ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1403053
`12/18/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91285540
`
`Party
`
`Correspondence
`address
`
`Plaintiff
`Flip GmbH
`
`MORRIS E. TUREK
`YOURTRADEMARKATTORNEY.COM
`167 LAMP AND LANTERN VILLAGE, #220
`CHESTERFIELD, MO 63017-8208
`UNITED STATES
`Primary email: morris@yourtrademarkattorney.com
`314-749-4059
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Motion to Quash
`
`Morris E. Turek
`
`morris@yourtrademarkattorney.com
`
`/met20/
`
`12/18/2024
`
`Attachments
`
`Flip Motion to Quash Notice of Deposition.pdf(1622147 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Flip GmbH
`
`
`
`
`
`v.
`
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`
`
`
`Opposer,
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`
`
`
`
`
`
`Opposition No.
`
`91285540
`
`
`
`)
`)
`)
`)
`)
`)
`)
`
`JooJoo Enterprises Limited
`)
`
`
`
`Applicant.
`
` )
`
`
`
`OPPOSER’S MOTION TO QUASH APPLICANT’S
`NOTICE OF RULE 30(b)(6) DEPOSITION
`
`
`
`
`For the reasons set forth below, Opposer Flip GmbH (“Opposer”) hereby moves the
`
`Board to quash Applicant’s Notice of Rule 30(b)(6) Deposition of Opposer Flip GmbH on
`
`Written Questions. 21 TTABVUE.
`
`
`
`At 10:38pm CST on Monday, December 16, Applicant served on Opposer’s counsel its
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`Notice of Rule 30(b)(6) Deposition of Opposer Flip GmbH on Written Questions, which
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`Applicant filed with the Board that night approximately 15 minutes later. 21 TTABVUE. The
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`Notice requests that Opposer answer the written questions under oath on Friday, December 20.
`
`Applicant’s Deposition of Opposer on Written Questions contains 98 questions, most of which
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`have numerous subparts (attached).
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`
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`It is completely unreasonable to give only three days notice for Opposer to review all 98
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`questions, determine which persons are qualified and available to answer all 98 questions, and
`
`properly prepare those persons for the deposition. In addition, Applicant scheduled the
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`deposition right before the entire world heads into the Christmas Eve and Christmas holidays
`
`early next week. The only reason why Applicant scheduled the deposition on December 20th is
`
`
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`1
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`

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`because the discovery period ends on the 21st and Applicant is essentially out of time. The
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`closing of a party’s discovery period does not constitute a compelling need for failing to provide
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`reasonable notice of deposition. TBMP § 404.05.
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`
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`The Board should not permit Applicant to burden Opposer with a deposition with almost
`
`zero notice right before the Christmas holidays. Opposer further notes that Applicant never
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`made any effort or attempt to arrange a mutually convenient time for the deposition.
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`
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`In view of the foregoing, Opposer respectfully requests that the Board quash Applicant’s
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`Notice of Rule 30(b)(6) Deposition of Opposer on Written Questions.
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`
`
`
`
`Dated:
`
`12/18/2024
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`FLIP GMBH
`
`By: /met20/
`Morris E. Turek
`YourTrademarkAttorney.com
`167 Lamp and Lantern Village, #220
`Chesterfield, MO 63017-8208
`Tel: (314) 749-4059
`morris@yourtrademarkattorney.com
`
`
`
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`2
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`CERTIFICATE OF SERVICE
`
`
`I hereby certify that a true and complete copy of the foregoing has been served by
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`emailing said copy on 12/18/2024 to:
`
`John L. Krieger
`Attorney for Applicant
`jkrieger@dickinsonwright.com
`
`
`
`
`/met20/
`
`
`Morris E. Turek, Attorney for Opposer
`
`
`
`
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`3
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`

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`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Flip GmbH,
`
`
`
`
`
`JooJoo Enterprises Limited,
`
`
`
`
`
`
`Opposition No. 91285540
`
`Ser. No. 90/861,211
`
`Mark: FLIP
`
`
`
`Opposer,
`
`Applicant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
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`
`
`APPLICANT’S DEPOSITION OF OPPOSER FLIP GMBH
`ON WRITTEN QUESTIONS
`
`Applicant JooJoo Enterprises Limited (“JooJoo”), pursuant to Rules 28 and 30(b)(6) of
`
`the Federal Rules of Civil Procedure and Rule 2.124 of the Trademark Rules of Practice, hereby
`
`requests that Opposer Flip GmbH (“Opposer”) designate one or more officers, directors, or
`
`managing agents, or other persons who consent to testify on its behalf and answer the written
`
`questions set forth below before the officer designated in the Notice.
