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`
`IN THE UNITED STATES PATENT AND TRADEMRRK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`U.S. Patent & TMOYCITM Mail Rcpt. D1. #57
`MWWWWWMMWW
`03-27-2002
`
`Cancellation No. 31622
`
`REPONDENT’S MOTION TO SUSPEND
`
`PENDING CANCELLATION PROCEEDING
`
`:
`
`. :
`
`GERALD GOLDFADEN
`
`Petitioner,
`
`v.
`
`MISS WORLD (JERSEY) LIMITED
`
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`
`Respondent
`
`i —1 1 1 i : — j : i : :: 1 : : 1:I : :1: 1 i:Z:1:
`BOX TTAB
`NO FEE
`Assistant Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Dear Sir:
`
`Registrant moves
`
`to suspend the above—captioned proceeding
`
`pending deposition of Civil Action 02-712 filed by Respondent
`
`against Petitioner in the U.S. District Court for the District of
`
`New Jersey.
`
`Petitioner has commenced a Cancellation proceeding against
`
`Respondent's MISS WORLD WIDE WEB mark, Federal Registration No.
`
`2,179,056,
`
`in the United States Patent and Trademark Office before
`
`the Trademark Trial and Appeal Board under Cancellation No. 31622.
`
`Petitioner's claim is based on a claim of likelihood of confusion
`
`

`
`
`
`with its MISS WORLD mark, Federal Registration No. 877,221.
`
`On February 19, 2002 Respondent filed a Civil Action against
`
`Petitioner in the United States District Court of New Jersey, under
`
`Civil Action No. 02-712.
`
`In the Civil Action, Respondent seeks a
`
`Declaratory Judgment as to the validity of his Federal Registration
`
`No. 2,179,056 for his MISS WORLD WIDE WEB mark issued on August 4,
`
`1998, as used in connection with entertainment
`
`in the nature of
`
`beauty contests.
`
`In the Civil Action, Respondent also seeks
`
`a
`
`Declaratory Judgment of non—infringement of Petitioner's MISS WORLD
`
`Federal Reg. No.
`
`877,221 for Respondent's MISS WORLD WIDE WEB
`
`Registration. Petitioner on August 21, 2002 filed an Answer to the
`
`District Court Complaint.
`
`Respondent contends
`
`that
`
`the pending civil action will be
`
`dispositive of the Board case, and that proceedings before the Board
`
`in the Cancellation. No.
`
`31,
`
`622, which are only in the early
`
`discovery
`
`period
`
`stage,
`
`should
`
`be
`
`suspended
`
`pending
`
`final
`
`disposition of Civil Action No. 02-712, pursuant to Trademark Trial
`
`and Appeal Board Manual of Procedure, Section 510.02 (a); CFR 2.117
`
`(a).
`
`

`
`
`
`The respective pleadings in this Civil Action are attached
`hereto as Exhibit A.
`
`Respectfully Submitted,
`
`Ingber
`Mark J.
`181 Millburn Avenue—Suite 202
`
`Millburn, New Jersey 07041
`Attorney for Respondent
`
`DATED:
`
`August 27, 2002
`Millburn, New Jersey
`
`PROOF OF SERVICE
`
`(1) The
`The person whose signature appears below confirms that
`Motion to Suspend Pending Cancellation Proceeding has been served
`upon the other party as
`follows: by transmitting a copy of
`the
`document by first class mail
`to Patricia Hatry, Esq. of Davis &
`Gilbert, LLP, 1740 Broadway, New York, New York 10019 Attorneys for
`Petitioner, which mailing was made on August
`, 2002.
`
`DATED: August 27, 2002
`
`\3_,,_/j
`If I
`
`nne B oadway
`
`7 (
`
`///L‘
`
`“Express Mail Certificate” mailing label number: EU450653301US
`Date of Deposit: August 27,2002
`I deposited this
`I hereby certify that on the date indicated above,
`paper in triplicate with the United States Postal Service and that
`it was addressed for delivery to the Assistant Commissioner
`for
`Trademarks, 2900 Crystal Drive, Arlington, Va 22202—35l3 by “Express
`Mail Post Office to Addressee” Service.
`
`BY:‘
`
`Mark
`
`.
`
`In ber
`
`

