Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA603099
`ESTTA Tracking number:
`05/07/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057839
`Defendant
`Kris Kaszuba
`KRIS KASZUBA
`2683 VIA DE LA VALLE, SUITE G-Z46
`DEL MAR, CA 92014-1961
`UNITED STATES
`kris@vip9.com, kris@CoyoteCar.com, kris002@vip9.com
`Other Motions/Papers
`Kris Kaszuba
`kris@vip9.com, kris@CoyoteCar.com, kris002@hotmail.com
`/kk/
`05/07/2014
`New Evidence Motion To Dismiss for Coyote Cancellation Number
`92057839.pdf(360658 bytes )
`Final Judgment re Bruce Griffin Judge Barbara Lynn March 18 2014.pdf(301128
`bytes )
`POS D's NEW Evidence Motion To Dismiss May 7 2014.pdf(264932 bytes )
`
`

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`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
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`Before THE TRADEMARK TRIAL & APPEAL BOARD
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`
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`Bruce Griffin, Plaintiff )
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`v. ) Cancellation Proceeding
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`Kris Kaszuba, Defendant / Respondent ) No. 92057839
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`NEW EVIDENCE TO SUPPORT DEFENDANT’S
`MOTION TO DISMISS THE CANCELLATION PETITION
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`
`
`
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`
`
`Re: COYOTE Trademark, Serial No. 78566406, Registration No. 3379325
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`
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`Kris Kaszuba, Defendant submits the following new evidence to the TTAB for the Tribunal’s
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`review and consideration.
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`Attached is the Final Judgment of Judge Barbara Lynn, U.S. District Court, Northern District
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`of Texas dated March 18, 2014, Case No. 3:11-CV-1046M wherein Bruce Griffin and
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`Craig Fenderson dba was as “Coyote Engines and Transmissions” Defendants against The
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`OLM Inc dba as The Transmission Shop.
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`The business name “Coyote Engines and Transmissions” is referenced below the Defendant’s
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`Name on the front cover page.
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`Bruce Griffin and Craig Fenderson, each were found Guilty of the following:
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`1. Injury to reputation on 4 counts
`2. Exemplary damages for conduct of $172,800
`3. Breach of fiduciary duty $22,050
`4. Damages for Conversion $2,000
`5. Damages for Conversion 2nd count $4,000
`6. Griffin & Fenderson registered, trafficked and used a domain name confusingly similar
`to Plaintiff’s mark, The Transmission Shop
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` 1 NEW EVIDENCE for MOTION TO DISMISS THE CANCELLATION PETITION
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`

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`7. Compensatory damages for use of domain name $14,400
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`8. It is ordered that Plaintiff recover from Griffin and Fenderson $117,500
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`9. It is ordered that Plaintiff recover from Griffin $198,850
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`
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`This Judge’s Final Judgment supports Kris Kaszuba’s Motion To Dismiss the Cancellation
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`Petition for the reasons of lack of standing, fraud and the fraudulent application submitted by
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`Bruce Griffin to the USPTO for his proposed mark, Coyote Engines.
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`Bruce Griffin has no right to submit to the USPTO his proposed mark since his partner Craig
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`Fenderson is a partner in their jointly owned business Coyote Engines.
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`
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`There is substantial evidence that Bruce Griffin, plaintiff and owner of Coyote Engines has
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`submitted and signed false and fraudulent dates of First Use(s) of 11/00/1990 in
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`his application with the USPTO. And this was made under penalty of perjury.
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`The Final Judgment against Bruce Griffin and Craig Henderson speaks volumes about the
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`unprofessionalism of the Plaintiff and the lack of credibility, lack of honesty and lack of truth.
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`
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`CONCLUSION:
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`Kris Kaszuba has submitted this Motion To Dismiss the Cancellation Petition for the reasons
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`of no standing, fraud and the fraudulent application submitted by Bruce Griffin to the USPTO.
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`Bruce Griffin’s application stated under penalty of perjury that his First Use Date(s) were
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`11/00/1990.
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`
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`WHEREFORE, Registrant prays that the Cancellation be dismissed with prejudice.
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`Dated this 7th day of May, 2014 at Del Mar, California
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`/kk/ Signed by electronic signature
`
`Kris Kaszuba
`2683 VIA DE LA VALLE, # G-246
`DEL MAR, CA 92014
`USA email: kris@CoyoteCar.com
` (cid:966) NEW EVIDENCE for MOTION TO DISMISS THE CANCELLATION PETITION
`
`
`
`

