trial.
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`You may come with or without a lawyer. The Statement of Claim indicates whether the plaintiff has a lawyer. If the plaintiff
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`does have a lawyer and you wish to dispute the claim, it would be in your best interest to have your own lawyer.
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`If you wish to have legal advice and feel that you cannot afford to pay a fee to a lawyer, you may contact the Neighborhood
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`Legal Services Program at (202) 269-5100, the DC Law Students in Court Program at (202) 638-4798, Legal Counsel for the Elderly at
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`(202) 434-2170 or the Legal Aid Society at (202) 628-1161. If you need further help, come to Building B, 510 4”‘ Street, N.W., Room
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`120, for more information concerning places where you may ask for such help. You may also consult the legal aid directory on
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`www.lawhelp.org[dc. Act promptly.
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`If it is impossible for you to appear on the date of trial, attempt to contact the Plaintiff to arrange a new date. If parties
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`agree on a date, notify the clerk of the Small Claims Branch of this court in person or by phone of the new date. If parties cannot
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`agree, you may contact the clerk who will inform you regarding procedures. If you do not appear on the new date, a judgment may
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`be entered against you.
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`Whenever corresponding with the Small Claims clerk's office by mail, please include your case number and your date to
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`appear in court.
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`You are given the following additional instructions in the event that you intend to appear without a lawyer:
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`If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of
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`the hearing.
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`If you wish to have witnesses summoned, see the clerk at once for assistance.
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`If you admit the claim but desire additional time to pay, you must come to the hearing in person and state the
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`circumstances to the Court.
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`PUEDE OBTENERSE COPIAS DE ESTE FORMULARTO EN ESPANOL EN EL TRIBUNAL SUPERIOR DEL DISTRITO DEL COLUMBIA,
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`BUILDING B, 510 4*" STREET N.w., SALA 120.
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`YOU MAY OBTAIN A COPY OF THIS FORM IN SPANISH AT THE SUPERIOR COURT OF D.C. BUILDING B, 510 4TH STREET N.W., ROOM
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`120.
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`

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`“
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`-
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`, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
`CIVIL DIVISION
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`SMALL CLAIMS AND CONCILIATION BRANCH
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`Michael Wright
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`Plaintiff
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`VS
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`INFORMATION SHEET
`CNNO.
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`V
`9?0/ £23 Q i
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`@0313?/'71?
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`Molotov Theatre Group I Alex Zavistovich
`Defendant
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`Date.
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`3/16/2016
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`Michael Wright
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`Name:
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`(please print)
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`Firm Name, if applicable
`703-624-6616
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`Relationship to Lawsuit
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`I___I Attorney for Plaintiff
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`E Self (Pro Se)
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`Telephone No:
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`6 Digit Unified Bar No. [:I Other:
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`Do ou need an inte reter for our case? I:IYes
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`No If es, what
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`er
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`AMOUNT IN CONTROVERSY: El $1 —$500
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`I] $500.01 — $2,500
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`[_i_l $2,500.01 - $5,000
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`PENDING CASE(S) RELATED To THE ACTION BEING FILED:
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`Case No:
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`A. CONTRACTS — a claim based on an agreement between parties made either orally or in writing
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`I: Debt Suit
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`[:1 Breach of Warranty
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`El Negotiable Instrument
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`D Personal Property
`D Unpaid Wages
`El Breach of Contract
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`E] Loan
`C] Services Rendered
`El Home Improvement Contract
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`El Rent Due
`D Security Deposit
`I:I Oral
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`B. PROPERTY TORTS — a claim for an in'u
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`or wron committed on the roe of another
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`[:1 Automobile
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`I:I Conversion
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`I: Shop Lifting
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`B Property Damage
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`El Destruction of Property
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`D Trespass
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`C. PERSONAL TORT — a claim for an injury or wrong committed on the person of another
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`D Assault and Battery
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`El False Witness
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`D Libel and Slander
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`El Automobile
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`E} Harassment
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`El Personal Injury
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`El Negligence
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`El Fraudulent Misreresentation
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`'
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`D. [1 UNIFORM ARBITRATION ACT — an action
`based on an arbitration areement
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`G. [I SUBROGATION — a claim filed by one
`erson in the lace of another
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`E. D FOREIGN IUDGMENT- a judgment, decree or H. E] COLLECTION- a claim filed by a seller or
`order filed from another 'urisdiction
`lender to collect a consumer debt
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`F. El NIEDICAL MALPRACTICE — a claim against a healthcare provider for professional misconduct
`Have ou iven notice of intention to file our lawsuit 90 da s rior to filin?
`Yes
`No
`CV-3046/Rev. Nov. 07
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`CIVIL DIVISION
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`i’RAECIPE
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` Superior Court of the District of Columbi
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`E] CIVIL ACTION, Main Bldg, Rm. JM-170
`D LANDLORD AND TENANT, Bldg. B, Rm. 110
`[Z/SMALL CLAIMS, Bldg. B, Rm. 1:20
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