Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA714560
`ESTTA Tracking number:
`12/14/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Name
`Entity
`Composed Of:
`
`Address
`
`Wick Phillips Gould & Martin, LLP
`Texas
`Partnership
`Citizenship
`Bryan J. Wick, P.C. (USA), Kenneth Todd Phillips, P.C. (USA), Andrew M.
`Gould, PC (USA), Brant C. Martin, P.C. (USA), David Drez III P.C. (USA), Brad-
`ley K. Mahanay, PC (USA), J. Christopher Fuller, PC (USA), Erika Bright, P.C.
`(USA)
`3131 McKinney Avenue Suite 100
`Dallas, TX 75204
`UNITED STATES
`
`Attorney informa-
`tion
`
`Jerry C. Harris, Jr.
`Wick Phillips Gould & Martin, LLP
`3131 McKinney Avenue Suite 100
`Dallas, TX 75204
`UNITED STATES
`jerry.harris@wickphillips.com Phone:214-692-6200
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86675550
`12/14/2015
`
`Publication date
`Opposition Peri-
`od Ends
`
`11/17/2015
`12/17/2015
`
`Bruster PLLC
`1330 N White Chapel Blvd. Suite 100
`Southlake, TX 76092
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 045. First Use: 2015/04/23 First Use In Commerce: 2015/04/23
`All goods and services in the class are opposed, namely: Attorney services; Attorney services,
`namely, representation of clients in Intellectual Property and Commercial Law matters
`
`Grounds for Opposition
`
`Priority and likelihood of confusion
`
`Trademark Act section 2(d)
`
`Mark Cited by Opposer as Basis for Opposition
`
`U.S. Application
`No.
`Registration Date
`
`86833810
`
`NONE
`
`Word Mark
`
`LAW WITH PURPOSE
`
`Application Date
`
`11/30/2015
`
`Foreign Priority
`Date
`
`NONE
`
`

`
`Design Mark
`
`Description of
`Mark
`Goods/Services
`
`NONE
`
`Class 045. First use: First Use: 2010/06/17 First Use In Commerce: 2010/06/17
`Attorney services
`
`Attachments
`
`86833810#TMSN.png( bytes )
`Opposition.pdf(2243784 bytes )
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Signature
`Name
`Date
`
`/Jerry C. Harris, Jr./
`Jerry C. Harris, Jr.
`12/14/2015
`
`

`
`IN THE UNITED ST ATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE MATTER OF APPLICATION SERIAL NO. 86/675,550
`
`Mark
`
`Applicant
`Filed
`Published in
`the Official Gazette
`
`§ PRACTICING LAW WITH A
`HIGHER PURPOSE
`§ Bruster PLLC
`§ June 26, 2015
`
`§ November 17, 2015
`
`WICK PHILLIPS GOULD
`& MARTIN, LLP,
`
`Opposer,
`
`v.
`
`BRUSTER, PLLC,
`
`Applicants.
`
`§
`§
`§
`§ Opposition No. _____ _
`§
`§
`§
`§
`§
`§
`
`NOTICE OF OPPOSITION
`
`Opposer, ¥/ick Phillips Gould & Martin, LLP ("Wick Phillips" or "Opposer"), a Texas
`
`limited liability partnership having a place of business at 3131 McKinney Avenue, Suite 100,
`
`Dallas, Texas 75204 believes that it will be damaged by the registration of Application Serial No.
`
`86/675,550, filed on June 26, 2015, in the name of Bruster PLLC ("Applicant") for the alleged
`
`mark PRACTICING LAW WITH A HIGHER PURPOSE based on purported first use anywhere
`
`and first use in commerce of the alleged mark as least as early as April 23, 2015 in connection
`
`with "Attorney services; Attorney services, namely, representation of clients in Intellectual
`
`Property and Commercial Law matters" in International Class 45.
`
`The specific grounds for this opposition are as follows:
`
`