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`All questions herein should be answered on the basis of the designated person's
`
`knowledge or information and belief. If any answer is given on information and belief, such fact
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`should be stated in the answer. If any information called for in any question is being withheld on
`
`the ground that it is subject to attorney-client privilege or any other privilege, state with respect
`
`to such question that information is being withheld and state the alleged ground of privilege.
`
`To the extent permitted by Rule 26(e) of the Federal Rules of Civil Procedure, these
`
`Questions shall be deemed to be continuing Questions, and the answers thereto are to be
`
`supplemented promptly upon acquisition of further or additional information.
`
`
`
`
`
`
`
`1
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`

`

`
`
`DEFINITIONS
`
`A. The term “Opposer” means Flip GmbH and its present or former officers, directors,
`
`employees, partners, corporate parents, subsidiaries, affiliates, agents, and representatives.
`
`B. “Opposer’s FLIP Mark” means the FLIP mark shown in U.S. Application Serial No.
`
`79/334,224.
`
`C. “Opposer’s GETFLIP Mark” means the GETFLIP Mark shown in U.S. Application
`
`Serial No. 79/361,491.
`
`D. “Opposer’s Marks” means Opposer’s FLIP Mark and Opposer’s GETFLIP Mark.
`
`E. “Opposer’s Goods and Services” means the goods and services listed in Opposer’s U.S.
`
`Application Serial No. 79/334,224 and U.S. Application Serial No. 79/361,491.
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`F. The term “Applicant” means JooJoo Enterprises Limited.
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`G. “Applicant’s Mark” means the FLIP mark shown in U.S. Application Ser. No.
`
`90/861,211.
`
`H. “Applicant’s Goods and Services” means the goods and services identified in Applicant’s
`
`U.S. Application Ser. No. 90/861,211 and in paragraph 1, paragraph 4 and paragraph 5 of the
`
`Second Amended Notice of Opposition.
`
`I. “Channels of Trade” means those persons or entities involved in selling goods to the
`
`ultimate purchasers of the goods.
`
`J. “Channels of Distribution” means those persons or entities involved in purchasing goods
`
`from the producer and re-selling them to those person or entities who sell to the ultimate
`
`purchasers of the goods.
`
`K. The term “person” or “persons” as used herein shall mean an individual, firm,
`
`partnership, corporation, proprietorship, organization or entity.
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`
`
`2
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`

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`
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`L. The term “documents” shall be construed in the customary broad sense and shall include,
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`but not be limited to, the original and any nonidentical copy (whether different from the original
`
`because of notes made on said copy or otherwise) of any written, recorded or graphic items of
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`any kind whatsoever in your possession, custody or control, regardless of where located,
`
`including, without limiting the generality of the foregoing: any account, advertisement, affidavit,
`
`agreement, analysis, answer to questionnaire, assignment, balance sheet, bank record or
`
`statement, blueprint, book of account or record (including any ledger, sub ledger, journal or sub
`
`journal), book, brochure, bulletin, cable, calendar, card, chart, check, circular, communication
`
`(intra or inter-company), computer disk, diskette, drive, drum, input memory, output, printout, or
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`tape, contract, copy, correspondence, court document, diary, draft of any document, drawing,
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`entry, evaluation, expense account, file, forecast, graph, income statement, index, instruction,
`
`instruction manual or sheet, internal company communications, invoice, job requisition, journal,
`
`ledger, letter, license, license agreement, list, log or logbook, magnetic tape, manual, map,
`
`memorandum, microfilm, microfiche, minutes, model, newspaper or other clipping, notation,
`
`note, notebook, object computer code, opinion, pamphlet, paper, periodical or other publication,
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`photograph, plan, print, printout, punch card, questionnaire, any variety of read-only Memory
`
`(including but not limited to any ROM, PROM, EPROM, or EEPROM) whether in
`
`semiconductor chip form or otherwise, receipt, record, recording, report, report of negotiations,
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`routing slip, schematic circuit diagram, sketch, sound recording, source computer code,
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`statement, statistical record, study, summary (including any memorandum, minutes, note, record,
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`or summary of any (a) telephone or intercom conversation or message, (b) personal conversation
`
`or interview, or (c) meeting or conference), summary of negotiations, survey, tabulation, tape,
