Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1266086
`
`Filing date:
`
`02/14/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91269195
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Phillip Hicks
`
`REXFORD BRABSON
`T-REX LAW, P.C.
`7040 AVENIDA ENCINAS #104-333
`CARLSBAD, CA 92011
`UNITED STATES
`Primary email: rex@t-rexlaw.com
`858-220-1166
`
`Motion to Suspend for Settlement Discussions
`
`Rexford Brabson
`
`rex@t-rexlaw.com
`
`/Rexford Brabson/
`
`02/14/2023
`
`2023.02.14-Motion to Suspend and Status Update - Opposition.pdf(271451
`bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Trademark Application No. 88979162
`Applicant:
`Phillip Hicks
`
`Mark:
`POOL LIFE
`
`
`Salt Life, LLC
`
`Opposer,
`
`vs.
`
`Phillip Hicks
`
`
`
`Applicant.
`
`)
`)
`)
`)
`) Opposition No. 91269195
`)
`)
`)
`)
` )
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`APPLICANT’S MOTION TO SUSPEND AND STATUS UPDATE
`
`
`Pursuant to ongoing discussions, Opposer Salt Life, LLC (“Opposer”), and Applicant
`Phillip Hicks (“Applicant”) (together the “Parties”) hereby request a sixty (60) day Suspension
`of the proceeding due to ongoing settlement negotiations. In the Board’s December 14, 2022
`
`Order (24 TTABVUE), the Board requested a detailed report, which follows:
`
`1) Applicant and Opposer have a draft Settlement Agreement being shared and reviewed
`
`by the Parties. Applicant just sent Opposer an acceptance of an additional term in the
`
`Agreement and additional request to be reviewed by Opposer on January 21, 2023.
`
`2) The acceptance and request were sent to counsel for Opposer via email.
`
`3) The nature of the communication is to facilitate settlement via email and phone.
`
`4) The Parties have resolved numerous issues regarding the scope of Applicant’s goods,
`
`
`
`
`
`and have narrowed down at least one (1) issue since the last Suspension was filed.
`
`5) Remaining issues include the extent to which Applicant is allowed to use certain fonts
`
`on or in connection with Applicant’s Goods.
`
`6) The Parties expect the issue to be resolved before another Suspension of the proceeding
`
`is required.
`
`
`
`In light of the foregoing, Applicant respectfully requests the Board grant this Motion, and
`
`Suspend the proceeding for a period of sixty (60) days to facilitate settlement.
`
`
`
`Dated: February 14, 2023
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Rexford Brabson, Esq.
`
`Rexford Brabson
`T-Rex Law, P.C.
`Attorneys for Applicant
`7040 Avenida Encinas #104-333
`Carlsbad, CA 92011
`
`Respectfully submitted,
`
`
`
`/s/ Jason Pittman, Esq.
`
`JASON A PITTMAN
`DORITY & MANNING PA
`75 BEATTIE PLACE, SUITE 1100
`GREENVILLE, SC 29601
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
` I
`
` hereby certify that a true copy of the foregoing APPLICANT’S MOTION TO SUSPEND AND
`STATUS UPDATE is being electronically mailed to the following address:
`
`
`JASON A PITTMAN
`DORITY & MANNING, P.A.
`75 BEATTIE PLACE, SUITE 1100
`GREENVILLE, SC 29601
`UNITED STATES
`jpittman@dority-manning.com, litdocketing@dority-manning.com
`
`
`/s/ Rexford Brabson
`Rexford Brabson
`
`
`February 14, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
