Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1196075
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`Filing date:
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`03/11/2022
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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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`92078700
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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
`Jam City, Inc.
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`JAM CITY, INC.
`3562 EASTHAM DRIVE
`CULVER CITY, CA 90232
`UNITED STATES
`Primary email: tmclients@cooley.com
`No phone number provided
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`Other Motions/Submissions
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`Andrea Anderson
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`AAnderson@hollandhart.com, TKHawkes@hollandhart.com, dock-
`et@hollandhart.com, ceradoci@hollandhart.com
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`/Andrea Anderson/
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`03/11/2022
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`Attachments
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`Motion to Set Aside Default.pdf(109966 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Petitioner,
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`HASBRO, INC.,
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`v.
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`JAM CITY, INC.,
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`Respondent.
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`Cancellation No.: 92078700
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`Mark: WORLD WAR DOH
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`Registration No.: 6037670
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`MOTION TO SET ASIDE DEFAULT
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`Respondent Jam City, Inc., by and through its counsel, submits this motion in response to
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`the Board’s Notice of Default of February 10, 2022. Because Respondent’s delay in answering
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`was unintentional, Respondent respectfully requests that the Board set aside its Notice of
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`Default, accept Respondent’s Answer, and reset the proceeding schedule accordingly.
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`Pursuant to Federal Rule of Civil Procedure 55(c) and TMBP § 312.02, good cause for
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`discharging default is generally found if: (1) the delay in answering is not the result of willful
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`conduct or gross neglect; (2) the delay will not result in substantial prejudice to the opposing
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`party; and (3) the defendant has a meritorious defense. Fred Hayman Beverly Hills, Inc. v.
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`Jacques Bernier, Inc., 21 USPQ2d 1556, 1557 (TTAB 1991).
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`Here, the relevant facts establish good cause for discharging default. Respondent’s delay
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`was entirely unintentional. It appears that the Petition for Cancellation and the Board’s Order
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`instituting proceedings were sent only by email to the “Correspondent email” address for one of
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`Respondent’s outside counsel. Due to a miscommunication between Respondent and this
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`counsel, Respondent was unaware of the filing of the Petition or the Board’s Order setting a
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`response deadline. The first Respondent heard of this action was the Notice of Default, which its
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`counsel forwarded. There was no intent to disregard the Board’s Order, rules, or deadlines;
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`Respondent was simply not aware of the proceedings due to a miscommunication with counsel.
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`Respondent’s slight delay will work no substantial prejudice on Petitioner’s ability to
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`prosecute its case, and significantly, Respondent has a meritorious defense. Among other facts
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`rendering confusion unlikely, the parties’ respective marks PLAY DOH and WORLD WAR
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`DOH differ significantly in appearance, pronunciation, and meaning, and Respondent’s mobile
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`game software differs significantly from Petitioner’s modeling compound and related products.
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`DeLorme Publ’g Co. v. Eartha’s Inc., 60 USPQ2d 1222, 1224 (TTAB 2000) (all that is
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`necessary to establish a meritorious defense are plausible responses to the allegations in the
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`petition). Finally, because it is the policy of the law to decide cases on their merits, default
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`judgments for failure to timely answer are disfavored by the Board. See TMBP § 312.02
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`(“[T]he Board must be mindful of the fact that it is the policy of the law to decide cases on their
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`merits. Accordingly, the Board is very reluctant to enter a default judgment for failure to file a
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`timely answer, and tends to resolve any doubt on the matter in favor of the defendant.”)
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`For all these reasons, Respondent respectfully submits that good cause exists for setting
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`aside default and requests that the Board accept the Answer filed concurrently with this motion
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`and reset the proceeding schedule accordingly.
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`Dated: March 11, 2022.
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`Respectfully submitted,
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`/s/ Andrea Anderson
`Andrea Anderson
`Tara Hawkes
`HOLLAND & HART LLP
`P.O. Box 8749
`Denver, Colorado 80201
`Phone: (303) 473-2861
`AAnderson@hollandhart.com
`TKHawkes@hollandhart.com
`docket@hollandhart.com
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`ATTORNEYS FOR RESPONDENT
`ATTORNEYS FOR RESPONDENT
`JAM CITY, INC.
`JAM CITY, INC.
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`CERTIFICATE OF SERVICE
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` I
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` certify that on March 11, 2022, I served a copy of the above Motion to Set Aside
`Default to the Petitioner’s representative as identified in the correspondence address of record
`via email to:
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`Catherine M.C. Farrelly
`Frankfurt Kurnit Klein & Selz PC
`28 Liberty Street
`New York, NY 10005
`pto@fkks.com, alaroui@fkks.com
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`/s/Craig Radoci
`Craig Radoci
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`18332967_v1
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