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`telegram, telephone log, telex message, trade letter, transcript, travel or expense record, voucher,
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`
`
`3
`
`

`

`
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`worksheet or working paper, writing, or other compiled, filmed, handwritten, printed,
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`reproduced, recorded, transcribed, typewritten, or otherwise produced or stored material from
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`which the information inquired of may be obtained, and as defined in Federal Rule of Evidence
`
`Section 1001, any “writings,” “recordings,” “photographs,” “originals,” or “duplicates.” In all
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`cases where originals and/or nonidentical copies are not available, “Document” or “Documents”
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`also means identical copies of original documents and copies of nonidentical copies. In any case
`
`where documents previously in your possession have been destroyed or are not presently in your
`
`possession, provide a statement for each such document of the current location and custodian of
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`the document or the nature, date of, and reason for the document's destruction.
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`M. The term “communication” means the transmittal of information (in the form of facts,
`
`ideas, inquiries, or otherwise).
`
`N. When referring to a person, to “identify” means to give, to the extent known, the person's
`
`full name, present or last known address, and when referring to a natural person, additionally, the
`
`present or last known place of employment and title. Once a person has been identified in
`
`accordance with this subparagraph, only the name of that person need be listed in response to
`
`subsequent discovery requesting the identification of that person.
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`O. When referring to documents, to “identify” means to give, to the extent known, the (i)
`
`type of document; (ii) general subject matter; (iii) date of the document; and (iv) author(s),
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`addressee(s), and recipient(s).
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`P. The term “describe” means, in general, to give the fullest description known or
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`ascertainable by Opposer, whether or not in the possession of Opposer and whether or not
`
`alleged to be privileged.
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`
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`4
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`

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`
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`Q. For the purpose of these questions, the term “use” shall mean any use in the past, in the
`
`present, and/or any intention to use in the future.
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`QUESTIONS
`
`BACKGROUND
`
`QUESTION NO. 1:
`
`Please state your full name and corporate address for the record.
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`QUESTION NO. 2:
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`Please state your current title and position for the record.
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`QUESTION NO. 3:
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`Please state your current responsibilities as they relate to Opposer, and/or any of its
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`subsidiaries and/or related companies.
`
`QUESTION NO. 4:
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`If you have held multiple titles or positions for Opposer, please state each title/position
`
`you have held and for each title/position state the length of time you held that title/position and
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`your responsibilities under each title/position.
`
`QUESTION NO. 5:
`
`a) Please describe the business of Opposer.
`
`b) Where is Opposer located?
`
`c) How many offices does Opposer have and where is each office located?
`
`d) How many employees does Opposer have?
`
`e) Please identify any related companies and/or subsidiaries of Opposer.
`
`f) Please describe the business of Opposer as it relates to Opposer’s Marks.
`
`
`
`Topic 1.1 (Selection, Clearance Adoption of Opposer’s Marks)
`
`QUESTION NO. 6:
`
`a) Were you involved with the selection and adoption of Opposer’s FLIP Mark for use by
`
`Opposer?
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`5
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`
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`b) If so, describe fully your involvement in the selection and adoption of the FLIP Mark.
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`c) If not, identify all people involved with the selection and adoption of the FLIP Mark for
`
`use by Opposer, including names, positions, titles and corporate addresses, and how each
`
`person was involved in the selection and adoption of the FLIP Mark.
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`
`
`QUESTION NO. 7:
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`a) Were you involved with the selection and adoption of the Opposer’s GETFLIP Mark for
`
`use by Opposer?
