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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`April 25, 2019
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`Opposition No. 91239995
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`Apple Inc.
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`v.
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`Tyrone Craven, Acting Supervisory Paralegal:
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`The Cartoon Network, Inc.
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`Opposer’s consented motion, filed April 17, 2019, to suspend this proceeding for
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`30 days is granted.
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`Because the parties are negotiating for a possible settlement of this case,
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`proceedings are suspended, subject to the right of either party to request resumption
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`at any time.1 See Trademark Rules 2.117(c) and 2.127(a); and TBMP § 605.02.
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`1 The parties should note that if proceedings are suspended for a lengthy period of time
`pursuant to the filing of several motions to suspend for settlement, the Board retains
`discretion to condition the approval of any future consented or stipulated motion to suspend
`on a party or the parties providing necessary information about the status of settlement talks,
`discovery activities, or trial activities, as may be appropriate. See Trademark Rule 2.117(c).
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`Opposition No. 91239995
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`If, during the suspension period, either of the parties or their attorneys have a
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`change of address or email address, the Board should be so informed.2 See Trademark
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`Rule 2.18(b)(1).
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`In the event that there is no word from either party concerning the progress of
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`their negotiations, upon conclusion of the suspension period, proceedings shall
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`resume without further notice or order from the Board, upon the schedule set
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`forth below.
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`An answer must be filed through ESTTA, the Board’s Electronic System for
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`Trademark Trials and Appeals. See Trademark Rule 2.106(b)(1). Conferencing,
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`disclosure, discovery, and trial dates are reset as follows:
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` Proceedings Resume:
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` 5/18/2019
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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
`Plaintiff's Opening Brief Due
`Defendant's Brief Due
`Plaintiff's Reply Brief Due
`Request for Oral Hearing (optional) Due
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`
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`5/21/2019
`6/20/2019
`6/20/2019
`7/20/2019
`11/17/2019
`12/17/2019
`1/31/2020
`3/16/2020
`3/31/2020
`5/15/2020
`5/30/2020
`6/29/2020
`8/28/2020
`9/27/2020
`10/12/2020
`10/22/2020
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`2 If the parties are (or during the pendency of this proceeding become) parties to another
`proceeding involving the subject application/registration, the parties must notify the Board
`so the Board can consider whether consolidation or suspension of proceedings is appropriate.
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`2
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`Opposition No. 91239995
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, the
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`manner and timing of taking testimony, matters in evidence, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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`3
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