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`Case 3:11-cv-01046-M Document 68 Filed 03/18/14 Page 1 of 6 PageID 503
`Case 3:11—cv—O1046—M Document 68 Filed 03/18/14 Page 1 of 6 Page|D 503
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`Civil Action No. 3:11-CV-1046—M
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`§
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`§ §
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`§ §
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`§
`§
`§
`§
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`§ §
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`§
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`OLM, INC. dlb/a THE TRANSMISSION
`SHOP,
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`Plaintiff,
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`V.
`
`BRUCE E. GRIFFIN, and
`CRAIG FENDERSON (Uh/a COYOTE
`ENGINES AND TRANSMISSIONS,
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`Defendants.
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`FINAL JUDGMENT
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`This case was tried to a jury on February 5, 2014. Plaintiff OLM, Inc. cl/b/a The
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`Transmission Shop appeared through its corporate representative and its counsei. Defendants
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`Bruce E. Griffin (“Griffin”) a11d Craig Fenderson cl/b/a Coyote Engines and Transmission
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`(“Fenderson”) (collectively, “Defendants”) did not appear at trial, either in person or through
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`counsel, despite having been given notice of trial.
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`Prior to trial, the Court entered summary judgment in favor of Plaintiff and against all of
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`Defendants’ counterclaiins and affirmative defenses, and in favor of Plaintiffs claims for
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`clefamation, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, and conversion
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`[Dkt. No. 33]. The Court also determined that Plaintiff was entitled to judgment in the amount of
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`$l4,700.00 against Defendants jointly and severally on Plaintiffs claims for breach of fiduciary
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`duty and aiding and abetting breach of fiduciary duty.
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`The trial concluded on February 5, 2014. The jury returned its verdict on the same day.
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`In response to Question 1(a), the jury found that Plaintiff is entitled to compensatory
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`damages for injury to reputation sustained in the past for the first defamatory statement in the
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`FINAL JUDGMENT
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`PAGE I
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`

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`Case 3:11-cv-01046-M Document 68 Filed 03/18/14 Page 2 of 6 PageID 504
`Case 3:11—cv—O1046—M Document 68 Filed 03/18/14 Page 2 of 6 Page|D 504
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`amount of $28,800.00.
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`in response to Question 2(a), the jury found that Plaintiff is entitled to
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`compensatory damages for injury to reputation sustained in the past for the second defamatory
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`statement in the amount of $14,400.00. In response to Question 3(a), the jury found that Plaintiff
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`is entitled to compensatory damages for injury to reputation sustained in the past for the third
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`defamatory statement in the amount of $28,800.00.
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`In response to Question 4(a), the jury found
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`that Plaintiff is entitled to compensatory damages for injury to reputation sustained in the past for
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`the fourth defamatory statement in the amount of $ 14,400.00.
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`In response to Question 5, the jury found that Plaintiff is entitled to exemplary damages for
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`the conduct described in Questions 1-4 against Defendant Griffin in the amount of $260,200.00.
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`Statutory caps limit the amount of said exemplary damages to $172,800.
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`In response to Question 6, the jury found that Plaintiff is entitled to exemplary damages for
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`the conduct described in Questions 14 against Defendant Fenderson in the amount of
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`$260,200.00. Statutory caps limit the amount of said exemplary damages to $172,800.
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`In response to Question 7, the jury found that Piaintiff is entitled to exemplary damages
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`against Defendant Griffin for Defendant Griffin’s breach of fiduciary duty in the amount of
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`$22,050.00.
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`In response to Question 8, the jury found that Plaintiff is entitled to exemplary damages
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`against Defendant Fenderson for Defendant Fendersoifs aiding and abetting breach of fiduciary
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`duty in the amount of $22,050.00.
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`In response to Question 9, thejury found that Plaintiff is entitled to compensatory damages
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`for Defendants’ conversion in the amount of $2,000.00.
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`In response to Question 10, the jury found that Plaintiff is entitled to exemplary damages
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`against Defendant Griffin for conversion in the amount of $5,000.00. Statutory caps limit the
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`FINAL JUDGMENI‘
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`PAGE 2
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`

