Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1093513
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`Filing date:
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`11/05/2020
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`92075009
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`Party
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`Correspondence
`Address
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Defendant
`Life Spine, Inc.
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`TRICIA SCHULZ
`FOLEY & LARDNER LLP
`150 E GILMAN STREET
`SUITE 5000
`MADISON, WI 53703
`UNITED STATES
`Primary Email: ipdocketing@foley.com
`Secondary Email(s): tschulz@foley.com, jevers@foley.com
`6082584204
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`Other Motions/Submissions
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`Tricia L. Schulz
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`tschulz@foley.com, ipdocketing@foley.com, jevers@foley.com
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`/tschulz/
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`11/05/2020
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`Attachments
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`Response to Notice of Default - GHOST 4820-9984-5584 v.2.pdf(116372 bytes )
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`ATTY/DOCKET NO. 053349-TBD
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`3208556
`In the Matter of Trademark Reg. No.:
`GHOST
`Mark:
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`February 13, 2007
`Registered:
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`Paragon 28, Inc.,
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`Petitioner
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`Life Spine, Inc.
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`Registrant
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`Cancellation No.: 92075009
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`RESPONSE TO NOTICE OF DEFAULT
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`Registrant, by its attorney, hereby responds to the Notice of Default issued by the
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`Trademark Trial and Appeal Board on October 8, 2020, and respectfully requests based on the
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`good cause shown herein that the Notice of Default should be set aside and default judgment
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`should not be entered against the Respondent in the subject Cancellation proceeding. See TBMP
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`§ 312.02; Fed. R. Civ. P. 55(c).
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`As grounds in support of this request, Respondent notes that, based on the
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`TTABVUE online records, the Board appears to have served a copy of the Notice of Institution
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`to Respondent only via U.S. mail to Respondent’s physical mailing and does not appear to have
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`served a copy of the Notice of Institution to the Respondent or its former counsel of record via
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`email using the correspondent information and email address that were listed for the
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`Respondent’s registration. Upon information and belief, Respondent either did not receive, or
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`was not aware that it received, the mailed Notice of Institution. Respondent further submits that
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`it was thus unaware that the subject Cancellation proceeding was pending, and was also unaware
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`of any deadlines associated therewith, until it received the Notice of Default. Respondent
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`forwarded a copy of the Notice of Default to its current counsel, Foley & Lardner LLP, on
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`October 13, 2020, and a change of correspondence was filed on November 2, 2020 and served on
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`the Petitioner.
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`4820-9984-5584.2
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`1
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`ATTY/DOCKET NO. 053349-TBD
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`Registrant is not filing an Answer herewith because Petitioner, through its counsel
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`of record in this proceeding, consented to the following via email on November 4, 2020: a
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`discharge of the Notice of Default, resetting the Answer and all subsequent case deadlines, and a
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`suspension of the reset case deadlines for 60 days pursuant to TBMP § 510.03 and 37 CFR §
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`2.117(c). The parties are currently engaged in settlement discussions that, if successful, will
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`result in the termination of this proceeding. Suspension is requested in order to allow the parties
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`additional time to explore an amicable settlement.
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`Registrant respectfully submits it has shown good cause why default judgment
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`should not be entered in this case, and thus requests that the Notice of Default be set aside
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`pursuant to TBMP § 312.02. The Registrant also requests that the Board reset the Answer and
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`all subsequent case deadlines and suspend the reset deadlines for 60 days. Petitioner has
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`consented to each of these requests, and granting them will serve the interests of judicial
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`economy and allow the parties to focus on their attempt to reach an amicable settlement
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`agreement that will hopefully result in the termination of this proceeding.
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`Respectfully submitted,
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`FOLEY & LARDNER
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`Dated: November 5, 2020
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` By:
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`Tricia L. Schulz
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`150 E. Gilman St.
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`Suite 5000
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`Madison, WI 53703
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`Attorneys for Registrant
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`4820-9984-5584.2
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`ATTY/DOCKET NO. 053349-TBD
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`CERTIFICATE OF SERVICE
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`I, Tricia Schulz, hereby certify that a true and complete copy of the foregoing
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`Respondent’s Response to Notice of Default was served on Petitioner’s correspondent of record
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`via e-mail at: john.boger@hrfmlaw.com, thomas.sica@hrfmlaw.com,
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`sandra.mills@hrfmlaw.com, nicole.mcclaine@hrfmlaw.com.
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`Dated: November 5, 2020
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`Tricia Schulz
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`4820-9984-5584.2
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`3
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