Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1188267
`
`Filing date:
`
`02/01/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91273294
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Plaintiff
`Apple Inc.
`
`JOSEPH PETERSEN
`KILPATRICK TOWNSEND & STOCKTON LLP
`1080 MARSH ROAD
`MENLO PARK, CA 94025
`UNITED STATES
`Primary email: jpetersen@kilpatricktownsend.com
`Secondary email(s): bbryner@kilpatricktownsend.com,
`jpetersen@kilpatricktownsend.com, cgenteman@kilpatricktownsend.com, agar-
`cia@kilpatricktownsend.com, tmadmin@kilpatricktownsend.com
`650-326-2400
`
`Other Motions/Submissions
`
`Joseph Petersen
`
`jpetersen@kilpatricktownsend.com, bbryner@kilpatricktownsend.com, cgente-
`man@kilpatricktownsend.com, agarcia@kilpatricktownsend.com, tmad-
`min@kilpatricktownsend.com
`
`Signature
`
`Date
`
`/Joseph Petersen/
`
`02/01/2022
`
`Attachments
`
`Statement of Non-Oppositionf.pdf(145166 bytes )
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No. 90/335,369
`For the Mark: APPLE-MAN
`Filed: November 22, 2020
`Published: June 8, 2021
`
`APPLE INC.,
`
` v.
`
`VASYL MOSKALENKO,
`
`Opposer,
`
`Applicant.
`
`Opposition No. 91273294
`
`STATEMENT OF NON-OPPOSITION TO MOTION TO EXTEND
`
`Opposer Apple Inc. (“Apple”) files this Statement of Non-Opposition to Applicant’s
`
`Motion to Extend Time (4 TTABVUE 2).
`
`Long prior to commencing this opposition, Apple reached out to Applicant to express
`
`Apple’s concerns about Applicant’s attempt to register his APPLE-MAN mark broadly in Class 9
`
`in connection with gaming software and downloadable software among other computer related
`
`goods. Applicant did not address Apple’s concerns and Apple thereafter opposed Applicant’s
`
`November 22, 2020 application for APPLE-MAN. Apple did so because the mark incorporates
`
`Apple’s famous APPLE mark in its entirety and seeks registration for numerous goods in Class 9
`
`long associated with Apple and its family of Apple trademarks including, among other goods,
`
`“downloadable computer game software for use on mobile and cellular phones” and
`
`“downloadable video and computer game programs.”
`
`Apple attempted to resolve its dispute with Applicant amicably. However, Applicant’s last
`
`1
`
`

`

`substantive settlement discussion with Apple occurred on November 23, 2021 during which
`
`Applicant’s counsel promised to speak with his client concerning amicable resolution. Apple heard
`
`nothing further of substance from Applicant on settlement until Applicant filed his January 12,
`
`2022 motion to extend time in which Applicant notes “Applicant wishes to attempt to settle this
`
`matter and requires time to attempt to do that.”
`
`More recently, Applicant has released a video in which he claims that he “just want[s] to
`
`make a comedy movie about a superhero whose super power is related with everyone's favorite
`
`fruit.” See https://www.youtube.com/watch?v=cDuBYeVomvY. In this video, Applicant also
`
`claims that he is “not going to produce … software [or] anything that might be deemed to conflict
`
`with [Apple’s] brand.”
`
`Apple has never objected to Applicant’s use of the name APPLE-MAN for his film title
`
`and based on Applicant’s statements in the video, it appears that Applicant does not intend to
`
`pursue his application to register his APPLE-MAN mark in connection with software and related
`
`downloadable entertainment content in Class 9. Accordingly, Apple remains fully amenable to
`
`working with Applicant to resolve this dispute amicably and on that basis has no opposition to
`
`Applicant’s Motion to Extend.
`
`Dated: February 1, 2022
`
`Respectfully submitted,
`
`KILPATRICK TOWNSEND &
`
`
`
`STOCKTON LLP
`
`
`
`By: /Joseph Petersen/
`
`Joseph Petersen
`1080 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 326-2400
`jpetersen@kilpatricktownsend.com
`
`2
`
`

`

`William M. Bryner
`1001 West Fourth Street
`Winston-Salem, North Carolina 27101
`Telephone: (336) 607-7500
`bbryner@kilpatricktownsend.com
`
`Crystal Genteman
`1100 Peachtree Street NE, Suite 2800
`Atlanta, Georgia 30309
`Telephone: (404) 815-6500
`cgenteman@kilpatricktownsend.com
`
`Attorneys for Opposer Apple Inc.
`
`3
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No. 90/335,369
`For the Mark: APPLE-MAN
`Filed: November 22, 2020
`Published: June 8, 2021
`
`APPLE INC.,
`
` v.
`
`VASYL MOSKALENKO,
`
`Opposer,
`
`Applicant.
`
`Opposition No. 91273294
`
`CERTIFICATE OF TRANSMITTAL
`
`I hereby certify that a true copy of the foregoing STATEMENT OF NON-OPPOSITION
`
`TO MOTION TO EXTEND is being filed electronically with the TTAB via ESTTA on this day,
`
`February 1, 2022.
`
`
`
`/Alberto Garcia/
`Alberto Garcia
`
`4
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Application Serial No. 90/335,369
`For the Mark: APPLE-MAN
`Filed: November 22, 2020
`Published: June 8, 2021
`
`APPLE INC.,
`
` v.
`
`VASYL MOSKALENKO,
`
`Opposer,
`
`Applicant.
`
`Opposition No. 91273294
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 1, 2022, a true copy of the foregoing STATEMENT OF
`
`NON-OPPOSITION TO MOTION TO EXTEND is being served on Applicant’s counsel of
`
`record via electronic mail to:
`
`JEREMY PETER GREEN
`JPG LEGAL
`68 JAY STREET, SUITE 612
`BROOKLYN, NY 11201
`docket@jpglegal.com
`
`/Alberto Garcia/
`Alberto Garcia
`
`5
`
`

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