`
`b) If so, describe fully your involvement in the selection and adoption of the GETFLIP
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`Mark.
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`c) If not, identify all people involved with the selection and adoption of the GETFLIP Mark
`
`for use by Opposer, including names, positions, titles and corporate addresses, and how
`
`each person was involved in the selection and adoption of the GETFLIP Mark.
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`
`
`QUESTION NO. 8:
`
`a) Before Opposer adopted Opposer’s FLIP Mark was a trademark search conducted to
`
`determine whether the mark infringed the right of any third parties?
`
`b) If so:
`
`i. When was the trademark search conducted?
`
`ii. Who conducted the trademark search?
`
`iii. What jurisdictions were covered in the trademark search? Germany? United
`
`States? Any others?
`
`iv. What goods and services were covered by the search?
`
`v. What were the results of the search?
`
`vi. Was the FLIPGRID mark used by Microsoft revealed by the search?
`
`c) If not, why was a trademark search not conducted? Who decided not to conduct a
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`trademark search?
`
`QUESTION NO. 9:
`
`a) Before Opposer adopted Opposer’s GETFLIP Mark was a trademark search conducted to
`
`determine whether the mark infringed the right of any third parties?
`
`
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`6
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`
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`b) If so:
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`i. When was the trademark search conducted?
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`ii. Who conducted the trademark search?
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`iii. What jurisdictions were covered in the trademark search? Germany? United
`
`States? Any others?
`
`iv. What goods and services were covered by the search?
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`v. What were the results of the search?
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`vi. Was the FLIPGRID mark revealed by the search?
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`c) If not, why was a trademark search not conducted? Who decided not to conduct a
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`trademark search?
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`
`QUESTION NO. 10:
`
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`a) To the best of your knowledge and belief why was Opposer’s FLIP Mark selected?
`
`b) What, if anything, is its significance?
`
`c) What, if anything, is its commercial impression?
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`d) What, if anything, does FLIP mean?
`
`e) What, if anything, does FLIP suggest?
`
`
`QUESTION NO. 11:
`
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`a) To the best of your knowledge and belief why was Opposer’s GETFLIP mark selected?
`
`b) What, if anything, is its significance?
`
`c) What, if anything, is its commercial impression?
`
`d) What, if anything, does GETFLIP mean?
`
`e) What, if anything, does GETFLIP suggest?
`
`
`
`Topic 1.2 (Opposer’s U.S. Trademark Applications to Register Opposer’s Marks)
`
`
`QUESTION NO. 12:
`
`
`a) Please familiarize yourself with the document attached to these questions as Exhibit 1?
`
`i. What is it?
`
`
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`7
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`
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`b) Who at Opposer authorized the filing of the U.S. “Request for Extension of Protection”
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`trademark application to register Opposer’s FLIP Mark?
`
`c) Please identify the reasons for filing a U.S. “Request for Extension of Protection”
`
`trademark application to register Opposer’s FLIP Mark.
`
`d) Did you consult with anyone in preparation of the application?
`
`i.
`
`If yes, who?
`
`e) Who prepared the application?
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`i.
`
`If prepared by counsel, did Opposer review the final application before it was
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`submitted? If not, why not?
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`f) When was the application filed?
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`g) What is the filing basis for the application?
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`h) Was a date of first use in the United States included in the application?
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`i) Was Opposer already using the FLIP mark in commerce in the U.S. as of the date the
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`U.S. “Request for Extension of Protection” trademark application to register Opposer’s
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`GETFLIP Mark was filed?
`
`i.
`
`If so, why was a date of first use in the United States not included in the
`
`application?
`
`
`QUESTION NO. 13:
`
`
`a) Please familiarize yourself with the document attached to these questions as Exhibit 2?
`
`a. What is it?
`
`a) Who at Opposer authorized the filing of the U.S. “Request for Extension of Protection”
`
`trademark application to register Opposer’s GETFLIP Mark?
`
`b) Please identify the reasons for filing a U.S. “Request for Extension of Protection”
`
`trademark application to register Opposer’s GETFLIP Mark.
