Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA617325
`ESTTA Tracking number:
`07/23/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92056924
`Plaintiff
`Delta Air Lines, Inc.
`MARIANA PAULA NOLI
`LADAS & PARRY
`224 SOUTH MICHIGAN AVENUE, SUITE 1600
`CHICAGO, IL 60604
`UNITED STATES
`mnoli@ladas.net, chiustm@ladas.net
`Stipulated/Consent Motion to Extend
`Burton S. Ehrlich
`CHIUSTM@LADAS.NET, burte@ladas.net
`/bsehrlich/
`07/23/2014
`delta extension.pdf(185652 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA617325
`ESTTA Tracking number:
`07/23/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92056924
`Plaintiff
`Delta Air Lines, Inc.
`MARIANA PAULA NOLI
`LADAS & PARRY
`224 SOUTH MICHIGAN AVENUE, SUITE 1600
`CHICAGO, IL 60604
`UNITED STATES
`mnoli@ladas.net, chiustm@ladas.net
`Stipulated/Consent Motion to Extend
`Burton S. Ehrlich
`CHIUSTM@LADAS.NET, burte@ladas.net
`/bsehrlich/
`07/23/2014
`delta extension.pdf(185652 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE MATTER OF REGISTRATION NO. 2,949,703
`REGISTERED MAY 10, 2005
`
`
`
` )
`
`DELTA AIR LINES, INC.
` )
`
`
`
`
`
`
` ) Cancellation No. 92056924
`
`
`
`Petitioner,
` )
`
`
`
`
`
`
` )
`
`
`
`v.
`
` )
`
`
`
`
`
`
`SKY MEDIA INTERNATIONAL, LLC, )
`
`
`
`
`
`
` )
`
`
`Respondent.
`
` )
`
`
`
`PETITIONER’S MOTION FOR FURTHER AGREED EXTENSION OF
`FOURTEEN (14) DAYS IN WHICH TO FILE A RESPONSE BRIEF TO
`RESPONDENT’S MOTION TO VACATE JUDGMENT OF DEFAULT
`
`Petitioner, Delta Air Lines, Inc., by and through its
`
`
`
`attorneys Ladas & Parry LLP, hereby respectfully moves the Board
`
`for an Order to extend the time for a further fourteen (14) days
`
`for the Petitioner to respond to the Motion to Vacate Judgment of
`
`Default. In support of this Motion the Petitioner provides the
`
`following rationale:
`
`
`
`Counsel for the Petitioner is in the process of reviewing
`
`and consulting with its client, Delta Air Lines, Inc. to
`
`determine the Petitioner’s response to the Motion and
`
`specifically as to whether a potential amicable basis may exist
`
`for resolving this Motion for an agreed resolution.
`
`Counsel for the Petitioner was in contact with counsel for
`
`the Respondent by telephone and counsel for the Respondent agreed
`
`1
`
`
`
`
`
`to the Motion to extend the time by a further fourteen (14) days
`
`for the Petitioner to respond. During this further fourteen day
`
`extension period counsel for the Petitioner will be reviewing the
`
`underlying situation with its client and considering the client’s
`
`position with regard to the Motion and whether an amicable
`
`settlement of the matter and a related potential opposition
`
`matter may be available. Furthermore, counsel for the Petitioner
`
`also previously agreed to extend the time for Respondent on
`
`potential opposition proceedings against an application of Delta
`
`Air Lines, Inc., to allow for the possible overall resolution of
`
`the related matters at issue. The additional time will allow for
`
`the consideration of possible settlement of the underlying
`
`proceedings involved.
`
`Furthermore, the additional time is requested for the
`
`convenience of Petitioner’s counsel and its client. Lead counsel
`
`for the client has been heavily involved in summary judgment
`
`briefing, as well as with other District Court deadlines on
`
`litigation matters, including a claims analysis and scheduling
`
`matters on a patent infringement District Court case in the west
`
`coast.
`
`
`
`Should potential settlement not meet with fruition, and a
`
`response become necessary to the Motion to Vacate the Judgment,
`
`then further factual inquiries with the Petitioner and about the
`
`Respondent could also become necessary for responding to the
`
`outstanding Motion. This additional time will allow counsel for
`
`2
`
`
`
`
`
`Petitioner to discuss the matter with his client, as well as
`
`review the factual situation with regard to the Respondent.
