Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1101194
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`Filing date:
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`12/11/2020
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`Proceeding
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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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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`91265624
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`Plaintiff
`Zuffa, LLC
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`JOHN KRIEGER
`DICKINSON WRIGHT PLLC
`3883 HOWARD HUGHES PKWY.
`SUITE 800
`LAS VEGAS, NV 89169
`UNITED STATES
`Primary Email: trademarkslv@dickinson-wright.com
`Secondary Email(s): jkrieger@dickinson-wright.com,
`slnorton@dickinson-wright.com
`702-550-4400
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`Motion for Default Judgment
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`John L. Krieger
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`TRADEMARKSLV@DICKINSONWRIGHT.COM, jkrieger@dickinsonwright.com,
`slnorton@dickinsonwright.com
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`Signature
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`Date
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`/John L. Krieger/
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`12/11/2020
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`Attachments
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`Request for Default - TFC 4836-2331-8996 v.1.pdf(102746 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`limited
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`liability
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`v.
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`Opposer,
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`Applicant.
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`Mark:
`Ser. No: 88/821,600
`Published: June 30, 2020
`Class: 41
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`ZUFFA, LLC, a Nevada
`company,
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`CHRISTOPHER OGHAYORE,
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`REQUEST FOR ENTRY OF DEFAULT AND DEFAULT JUDGMENT
`FOR FAILURE TO ANSWER
`Zuffa, LLC (“Opposer”), by and through its attorney of record, Dickinson Wright PLLC,
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`hereby requests that default and default judgment be entered against Christopher Oghayore
`(“Applicant”) pursuant to Federal Rules of Civil Procedure 55(a) and 55(b)(2) based on
`Applicant’s failure to answer or otherwise defend the Notice of Opposition (“Opposition”) filed
`by Opposer. This request is supported by the Declaration of Shauna L. Norton, Esq. filed
`concurrently herewith.
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`Federal Rule of Civil Procedure 55(a) provides that default may be entered against a
`party that has “failed to plead or otherwise defend, and that failure is shown by affidavit or
`otherwise.” Here, the Trademark Trial and Appeal Board (“Board”) issued its Notice of
`Institution of the Opposition on October 26, 2020. Pursuant to Trademark Rules 2.105(b) and
`(c), the Notice was forwarded by the Board to the correspondent address on file with the USPTO
`for the Applicant and constitutes service of the Opposition on Applicant. The Board’s Notice of
`Institution set the time for Applicant to file an Answer to the Opposition on or before December
`5, 2020. Applicant, however, failed to file an Answer or otherwise defend this proceeding by the
`deadline set by the Board and no extensions were provided. Thus, the time for the filing of a
`responsive pleading has now expired. Accordingly, Opposer respectfully request that the Board
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`enter default and default judgment in favor of Opposer and deny Applicant’s request for
`registration of his mark.
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`Dated: December 11, 2020.
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`Respectfully submitted,
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`DICKINSON WRIGHT PLLC
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`__/John L. Krieger/____________
`John Krieger, Esq.
`jkrieger@dickinsonwright.com
`Shauna L. Norton, Esq.
`slnorton@dickinsonwright.com
`trademarkslv@dickinsonwright.com
`3883 Howard Hughes Parkway, Suite 800
`Las Vegas, Nevada 89169
`(702) 550-4400 (phone)
`(844) 670-6009 (fax)
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`limited
`
`liability
`
`
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`ZUFFA, LLC, a Nevada
`company,
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`
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`CHRISTOPHER OGHAYORE,
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`v.
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`Opposer,
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`Applicant.
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`Mark:
`Ser. No: 88/821,600
`Published: June 30, 2020
`Class: 41
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`
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`DECLARATION OF SHAUNA L. NORTON, ESQ. IN SUPPORT OF
`REQUEST FOR ENTRY OF DEFAULT
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`I, Shauna L. Norton, Esq., declare under penalty of perjury under the laws of the United
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`States as follows:
`I am Of Counsel with the law firm of Dickinson Wright PLLC, counsel for
`1.
`Opposer Zuffa, LLC (“Opposer”) in this matter, and I have personal knowledge of the facts set
`forth in this Declaration.
`This Declaration is made pursuant to Federal Rule of Civil Procedure 55(a) for
`2.
`the purpose of enabling Opposer to obtain entry of default against Christopher Oghayore
`(“Applicant”) based on Applicant’s failure to answer or otherwise defend the Notice of
`Opposition (“Opposition”).
`Opposer filed its Opposition on October 26, 2020.
`3.
`4.
`The Trademark Trial and Appeal Board (“Board”) issued its Notice of Institution
`of the Opposition on October 26, 2020.
`Pursuant to Trademark Rules 2.105(b) and (c), the Notice was forwarded by the
`5.
`Board to the correspondent address on file with the USPTO for the Applicant and constitutes
`service of the Opposition on the Applicant.
`The Board’s Notice of Institution set the time for Applicant to file an Answer to
`6.
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`the Opposition on or before December 5, 2020.
`Applicant has failed to file an Answer or otherwise defend the Opposition by
`7.
`December 5, 2020.
`Applicant has not requested any extension of time to respond, nor has Opposer
`8.
`granted any such request for the same. Applicant has not contacted Opposer at all.
`Dated this 11th day of December, 2020
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`___/Shauna L. Norton/______________
`SHAUNA L. NORTON, ESQ.
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`CERTIFICATE OF SERVICE
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`I hereby certify that I served the foregoing REQUEST FOR ENTRY OF DEFAULT
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`AND DEFAULT JUDGMENT FOR FAILURE TO ANSWER; DECLARATION OF
`SHAUNA L. NORTON IN SUPPORT OF REQUEST FOR ENTRY OF DEFAULT upon
`the following:
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`
`JEREMY PETER GREEN
`JPG LEGAL
`68 JAY STREET, SUITE 612
`BROOKLYN, NY 11201
`UNITED STATES
`docket@jpglegal.com
`by causing a full, true and correct copy thereof to be sent by electronic mail.
`Dated: December 11, 2020
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`___/Julie Gerhardt/___________________
`An employee of Dickinson Wright PLLC
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