Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA669264
`ESTTA Tracking number:
`04/28/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92059726
`Defendant
`Security People, Inc.
`ANNE HIARING HOCKING
`DONAHUE FITZGERALD LLP
`1999 HARRISON ST, 25TH FL
`OAKLAND, CA 94106
`UNITED STATES
`ahocking@donahue.com, dschacht@donahue.com
`Motion to Suspend for Civil Action
`Kuscha Hatami
`khatami@donahue.com
`/Kuscha Hatami/
`04/28/2015
`Response Motion to Board with Certificate.pdf(1483997 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
`
`'———_———“—I
`NEXTLOCK, LLC,
`
`
`
`
`
`
`
`Registrant.
`—____—4
`
`Petitioner,
`
`V.
`
`SECURITY PEOPLE, INC,
`
`Cancellation No. 92059726
`
`Mark: NEXTLOCK
`
`Serial No.: 85527423
`
`Registration Date: July 15, 2014
`
`REGISTRANT’S RESPONSE TO BOARD ORDER REGARDING MOTION TO
`SUSPEND PENDING TERMINATION OF RELATED
`
`FEDERAL TRADEMARK LITIGATION
`
`On March 26, 2015, Registrant moved, pursuant to 37 C.F.R. 2.117(a) & (0) (“Rule
`
`2.1 17”) and Trademark Trial and Appeal Board Manual of Procedure (“TBMP”) § 510.02, to
`
`suspend Cancellation No. 9205 9726 (the “Cancellation”) pending the outcome of the related
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`federal district court trademark litigation between Petitioner Nextlock, LLC (“Petitioner”) and
`
`Registrant Security People, Inc. (“Registrant” or “Security People”), Security People, Inc., vs.
`
`Nextlock, LLC, DBA Nextlock, No. 15-CV—01179-EJD, N.D. Cal. Filed March 12, 2015 (the
`
`“Civil Action”).
`
`On April 27, 2015, the Board ordered that Registrant submit a copy of the civil
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`complaint, and answer, if applicable, by May 7, 2015. Registrant respectfully submits the
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`complaint of the Civil Action with this response. See Exhibit A (Complaint). Registrant further
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`informs the Board that a responsive answer in the Civil Action is yet to be filed, and therefore,
`
`submission of the answer is not applicable here.
`
`Registrant’s Response to Board Order Regarding
`Motion to Suspend Pending Termination of Related
`Federal Trademark Litigation
`Cancellation No. 92059726
`
`

`

`Dated: April 28, 2015
`
`Respectfully submitted,
`
`DONAHUE FITZGERALD LLP
`
`Attorneys for Registrant
`
`Byz/s/ Anne Hiaring Hocking
`Anne Hiaring Hocking, Esq.
`Daniel J. Schacht, Esq.
`1999 Harrison Street, 25th Fl.
`Oakland, CA. 94106
`Tel: (510) 451—3300
`Fax: (510) 451-1527
`Email: ahockingaz)donahuecom
`dschachtgw‘idonalme.com
`
`Registrant‘s Response to Board Order Regarding
`Motion to Suspend Pending Termination of Related
`Federal Trademark Litigation
`Cancellation No. 92059726
`
`

