ESTTA Tracking number:
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`ESTTA1366030
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`Filing date:
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`06/19/2024
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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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`91291409
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`Party
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`Correspondence
`address
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`Defendant
`NFT Now Media, Inc.
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`JEREMY PETER GREEN ECHE
`JPG LEGAL
`163 23RD STREET
`GROUND FLOOR
`BROOKLYN, NY 11232
`UNITED STATES
`Primary email: docket@jpglegal.com
`917-268-7054
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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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`Answer
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`Jeremy Peter Green Eche
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`docket@jpglegal.com
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`/JPG/
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`06/19/2024
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`Attachments
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`NOWMEDIA Opposition Answer.pdf(107298 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
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`TRADEMARK TRIAL AND APPEAL BOARD
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`NOW! Media Inc.,
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`Opposer,
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`Opposition No.: 91291409
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`Mark: NOWMEDIA
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`NFT Now Media, Inc.
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`Applicant.
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`Serial No. 97939609
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`ANSWER TO NOTICE OF OPPOSITION AND AFFIRMATIVE DEFENSES
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`Applicant NFT Now Media, Inc.(“Applicant”), by and through its attorney, hereby
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`answers the notice of opposition filed by NOW! Media Inc. (“Opposer”) as follows. To the
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`extent not explicitly admitted, all allegations in the Opposition are denied.
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`ANSWER
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`Applicant admits to the truth of the matters alleged in Paragraph 1.
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`Applicant admits to the truth of the matters alleged in Paragraph 2.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`2.
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`truth of the matters alleged in Paragraph 3.
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`4.
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`5.
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`Applicant admits to the materials mentioned in Paragraph 4.
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`Applicant denies knowledge or information sufficient to form a belief as to the
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`truth of the matters alleged in Paragraph 5.
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`6.
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`Applicant admits to the materials mentioned in Paragraph 6.
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`Applicant admits to the materials mentioned in Paragraph 7.
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`8.
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`Applicant admits to the materials mentioned in Paragraph 8.
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`Applicant denies the allegations and/or legal conclusions drawn in Paragraph 9.
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`10.
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`Applicant denies the allegations and/or legal conclusions drawn in Paragraph 10.
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`11.
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`Applicant denies the allegations and/or legal conclusions drawn in Paragraph 11.
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`12.
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`Applicant denies the allegations and/or legal conclusions drawn in Paragraph 12.
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`AFFIRMATIVE DEFENSES
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`Applicant undertakes the burden of proof only as to those defenses deemed affirmative
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`defenses by law, regardless of how such defenses are denominated below. Applicant expressly
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`reserves the right to plead additional affirmative and other defenses should any defenses be
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`revealed by discovery in this case. As for its affirmative and other defenses, Applicant states as
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`follows:
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`First Affirmative Defense
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`There is no likelihood of confusion, mistake, or deception between Opposer’s mark and
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`Applicant’s mark.
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`Second Affirmative Defense
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`Applicant alleges on information and belief that as a result of Opposer’s own acts and/or
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`omissions, the opposition is barred by the doctrine of laches.
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`Third Affirmative Defense
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`Applicant alleges on information and belief that the opposition is barred by the doctrine
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`of estoppel.
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`Fourth Affirmative Defense
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`Applicant alleges on information and belief that as a result of its own acts and omissions,
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`Opposer has waived any right to pursue its opposition.
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`Fifth Affirmative Defense
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`Applicant alleges on information and belief that the opposition is barred by the doctrine
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`of acquiescence.
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`Sixth Affirmative Defense
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`Applicant alleges on information and belief that the opposition is barred by the doctrine
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`of unclean hands.
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`Seventh Affirmative Defense
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`Any and all acts alleged to have been committed by Applicant were performed with lack
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`of knowledge and lack of willful intent.
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`WHEREFORE, Applicant requests that the notice of opposition be dismissed with
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`prejudice, together with whatever other relief the Board may deem appropriate.
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`Dated: June 19, 2024
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`JPG LEGAL LLC
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`By /JPG/
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`Jeremy Peter Green Eche
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`(N.Y. Bar No. 5334321)
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`docket@jpglegal.com
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`157 13th Street, Suite 111
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`Brooklyn, NY 11215
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`Telephone: (917) 268-7054
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`Attorney for Applicant
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`NFT Now Media, Inc.
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`CERTIFICATE OF SERVICE
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`The above Answer was served to Opposer’s counsel at the following email addresses, in
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`accordance with the rules of the USPTO:
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`ncook@hansonbridgett.com
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`ttabilings@hansonbridgett.com
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`Jthiele@hansonbridgett.com
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`Date: June 19, 2024
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`Signed,
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`/JPG/
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`Jeremy Peter Green Eche
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`JPG Legal LLC
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`Attorney for Applicant
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