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`Case 3:11-cv-01046-M Document 68 Filed 03/18/14 Page 3 of 6 PageID 505
`Case 3:11—cv—O1046—M Document 68 Filed 03/18/14 Page 3 of 6 Page|D 505
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`amount of said exemplary damages to $4,000.
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`In response to Question 11, the jury found that Plaintiff is entitled to exemplary damages
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`against Defendant Fenderson for conversion in the amount of $5,000.00. Statutory caps iimit the
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`amount of said exemplary damages to $4,000.
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`In response to Question 12, the jury found that Plaintiff is the owner of the mark “The
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`Transmission Shop.” In response to Question 13, the jury found that Defendants had a bad faith
`35
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`intent to profit from the mark “The Transmission Shop.
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`In response to Question 14, the jury
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`found that the mark “The Transmission Shop” was distinctive at the time that Defendants
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`registered the domain name "www.the~transmission-shop.co1n.” In response to Question 15, the
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`jury found that Defendants registered, trafficked in, or used a domain name that is identical or
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`confusingly similar to the mark “The Transmission Shop.” In response to Question 16, the jury
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`found that Piaintiff is entitled to compensatory damages for Defendants’ registration and use of
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`the domain name “www.tlie-transtnission-shop.com” in the amount of $14,400.00.
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`Based on the jury’s verdict and the partial summary judgment issued in this case, the Court
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`enters judgment as follows:
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`IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff recover from Defendants
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`Griffin and Fenderson,jointly and severally, compensatory damages in the amount of $1 17,500.00.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff recover from
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`Defendant Griffin exemplary damages in the amount of $198,850.00.
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`IT IS FURTHER ORDERED, ADIUDGED, AND DECREED that Piaintiff recover from
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`Defendant Fenderson exemplary damages in the amount of $1 98,850.00.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Bruce E. Griffin and
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`Craig Fenderson d/b/a Coyote Engines and Transmission, defendants i11 this cause, including their
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`
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`FINAL JUDGI‘-IENT
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`PAGE 3
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`

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`Case 3:11-cv-01046-M Document 68 Filed 03/18/14 Page 4 of 6 PageID 506
`Case 3:11—cv—O1046—M Document 68 Filed 03/18/14 Page 4 of 6 Page|D 506
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`agents, servants, employees, independent contractors, attorneys, representatives, and those persons
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`or entities in active concert or participation with them be, and hereby are, forthwith from the date
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`of entry of this order:
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`1.
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`Mandated to employ any and all efforts required to remove the statements they
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`published about OLM on the Internet as identified herein on the webpages located at the Internet
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`addresses of: _
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`a. http://local.yahoo.com/info-l 86 I 6669-the-transmission-shop-
`gar]and‘?tab=reviews#reviews,
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`b. http://local.yahoo.com/info-18616669-the-transmission-shop-
`gar]and'?csz=Wylie%2C+TX,
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`e. http://maps.google.com/maps/place?hl=en&biw=I 899&bih=959&rlz= 1 WIA
`DRA_en&um= l &ie=UTF-8&q=the+transmission+shop+garland&fb
`=1&gl=us&hq=the+transmissi0n+shop+garland&hnear=0x8640l9f77b45974
`b:0xb9eo9ba4f647678f,Dallas,+TX&cid=27135053 83290878607&dtab=2&ei
`=GnHVTobECcWXtwetr6TlCw&sa=X&oi=loca1_result&ct=result&resnum=
`2&ved=0CDIQqgUwAQ, and
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`d. http://maps.google.con1/maps/p1ace?hl=en&biw=1899&bih=
`959&rlz=l W 1 ADRA_en&u1n=1 &ie=UTF-8&q=the+transmission+shop+
`garland&fb=l &gl:us&hq=the+transn'1ission+§hop+garland&hne ar=0x864cl 9
`f77b45974b:0xb9ec9ba4f647678f,Dallas,+TX&cid=27135053 8329087860’/'&
`dtab=2&ei=GnHVTcbECcWXtwetr6T1 Cw&sa=X&oi=local_result&ct=result
`&resnum=2&ved=0CDIQqgUWAQ.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that pursuant to 15 U.S.C.
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`§
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`ll25(d), all of Defendant Craig Fenderson’s rights in the Internet domain www.the—
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`transmission-shop.con1 are transferred to OLM.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff recover costs,
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`jointly and severally, from Defendants.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff recover
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`postjudgment interest, jointly and severally, from Defendants on the amount of compensatory
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`damages of $117,500.00 and the amount of costs awarded herein. Postjudginent interest shall
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`
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`FINAL JUDGMEM
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`PAGE 4
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`