`
`c) Did you consult with anyone in preparation of the application?
`
`i.
`
`If yes, who?
`
`d) Who prepared the application?
`
`i.
`
`If prepared by counsel, did Opposer review the final application before it was
`
`submitted? If not, why not?
`
`e) When was the application filed?
`
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`8
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`f) What is the filing basis for the application?
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`g) Was a date of first use in the United States included in the application?
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`h) Was Opposer already using the GETFLIP mark in commerce in the U.S. as of the date
`
`the U.S. “Request for Extension of Protection” trademark application to register
`
`Opposer’s GETFLIP Mark was filed?
`
`i.
`
`If so, why was a date of first use in the United States not included in the
`
`application?
`
`
`Topic 1.3 (Opposer’s Goods and Services)
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`QUESTION NO. 14:
`
`
`a) What products are sold in the United States under Opposer’s FLIP Mark?
`
`b) What services are offered in the United States under Opposer’s FLIP Mark?
`
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`QUESTION NO. 15:
`
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`a) What products are sold in the United States under Opposer’s GETFLIP Mark?
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`b) What services are offered in the United States under Opposer’s GETFLIP Mark?
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`
`
`QUESTION NO. 16:
`
`a) Please familiarize yourself with the document attached to these questions as Exhibit 3?
`
`i. What is it?
`
`b) For the goods and services listed at Ex. 3, state the date of first use in commerce in the
`
`United States for each good and service in connection with the FLIP Mark (goods and
`
`services are listed below):
`
`i. Downloadable application software for social networking services via internet;
`
`ii.
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`downloadable applications for use with mobile devices for providing company
`
`newsfeed, human resources interface, and employee communication, scheduling,
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`task management, and forms access;
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`downloadable software for online messaging;
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`downloadable community software for online employee bulletin board and chat
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`9
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`iii.
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`iv.
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`
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`v.
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`Provision of access to data on communication networks in the field of employee
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`administration;
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`vi.
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`providing access to platforms and portals via the Internet;
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`vii.
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`providing access to platforms and portals on a local area computer network;
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`viii.
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`providing online chatrooms for the transmission of messages, comments, and
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`multimedia content among users;
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`ix.
`
`electronic transmission of user-generated content via the Internet, namely,
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`electronic data transmission
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`x.
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`Providing temporary use of online, non-downloadable business software for
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`access to company newsfeed, human resources interface, and employee
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`communication, scheduling, task management, and forms;
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`xi.
`
`providing temporary use of online, non-downloadable software applications
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`accessible via a web site for access to company newsfeed, human resources
`
`interface, and employee communication, scheduling, task management, and
`
`forms;
`
`xii.
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`software development, programming and implementation;
`
`xiii.
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`hosting services, namely, intranet server hosting and business software hosting;
`
`xiv.
`
`software as a service (SAAS) services featuring software for workforce
`
`management and human resources;
`
`xv.
`
`rental of software;
`
`xvi.
`
`platform as a service (PAAS) featuring computer software platforms for
`
`workforce management and human resources;
`
`xvii. maintenance and updating of computer software
`
`c) For each date of first use provided above, please state whether the date is based on the
`
`sale of the product or service, a plan to sell the product or service, the advertising of the
`
`product or service, or the importation of the product or service into the United States?
`
`d) If based on the sale of the product or service, where was the sale made?
`
`i. Who purchased the product or service?
`
`ii. Was the purchaser a U.S. based company or individual residing in the United
`
`States?
`
`iii. How was the sale performed (online, retail)?
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`10
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`iv. Explain the sale transaction.
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`v. Was a receipt generated?
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`i. If yes, does Opposer keep copies of receipts? (if yes, why were none
`
`produced?)
`
`e) If based on any transaction other than a sale of the product or service:
`
`i. What type of transaction was it?
`
`ii. Who was the transaction with?
`
`iii. Did the transaction occur with a U.S. based company or individual residing in the
`
`United States?
`
`f) Does Opposer have any documents (emails, sales receipts, etc.) that can corroborate the
`
`first use dates provided above? If yes, why haven’t they been produced?