`

`EXHIBIT A
`
`

`

`CaseS:15—cv—Oll79-EJD Documentl Filed03/12/15 Pagel of9
`
`FREAR STEPHEN SCHMID, CSB NO. 96089
`ATTORNEY AT LAW
`
`177 POST STREET, SUITE 890
`SAN FRANCISCO, CA 94108
`TELEPHONE: (415) 788-5957
`FACSIMILE: (415) 788-5958
`EMAIL: fiearschmidfaflaolcom
`
`Attorney for Plaintiff
`SECURITY PEOPLE, INC.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`SECURITY PEOPLE, INC.
`
`No. 15-cv—l 179
`
`Plaintiff,
`
`V.
`
`NEXTLOCK, LLC, DBA NEXTLOCK,
`Defendant.
`
`COMPLAINT FOR FEDERAL
`
`TRADEMARK INFRINGEMENT; FALSE
`DESIGNATION OF ORIGIN AND UNFAIR
`
`COMPETITION; FEDERAL TRADEMARK
`DILUTION; AND COMMON LAW
`TRADEMARK INFRINGEMENT AND
`UNFAIR COMPETITION
`
`
`
`JURY TRIAL DEMANDED
`
`To stop the illegal and infringing use of its trademark, plaintiff Security People, Inc.
`
`("SP1"), and alleges as follows:
`
`NATURE OF THE ACTION
`
`This is a civil action for trademark infringement, dilution, and unfair competition under
`
`the Lanham Act, 15 U.S.C. § 1114 and 1125 (a), (c) and (d), and common law unfair competition
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`trademark infringement.
`
`THE PARTIES
`
`1.
`
`SP1 is a California corporation with its principal place of business in Petaluma,
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`California. Widely recognized as a global technology leader in the lock field, SPI owns a US.
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`trademark (registration number 4568693) for the mark, NEXTLOCK.
`1
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`COMPLAINT
`
`

`

`_\
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`ocooououmh-wm
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`NNNNNNNNNAAAAAAAAAAmflmUT-bWN—‘OCDCDNOU‘l-PQNA
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`Case5:15-cv—Oll79-EJD Documentl Filed03/12/15 Pagez of9
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`2.
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`Defendant NextLock, LLC dba NextLock, upon information and belief, is an
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`American LLC, place of creation unknown, which has regularly transacted business in this
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`jurisdictional district.
`
`JURISDICTION AND VENUE
`
`3.
`
`This Court has subject matter jurisdiction over SPI’s Lanham Act claims pursuant
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`to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a), and any supplementaljurisdiction under
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`28 U.S.C. §1367.
`
`4.
`
`This Court has personal jurisdiction over Defendant because it does business in
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`California.
`
`5.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because Defendant
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`is subject to personal jurisdiction in this district.
`
`DEFENDANT’S USE OF SPI’S MARK
`
`6.
`
`Defendant has been and is misusing SPI brand and mark to sell to consumers
`
`locks. Defendant maintains a web site, "nextlockcom". Defendant advertises under the name
`
`NextLock that infringe upon SPI’s registered trademark.
`
`7.
`
`SPI's affiliates have used its mark since at least 2010 and has acquired a
`
`tremendous amount of goodwill in the name and mark. Through SPI’s extensive use, the
`
`name and mark is well known in the industry, and SPI's NEXTLOCK has become a trusted brand.
`
`8.
`
`SP1 has not authorized the defendant to use its trademark, and SP1 has not
`
`sponsored or approved any of Defendant’s websites.
`
`9.
`
`Misled by the prominent, deceptive use of SPI’s trademark, consumers have been
`
`confused and misled into purchasing defendant's products.
`
`///
`
`///
`
`COMPLAINT
`
`

