Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1052784
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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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`91246293
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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
`SERIOUS SCENTS
`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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`Notice of failure to complete or comply Discovery Peace Grenades .pdf(396655
`bytes )
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` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In re Application Serial No.: 88/029,184
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`IBRAHIM NASSER and
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`SERIOUS SCENTS,
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`V.
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`KEVIN BROTEN,
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`Opposition No.: 91246293
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`Opposers,
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`Mark: Peace Grenades
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`Published: January 08, 2019
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` Applicants.
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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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`KEVIN BROTEN:
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`Please be advised and noticed:
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`Discovery was tendered to you on March 27, 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. Your Answers are not and was not satisfactory or
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`completed. It is not my legal duty to educate you as how to proceed that responsibility
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`falls upon you as an In-Pro-Per Defendant in the matter.
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`If you do not satisfy the discovery request, or withdraw your application for the peace
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`Grenades 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
`FAILURE TO COMPLETE OR COMPLY DISCOVERY was served upon
`Respondents’ Kevin Broten Owner of record via first class mail, email on the 1st day of
`May 2020, I am not a party to this cause of action. I am over the age of 18 years and
`reside at 356 Roosevelt St #2 Chula Vista, CA 91910.
`Served via first class mail the following address:
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`Kevin Broten
`22542 430th Ave
`Roseau, Minnesota 56751
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`/Roby Lister/
`___________________
`Roby Lister
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` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In re Application Serial No.: 88/029,184
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`IBRAHIM NASSER and
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`SERIOUS SCENTS,
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`V.
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`KEVIN BROTEN,
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`Opposition No.: 91246293
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`Opposers,
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`Mark
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`: Peace Grenades
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`Published: January 08, 2019
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` Applicants.
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`OPPOSER’S INTERROGATORIES
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`Opposer, Ibrahim Nasser and Serious Scents, requests that Kevin Broten respond to the
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`following interrogatories. you are required to answer these interrogatories separately and
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`fully in writing, under oath.
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`INSTRUCTIONS
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`A.
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`Each Interrogatory is to be answered fully on the basis of information which is in
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`your possession.
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`B.
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`In each of your answers to these Interrogatories, you are requested to provide not
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`only such information as in your possession, but also information as is reasonably
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`available. In the event that you are able to provide only part of the information called for
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`by any particular Interrogatory, please provide all the information you are able to provide
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`and state the reason for your inability to provide the remainder.
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`C.
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`If you object to or otherwise decline to answer any portion of any Interrogatory,
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`please provide all information called for by that portion of the Interrogatory to which you
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`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.
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`1. Please Explain in Detail: The Legal Basis & Use of Grenade Trademark that is in
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`Dispute As Defined By Sub Parts Of (a-e:) as allowed by Federal Rule of Civil Procedure
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`33(a)(1). Please see footnote1
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`a. Explain in detail the original source of the Grenade Trademark you have laid
`claim to in the case at bar.
`b. Please define original though process that resulted caused and created Grenade
`Trademark
`c. Please define and supply any and all pertinent facts that supports your present
`and continuing legal right claim title to use and apply Grenade Trademark that is
`in dispute.
`d. Provide copy of any and all documentation that supports your legal right to use
`of Grenade Trademark.
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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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`e. Please define the dates of first use that resulted caused and created Grenade
`Trademark at issue
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`2. Please Explain in Detail of all persons who you may rely upon to support Grenade
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`Trademark you have laid claim to in the case at bar.:
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`a. Supply the name
`b. Addresses
`c. Phone Numbers
`d. Relationship
`e. Type of Transaction
`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 Grenade Trademark you have laid claim to in the case at bar:
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`a. Supply the name
`b. Addresses
`c. Phone Numbers
`d. Relationship
` e. Type of Transaction
` f. Date of Transaction
` g. Service Provided
` h. Amount of Transaction
` i. Date of Delivery of Product or Service
` j. True Copy of Invoice
` k. Mode of Payment
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`4. Please Explain of all payments received from the sales of Grenade Trademark Products
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`any of the following in Detail who you may rely upon to Support Grenade Trademark
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`you have laid claim to in the case at bar:
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`a. Supply the Name Buyer
`b. Buyer Addresses
`c. Buyers Phone Numbers
`d. Buyer Relationship Date Established
`e. Buyer Sales Transaction
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`d. Buyer Grenade Trademark Date of Transaction
`f. Service Provided to Buyer
`g. Amount of Transaction
`h. Date of Delivery of Product or Service to Buyer
`i. True Copy of Invoice to Buyer
`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 Grenade Trademark Products any of the following in Detail who you may
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`rely upon to Support Grenade Trademark you have laid claim to in the case at bar:
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`a. Supplier’s Name Buyer
`b. Supplier’s Addresses
`c. Supplier’s Phone Numbers
`d. Supplier’s Relationship Date Established
`e. Supplier’s Sales Transaction
`f. Supplier’s Grenade Trademark Date of Transaction
`g. Service Provided to from Supplier’s to Your Business
`h. Amount of Transaction with Supplier’s
`i. Date of Delivery of Product or Service to your business from Supplier’s
`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 Grenade Trademark Products any of the following in Detail who you may rely
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`upon to Support Grenade Trademark you have laid claim to in the case at bar:
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`a. Trade Mark Researchers Name
`b. Researchers Addresses
`c Researchers Phone Numbers
`d. Researchers Relationship Date Established
`e. Researchers Transaction
`d. Researchers Grenade Trademark Date of Transaction
`f. Researchers who Provided Your Business with trademark research
`g. Amount of paid to and for Legal Trademark Researchers
`h. Date of Delivery of Trademark Researchers Service to your business
`i. True Copy of all Invoice of Trademark Researchers Service to your business
`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 Grenade 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
`and supports that claimed right explain in detail:
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`b. If you elect to use 1st use claim please supply true copies of
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`1. Legal Authorities to support those claim of First Trademark use Grenade Trademark
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`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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`Grenade Trademark you have laid claim to in the case at bar:
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`a. Witnesses Name
`b. Witnesses Addresses
` c. Witnesses Phone Numbers
`d. Witnesses Relationship
`e. Date Witnesses Relationship was established
`d. Does Witnesses Have a pecuniary interest in your business
`f. Supplier’s Grenade Trademark Date of Transaction
`g. Service Provided to from Supplier’s o Your Business
`h. Amount of Transaction with Supplier’s
`i. Date of Delivery of Product or Service to your business from Supplier’s
`j. True Copy of all Invoice Supplier’s invoices
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`Dated: March 27, 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/
`_____________________
`Ibrahim M. Nasser
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`CERTIFICATE OF SERVICE
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`I certify that a true and complete copy of the forgoing OPPOSER’S
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`INTERROGATORIES has been served on Kevin A. Broten by forwarding said copy on
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`March 27, 2020, via email to:
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`Kevin Broten
`22542 430th Ave
`Roseau, Minnesota 56751
`peacegrenades@gmail.com
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`Dated: March 27, 2020
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`Respectfully submitted,
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`Ibrahim M. Nasser
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`/Ibrahim Nasser/
`_____________________
`Ibrahim M. Nasser
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