`
`
`QUESTION NO. 17:
`
`
`a) Please familiarize yourself with the document attached to these questions as Exhibit 4?
`
`i. What is it?
`
`b) Looking at Ex. 3 and Ex. 4, are the descriptions of the goods and services listed in the
`
`applications the same?
`
`i.
`
`If not, why are the descriptions different?
`
`ii. Do the goods and services offered under Opposer’s FLIP Mark differ from the
`
`goods and services offered under Opposer’s GETFLIP Mark?
`
`c) For the goods and services listed at Ex. 4, state the date of first use in commerce in the
`
`United States for each good and service in connection with the GETFLIP Mark (goods
`
`and services are listed below):
`
`i. Downloadable intranet software for providing company newsfeed, human
`
`resources interface, and employee communication, scheduling, task management,
`
`and forms access;
`
`ii.
`
`downloadable computer application software for social networking services via
`
`internet;
`
`downloadable social networking software;
`
`downloadable mobile application software, namely, software for online
`
`messaging;
`
`11
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`iii.
`
`iv.
`
`
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`

`
`
`
`
`v.
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`downloadable web application software for mobile phones and handheld
`
`computers, namely, software for providing company newsfeed, human resources
`
`interface, and employee communication, scheduling, task management, and forms
`
`access;
`
`vi.
`
`collaboration software platforms in the nature of downloadable software;
`
`vii.
`
`downloadable virtual social network software;
`
`viii.
`
`Providing multiple user access to platforms on the internet;
`
`ix.
`
`providing online discussion forums in the nature of internet chatrooms for social
`
`networks;
`
`x.
`
`providing online chat rooms for the transmission of messages, comments, and
`
`multimedia content among computer users concerning workplace matters;
`
`xi.
`
`transmission and delivery of user-generated content in the nature of text, images,
`
`audio files, video files, and multimedia files via the internet;
`
`xii.
`
`Software as a service (SAAS) services featuring software for workforce
`
`management and human resources;
`
`xiii.
`
`providing temporary use of online non-downloadable business software for access
`
`to company newsfeed, human resources interface, and employee communication,
`
`scheduling, task management, and forms;
`
`xiv.
`
`providing temporary use of online non-downloadable software applications
`
`accessible through website for access to company newsfeed, human resources
`
`interface, and employee communication, scheduling, task management, and
`
`forms;
`
`xv.
`
`providing temporary use of online web-based applications for access to company
`
`newsfeed, human resources interface, and employee communication, scheduling,
`
`task management, and forms;
`
`xvi. website design consultancy;
`
`xvii.
`
`providing temporary use of online non-downloadable software for sharing
`
`multimedia content and comments among users;
`
`xviii.
`
`computer services in connection with electronic data storage;
`
`12
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`
`
`
`
`xix.
`
`providing temporary use of online non-downloadable software for transmission of
`
`information; platform as a service (PAAS) featuring computer software platforms
`
`for workforce management and human resources;
`
`xx.
`
`development of computer software.
`
`d) For each date of first use provided above, please state whether the date is based on the
`
`sale of the product or service, a plan to sell the product or service, the advertising of the
`
`product or services, or the importation of the product or service into the United States?
`
`e) If based on the sale of the product or service, where was the sale made?
`
`i. Who purchased the product or service?
`
`ii. Was the purchaser a U.S. based company or individual residing in the United
`
`States?
`
`iii. How was the sale performed (online, retail)?
`
`iv.
`
`Explain the sale transaction.
`
`v. Was a receipt generated?
`
`i. If yes, does Opposer keep copies of receipts? (if yes, why were none
`
`produced?)
`
`f) If based on any transaction other than a sale of the product or service:
`
`i. What type of transaction was it?
`
`ii. Who was the transaction with?
`
`iii. Did the transaction occur with a U.S. based company or individual residing in the
`
`United States?
`
`g) Does Opposer have any documents (emails, sales receipts, etc.) that can corroborate the
`
`first use dates provided above? If yes, why haven’t they been produced?
`
`QUESTION NO. 18:
`
`a) Does Opposer believe that Applicant’s Goods and Services offered by Applicant under
`
`Applicant’s Mark are overlapping to the goods and services offered by Opposer under
`
`Opposer’s FLIP Mark?
