BULKY DOCUMENTS
`(Exceeds 300 pages)
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`Proceeding] Serial No: 92046734
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`Filed: 4-27-09
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`Title: p1’s notice of reliance exhibits 54-57
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`Part 1 of 1
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`Processed by Curtis Puryear
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`=‘92046734
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`4/27/2009
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`PL’S NOTICE OF RELIANCE
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`EXHIBITS 57
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`CONFIDENTIAL
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`DOCUMENT
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`FILED UNDER
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`SEAL
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`FOR TTAB VIEWING ONLY
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`JOHN PLAYER & SONS LIMITED
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`petitioner,
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`v.
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`TOP TOBACCO, L.P.,
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`Respondent.
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`)
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`)
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`)
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`Cancellation No. 92046734
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`Registration No. 2,466,864
`For the mark: AMPHORA
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`PETITIONER’S AMENDED SUPPLENIENTAL RESPONSES AND OBJECTIONS TO
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`RESPONDENT’S FIRST SET OF INTERROGATORIES
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`Petitioner, John Player & Sons Limited (hereinafter “John Player & Sons”), in accordance
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`with the Board’s June 4, 2008 discovery order, hereby provides supplemental responses to
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`Respondent’s Set of Interrogatories pursuant to Fed R. Civ. P. 33 and TBMP § 405.04 as follows:
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`GENERAL OBJECTIONS
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`The following General Objections are incorporated by reference in John Player & Sons’
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`response to each and every Interrogatory below.
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`The specific responses set forth below are for the purposes of discovery only and
`A.
`John Player & Sons neither waives nor intends to waive any and all objections it may have to the
`relevance, competence, materiality, admission, admissibility or use at trial of any information,
`documents, things, or writing produced, identified or referred to herein, or to the introduction of any
`evidence at trial relating to the subjects covered by such response.
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`John Player & Sons expressly reserves its right to rely, at any time including trial,
`B.
`upon subsequently discovered documents and/or things or information as well as information omitted
`from the specific responses set forth below as a result of mistake, oversight or inadvertences.
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`The specific responses set forth below are based upon John Player & Sons’
`C.
`interpretation of the language in the Interrogatories and John Player & Sons reserves the right to
`amend or to supplement its responses in the event Respondent asserts an interpretation that differs
`from John Player & Sons’ interpretation.
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`By making these responses John Player & Sons does not concede that it is in
`D.
`possession of any documents, things, or information responsive to any particular lnterrogatory or that
`any response given or document or thing produced is relevant to this action.
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`John Player & Sons’ failure to object to a particular Interrogatory or willingness to
`B.
`provide responsive documents, things, or information pursuant to an Interrogatory is not, and shall
`not be construed as, an admission of the relevance, or admissibility into evidence, of any such
`document, thing, or information, nor does it constitute a representation that any such document,
`thing, or information in fact exists.
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`Because John Player & Sons may not have discovered all the information, documents
`F.
`or things that are possibly within the scope of the Interrogatory, John Player & Sons expressly
`reserves its right to amend or to supplement these Responses and Objections with any additional
`information, documents or things that emerge through discovery or otherwise.
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`John Player & Sons objects to the lnterrogatories to the extent that they request
`G.
`documents, things, or information protected from disclosure by the attorney-client privilege, the
`attorney work product doctrine, thejoint defense privilege or any other applicable privilege or
`immunity. John Player & Sons responds to the Interrogatories on the condition that the inadvertent
`response or production of information, documents or things covered by such privilege, rule, doctrine
`or immunity does not waive John Player & Sons’ right to assert such privilege, rule, doctrine or
`immunity and the John Player & Sons may withdraw any such response, document or thing
`inadvertently made as soon as it is identified.
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`John Player & Sons objects to the Interrogatories to the extent that they seek
`H.
`proprietary, sensitive, or confidential information or information made confidential by law or any
`agreement or that reflects trade secrets. John Player & Sons responds to the lnterrogatories on the
`condition that the inadvertent responses or production of or regarding any proprietary, sensitive, or
`confidential information, document or thing does not waive any of John Player & Sons’ rights and
`that John Player & Sons may withdraw any such response, document or thing inadvertently made as
`soon as identified and that Respondent will return any such document or thing produced or made
`available for inspection.
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`John Player & Sons objects to the Interrogatories to the extent that they seek
`I.
`information, documents or things that are not relevant to the subject matter of this action or
`reasonably calculated to lead to the discovery of admissible evidence.