`
`
`
`During a telephone conversation which occurred in the
`
`morning on July 22, 2014 pertaining to this further agreed
`
`fourteen day extension motion and where permission was given for
`
`this extension motion, counsel for the Respondent kindly advised
`
`that the Trademark Trial and Appeal website did not reflect the
`
`filing of the Petitioner’s prior Motion for an extension of time
`
`for thirty days in which to respond to the Respondent’s Motion to
`
`Vacate Judgment of the Default. Counsel for the Petitioner
`
`advised that he would be checking into the situation on what
`
`might have occurred. In any event, attached to this Motion is
`
`the prior Motion that Petitioner served for the earlier agreed
`
`extension of thirty days for responding. That Motion had been
`
`served by email from Petitioner to Respondent. Later in the day
`
`on July 22, 2014 the Board entered an Order granting the
`
`Respondent’s Motion to Vacate Judgment of Default as a conceded
`
`Motion. Petitioner’s counsel is checking into taking whatever
`
`action might be appropriate with regard to the ruling, but
`
`considered filing the present agreed motion as appropriate under
`
`the circumstances, while considering what further action may need
`
`to be taken.
`
`
`
`Based upon the foregoing it is respectfully requested that
`
`the Petitioner be permitted and additional fourteen (14) days to
`
`3
`
`
`
`
`
`respond to the Motion to Vacate Judgment of Default and with the
`
`response now becoming due by August 6, 2014.
`
`Respectfully submitted,
`
`
`By: /Burton S. Ehrlich/
`
`One of Petitioner's attorneys
`
`
`
`
`
`
`
`
`Burton S. Ehrlich
`Ladas & Parry LLP
`224 S. Michigan Avenue
`Suite 1600
`Chicago, IL 60604
`(312) 427-1300
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`
`
`I hereby certify that this paper is being electronically
`filed with the United States Patent and Trademark Office on this
`23rd day of July, 2014.
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Burton S. Ehrlich/
`Burton S. Ehrlich
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned, one of Petitioner’s attorneys, hereby
`certifies that on July 23, 2014, he caused a true and correct
`copies of the PETITIONER’S MOTION FOR A FURTHER AGREED EXTENSION
`OF FOURTEEN (14) DAYS IN WHICH TO FILE A RESPONSE BRIEF TO
`RESPONDENT’S MOTION TO VACATE JUDGMENT OF DEFAULT to be served
`upon Respondent’s counsel via email and also via First Class
`mail, postage pre-paid, at the following address:
`
`
`Mark I. Peroff
`Jonathan A. Malki
`MANATT, PHELPS & PHILLIPS, LLP
`7 Times Square
`New York, NY 10036
`
`
`
`
`
`
`
`
`
`
`
`/Burton S. Ehrlich/
`Burton S. Ehrlich
`
`
`
`
`
`4
`
`
`
`
`
`
`
`
`
`EXHIBIT
`
`EXHIBITEXHIBIT
`
`
`
`E3/25/2014
`
`USPTO. ESTTA. Motion to Extend. Validate and Submit
`
`United States Patent and Trademark Office Home I Site Index
`
`Search I Guldes l Contacts E eliuslness ! eBiz alerts E News I Help
`
`Motion to Extend
`‘.4.-lij-lllull Pzirlv - Farr." - r‘-‘.|cZ(‘l'v'T‘:"ll§ - S-:r: ~
`
`Electronic System for Trademark Trials and Appeals
`1.-':i|t.~a-.=,r
`
`Validate and Submit
`
`Review the information below and click on the "Submit" button if the information is correct. If
`you need to edit any information, go back to proper screen using navigation facilities on this
`web page and make your correction(s).
`DO NOT USE THE BACK BUTTON ON YOUR BROWSER.
`
`I.\' THE lJ\l TED S'|'A'l"ES 1’/\'l'EN’l‘ A ND TRA DEM ARK ()H‘l(,‘E
`BEF()RE Tl 1E TRA Dlil\=l.»\RK TRIAL AND A PPE/\ L BOARD
`
`I 92056924
`
` *
`
`P121 intifi
`
`Delta Air Lines. inc.
`
`
`
`MARIANA PAULA NOL1
`
`LADAS & PARRY
`224 SOU1'l1M1C111GAN AVENUE, SUITE 1600
`CHICAGO, IL 60604
`UN ITED STATES
`1t11t()li(_(71/; lad21s. not, cl1iListit1(q}, ladas . net
`
`:
`
`'
`
`l
`1
`l
`1
`
`l
`
`I Proceeding
`
`, Parry
`
`lJ
`
`I
`
`Co rrc s pondc in c
`Addre s s
`
`Submission
`
`Motion to Extend
`
`Filc r's 1\' arm
`
`
`File r's c-mail
`
`Signature
`
`F Button S. Ehrlich
`C‘ll1USl'l\/I@.LADAS.NET
`l /bse111‘1ic11/
`
`
`
`._.-_l___l___
`
`
`
`' Date
`
`06/25/2014
`
`Attachments
`
`dcltztsky 1]tCdl£l.1]‘1()llOll tor cXt.pdtl986l bytes )
`
`Submit
`
`Back
`
`Cancel
`
`t—,,;*.
