Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA745129
`
`Filing date:
`
`05/09/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`91225175
`
`Defendant
`Thomas Ice
`
`WOODROW H POLLACK
`GRAYROBINSON PA
`SUITE 2700, 401 E JACKSON STREET
`TAMPA, FL 33602
`UNITED STATES
`woodrow.pollack@gray-robinson.com, whpPTODocket@gray-robinson.com
`
`Motion to Suspend for Civil Action
`
`Woodrow H. Pollack
`
`woodrow.pollack@gray-robinson.com
`
`/Woodrow H. Pollack/
`
`05/09/2016
`
`Terry v Ice Legal - Motion to Suspend.pdf(19878 bytes )
`Exhibit A.pdf(521714 bytes )
`Exhibit B.pdf(570329 bytes )
`Exhibit C.pdf(4585469 bytes )
`
`Proceeding
`
`Party
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`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.: 91225175
`
`Application No.: 86/635,477
`
`Mark: LAWTENDER
`
`Published in the Official Gazette:
`August 4, 2105
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`BRENNA TERRY,
`
`
`Opposer,
`
`
`v.
`
`THOMAS ICE,
`
`
`Applicant.
`
`MOTION TO SUSPEND PROCEEDING
`
`
`
`Pursuant to the Trademark Trial and Appeal Board Manual of Procedure § 510 and 37
`
`C.F.R. § 2.117, Applicant, Thomas Ice and Ice Legal P.A1. (“Applicant”), files this Motion to
`
`Suspend Proceeding in view of a pending civil action.
`
`BACKGROUND
`
`On December 11, 2015, Ice Legal, P.A. (“Ice Legal”) recorded its ownership of the
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`LAWTENDER mark, U.S. Application No. 86/635,477. (See Exhibit A). On December 17,
`
`2015, the United States Patent and Trademark Office entered a Notice of Recordation of
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`Assignment Document. (See Exhibit B).
`
`
`
`On April 28, 2016, Ice Legal filed a complaint in the United States District Court for the
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`Southern District of Florida against Opposer, Brenna Terry (“Terry”) for
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`trademark
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`infringement, false designation, and unfair competition. In support of this Motion, Applicant
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`submits a copy of the Complaint attached hereto as Exhibit C. Ice Legal is serving a copy of the
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`complaint on Terry. Upon receipt of the Executed Return of Summons from the process server,
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`1 Ice Legal, P.A. recorded its ownership of the trademark application at issue on December 11,
`2015. Thomas Ice and Ice Legal, P.A. will be filing a separate motion to substitute Ice Legal
`P.A. as the applicant in this matter pursuant to TBMP § 512.01.
`
`
`
`1
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`
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`

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`Ice Legal will promptly file it with the District Court.
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`LEGAL ARGUMENT
`
`It is the policy of the Board to suspend proceedings when the parties are involved in a
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`civil action which may be dispositive of or have a bearing on the Board case. See Trademark
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`Rule 2.117(a) (“Whenever it shall come to the attention of the Trademark Trial and Appeal
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`Board that a party or parties to a pending case are engaged in a civil action or another Board
`
`proceeding which may have a bearing on the case, proceedings before the Board may be
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`suspended until termination of the civil action or the other Board proceeding.”). “A decision by
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`the district court may be binding on the Board whereas a determination by the Board as to a
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`defendant's right to obtain or retain a registration would not be binding or res judicata in respect
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`to the proceeding pending before the court.” New Orleans Louisiana Saints LLC & NFL
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`Properties LLC, 99 U.S.P.Q.2d 1550 (P.T.O. July 22, 2011). Therefore, if the civil litigation
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`could have any bearing on the opposition, regardless of whether or not it would be conclusively
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`determinative, suspension of the opposition proceeding is appropriate. J & G Grant v. Brassat,
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`91204048, 2013 WL 11247282, at *3 (T.T.A.B. Oct. 11, 2013); see also Sturgis Motorcycle
`
`Rally, Inc. v. Farrokhi, 91202020, 2013 WL 11247190, at *6 (T.T.A.B. Aug. 12, 2013)(“The
`
`Board's well-settled policy is to suspend proceedings when the parties are involved in a civil
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`action or another Board proceeding which may be dispositive of or have a bearing on the Board
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`case.”).
`
`The pending civil action involves issues which are involved in this proceeding, namely
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`whether Ice Legal has been harmed by Terry’s use of the LAWTENDER mark. The civil action
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`will also necessarily consider the ownership and priority of the LAWTENDER mark. The
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`determination of these issues by the District Court will likely be dispositive of and will certainly
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`
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`2
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`