`

`CaseS:lS—cv-01179-EJD Documentl FiledOS/lZ/ls Page3 of9
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`BOTH CONSUMERS AND SPI WILL BE
`
`HARMED BY DEFENDANT'S INFRINGEMENT
`
`10.
`
`The false association defendant has created between SP1 and defendant’s lock
`
`damages SPI’s reputation and the goodwill that SPI has established in its name and trademark.
`
`Unless enjoined, defendant will continue to lure consumers through the deceptive misuse of SPI’s
`
`trusted brand, thereby irreparably harming SPI as well as members of the public who are
`
`deceived.
`
`FIRST CLAIM FOR RELIEF
`
`Infringement of Federally Registered Trademark and Service Mark
`15 U.S.C. § 1114(1)(a)
`
`11.
`
`SP1 realleges and incorporates each and every allegation contained in the
`
`paragraphs above with the same force and effect as if said allegations were fully set forth herein.
`
`12.
`
`SP1 has used its federally registered SPI name and mark in commerce in
`
`connection with Virtually all of its products and services, including its search engine, its AdSense
`
`advertising service, and its AdWords advertising service.
`
`13.
`
`SP1 has also used its federally registered mark in commerce.
`
`14.
`
`Defendant had both actual and constructive knowledge of SPI’s ownership of
`
`and rights in its federally registered mark prior to defendant’s infringing use of the mark.
`
`15.
`
`Defendant adopted and continue to use in commerce SPI’s federally
`
`registered mark, with full knowledge of SPI’s superior rights, and with full knowledge that its
`
`infringing use of SPI’s mark was intended to cause confusion, mistake, and/or deception.
`
`l6.
`
`Defendant offers its goods and services under the infringing mark in the same
`
`channels of trade as those in which SPI’s legitimate goods and services are offered.
`
`17.
`
`SP1 is likely to cause, and has caused, confusion, mistake or deception as
`
`///
`
`COMPLAINT
`
`COCDVCDm-hOON
`
`10
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`11
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`CaseS:15-cv-01179-EJD Documentl Filed03/12/15 Page4 of9
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`to the affiliation, connection or association of defendant's products with SPI‘s, in violation of Q
`
`m. § 1114.
`
`18.
`
`Defendant’s actions constitute knowing, deliberate, and willful infringement of
`
`SPI’s federally registered mark. The knowing and intentional nature of the acts set forth herein
`
`renders this an exceptional case under 15 U.S.C. § 1117(a).
`
`19.
`
`As a result of defendant’s infringement, SPI has suffered substantial damages, as
`
`well as the continuing loss of the goodwill and reputation established by SPI in its federally
`
`registered mark. This continuing loss of goodwill cannot be properly calculated and thus
`
`constitutes irreparable harm and an injury for which SPI has no adequate remedy at law. SPI will
`
`continue to suffer irreparable harm unless this Court enjoins defendant’ conduct.
`
`SECOND CLAIM FOR RELIEF
`
`Federal Unfair Competition and False Designation of Origin
`15 U.S.C. § 1125(a)
`
`20.
`
`SP1 realleges and incorporates each and every allegation contained in the
`
`paragraphs above with the same force and effect as if said allegations were fully set forth herein.
`
`21.
`
`Defendant has deliberately and willfiilly attempted to trade on SPI’s longstanding
`
`and hard—earned goodwill in its name and mark and the reputation established by SPI in
`
`connection with its products and services, as well as in order to confuse consumers as to the
`
`origin and sponsorship of defendant’s goods and to pass off their products and services in
`
`commerce as those of SPI.
`
`22.
`
`Defendant’s unauthorized and tortious conduct has also deprived and will continue
`
`to deprive SPI of the ability to control the consumer perception of its products and services
`
`offered under SPI’s mark, placing the valuable reputation and goodwill of SPI in the hands of
`
`defendant.
`
`///
`
`COMPLAINT
`
`(DmVOUO'l-bWN
`
`10
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`Ca895115—CV—01179-EJD Documentl Filed03/12/15 PageS 0f9
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`_\
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`23.
`
`Defendant’s conduct is likely to cause confusion, mistake or deception as to the
`
`affiliation, connection or association of defendant as to the origin, sponsorship or approval of
`
`defendant and its products and services, in violation of Section 43 of the Lanham Act, 15 U.S.C.
`
`§ 1125(a)(1).
`
`24.
`
`Defendant had direct and full knowledge of SPI’s prior use of and rights in its
`
`mark before the acts complained of herein. The knowing, intentional, and willfiil nature of the
`
`acts set forth herein renders this an exceptional case under 15 U.S.C. § 1117(a).
`
`25.
`
`As a result of defendant’s aforesaid conduct, SPI has suffered commercial damage,
`
`as well as the continuing loss of the goodwill and reputation established by SPI in its mark. This
`
`continuing loss of goodwill cannot be properly calculated and thus constitutes irreparable harm
`
`and an injury for which SPI has no adequate remedy at law. SPI will continue to suffer irreparable
`
`harm unless this Court enjoins defendant’s conduct.
`
`THIRD CLAIM FOR RELIEF
`
`Federal Dilution By Tarnishment
`15 U.S.C. § 1125(c)
`
`26.
`
`SP1 realleges and incorporates each and every allegation contained in the
`
`paragraphs above with the same force and effect as if said allegations were fially set forth herein.
`
`27.
`
`The SPI name and mark are well known in the industry and distinctive and is
`
`entitled to protection against dilution by blurring or tamishment.
`
`28.
`
`Defendant commenced use of the SP1 mark in commerce after the NEXTLOCK
`
`name and mark had become well-known and distinctive.
`
`29.
`
`By trading on SPI's name and mark in connection with locks by which consumers
`
`are deceived as to the nature of the locks and the origin of those locks, defendant has injured and
`
`will continue to injure SPI’s business reputation, has tarnished the distinctive quality of SPI's
`
`NNNNNNNNNAAAAAAA—X—X—kooxloum-hooM—nocoooucncnth-A
`
`COMPLAINT
`
`

