Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA994179
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`Filing date:
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`08/12/2019
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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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`91249247
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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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`Defendant
`HUG & SLEEP, LLC
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`JAE SHIM
`DEMING PARKER LAW FIRM
`4851 JIMMY CARTER BLVD
`NORCROSS, GA 30093
`SHIMJ@DEMINGLAW.COM
`no phone number provided
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`Answer
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`JAE SHIM
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`SHIMJ@DEMINGLAW.COM
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`/jae shim/
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`08/12/2019
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`ANSWER_OPPOSITION NO 91249247_SERIAL NO 88069857.pdf(91743
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE
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`THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial No. 88069857: hug & sleep motherly sleep USA
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`Published in the Official Gazette at TM 2535 on March 5, 2019
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`Motherly, Inc.,
`Opposer
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`HUG & SLEEP, LLC,
`Applicant
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`Opposition No. 91249247
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`Serial No. 88069857
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`Mark: hug & sleep motherly sleep USA
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`ANSWER AND AFFIRMATIVE DEFENSES OF HUG & SLEEP, LLC
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`Applicant HUG & SLEEP, LLC ("H&S"), by and through its attorney, hereby
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`answers the notice of opposition (the "opposition") filed by Motherly, Inc. ("opposer") as
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`follows. To the extent not explicitly admitted, all allegations in the opposition are denied.
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`ANSWER
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`1. Except for the materials and information referenced in Paragraph 1 that are self-
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`evident, H&G denies any and all remaining allegations and/or legal conclusions
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`contained in Paragraph 1.
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`2. H&G lacks knowledge or information sufficient to form a belief as to the truth
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`of the matters alleged in Paragraph 2 and on that basis denies them.
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`3. H&G lacks knowledge or information sufficient to form a belief as to the truth
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`of the matters alleged in Paragraph 3 and on that basis denies them.
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`4. H&G lacks knowledge or information sufficient to form a belief as to the truth
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`of the matters alleged in Paragraph 4 and on that basis denies them.
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`5. H&G lacks knowledge or information sufficient to form a belief as to the truth
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`of the matters alleged in Paragraph 5 and on that basis denies them.
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`6. H&G lacks knowledge or information sufficient to form a belief as to the truth
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`of the matters alleged in Paragraph 6 and on that basis denies them.
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`7. Except for the materials and information referenced in Paragraph 7 that are self-
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`evident, H&G denies any and all remaining allegations and/or legal conclusions
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`contained in Paragraph 7.
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`8. H&S denies the allegations and/or legal conclusions contained in Paragraph 8.
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`9. H&S denies the allegations and/or legal conclusions contained in Paragraph 9.
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`10. H&S denies the allegations and/or legal conclusions contained in Paragraph 10.
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`11. H&S denies the allegations and/or legal conclusions contained in Paragraph 11.
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`12. H&S denies the allegations and/or legal conclusions contained in Paragraph 12.
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`13. H&S denies the allegations and/or legal conclusions contained in Paragraph 13.
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`AFFIRMATIVE DEFENSES
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`H&S undertakes the burden of proof only as to those defenses deemed affirmative
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`defenses by law, irrespective of how such defenses are labeled below. H&S expressly
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`reserves the right to plead additional affirmative and other defenses should said defenses
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`be unveiled by discovery. For its affirmative and other defenses, H&S states as follows:
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`First Affirmative Defense
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`There is no likelihood of confusion, mistake, or deception between opposer's mark
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`and H&S's mark, hug & sleep motherly sleep USA.
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`Second Affirmative Defense
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`Any and all acts alleged to have been committed by H&S were performed with
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`lack of knowledge and lack of willful intent.
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`WHEREFORE, H&S requests that the notice of opposition be dismissed with
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`prejudice, together with whatever other relief the Board may deem appropriate.
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`Dated: August 12, 2019
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`Deming Parker Hoffman Campbell & Daly, LLC
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`By: /Jae I. Shim/ .
`Jae I. Shim (GA Bar No. 140946)
`shimj@deminglaw.com
`2200 Century Pkwy NE, Suite 800
`Atlanta, Georgia 30345
`Telephone: (770) 564-2600
`Facsimile: (678) 924-4747
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`Attorney for Applicant
`HUG & SLEEP, LLC
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`CERTIFICATE OF SERVICE
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`I, Jae Shim, hereby certify that on August 12, 2019, I served a true and correct
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`copy of the foregoing ANSWER AND AFFIRMATIVE DEFENSES OF HUG &
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`SLEEP, LLC by electronic mail upon:
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`Michael J. Bevilacqua, Esq.
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, Massachusetts 02109
`Telephone: (617) 526-6448
`Email: michael.bevilacqua@wilmerhale.com
`whiptrademark@wilmerhale.com
`barbara.barakat@wilmerhale.com
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`Attorneys for Opposer
`Motherly, Inc.
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`/Jae I. Shim/ .
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`Jae I. Shim
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