Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1290253
`
`Filing date:
`
`06/08/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91284703
`
`Party
`
`Correspondence
`address
`
`Defendant
`Krolikowski, Adam J
`
`ADAM KROLIKOWSKI
`930 W 17TH STREET, UNIT D
`SANTA ANA, CA 92706
`UNITED STATES
`Primary email: info@usethelaw.com
`Secondary email(s): adam@usethelaw.com
`949-268-1852
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Adam J Krolikowski
`
`info@usethelaw.com
`
`/AJK/
`
`06/08/2023
`
`Attachments
`
`Answer and Counterclaim.pdf(246179 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1290253
`
`Filing date:
`
`06/08/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91284703
`
`Party
`
`Correspondence
`address
`
`Defendant
`Krolikowski, Adam J
`
`ADAM KROLIKOWSKI
`930 W 17TH STREET, UNIT D
`SANTA ANA, CA 92706
`UNITED STATES
`Primary email: info@usethelaw.com
`Secondary email(s): adam@usethelaw.com
`949-268-1852
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Adam J Krolikowski
`
`info@usethelaw.com
`
`/AJK/
`
`06/08/2023
`
`Attachments
`
`Answer and Counterclaim.pdf(246179 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Application Serial No. 97/362,235
`
`Mark: “GREAT RESULTS ARE NO ACCIDENT”
`
`Roberts | Jeandron Law, APC,
`
`
`
`
`
`Opposer,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`ANSWER AND COUNTERCLAIM
`
`Opposition No. 91284703
`
`
`
`
`Adam J. Krolikowski,
`
`
`
`
`
`Applicant.
`
`
`
`ANSWER AND COUNTERCLAIM
`
`Applicant Defendant, Adam J. Krolikowski ("Applicant"), as and for its Answer to the Notice of
`
`Opposition asserted by Opposer herein, responds as follows:
`
`1. With respect to Paragraphs numbered “1,” “2,” “3,” “4,” “9,” “12,” “14,” “15,”
`
`Applicant denies knowledge or information sufficient to form a belief that the allegations are true
`
`and accurate.
`
`2. Applicant denies each and every allegation contained in Paragraphs “8,” “10,” “13.”
`
`3. Applicant admits the allegations contained in Paragraphs “5,” “6,” “7,” “11,” “16.”
`
`AFFIRMATIVE DEFENSES
`
`Applicant further avers that the following affirmative defenses bar Opposer's requested relief
`
`in its Notice of Opposition:
`
`FIRST AFFIRMATIVE DEFENSE
`
`4. Opposer has failed to state any grounds upon which relief may be granted.
`
`
`
`
`
`SECOND AFFIRMATIVE DEFENSE
`
`5. Opposer’s Application No. 97/843,941 for OUR GREAT RESULTS ARE NO
`
`ACCIDENT for legal services, in Class 45, should be cancelled as it is merely descriptive or
`
`generic.
`
`THIRD AFFIRMATIVE DEFENSE
`
`6. Opposer’s Application No. 97/843,941 for OUR GREAT RESULTS ARE NO
`
`ACCIDENT for legal services, in Class 45, lacks secondary meaning.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`7. There are numerous third-party registrations and uses of the phrase “great results are no
`
`accident” and/or “our great results are no accident.”
`
`FIFTH AFFIRMATIVE DEFENSE
`
`8. Opposer's rights in its alleged marks are limited in scope because registrations already
`
`exist for the same or similar marks by third parties.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`9. Not all of the good and/or services listed are or were in “use” by Opposer.
`
`RESERVATION OF ADDITIONAL DEFENSES
`
`10. Applicant hereby gives notice that it may rely on any other defenses that may become
`
`available or appear proper during discovery, and hereby reserves its right to amend this Answer
`
`to assert any such defenses
`
`AS AND FOR A COUNTER CLAIM AGAINST OPPOSER
`
`1. Applicant repeats and realleges each and every allegation set forth in the foregoing
`
`paragraphs as if fully set forth herein.