`
`a. If so, why?
`
`
`
`13
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`
`
`
`
`b) Does Opposer believe that Applicant’s Goods and Services offered by Applicant under
`
`Applicant’s Mark are similar to the goods and services offered by Opposer under
`
`Opposer’s FLIP Mark?
`
`a. If so, why?
`
`c) Does Opposer believe that Applicant’s Goods and Services offered by Applicant under
`
`Applicant’s Mark are related to the goods and services offered by Opposer under
`
`Opposer’s FLIP Mark?
`
`a. If so, why?
`
`QUESTION NO. 19:
`
`a) Does Opposer believe that Applicant’s Goods and Services offered by Applicant under
`
`Applicant’s Mark are overlapping to the goods and services offered by Opposer under
`
`Opposer’s GETFLIP Mark?
`
`a. If so, why?
`
`b) Does Opposer believe that Applicant’s Goods and Services offered by Applicant under
`
`Applicant’s Mark are similar to the goods and services offered by Opposer under
`
`Opposer’s GETFLIP Mark?
`
`a. If so, why?
`
`c) Does Opposer believe that Applicant’s Goods and Services offered by Applicant under
`
`Applicant’s Mark are related to the goods and services offered by Opposer under
`
`Opposer’s GETFLIP Mark?
`
`a. If so, why?
`
`
`
`Topic 1.4 (Channels of Trade)
`
`
`QUESTION NO. 20:
`
`
`
`Define and describe the Channels of Trade through which products bearing Opposer’s
`
`FLIP Mark have been sold in the U.S.
`
`
`
`
`
`
`
`
`
`14
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`
`
`QUESTION NO. 21:
`
`
`
`Define and describe the Channels of Trade through which services offered under
`
`Opposer’s FLIP Mark have been sold in the U.S.
`
`
`
`QUESTION NO. 22:
`
`
`
`Define and describe the Channels of Trade through which products bearing Opposer’s
`
`GETFLIP Mark have been sold in the U.S.
`
`
`
`QUESTION NO. 23:
`
`
`
`Define and describe the Channels of Trade through which services offered under
`
`Opposer’s GETFLIP Mark have been sold in the U.S.
`
`
`
`QUESTION NO. 24:
`
`Identify all current retailers in the United States where a consumer can purchase
`
`Opposer’s FLIP branded products.
`
`
`
`QUESTION NO. 25:
`
`Identify all current retailers in the United States where a consumer can purchase
`
`Opposer’s FLIP branded services.
`
`
`
`QUESTION NO. 26:
`
`Identify all current retailers in the United States where a consumer can purchase
`
`Opposer’s GETFLIP branded products.
`
`
`
`QUESTION NO. 27:
`
`
`
`Identify all current retailers in the United States where a consumer can purchase
`
`Opposer’s GETFLIP branded services.
`
`
`
`QUESTION NO. 28:
`
`
`
`Identify all websites accessible from the United States where a U.S. consumer can
`
`purchase Opposer’s FLIP branded goods or services.
`
`
`
`15
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`
`
`
`
`QUESTION NO. 29:
`
`
`
`Identify all websites accessible from the United States where a U.S. consumer can
`
`purchase Opposer’s GETFLIP branded goods or services.
`
`
`
`QUESTION NO. 30:
`
`a) Please familiarize yourself with the internet website located at domain <getflip.com> that
`
`Opposer has identified as detailing Opposer’s products and services offered under
`
`Opposer’s Marks.
`
`b) When was the domain <getflip.com> registered?
`
`c) Who registered the <getflip.com> domain?
`
`d) When was an active website accessible to the public first shown on the <getflip.com>
`
`domain?
`
`e) When the website was first accessible to the public at the <getflip.com> domain, what
`
`language was used on the website?
`
`f) When was the text on the website at the <getflip.com> domain first translated into
`
`English?
`
`g) Does Opposer track web traffic to the website at the <getflip.com> domain?
`
`a. If so, when did it first track web traffic?
`
`b. What are the annual number of visitors to the website at the <getflip.com> since
`
`the domain was registered?
