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`ESTTA Tracking number:
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`ESTTA1225336
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`Filing date:
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`07/29/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`92075125
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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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`Plaintiff
`Rascal House, Inc.
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`JOHN SKERIOTIS
`EMERSON THOMSON BENNETT LLC
`1914 AKRON PENINSULA RD
`AKRON, OH 44313
`UNITED STATES
`Primary email: jms@etblaw.com
`Secondary email(s): iplaw@etblaw.com, bah@etblaw.com, sv@etblaw.com
`330-434-9999
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`Stipulated/Consent Motion to Extend
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`John Skeriotis
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`jms@etblaw.com, bah@etblaw.com, iplaw@etblaw.com
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`/John Skeriotis/
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`07/29/2022
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`Attachments
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`220729 Petitioners Consented Motion for Extension.pdf(102303 bytes )
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`Cancellation No.: 92075125
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
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`Rascal House, Inc.,
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`v.
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`Jerry’s Famous Deli, Inc.,
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`Petitioner,
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`Registrant.
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`Cancellation Nos. 92075125 (Parent),
`92075180, and 92075185
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`CONSENTED MOTION FOR EXTENSION OF TIME TO FILE PETITIONER’S BRIEF
`IN RESPONSE TO REGISTRANT’S MOTION FOR SUMMARY JUDGMENT
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`Petitioner files this consented motion for extension of time to file Petitioner’s brief in
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`response to Registrant’s Motion for Summary Judgment (“Brief in Response”). Petitioner’s Brief
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`in Response is currently due on August 1, 2022. Petitioner requests that such date be extended
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`for 30 days, or until August 31, 2022. The only other pending date is Registrant’s Reply to
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`Petitioner’s Brief in Response, which is due 20 days from Petitioner’s Brief in Response.
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`(Trademark Trial and Appeal Board Manual of Procedure § 528.02.) Petitioner filed an
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`Unopposed Motion for Extension on July 26, 2022, but has not received a ruling on it from the
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`Board. Petitioner now files a Consented Motion for Extension. Petitioner reached out to counsel
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`for Registrant and asked if it would consent to Petitioner filing a Consented Motion for
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`Extension—Registrant has consented. Registrant clarified that Registrant thought it had
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`already given consent for the July 26 Motion for Extension.
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`Good cause exists for this request. Petitioner is unable to fully respond to Registrant’s
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`Motion during the assigned time period due to Petitioner’s current workload. Petitioner’s counsel
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`has a hearing on a Motion for Preliminary Injunction currently scheduled for August 4 and 5,
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`Page 1 of 3
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`Cancellation No.: 92075125
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`2022 in State Court and is currently working over the next two weeks in preparation for the
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`hearing, which includes taking and defending depositions for the rest of this week and part of
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`next week. In addition, next week will consist of preparing for such hearing by preparing
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`witnesses and closing arguments and attending the actual hearing itself.
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`Petitioner’s counsel also has discovery requests in a patent infringement federal court
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`litigation pending in Nevada that also requires Petitioner’s immediate attention after the above-
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`mentioned preliminary injunction hearing that will take approximately 1-2 weeks.
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`As such, Petitioner’s counsel respectfully requests that this Motion be granted for the good
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`cause shown and Registrant’s consent. Should the Board require any further information
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`regarding the above, Petitioner’s counsel shall provide such information.
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`Respectfully submitted,
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`EMERSON, THOMSON & BENNETT, LLC
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`/John M. Skeriotis/
`John M. Skeriotis (Ohio Bar # 0069263)
`jms@etblaw.com
`1914 Akron-Peninsula Rd.
`Akron, OH 44313
`(330) 434-9999 – Telephone
`(330) 434-8888 – Facsimile
`Counsel for Petitioner Rascal House, Inc.
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`Page 2 of 3
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`Cancellation No.: 92075125
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`CERTIFICATE OF SERVICE
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`I hereby certify that on July 29, 2022, the foregoing was served electronically upon the following:
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`David K. Friedland
`DKF@friedlandvining.com
`Friedland Vining, P.A.
`6619 S. Dixie Highway
`Suite 157
`Miami, Florida 33143
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`Jaime Vining
`JRV@friedlandvining.com
`Friedland Vining, P.A.
`6619 S. Dixie Highway
`Suite 157
`Miami, Florida 33143
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`trademarks@friedlandvining.com
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`/John M. Skeriotis/
`John M. Skeriotis
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`Page 3 of 3
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