Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1255867
`
`Filing date:
`
`12/21/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92080981
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`LIGHTFOX GAMES, INC.
`
`LIGHTFOX GAMES, INC.
`107 SPRING ST.
`SEATTLE, WA 98104
`UNITED STATES
`Primary email: uspto-notifications@perkinscoie.com
`No phone number provided
`
`Answer
`
`Patchen M. Haggerty
`
`pctrademarks@perkinscoie.com, phaggerty@perkinscoie.com,
`sblum@perkinscoie.com, cmacgregor@perkinscoie.com
`
`/Patchen M. Haggerty/
`
`12/21/2022
`
`Attachments
`
`Answer to Petition for Cancellation - KNIGHT_S EDGE.pdf(113992 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1255867
`
`Filing date:
`
`12/21/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92080981
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Defendant
`LIGHTFOX GAMES, INC.
`
`LIGHTFOX GAMES, INC.
`107 SPRING ST.
`SEATTLE, WA 98104
`UNITED STATES
`Primary email: uspto-notifications@perkinscoie.com
`No phone number provided
`
`Answer
`
`Patchen M. Haggerty
`
`pctrademarks@perkinscoie.com, phaggerty@perkinscoie.com,
`sblum@perkinscoie.com, cmacgregor@perkinscoie.com
`
`/Patchen M. Haggerty/
`
`12/21/2022
`
`Attachments
`
`Answer to Petition for Cancellation - KNIGHT_S EDGE.pdf(113992 bytes )
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`________________________________________
`
`EDGE GAMES, INC.,
`
`
`
`
`
`Petitioner,
`
`v.
`
`LIGHTFOX GAMES, INC.,
`
`
`
`Registrant.
`
`
`
`
`Cancellation No. 92080981
`Registration No. 6783655
`
`
`
`ANSWER TO PETITION FOR CANCELLATION
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`Registrant Lightfox Games, Inc., (“Registrant”) hereby responds to the Petition for
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`Cancellation (the “Petition”) filed November 12, 2022, by EDGE Games, Inc. (“Petitioner”) as
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`follows:
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`Registrant denies that Petitioner is and will continue to be damaged by U.S. Registration
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`No. 6783655 for the mark KNIGHT’S EDGE (the “’655 Registration”).
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`1.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 1 and therefore denies the same.
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`2.
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`Registrant admits that Petitioner is listed as the owner of record of U.S. Registration
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`No. 5934761 for the mark EDGE GAMES (subject to pending U.S. Cancellation No. 92075393),
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`U.S. Registration No. 5987060 for the mark EDGE PC and U.S. Registration No. 5934761 for the
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`mark EDGE GAMING PC, as identified in Paragraph 2 of the Petition (the “Petitioner’s
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`Registrations”). Registrant lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations of Paragraph 2 and therefore denies the same.
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`3.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth
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`159211189.1
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`1
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`of the allegations of Paragraph 3 of the Petition and therefore denies the same.
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`4.
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`Registrant admits that each of Petitioner’s Registrations were filed before the
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`claimed first use date of the ’655 Registration. Registrant lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations of Paragraph 4 and therefore
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`denies the same.
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`5.
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`Registrant admits that Petitioner is listed as the owner of record of U.S. Application
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`S/N 86538581 for the mark EDGE (subject to pending U.S. Opposition No. 91266066), U.S.
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`Application S/N 90686518 for the mark THE EDGE (suspended) and U.S. Application S/N
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`97064385 for the mark EDGE (suspended and refused), as identified in Paragraph 5 of the Petition
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`(the “Petitioner’s Applications”). Registrant lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations of Paragraph 5 and therefore denies the same.
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`6.
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`Registrant admits that Petitioner’s U.S. Application S/N 86538581 was filed
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`February 18, 2015, which is earlier than the claimed first use date of the ’655 Registration.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth of the
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`remaining allegations of Paragraph 6 and therefore denies the same.
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`7.
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`Paragraph 7 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 7.
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`8.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 8 and therefore denies the same.
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`9.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations in Paragraph 9 and therefore denies the same. To the extent a response is
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`required, Registrant denies the allegations of Paragraph 9.
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`10.
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`Paragraph 10 contains legal conclusions to which no response is required, as well
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`159211189.1
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`2
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`as various allegations. Registrant lacks knowledge or information sufficient to form a belief as to
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`the truth of the allegations in Paragraph 10 and therefore denies the same. To the extent a response
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`is required, Registrant denies the allegations of Paragraph 10.
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`11.
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`Registrant admits that its business is located at 107 Spring St., Seattle, WA 98104.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth of the
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`remaining allegations of Paragraph 11 and therefore denies the same.
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`12.
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`Registrant admits the allegations of Paragraph 12, with the exception of the defined
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`term “services” therein. The ’655 Registration covers goods in International Class 9 such that
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`Registrant denies that the ’655 Registration covers “services.”
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`13.
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`Registrant admits that the claimed first use date in commerce in the ’655
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`Registration is September 8, 2021. Registrant lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations of Paragraph 13 regarding Petitioner’s use history
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`and therefore denies the same.
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`14.
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`Registrant denies the allegations of Paragraph 14.
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`15.
