Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1010231
`
`Filing date:
`
`10/21/2019
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`91239995
`
`Plaintiff
`Apple Inc.
`
`GLENN A GUNDERSEN
`DECHERT LLP
`CIRA CENTRE, 2929 ARCH STREET
`PHILADELPHIA, PA 19104-2808
`UNITED STATES
`trademarks@dechert.com, glenn.gundersen@dechert.com, jen-
`nifer.insley-pruitt@dechert.com
`215-994-2183
`
`Motion to Suspend for Settlement Discussions
`
`Jennifer Insley-Pruitt
`
`jennifer.insley-pruitt@dechert.com, trademarks@dechert.com
`
`/Jennifer Insley-Pruitt/
`
`10/21/2019
`
`Apple v. Cartoon Network Opp. No. 91239995 10.21.19 Motion to Sus-
`pend.pdf(84206 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
` Opposition No. 91239995
`
`
`
`
`
`
`
`APPLE INC.,
`
` Opposer,
`
` v.
`
`THE CARTOON NETWORK, INC.,
`
` Applicant.
`
`
`
`
`
`
`
`MOTION FOR SUSPENSION FOR SETTLEMENT WITH CONSENT
`
`Apple Inc. (“Apple”) hereby submits this Motion for Suspension for Settlement with
`
`Consent, seeking a 30-day suspension of the proceedings.
`
`In the last Order in this matter, dated September 24, 2019, the Board granted the
`
`September 20, 2019 consent motion of Apple for a suspension of these proceedings. In doing so,
`
`the Board required that any further requests for a suspension be accompanied by a detailed report
`
`on the progress of this matter, including the dates on which the parties communicated and
`
`methods of communication, the general nature of each communication, the issues resolved and
`
`those that remain, and a proposed timetable for resolution of remaining issues. Apple herein
`
`provides a progress report as requested by the Board.
`
`The parties have completed negotiation of a written settlement agreement. On October 9,
`
`2019, the parties communicated by email regarding the terms of their global settlement
`
`agreement, which will resolve all of the issues in this proceeding. The general nature of the
`
`communication related to the logistics of obtaining extensions and finalizing the global
`
`settlement agreement.
`
`
`
`The parties are currently working to finalize the details of their written global settlement
`
`agreement. The parties expect to accomplish this task within thirty days or less.
`
`Suspension is therefore requested in order to afford the parties the opportunity to finalize
`
`their settlement agreement.
`
`Accordingly, Apple, by its counsel and with the express consent of counsel for The
`
`Cartoon Network, Inc., requests that these proceedings be suspended for 30 days and all
`
`upcoming dates reset as follows:
`
`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:
`
`
`
`
`
`
`11/18/2019
`
`12/18/2019
`
`12/18/2019
`
`01/17/2019
`
`05/16/2020
`
`06/15/2020
`
`07/30/2020
`
`09/13/2020
`
`09/28/2020
`
`11/12/2020
`
`11/27/2020
`
`12/27/2020
`
`02/25/2020
`
`03/27/2021
`
`04/10/2021
`
`04/20/2021
`
`
`
`Dated: October 21, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`_______________________________
`
`Glenn A. Gundersen
`
`Jennifer Insley-Pruitt
`
`DECHERT LLP
`Cira Centre, 2929 Arch Street
`Philadelphia, PA 19104-2808
`(215) 994-2183
`glenn.gundersen@dechert.com
`jennifer.insley-pruitt@dechert.com
`
`
`
`Attorneys for Apple Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 21, 2019, a true and correct copy of the foregoing Motion
`
`for Suspension for Settlement With Consent has been duly served by email on counsel for The
`
`Cartoon Network, Inc. at the below email addresses:
`
`tcnuspto@turner.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Jennifer Insley-Pruitt
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