`
`1. Wick Phillips is a general practice law firm organized and existing under the laws of the
`
`State of Texas. Wick Phillips, through its predecessors-in-interest, has been engaged in the
`
`provision of attorney services since February 2, 2004 and has become well and favorably known
`
`to the public. for said services. Wick Phillips' attorney services comprise the practice areas of:
`
`bankruptcy and creditors' rights; bankruptcy litigation; civil appeals; commercial litigation;
`
`construction litigation and consultation; corporate and finance; corporate advisory; estate planning
`
`services; insurance coverage; intellectual property; labor and employment; oil and gas litigation,
`
`real estate, securities, tax; and technology.
`
`2. Since at least as early as June 17, 2010, Wick Phillips has actively advertised and promoted
`
`itself as practicing "law with purpose." Exhibit A (June 17, 2010 Press Release) and Exhibit B
`
`(June 24, 2011 Dallas Business Journal article).
`
`3. Since at least as early as November 8, 2011, Wick Phillips has used its Law with Purpose
`
`mark (hereinafter the "LAW WITH PURPOSE" mark) on its webpages, mailings, marketing, and
`
`other advertising materials. Exhibit C (Printout of Wick Phillips' webpage dated November 8,
`
`2011 ).
`
`4. Wick Phillips has dedicated significant amounts of time and money promoting and
`
`advertising its LAW WITH PURPOSE mark for attorney services.
`
`5. Wick Phillips continues to use its LAW WITH PURPOSE mark in connection with
`
`advertising attorney services. Exhibit D (Printout of Wick Phillips' webpage dated December 11,
`
`2015).
`
`6. Accordingly, Wick Phillips has on file Application Serial No. 86/833,810 requesting
`
`registration of its LAW WITH PURPOSE mark in International Class 45 in connection with
`
`"Attorney services."
`
`

`
`7. On information and belief, on June 26, 2015, Applicant, Bruster PLLC, having an address
`
`of 1330 North White Chapel Blvd., Suite 100, Southlake, Texas 76092, filed Application Serial
`
`No. 86/675,550 to register PRACTICING LA Vv WITH A HIGHER PURPOSE, based on a first
`
`use anywhere and a first use in commerce of the alleged mark as least as early as April 23) 2015
`
`in connection with "Attorney services; Attorney services, namely, representation of clients in
`
`Intellectual Property and Commercial Law matters" in International Class 45.
`
`8. Registration of Applicant's alieged mark, which is the subject of the application-in-
`
`opposition, is barred by the provisions of Section 2( d) and Section 3 of the Trademark Act of 1946
`
`because the said mark consists of or comprises a mark which so resembles Opposer's LAW WITH
`
`PURPOSE mark, which has been in extensive and longstanding use in commerce by the Opposer
`
`in relation to the provision of attorney services, as to be likely, when used in connection with the
`
`alleged services of the Applicant to cause confusion, mistake, or deception.
`
`9. Opposer has priority over Applicant because Opposer's date of first use in commerce of its
`
`LAW WITH PURPOSE mark precedes the Applicant's filing date for its Application Serial No.
`
`86/675,550 and/or any alleged date of first use in commerce of Applicant's alleged mark
`
`PRACTICING LAW WITH A HIGHER PURPOSE. Moreover, Opposer's date of first use in
`
`commerce of its LAW WITH PURPOSE mark precedes the Applicant's existence as a legally
`
`recognized entity. Exhibit E (July 1, 2013 Certificate of Formation).
`
`10. Applicant's alleged mark, PRACTICING LAW WITH A HIGHER PURPOSE, which is
`
`the subject of the application-in-opposition and Opposer's LAW WITH PURPOSE mark are
`
`similar. The Applicant's alleged mark incorporates Opposer's LAW WITH PURPOSE mark. The
`
`addition of the term "PRACTICING" prior to "LAW" and the insertion of "A HIGHER" between
`
`the "WITH" and "PURPOSE" terms is not enough to effectively distinguish Applicant's alleged
`
`