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`John Player & Sons objects to the Interrogatories to the extent that they are vague,
`J.
`ambiguous and overbroad and therefore not susceptible to a response as propounded.
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`John Player & Sons objects to the Interrogatories to the extent that they exceed the
`K.
`requirements of the Federal Rules of Civil Procedure or the Trademark Rules of Practice.
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`John Player & Sons objects to the Interrogatories to the extent that they require John
`L.
`Player & Sons to undertake any investigation to ascertain information or locate documents or things
`not presently within its possession, custody or control on the grounds of undue burden and because
`information, documents and/or things from other sources are equally available to Respondent.
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`John Player & Sons objects to these Interrogatories to the extent that they require
`M.
`John Player & Sons to undertake such an extensive review that such Interrogatories are unduly
`burdensome and harassing.
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`John Player & Sons objects to the Interrogatories or non—use the extent that they are
`N.
`not limited to use and registration of the mark in issue in the United States.
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`John Player & Sons objects to the Interrogatories to the extent they seek information
`0.
`regarding Petitioner’s use, non—use, or intended use or intended non-use of the AMPHORA mark as
`such information is irrelevant to the claims of abandonment that form the basis of this cancellation
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`proceeding.
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`OBJECTIONS TO INSTRUCTIONS AND DEFINITIONS
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`The following Objections to Instructions and Definitions are incorporated by reference in
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`John Player & Sons’ response to each and every Interrogatory below.
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`John Player & Sons objects to Instruction number 5 as being unduly burdensome.
`A.
`Objections of privilege will be made expressly as required by Fed. R. Civ. P. 26 and privileged
`documents will be reasonably described so as to enable Respondent to assess the claim of privilege
`or protection.
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`RESPONSES
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`1.
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`State the full name of Petitioner as well as the full name of all of its respective
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`affiliated and/or controlled businesses, companies, and other entities and each of their predecessors-
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`in-interest, and for each,
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`identify its principal(s) and,
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`if applicable,
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`its state and country of
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`organization.
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`RESPONSE:
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`In addition to the foregoing general objections, John Player & Sons objects to this
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`interrogatory as vague and overbroad in that
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`it
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`is not clear what
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`is
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`intended by the term
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`“principal(s)”. Furthermore,
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`the interrogatory is unduly burdensome in seeking the names and
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`addresses of “principal(s)” of Petitioner and of each of its related companies and predecessors in
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`interest as this request would encompass individuals with no knowledge of the involved activities.
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`Subject to its objections, John Player & Sons responds as follows:
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`John Player & Sons Limited.
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`John Player & Sons has one subsidiary: John Player Ireland Pension Trustee Limited. John Player &
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`Sons does not control any other entity. Both John Player & Sons and its subsidiary are companies
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`308LT:20382:68586: l :ALEXANDRlA
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`i
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`organized under the laws of Ireland.
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`2.
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`State the full name of each business, company, person, or other entity affiliated with
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`Petitioner that has at any time used an AMPHORA designation in connection with tobacco
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`or any other product(s), and for each, identify its principal(s) and, if applicable, its state and
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`country of organization.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States. John Player &
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`Sons further objects on the grounds that the interrogatory is vague and ambiguous and overly broad
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`and seeks confidential information in its use of “affiliated with”, which conceivably includes the
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`customers of John Player & Sons, which information is proprietary, sensitive, or confidential or
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`contains trade secrets.
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`Without waiving the foregoing objections John Player & Sons states that there are no entities
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`affiliated with it that have at any time in the past used an AMPHORA designation in connection with
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`tobacco or any other product in the United States.
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`3.
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`Identify all third parties of which Petitioner is aware that have used or currently
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`use an AMPHORA designation and with respect to each:
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`(a)
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`(b)
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`(c)
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`(d)
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`state their name;
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`state their present or last known address and place of incorporation (if
`applicable);
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`identify each particular designation(s) used; and
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`identify all documents relating thereto.
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`RESPONSE:
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`In addition to the foregoing general objections, John Player & Sons specifically
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`objects to this Interrogatory on the ground that John Player & Sons’ knowledge of third party use of
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`an AMPHORA designation is not relevant, nor is the interrogatory reasonably calculated to lead to
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`the discovery of evidence admissible in this cancellation proceeding.
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`4.
