Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1093100
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`Filing date:
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`11/04/2020
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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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`91264787
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`Party
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`Correspondence
`Address
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`Defendant
`Casper Sleep Inc.
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`CATHERINE MC FARRELLY
`FRANKFURT KURNIT KLEIN & SELZ PC
`28 LIBERTY STREET
`NEW YORK, NY 10005
`UNITED STATES
`Primary Email: pto@fkks.com
`Secondary Email(s): mmcguire@fkks.com
`212-908-0120
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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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`Answer
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`Jean Voutsinas
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`pto@fkks.com, jvoutsinas@fkks.com
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`/Jean Voutsinas/
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`11/04/2020
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`Attachments
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`CASPER HAVEN Answer.pdf(8854 bytes )
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`
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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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`Opposer,
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`v.
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`
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`Opposition No. 91264787
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`In the Matter of Ser. No. 88859166
`For the Mark: CASPER HAVEN
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`CVB Inc.,
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`Casper Sleep Inc.,
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`Applicant.
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`APPLICANT’S ANSWER TO OPPOSITION OF SERIAL NO. 88859166
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`Casper Sleep Inc. (“Applicant”), by its attorneys, hereby answers the allegations
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`set forth in the Notice of Opposition to Serial No. 88859166 (“Notice of Opposition”) as
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`follows:
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`1.
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`Applicant is without knowledge sufficient to form a belief as to the truth
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`of the allegations set forth in Paragraph 1 of the Notice of Opposition and, therefore, they
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`are denied.
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`2.
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`Applicant refers the Board to the relevant registrations for an accurate
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`recitation of their contents and Applicant asserts that it is without knowledge sufficient to
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`form a belief as to the truth of the remaining allegations set forth in Paragraph 2 of the
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`Notice of Opposition and, therefore, they are denied.
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`3.
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`As to the allegations contained in Paragraph 3 of the Notice of Opposition,
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`Applicant admits that Applicant filed an application to register CASPER HAVEN (the
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`“Casper Haven Application”) for “Bed frames and bed headboards” and refers the Board
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`to the relevant application for an accurate recitation of its contents.
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`4.
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`As to the allegations contained in Paragraph 4 of the Notice of Opposition,
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`Applicant admits that the Casper Haven Application was filed on April 3, 2020 with the
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`US Trademark Office on an intent to use basis and refers the Board to the relevant
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`application for an accurate recitation of its contents.
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`5.
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`Applicant denies the allegations contained in Paragraph 5 of the Notice of
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`Opposition.
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`6.
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`Applicant denies the allegations contained in Paragraph 6 of the Notice of
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`Opposition.
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`7.
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`Applicant denies the allegations contained in Paragraph 7 of the Notice of
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`Opposition.
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`8.
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`As to the allegations contained in Paragraph 8 of the Notice of Opposition,
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`Applicant admits that the Casper Haven Application is for “bed frames and bed
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`headboards” and otherwise denies the remaining allegations contained in Paragraph 8 of
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`the Notice of Opposition.
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`9.
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`As to the allegations contained in paragraph 9 of the Notice of Opposition,
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`Applicant admits that it is a retailer of beds and bedding, denies knowledge or
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`information sufficient to form a belief as to the truth of the allegations concerning
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`Opposer’s business and otherwise denies the allegations contained in Paragraph 9 of the
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`Notice of Opposition.
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`10.
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`Applicant denies the allegations contained in Paragraph 10 of the Notice
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`of Opposition.
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`Page 2 of 4
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`11.
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`Opposer has failed to state a claim upon which relief may be granted.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`12.
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`Opposer’s claims are barred by the doctrines of laches, waiver, estoppel,
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`and unclean hands.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`13.
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`There is no likelihood of confusion between Applicant’s mark and
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`Opposer’s marks because the respective marks are distinct.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`14.
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`Opposer has failed to state a claim upon which relief may be granted
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`because many similar marks are used and/or registered for similar goods by third-party
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`entities throughout the United States.
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`WHEREFORE, Applicant requests that the Notice of Opposition be dismissed
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`with prejudice, that that Applicant be awarded its costs and attorneys’ fees, and that the
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`subject application be permitted to proceed to registration.
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`Dated: November 4, 2020
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`
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`Respectfully Submitted,
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`FRANKFURT KURNIT KLEIN & SELZ P.C.
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`By: __/Jean Voutsinas/___
` Jean Voutsinas
` 28 Liberty Street
` New York, NY 10005
` Tel: 212.980.0120
` E: pto@fkks.com; jvoutsinas@fkks.com
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`Attorneys for Applicant,
`Casper Sleep Inc.
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`Page 3 of 4
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`CERTIFICATE OF SERVICE
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`I, Matthew Bart, certify that a copy of the foregoing Answer was served on:
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`Hillary E Maynard
`Ulmer & Berne LLP
`500 West Madison Street, Suite 3600
`Chicago, Il 60661-4587
`hmaynard@ulmer.com. mrink@ulmer.com, cjmiller@ulmer.com
`Attorneys for Opposer
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`Via email this 4th day of November 2020.
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`/Matthew Bart/
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`Page 4 of 4
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