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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`December 11, 2019
`
`Opposition No. 91239995
`
`Apple Inc.
`
`v.
`
`The Cartoon Network, Inc.
`
`Karl Kochersperger, Paralegal Specialist:
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`Opposer’s consented motion, filed November 18, 2019, to suspend this proceeding
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`for 30 days is granted for good cause shown. The parties are reminded that there is a
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`continuing obligation to provide good cause in the form of progress reports for any
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`further extension or suspension request.
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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, as is the case here. 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)/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
`
`12/18/2019
`1/17/2020
`1/17/2020
`2/16/2020
`6/15/2020
`7/15/2020
`8/29/2020
`10/13/2020
`10/28/2020
`12/12/2020
`12/27/2020
`1/26/2021
`3/27/2021
`4/26/2021
`5/11/2021
`5/21/2021
`
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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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`2
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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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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the following criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text-searchable.
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re-filing. Note:
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`Parties are strongly encouraged to check the entire document before filing.3 The
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`Board will not extend or reset proceeding schedule dates or other deadlines to allow
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`3 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`3
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`Opposition No. 91239995
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`time to re-file documents. For more tips and helpful filing information, please visit
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`the ESTTA help webpage.
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`4
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