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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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`May 30, 2019
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`Opposition No. 91239995
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`
` v.
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`Apple Inc.
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`Veronica P. White, Paralegal Specialist:
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`The Cartoon Network, Inc.
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`Opposer’s consented motion, filed May 17, 2019, to further suspend this
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`proceeding for 30-days is granted.
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`The parties are advised due to the number of extensions approved thus far in this
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`proceeding, the Board imposes a condition on the approval of all future motions to
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`suspend or extend for settlement. Specifically, to establish good cause for all future
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`motions to suspend or extend, the parties must include in the motion a status report
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`setting forth what specific efforts the parties have made towards settlement during
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`the previous period of suspension. Such report must set forth, at a minimum, 1) all
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`dates on which the parties communicated, and the method of each
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`communication (e.g. telephone conferences, emails, in-person meetings), 2)
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`the general nature of each communication, 3) the issues that have been
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`resolved, 4) the issues that remain to be resolved or that remain for trial,
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`Opposition No. 91239995
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`and 5) a proposed timetable for resolution of the remaining issues.
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`Appropriately designated confidential information or materials may be filed under
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`seal pursuant to Trademark Rule 2.126(c). See TBMP § 605.02.
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`Due to this requirement, the parties may no longer use the ESTTA ”Consent
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`Motions” forms to submit motions to suspend or extend dates for settlement. Rather,
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`the parties must select the “Opposition, Cancellation or Concurrent Use (general
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`filings)” option, the “Scheduling Motions” option, then the “Motion to Suspend for
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`Settlement Discussions” form to which the parties may attach the motion they
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`prepared. The motion must set forth both the required status report and a proposed
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`trial schedule.1 The requirement to use the general filings ESTTA form is limited to
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`consent motions based on settlement discussions, and does not prohibit the use of
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`ESTTA consent forms for other filings. Absent the required status report, a
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`motion to suspend or extend may be denied, even if consented to by the
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`parties. If the Board denies such a motion, dates may remain as previously set. See
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`TBMP § 509.01(a).
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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. See Trademark Rules 2.117(c) and 2.127(a); and TBMP § 605.02.
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`1 When parties stipulate to the rescheduling of a deadline for pretrial disclosures and
`subsequent testimony periods or to the rescheduling of the closing date for discovery and the
`rescheduling of subsequent deadlines for pretrial disclosures and testimony periods, a
`stipulation presented in the form used in a trial order, signed by the parties, or a motion in
`said form signed by one party and including a statement that every other party has agreed
`thereto, shall be submitted to the Board through ESTTA, with the relevant dates set forth
`and an express statement that all parties agree to the new dates. Trademark Rule 2.121(d).
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`2
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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 June 17, 2019 without further notice or order from the Board, upon the
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`schedule set 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)/2.114(b)(1).
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`Conferencing, 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
`Plaintiff's Opening Brief Due
`Defendant's Brief Due
`Plaintiff's Reply Brief Due
`Request for Oral Hearing (optional) Due
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`6/21/2019
`7/21/2019
`7/21/2019
`8/20/2019
`12/18/2019
`1/17/2020
`3/2/2020
`4/16/2020
`5/1/2020
`6/15/2020
`6/30/2020
`7/30/2020
`9/28/2020
`10/28/2020
`11/12/2020
`11/22/2020
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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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`2 If the parties are (or during the pendency of this proceeding become) parties to another
`proceeding involving the subject application, the parties must notify the Board so the Board
`can consider whether consolidation or suspension of proceedings is appropriate.
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`3
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`Opposition No. 91239995
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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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`4
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