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`Case 3:11-cv-01046-M Document 68 Filed 03/18/14 Page 5 of 6 PageID 507
`Case 3:11—cv—O1046—M Document 68 Filed 03/18/14 Page 5 of 6 Page|D 507
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`accrue at the rate of 0.12% [rate equal to weekly average 1-year constant maturity Treasury yield,
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`as published by the Board of Governors of the Federal Reserve System, for the calendar week
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`preceding the date ofjudgment, see 28 U.S.C. § l96l(a)]. Postjudgment interest shall accrue from
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`the date of entry of this judgment, shall be computed daily to the date of payment, and shall be
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`compounded annually.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff recover
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`postj udgment interest from Defendant Griffin on the amount of exemplary damages against Griffin
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`of $198,850.00. Postjudgment interest shall accrue at the rate of 0.12% [rate equal to weekly
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`average 1-year constant maturity Treasury yield, as published by the Board of Governors of the
`
`Federal Reserve System, for the calendar week preceding the date of judgment, see 28 U.S.C. §
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`l96l(a)]. Postjudgment interest shall accrue from the date of entry of this judgment, shall be
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`computed daily to the date of payment, and shall be compounded annually.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff recover
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`postjudgment interest from Defendant Fenderson on the amount of exemplary damages against
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`Fenderson of $198,850.00. Postjudgment interest shall accrue at the rate of 0.12% [rate equal to
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`weekly average 1—year constant maturity Treasury yield, as published by the Board of Governors
`
`of the Federal Reserve System, for the calendar week preceding the date of judgment, see 28
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`U.S.C. § 1961 (a)]. Postjudgment interest shall accrue from the date of entry ofthis judgment, shall
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`be computed daily to the date of payment, and shall be compounded annually.
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`IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that execution issue for this
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`judgment.
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`FINAL JUDGMENT
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`PAGE 5
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`

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`Case 3:11-cv-01046-M Document 68 Filed 03/18/14 Page 6 of 6 PageID 508
`Case 3:11—cv—O1046—M Document 68 Filed 03/18/14 Page 6 of 6 Page|D 508
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`This is a final judgment.
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`SIGNED this
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`I
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`2;‘
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`Fday of
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`tates District In ge
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`
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`FINAL JUDGMENT
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`PAGE 6
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`

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`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL & APPEAL BOARD
`
`
`
`Bruce Griffin, Plaintiff ) Cancellation
`
`v. ) No. 92057839
`
`Kris Kaszuba, Defendant / Respondent ) COYOTE Trademark
`
`
`
`
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`CERTIFICATE OF MAILING & SERVICE
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`
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`
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`I hereby certify that a copy of NEW EVIDENCE for MOTION TO DISMISS THE
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`CANCELLATION PROCEEDING and ATTACHMENT, FINAL JUDGMENT
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`has been served on Luke Brean, Attorney by U.S. First Class Mail, postage prepaid
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`on May 7, 2014 to:
`
`
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`Luke Brean
`Brean Law LLC.
`P.O. Box 4120
`ECM #72065
`Portland, OR 97208
`
`
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`______AB_______ electronic signature
`
`A. Bebar
`14331 Penasquitos Dr.
`San Diego, CA 92129
`
` 1 PROOF OF SERVICE