ESTTA Tracking number:
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`ESTTA1392284
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`Filing date:
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`10/28/2024
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91287578
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Defendant
`Apple Monkey Life LLC
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`MANOJ N. SHAH
`BRAND COUNSEL, P.C.
`1019 E. 4TH PLACE, 4TH FLOOR
`LOS ANGELES, CA 90013
`UNITED STATES
`Primary email: manoj@brandcounselpc.com
`Secondary email(s): lilly@brandcounselpc.com, anna@brandcounselpc.com,
`katie@brandcounselpc.com, gianna@brandcounselpc.com
`No phone number provided
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`Request to Withdraw as Attorney
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`Anna Radke
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`anna@brandcounselpc.com, manoj@brandcounselpc.com,
`maisha@brandcounselpc.com, emma@brandcounselpc.com,
`sean@brandcounselpc.com
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`/Anna Radke/
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`10/28/2024
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`102824 Motion to Withdraw as Representative APPLE MONKEY FI-
`NAL.pdf(154074 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Trademark Application
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`Serial No.: 97335918
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`For the Mark: APPLE MONKEY
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`Apple Inc.,
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`Opposer,
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`Opposition No.: 91287578
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`vs.
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`Apple Monkey Life LLC,
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`Applicant.
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`MOTION TO WITHDRAW AS REPRESENTATIVE
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`Motion to Withdraw.
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`I.
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`Pursuant to 37 CFR 2.19(b), the undersigned seek to withdraw as attorneys of record for
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`Applicant. The undersigned believe that the requirements of 37 CFR § 11.116 are met and
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`requests approval by motion granted by the Trademark Trial and Appeal Board.
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`37 CFR 2.19(b) provides that a practitioner may withdraw from representing a client if
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`(among other reasons): (1) withdrawal can be accomplished without material adverse effect on
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`the interests of the client; or (5) the client fails substantially to fulfill an obligation to the
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`practitioner regarding the practitioner’s services and has been given reasonable warning that the
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`practitioner will withdraw unless the obligation is fulfilled.
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`Here, both (1) and (5) are satisfied. Regarding (1): The opposition is at an early stage. An
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`Answer to Notice of Opposition was filed, and the proceeding is now in a discovery period as
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`well as pending settlement discussions so the Applicant has sufficient time to engage new counsel
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`if necessary. Therefore, the undersigned’s proposed withdrawal will not have a material adverse
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`effect on the interests of the Applicant. Regarding (5): the Applicant had failed to fulfill
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`obligations to the practitioner regarding the practitioner’s services (specifically in the areas of
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`past and present financial obligations as well as answers related to settlement) and has been given
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`reasonable warning that the practitioner will withdraw unless the obligation is fulfilled.
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`The undersigned have complied with the requirements of 37 C.F.R. § 11.116(c) and 37
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`C.F.R. § 11.116(d) in that this request (1) specifies the basis for the request; (2) the practitioner
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`states herewith that they have notified the client of their desire to withdraw from employment, and
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`have allowed time for employment of another practitioner; (3) the practitioner state herewith that
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`all papers and property that relate to the proceeding and to which the client is entitled have been
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`delivered to the client; (4) the practitioners state herewith that no fees have been paid in advance to
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`the undersigned that are not refunded; and (5) the practitioner provides herewith proof of service of
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`the request upon the Applicant and the Opposer.
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`No Prejudice to Either Party.
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`II.
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`The Opposition is presently pending settlement discussion and is very early in the
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`opposition process. Based on the opposition being in such an early stage and the negotiated
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`settlement offer, the undersigned believes that neither party could be prejudiced by the Board
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`granting the undersigned’s motion to withdraw.
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`Dated: October 28, 2024
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`Respectfully submitted,
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`BRAND COUNSEL, P.C.
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`By: /Anna Radke/
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`Anna Radke
`401 Park Avenue South, 10th Fl.
`New York, NY 10016
`(213) 985-3804
`anna@brandcounselpc.com
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` By: /Manoj Shah/
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`Manoj N. Shah
`177 E. Colorado Blvd, 2nd Fl.
`Pasadena, CA 91105
`(213) 985-3804
`manoj@brandcounselpc.com
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`Attorneys for Applicant
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing MOTION TO WITHDRAW
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`AS REPRESENATIVE has been served on Opposer by forwarding said copy on October 28, 2024,
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`via email to:
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`KILPATRICK TOWNSEND & STOCKTON LLP
`Attn: Joseph Petersen & William M. Bryner
`jpetersen@kilpatricktownsend.com
`bbryner@kilpatricktownsend.com
`BWolin@kilpatricktownsend.com
`agarcia@kilpatricktownsend.com
`tmadmin@kilpatricktownsend.com
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`I hereby certify that on the date noted below, I caused a copy of the foregoing MOTION
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`TO WITHDRAW AS REPRESENATIVE by email to the Applicant at the following address:
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`Apple Monkey Life LLC
`bizz@applemonkeylife.com
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`October 28, 2024
`Date: _____________
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`/Maisha Imam/
`By: ____________
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`4
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