`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: June 1, 2017
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`Opposition/Cancellation No. 91232896
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`Boy Scouts of America
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`v.
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`CCG Creative, LLC
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`Ann Linnehan, Interlocutory Attorney
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`This case now comes up for consideration of Opposer’s motion (filed March 27,
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`2017) to strike the answer filed by Applicant on March 19, 2017. The motion is fully
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`briefed.1 Applicant’s April 3, 2017 filing is considered a surreply and will not be
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`considered. See Trademark Rule 2.127(a).
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`As an intital matter, the Board notes that Applicant answer and response brief
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`fail to include proof of service on the other party or parties, as required by
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`Trademark Rule 2.119(a). In order to expedite matters, the Board accepts these
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`filings. However, any future submissions that do not include proof of service may be
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`denied consideration.
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`Copies of all submissions filed in this proceeding must be served upon the other
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`party or parties, and accompanied by a statement signed by the attorney or other
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`authorized representative, attached to or appearing on the original submission
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`1 Like the Opposer, the Board is uncertain whether Applicant’s March 27, 2017 filing is an
`amended answer or a response to the motion to strike. To the extent it is entitled a “re-
`sponse” to the motion, the Board will construe it as such.
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`Opposition No. 91232896
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`when filed, clearly stating the date and manner in which service was made. See
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`Trademark Rule 2.119(a); TBMP § 113.03. The statement will be accepted as prima
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`facie proof of service, must be signed and dated, and should take the form of a certif-
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`icate of service as follows:
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`I hereby certify that a true and complete copy of the foregoing (insert title of
`submission) has been served on (insert name of opposing counsel or party) by
`forwarding said copy on (insert date of mailing), via email (or insert other ap-
`propriate method of delivery) to: (set out name, and address or email address
`of opposing counsel or party).
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`Signature______________________________
`Date___________________________________
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`At the following link to TTABVUE, the parties may view all submissions in this
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`proceeding: http://ttabvue.uspto.gov.
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`The Board may, upon motion or by its own initiative, order stricken from a
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`pleading any insufficient defense or any redundant, immaterial, impertinent, or
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`scandalous matter. See Fed. R. Civ. P. 12(f). Motions to strike are not favored, and
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`matter will not be stricken unless it clearly has no bearing upon the issues under
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`litigation. See, e.g., FRA S.p.A. v. Surg-O-Flex of America, Inc., 194 USPQ 42, 46
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`(SDNY 1976); Leon Shaffer Golnick Advertising, Inc. v. William G. Pendil Market-
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`ing Co., Inc., 177 USPQ 401, 402 (TTAB 1977).
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`In support of its motion to strike, Oppose asserts that Applicant’s March 19,
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`2017 filing fails to comply with applicable Board rules as well as the Federal Rules
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`of Civil Procedure; that such filing is argumentative and fails to properly admit or
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`deny the allegations set forth in the notice of opposition; and that Applicant did not
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`write its response to the notice of opposition “in numbered paragraph format to cor-
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`2
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`Opposition No. 91232896
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`respond to the numbered paragraphs of Opposer’s Notice as is proper and custom-
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`ary.” Opposer argues that the Board should strike Applicant’s filing in its entirety.
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`The Board has carefully reviewed the March 19, 2017 filing and finds that
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`said communication does not comply with Fed. R. Civ. P. 8(b), which is made appli-
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`cable this proceeding by Trademark Rule 2.116(a).
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`Fed. R. Civ. P. 8(b) provides, in part:
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`(b) Defenses; Admissions and Denials.
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`(1) In General. In responding to a pleading, a party must:
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`(A) state in short and plain terms its defenses to each claim asserted
`against it; and
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`(B) admit or deny the allegations asserted against it by an opposing party.
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`(5) Lacking Knowledge or Information. A party that lacks knowledge or
`information sufficient to form a belief about the truth of an allegation
`must so state, and the statement has the effect of a denial.
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`The notice of opposition filed by Opposer consists of 38 paragraphs setting forth
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`the basis of Opposer's claim of damage. In accordance with Fed. R. Civ. P. 8(b),
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`Applicant must answer the notice of opposition by specifically admitting or
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`denying the allegations contained in each paragraph. If Applicant is
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`without sufficient knowledge or information on which to form a belief as
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`to the truth of any one of the allegations, it should so state and this will
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`have the effect of a denial. Trademark Rule 2.106(b)(2).
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`In view of the foregoing, the motion to strike is granted.
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`3
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`Opposition No. 91232896
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`Applicant is allowed until JUNE 28, 2017 in which to file through ESTTA
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`pursuant to Trademark Rule 2.106(b)(1)2, and serve pursuant to Trademark Rule
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`2.119(b), an answer which complies with Fed. R. Civ. P. 8(b).
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`Accordingly, conference, disclosure, discovery and trial dates are reset as follows:
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`Time to Answer
`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
`BRIEFS SHALL BE DUE AS FOLLOWS:
`Plaintiff's Main Brief Due
`Defendant's Main Brief Due
`Plaintiff's Reply Brief Due
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`
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`June 28, 2017
`July 28, 2017
`July 28, 2017
`August 27, 2017
`December 25, 2017
`January 24, 2018
`March 10, 2018
`April 24, 2018
`May 9, 2018
`June 23, 2018
`July 8, 2018
`August 7, 2018
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`October 6, 2018
`November 5, 2018
`November 20, 2018
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony
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`is taken and introduced out of the presence of the Board during the assigned testi-
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`mony periods. The parties may stipulate to a wide variety of matters, and many re-
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`quirements relevant to the trial phase of Board proceedings are set forth in Trade-
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`mark Rules 2.121 through 2.125. These include pretrial disclosures, the manner
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`and timing of taking testimony, matters in evidence, and the procedures for submit-
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`ting and serving testimony and other evidence, including affidavits, declarations,
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`2 Instructions and forms for filing through ESTTA are available at http://estta.uspto.gov.
