Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1052799
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`Filing date:
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`05/01/2020
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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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`91245594
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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
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`Signature
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`Date
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`Attachments
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`Plaintiff
`Ibrahim M. Nasser
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`IBRAHIM M NASSER
`PO BOX 5626
`CHULA VISTA, CA 91912
`UNITED STATES
`balweh@hotmail.com
`619-253-9624
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`Other Motions/Papers
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`Ibrahim Nasser
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`balweh@hotmail.com
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`/ibrahimnasser/
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`05/01/2020
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`Opposers Notice of failure to complete or comply Discovery Scent-
`blast.pdf(168389 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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`IBRAHIM NASSER and
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`SERIOUS SCENTS,
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`Opposition No.: 91245594
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`Opposers,
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` App. Serial No. 79/228,518
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`V.
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` Filing Date: December 14, 2017
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`GIVAUDAN SA,
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` Mark: SCENTBLAST
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` Applicant.
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`NOTICE OF FAILURE TO COMPLETE OR COMPLY DISCOVERY
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`The Trademark Trial And Appeal Board
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`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Kathryn E. Smith and Paul J. Linden
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`Please be advised and noticed:
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`Discovery was tendered to you on April 06, 2020.
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`A true copy of same is being electronically filed with the Trademark Board Court. You
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`have failed to respond completely. You didn’t Answer after properly noticed and been
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`served on April 06, 2020 and not answered .
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`If you do not satisfy the discovery request, or withdraw your application for the
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`scentblast Trademark I will move the Trademark Board for a summary judgment and
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`dismissal of your application.
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`I await your prompt and positive notice of withdrawal and abandonment of this
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`Trademark Infringement. You can avoid the other cost that will follow in collection of
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`damages in the District Federal Court.
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`Verification Of Pleading and Notice:
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`I Ibrahim M. Nasser verify this pleading to be true and correct under the penalty of
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`perjury of the the Law of the State of California and The Federal Court Rules
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`Entered in on May 01, 2020.
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`Respectfully submitted,
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`Ibrahim M. Nasser
`Owner/Serious Scents
`P.O.Box 5626

`Chula Vista, CA 91912
`Tel: (619) 253-9624
`balweh@hotmail.com
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`/Ibrahim Nasser/
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`_____________________
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`Ibrahim M. Nasser
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`CERTIFICATE OF SERVICE
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`I ROBY LISTER hereby certify that a true and correct copy of the NOTICE OF
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`FAILURE TO COMPLETE OR COMPLY DISCOVERY was served upon
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`Respondents’ Kathryn E. Smith and Paul J. Linden attorneys of record via first class
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`mail, email on the 1st day of May 2020, I am not a party to this cause of action. I am over
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`the age of 18 years and reside at 356 Roosevelt St #2 Chula Vista, CA 91910.
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`Served via first class mail the following address:
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`Kathryn E. Smith, Esq.
`Wood Herron & Evans LLP

`441 Vine Street, 2700 Carew Tower

`Cincinnati, OH 45202

`Phone: (513) 241-2324

`Email: ksmith@whe-law.com
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`Paul J. Linden, Esq.
`Wood Herron & Evans LLP