`
`mark from Opposer's mark. Use of such a similar mark by Applicant is likely to falsely suggest
`
`an association with Opposer's LAW ·wITH PURPOSE mark, particularly in view of the physical
`
`locations of Opposer and Applicant, the sphere of influence of said physical locations, and the
`
`similar and/or identical nature of the Opposer's and Applicant's offered services.
`
`11. Wick Phillips' main office located at 3131 McKinney Avenue, Suite 100, Dallas, Texas
`
`75204. Wick Philiips also maintains an office located at 100 Throckmorton Street, Suite 500
`
`Fort Worth, Texas 76102. If one were to establish a circle using the distance between Wick
`
`Phillips' Dallas and Fort Worth offices (approx. 35 miles) as the diameter of the circle, wherein
`
`each of the Dallas and Fort Worth offices were located along the circumference of the circle, the
`
`Applicant's purported physical location would lie within the circle.
`
`12. Applicant's claimed mark PRACTICING LAW WITH A HIGHER PURPOSE shown in
`
`the application-in-opposition so resembles Opposer's foregoing and previously used LAW WITH
`
`PURPOSE mark as to be likely to cause confusion, to cause mistake, or to deceive with consequent
`
`injury to the Opposer. For at least the reason of the locations of Opposer's and Applicant's places
`
`of business, the likelihood of confusion, mistake, or deception that would also arise from
`
`concurrent use and registration of Applicant's applied for mark with Opposer's use and registration
`
`of its LAW WITH PURPOSE mark is that (a) persons are likely to believe that Applicant's services
`
`are those of the Opposer, or (b) that Applicant's services are in some way legitimately connected
`
`or affiliated with, sponsored, approved,, endorsed, or licensed by Opposer when, in fact, they are
`
`not.
`
`13. In view of the foregoing, registration of Applicant's alleged mark PRACTICING LAW
`
`WITH A HIGHER PURPOSE is barred by the provisions of Section 2(d) and Section 3 of the
`
`

`
`Trademark .A.ct of 1946 (15 U.S.C. § 1052(d) and 15 U.S.C. § 1053) because the said mark consists
`
`of or comprises a mark which, when used in connection with the alleged services provided by the
`
`Applicant, is likely to cause confusion, mistake, or deception.
`
`14. Wick Phillips will be damaged by the issuance of a registration sought by Applicant within
`
`the meaning of 15 U.S.C. § 1063 because such registration sought by Applicant wouid support and
`
`assist Applicant in the confusing, misleading, and/or deceptive use of PRACTICING LAW WITH
`
`A HIGHER PURPOSE, and would give color of exclusive statutory rights to Applicant in violation
`
`and derogation of the prior and superior rights of Opposer.
`
`WHEREFORE, Opposer prays that this opposition be sustained in its favor, that
`
`registration be denied to Applicant on its Application Serial No. 86/675,550 and that the Board
`
`grant all further relief to Opposer that is necessary and just in these circumstances.
`
`Respectfully submitted,
`WICK PHILLIPS GOULD & MARTIN, LLP
`
`ATTORNEY FOR OPPOSER
`
`Date: December 14, 2015
`
`3131 McKinney Ave., Suite 100
`Dallas, Texas 75204
`(214) 692-6200 (Telephone)
`(214) 692-6255 (Facsimile)
`
`