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`have a bearing on the issues involved in this proceeding. See Cmty. Trust Bancorp, Inc. v. Cmty.
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`Trust Bank, 91194948, 2012 WL 12517285, at *3 (T.T.A.B. Feb. 7, 2012). This proceeding is at
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`its earliest stages. Only limited written discovery has been exchanged. No depositions have
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`been noticed or taken, and no dispositive motions have been filed. To avoid duplication of effort
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`and possible inconsistency of rulings, suspension of this proceeding is appropriate pending the
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`outcome of the civil litigation. Arcadia Grp. Brands Ltd. v. Studio Moderna SA, 99 U.S.P.Q.2d
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`1134 (P.T.O. Jan. 6, 2011).
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`On May 4, 2016, Applicant conferred with counsel for Terry regarding the relief sought
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`herein. Terry objected to a suspension of this opposition proceeding.
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`WHEREFORE, Applicant respectfully requests that the Trademark Trial and Appeal
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`Board suspend this proceeding pending the determination of the civil action.
`
`
`
`May 9, 2016
`
`
`
`
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`
`
`Respectfully submitted,
`
`
`/s/ Woodrow H. Pollack
`Woodrow H. Pollack
`GRAYROBINSON, PA
`Suite 2700
`401 E. Jackson Street
`Tampa, Florida 33602
`(813) 273-5000
`(813) 273-5145 facsimile
`woodrow.pollack@gray-robinson.com
`whpPTODocket@gray-robinson.com
`Attorney for Applicant
`
`
`
`
`
`3
`
`
`
`

`
`I hereby certify that on May 9, 2016 a true and correct copy of the foregoing was filed
`electronically via Electronic System for Trademark Trials and Appeals and served by U.S. mail
`on Brenna Terry, 25 W. 132nd Street, #11B, New York, NY 10037.
`
`
`
`
`
`
`
`
`/s/ Woodrow H. Pollack
`Woodrow H. Pollack
`
`
`CERTIFICATE OF SERVICE
`
`
`
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`4
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`

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`900347036
`
`1 2/1 1/201 5
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`TRADEMARK ASSIGNMENT COVER SHEET
`
`Electronic Version v1.1
`Stylesheet Version v1.2
`
`EXHIBIT A
`EXHIBIT A
`
`ETAS ID: TM365436
`
`SUBMISSION TYPE:
`
`NEW ASSIGNMENT
`
`NATURE OF CONVEYANCE:
`
`ASSIGNMENT OF THE ENTIRE INTEREST AND THE GOODWILL
`
`CONVEYING PARTY DATA
`
`T Exe°"“°" Date
`Thomas E. Ice — 12/11/2015
`
`Entity Type
`INDIVIDUAL: UNITED STATES
`
`RECEIVING PARTY DATA
`
`PROPERTY NUMBERS Total: 1
`
`Property Type Word Mark
`Serial Number:
`86635477
`LAWTENDER
`
`CORRESPONDENCE DATA
`
`Fax Number:
`
`8132735145
`
`Correspondence will be sent to the e-mail address first; if that is unsuccessful, it will be sent
`using a fax number, if provided; if that is unsuccessful, it will be sent via US Mail.
`Phone:
`8132735000
`
`Email:
`
`whpPTODocket@gray—robinson.com
`
`Correspondent Name:
`
`Woodrow Pollack
`
`Address Line 1:
`
`Address Line 4:
`
`401 E. Jackson St, Suite 2700
`
`Tampa, FLORIDA 33602
`
`
`
`OP$40.0086635477
`
`Total Attachments: 2
`
`source=2015-12-1 1 Assignment—executed#page1.tif
`
`source=2015-12-1 1 Assignment—executed#page2.tif
`
`

