Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA601481
`ESTTA Tracking number:
`04/30/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057535
`Defendant
`Cold Snapp
`STACEY L GRIFFITHS
`GRIFFITHS & SMITHERMAN PL
`804 N OLIVE AVENUE, FIRST FLOOR
`WEST PALM BEACH, FL 33401
`UNITED STATES
`sgriffiths@gslawfl.com
`Request to Withdraw as Attorney
`/Stacey L Griffiths/
`sgriffiths@slgpa.com
`/Stacey L Griffiths/
`04/30/2014
`Motion to Withdraw.pdf(231423 bytes )
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`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA601481
`ESTTA Tracking number:
`04/30/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057535
`Defendant
`Cold Snapp
`STACEY L GRIFFITHS
`GRIFFITHS & SMITHERMAN PL
`804 N OLIVE AVENUE, FIRST FLOOR
`WEST PALM BEACH, FL 33401
`UNITED STATES
`sgriffiths@gslawfl.com
`Request to Withdraw as Attorney
`/Stacey L Griffiths/
`sgriffiths@slgpa.com
`/Stacey L Griffiths/
`04/30/2014
`Motion to Withdraw.pdf(231423 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. 4, 260, 644
`For the Mark: WET IT, WRING IT, SNAP IT!
`Registration Date: December 18, 2012
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`Cancellation No: 92057535
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`TEMPNOLOGY LLC,
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`Petitioner,
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` v.
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`COLD SNAPP, LLC,
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`
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`Registrant.
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`
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`COUNSEL’S MOTION TO WITHDRAW PURSUANT TO
`TBMP 513.01, 37 CFR §2.19(b), AND 37 CFR § 10.40(b)
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` Pursuant to TBMP 513.01, 37 CFR §2.19(b), and 37 CFR §10.40(b), undersigned counsel
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`and the law firm of Griffiths & Smitherman, P.L. (collectively “The Firm”) respectfully request
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`the Board grant it leave to Withdraw as Counsel of Record for Registrant, COLD SNAPP, LLC
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`(“Registrant”), and in support thereof, states as follows:
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`
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`1.
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`Registrant retained The Firm to represent it in the above styled action on or about
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`August 13, 2013.
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`2.
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`The Firm has provided Registrant with substantial legal representation protecting
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`its interests in the above litigation.
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`3.
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`Due to actions undertaken by Registrant without The Firm’s knowledge, advice or
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`consent, conflicts of interest have arisen between The Firm and Registrant. Registrant’s actions
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`have materially limited The Firm’s ability to represent it in this matter.
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`4.
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`The Firm became aware of these conflicts of interest on or about April 29, 2014,
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`and therefore files this Motion promptly.
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`5.
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`Pursuant to 37 CFR §10.40(b) and Florida Rule of Professional Conduct 4-1.16,
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`Registrant’s actions require a mandatory withdrawal.
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`6.
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`37 CFR §10.40 Withdrawal from employment:
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`(a) A practitioner shall not withdraw from employment in a
`proceeding before the Office without permission from the Office
`(see §§ 1.36 and 2.19 of this subchapter). In any event, a
`practitioner shall not withdraw from employment until the
`practitioner has taken reasonable steps to avoid foreseeable
`prejudice to the rights of the client, including giving due notice to
`his or her client, allowing time for employment of another
`practitioner, delivering to the client all papers and property to
`which the client is entitled, and complying with applicable laws
`and rules. A practitioner who withdraws from employment shall
`refund promptly any part of a fee paid in advance that has not been
`earned.
`
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`(b) Mandatory withdrawal. A practitioner representing a
`client before the Office shall withdraw from employment if:
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`(1) The practitioner knows or it is obvious
`the client
`is bringing a
`legal action,
`that
`commencing a proceeding before the Office,
`conducting a defense, or asserting a position in
`litigation or any proceeding pending before the
`Office, or is otherwise having steps taken for the
`client, merely for the purpose of harassing or
`maliciously injuring any person;
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`(2) The practitioner knows or it is obvious
`that the practitioner's continued employment will
`result in violation of a Disciplinary Rule;
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`(3) The practitioner's mental or physical
`condition renders it unreasonably difficult for the
`practitioner
`to
`carry out
`the employment
`effectively; or
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`(4) The practitioner is discharged by the
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`client.
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`7.
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`Rule 4-1.16 of the Rules Regulating the Florida Bar mandates:
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`(a) When Lawyer Must Decline or Terminate Representation. Except as stated
`in subdivision (c), a lawyer shall not represent a client or, where representation has
`commenced, shall withdraw from the representation of a client if:
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`(1) the representation will result in violation of the
`Rules of Professional Conduct or law;
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`(2) the lawyer's physical or mental condition
`materially impairs the lawyer's ability to represent the
`client;
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`(3) the lawyer is discharged;
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`(4) the client persists in a course of action involving
`the lawyer's services that the lawyer reasonably believes is
`criminal or fraudulent, unless the client agrees to disclose
`and rectify the crime or fraud; or
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` (5) the client has used the lawyer's services to
`perpetrate a crime or fraud, unless the client agrees to
`disclose and rectify the crime or fraud.
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`8.
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`The attorneys of The Firm have discussed this matter at length and determined
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`that a mandatory withdrawal is necessary. The Firm may not be more specific without taking a
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`risk that it will violate or prejudice the rights of the Registrant and the rules of confidentiality.
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`9.
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`On or about April 29, 2014, The Firm advised Registrant by email that it would
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`have to withdraw from the matter due to Registrant’s actions. On or about April 30, 2014, The
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`Firm sent Registrant formal correspondence giving due notice to Registrant, allowing time for
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`3
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`employment of another lawyer, advising Registrant that The Firm had no original documents to
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`which the client is entitled, providing a final invoice, and otherwise complying with applicable
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`laws and rules. There is no refund due Registrant.
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`10.
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`In addition, Registrant advised The Firm to cease all work on the matter until
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`further notice from Registrant to continue work. The Firm has not received any communication
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`from Registrant as of the time of the filing of this Motion instructing The Firm to continue
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`working on the matter.
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`11. Registrant’s address is 5589 Descartes Circle, Boynton Beach, Florida 33472, and
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`its email address is adam@coldsnapp.com.
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`
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`WHEREFORE, The Firm respectfully requests the Board enter an Order: a) Allowing
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`The Firm to withdraw as counsel for Cold Snapp, LLC; b) Relieving The Firm of any further
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`obligations on behalf of Cold Snapp, LLC; c) Providing Cold Snapp, LLC with at least thirty
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`(30) days to retain successor counsel before any additional deadlines are imposed upon it; d)
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`Directing that all future pleadings, motions, discovery, and any and all other communications
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`concerning this matter be sent to Registrant at the address listed in paragraph 9 hereto until such
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`time as successor counsel enters an appearance; and e) For such other relief as the Board deems
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`4
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`just and proper.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a copy of the foregoing was sent via email to James G. Goggin at
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`jgoggin@verrilldana.com and Cold Snapp, LLC attn.: Adam Cohen via email at
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`adam@coldsnapp.com and by regular mail at 5589 Descartes Circle, Boynton Beach, Florida 33472
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`this 30th of April, 2014.
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`__s/Stacey L. Griffiths, Esq.
`Stacey L. Griffiths, Esq. 101753
`Elizabeth A. Smitherman Rivera 57330
`GRIFFITHS & SMITHERMAN, P.L.
`804 N. Olive Ave., First Floor
`West Palm Beach, Florida 33401
`Tel. and Fax: 561-290-0386
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`5
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