`
`EXHIBIT A
`EXHIBIT A
`
`

`
`Wick Phillips Gould & Martin Opens Tarrant County Location I Business Wire
`
`Page 1 of 2
`
`Wkk Phmips Gould & Maitin Opens Tarrant County Location
`
`Br~nt f~1artin to Lead Fort Worth Office
`
`June 17, 2010 10:43 AM Eastern Daylight Time
`
`FORT WORTH, Texas--(BUSINESS WIRE)--Wick Phillips Gould Martin, LLP, a regional law firm
`specializing in complex commercial litigation, has staked its claim in Tarrant County.
`
`Known for its expertise in commercial litigation, dispute resolution, labor and employment law,
`regulatory compliance, intricate corporate transactions and bankruptcy-related representation, Wick
`Phillips has expanded its previous Fort Worth "satellite" office to open a full-service office at 100
`Throckmorton Street in One Tandy Center. The Fort Worth office will be managed by partner Brant C.
`Martin.
`
`A Fort Worth native, Martin has had an established law practice in Fort Worth for a number of years,
`serving mid-sized to Fortune 500 companies alike. "The Dallas-Fort Worth metroplex is an expansive
`market for legal services, which is hard to serve effectively with a single office," said Martin. "The Fort
`Worth business community has distinct needs that are best met by a law firm with a strong local
`presence and knowledge of the unique needs of Fort Worth clients. Given the steady increase of
`business development in Tarrant County and our experience in this market, opening a Fort Worth
`office just makes sense."
`
`Martin added, "Fort Worth not only has its own distinct culture, it's one of the most vital business
`communities in the world. As we continue to grow as a firm ourselves, opening an office specifically
`focused on Fort Worth will be a great benefit to us and our clients alike."
`
`Bryan Wick, a founding partner, agreed. "Our firm was formed to give clients the kind of personal
`attention and value-added services that are rare in today's legal market. All of our partners left leading
`law firms to develop a practice that provides big firm experience with small firm efficiency. Brant's
`background gives him the ideal perspective for expanding our services-and our
`philosophy-throughout Tarrant County."
`
`Prior to joining Wick Phillips, Martin was with Puls, Taylor & Woodson in Fort Worth, and he also
`practiced with Baker & McKenzie, an international law firm with a global presence. Martin attended
`Southern Methodist University School of Law, where he was class valedictorian and Editor-in ... Chief of
`the SMU Law Review.
`
`http://www.businesswire.com/news/home/20100617006027/en/Wick-Phillips-Gould-Mar... 11/18/2015
`
`

`
`Wick Phillips Gould & Martin Opens Tarrant County Location I Business Wire
`
`Page 2 of2
`
`Martin is a past president of the Tarrant County Young Lawyers Association. He was listed in Fort
`Worth Business Press' "40 Under 40," as well as D Magazine's "Best Lawyers Under 40." Martin's
`legal expertise includes all facets of trial and commercial litigation.
`
`About Wick Phillips Gould & Martin, LLP:
`
`Serving the legal needs o'f bus~nesses in a broad range of industries, Wick Phillips practices
`law wiih purpose, while primarily focusing on matters involving complex disputes and
`situations. Specialty areas include commercial litigation, bankruptcy, creditor's rights, civil
`appeals, corporate, corporate advisory, labor and employment, and securities. For more
`information visat 'ti\f\W1.wickphinipa.com.
`
`Contacts
`ichaei A. Burns & Associates
`Virginia Stuart, 21 4-521 a8596
`~stuc!ft@mbapr.~2!11
`
`http://www.businesswire.com/news/home/20100617006027 /en/Wick-Phillips-Gould-Mar.. . 11/18/2015
`
`