`

`Case5115-cv-01179-EJD Documentl Filed03/12/15 Page6 of9
`
`name and mark, and have lessened the capacity of SPI's name and mark to identify and
`
`distinguish SPI’s goods and services, in violation of 15 U.S.C. § 1125(c).
`
`30.
`
`As a result of defendant’s tarnishment of SPI’s name and mark, SP1 has suffered
`
`substantial damages, as well as the continuing loss of the goodwill and reputation established by
`
`SPI in its mark. This continuing loss of goodwill cannot be properly calculated and thus
`
`constitutes irreparable harm and an injury for which SPI has no adequate remedy at law. SPI will
`
`continue to suffer irreparable harm unless this Court enjoins defendant’s conduct.
`
`FOURTH CLAIM FOR RELIEF
`
`Trademark Infringement and Unfair Competition
`Common Law
`
`31.
`
`SP1 realleges and incorporates each and every allegation contained in the
`
`paragraphs above with the same force and effect as if said allegations were fully set forth herein.
`
`32.
`
`Defendant has deliberately and willfiilly attempted to trade on SPI’s longstanding
`
`and hard-earned goodwill in its name and mark and the reputation SPI established in connection
`
`with its products and services, as well as to confuse consumers as to the origin and sponsorship of
`
`defendant's goods and to pass its products and services off as those of SPI.
`
`33.
`
`Defendant’s unauthorized and tortious conduct has also deprived and will continue
`
`to deprive SPI of the ability to control the consumer perception of its products and services
`
`offered under SPI’s mark, placing the valuable reputation and goodwill of SPI in the hands of
`
`defendant.
`
`34.
`
`Defendant’s conduct is likely to cause confusion, mistake or deception as to the
`
`affiliation, connection or association of defendant with SP1 and as to the origin, sponsorship or
`
`approval of defendant and its products and services, in violation of common law.
`
`35.
`
`As a result of defendant’s aforesaid conduct, SPI has suffered substantial damages,
`
`as well as the continuing loss of the goodwill and reputation established by SPI in its mark. This
`
`COMPLAINT
`
`6
`
`

`

`Case5215—cv‘01179-EJD Documentl Filed03/12/15 Page7 of9
`
`continuing loss of goodwill cannot be properly calculated and thus constitutes irreparable harm
`
`and an injury for which SPI has no adequate remedy at law. SPI will continue to suffer
`
`irreparable harm unless this Court enj oins defendant’s conduct.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, SPI prays for an Order and Judgment as follows:
`
`1.
`
`Entry of an order (on a preliminary and permanent basis) requiring that defendant
`
`and its officers, agents, servants, employees, owners and representatives, and all
`
`other persons, firms or corporations in active concert or participation with them, be enjoined and
`
`restrained from:
`
`(a)
`
`Using in any manner the SP1 mark, or any name, mark or domain name
`
`that wholly incorporates the SP1 mark or is confusingly similar to or a colorable imitation of this
`
`mark, including, without limitation, NEXTLOCK;
`
`(b)
`
`Using or displaying the name NEXTLOCK on any websites, products, or
`
`promotional materials in any false and/or deceptive manner;
`
`(0)
`
`Doing any act or thing calculated or likely to cause confusion or mistake in
`
`the minds of members of the public or prospective customers of SPI’s products or services as to
`
`the source of the products or services offered for sale, distributed, or sold, or likely to deceive
`
`members of the public, or prospective customers, into believing that there is some connection
`
`between defendant and SP1;
`
`(d)
`
`Committing any acts which will tarnish, blur, or dilute, or are likely to
`
`tarnish, blur, or dilute the distinctive quality of SPI‘s mark; and
`
`(e)
`
`Making any representations, express or implied, that SP1 is affiliated with
`
`or sponsors or approves of defendant or its products or services.
`
`///
`
`COMPLAINT
`
`