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`Identify each AMPHORA designation or any other designation that is visually or
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`phonetically similar thereto, used or owned at any time by Petitioner or any of the entities identified in
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`response to Interrogatory Nos. 1, 2 or 3 above, and, with respect to each such designation, identify
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`the designation, the goods used therewith, and the inclusive dates of use thereof.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States.
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`Without waiving the foregoing objections, John Player & Sons states that there have been no
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`past uses of any AMPHORA designation in the United States and, therefore, there are no
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`designations to identify in response to this Interrogatory.
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`5.
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`Identify each transaction by which Petitioner claims that any right (including
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`permission to use or other license) in an AMPHORA designation have passed to Petitioner, including
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`setting forth the date of each such transaction and identifying the parties to the transaction and all
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`documents related thereto.
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`SUPPLEMENTAL RESPONSE:
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`John Players & Sons objects to this interrogatory on the basis
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`that the information sought is not relevant to this cancellation proceeding, nor is the interrogatory
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`reasonably calculated to lead to the discovery of admissible evidence because the grounds for the
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`cancellation proceeding are not based on any particular transaction or transfer of rights to John Player
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`& Sons.
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`Without waiving the foregoing objections, John Player & Sons states that there are no
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`transactions to identify in response to this Interrogatory.
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`6.
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`Identify by common commercial name each product that Petitioner markets, distributes,
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`sells, or offers for sale, under or in connection with an AMPHORA designation, and with respect to
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`each such product:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`(D
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`(g)
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`set forth the actual geographic scope of such use;
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`set forth the annual actual volume of sales of the product in both dollars and
`units per year;
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`set forth the unit sizes in which the product is sold;
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`identify each class or expected class of purchasers of the product;
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`describe the channels of trade by which the product reaches
`the ultimate user ofsuch goods;
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`state all types of stores or forums in which the products
`are offered or sold; and
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`identify the persons most knowledgeable of such use, as
`well as all documents relating thereto.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States. John Player &
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`Sons objects to this interrogatory on the grounds that it seeks confidential and proprietary
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`information.
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`Without waiving the foregoing objections, John Player & Sons states that it does not have
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`any products that are currently marketed, distributed, sold, or offered for sale, under or in connection
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`with an AMPHORA designation in the United States.
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`7.
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`Identify every promotional effort, advertisement, commercial, catalogue,
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`and/or promotional piece by which each product identified in response to Interrogatory No. 6 is
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`advertised and promoted, and the associated expenditure for each such ad (including production and
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`media buys).
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States..
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`Without waiving the foregoing objections, John Player & Sons states that there are no
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`products identified in response to Interrogatory number 6 and, therefore, there is nothing to identify
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`in response to this Interrogatory.
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`8.
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`Identify every trade show at which each product identified in response to
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`Interrogatory No. 6 has been advertised and/or promoted.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States.
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`Without waiving the foregoing objections, John Player & Sons states that states that there are
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`no products identified in response to Interrogatory number 6 and, therefore, there is nothing to
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`identify in response to this Interrogatory.
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`9.
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`Identify by common commercial name each product that Petitioner intends to use,
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`market, distribute, sell, or offer for sale, under or in connection with an AMPHORA designation, and
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`with respect to each such product:
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`(a)
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`set forth the anticipated geographic scope of such use;
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`(b)
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`set forth the annual anticipated volume of sales of the product in
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`both dollars and units per year;
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`(c)
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`(d)
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`set forth the unit sizes in which the product will be sold;
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`identify each expected class of purchasers of the product;
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`(e)
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`(f)
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`(g)
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`describe anticipated channels of trade by which the product will reach
`the ultimate user of such goods;
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`state all types of stores or forums in which the products will be
`offered or sold; and
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`identify the persons most knowledgeable of such planned use, as well as
`all documents relating thereto.
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`SUPPLEMENTAL RESPONSE (CONFIDENTIAL — ATTORNEYS EYES ONLY):
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`In
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`addition to the foregoing general objections, John Player & Sons specifically objects to this
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`Interrogatory on the grounds that it is overbroad in scope because it is not limited to John Player &
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`Sons’ sale or intent to sell within the United States. John Player & Sons objects to this interrogatory
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`on the grounds that it seeks confidential and proprietary information. Subject to its objections, John
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`Player & Sons refers to Application Serial No. 77/050,070.