`
`EXHIBIT B
`EXHIBIT B
`
`

`
`Bryan J. Wick: 40 Under Forty Awards Honoree - Dallas Business Journal
`
`Page 1 of 2
`
`From the Dallas Business Journal
`: htt1:1: / /WWW .bizjm .. ~,rnal§aCOQ]/ dallas I print ... editkm0f)1:tl.Q6l24JJ?J3@n"·i-JAfk&
`40~under-fortv-awardsQhtml
`
`Bryan J. Wick: 40 Under Forty Awards
`Honoree
`
`Managing Partner & Co-founder, Wick Phillips Gould & Martin LLP
`
`SUBSCRIBER CONTENT: Jun 24, 2011, 5:00am CDT
`
`Staff Dallas Business Journal
`
`Being a litigator was Bryan Wick's goal since high school.
`
`He can't really remember why, but it was a foregone conclusion.
`
`After earning a law degree from Washington University, Wick gained courtroom
`experience working under several district judges in Missouri and Texas. While working at
`Bickel and Brewer, a boutique litigation firm specializing in complex disputes, he furthered
`his expertise and confirmed his desire to be a business litigator.
`
`"Through my early years as an attorney, I also realized that I wanted to start a law firm and
`hopefully operate in such a way that would differentiate our practice from the norm," Wick
`says. "Practicing law has given me the opportunity to creatively solve problems and work
`directly with clients every day, educating and advising them of their risks and potential
`liabilities so they can make informed business decisions.ii
`
`As co-founder of Wick Phillips Gould & Martin, Wick says his greatest challenge is working to
`differentiate his firm from the hundreds of others in North Texas.
`
`"We have a passion for delivering a higher level of service, value and results to our clients,"
`Wick says. "The firm's success has been achieved through the value we place on our client
`relationships and putting our clients' needs before our own."
`
`Wick says clients are relationships to be fostered, not transactions to be exploited. At Wick
`Phii!ios, he says, they practice "law with purpose."
`
`Despite popular perception, Wick doesn't actually work all the time.
`
`One of his goals in establishing Wick Phillips was to create a corporate culture that
`encouraged the firm's staff to take an active role in the community. As a result, more than
`60 percent of the firm's staff volunteers for community projects and supports a variety of
`charitable organizations.
`
`file:///C:/Users/jharris/Documents/WickPhillips%20Trademark(s)/Bryan J_ Wick%2040... 11/24/2015
`
`

`
`Bryan J. Wick: 40 Under Forty Awards Honoree - Dallas Business Journal
`
`Page 2 of2
`
`Wick is a member - and the firm is a sponsor - of Entrepreneurs for North Texas. Wick
`Phillips was a leading participant in the EFNT-sponsored Freedom Day 2010, where nearly
`all of Wick PhilliRs's employees volunteered among 500 others to pay tribute to lives lost
`during the 9/11 terrorist attacks.
`
`file:///C:/Users/jharris/Documents/WickPhillips%20Trademark(s)/Bryan J_ Wick%2040... 11/24/2015
`
`

`
`EXHIBITC
`EXHIBIT C
`
`

`
`Andrew M. Gould - Wick Phillips Gould & Martin, LLP
`
`Page 1 of 3
`
`· . ~I \JVickPhillips
`
`Gould 'F\!IarUn
`
`Lavv vvith Purpose.
`
`Andre\1v M. Gould
`Partner
`
`2100 Ross Avenue, Suite 950
`Dallas, Texas 75201
`
`214.740.4022 Direct
`214.692.6255 Facsimile
`
`andrew.gould@wickphillips.com
`
`V-CARD
`
`PRINT
`
`Andrew Gould heads the labor and employment practice of Wick
`Phillips. His practice principally involves the defense of federal and
`state employment discrimination claims, wrongful discharge claims,
`unfair labor practice claims under the National Labor Relations Act,
`contract negotiations, and denial of benefit claims under the
`Employee Retirement Income Security Act. Mr. Gould regularly
`counsels corporations on restrictive covenant law and general
`employment matters; strategic employment decisions; restructuring;
`labor union relations; employment investigations; and the
`Americans with Disabilities Act, including public accommodations.
`
`Prior to joining Wick Phillips, Mr. Gould practiced for many years in
`the labor and employment section of Akin Gump Strauss Hauer &
`Feld, LLP. Prior to Akin Gump, Mr. Gould worked in the Dallas
`office of Bickel & Brewer. Mr. Gould also worked for th'e U.S.
`Department of Labor, New York Office of the Solicitor.
`
`Mr. Gould is Board Certified in Labor and Employment Law by the
`
`http://www.wickphillips.com/andrew-gould?view=print
`
`11/8/2011
`
`