`
`1-
`
`:.‘
`
`| HOME | INDEX! SEARCH | GBUSINESS | CONTACT US | PRIVACY STATEMENT
`
`06/25/2014 05: 14 PM EDT
`
`hltp://es(la.uspto.g ov/ipp/r jsp
`
`1/‘l
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE MATTER OF REGISTRATION NO. 2,949,703
`REGISTERED MAY 10, 2005
`
`DELTA AIR LINES,
`
`INC.
`
`Petitioner,
`
`V.
`
`SKY MEDIA INTERNATIONAL, LLC,
`
`Respondent.
`
`-_r~...-w-_--.1--.._a~_a-.-.._r-._.
`
`Cancellation No. 92056924
`
`PETITIONER’S MOTION FOR AGREED EXTENSION OF
`THIRTY (30) DAYS IN WHICH TO FILE A RESPONSE BRIEF TO
`RESPONDENT’S MOTION TO VACATE JUDGMENT OF DEFAULT
`
`Petitioner, Delta Air Lines, Inc., by and through its
`
`attorneys Ladas & Parry LLP, hereby respectfully moves the Board
`
`for an Order to extend the time for the Petitioner by thirty (30)
`
`days to respond to the Motion to Vacate Judgment Default.
`
`In
`
`support of this Motion the Petitioner provides the following
`
`rationale:
`
`Counsel for the Petitioner is in the process of consulting
`
`with its client, Delta Air Lines,
`
`Inc.
`
`to determine the
`
`Petitioner's response to the Motion and as to whether a basis may
`
`exist for resolving this Motion for an agreed resolution.
`
`Counsel for the Petitioner was in contact with counsel for
`
`the Respondent by telephone and counsel for the Respondent agreed
`
`to the Motion to extend the time by thirty (30) days for the
`
`Petitioner to respond. During that thirty (30) day period
`
`
`
`counsel for the Petitioner will be reviewing the situation with
`
`its client and considering the client's position with regard to
`
`the Motion and whether an amicable resolution of the matter may
`
`be available.
`
`Furthermore, counsel for the Petitioner also
`
`agreed to extend the time for Respondent on potential opposition
`
`proceedings against an application of Delta Air Lines, Inc.,
`
`to
`
`allow for the possible overall resolution of the related matters
`
`at issue. The additional time will allow for the consideration of
`
`possible settlement of the underlying proceedings involved.
`
`Furthermore,
`
`the additional time is requested for the
`
`convenience of Petitioner's counsel and its client.
`
`Lead counsel
`
`for the client has been heavily involved in out of state business
`
`travel, as well as with other District Court deadlines on
`
`litigation matters,
`
`including a significant briefing on a summary
`
`judgment matter.
`
`Should potential settlement not meet with fruition, and a
`
`response become necessary to the Motion to Vacate the Judgment,
`
`then further factual inquiries with the Petitioner and about
`
`the
`
`Respondent could become necessary for responding to the
`
`outstanding Motion. This additional time will allow counsel for
`
`Petitioner to discuss the matter with his client, as well as
`
`review the factual situation with regard to the Respondent.
`
`Based upon the foregoing it is respectfully requested that
`
`the Petitioner be permitted and additional thirty (30) days to
`
`
`
`respond to the Motion to Vacate Judgment of Default and with the
`
`response now becoming due by July 23, 2014.
`
`Respectfully submitted,
`
`By:
`
`/Burton S. Ehrlich/_ ___
`One of Petitioner's attorneys
`
`_
`
`Burton S. Ehrlich
`
`nadas & Parry LLP
`224 S. Michigan Avenue
`Suite 1600
`
`IL 60604
`Chicago,
`(312) 427-1300
`
`CERTIFICATE OF ELECTRONIC FILING
`
`I hereby certify that this paper is being electronically
`filed with the United States Patent and Trademark Office on this
`
`25th day of June, 20l4.
`
`
`/Burton S. Ehrlich/
`
`Burton S. Ehrlich
`
`CERTIFICATE OF SERVICE
`
`The undersigned, one of Petitioner's attorneys, hereby
`certifies that on June 25, 2014, he caused a true and correct
`copies of the PETITIONER’S MOTION FOR AGREED EXTENSION OF THIRTY
`(30) DAYS IN WHICH TO FILE A RESPONSE BRIEF TO RESPONDENT’S
`MOTION TO VACATE JUDGMENT OF DEFAULT to be served upon
`Respondent's counsel via email and also via First Class mail,
`postage pre—paid, at the following address:
`
`Mark I. Peroff
`Jonathan A. Malki
`
`MANATT, PHELPS & PHILLIPS, LLP
`7 Times Square
`New York, NY 10036
`
`/Burton S. Ehrlich/
`
`Burton S. Ehrlich
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