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`In further response, and without waiving the foregoing objections, John Player & Sons states
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`that it intends to market, distribute, sell, and offer for sale pipe tobacco, smoking tobacco, cigarettes,
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`snuff /snus, chewing tobacco, cigars, papers, tubes, and smokers’ articles under or in connection with
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`an AMPHORA designation, including Aroma Rich Aroma, Amphora Full Aroma, Amphora Original
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`Blend, Amphora Mellow Blend. For such products, John Player & Sons: (a) intends to sell
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`throughout the US; (b) the sales volume is to be defined once the trademark rights have been
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`confirmed; (c) the products will be offered in standard unit sizes (e.g., 50g pouches); (cl) it is
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`anticipated that there will be a consumer base within the smoking community who will be interested
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`in these quality products; (e) product is likely to be sold through the Logista specialist tobacco trade
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`channels possibly utilizing John Player & Sons’ Altadis cigar sales and marketing structure; (f)
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`product is likely to be sold at least through stores; (g) the person most knowledgeable regarding the
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`planned use is Mr. Tim Jones, Marketing Director Commonwealth Brands (Bowling Green,
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`Kentucky).
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`10.
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`Identify every promotional
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`effort, advertisement, commercial, catalogue, and/or
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`promotional piece by which each product identified in response to Interrogatory No. 9 will be
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`advertised and promoted, and the anticipated associated expenditure for each such ad (including
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`production and media buys).
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`SUPPLEMENTAL RESPONSE (CONFIDENTIAL — ATTORNEYS EYES ONLY):
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`In
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`addition to the foregoing general objections, John Player & Sons specifically objects to this
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`Interrogatory on the grounds that it is overbroad in scope because it is not limited to John Player &
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`Sons’ sale or intent to sell within the United States. John Player & Sons further objects to this
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`interrogatory on the grounds that it seeks confidential and proprietary information.
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`Without waiving the foregoing objections, John Player & Sons states that, as stated in the
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`response to the preceding interrogatory, products are likely to be sold through the Logista specialist
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`tobacco trade channels, possibly utilizing the Altadis cigar sales and marketing structure. John
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`Player & Sons presently intends to advertise and promote its “AMPHORA” products in the U.S.
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`through in-store activity, and the expenditures are presently expected to be approximately $500,000.
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`Such activity typically consists of in—store events and promotions such as “buy 3 get one free”
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`specials. However, the actual costs of advertising and marketing activities will depend on the
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`number of locations involved in in-store activities as well as changes in market pricing, complexity
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`of advertising campaigns, and a variety of other factors. Further, marketing and advertising efforts
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`and ideas are constantly changing and being developed. John Player & Sons may engage in
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`marketing and advertising efforts other than in—store activities. John Player & Sons does not and will
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`not have final plans for its advertising and marketing of the “AMPHORA” products and has not
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`solicited and will not solicit estimated costs from vendors until it is able to establish that Top
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`Tobacco abandoned any rights it may have had in the “AMPHORA” mark.
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`11.
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`Identify every trade show at which each product identified in response to
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`lnterrogatory No. 9 will be advertised and/or promoted.
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`SUPPLEMENTAL RESPONSE (CONFIDENTIAL — ATTORNEYS EYES ONLY):
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`In
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`addition to the foregoing general objections, John Player & Sons specifically objects to this
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`Interrogatory on the grounds that it is overbroad in scope because it is not limited to John Player &
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`Sons’ sale or intent to sell within the United States. John Player & Sons further objects to this
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`interrogatory on the grounds that it seeks confidential and proprietary information.
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`Without waiving the foregoing objections, John Player & Sons states that the products are
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`likely to be featured at the tobacco trade shows — NATO and RTDA.
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`12.
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`Identify each tobacco grower and processor (including Petitioner)
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`from which
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`Petitioner has received, or intends to receive, product to be sold under the AMPHORA designation,
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`and for each, identify any written agreements, correspondence or other documentation related to such
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`supply arrangement.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States. John Player &
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`Sons further objects to this interrogatory on the grounds that it seeks confidential and proprietary
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`information.
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`Without waiving the foregoing objections John Player & Sons states that there are no growers
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`or processors to identify in response to this Interrogatory.
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`13.
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`Identify each package or label designer, advertising agency, market research
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`expert or consultant who has performed services in connection with tobacco or any other product(s)
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`planned to be promoted or sold by Petitioner under or in connection with an AMPHORA designation,
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`and, for each such entity, describe in detail the services performed and the inclusive dates of such
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`services.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States. John Player &
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`Sons objects to this interrogatory on the grounds that it seeks confidential and proprietary
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`information.