`
`Andrew M. Gould - Wick Phillips Gould & Martin, LLP
`
`Page 2 of 3
`
`Texas Board of Legal Specialization and is admitted to practice in
`New York and Texas as well as all federal courts in Texas.
`
`AWARDS & PUBLICATIONS
`
`Best Lawyers in Dallas, D Magazine (2005)
`
`Texas Super Lawyers, Texas Monthly and Law & Politics
`Magazine (2004, 2005, 2008-2011)
`
`Life Fellow, Dallas Bar Foundation
`
`Editor, Hofstra Law Review (1 992-94)
`
`PRACTICE AREAS
`
`Labor and Employment
`
`Unfair Competition/Restrictive
`Covenant Law
`
`Employment Litigation
`
`Labor Relations
`
`Wage and Hour
`
`Safety and Health
`
`EDUCATION
`
`University of Michigan {B.A., 1991)
`
`Hofstra University (J.D. , 1994) with
`honors
`
`PUBLICATIONS AND SPEECHES
`
`"Constructive Discharge," "Texas Commission on Human Rights Act," and Discrimination Based on
`National Origin, Religion, and Other Grounds," Texas Employment Law (James Publishing, 1998);
`
`Co-authoied "Experts in Employment Litigation: The Role of Reliability in Assessing Admissibility," 50
`Baylor L. Rev. 267 (1998);
`
`Speaker, "Coping with Mobile Employees: Seven Steps to Minimizing Unfair Competition," Texas
`Personnel Law Update, Dallas1Texas;
`
`Speaker, Advanced Workshop on Protecting and Extracting Value from Trade Secrets, Law Seminars
`lnt'I, Houston, Texas;
`
`"Recruiting," Employment Issues For Technology Companies;
`
`Speaker, "Evaluating Your Recruiting Practices, Policies, and Procedures," Human Resource Audits,
`Dallas, Texas;
`
`Speaker, "They're Stealing Our Employees! What You Need to Know to Protect Your Employees from
`Corporate Raiding and Predatory Hiring," AeA HR Series, Dallas, Texas;
`
`http://www.wickphillips.com/andrew-gould ?view=print
`
`11/8/2011
`
`

`
`Andrew M. Gould - Wick Phillips Gould & Martin, LLP
`
`Page 3 of 3
`
`Speaker, "Non-Competition Agreements: Common Scenarios and Practical Considerations," In-house
`Counsel Lecture Series, Dalias,Texas. Speaker, MySpace® in Your Space: Legal Implications of
`Technology Regarding Hiring, the FCRA, and Other Employment Practices, Dallas Bar Assoc., Dallas,
`Texas. Guest columnist, multiple employment law topics, Vision Care Product News
`
`ARTICLES
`
`No Such Thing as a Risk-Free Termination 05/2009
`
`Strategies for Surviving the Recession 03/2009
`
`'I Plead The Fifth!' - Employee Rights in Connection with Company Investigations 01/2009
`
`Changes to the ADA and Their Impact on Employers and Employees 11/2008
`
`"You Posted What Where?" ... Employment Issues Involving Social Networking Web Sites
`09/2008
`
`Political Expression In The Workplace 06/2008
`
`Minimize the Legat Risks of Leaves of Absence 05/2008
`
`Leave of Absence -
`
`the Family Medical Leave Act 03/2008
`
`Overtime Rules Under the FLSA 01 /2008
`
`Complying With Tightened Undocumented Worker Legislation 11/2007
`
`Withdrawing a Job Offer Before Employment Begins 09/2007
`
`Welcome News for Those Accused of Pay Discrimination 07/2007
`
`Follow This Checklist Before Firing Employees 05/2007
`
`Document, Document, Document: Three Keys to Effective Personnel Management 03/2007
`
`Employee Handbooks: A Must for AU Companies 01/2007
`
`Privacy
`
`i: Disclaimers
`
`•• Sitemap
`
`© 2011 Wick Phillips Gould & Martin, LLP. Dallas, Texas. All rights reserved.
`
`1...,, C • . ｾ＠ V'
`
`a ~\11.1 \f:v,·r.· i'"
`Purpose.
`
`•• i
`
`2100 Ross Avenue, Suite 950 Dallas , Texas 752 01 (214) 692-
`6200
`100 Throckmorton Street, Suite 550 Fort Worth, Texas 76102
`(817) 332-7788
`
`http://www.wickphillips.com/andrew-gould?view=print
`
`11/8/2011
`
`

