`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: October 9, 2015
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`Opposition No. 91223663
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`Salt Life, LLC
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`v.
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`Vincent Giovannetti
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`GCP
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`By the Trademark Trial and Appeal Board:
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`This case now comes before the Board for consideration of Applicant’s motion
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`(filed September 25, 2015) to dismiss Opposer’s notice of opposition for failure to
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`state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)(6). In
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`response to Applicant’s motion, Opposer filed an amended notice of opposition on
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`October 8, 2015.
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`Fed. R. Civ. P. 15(a)(1)(B) provides that “[i]f the pleading is one to which a
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`responsive pleading is required, the pleading may be amended once as a matter of
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`course at any time within 21 days after the responsive pleading is served, or 21
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`days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.”
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`Here, Applicant’s motion to dismiss does not constitute a responsive pleading and
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`because Opposer filed and served an amended pleading within 21 days after service
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`of Applicant’s motion to dismiss, Opposer’s amended notice of opposition is accepted
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`Opposition No. 91223663
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`as a matter of course and now constitutes Opposer’s operative pleading in this case.
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`See Fed. R. Civ. P. 15(a)(1)(B) and 15 U.S.C. § 1065.
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`In view thereof, Applicant’s motion to dismiss Opposer’s originally-filed notice of
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`opposition is deemed moot and will be given no further consideration.
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`As a final matter, the Board has sua sponte reviewed Opposer’s amended
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`pleading and notes that Opposer has alleged a claim of likelihood of confusion under
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`Section 2(d) of the Trademark Act and dilution as grounds for opposition. The Board
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`finds that Opposer’s allegations regarding its standing, as well as its asserted
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`claims of likelihood of confusion and dilution, are sufficiently pleaded.
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`Accordingly, proceedings herein are resumed and Applicant is allowed until
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`October 29, 2015 in which to file and serve an answer to Opposer’s amended notice
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`of opposition filed on October 8, 2015.
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`Remaining trial dates are reset as follows:
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`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
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`
`11/28/2015
`11/28/2015
`12/28/2015
`4/26/2016
`5/26/2016
`7/10/2016
`8/24/2016
`9/8/2016
`10/23/2016
`11/7/2016
`12/7/2016
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`In each instance, a copy of the transcript of testimony, together with copies of
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`documentary exhibits, must be served on the adverse party within thirty days after
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`completion of the taking of testimony. Trademark Rule 2.125.
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`2
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`Opposition No. 91223663
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`Briefs shall be filed in accordance with Trademarks Rules 2.128(a) and (b). An
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`oral hearing will be set only upon request filed as provided by Trademark Rule
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`2.129.
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`3

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