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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA910040
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`Filing date:
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`07/18/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91240519
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
`
`Signature
`
`Date
`
`Defendant
`Theodore Lovely
`
`THEODORE LOVELY
`12 SEIDLER STREET, BASEMENT
`JERSEY CITY, NJ 07304
`UNITED STATES
`Email: jones9613@bellsouth.net, adaniels1877@gmail.com
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`Other Motions/Papers
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`Theodore Lovely
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`adaniels1877@gmail.com, jones9613@bellsouth.net
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`/s/ Theodore Lovely
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`07/18/2018
`
`Attachments
`
`BEAR USA vs Lovely Initial Disclosures 7-18-18.pdf(157771 bytes )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Application Serial No.: 87657123
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`Filed: July 18, 2018
`
`Mark: BEARSTRONG
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`Opposition No: 91240519
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`Published in the Official Gazette: March 31, 2018
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`__________________________________
`BEAR U.S.A., INC.,
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` )
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`Opposer,
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`v.
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`THEODORE LOVELY,
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`Applicant.
`__________________________________
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`INTITIAL DISCLOSURES
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`Pursuant to Fed. R. Civ. P. 26(a)(1), Defendant Theodore Lovely (“Defendant” or
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`“Theodore Lovely”) d/b/a “BearStrong” provides its initial disclosures to Plaintiffs or “Bear
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`USA”. These disclosures are based on Defendant’s preliminary understanding of Plaintiffs’
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`allegations and cause of action set forth in the Complaint having identified the asserted patent
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`claims(s), the specific acts/products/services accused of infringement, or any claim
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`constructions supporting Plaintiffs’ patent infringement theories. To the extent Plaintiffs
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`disagree with Defendant’s understanding of Plaintiffs’ claims, Defendant requests that the
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`parties meet-and-confer to clarify any misunderstanding. Defendant reserves the right to
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`supplement or amend these disclosures, including pursuant to Fed. R. Civ. P. 26(e), after
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`learning more about the nature and details of Plaintiffs’ allegations and legal claims.
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`I. Individuals Likely to Have Discoverable Information That Defendant May Use to
`Support Defenses and Counterclaims
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`
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`Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(i), Defendant discloses the following
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`individuals likely to have discoverable information that may be used to support
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`Defendant’s defenses and counterclaims. Defendant reserves the right to amend or
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`supplement these disclosure, including as provided by Fed. R. Civ. P. 26(e). The
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`following disclosures do not include persons whose testimony is likely to be used
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`solely for impeachment, rebuttal, or expert witness testimony, who will be disclosed in
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`accordance with the schedule set by the Court
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`Theodore Lovely
`Bear Strong
`12 Seidler Street
`Jersey City, NJ 07305
`(201) 844-0815
`(Contact Directly)
`Patricia Jones
`Bear Strong
`3191 Pinto Drive
`Powder Springs, GA 30127
`(678) 232-7692
`(Contact Directly)
`Daniel Ali
`Bear Strong
`47 Locust Street
`Jersey City, NJ 07305
`(201) 600-9439
`(Contact Directly)
`
`
`Knowledge regarding Bear Strong, the
`development, function, and operation of the
`Bear Strong system, proposed products, and
`marketing platform.
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`Knowledge regarding Bear Strong, the
`development, function, and operation of the
`Bear Strong system, proposed products, and
`marketing platform.
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`Knowledge regarding Bear Strong, the
`development, function, and operation of the
`Bear Strong system, proposed products, and
`marketing platform.
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`II. Description of Documents and Things in Defendant’s Possession, Custody, or Control
`That May Be Used to Support Defenses and Counterclaims
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`Pursuant to Fed. R. Civ. P. 26(a)(1)(A)(ii), Defendant hereby discloses the
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`following documents and things in its possession, custody or control that it may use to
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`support its defenses and counterclaims. Defendant reserves the right to amend or
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`supplement these disclosures as provided under Fed. R. Civ. P. 26(e). The following
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`disclosures do not include documents and things that are likely to be offered solely for
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`impeachment:
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`1. Documents regarding Bear Strong’s creation, structure, and operations.
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`2. Documents regarding Bear Strong’s accused “Bear” logo and apparel.
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`3. Documents regarding how Bear Strong plans to market products and provide
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`service to the public.
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`4. Documents regarding other licensed trademarks also utilizing the “Bear” name
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`and similar logo, issued prior to and after the registered dates listed by the Plaintiff.
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`5. Any documents or things produced or provided by Plaintiffs.
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` III. Reservation of Rights
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`Defendant reserves the right to amend or supplement these disclosure as provided by Fed.
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`R. Civ. P. 26(e) and to object to the admissibility of any document or statement herein or in
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`Plaintiffs’ initial disclosures on all bases set forth in the Federal Rules of Civil Procedure, Federal
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`Rules of Evidence, and governing law.
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`DATED this 18th day of July 2018.
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` Respectfully submitted,
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`/s/ Theodore Lovely
`Bear Strong
`12 Seidler Street
`Jersey City, NJ 07305
`(201) 844-0815
`adaniels1877@gmail.com
`
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`

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`CERTIFICATE OF SERVICE
`
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`I hereby certify that a true and complete copy of the foregoing Answer has been
`served on Timothy J. Kelly, McCarter & English, LLP, attorney for Bear U.S.A., Inc., by
`forwarding said copy on July 18, 2018, via email.
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`Theodore Lovely
`Basement
`12 Seidler Street
`Jersey City, NJ 07304
`Telephone: (202) 407-4000
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`/s/ Theodore Lovely
`Theodore Lovely
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