`
`
`
`LAW OFFICES OF MARK J.
`
`INGBER
`
`Mark J. Ingber
`
`(MI—9098)
`
`181 Millburn Avenue, Suite 202
`
`Millburn, New Jersey 07041
`(973) 921-0030
`Attorneys for Plaintiff
`
`,
`,7
`
`if
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
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`
`GERALD L. GOLDFADEN
`
`Plaintiff,
`
`V.
`
`MISS WORLD (JERSEY) LIMITED
`
`Defendant
`
`
`
`:
`
`:
`
`:
`
`CIVIL ACTION NO.
`
`.fi5 —— :7/;2
`Cj;77§ 5lV'.)
`'
`
`COMPLAINT FOR
`
`DECLARATORY JUDGMENT
`
`COMPLAINT
`
`Plaintiff GERALJDL. GOLDFADEN (hereinafter‘“Plaintiff”) through
`
`his attorneys,
`
`complaining of Defendant, MISS WORLD
`
`(JERSEY)
`
`LIMITED (hereinafter “Defendant”)
`
`alleges as follows:
`
`(Exhibit A)
`
`

`
`
`
`THE PARTIES
`
`Plaintiff Gerald L. Goldfaden is a citizen of New Jersey.
`
`Upon
`
`information and belief, Defendant
`
`is a United
`
`Kingdom Corporation having
`
`its principal place
`
`of
`
`business at 21 Golden Square, London, and doing business
`
`within this district in the State of New Jersey.
`
`NATURE OF ACTION
`
`This cause of action arises under the trademark laws of
`
`the United States and involves an actual controversy
`
`between the Plaintiff and the Defendant.
`
`Plaintiff seeks a Declaratory Judgment as to the validity
`
`of his Federal Registration No.2,l79,056 for the mark
`
`\
`MISS WORLD WIDE WEB issued on August 4, 1998, as used in
`
`connection with entertainment
`
`in the nature of beauty
`
`contests (hereinafter “Plaintiff's MISS WORLD WIDE WEB
`
`Registration”).
`
`Plaintiff also seeks
`
`a Declaratory’
`
`Judgment of Non~
`
`Infringment
`
`of Defendant's
`
`Federal Registration
`
`No.877,22l
`
`for
`
`its mark
`
`MISS WORLD
`
`(hereinafter
`
`“Defendant's Registration”) by virtue of Plaintiff's MISS
`
`WORLD WIDE WEB Registration.
`
`

`
`SUBJECT MATTER JURISDICTION
`
`Jurisdiction is founded upon the United States Code, 28
`
`U.S.C. Section 1331 relating to the adjudication of a law
`
`of
`
`the United States, specifically,
`
`15 U.S.C 1114 and"
`
`ll2l.
`
`Jurisdiction is also founded upon the United States Code,
`
`28 U.S.C. Section 1332(a), diversity of citizenship
`
`because Plaintiff is a citizen of a foreign state and
`
`the matter in controversy exceeds the sum of $75,000,
`
`exclusive of interest and costs.
`
`This cause of action is for a declaratory judgment of
`
`Plaintiff's asserted trademark rights,
`
`and of
`
`non-
`
`infringement and is founded upon the United States Code,
`
`28 U.S.C. Section 2201.
`
`VENUE
`
`Venue is properly laid in this District Court of New
`
`Jersey pursuant to 28 U.S.C. 1391 and 1400(a),because the
`
`claim arose in this District and because each of
`
`the
`
`parties does business and has significant contacts in
`
`this district.
`
`LA.)
`
`