`
`EXHIBIT B
`
`DECEMBER 17, 2015
`
`PTAS
`
`WOODROW POLLACK
`401 E. JACKSON ST, SUITE 2700
`TAMPA, FL 33602
`
`900347036
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT
`
`THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT RECORDATION BRANCH
`OF THE U.S. PATENT AND TRADEMARK OFFICE. A COMPLETE COPY IS AVAILABLE AT THE
`ASSIGNMENT SEARCH ROOM ON THE REEL AND FRAME NUMBER REFERENCED BELOW.
`
`PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE. THE INFORMATION
`CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE PATENT
`AND TRADEMARK ASSIGNMENT SYSTEM. IF YOU SHOULD FIND ANY ERRORS OR HAVE
`QUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE ASSIGNMENT RECORDATION
`BRANCH AT 571-272-3350. PLEASE SEND REQUEST FOR CORRECTION TO: U.S. PATENT
`AND TRADEMARK OFFICE, MAIL STOP: ASSIGNMENT RECORDATION BRANCH, P.O. BOX
`1450, ALEXANDRIA, VA 22313.
`
`RECORDATION DATE: 12/11/2015
`
`REEL/FRAME: 5686/0365
`NUMBER OF PAGES: 3
`
`BRIEF: ASSIGNS THE ENTIRE INTEREST
`
`DOCKET NUMBER:
`
`372688.3
`
`ASSIGNOR:
`ICE, THOMAS E.
`
`ASSIGNEE:
`ICE LEGAL, P.A.
`
`1015 N. STATE ROAD 7, SUITE C
`ROYAL PALM BEACH, FLORIDA 33411
`
`DOC DATE: 12/11/2015
`CITIZENSHIP: UNITED STATES
`ENTITY: INDIVIDUAL
`
`CITIZENSHIP: FLORIDA
`ENTITY: CORPORATION
`
`SERIAL NUMBER: 86635477
`REGISTRATION NUMBER:
`MARK: LAWTENDER
`DRAWING TYPE: STANDARD CHARACTER MARK
`
`FILING DATE: 05/20/2015
`REGISTRATION DATE:
`
`ASSIGNMENT RECORDATION BRANCH
`PUBLIC RECORDS DIVISION
`
`

`
`Case 9:16-cv-80677-XXXX Document 1 Entered on FLSD Docket 04/28/2016 Page 1 of 6
`EXHIBIT C
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`PALM BEACH DIVISION
`
`
`
`
`
`
`ICE LEGAL, P.A., a Florida professional
`association,
`
`
`CASE NO: ______________
`
`
`
` JURY TRIAL DEMAND
`
`Plaintiff,
`
`
`v.
`
`BRENNA TERRY, an Individual,
`
`
`Defendant.
`____________________________________/
`
`
`COMPLAINT AND JURY DEMAND
`
`
`
`Plaintiff, ICE LEGAL, P.A. (“Ice”), alleges upon information and belief, as follows:
`
`JURISDICTION AND VENUE
`
`1.
`
`This is an action against Defendant, BRENNA TERRY, (“Defendant”), for
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`trademark infringement and unfair competition arising under the Trademark Act of 1946, as
`
`amended (the Lanham Act, 15 U.S.C. § 1051 et seq) and the Florida common law.
`
`2.
`
`This Court has jurisdiction under 28 U.S.C. §§ 1331 and 1338 for a federal
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`question arising under the laws of the United States, including the Lanham Act. Jurisdiction is
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`also proper under 28 U.S.C. § 1332 insofar as there is diversity of citizenship and the amount in
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`controversy, without interest, exceeds the sum or value specified in 28 U.S.C. § 1332. This
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`Court has supplemental jurisdiction under 28 U.S.C. § 1367 for claims arising under state
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`common law.
`
`3.
`
`Personal jurisdiction is proper over Defendant inter alia under Florida Statutes §
`
`48.193(1)(a)(2) as Defendant committed a tortious act within the state of Florida.
`
`4.
`
`Venue is proper in this District pursuant to 28 U.S.C. § 1391(a) and (b) as the
`
`

`
`Case 9:16-cv-80677-XXXX Document 1 Entered on FLSD Docket 04/28/2016 Page 2 of 6
`EXHIBIT C
`
`conduct that is the subject of this action has at all times material to this Complaint occurred, and
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`is continuing to occur, in this District.
`
`THE PARTIES
`
`5.
`
`Ice is a Florida Professional Association, with its principal place of business at
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`1015 N. State Road 7, Suite C, Royal Palm Beach, Florida 33411, and is the owner of common
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`law rights to the mark LAWTENDER.
`
`6.
`
`Upon information and belief, Defendant is an individual residing at 25 West 132nd
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`Street, #11B, New York, NY 10037.
`
`7.
`
`Defendant has directed its activities to Florida by operating an online blog named
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`“The Lawtender Blog,” (“Defendant’s Blog”), corresponding with Ice in this District regarding
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`Defendant’s Blog, and filing a trademark opposition against the LAWTENDER Trademark
`
`Application (described below).
`
`BACKGROUND FACTS
`
`8.
`
`Ice owns and operates a website located at the domain www.lawtender.com.
`
`(“LAWTENDER Website”). The LAWTENDER Website is related to issues with the judicial
`
`system and in the legal community. A copy of the LAWTENDER Website is attached hereto as
`
`Exhibit “A.” The LAWTENDER Website is for commercial purposes.
`
`9.
`
`Ice purchased the LAWTENDER Website and completed a domain transfer via
`
`GoDaddy in or around summer 2015.
`
`10.
`
`LAWTENDER Website went live in or around October 2015.
`
`11.
`
`Ice has invested significant resources developing the LAWTENDER Website and
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`developing and protecting the LAWTENDER trademark.
`
`12.
`
`On May 20, 2015, Ice filed a United States Trademark Application (Serial
`
`
`
`2
`
`
`
`

