Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1194895
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`Filing date:
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`03/07/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91266242
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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
`School Zone Publishing Company
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`JAMES L SCOTT
`WARNER NORCROSS + JUDD LLP
`150 OTTAWA AVE NW
`1500 WARNER BUILDING
`GRAND RAPIDS, MI 49503
`UNITED STATES
`Primary email: trademarks@wnj.com
`616-752-2469
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`Motion to Suspend for Settlement Discussions
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`James Scott
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`jscott@wnj.com, jdawes@wnj.com
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`/JS/
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`03/07/2022
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`March. 2022 Request for Extension and Status Report - ANYWHERE (25424
`656.1).pdf(175035 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
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`Opposer
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`Apple Inc.
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`v.
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`School Zone Publishing Company
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`Applicant
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`Opposition No.: 91266242
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`Mark:
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`Serial No.: 88530797
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`CONSENT MOTION FOR AN EXTENSION OF ANSWER DEADLINE AND STATUS
`REPORT
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`Applicant School Zone Publishing Company, with the consent of Opposer Apple Inc.
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`hereby submits the following status report and motion for an extension of the Answer deadline.
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`Since the filing of Applicant’s most recent motion for an extension of time, the parties have
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`undertaken the following activities toward potential settlement of this matter:
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`1. On December 2, 2021, Applicant provided a revised draft Undertaking to Opposer’s
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`attorneys for Opposer’s consideration. Opposer reviewed the revised Undertaking
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`2. Travel schedules and business closures during the holiday season delayed further
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`discussions between the parties.
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`3. On January 25, 202, attorneys for each party discussed the draft Undertaking and
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`identified some open issues that need to be addressed and resolved. Each party is in the process
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`of considering those open issues, and Applicant is in the process of preparing a revised
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`Undertaking for Opposer’s review.
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`25424656.1
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`4. Applicant’s attorneys revised the Undertaking in February, and Applicant is in the
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`process of reviewing the revised terms. Applicant expects to have the revised Undertaking for
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`Opposer’s review in the next week.
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`5. Progress towards settlement continues, and Opposer and Applicant continue to believe
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`that settlement remains feasible and can be finalized in the near future. Likewise, suspending
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`proceedings further remains in the interest of the Board and the parties.
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`6. The current motion for extension is not being made for purposes of delay but, instead,
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`is made to allow those discussions to occur and, if necessary, for further negotiations toward a
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`resolution. Both sides remain engaged in working towards settlement in this matter, so it is in the
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`interest of the Board and the parties to extend dates to focus on settlement.
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`7. In consideration of the information provided herein, Applicant respectfully submits that
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`there is good cause for an extension and respectfully requests that this matter be extended 30 days,
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`with answer, conference, disclosure, discovery and trial dates reset as follows:
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`Event
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`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
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`Initial Disclosures Due
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`Expert Disclosures Due
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`Discovery Closes
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`Plaintiff’s Pretrial Disclosures Due
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`Plaintiff’s 30-day Trial Period Ends
`Defendant’s Pretrial Disclosures Due
`Defendant’s 30-day Trial Period Ends
`Plaintiff’s Rebuttable Disclosures Due
`Plaintiff’s 15-day Rebuttal Period Ends
`Plaintiff’s Opening Brief Due
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`Defendant’s Brief Due
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`Plaintiff's Reply Brief Due
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`Request for Oral Hearing (optional) Due
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`Date
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`04/06/2022
`05/07/2022
`05/07/2022
`06/06/2022
`10/04/2022
`11/03/2022
`12/18/2022
`02/01/2023
`02/16/2023
`04/02/2023
`04/17/2023
`05/17/2023
`07/16/2023
`08/15/2023
`08/30/2023
`09/09/2023
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`Opposer through its counsel consents to this Motion and revised schedule.
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`23512500.1
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`By:
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`/James Scott/
`James Scott
`Warner Norcross + Judd LLP
`150 Ottawa Ave. NW Suite 1500
`Grand Rapids, MI 49503
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`Attorneys for Applicant.
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`Respectfully submitted,
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`23512500.1
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing has been duly served on the
`Opposer by email to jpetersen@kilpatricktownsend.com, BBRYNER@kilpatricktownsend.com,
`ndrake@kilpatricktownsend.com, Agarcia@kilpatricktownsend.com, and
`tmadmin@kilpatricktownsend.com on March 7, 2022:
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`/James Scott/
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`23512500.1
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