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`Without waiving the foregoing objections, John Player & Sons states that it is awaiting
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`confirmation of the trademark registration before proceeding with the listed activities and, therefore,
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`there is no one to identify in response to this Interrogatory.
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`14.
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`Identify all persons involved on behalf of Petitioner in planning the advertising,
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`marketing, promotion, distribution and sale of tobacco or any other product(s) under or in connection
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`with an AMPHORA designation.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States.
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`Without waiving the foregoing objections, John Player & Sons identifies the following
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`person as currently most involved: Mr. Tim Jones, Marketing Director Commonwealth Brands
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`(Bowling Green, Kentucky).
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`15.
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`State whether Petitioner has ever issued or published, or caused to be issued or
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`published, any press or publicity release concerning tobacco or any other product(s) promoted or planned
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`to be promoted under or in connection with an AMPHORA designation, and, if so, identify each such
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`release and all publications or other media in or through which information contained therein was
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`disseminated.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States.
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`Without waiving the foregoing objections, John Player & Sons states that it is awaiting
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`confirmation of the trademark registration before proceeding with the listed activity and, therefore,
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`there is no one to identify in response to this Interrogatory.
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`16.
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`State whether Petitioner or any entity identified in Interrogatory No. 1 or 2 has ever
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`objected to the use or registration of any other mark comprising the designation AMPHORA, and
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`if so, with respect to each such objection, identify the mark or designation to which the objection was
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`made, the user thereof, the nature of the objection, the disposition of the objection, the persons most
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`knowledgeable of the objection, and all documents relating to the objection.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States.
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`Without waiving the foregoing objections, John Player & Sons states that there have been no
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`such objections.
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`l7.
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`Identify by title, index number and tribunal each civil action or interpartes proceeding
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`in which Petitioner or any business, company or other entity identified in response to Interrogatory Nos. 1
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`or 2 has been or is involved, other than the present cancellation proceeding, that refers or relates in any
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`way to any AMPHORA designation, setting forth the disposition of each such proceeding or, if not
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`disposed of, its current status.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States.
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`Without waiving the foregoing objections, John Player & Sons states that there are no such
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`actions or proceedings to identify.
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`18.
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`Identify all agreements to which Petitioner or any business, company, or other entity
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`identified in response to Interrogatory No. 1 or 2 has been or is a party that refer or relate in any way
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`to any AMPHORA designation, including all amendments and modifications thereto, and identify the
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`persons most knowledgeable thereof and all documents relating thereto.
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`SUPPLEMENTAL RESPONSE:
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`In addition to the -foregoing general objections, John Player &
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`Sons specifically objects to this Interrogatory on the grounds that it is overbroad in scope because it
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`is not limited to John Player & Sons’ sale or intent to sell within the United States. John Player &
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`Sons objects to this interrogatory to the extent that it seeks proprietary and confidential information.
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`Without waiving the foregoing objections, John Player & Sons states that there are no such
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`agreements.
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`19.
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`Identify all
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`licensing agreements, authorizations, or any other rights granted to
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`Petitioner in connection with the AMPHORA designation for the products identified in response to
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`Interrogatory Nos. 6 and 9, and with respect to each such agreement, authorization or other right,
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`state:
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`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`(t)
`
`the names and addresses of all participating parties;
`
`all terms, including dates of commencement and
`termination and geographic scope;
`
`the nature of the rights involved;
`
`the specific designation to which Petitioner gained the
`license, authorization or any other right;
`
`any provisions related to the channels of trade through which
`such products are or may be marketed or sold; and
`
`the person(s) most knowledgeable about each such
`agreement, authorization, license or grant.
`
`-
`308LT:20382:68586:l IALEXANDRIA
`
`13
`
`

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`SUPPLEMENTAL RESPONSE:
`
`In addition to the foregoing general objections, John Player &
`
`Sons specifically objects to this Interrogatory omthe grounds that it is overbroad in scope because it
`
`is not limited to John Player & Sons’ sale or intent to sell within the United States. John Player &
`
`Sons further objects to this interrogatory on the grounds that it seeks confidential and proprietary
`
`information.
`
`Without waiving the foregoing objections, John Player & Sons states that there are no such
`
`agreements or authorizations.
`
`20.