`
`EXHIBITD
`EXHIBIT D
`
`

`
`Casey O'Neill - Wick Phillips
`
`Page 1 of 2
`
`m:JWickPhillips
`
`Lavv vviih Purpose.
`
`Casey O'Neill
`Associate
`
`100 Throckmorton Street,
`Suite 500
`Fort Worth, Texas 76102
`
`817.984.7422 Direct
`817.332.7789 Facsimile
`
`casey.oneill@wickphillips.com
`
`V-CARD
`
`PRINT
`
`PRACTICE AREAS
`
`Commercial Litigation
`
`Intellectual Property
`Litigation
`
`EDUCATION
`
`University of Houston Law
`Center (J.D. 2011)
`
`United States Military
`Academy, West Point
`(B.S., economics, 2001 )
`
`ADMISSIONS
`
`State Bar of Texas , 201 1,
`U.S. District Court for the
`Eastern, Northern and
`
`Casey O'Neill counsels clients across Texas in complex civil
`litigation, with an emphasis on the energy industry. He has played
`an active role in settlement negotiations and trials in business
`disputes including breach of contract, unfair competition, and patent
`infringement.
`
`Prior to law school and following his graduation from the United
`States Military Academy at West Point, Casey served more than
`seven years as a commissioned officer in the U.S. Army's Aviation
`branch and while on active duty, was a UH-60 Blackhawk pilot-in-
`command. He completed two combat deployments in Operation
`Iraqi Freedom. His military experience has afforded him skills key to
`successful litigation in discovery, settlement and trial phases---a
`confidence and willingness to advocate on behalf of his clients, a
`well-developed capacity to calculate and weigh risk, and an ability
`to deal effectively with senior management on the client side,
`opposing counsel, and other officers of the court.
`
`In addition to his work in general civil litigation, Casey has
`experience in patent litigation across a wide range of technologies,
`
`file:///C:/Users/jharris/Documents/WickPhillips%20Trademark(s)/Casey%200'Nei11%20... 12/11/2015
`
`

`
`Casey O'Neill - Wick Phillips
`
`Page 2 of 2
`
`Southern Districts of
`Texas, 2011
`
`including oil and gas, computer hardware and software, and SSL
`encryption.
`
`As a means of continuing his commitment to military service, Casey
`has recently applied for and been granted a security level of Secret
`Clearance by the US Department of Defense.
`
`HONORS
`
`U.S. Army, Army Aviator
`Badge (2001 ), Parachutist
`Badge (1999), Air Meda!
`(2005), Joint Service
`Commendation Medal (2004)
`
`Privacy
`
`Disclaimers
`
`•• Siternap
`
`© 2014 Wick Phillips. Dallas, Texas. All rights reserved .
`
`Lavv vvith
`Purpose.
`
`3131 McKinney Ave Suite 100 Dallas , Texas 75204 (214) 692 -
`
`6200
`100 Throckmorton Street , Suite 500 Fort Worth, Texas 76102
`
`(817) 332-7788
`7004 Bee Caves Rd. Bid 1, Suite 110 Austin , TX 78746 (512) 681-3732
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`file:///C:/Users/jharris/Documents/WickPhillips%20Trademark(s)/Casey%200'Neil1%20... 12/11/2015
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`

