`ESTTA692564
`ESTTA Tracking number:
`08/29/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91222887
`Defendant
`Denovo Brands, LLC
`MICHAEL L. LEETZOW
`MICHAEL L. LEETZOW, P.A.
`2393 CREST RIDGE CT
`SANFORD, FL 32771-8326
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`michael@leetzow.com
`Answer
`Michael L. Leetzow
`michael@leetzow.com
`/Michael L. Leetzow/
`08/29/2015
`Answer.pdf(223905 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91222887
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`Mark: DUAL LOCK
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`Serial No. 86/391,698
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`.............................................................--)
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`MAHCO lNC.,
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`VS.
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`DENOVO BRANDS LLC,
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`Opposer,
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`Applicant
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`.............................................................--)
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`
`
` S
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`Denovo Brands LLC, a limited liability company with it principal place of business at
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`2406 SE Cottonwood Street, Ste. 8, Bentonville, AR 72712 (hereinafter “Applicant”), responds
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`to the Notice of Opposition against the above-referenced trademark application as follows:
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`1. Applicant admits Opposer has a place of business in Bentonville, AR. Except as so
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`admitted, the allegations in Paragraph 1 are denied.
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`2. Applicant admits the allegations in Paragraph 2.
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`3. Applicant admits it filed a complaint on February 9, 2015, against Opposer in the
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`U.S. District Court for the Western District of Arkansas, and that the case has been assigned
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`action number 15-cv-5041. Applicant admits the complaint includes counts for patent
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`infringement; trademark infringement under 15 U.S.C. §lll4; false designation of origin; and
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`deceptive and unfair trade practices, but otherwise the complaint speaks for itself.
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`4. Applicant admits the allegations of Paragraph 4.
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`5. Applicant admits the allegations of Paragraph 5.
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`6. Applicant admits that it has accused Opposer of committing unfair or deceptive trade
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`practices.
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`7. Applicant admits the allegations of Paragraph 7, but asserts that the Court has no
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`jurisdiction to cancel the ‘365 registration.
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`8. Applicant admits that the mark DUAL LOCK is used with outdoor furniture, and in
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`particular with folding chairs as asserted in Paragraph 8, but otherwise denies the allegations.
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`9. Applicant admits that is has sued Opposer as alleged in Paragraph 9 and alleged that
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`Opposer has sold chairs with the mark DUAL LOCK. Otherwise, Applicant denies the
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`allegations of Paragraph 9.
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`10. Applicant denies the allegations of Paragraph 10.
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`11. Applicant denies the allegations of Paragraph 11.
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`12. Applicant denies the allegations of Paragraph 12.
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`13. Applicant admits using the mark DUAL LOCK on chairs that have a lock on them,
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`but otherwise denies the remaining allegations in Paragraph 13.
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`14. Applicant denies the allegations of Paragraph 14.
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`15. Applicant denies the allegations of Paragraph 15.
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`Applicant need not respond to Paragraphs 16-19 as those paragraphs do not relate to
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`Applicant.
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`AFFIRMA! IVE ILEFENSES
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`1.
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`Applicant has a prior registration, U.S. Trademark Registration No. 3,741 ,365,
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`registered on the Supplemental Register.
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`2.
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`Although it is registered on the Supplemental Register, it has been registered for
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`more than 5 years, providing a prima facie case of secondary meaning.
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`2.
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`3.
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`Applicant has also filed a declaration of use under Section 8 for that registration.
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`Applicant has been using the mark DUAL LOCK in commerce since at least as
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`early as December 24, 2008 - more than 6 years ago.
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`
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`WHEREFORE, Applicant respectfully requests that this Opposition be denied and that
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`Application Serial No. 86/391,698 be allowed to proceed to registration.
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`Respectfully submitted Via ESTTA this 29th day of August, 2015.
`
` Michael . -7 ow, Es.
`
`
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`
`
`Attorney for I 1,.
`2393 Crest Ridge Ct.
`
`Sanford, FL 32771
`407.302.9970
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`407.302.9973 fax
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`michael@leetzow.com
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`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing ANSWER TO NOTICE OF OPPOSITION
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`AND AFFIRMATIVE DEFENSES was served electronically and Via United States mail, first
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`class, postage prepaid, on Opposer’s counsel Mr. Charles C. Kinne, Kinne IP Group, 1240
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`lroquoise AVe., Ste. 204, Naperville, IL 60563 on August 29, 2015.
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`
`
`Michael L. Leetzow, P.A.
`
`2393 Crest Ridge Ct.
`
`Sanford, FL 32771
`407.302.9970
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`407.302.9973 fax
`
`michael@1eetzow.com
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