`
`Explain the reason(s) for Petitioner's actual adoption of any AMPHORA designation
`
`for each product identified in response to Interrogatory Nos. 6 and 9 as well as the procedure
`
`followed by Petitioner in its decision to adopt each AMPHORA designation for each such product,
`
`and identify all persons who participated in each such decision as well as all documents relating
`
`thereto, including but not limited to any trademark search reports.
`
`RESPONSE:
`
`In addition to its general objections, John Player & Sons specifically objects to this
`
`interrogatory to the extent that it seeks information that is not relevant to the subject matter of this
`
`proceeding, nor is the interrogatory reasonably calculated to lead to the discovery of admissible
`
`evidence. John Player & Sons further objects to this interrogatory on the grounds that it seeks
`
`confidential and" proprietary information. John Player & Sons further objects to this interrogatory to
`
`the extent that it seeks information protected from disclosure by the attomey-client privilege, the
`
`attorney work product doctrine, the joint defense privilege or any other applicable privilege or
`
`immunity. Such information will not be provided.
`
`21.
`
`Identify each designation (other
`
`than any designation comprising the term
`
`AMPHORA) considered for use on or in connection with each product identified in response to
`
`Interrogatory Nos. 6 and 9; state whether such designation was ever used in association with any of
`
`.
`308LT:203 82:68586: I :ALEXANDRJA
`
`l4
`
`

`
`the products, explaining why or why not; and identify the persons most knowledgeable thereof and all
`documents relatingithereto.
`
`RESPONSE:
`
`In addition to the foregoing general objections, John Player & Sons specifically
`
`objects to this Interrogatory in the grounds that the information sought is not relevant to this
`
`cancellation proceeding, nor is the interrogatory reasonably calculated to lead to the discovery of
`
`admissible evidence. Moreover, John Player & Sons objects to this interrogatory on the grounds that
`it seeks information protected by the attomey-client privilege, the work product doctrine, the joint
`defense privilege or any other applicable privilege or immunity. Such information will not be
`
`provided.
`
`22.
`
`Identify the wholesale and retail price at which all products bearing an AMPHORA
`
`designation are sold, or are expected to be sold; explain the process by which this price was
`
`determined; and identify those persons who participated in all decisions regarding the setting of these
`
`prices.
`
`SUPPLEMENTAL RESPONSE (CONFIDENTIAL — ATTORNEYS EYES ONLY):
`
`In
`
`addition to the foregoing general objections, John Player & Sons specifically objects to this
`
`Interrogatory on the grounds that it is overbroad in scope because it is not limited to John Player &
`
`Sons‘ sale or intent to sell within the United States. John Player & Sons objects to this interrogatory
`
`to the extent that it seeks proprietary and confidential information.
`
`Without waiving the foregoing objections, John Player & Sons states that For pipe tobacco a
`
`50g pouch would retail at around $ 6 plus taxes. Pricing with respect to the other product categories
`
`will be defined after confirmation of trademark rights and availability of research results
`
`23.
`
`Explain Petitioner's
`
`reason(s)
`
`for
`
`filing pending application, Serial No.
`
`77/050,070, for AMPHORA, and identify all persons involved in filing the application, as well as
`
`all documents relating thereto.
`
`-
`308L'l':2D382:68586: l :ALEXANDRlA
`
`15
`
`l iI
`
`

`
`SUPPLEMENTAL RESPONSE:
`
`John Player & Sons further objects to the interrogatory on the
`
`grounds that it is vague and ambiguous in its use.of “involved”. John Player & Sons fiirther objects
`
`to this interrogatory to the extent that it seeks infonnation protected from disclosure by the attomey-
`
`client privilege, the attorney work product doctrine, the joint defense privilege or any other
`
`applicable privilege or immunity. Such information will not be provided. John Player & Sons
`
`objects to this interrogatory to the extent it seeks proprietary and confidential information. In further
`
`response and without waiving the foregoing general and specific objections, John Player & Sons
`
`states that it filed the application based on its bona fide intentto use the mark in the U.S.
`
`In further response, and without waiving the foregoing objections, John Player & Sons states
`
`that it filed its Application for registration because it intends to use the mark in the United States and
`
`wishes to have exclusive rights to use of the mark in the United States as described in response to
`
`Interrogatory number 9 and that the following persons were involved with filing the Application:
`
`Graham Bolt, Regional Director Americas, Imperial Tobacco; Jonathan Cox, General Manager
`
`Commonwealth Brands Inc. KY.
`
`24.
`
`Explain Petitione