`

`A
`
`OCDOOVOU'IAQDN
`
`NMNNNNNNN—AAA—k—LA-lA—XAmNmthN—‘OQmflmm-kQJN—X
`
`Case5:15—cv-01179-EJD Documentl Filed03/12/15 Page8 of9
`
`2.
`
`Directing defendant to transfer to SP1 (at no cost to SP1) all domain names that
`
`contain or consist of SPI’s mark;
`
`3.
`
`Ordering defendant to preserve through trial and then deliver up for destruction,
`
`pursuant to 15 U.S.C. § 1118, all Internet webpages / scripts / html code, articles, packages,
`
`wrappers, products, displays, labels, signs, vehicle displays or signs, circulars, kits, packaging,
`
`letterhead, business cards, promotional items, clothing, literature, sales aids, receptacles,
`
`templates or other matter in the possession, custody, or under the control of defendant or its
`
`agents bearing the SPI's mark, in any manner, or any mark that is confusingly similar to or a
`
`colorable imitation of the mark;
`
`4.
`
`Ordering defendant to take all steps necessary to cancel any state or local business
`
`registrations, including corporate name registrations and dba filings that include SPI’s mark or
`
`amend those registrations to names that do not include SPI’s mark, and to remove any references
`
`to any business registrations, including corporate names and dba filings, that include SPI’s mark.
`
`5.
`
`Ordering defendant to retain and disclose all communications with all individuals
`
`and entities with whom it has engaged in any transaction relating to or arising from the use of
`
`SPI’s mark;
`
`6.
`
`Directing defendant to provide an accounting of profits made by defendant as a
`
`result of defendant’s unlawful conduct;
`
`7.
`
`Ordering defendant, pursuant to 15 U.S.C. § 1116(a), to file with this Court and
`
`serve upon SPI within thirty (30) days after entry of the injunction a written report under oath
`
`describing in detail the manner and form in which defendant has complied with the injunction,
`
`including ceasing all offering of services under SPI’s mark as set forth above;
`
`///
`
`///
`
`COMPLAINT
`
`

`

`CaseS:lE—cv-01179-EJD Documentl Filed03/12/15 PageQ of9
`
`8.
`
`Ordering defendant to pay a judgment in the amount of SPl’s actual damages
`
`under 15 U.S.C. § 1117, as well as defendant’s profits, and pre- and post-judgment interest
`
`pursuant to 15 U.S.C. § 1117, in a amount to be proven at trial;
`
`9.
`
`Ordering defendant to pay SPI’s reasonable attorneys fees and costs of this action
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`under 15 U.S.C. § 1117;
`
`10.
`
`Ordering defendant to pay a judgment for enhanced damages under 15 U.S.C. §
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`1117; and
`
`11.
`
`Granting SPI such other and further relief as the Court deems just and proper.
`
`Dated: March 12, 2015
`
`/s/ Frear Stephen Schmid
`Frear Stephen Schmid, Attorney for Plaintiff
`SECURITY PEOPLE, INC.
`
`JURY DEMAND
`
`Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, SPI requests a
`
`jury trial of all issues that may be tried to a jury in this action.
`
`Dated: March 12, 2015
`
`/s/ Frear Stephen Schmid
`Frear Stephen Schmid, Attorney for Plaintiff
`SECURITY PEOPLE, INC.
`
`COMPLAINT
`
`