`
`
`
`CAUSE OF ACTION
`
`10.
`
`Plaintiff has been using his MISS WORLD WIDE WEB
`
`Registration in the interstate commerce since at least as
`
`early as April 22, 1998 and has continued such usage up
`
`to the present.
`
`11.
`
`Prior to commencing usage of his MISS WORLD WIDE WEB
`
`Registration, Plaintiff on May 17, 1996 filed an Intent
`
`to Use application with the United States Patent and
`
`Trademark Office.
`
`12.
`
`Upon receipt of Plaintiff's trademark application,
`
`the
`
`United States Patent and Trademark Office referred the
`
`application to its Examiner in charge of the registration
`
`of marks, pursuant to section 12(a) of the Trademark Act
`
`of 1946.
`
`13.
`
`The Examiner then reviewed Plaintiff's said mark and all
`
`similar marks then in use as the same appeared in the
`
`Principal Register, or in pending applications.
`
`14.
`
`The purpose of such examination is to determine whether
`
`an applicant's mark so resembles that of another as to be
`
`likely to
`
`cause
`
`confusion
`
`or mistake
`
`or
`
`deceive
`
`purchasers, ultimately to determine whether‘
`
`the mark
`
`applied for may properly be registered.
`
`4
`
`

`
`
`
`15.
`
`The Examiner, after having completed his examination,
`
`found the Plaintiff's mark, as applied to his services,
`
`not to be confusingly similar to any then registered or
`
`pending mark.
`
`16.
`
`On February 18,
`
`1997,
`
`the United States Patent
`
`and
`
`Trademark Office, pursuant
`
`to section 12(a)
`
`of
`
`the
`
`Trademark Act of 1946, caused the service mark for which
`
`the Plaintiff had made application to be published in the
`
`Official Gazette.
`
`The purpose of such publication is to
`
`permit opposition by any person who believes he would be
`
`damaged by registration of such a mark.
`
`l7.
`
`l9.
`
`Defendant did not object to or«oppose Plaintiff's service
`
`mark application, although it had the opportunity to do
`
`so under the Trademark Act of 1946.
`
`Plaintiff's mark.was unopposed, and Plaintiff's statement
`
`of use was accepted by the United States Patent and
`
`Trademark Office on June 8, 1998. On August 4, 1998 the
`
`United States Patent and Trademark Office issued to the
`
`Plaintiff Registration No.2,179,056 for Plaintiff's MISS
`
`WORLD WIDE WEB Registration.
`
`20.
`
`An actual
`
`controversy exists between Plaintiff and
`
`Defendant in that Defendant has alleged that Plaintiff's
`
`U1
`
`

`
`MISS WORLD WIDE WEB Registration is an infringement of
`
`Defendant's Registration,
`
`is damaging"
`
`to and. dilutes
`
`Defendant's Registration and invites other parties to use
`
`similarly confusing marks.
`
`21.
`
`In
`
`addition,
`
`an actual
`
`controversy exists
`
`between
`
`Plaintiff and Defendant
`
`in that
`
`the Defendant alleges
`
`that Plaintiff's MISS WORLD WIDE WEB REGISTRATION is
`
`invalid and of no force and effect as,
`
`it is likely to
`
`cause confusion with Defendant's Registration.
`
`22. Plaintiff has commenced a Cancellation.proceeding against
`
`Plaintiff's MISS WORLD WIDE WEB Registration in the
`
`United States Patent and Trademark Office before the
`
`Trademark Trial'and Appeal Board under Cancellation No.
`
`31622.
`
`23. Defendant has asserted its claims and made its allegation
`
`even though Defendant's Registration has been judicially
`
`declared to be a weak mark in a crowded field beauty
`
`pageant industry, where each member of the crowd is weak
`
`in its ability to prevent use by others in the crowd.
`
`WHEREFORE, Plaintiff prays for a Declaratory Judgment and
`
`Decree as follows:
`
`