`441 Vine Street, 2700 Carew Tower

`Cincinnati, OH 45202

`Phone: (513) 241-2324

`Email: plinden@whe-law.com
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`/Roby Lister/
`___________________
`Roby Lister
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`OPPOSER’S INTERROGATORIES
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`Opposer, Ibrahim Nasser and Serious Scents, requests that GIVAUDAN SA, respond to
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`the following interrogatories. You are required to answer these interrogatories truthfully
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`separately and fully in writing, under oath and the penalty of perjury.
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`INSTRUCTIONS
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`A. Each Interrogatory is to be answered fully on the basis of information which is in
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`your possession or access or knowledge of.
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`B. In each of your answers to these Interrogatories, you are requested and legally required
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`to provide not only such information as in your possession, but also information as is
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`reasonably available or that you have knowledge of. In the event that you are able to
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`provide only partial response the information called for by any particular Interrogatory,
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`please provide all the information in your possession, or that you have knowledge of.
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`You are required to provide a statement that explains in detail the who, what where and
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`why you lack the inability to provide the requested information or any portion or
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`remainder of that information no matter it’s form or content, location, or disposition.
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`C. If you object to or otherwise decline to answer any portion of any Interrogatory,
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`you are required to provide a statement that explains in detail the who, what where and
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`why you refuse or object to providing the requested and legally required information or
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`any portion or remainder of that information no matter it’s form or content, location, or
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`disposition all information called for by that any portion of the Interrogatory to which
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`you do not object or to which you do not decline to answer. For those portions of an
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`Interrogatory to which you object or to which you do not decline to answer, state the
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`reason for such objection or declination in detail.
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`1. Please Explain in Detail: The Legal Basis & Use of Scentblast that is in Dispute As
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`Defined By Sub Parts Of (a-e:) as allowed by Federal Rule of Civil Procedure 33(a)(1).
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`Please see footnote1
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`a. Explain in detail the original source of the Scentblast you have laid claim to in the case
`at bar.
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`b. Please define original though process that resulted caused and created Scentblast
`Trademark
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`c. Please define and supply any and all pertinent facts that supports your present and
`continuing legal right claim title to use and apply Scentblast Trademark that is in dispute.
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`d. Provide copy of any and all documentation that supports your legal right to use of
`Scentblast.
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`e. Please define the dates of first use that resulted caused and created Scentblast
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`1 Federal Rule of Civil Procedure 33(a)(1). (a) In General. (1) Number. Unless otherwise stipulated or ordered by the court, a
`party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve
`additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).Court Rejects Black Letter
`Numerical Limit on Interrogatories Court adopts “related question approach” in requiring party to answer discrete subparts
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`A federal district court compelled a patent litigation defendant to answer interrogatories which the defendant contended exceeded the
`numerical limit imposed by Federal Rule of Civil Procedure 33(a)(1). The court held that in the context of patent litigation involving
`only one accused product and sufficiently related patents, an interrogatory with multiple subparts will be counted as a single
`interrogatory for purposes of the Rule 33 limit.
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`In Synopsys, Inc. v. Atoptech, Inc., the plaintiff sued the defendant for patent infringement based on just one allegedly infringing
`product. The plaintiff moved to compel responses to interrogatories, which the defendant opposed because it had previously answered
`the plaintiff’s first set of five interrogatories with at least 21 different subparts.
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` THE DEFENDANT ARGUED that responding to plaintiff’s second set of interrogatories would exceed the 25 interrogatory
`limit. The court examined whether the case involved more than one accused product, the number of patents in the suit, and whether
`interrogatories that asked for facts, documents, and witnesses related to a discrete subject or contention. Although there were four
`patents in the suit, the court concluded that there was only one accused product and the patent applications were sufficiently related to
`be the subject of a single inquiry.
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`Trademark at issue.
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`2. Please Explain in Detail of all persons who you may rely upon to support Scentblast
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`Trademark you have laid claim to in the case at bar.:
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`a. Supply the name
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`b. Addresses
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`c. Phone Numbers
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`d. Relationship
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`e. Type of Transaction
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`f. Date of Transaction
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`3. Please Explain of all payments made to any of the following in Detail who you may
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`rely upon to Support Scentblast Trademark you have laid claim to in the case at bar:
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`a. Supply the name
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`b. Addresses
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`c. Phone Numbers
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`d. Relationship
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`e. Type of Transaction
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`f. Date of Transaction
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`g. Service Provided
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`h. Amount of Transaction
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`i. Date of Delivery of Product or Service
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`j. True Copy of Invoice
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`k. Mode of Payment