`
`Case 9:16-cv-80677-XXXX Document 1 Entered on FLSD Docket 04/28/2016 Page 3 of 6
`EXHIBIT C
`
`Number 86635477) (“‘477 Application”) for the use of the LAWTENDER mark in connection
`
`with downloadable educational course materials in the field of law; educational publications in
`
`the field of law; providing in person and online non-downloadable classes and seminars in the
`
`field of law; legal information services; providing an on-line interactive database featuring legal
`
`information; and providing on-line information and news in the field of law. A copy of Ice’s
`
`application is attached hereto as Exhibit “C” and is referred to as the “LAWTENDER Trademark
`
`Application.”
`
`13.
`
`Ice also owns U.S. Trademark Application No. 86813257 for the mark
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`“LAWTENDR,” which identifies a first date of usage of at least as early as November 18, 2014.
`
`Ice owns all goodwill associated with usage of the LAWTENDR trademark.
`
`14.
`
`Defendant owns and operates Defendant’s Blog. A copy of Defendant’s Blog is
`
`attached hereto as Exhibit “B.”
`
`15.
`
`Defendant
`
`operates
`
`Defendant’s
`
`Blog
`
`at
`
`the
`
`URL:
`
`http://www.lawtenderblog.com/. Defendant registered this domain name on June 9, 2015.
`
`Defendant registered this domain name after Ice filed the LAWTENDER Trademark
`
`Application.
`
`16.
`
`Defendant’s first blog post was on June 14, 2015, after Ice filed the
`
`LAWTENDER Trademark Application.
`
`17.
`
`As of today, Defendant has only posted four (4) entries on her blog.
`
`18.
`
`On or about July 31, 2105, Ice demanded Defendant cease and desist from the use
`
`of the LAWTENDER mark in association with her blog.
`
`19.
`
`Defendant refused to cease and desist.
`
`20.
`
`Instead, on December 2, 2015, Defendant filed a Notice of Opposition with the
`
`
`
`3
`
`
`
`

`
`Case 9:16-cv-80677-XXXX Document 1 Entered on FLSD Docket 04/28/2016 Page 4 of 6
`EXHIBIT C
`
`U.S. Patent and Trademark Office (Opposition No. 91/225,175) (the “Opposition”). Through its
`
`Opposition, Defendant seeks to interfere with Ice’s ability to obtain a Trademark Registration for
`
`the LAWTENDER Mark.
`
`21.
`
`In the Opposition, Defendant falsely states that, “in January 2015, [Defendant]
`
`adopted and used in U.S. commerce the trademark LAWTENDER in connection with the
`
`provision of online content.” On information and belief, the only support Defendant has for this
`
`statement is the registration of a private Instagram account named “Lawtender.” Even if true,
`
`such a private registration is not a use of a trademark, nor is it a use in commerce.
`
`22.
`
`Ice has priority to the LAWTENDER mark and superior rights to any rights of
`
`Defendant concerning this mark.
`
`COUNT I
`Trademark Infringement, False Designation of Origin, Passing Off, and Unfair
`Competition in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)
`
`Ice repeats and re-alleges the allegations contained in paragraphs 1 through 22,
`
`23.
`
`inclusive, as though fully set forth herein.
`
`24.
`
`Ice is the owner of the LAWTENDER Mark, which has become uniquely
`
`associated with and now identifies Ice.
`
`25.
`
`Defendant’s use of the LAWTENDER mark on Defendant’s Blog is likely to
`
`cause confusion or mistake, or to deceive customers as to the affiliation, connection, or
`
`association of Defendant with Ice or as to the origin, sponsorship or approval of Defendant’s
`
`services, and thus constitutes trademark infringement, false designation of origin, passing off,
`
`and unfair competition in violation of 15 U.S.C. § 1125(a).
`
`26.
`
`Defendant’s use is likely to mislead and deceive the public into believing that
`
`Defendant’s services are in some way sanctioned by or otherwise affiliated with Ice.
`
`
`
`4
`
`
`
`