`
`
`
`A.
`
`That the Court declare the rights and legal
`
`relations of the Plaintiff and Defendant as to the controversy
`
`herein set forth in order that such declaration shall have the
`
`force and effect of a final judgment or decree.
`
`B.
`
`Declaring that Plaintiff's MISS WORLD WIDE WEB
`
`Registration is valid and use of Plaintiff's Registration in
`
`connection with entertainment
`
`in the nature
`
`of beauty
`
`,contests.
`
`C.
`
`Preliminary and permanently enjoining and
`
`restraining the Defendant, its agents, servants, attorneys and
`
`employees, and others in privity with or controlled by the
`
`Defendant,
`
`from charging, asserting, or threatening Plaintiff
`
`or any of Plaintiff's customers with the prosecution of any
`
`action based upon Plaintiff's use of Plaintiff's MISS WORLD
`
`WIDE WEB Registration, or from bringing suit or threatening to
`
`do so against any actual or potential customers of Plaintiff,
`
`and from advising any customers of Plaintiff of any alleged
`
`infringements with respect to the Plaintiff's MISS WORLD WIDE
`
`WEB Registration.
`
`D.
`
`Preliminarily and permanently enjoining Defendant
`
`from giving any publicity to Defendant's claim or claims of
`
`infringement as described above in paragraph B;
`
`

`
`
`
`E.
`
`Awarding Plaintiff damages and profits due to the
`
`actions of the Defendant, and additionally awarding Plaintiff
`
`costs, disbursements, and reasonable attorneys‘
`
`fees;
`
`P.
`
`such other and further relief as this Court may
`
`deem just and proper.
`
`JURY DEMAND
`
`Plaintiff hereby demands a trial by jury as to all issues so
`
`triable.
`
`LAW OFFICES OF MARK J.
`
`INGBER
`
`DATED:
`
`February 15, 2002
`
`BY:
`
`GOLDFADEN MISS WORLD COMPLAIN'l‘.wpd
`
`
`
`/%
`
`er (MJI 9098)
`181 Mill urn Avenue,
`Suite 202
`Millburn, NJ 07041
`(973) 921-0080
`Attorneys for Plantiff
`GERALD L. GOLDFADEN
`
`

