Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1099771
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`Filing date:
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`12/04/2020
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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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`91255560
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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
`MSC, WS LLC
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`DARREN B COHEN
`REED SMITH LLP
`599 LEXINGTON AVENUE
`NEW YORK, NY 10022
`UNITED STATES
`Primary Email: dcohen@reedsmith.com
`Secondary Email(s): nycipdocketing@reedsmith.com
`212-549-0346
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`Other Motions/Submissions
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`Darren B. Cohen
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`dcohen@reedsmith.com, nycipdocketing@reedsmith.com, JWood@manatt.com
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`/Darren B. Cohen/
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`12/04/2020
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`2020-11-30 Eurostar v. MSC - Motion to Amend Dismiss (signed).pdf(828729
`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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`In the Matter of Application Serial Nos. 88574126 and 88574143
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`Published in the Official Gazette on December 31, 2019
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`Marks: WS and Design and WS NEW YORK and Design
`________________________________________________________X
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`Opposition Nos. 91255560 and 91255565
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`EUROSTAR, lNC.,
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`Opposer,
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`-against—
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`MSC, WS LLC,
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`Applicant
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`:
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`-
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`:
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`________________________________________________________ x
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`Box TTAB - NO FEE
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`Commissioner for Trademarks
`P.O. Box 1451
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`Alexandria, VA 223 I 3-1451
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`STIPULATED MOTION TO AND-END IDENTIFICATION OF GOODS
`UNDER 37 C.F.R. § 2.133161) AND DISMISS PROCEEDINGS
`CONTINGENT UPON ACCEPTANCE OF AMENDMENT
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`MSC, WS LLC (“Applicant”) and Eurostar, Inc. (“Opposer”), pursuant to the TBMP including
`without limitation Rule 514 et seq, move as follows:
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`The parties hereby report that they have reached an agreement and are prepared to
`1.
`dismiss this proceeding in accordance with the agreement of the parties pending the acceptance
`by the Trademark Trial and Appeal Board of the proposed amendment to the identification of
`goods, as indicated below (additions are in bold and underlined):
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`Application Serial No. 88574126:
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`Class 25: Clothing, namely, t-shirts, shirts, golf shirts, polo shirts, jackets, hats, baseball caps,
`golf caps, sweatshirts, sweaters, coats, vests, gloves, scarves, and ties as clothing, all of the
`foregoing to be used as promotional items for, and distributed through venues dedicated to,
`restaurants, wine, or a food and wine magazine; chefs' shirts and related apparel for use in
`cooking and the culinary arts in the nature of pants, hats, headwear, shirts, jackets, aprons,
`gloves, and chef uniforms
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`
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`Application No. 88574143:
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`Class 25: Clothing, namely, t—shirts, shirts, golf shirts, polo shirts, jackets, hats, baseball caps,
`golf caps, sweatshirts, sweaters, coats, vests, gloves, scarves, and ties, all of the foregoing to be
`used as mutational items for and distributed throu
`venues dedicated to restaurants
`wine, or a food and wine maggine; chefs' shirts and related apparel for use in cooking and the
`culinary arts in the nature of pants, hats, headwear, shirts, jackets, aprons, gloves, and chef
`uniforms
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`Accordingly, by agreement of the parties, it is respectfully requested that the Amendment
`2.
`be accepted and approved as within the scope of the current identification of goods without need
`of further publication.
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`Additionally, and contingent on such approval, the parties request that this proceeding be
`3.
`dismissed in accordance with the agreement of the parties.
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`Respectfully submitted,
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`Date: November 18 2020
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`Date: November 30, 2020
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`MSC, WS LLC
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`By its Attorney,
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`5% g 5 4222
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`'
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`Darren B. Cohen
`Reed Smith LLP
`599 Lexington Ave, 28th Floor
`New York, NY 10022-7634
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`EUROSTAR, INC.
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`By its Attorneys,
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`Jes ica Wood, Esq.
`Manatt, Phelps & Phillips, LLP
`2049 Century Park East
`Suite 1700
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`Los Angeles, CA 90067
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`Certificate of Service
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`I hereby certify that a copy of the foregoing Applicant‘s Stipulated Motion To Amend
`Identification of Goods Under 37 C.F.R. § 2.133(A) and Dismiss Proceedings Contingent Upon
`Acceptance Of Amendment was sent via email to counsel for Opposer, Jessica Wood, Esq.,
`Marmat Phelps & Phillips, LLP, at JWood@manatt.com, on this 19th day of November, 2020.
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`3,, flit/9%
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`
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`Darren B. Cohen
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`Attorney for Applicant
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