`
`
`
`2. Applicant believes that it will be damaged by the continued registration of U.S.
`
`Trademark Application Nos. 97/843,941.
`
`3. Applicant’s application for GREAT RESULTS ARE NO ACCIDENT was filed on April
`
`14, 2022, claiming first use anywhere and in interstate commerce at least as early as April 14,
`
`2022.
`
`4. Opposer Roberts | Jeandron Law, LLP has used the words as part of a sentence on its
`
`YouTube (https://www.youtube.com) channel: “We deal with a lot of accident cases, but our
`
`great results are no accident.”
`
`5. Opposer Roberts | Jeandron Law, LLP has used the words as part of a sentence on its
`
`LinkedIn page “Jeff Roberts & Michael Jeandron get great results on accident cases, but great
`
`results are no accident.”
`
`6. Opposer claims to use the phrases “great results are no accident” and/or “our great
`
`results are no accident,” but the use of the word are only descriptive and have no secondary
`
`meaning.
`
`7. Opposer alleges ownership of Application No. 97/843,941 filed on March 17, 2023 for
`
`“OUR GREAT RESULTS ARE NO ACCIDENT.”
`
`8. Over a month after Applicant filed his trademark, Opposer added the word “OUR” and
`
`filed for their own trademark, but oppose Applicant’s trademark based on “confusion”.
`
`9. Applicant hereby petitions for cancellation of Opposer’s Registrations pursuant to
`
`Section 14(3) of the Lanham Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. § 1064(3). As
`
`grounds for cancellation, Applicant alleges:
`
`10. Applicant plans to use the mark in U.S. commerce in connection with “Legal advice;
`
`Legal services; Providing legal information via a website; Providing customized legal
`
`
`
`information, counseling, and advice, and litigation services in the field of PERSONAL INJURY;
`
`Providing information about legal services via a website.” Applicant has taken steps toward
`
`using its mark in connection with said goods and services, and therefore is invested in and has a
`
`real interest in the GREAT RESULTS ARE NO ACCIDENT mark.
`
`FIRST GROUND FOR CANCELLATION: 15 U.S. Code § 1052(e)
`
`11. Applicant repeats and realleges each and every allegation set forth in the foregoing
`
`paragraphs as if fully set forth herein.
`
`12. The Opposer’s trademark application is descriptive and it has not acquired secondary
`
`meaning.
`
`13. Per § 1052(e), Opposers application consists of a mark which (1) when used on or in
`
`connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of
`
`them, and/or, (5) comprises any matter that, as a whole, is functional.
`
`14. Applicant reserves the right to amend this Counterclaim to allege other claims in the
`
`event discovery of other information indicates they are appropriate.
`
`RELIEF REQUESTED
`
`15. WHEREFORE, Applicant respectfully requests that the Opposition be dismissed with
`
`prejudice, and further that Opposer’s Registrations be cancelled.
`
`Respectfully submitted,
`
`
`
`_______________________
`Adam J. Krolikowski, Esq.
`California State Bar No. 202946
`The Krolikowski Law Firm
`930 W 17th St, Ste D
`Santa Ana, CA 92706
`Tel (949) 269-1869
`Fax (949) 269-1868
`adam@usethelaw.com
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on this this 8th day of June, 2023, a true copy of the
`
`foregoing ANSWER AND COUNTERCLAIM was served on Opposer by emailing the same to
`
`its attorneys of record as follows: jon@schiffrinlaw.com
`
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`The undersigned certifies that this submission (along with any paper referred to as being attached
`
`or enclosed) is being filed with the United States Patent and Trademark Office via the Electronic
`
`System for Trademark Trials and Appeals (ESTTA) on this 8th day of June, 2023.
`
`
`
`_______________________________________
`Signature
`
`_______________________________________
`Adam J. Krolikowski, Esq.
`Name of Person Signing Certificate
`
`_______________________________________
`06/08/2023
`Date
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