`
`
`
`, The J$—44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required
`by law, except as provided by local rules of court. This tonn. approved by the Judicial Conference of the United States in September 1974, is required for the use
`of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`
`I. (a) PLAINTIFFS
`
`/;€_/L7/4L_Q
`
`él3LD F406’/v
`
`(b) COUNTY oF RESIDENCE OF FlRsT LISTED PLAINTIFF
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`DEFENDANTS
`
`A7135 5V3,/.?_l/O C‘5't;'~4SL=‘/) Cjl.’/~r1‘7c;'1.)
`
`5 Ex
`
`COUNTY OF RESIDENCE OF FIRST IJSTED DEFENDANT
`
`NOTE:
`
`(IN US. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
`TRACT OF LAND INVOLVED.
`
`(C) ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER)
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`rPLAcEAN ‘x'rN oNE Box ONLY)
`Ill. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN "x" IN ONE Box Foa i=LAlNnl=F
`(For Diversity Cases Only)
`AND ONE BOX FOR DEFENDANT)
`PTF DEF
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`ATTORNEY (IF KNOWN)
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`loo/9
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`PTF DEF
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`
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`Citizen or Subject of a Cl 3
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`IV. CAUSE F ACTION (Cl'l'E THE U.s. clviL STATUTE UNDER WHICH YOU ARE FILING AND wRrTE BRIEF STATEMENT OF cAUsE.
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`El 4 Diversity
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`V
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`PERSONAL PROPERTV
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`C] 311 Truth In Lending
`[3 380 Other Personal
`Pir-iaeny Damage
`CI 385 Proiaeny Damage
`PIG‘-‘UCI U3DIIITY
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`REAL PROPERTY
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`CIVIL RIGHTS
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`PRISONER PETITIONS
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`G 210 Land Condemnation
`C] 230 Rent Lease at Eiectment
`D 240 Tons to Land
`cl 245 Tort Product Liability
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`CI 550 Other
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`V. NATURE OF SUIT
`(PLACE AN "X" IN ONE BOX ONLY)
`CONTRACT
`FORFEITURE/PENALTY
`BANKRUPTCY
`OTHER STATUTES
`
`:1 110 Insurance
`PER3°"“"- '”"”“Y
`PERS°"“L ‘"'"’"V
`D eto Agriculture
`Cl 422 Appeal 2a Usc 155
`D we state Reapportionment
`Cl 120 Marine
`CI 310 Airplane
`E] 362 Personal Injury —
`D 620 Other Food at Drug
`[J 410 Antltnlst
`I3 130 Miller Act
`:1 315 Alrplane Product
`Med. Malpractlce
`:1 625 Drug Related seizure
`cl no Banks and Banking
`[I 140 Negotiable Instrument
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`[3 335 Personal Initrry —
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`:1 450 commerce/icc Rates/etc.
`C] 150 Recovery oloverpayment
`I] 320 Assault. Llbel &
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`E] 630 Liquor Laws
`[1 £80 Deportation
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`:1 540 RR &Truck
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`:1 151 Medicare Act
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`D 690 other
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`in 130 Stockholders‘ suits
`I3 355 Motor vertlcle
`D est Agrlcultural Acts
`[3 190 Otrleicontract
`PVOOUCI UGDIIITY
`E] 892 Economic Stabilization Act
`I] 195 C0fl1l3ClF'|'OdUClLIabIIIlY
`CI 380 Other Personal Iniury
`[1 893 Environmental Matters
`U 894 Energy Allocation Act
`D 395 F“-‘e°°'" °I
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`C955 0 "5 ‘C8
`[I 900 Gpgealeof I-:eAcDetern‘1Inj1tlc:n
`FEDERAL TAX SUITS C} 950 Constitutionality of
`CI 510 Taxes (U.S. Plalntm
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`I: 390 Other Statutory Actions
`[:1 871 IRS — Third Party
`26 U50 7609
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`[3 423 Withdrawal
`28 USO 157
`
`LABOR
`El 710 Fair Labor Standards
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`(3 720 Labor/Mgmt. Relations
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`PROPER-I-Y RIGHTS
`I3 820 Copyrights
`D 830 Patent
`7040 Trademark
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`'- SOCIAL SECURITY
`III 561 HIA (1395!'f)
`[:1 862 Black Lung (923)
`[1 863 DIWC/DIWW (405(Q))
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`D 730 Labor/Mgmt. Reponlng D 555 RSI (405(9)I
`El no Rallwa Labor Act
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`C] 791 Empl, Hat. inc,
`Security Act
`
`
`
`
`
`
`
`