`All Board proceeding files can be viewed via TTABVUE at http://ttabvue.uspto.gov.
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`4
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`Opposition No. 91232896
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`deposition transcripts and stipulated evidence. Trial briefs shall be submitted in ac-
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`cordance with Trademark Rules 2.128(a) and (b). Oral argument at final hearing
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`will be scheduled only upon the timely submission of a separate notice as allowed by
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`Trademark Rule 2.129(a).
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`*
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`*
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`*
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`NOTICE: CHANGES TO THE TRADEMARK TRIAL AND APPEAL BOARD
`(“BOARD”) RULES OF PRACTICE WILL BE EFFECTIVE JANUARY 14, 2017.
`The USPTO published a Notice of Final Rulemaking in the Federal Register on Oc-
`tober 7 2016, at 81 F.R. 69950. It sets forth several amendments to the rules that
`govern inter partes (oppositions, cancellations, concurrent use) and ex parte appeal
`proceedings.
`For complete information, the parties are referred to:
`• The Board’s home page on the uspto.gov website:
`http://www.uspto.gov/trademarks-application-process/trademark-trial-and-
`appeal-board-ttab
`• The final rule:
`http://www.uspto.gov/sites/default/files/documents/81%20FR%2069950.pdf
`• A chart summarizing the affected rules and changes:
`http://www.uspto.gov/sites/default/files/documents/RulesChart_01_14_17.pdf
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`For all proceedings, including those already in progress on January 14, 2017,
`some of the changes are:
`• All pleadings and submissions must be filed through ESTTA. Trademark
`Rules 2.101, 2.102, 2.106, 2.111, 2.114, 2.121, 2.123, 2.126, 2.190 and 2.191.
`• Service of all papers must be by email, unless otherwise stipulated. Trade-
`mark Rule 2.119.
`• Response periods are no longer extended by five days for service by mail.
`Trademark Rule 2.119.
`• Deadlines for submissions to the Board that are initiated by a date of service
`are 20 days. Trademark Rule 2.119. Responses to motions for summary
`judgment remain 30 days. Similarly, deadlines for responses to discovery re-
`quests remain 30 days.
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`5
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`Opposition No. 91232896
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`• All discovery requests must be served early enough to allow for responses
`prior to the close of discovery. Trademark Rule 2.120. Duty to supplement
`discovery responses will continue after the close of discovery.
`• Motions to compel initial disclosures must be filed within 30 days after the
`deadline for serving initial disclosures. Trademark Rule 2.120.
`• Motions to compel discovery, motions to test the sufficiency of responses or
`objections, and motions for summary judgment must be filed prior to the first
`pretrial disclosure deadline. Trademark Rules 2.120 and 2.127.
`• Requests for production and requests for admission, as well as interrogato-
`ries, are each limited to 75. Trademark Rule 2.120.
`• Testimony may be submitted in the form of an affidavit or declaration.
`Trademark Rules 2.121, 2.123 and 2.125
`• New requirements for the submission of trial evidence and deposition tran-
`scripts. Trademark Rules 2.122, 2.123, and 2.125.
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`• For proceedings filed on or after January 14, 2017, in addition to the
`changes set forth above, the Board’s notice of institution constitutes service of
`complaints. Trademark Rules 2.101 and 2.111.
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`This is only a summary of the significant content of the Final Rule. All parties in-
`volved in or contemplating filing a Board proceeding, regardless of the date of com-
`mencement of the proceeding, should read the entire Final Rule.
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`Pro Se Information
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`It is noted that Applicant intends to represent itself in this proceeding. While
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`Patent and Trademark Rule 11.14 permits any person to represent itself, it is
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`6
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`Opposition No. 91232896
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`strongly advisable for a person who is not acquainted with the technicalities of the
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`procedural and substantive law involved in inter partes proceedings before the
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`Board to secure the services of an attorney who is familiar with such matters. The
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`Patent and Trademark Office cannot aid in the selection of an attorney. See TBMP §
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`114.02.
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`Submissions in Board proceedings must be made via ESTTA, the Electronic Sys-
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`tem for Trademark Trials and Appeals, and must be in compliance with Trademark
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`Rules 2.126(a) and (b). See TBMP § 110.01. The ESTTA user manual, ESTTA forms,
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`and instructions for their use are at http://estta.uspto.gov/.
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`It is recommended that any pro se party be familiar with the latest edition of
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`Chapter 37 of the Code of Federal Regulations, which includes the Trademark Rules
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`of Practice. Parties should also be familiar with the Trademark Trial and Appeal
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`Board Manual of Procedure (TBMP), available at http://www.uspto.gov/trademarks-
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`application-process/trademark-trial-and-appeal-board-ttab, the TTABVUE system
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`for
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`viewing
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`the
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`record
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`for
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`all Board
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`proceedings,
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`available
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`at
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`http://ttabvue.uspto.gov/ttabvue/, and the Standard Protective Order, available at
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`https://www.uspto.gov/trademarks-application-process/appealing-trademark-
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`decisions/standard-documents-and-guidelines-0.
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`Strict compliance with the Trademark Rules of Practice, and where applicable
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`the Federal Rules of Civil Procedure, is required of all parties, whether or not they
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`are represented by counsel. McDermott v. San Francisco Women’s Motorcycle Con-
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`7
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`Opposition No. 91232896
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`tingent, 81 USPQ2d 1212, n.2 (TTAB 2006), aff’d unpub’d, 240 Fed. Appx.865 (Fed.
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`Cir. 2007), cert. denied, 552 U.S. 1109 (2008).
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`8
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