`
`ESTTA Tracking number:
`
`ESTTA1081506
`
`Filing date:
`
`09/13/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91248963
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`American Party Inc.
`
`ROGER COWLES
`THE AMERICAN PARTY
`P.O. BOX 457
`ELIZABETH, NJ 07207
`UNITED STATES
`Primary Email: organizers@americanparty.mobi
`Secondary Email(s): organizers@americanparty.mobi
`908-355-0392
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Other Motions/Papers
`
`Roger E Cowles
`
`organizers@americanparty.mobi
`
`/Roger E Cowles/
`
`09/13/2020
`
`Attachments
`
`RequestForBoardDecision.pdf(143947 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`The Trademark Trial and Appeal Board
`
`In the Matter of Application Serial No. 87809067
`
`For the mark: United Americans Party
`
`Published: May 21, 2019
`
`American Party, Inc.
`
`Opposer,
`
`vs.
`
` Opposition No. 91248963
`
`Paul M. Stuart
`
`Applicant
`
`
`
`REQUEST FOR BOARD DECISION ON ATTORNEY’S
`MOTION TO WITHDRAW
`
`On September 6, 2020 Jeffrey M. Furr filed a motion called
`
`“MOTION TO WITHDRAW AS COUNSEL FOR APPLICANT.” He
`
`stated that “Applicant has not instructed Attorney how to proceed
`
`and is not following Attorney advice and counsel on a very
`
`important matter. Since Applicant has done this and based on
`
`this issue, Attorney is obligated to withdraw as Counsel.”
`
`To date the Board has not rendered a decision as to whether
`
`or not it will allow Mr. Furr to withdraw from this case.
`
`Yet, on September 12, 2020, Plaintiff received via email a
`
`document from Mr. Furr that purports to be Defendant’s Initial
`
`Disclosures. This email message and document contain no
`
`information or statement concerning the status of Mr. Furr’s
`
`representation of his former client. Jeffrey Furr has not filed a
`
`motion or any other paper with the Board since his motion to
`
`withdraw on September 6, 2020.
`
`Accordingly, it is requested that the Board promptly render
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`a decision as to Mr. Furr’s motion to withdraw as counsel so that
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`the issue of representation before the Board is clarified.
`
`
`
`At this time we want to advise all parties of our belief that
`
`the Defendant caused this fraudulent Application to be made on
`
`February 23, 2018. It is fraudulent because, among other things,
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`it contains a verified statement by Defendant that is provably
`
`false. Specifically, Defendant verified that his Application met
`
`the requirements of 15 U.S.C. §1051(3) when clearly it did not.
`
`This issue was briefly noted and discussed in the Discovery
`
`Conference by the Board attorney as external to the three
`
`Grounds for Opposition that have been entered for this case.
`
`Further, as discussed in Plaintiff’s Notice of Opposition,
`
`Defendant made a number of purposefully deceptive and
`
`provably false statements in his December 13, 2018 Response to
`
`Office Action.
`
`Accordingly, we currently believe that both Defendant and
`
`counsel may have liability pursuant to 15 U.S. Code §1120. Civil
`
`liability for false or fraudulent registration, to wit: “Any person
`
`who shall procure registration in the Patent and Trademark Office
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`of a mark by a false or fraudulent declaration or representation,
`
`oral or in writing, or by any false means, shall be liable in a civil
`
`
`
`action by any person injured thereby for any damages sustained
`
`in consequence thereof.” There may be additional violations of
`
`law, regulations or codes of conduct.
`
`This matter of fraud is, as the Board attorney has noted,
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`separate from both the Grounds of Opposition in this case and
`
`separate from the issue of the Examiner’s handling of the
`
`Application.
`
`Roger E. Cowles
`
`American Party, Inc.
`
`Founder, Lead Director, Chairperson, President, Treasurer &
`
`Secretary
`
`P.O. Box 457
`
`Elizabeth, N.J. 07207-0457
`
`Email: organizers@americanparty.mobi
`
`
`
`Dated: September 13, 2020
`
`By:
`
`Roger E. Cowles
`Chairperson, President, Lead Director, Treasurer
`American Party, Inc.
`P.O. Box 457
`Elizabeth, N.J. 07207
`908-355-0392
`organizers@americanparty.mobi
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 13, 2020, I caused a true and
`correct copy of American Party, Inc.'s REQUEST FOR BOARD
`DECISION ON ATTORNEY’S MOTION TO WITHDRAW
`to Paul M. Stuart to be served by email address
`JeffMFurr@FurrLawFirm.com on Attorney Jeffrey M. Furr, 2622
`Debolt Road, Utica, Ohio 43080.
`
`
`
`By:
`
`Roger E. Cowles
`
`
`Note: Proof of Service
`
`
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