`
`Case 9:16-cv-80677-XXXX Document 1 Entered on FLSD Docket 04/28/2016 Page 5 of 6
`EXHIBIT C
`
`27.
`
`Defendant’s conduct has created and will create confusion among members of the
`
`relevant consuming public and will cause irreparable harm and monetary damages to Ice.
`
`28.
`
`Defendant offers services that are the same or related to the services of Ice.
`
`29.
`
`Defendant’s acts were without license or consent of Ice.
`
`30.
`
`By reason of the foregoing, Ice has been injured in an amount not yet ascertained,
`
`and is entitled to the remedies provided for in 15 U.S.C. § 1116, et seq.
`
`COUNT II
`Florida Common Law Trademark Infringement
`
`Ice repeats and re-alleges the allegations contained in paragraphs 1 through 22
`
`31.
`
`inclusive, as though fully set forth herein.
`
`32.
`
`Defendant, without Ice’s consent, has used in commerce, in the same market the
`
`confusingly similar name LAWTENDER in connection with services that are the same or related
`
`to those offered by Ice.
`
`33.
`
`Defendant’s use of the LAWTENDER mark on Defendant’s Blog is likely to
`
`cause confusion or mistake, or to deceive customers as to the affiliation, connection, or
`
`association of Defendant with Ice or as to the origin, sponsorship or approval of Defendant’s
`
`services, and thus constitutes trademark infringement under Florida common law.
`
`34.
`
`Ice has been damaged by Defendant’s improper actions, as set forth above, and
`
`will continue to be damaged by such actions unless they are restrained.
`
`WHEREFORE, Plaintiff prays that the Court enter judgment in favor of Ice and against
`
`Defendant as follows:
`
`(a)
`
`Issuing a permanent injunction enjoining Defendant from future use of the
`
`LAWTENDER mark;
`
`(b)
`
`Ordering Defendant to provide an accounting of Defendant’s profits and
`
`
`
`5
`
`
`
`

`
`Case 9:16-cv-80677-XXXX Document 1 Entered on FLSD Docket 04/28/2016 Page 6 of 6
`EXHIBIT C
`
`an award of damages;
`
`(c)
`
`Awarding Ice actual damages to be determined at trial, trebled upon a
`
`determination that Defendant’s infringement has been willful, together with pre-judgment
`
`interest and costs;
`
`(d)
`
`Awarding Ice its attorneys’ fees and costs; and
`
`(e)
`
`Awarding Ice such other and further relief as the Court deems just and
`
`proper.
`
`JURY DEMAND
`
`Plaintiff demands trial by jury on all issues so triable.
`
`April 28, 2016
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Woodrow H. Pollack
`Woodrow H. Pollack
`Trial Counsel
`Florida Bar Number 26802
`GRAYROBINSON, PA
`Suite 2700
`401 E. Jackson Street
`Tampa, Florida 33602
`(813) 273-5000
`(813) 273-5145 (facsimile)
`woodrow.pollack@gray-robinson.com
`
`Attorney for Plaintiff
`
`
`
`6
`
`
`
`

`
`Lawtender | Justice served with a twist!
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-1 Entered on FLSD Docket 04/28/2016 Page 1 of 13
`
`EXHIBIT AEXHIBIT C
`
`
`
`    
`
`Musings on the alienation of our judicial system from the people it was designed to
`serve.
`Belly up to the bar for a refreshing, sometimes frothy, drink of logic and sanity served
`up by the Lawtenders of LegalYou.
`
`http://lawtender.com/
`
`1/13
`
`The Great ABS Experiment in England is Failing, Especially When it Comes to Litigation
`
`