`

`051395:lS'CV'Ol179GTIFILDCOWRJSIIWO3/12/ls Pagel of 1
`Jcsa31in33/133?
`The JS 44 civil cover sheet and the information contained herein neither re lace nor supp}ement the filing and service of pleadings or other papers as re uired by law, except as
`provided by local mles of court. This form, approved by the Judicial Con erence of the
`nited States in September 1974, is required for the use of the
`lerk of Court for the
`purpose of initiating the civil docket sheet.
`(SEE INSTRUCTIONS ONNEXT PAGE OF THIS FORM)
`
`I. (a) PLAINTIFFS
`SECURITY PEOPLE, INC.
`
`DEFENDANTS
`NEXTLOCK, LLC, DBA NEXTLOCK
`
`(b) County of Residence of First Listed Plaintiff SONOMA COUNTY
`(EXCEPT IN US. PLAINTIFF CASES)
`
`County of Residence of First Listed Defendant
`(IN US. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`NOTE:
`
`(C) Attorneys (Firm Name. Address, and Telephone Number)
`Frear Stephen Schmid, CSB No. 96089, Attorney at Law,
`177 Post Street, Suite 890, San Francisco, CA 94108
`Tel: (415)788-5957, Fax: (415)788~5958, Email: frearschmid@aol.com
`
`Attorneys (IfKnown)
`
`II. BASIS OF JURISDICTION {Place an ”X" in One Box Only)
`E] 1 US. Government
`E 3 Federal Question
`Plaintiff
`(US Government Not a Party)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfar Plaintiff
`(For Diversity Cases Only)
`am! One Boxfor Defendant)
`PTF
`DEF
`PTF
`DEF
`I] 1
`El
`I] 4
`CI 4
`
`1
`
`Incorporated or Principal Place
`of Business In This State
`
`Citizen of This State
`
`E] 2 US. Government
`Defendant
`
`I] 4 Diversity
`(Indicate Citizenship ofParties in Item 111)
`
`Citizen of Another State
`
`U 2
`
`I] 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`E] 5 D 5
`
`Citizen or Subject of a
`Foreign Country
`
`U 3
`
`E]
`
`3
`
`Foreign Nation
`
`El 6
`
`El 6
`
`IV. NATURE OF SUIT (Place an "X" in One Box Only)
`
`
`
`
`
`
`
`
`
`
`REAL PROPERTY
`i 210 Land Condemnation
`E] 220 Foreclosure
`D 230 Rent Lease & Ejectrnent
`D 240 Torts to Land
`CI 245 Tort Product Liability
`D 290 All Other Real Property
`
`OTHER STATUTES
`
`
`
`El 375 False Claims Act
`PERSONAL INJURY
`D 110 Insurance
`D 422 Appeal 23 USC 158
`PERSONAL INJURY D 625 Drug Related Seizure
`
`El 310 Airplane
`El 120 Marine
`E] 423 Withdrawal
`El 365 Personal Injury -
`of Property 21 USC 881
`El 400 State Reapportionment
`
`
`
`
`I] 410 Antitrust
`U 315 Airplane Product
`El 130 Miller Act
`28 USC 157
`Product Liability
`E] 690 Other
`
`
`
`U 430 Banks and Banking
`Liability
`El 140 Negotiable Instrument
`E] 367 Health Care/
`
`
`
`El 450 Commerce
`El 150 Recovery of Overpayment D 320 Assault, Libel &
`Phamraceutical
`
`
`
`
`D 460 Deportation
`U 820 Copyrights
`& Enforcement of Judgment
`Slander
`Personal Injury
`
`
`D 470 Racketeer Influenced and
`El 330 Federal Employers’
`Product Liability
`I: 830 Patent
`I] 151 Medicare Act
`
`
`
`
`Corrupt Organizations
`Liability
`E] 368 Asbestos Personal
`E 840 Trademark
`D 152 Recovery of Defaulted
`
`
`[I 480 Consumer Credit
`E 340 Marine