`
`c. Annually how many visitors to the website at the <getflip.com> domain are from
`
`the United States?
`
`h) Who operates the internet website shown at the <getflip.com> domain? What are their
`
`duties as they pertain to this internet website?
`
`
`
`QUESTION NO. 31:
`
`How many FLIP branded products have been sold in the U.S. since the claimed first use
`
`date?
`
`
`
`
`
`
`
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`
`
`QUESTION NO. 32:
`
`How many FLIP branded services have been sold in the U.S. since the claimed first use
`
`date?
`
`
`
`QUESTION NO. 33:
`
`How many GETFLIP branded products have been sold in the U.S. since the claimed first
`
`use date?
`
`
`
`QUESTION NO. 34:
`
`How many GETFLIP branded services have been sold in the U.S. since the claimed first
`
`use date?
`
`
`
`QUESTION NO. 35:
`
`a) Does Opposer believe that the Channels of Trade employed by Applicant for Applicant’s
`
`Goods and Services using Applicant’s Mark overlap with the Channels of Trade
`
`employed by Opposer for Opposer’s Goods and Services using Opposer’s FLIP Mark?
`
`a. If so, why?
`
`b) Does Opposer believe that the Channels of Trade employed by Applicant for Applicant’s
`
`Goods and Services using Applicant’s Mark are similar the Channels of Trade employed
`
`by Opposer for Opposer’s Goods and Services using Opposer’s FLIP Mark?
`
`a. If so, why?
`
`
`
`QUESTION NO. 36:
`
`a) Does Opposer believe that the Channels of Trade employed by Applicant for Applicant’s
`
`Goods and Services using Applicant’s Mark overlap with the Channels of Trade
`
`employed by Opposer for Opposer’s Goods and Services using Opposer’s GETFLIP
`
`Mark?
`
`a. If so, why?
`
`b) Does Opposer believe that the Channels of Trade employed by Applicant for Applicant’s
`
`Goods and Services using Applicant’s Mark are similar the Channels of Trade employed
`
`by Opposer for Opposer’s Goods and Services using Opposer’s GETFLIP Mark?
`
`
`
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`

`
`
`a. If so, why?
`
`
`Topic 1.5 (Channels of Distribution)
`
`
`
`QUESTION NO. 37:
`
`Describe the Channels of Distribution through which Opposer has sold, offered for sale
`
`or intends to sell, Opposer’s Goods and Services using Opposer’s Marks in the United States.
`
`QUESTION NO. 38:
`
`
`
`Identify all distributors who sell Opposer’s FLIP branded goods or services to consumers
`
`in the United States.
`
`
`
`QUESTION NO. 39:
`
`
`
`Identify all distributors who sell Opposer’s GETFLIP branded goods or services to
`
`consumers in the United States.
`
`
`
`QUESTION NO. 40:
`
`c) Does Opposer believe that the Channels of Distribution employed by Applicant for
`
`Applicant’s Goods and Services using Applicant’s Mark overlap with the Channels of
`
`Distribution employed by Opposer for Opposer’s Goods and Services using Opposer’s
`
`FLIP Mark?
`
`a. If so, why?
`
`d) Does Opposer believe that the Channels of Distribution employed by Applicant for
`
`Applicant’s Goods and Services using Applicant’s Mark are similar the Channels of
`
`Distribution employed by Opposer for Opposer’s Goods and Services using Opposer’s
`
`FLIP Mark?
`
`a. If so, why?
`
`
`
`QUESTION NO. 41:
`
`c) Does Opposer believe that the Channels of Distribution employed by Applicant for
`
`Applicant’s Goods and Services using Applicant’s Mark overlap with the Channels of
`
`
`
`18
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`

`
`
`
`
`Distribution employed by Opposer for Opposer’s Goods and Services using Opposer’s
`
`GETFLIP Mark?
`
`a. If so, why?
`
`d) Does Opposer believe that the Channels of Distribution employed by Applicant for
`
`Applicant’s Goods and Services using Applicant’s Mark are similar the Channels of
`
`Distribution employed by Opposer for Opposer’s Good