`
`Lawtender | Justice served with a twist!
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-1 Entered on FLSD Docket 04/28/2016 Page 2 of 13
`
`EXHIBIT AEXHIBIT C
`
`FRESHLY SERVED
`
`LATEST POSTS
`
`LAWTENDER BLOG POURS
`OUT A ROUND OF SANITY
` LAWTENDER, 12/11/2015
`
`Lawtender Blog Pours Out a Round of Sanity –
`Pros at the Law Game Belly Up at Virtual Pub
`and Muse on All Things Legal. …
`
`WORLD JUSTICE PROJECT
`2015: ACCESS TO JUSTICE IN
`THE US AND CANADA
` LAWTENDER, 02/24/2016
`
`World Justice Project 2015: Access to Justice in
`the US and Canada In another shameless plug for
`Avvo masquerading as a genuine concern for
`access …
`
`http://lawtender.com/
`
`2/13
`
`LegalYou: Your All-In-One
`Legal Resource
`
`LegalYou: Default Judgment
`
`LegalYou: The Process
`Server
`
`

`
`Lawtender | Justice served with a twist!
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-1 Entered on FLSD Docket 04/28/2016 Page 3 of 13
`
`EXHIBIT AEXHIBIT C
`
`IN CANADA, LAWYERS
`OFFER FREE
`CONSULTATIONS IN THE
`METRO
` LAWTENDER, 02/12/2016
`
`“Go into the subway to see a lawyer or notary,
`for us it is the symbol of access to justice. We’re
`going where the people …
`
`DOES POLITICAL BIAS IN
`THE JUDICIARY MATTER?:
`IMPLICATIONS OF JUDICIAL
`BIAS STUDIES FOR LEGAL
`AND CONSTITUTIONAL
`REFORM
` LAWTENDER, 02/11/2016
`
`Does Political Bias in the Judiciary Matter?:
`Implications of Judicial Bias Studies for Legal and
`Constitutional Reform This issue attests to the
`increasing signi(cid:200)cance of …
`
`JUDGE BEMOANS PLIGHT OF
`INDEPENDENT LITIGANTS
` LAWTENDER, 02/10/2016
`
`How Far Should a Judge Go in Helping a Pro Se
`Litigant? In an article posted on the Illinois Bar
`Association website, Judge Wright identi(cid:200)es …
`
`http://lawtender.com/
`
`3/13
`
`

`
`Lawtender | Justice served with a twist!
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-1 Entered on FLSD Docket 04/28/2016 Page 4 of 13
`
`EXHIBIT AEXHIBIT C
`
`CIVIL COURTS STRUCTURE
`REPORT: SET UP ONLINE
`COURTROOMS TO CUT
`LAWYERS OUT OF LEGAL
`PROCESS
` LAWTENDER, 02/09/2016
`
`Civil Courts Structure Report: Set Up Online
`Courtrooms to Cut Lawyers Out of Legal Process
`England, who gave us our common law system,
`still o(cid:207)en …
`
`REP. JOHNSON FIGHTS BILL
`DENYING ACCESS TO
`COURTS, JUSTICE FOR
`ASBESTOS VICTIMS
` LAWTENDER, 02/08/2016
`
`Rep. Johnson Fights Bill Denying Access to
`Courts, Justice for Asbestos Victims Issues:
`Consumer Protection, Justice, Civil Liberties, &
`Government Accountability House Republicans
`combined two …
`
`http://lawtender.com/
`
`4/13
`
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`Lawtender | Justice served with a twist!
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-1 Entered on FLSD Docket 04/28/2016 Page 5 of 13
`
`EXHIBIT AEXHIBIT C
`
`JUSTICE SHOULDN’T BE
`DENIED TO LOW-INCOME
`CITIZENS
` LAWTENDER, 02/05/2016
`
`Justice Shouldn’t be Denied to Low-Income
`Citizens The tidal wave of the great recession
`shrank the middle class and zapped the
`purchasing power of everyday …
`
`LOMAS V. KRAVITZ: HOW
`CLOSE IS TOO CLOSE FOR
`JUDICIAL BIAS?
` LAWTENDER, 02/05/2016
`
`How Close is Too Close for Judicial Bias? A
`plainti(cid:199)’s lawyer becomes a judge and looks to
`clear cases from his practice. He hands o(cid:199) …
`
`1 2 3 … 13 »
`
`LET'S STAY SOCIAL
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`Lawtender | Justice served with a twist!
`3/23/2016
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`EXHIBIT AEXHIBIT C
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`Lawtender | Justice served with a twist!
`3/23/2016
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`EXHIBIT AEXHIBIT C
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`IN CANADA, LAWYERS OFFER FREE CONSULTATIONS IN THE METRO
`LAWTENDER, 02/12/2016
`
`DOES POLITICAL BIAS IN THE JUDICIARY MATTER?: IMPLICATIONS OF
`JUDICIAL BIAS STUDIES FOR LEGAL AND CONSTITUTIONAL REFORM
`LAWTENDER, 02/11/2016
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`EXHIBIT AEXHIBIT C
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`course, it is - follow us on Facebook and Twitter for a constant supply of legal information, news,
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`EXHIBIT AEXHIBIT C
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`The Lawtender Blog*
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-2 Entered on FLSD Docket 04/28/2016 Page 1 of 2
`
`EXHIBIT BEXHIBIT C
`
`The Lawtender
`Blog*
`
`Ob s e r va t i o n s   a n d   C o m m e n t a r y   o n   t h e   Pa r a l l e l s   Be t we e n
`
`L a w ye ri n g   a n d   Ba r t e n d i n g .
`
`WELCOME
`
`BLOG
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`CONTACT
`
`WELCOME
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`http://lawtenderblog.com/
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`1/2
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`The Lawtender Blog*
`3/23/2016
`Case 9:16-cv-80677-XXXX Document 1-2 Entered on FLSD Docket 04/28/2016 Page 2 of 2
`
`EXHIBIT BEXHIBIT C
`Before I began my career as an attorney, I tended bar for
`approximately six years at various establishments.  My
`employers ranged from the college dive bar, to the 㤂ne
`dining, live jazz, gourmet restaurant, to the corporate
`restaurant, to the bar on the beach.  These experiences taught
`me a lot about people and gave me real world vetting that
`helped me later in my legal career. 
`
`I have been an attorney now for approximately six years at
`various types of 㤂rms.  My employers have ranged from the
`non-pro㤂t law 㤂rm, dealing with poverty law issues and
`advocating for those individuals unable to help themselves, to
`the investment bank, working on risk assessment and
`management as an in-house attorney, to the "Big Law" law
`㤂rm, working in the litigation department.  These experiences
`taught me . . . that I am still a bartender.  A lawtender.
`
`This blog is intended to observe and comment on the eerie
`parallels between both of these occupations, as I have
`experienced them.
`
`*  The materials available at this website are for entertainment
`purposes only and not for the purposes of providing legal advice,
`services, opinions, or information.  Any opinions contained on this
`site are the opinions of the individual author and do not re射ect the
`opinion of any 㤂rm, or other individual or lawtender.
`
`http://lawtenderblog.com/
`
`2/2
`
`