`Injury Product
`Student Loans
`
`
`El 490 Cable/Sat TV
`[I 345 Marine Product
`Liability
`(Excludes Veterans)
`
`
`El 850 Securities/Conunodities/
`Liability
`PERSONAL PROPERTY I] 710 Fair Labor Standards
`I] 861 HIA (1395ff)
`El 153 Recovery of Overpayment
`
`
`
`Exchange
`
` I
`I] 862 Black Lung (923)
`of Veteran’s Benefits
`U 350 Motor Vehicle
`[I 370 Other Fraud
`Act
`
`E] 863 DIWC/DIWW (405(g)) D 890 Other Statutory Actions
`D 160 Stockholders’ Suits
`E] 355 Motor Vehicle
`El 371 Truth in Lending
`El 720 Labor/Management
`
`
`
`
`E] 864 SSID Title XVI
`El 190 Other Contract
`Product Liability
`U 380 Other Personal
`Relations
`El 891 Agricultural Acts
`
`
`
`
`
`I] 865 RSI (405(g))
`U 740 Railway Labor Act
`I: 195 Contract Product Liability
`El 360 Other Personal
`Property Damage
`El 893 Environmental Matters
`
`
`
`El 751 Family and Medical
`CI 196 Franchise
`Injury
`E] 385 Property Damage
`D 895 Freedom of Information
`
`
`
`D 362 Personal Injury -
`Product Liability
`Leave Act
`Act
`
`Medical Malpractice
`El 790 Other Labor Litigation
`I] 896 Arbitration
`
`
`
`FEDERAL TAX SUITS
`PRISONER PETITIONS
`CIVIL RIGHTS
`D 899 Administrative Procedure
`E] 791 Employee Retirement
`
`
`
`Income Security Act
`I 870 Taxes (US. Plaintiff
`Act/Review or Appeal of
`Habeas Corpus:
`i 440 Other Civil Rights
`
`
`El 463 Alien Detainee
`Agency Decision
`or Defendant)
`E] 441 Voting
`
`
`
`
`D 442 Employment
`El 510 Motions to Vacate
`I] 871 IRS—Third Party
`D 950 Constitutionality of
`
`
`
`
`State Statutes 26 USC 7609
`E] 443 Housing/
`Sentence
`
`
`
`Accommodations
`D 530 General
`
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`IMMIGRATION
`I] 445 Amer. w/Disabilities El 535 Death Penalty
`
`
`
`
`
`.
`‘ atura rzation App rcation
`
`
`Employment
`Other:
`D 446 Amer. w/Disabilities D 540 Mandamus & Other
`E] 465 Other Immigration
`Actions
`
`
`Other
`D 550 Civil Rights
`
`
`[3 448 Education
`El 555 Prison Condition
`
`
`
`E] 560 Civil Detainee -
`
`Conditions of
`Confinement
`
`V. ORIGIN (Place an "X” in One Box Only)
`5 Transferred from L_] 6 Multidistrict
`I_I 4 Reinstated or
`3 Remanded from
`M 1 Original.
`I_I 2 Removed from |_|
`specr
`Anotggr District
`Litigation
`Reopened
`Appellate Court
`Proceeding
`State Court
`
` Cite the US. Civil Statute under which you are filing (Do not citejurisdictional statutes unless diversity):
`VI. CAUSE OF
`15 USC. Section 1121
`
`Brief description of cause:
`ACTION
`
`Trademark infn'n ement
`
`L!
`
`
`
`
`VII. REQUESTED 1N
`El CHECK IF THIS Is A CLASS ACTION
`DEMAND s unspecified
`CHECK YES only ifdemanded in complaint:
`
`COMPLAINT:
`UNDER RULE 23, F.R-Cv.P~
`JURY DEMAND:
`Eves
`I] No
`
`VIII. RELATED CASE(S) (See 'n 1
`:
`ct"
`DOCKET NUMBER
`JUDGE
`IF ANY
`' S m ms)
`
`
`IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
`(Place an “X” in One Box Only)
`(X) SAN FRANCISCO/OAKLAND
`DATE
`SIGNATURE OF ATTORNEY OF RECORD
`March 12, 2015 /s/ Frear Stephen Schmid
`
`g ) SAN JOSE
`
`! ) EUREKA
`
`
`
`

