`
`ESTTA Tracking number:
`
`ESTTA1249349
`
`Filing date:
`
`11/21/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91266242
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`School Zone Publishing Company
`
`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
`
`Stipulated/Consent Motion to Extend
`
`James Scott
`
`trademarks@wnj.com
`
`/JS/
`
`11/21/2022
`
`November 2022 Request for Extension and Status Report ANY-
`WHER.pdf(183712 bytes )
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposer
`
`Apple Inc.
`
`
`
`v.
`
`School Zone Publishing Company
`
`
`
`
`
`
`Applicant
`
`
`
`
`
`
`Opposition No.: 91266242
`
`
`Mark:
`
`Serial No.: 88530797
`
`
`
`CONSENT MOTION FOR AN EXTENSION OF ANSWER DEADLINE AND STATUS
`REPORT
`
`
`
`Applicant School Zone Publishing Company, with the consent of Opposer Apple Inc.
`
`hereby submits the following status report and motion for a 30-day extension of the Answer
`
`deadline. Each party consents to this request and requests this further extension in good faith.
`
`
`
`As ordered by the Board, the parties provide the following report of ongoing settlement
`
`discussions.
`
`1. The parties have reached an arrangement that would resolve the Opposition.
`
`2. In connection with that arrangement, Applicant moved, with Opposer’s consent, to
`
`amend the drawing of the mark that is the subject of the Opposition.
`
`3. The parties are discussing ways to address deficiencies identified by the Board in the
`
`motion to amend.
`
`4. The current motion for extension is not being made for purposes of delay but, instead,
`
`is made to finalize settlement and resolve the Opposition.
`
`27065736
`
`
`
`
`
`5. In consideration of the information provided herein, Applicant respectfully submits that
`
`there is good cause for an extension and respectfully requests that this matter be extended 30 days,
`
`with answer, conference, disclosure, discovery and trial dates reset as follows:
`
`
`
`Time to Answer
`
`Deadline for Discovery Conference
`
`Discovery Opens
`
`Initial Disclosures Due
`
`Expert Disclosures Due
`
`Discovery Closes
`
`Plaintiff's Pretrial Disclosures Due
`
`Plaintiff's 30-day Trial Period Ends
`
`Defendant's Pretrial Disclosures Due
`
`Current
`Schedule
`
`Proposed
`Schedule
`
`11/21/2022
`
`12/21/2022
`
`12/21/2022
`
`01/20/2023
`
`12/21/2022
`
`01/20/2023
`
`1/20/2023
`
`02/19/2023
`
`5/20/2023
`
`06/19/2023
`
`6/19/2023
`
`07/19/2023
`
`8/3/2023
`
`09/02/2023
`
`9/17/2023
`
`10/17/2023
`
`10/2/2023
`
`11/01/2023
`
`Defendant's 30-day Trial Period Ends
`
`11/16/2023
`
`12/16/2023
`
`Plaintiff's Rebuttal Disclosures Due
`
`12/1/2023
`
`12/31/2023
`
`Plaintiff's 15-day Rebuttal Period Ends
`
`12/31/2023
`
`01/30/2024
`
`Plaintiff's Opening Brief Due
`
`Defendant's Brief Due
`
`Plaintiff's Reply Brief Due
`
`2/29/2024
`
`03/30/2024
`
`3/30/2024
`
`04/29/2024
`
`4/14/2024
`
`05/14/2024
`
`Request for Oral Hearing (optional) Due
`
`4/24/2024
`
`05/24/2024
`
`
`
`
`
`
`
`27065736
`
`
`
`
`
`Opposer through its counsel consents to this Motion and revised schedule.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`/James Scott/
`James Scott
`Warner Norcross + Judd LLP
`150 Ottawa Ave. NW Suite 1500
`Grand Rapids, MI 49503
`
`Attorneys for Applicant.
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`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 November 21, 2022:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/James Scott/
`
`
`
`
`27065736
`
`

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