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`4. Please Explain of all payments received from the sales of Scentblast Trademark
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`Products
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`any of the following in Detail who you may rely upon to Support Scentblast Trademark
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`you have laid claim to in the case at bar:
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`a. Supply the Name Buyer
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`b. Buyer Addresses
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`c. Buyers Phone Numbers
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`d. Buyer Relationship Date Established
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`e. Buyer Sales Transaction
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`d. Buyer Grenade Trademark Date of Transaction
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`f. Service Provided to Buyer
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`g. Amount of Transaction
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`h. Date of Delivery of Product or Service to Buyer
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`i. True Copy of Invoice to Buyer
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`j. Mode of Payment by buyer
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`5. Please Explain of all payments made to all raw material suppliers used in the creation
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`for the sales of Scentblast Trademark Products any of the following in Detail who you
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`may rely upon to Support Scentblast Trademark you have laid claim to in the case at bar:
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`a. Supplier’s Name Buyer
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`b. Supplier’s Addresses
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`c. Supplier’s Phone Numbers
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`d. Supplier’s Relationship Date Established
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`e. Supplier’s Sales Transaction
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`f. Supplier’s Grenade Trademark Date of Transaction
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`g. Service Provided to from Supplier’s to Your Business
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`h. Amount of Transaction with Supplier’s
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`i. Date of Delivery of Product or Service to your business from Supplier’s
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`j. True Copy of all Invoice Supplier’s invoices from start date to current date.
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`6. Please Explain of all payments made to all legal services used in the creation for the
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`sales of Scentblast Trademark Products any of the following in Detail who you may rely
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`upon to Support Scentblast Trademark you have laid claim to in the case at bar:
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`a. Trade Mark Researchers Name
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`b. Researchers Addresses
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`c Researchers Phone Numbers
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`d. Researchers Relationship Date Established
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`e. Researchers Transaction
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`d. Researchers Grenade Trademark Date of Transaction
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`f. Researchers who Provided Your Business with trademark research
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`g. Amount of paid to and for Legal Trademark Researchers
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`h. Date of Delivery of Trademark Researchers Service to your business
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`i. True Copy of all Invoice of Trademark Researchers Service to your business
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`invoices from start date to current date.
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`7. Please supply in detain under what legal theory you claim you may be entitled to rely
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`upon to Support Scentblast Trademark you have laid claim to in the case at bar:
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`a. Are you Claiming First Use as the theory you claim you may to rely upon that entitles
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`and supports that claimed right explain in detail:
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`b. If you elect to use First use claim please supply true copies of
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`1. Legal Authorities to support those claim of First Trademark use you have laid claim to
`in the case at bar:
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`2. Define Persons who will be called as witnesses to support your first use claim
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`Scentblast Trademark you have laid claim to in the case at bar:
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`a. Witnesses Name
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`b. Witnesses Addresses
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`c. Witnesses Phone Numbers
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`d. Witnesses Relationship
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`e. Date Witnesses Relationship was established
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`d. Does Witnesses Have a pecuniary interest in your business
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`f. Supplier’s Grenade Trademark Date of Transaction
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`g. Service Provided to from Supplier’s o Your Business
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`h. Amount of Transaction with Supplier’s
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`i. Date of Delivery of Product or Service to your business from Supplier’s
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`j. True Copy of all Invoice Supplier’s invoices
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`Please note any failure to respond appropriately as required by law may diminish or
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`extinguish your rights and protection of the disputed Trademark and use of same.
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`Dated: April 06, 2020
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`Respectfully submitted,
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`By /Ibrahim Nasser/
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`Opposer
`Ibrahim M. Nasser
`Serious Scents P.O.Box 5626
`Chula Vista, CA 91912
`Phone: (619) 253-9624
`Email: balweh@hotmail.com
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`10
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the forgoing OPPOSER’S
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`INTERROGATORIES has been served on Givaudan SA Counsel by forwarding said
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`copy on, April 06, 2020 via email to:
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`Kathryn E. Smith and Paul J. Linden, Esq.
`Wood Herron & Evans LLP

`441 Vine Street, 2700 Carew Tower

`Cincinnati, OH 45202

`Phone: (513) 241-2324

`Email: ksmith@whe-law.com, plinden@whe-law.com,
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`Date: April 06, 2020
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`/Ibrahim Nasser/
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`____________________
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`Ibrahim M. Nasser
`P.O.Box 5626

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`Chula Vista, CA 91912
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`Phone: (619) 253-9624
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`Email: balweh@hotmail.com
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