`

`Case5:15-cv-01179—EJD Documentl—Z FiledO3/12/15 Pagel of2
`
`A0 440 (Rev. 06/12) Summons in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`Northern District of California
`
`SECURITY PEOPLE, INC.,
`Plaintiffls)
`v.
`
`Civil Action No.
`
`15-cv—1 179
`
`NEXTLOCK, LLC, DBA NEXTLOCK,
`Defendant(s)
`
`SUMMONS IN A CIVIL ACTION
`
`TO: (Defendant’s name and address)
`NEXTLOCK, LLC, DBA NEXTLOCK
`
`A lawsuit has been filed against you.
`
`Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
`are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
`P. 12 (a)(2) or (3) —— you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney,
`whose name and address are:
`
`FREAR STEPHEN SCHMID, CSB NO. 96089
`ATTORNEY AT LAW
`
`177 POST STREET, SUITE 890
`SAN FRANCISCO, CA 94108
`
`TELEPHONE: (415) 788-5957, FACSIMILE: (415) 788-5958, EMAIL: frearschmid@aol.com
`
`If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
`You also must file your answer or motion with the court.
`
`Date:
`Signature of Clerk or Deputy Clerk
`
`CLERK OF COURT
`
`

`

`CaseS:15—cv—01179-EJD Documentl-Z Filed03/12/15 PageZ of2
`
`A0 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not befiled with the court unless required by Fed. R. Civ. P. 4 (1))
`
`PROOF OF SERVICE
`
`This summons for (name ofindividual and title, ifany)
`
`was received by me on (date)
`
`C] I personally served the summons on the individual at (place)
`
`
`
` on (date) ; or
`
`El I left the summons at the individual’s residence or usual place of abode with (name)
`
`on (date)
`
`, and mailed a copy to the individual’s last known address; or
`
`, a person of suitable age and discretion who resides there,
`
`D I served the summons on (name ofindividual)
`
`, who is
`
`designated by law to accept service of process on behalf of (name oforganization)
`
`
`
`on (date)
`
`; or
`
`Cl I returned the summons unexecuted because
`
`
`
`; or
`
`D Other (specifiz):
`
`
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server ’5 signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc:
`
`

`

`Awl\)
`\OWNCAUI
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`PROOF OF SERVICE BY MAIL
`
`1 am a citizen of the United States and employed in Marin County, California.
`
`I am over
`
`the age of eighteen years and not a party to the within-entitled action. My business address is 80
`
`East Sir Francis Drake Boulevard, Suite 2M, Larkspur, California 94939-1709.
`
`I am readily
`
`familiar with this firm’s practice for collection and processing of correspondence for mailing with
`
`the United States Postal Service. On April 28, 2015, I placed with this firm at the above address
`
`for deposit with the United States Postal Service a true and correct copy of the within
`
`document(s):
`
`Registrant’s Response to Board Order Regarding Motion to Suspend Pending Termination
`
`of Related Federal Trademark Litigation
`
`in a sealed envelope, postage fully paid, addressed as follows:
`
`JOSHUA M GERBEN
`
`GERBEN LAW FIRM PLLC
`IOSO CONNECTICUT AVE NW, 10TH FLOOR
`WASHINGTON, DC 20036
`UNITED STATES
`
`Following ordinary business practices, the envelope was sealed and placed for collection
`
`and mailing on this date, and would, in the ordinary course of business, be deposited with the
`
`United States Postal Service on this date.
`
`I declare under penalty of perjury under the laws of the State of California that the above
`
`is true and correct.
`
`Executed on April 28, 2015, at Larkspur, California.
`
`
`
` Elizabeth Kerslake
`
`
`
`