`
`
`
`Matthew P. O'Malley (MP07212)
`TOMPKINS, McGUIRE, WACHENFELD & BARRY LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, New Jersey 07102-4070
`(973) 622-3000
`
`DAVIS & GILBERT LLP
`
`1740 Broadway
`New York, New York 10019
`(212) 468-4800
`
`- Attorneys for Defendant Miss World Limited
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT or NEW JERSEY
`
`Civil Action No. 02-712(JAG)
`
`GERALD L. GOLDFADEN,
`
`-V_
`
`Plaintiff, I
`
`MISS WORLD (Jersey) LIMITED,
`
`Defendant.
`
`
`glib}.
`1
`~___,_ ,.
`
`ANSWER AND COUNTERCLAIM
`
`Miss World Limited, sued herein as Miss World (Jersey) Limited, through its
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`attorneys, by way of Answer to the Complaint of plaintiff says:
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`allegations.
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`1.
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`2.
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`3.
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`4.
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`Admits.
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`Denies that it is a United Kingdom corporation but otherwise admits the
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`Admits.
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`Admits except denies knowledge or information sufficient to form a belief
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`as to plaintiffs alleged use of his claimed mark.
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`5.
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`6.
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`7.
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`8.
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`counterclaim.
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`Admits.
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`Admits.
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`Admits.
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`Admits and further alleges that jurisdiction is founded on the
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`9.
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`Denies significant contacts in New Jersey.
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`10.
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`Denies.
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`"
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`11.
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`Admits.
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`12.
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`Admits.
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`13.
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`Denies.
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`14.
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`Admit that the cursory examination of the Examiner is to make a threshold
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`determination as to whether a mark applied for may properly be registered but as to the presence
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`of conflicting marks, the Examiner does not conduct the thorough search that is regularly
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`conducted by independent search companies.
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`15.
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`Admits that the Examiner passed plaintiffs mark to publication for the
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`purpose of opposition by any other entity.
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`16.
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`Admits.
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`17.
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`Admits.
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`18.
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`(Missing from complaint)
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`19.
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`Admits.
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`20.
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`Admits.
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`21 .
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`Admits.
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`22.
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`Admits.
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`23.
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`Denies
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`WHEREFORE, defendant requests that the Court enter judgment dismissing
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`plaintiffs Complaint with prejudice and awarding defendant attorneys‘ fees, costs, and such other
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`and further relief as the Court deems just.
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`SEPARATE DEFENSES
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`FIRST SEPARATE DEFENSE
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`Plaintiffs Complaint fails to set forth a claim upon which relief may be granted.
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`SECOND SEPARATE DEFENSE
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`Plaintiffs claims fail for lack of good faith.
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`THIRD SEPARATE DEFENSE
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`Plaintiff lacks standing to bring this action.
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`FOURTH SEPARATE DEFENSE
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`Defendant reserves its right to amend and augment its Separate Defenses as
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`additional facts are adduced through the discovery process.
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`COUNTERCLAIM
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`Counterclaimant Miss World Limited believes that it will be damaged by
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`continued registration of the mark shown in Reg. No. 2179056, and pursuant to Section 14(3) of
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`the Lanham Act, 15 U.S.C. Section, 1064(3), hereby petitions adverse to Gerald L. Goldfaden,
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`counterclaim defendant, to cancel said registration as well as counterclaim defendant's domain
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`registration of MISSWORLD.com on the following grounds:
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`1.
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`Counterclaimant is a corporation of the Jersey Isles with a place of
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`business in London, England.
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`2.
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`Counterclaimant is the owner of U.S. Patent and Trademark Office
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`registration covering the mark MISS WORLD for entertainment services —namely, conducting of
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`beauty competitions. Said registration No. 877,221 issued September 16, 1969 is valid,
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`subsisting and incontestible. Counterclaimant also owns MISS WORLD registrations in some
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`75 other countries throughout the world.
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`3.
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`Counterclaimant has continuously used MISS WORLD since 1951 to
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`identify its company and its beauty and talent competitions.
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`4.
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`Through related activities under its same mark and name, counterclaimant
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`, has raised substantial monies for charities.
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`5.
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`Counterclaim defendant, knowing of the counterclaimant and its