`
`Case 9:16-cv-80677-XXXX Document 1-3 Entered on FLSD Docket 04/28/2016 Page 1 of 7
`
`EXHIBIT CEXHIBIT C
`
`PTO Form 1478 (Rev 9/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2018)
`
`Trademark/Service Mark Application, Principal Register
`
`Serial Number: 86635477
`Filing Date: 05/20/2015
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`86635477
`
`MARK INFORMATION
`
`*MARK
`
`LAWTENDER
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`YES
`
`YES
`
`LITERAL ELEMENT
`
`LAWTENDER
`
`MARK STATEMENT
`
`The mark consists of standard characters,
`without claim to any particular font, style,
`size, or color.
`
`REGISTER
`
`Principal
`
`APPLICANT INFORMATION
`
`*OWNER OF MARK
`
`*STREET
`
`*CITY
`
`*STATE
`(Required for U.S. applicants)
`
`*COUNTRY
`
`*ZIP/POSTAL CODE
`(Required for U.S. applicants)
`
`LEGAL ENTITY INFORMATION
`
`TYPE
`
`COUNTRY OF CITIZENSHIP
`
`Ice, Thomas
`
`1015 N State Rd 7
`
`Royal Palm Beach
`
`Florida
`
`United States
`
`33511
`
`individual
`
`United States
`
`GOODS AND/OR SERVICES AND BASIS INFORMATION
`
`INTERNATIONAL CLASS
`
`009(cid:160)
`
`Downloadable educational course materials
`
`