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`Registrant denies the allegations of Paragraph 15.
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`16.
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`Registrant denies the allegations of Paragraph 16.
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`17.
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`Registrant denies the allegation that Registrant has acquired no appreciable
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`goodwill in relation to its use of the KNIGHT’S EDGE mark and lacks knowledge or information
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`sufficient to form a belief as to the well-known nature of Petitioner, its marks or the extent of its
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`goodwill. The remainder of Paragraph 17 contains legal conclusions to which no response is
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`required; to the extent a response is required, Registrant denies the allegations of Paragraph 17.
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`18.
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`Registrant denies the allegations of Paragraph 18.
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`19.
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`Registrant admits that the depiction of Registrant’s mark in the context of the filed
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`159211189.1
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`3
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`
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`specimen of use includes the image presented in Paragraph 19 but lacks knowledge or information
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`sufficient to form a belief as to Petitioner use of its marks. The remainder of Paragraph 19 contains
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`legal conclusions to which no response is required; to the extent a response is required, Registrant
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`denies the allegations of Paragraph 19.
`
`20.
`
`Registrant incorporates by reference the responses presented in Paragraphs 1
`
`through 19, supra.
`
`21.
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`Registrant lacks knowledge or information sufficient to form a belief as to the truth
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`of the allegations of Paragraph 21 and therefore denies the same.
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`22.
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`Paragraph 22 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 22.
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`23.
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`The first sentence of Paragraph 23 regarding goods scope contains legal
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`conclusions to which no response is required; to the extent a response is required, Registrant denies
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`the allegations. Registrant lacks knowledge or information sufficient to form a belief as to the truth
`
`of the second sentence of Paragraph 23 relating to channels of trade and therefore denies the same.
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`24.
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`Paragraph 24 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 24.
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`25.
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`Paragraph 25 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 25.
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`26.
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`Paragraph 26 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 26.
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`27.
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`Registrant incorporates by reference the responses presented in Paragraphs 1
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`through 26, supra.
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`28.
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`Registrant admits that Exhibit A to the Petition as presented in Paragraph 28 is an
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`159211189.1
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`4
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`accurate representation of the application for the ’655 Registration based on USPTO records.
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`Registrant denies that the referenced application, which was filed on an intent-to-use basis, reflects
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`an assertion regarding a date of first use.
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`29.
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`Registrant denies the allegations of Paragraph 29. Petitioner’s allegations regarding
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`specimens of use and use dates at the time of filing are nonsensical, as the application supporting
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`the ’655 Registration was filed on an intent-to-use basis and no such specimens were initially filed.
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`30.
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`Registrant denies the allegations of Paragraph 30.
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`31.
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`Registrant incorporates by reference the responses presented in Paragraphs 1
`
`through 30, supra.
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`32.
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`Registrant admits that Registrant lacked use of the KNIGHT’S EDGE mark at the
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`time of filing of the application for the ’655 Registration. Registrant denies Petitioner’s allegation
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`in Paragraph 32 that Registrant made such a claim of use at the time of filing.
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`33.
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`Registrant denies the allegations of Paragraph 33 with respect to the Registrant’s
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`alleged lack of use of the KNIGHT’S EDGE mark as of September 8, 2021. The remainder of
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`Paragraph 33 contains legal conclusions to which no response is required; to the extent a response
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`is required, Registrant denies the allegations of Paragraph 33.
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`34.
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`Paragraph 34 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 34.
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`35.
`
`Registrant incorporates by reference the responses presented in Paragraphs 1
`
`through 34, supra.
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`36.
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`Paragraph 36 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of Paragraph 36.
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`37.
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`Registrant denies the allegations of Paragraph 37.
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`159211189.1
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`5
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`38.
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`Registrant denies the allegations of Paragraph 38.
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`39.
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`Registrant denies the allegations of Paragraph 39.
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`40.
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`Paragraph 40 contains legal conclusions to which no response is required. To the
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`extent a response is required, Registrant denies the allegations of paragraph 40.
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`AFFIRMATIVE DEFENSES
`
`1.
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`Registrant reserves the right to amend its Answer to add affirmative defenses or
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`counterclaims that are not now known but may later become known through discovery or other
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`means.
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`WHEREFORE Registrant prays that this Petition for Cancellation be denied.
`
`
`
`
`
`
`
`
`
`
`
`Dated: December 21, 2022
`
`
`
`Respectfully Submitted,
`Perkins Coie LLP
`
`By: /s/Patchen M. Haggerty
`Patchen M. Haggerty
`Stefan B. Blum
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101
`(206) 359-8614
`phaggerty@perkinscoie.com
`ATTORNEYS FOR APPLICANT
`NIKKI ESLAMI
`
`
`159211189.1
`
`6
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing ANSWER was sent via email, on
`December 21, 2022 to Petitioner as follows:
`
`TIM LANGDELL
`EDGE GAMES, INC
`530 SOUTH LAKE AVENUE 171
`PASADENA, CA 91101
`UNITED STATES
`edgegames@gmail.com
`
`
`/s/Patchen M. Haggerty
`Patchen M. Haggerty
`Attorney for Registrant
`
`
`
`
`
`159211189.1
`
`7
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