Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA947461
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`Filing date:
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`01/15/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91244705
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`Party
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`Correspondence
`Address
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`Defendant
`Algobrix Ltd.
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`ARNOLD S WEINTRAUB
`THE WEINTRAUB GROUP PLC
`24901 NORTHWESTERN HWY, SUITE 311
`SOUTHFIELD, MI 48075
`UNITED STATES
`ipdocket@weintraubgroup.com
`248-809-2005
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Other Motions/Papers
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`Arnold S. Weintraub
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`aweintraub@weintraubgroup.com
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`/Arnold S. Weintraub/
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`01/15/2019
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`Attachments
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`20190115 Resp. to Notice of Default for Filing.pdf(557693 bytes )
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`LEGO JURIS AIS.
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`Opposer,
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`-against-
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`ALGOBRIX, LTD.
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`Applicant.
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`Opposition No.: 91244705
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`RESPONSE TO NOTICE OF DEFAULT
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`Now comes Applicant, ALGOBRIX, LTD., through its counsel, ARNOLD S.
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`WEINTRAUB and THE WEINTRAUB GROUP, P.L.C., and hereby requests that the
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`Default entered in this matter on January 2, 2019 be set aside.
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`In accordance with Fed.R.Civ.P. 55(b)(2) and TBMP 312.02, it is submitted that good
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`and sufficient cause will be established hereinbelow, meriting the setting aside of the
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`Default.
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`Prior to the beginning of the new year, discussions were held between the
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`undersigned and counsel for Opposer, Laura Popp-Rosenberg of the Fross Zelnick Law
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`Firm. The discussions were regarding the disclaimer of the “brick" background on the mark
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`design and the “brix” portion of the mark “Algobrix” in order to resolve the Opposition.
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`It was agreed between the parties that such disclaimer would be entered into. As a
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`result, counsel for Opposer agreed to dismiss the Opposition and to draft the disclaimer.
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`However, it appears that because of the Christmas and New Year holidays and other
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`vacation times, not only was the document not prepared and filed by counsel for Opposer,
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`but Applicant’s attorney, without any intent to the contrary, failed to timely file the
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`Answer.
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`In addition, the undersigned counsel for Applicant was on a holiday vacation during
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`this critical time period, not returning to his office until after January 2, 2019.
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`Since receiving the Notice of Default, counsel for Applicant has tried to reach
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`counsel for Opposer, but, to no avail.
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`In any event, since there was an agreement in principal to resolve this matter, it is
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`believed that the necessary good cause has been established herein for setting aside the
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`Default is respectfully requested.
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`Furthermore, in order to ensure timeliness, appended hereto is the Answer to the
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`Notice of Opposition.
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`Dated: January 15, 2019
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`THE WEIN‘TRAUB GROUP, P.L.C.
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`lArnold S. Weintraub/
`Arnold S. Weintraub
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`24901 Northwestern Hwy, Suite 311
`Southfield, MI 48075
`(248) 809-2005
`aweintaru weintraub rou .com
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Response to Notice of
`Default was served upon Ms. Laura Popp-Rosenberg, lpopp-rosenberngzlzcom Fross,
`Zelnick, Lehrman, & Zissu, P.C., 4 Times Square, 17“1 Floor, New York, NY 10036.
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`lDede Phillips!
`Dede Phillips
`The Weintraub Group, P.L.C.
`24901 Northwestern Hwy., Suite 311
`Southfield, MI 48075
`
`(248) 809-2005
`dphfllipflweintraubgroupcom
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`LEGO JURIS AIS.
`
`Opposer,
`
`against-
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`ALGOBRIX, LTD.
`
`Applicant.
`
`
`Opposition No.: 91244705
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`ANSWER TO OPPOSITION
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`Now comes Applicant, ALGOBRIX, LTD, by and through its Attorneys, ARNOLD S.
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`WEINTRAUB and THE WEINTRAUB GROUP, P.L.C., and hereby submits the following
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`Answer to the Opposition filed herein.
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`1.
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`2.
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`Applicant admits Paragraph 1.
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`Applicant admits Paragraph 2.
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`Applicant admits Paragraph 3.
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`Applicant admits Paragraph 4.
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`Applicant admits Paragraph 5.
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`Applicant denies Paragraph 6 as to a “misspelling" of “bricks" but is rather an
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`eye dialect.
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`Applicant denies Paragraph 7 as untrue and further states this is not an
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`erroneous misspelling but is an eye dialect and further within the context of the
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`mark as a whole, the mark is not descriptive.
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`Applicant neither admits nor denies Paragraph 8, being without sufficient
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`knowledge to form a belief to same and therefore, leaves Opposer to its proofs.
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`Applicant denies Paragraph 9 as untrue.
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`
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`10. Applicant denies Paragraph 10 as untrue.
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`11. Applicant admits Paragraph 11.
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`12. Applicant denies Paragraph 12 as untrue.
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`13. Applicant denies Paragraph 13 as untrue.
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`14. Applicant denies Paragraph 14 as untrue.
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`WHEREFORE, Applicant respectfully requests that this Opposition be dismissed,
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`and that Application Serial No. 79227776 be passed to registration.
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`Dated: January 15, 2019
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`THE WEINTRAUB GROUP, P.L.C.
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`[Arnold S. Weintraub/
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`Arnold S. Weintraub
`
`24901 Northwestern Hwy., Suite 311
`Southfield, MI 48075
`(248) 8092005
`aweintaru weintraub on .com
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Response to Notice of
`Default was served upon Ms. Laura Popp-Rosenberg, lpopp-rosenbergfllezrom Fross,
`Zelnick, Lehrman, & Zissu, RC, 4 Times Square, 17th Floor, New York, NY 10036.
`
`IDede Phillips]
`Dede Phillips
`The Weintraub Group, P.L.C.
`24901 Northwestern Hwy., Suite 311
`Southfield, MI 48075
`(248) 809-2005
`dphillipflweintraubgroupcom
`
`