`
`Case 9:16-cv-80677-XXXX Document 1-3 Entered on FLSD Docket 04/28/2016 Page 2 of 7
`
`EXHIBIT CEXHIBIT C
`
`*IDENTIFICATION
`
`FILING BASIS
`
`INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`FILING BASIS
`
`INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`FILING BASIS
`
`INTERNATIONAL CLASS
`
`*IDENTIFICATION
`
`in the field of law; Downloadable webinars in
`the field of law.
`
`SECTION 1(b)
`
`016(cid:160)
`
`Educational publications, namely,
`educational learning cards, flash cards,
`activity cards, workbooks, textbooks, activity
`books, teacher guides, manuals, posters and
`educational booklets in the field of law;
`Textbooks in the field of law.
`
`SECTION 1(b)
`
`041(cid:160)
`
`Providing in person and online non-
`downloadable classes and seminars in the
`field of law.
`
`SECTION 1(b)
`
`045(cid:160)
`
`Legal services, namely, providing customized
`documentation, information, counseling,
`advice and consultation services in all areas
`of law; Providing legal services in the field of
`general practice; Providing on-line
`information and news in the field of law.
`
`FILING BASIS
`
`SECTION 1(b)
`
`ATTORNEY INFORMATION
`
`NAME
`
`Shauna Maloney
`
`ATTORNEY DOCKET NUMBER
`
`421566
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`Raj Abhyanker, P.C.
`
`451 N Shoreline Blvd
`
`Mountain View
`
`California
`
`United States
`
`94043
`
`650 965-8731
`
`650 989-2131
`
`EMAIL ADDRESS
`
`trademarks@legalforce.com
`
`

`
`Case 9:16-cv-80677-XXXX Document 1-3 Entered on FLSD Docket 04/28/2016 Page 3 of 7
`
`EXHIBIT CEXHIBIT C
`
`AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
`
`OTHER APPOINTED ATTORNEY
`
`John Salcido, Rachel Wenzel, Udeme Uwan,
`Christopher Civil
`
`CORRESPONDENCE INFORMATION
`
`NAME
`
`FIRM NAME
`
`STREET
`
`CITY
`
`STATE
`
`COUNTRY
`
`ZIP/POSTAL CODE
`
`PHONE
`
`FAX
`
`Shauna Maloney
`
`Raj Abhyanker, P.C.
`
`451 N Shoreline Blvd
`
`Mountain View
`
`California
`
`United States
`
`94043
`
`650 965-8731
`
`650 989-2131
`
`*EMAIL ADDRESS
`
`trademarks@legalforce.com
`
`*AUTHORIZED TO COMMUNICATE VIA
`EMAIL
`
`Yes
`
`FEE INFORMATION
`
`APPLICATION FILING OPTION
`
`TEAS RF
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`*TOTAL FEE DUE
`
`*TOTAL FEE PAID
`
`4
`
`275
`
`1100
`
`1100
`
`SIGNATURE INFORMATION
`
`SIGNATURE
`
`SIGNATORY'S NAME
`
`/Shauna Maloney/
`
`Shauna Maloney
`
`SIGNATORY'S POSITION
`
`Attorney of record, CA bar member
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`650 390 6382
`
`05/20/2015
`
`

`
`Case 9:16-cv-80677-XXXX Document 1-3 Entered on FLSD Docket 04/28/2016 Page 4 of 7
`
`EXHIBIT CEXHIBIT C
`
`PTO Form 1478 (Rev 9/2006)
`
`OMB No. 0651-0009 (Exp 02/28/2018)
`
`Trademark/Service Mark Application, Principal Register
`
`To the Commissioner for Trademarks:
`
`Serial Number: 86635477
`Filing Date: 05/20/2015
`
`MARK:(cid:160)LAWTENDER(cid:160)(Standard Characters, see mark)
`The literal element of the mark consists of LAWTENDER.
`The mark consists of standard characters, without claim to any particular font, style, size, or color.
`
`The applicant, Thomas Ice, a citizen of United States, having an address of
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)1015 N State Rd 7
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Royal Palm Beach, Florida 33511
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)United States
`
`requests registration of the trademark/service mark identified above in the United States Patent and
`Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051
`et seq.), as amended, for the following:
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) International Class 009: (cid:160)Downloadable educational course materials in the field of law;
`Downloadable webinars in the field of law.
`Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company
`or licensee the mark in commerce on or in connection with the identified goods and/or services. (15
`U.S.C. Section 1051(b)).
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) International Class 016: (cid:160)Educational publications, namely, educational learning cards, flash cards,
`activity cards, workbooks, textbooks, activity books, teacher guides, manuals, posters and educational
`booklets in the field of law; Textbooks in the field of law.
`Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company
`or licensee the mark in commerce on or in connection with the identified goods and/or services. (15
`U.S.C. Section 1051(b)).
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) International Class 041: (cid:160)Providing in person and online non-downloadable classes and seminars in
`the field of law.
`Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company
`or licensee the mark in commerce on or in connection with the identified goods and/or services. (15
`U.S.C. Section 1051(b)).
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) International Class 045: (cid:160)Legal services, namely, providing customized docu