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`EXHIBITE
`EXHIBIT E
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`f ecreta; o~ ;at:- --Ii
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`1P.O. Box 13697
`jAustin, TX 78711-3697
`:iFAX: 512/463-5709
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`riling Fee: $300
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`Filed in the Office of the
`Secretary of State of Texas
`Filing#: 801809727 07/01/2013
`Document #: 488061750002
`Certificate of Formation
`Image Generated Electronically
`II
`I Professio~~!::~;d Liability
`for Web Filing !I
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`:~he tfling entity beirig' fonned is a·professlonai"limited liahHity"com~i'any. The .name ot the entity is: ..
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`Article 2 - Registered Agent and Registered Office
`:~f\0T~~ ~~.iti~I r.~gi~t~re,~ aQe~ti5. ｾｾ＠C>rQanizatiC>~ (cann.~t b~ ?C>r11pa~y ~ar11e(~bC>\le) ~~the n.~r;i,e_?f: . .. "". _-...... . _, .
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`:iName:
`iAnthony Bruster
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`. The business address of the registered agent and the registered office address is:
`:~treet Ad-dress:
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`Consent of Registered Agent
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`·[.iA. A ~()PY ()_f~~~ consentC>f E~Q~Ster~~ agent is attached.
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`.;w1s. The co'ri'seni""ofihe-registerecfag-enT"is"'maintai·n-ed b"ytii"e-eniity:·-
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`,CA. The limited liabiiiiy company is to be managed by managers.
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`p:13_. ,-~~ _limited liabiUty __ company Y'rn not have m.c1nc:lge.rs.: Manc1gem.~nt_ of th~ corTlpc1~y is reserved to the members.
`:The names and addresses of the governing persons are set forth below:
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`Article 4 - Purpose
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`•rrh~:~~;rllP~~Y t; ~~r9;~I~~d i~r tt{e ~;e~dit1o~~~fth~ p;~i~~;1o~~t;~~i~~:;~ttorth-~t>~~~~ ··~·~·-·. ;~ --~··-~·-······-~-- ~. ~.
`iThe Company is organized for the purpose of engaging in the practice of law,
`With such usual operations in the purchase, ownership, and disposition of
`;properties, the maintenance of records, and other business as is incidental to
`the conduct of a law firm.
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`:[The attached addendum, if any, is incorporated herein by reference.]
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`1The name and address of the organizer are set forth below. ·
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`!Samantha Cooper, attorney for Anthony Bruster
`750 N. St. Paui Street. Suite 1320,
`;Dallas. Texas 75201
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`Effectiveness of Filing
`j~A. This docurrient becomes effe~ive wh~n the docum~nt is ~le~ ~ythe secretary ~f st~~~·
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`lrJs. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
`si~ni~g. "J"~~ ~~le2yed, ~ff'~ctiye datE3. is: ...
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`Execution
`\The undersigned affirms that the person designated as registered agent has consented to the appointment. The
`1undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
`;traudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of [:
`:_1a~g?~~f~J_n~t~~:~:~~~!rto!~~?~t~e~~he;:~l;i~~9 in~!r~:111,~-~t.
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`iSamantha Cooper, attorney for Anthony Bruster
`jSignature of Organizer . -- ··- -· # -
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`FILING OFFICE COPY
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`CERTIFICATE OF SERVICE
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`I hereby certify that on December 14, 2015 a true and accurate copy of the foregoing
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`NOTICE OF OPPOSITION was caused to be served, via USPS first class mail, postage
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`prepaid, upon Applicant at the correspondence address of record:
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`Andrew J. Wright
`Bruster PLLC
`1330 N. White Chapel Blvd., Suite 100
`Southlake, TX 7 6092