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`worldwide fame, on August 4, 1998, secured the above-identified registration MISS WORLD
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`WIDE WEB with all words disclaimed except for "MISS" for entertainment in the nature of
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`beauty contests.
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`6.
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`Counterclaim defendant, knowing of the counterclaimant and its
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`worldwide fame, registered MISSWORLD.com on the Internet as well as other domain names
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`including but not limited to MSWWW.com, MISSNUDENET.com, MISSNUDEWEB.com,
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`MISS NUDE ACT and MISSNUDEINTERNET.com. Counterclaim defendant also secured
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`Federal registrations of MISS NUDE INTERNET, Reg. No. 2301347 issued 12/21/99, and MISS
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`NUDE NET, Reg. No. 2247975 issued 5/25/99, each for the same service, namely, entertainment
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`in the nature of beauty contests.
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`7.
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`Counterclaim defendant's MISS WORLD WIDE WEB and
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`MISSWORLD.com are confusingly similar to counterclaimant's world famous MISS WORLD,
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`are prima facie evidence of a right to use same for identical services, and are an invitation to
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`others to use the same or similarly confusing names and marks.
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`8.
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`Use by counterclaim defendant of its MISS WORLD WIDE WEB and/or
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`MISSWORLD.com for beauty competitions would cause the public to believe that counterclaim
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`defendant is associated with counterclaimant, would damage counterc1airnant's reputation, dilute
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`counterclaimant's famous mark and detract from its ability to conduct its beauty and talent
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`competitions and its charitable endeavors.
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`9.
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`By reason of the aforesaid premises, the continued existence of U.S.
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`Patent and Trademark Office Registration No. 2179056 and domain registration of
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`MISSWORLD.com would damage counterclaimant.
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`WHEREFORE, counterclaimant requests that the Court enter judgment in favor
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`of counterclaimant ordering the cancellation of U.S. Patent and Trademark Office Registration
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`No. 2179056 and the domain registration of MISS WORLD.COM, and awarding such other and
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`further relief as the Court may deem just.
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`Respectfully submitted,
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`Dated: August 20, 2002
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`atthew P. O‘I\/lalley (MPO7212)
`/ TOMPKINS, MCGUIRE, WACHENFELD &
`~\___1.3.A.11.13LkI:P
`Four Gateway Center
`100 Mullberry Street
`Newark, New Jersey 07102
`(973) 622-3000
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`Patricia Hatry
`Davis & Gilbert LLP
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`1740 Broadway
`New York, New York 10019
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`(212)468-4800
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`Attorneys for Defendantl
`Counterclaimant Miss World Limited.
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`CERTIFICATION PURSUANT TO LOCAL RULE 11.2
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`Pursuant to Local Rule 11.2, the undersigned counsel for defendant/counterclaimant
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`hereby certifies that, to counse1’s current knowledge, the matter in controversy is not
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`currently the subject of any action pending in any court, or any pending arbitration or
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`administrative proceeding.
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`Dated: August 20, 2002
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`/
`MatthewP.
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`a11e‘y§\4PO7212)
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`Matthew P. O'Malley (MP07212)
`TOMPKINS, McGUIRE, WACHENFELD & BARRY LLP
`Four Gateway Center
`100 Mulberry Street
`Newark, New Jersey 07102-4070
`(973) 622-3000
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`DAVIS & GILBERT LLP
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`1740 Broadway
`New York, New York 10019
`(212) 468-4800
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`Attorneys for Defendant Miss World Limited
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT or NEW JERSEY
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`Civil Action No. 02-712(JAG)
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`____________——
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`GERALD L. GOLDFADEN,
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`-V-
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`Plaintiff,
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`MISS WORLD (Jersey) LIMITED,
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`___________________________________ --
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`CERTIFICATION OF SERVICE
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`1, Matthew P. O’Malley, of full age, hereby certify and say:
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`1.
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`I am an attomey-at-law licensed to practice before this Court and am
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`a partner at Tompkins, McGuire, Wachenfeld & Barry, LLP, Four
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`Gateway Center, 100 Mulberry Street, Newark, New Jersey 07102,
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`local counsel for defendant herein, with lead counsel being Davis &
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`Gilbert LLP of New York, New York.
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`

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`2.
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`Today, August 20, 2002, I forwarded, via UPS Overnight, the original
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`and five (5) copies of defendant’s Answer and Counterclaim to the
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`Clerk, United States District Court, District of New Jersey, Newark
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`for the purpose of filing.
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`3.
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`Today, August 20, 2002, I forwarded, via UPS Overnight, two (2)
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`copies of defendant’s Answer and Counterclaim to adversary counsel
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`Mark J. Ingber, Esq. at the Law Offices of Mark J. Ingber, 181
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`Millbum Avenue, Suite 202, Millbum, N.J. 07041.
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`I certify that the foregoing statements made by me are true. If any of the
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`foregoing statements made by me are willfully false, I am subject to
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`punishment.
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`Dated: August 20, 2002