Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1267189
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`Filing date:
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`02/21/2023
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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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`92081010
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`Party
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`Correspondence
`address
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`Plaintiff
`EDGE Games, Inc.
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`TIM LANGDELL
`EDGE GAMES INC
`530 SOUTH LAKE AVENUE 171
`PASADENA, CA 91101
`UNITED STATES
`Primary email: edgegames@gmail.com
`Secondary email(s): edgegames@gmail.com
`626-824-0097
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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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`Opposition/Response to Motion
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`Tim Langdell
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`edgegames@gmail.com
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`/Tim Langdell/
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`02/21/2023
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`Attachments
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`Opposition to Motion to Set Aside and Reopen.pdf(493703 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Cancellation No.: 92081010
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`In the Matter of Registration No. 5,944,855
`For the Mark: SHADOW’S EDGE
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`EDGE GAMES, INC.
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`Petitioner,
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`THE GIVING BACK FUND, INC.,
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`Respondent.
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`Assistant Commissioner for
`Trademarks P.O. Box 1451
`Alexandria, VA 22313-1451
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`PETITIONER’S OPPOSITION TO RESPONDENT’S MOTION TO SUBSTITUTE
`PARTY, SET ASIDE NOTICE OF DEFAULT, AND MOTION FOR
`LEAVE TO REOPEN AND TO FILE ANSWER
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`Comes Petitioner EDGE Games Inc and opposes Respondent’s motion. Respondent requests
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`the Board reject the Motion in its entirety.
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`Petitioner notes that it has 20 days to file an opposition to the Motion before the Board makes
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`a decision on the Motion. This Opposition is thus timely filed.
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`Petitioner notes most crucially that there is absolutely no evidence before the Board that any
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`assignment of the trademark in question took place on March 1, 2022 or at any other time prior to
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`February 8, 2023, other than the date being stated in the alleged February 2023 assignment. On its
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`face, then, in the absence of proof that an assignment actually did take place on March 1, 2022, it
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`must be assumed that the parties did not do any such assignment prior to February 8, 2023 and
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`having just realized that they failed to do an assignment, are fraudulently seeking to deceive the
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`Board into believing that an assignment took place in the past by inserting the March 1, 2022 date
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`into the February 8, 2023 document.
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`If there had been an actual assignment on March 1, 2022 then one would reasonably expect
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`some proof of such an assignment to be presented along with the Motion, but there is no such
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`proof. Until and unless such proof is provided, the Board should not and cannot take the document
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`filed on February 8, 2023 as any kind of ‘proof’ that an assignment took place before the default
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`decision was entered on January 25, 2023. Accordingly, the Motion should be denied.
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`In support of its Opposition to Motion, Petitioner also notes that as at today’s date (February
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`21, 2023) the game titled ‘Shadow’s Edge” that is purported to be the basis for the trademark in
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`question is still stated to be owned and sold by “Resonance House, LLC”, the original applicant
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`for the mark. There is no public evidence whatsoever of assignment either from Resonance House
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`to Community Initiatives, or from Community Initiatives to The Giving Back Fund – if any
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`assignment had taken place why would the game in question still be being sold by Resonance
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`House LLC on the Apple AppStore to this day?
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`Until and unless there is clear proof that any assignment took place prior to February 8, 2023,
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`and that the date stated in the assignment of March 1, 2022 is not merely an attempt to back-date
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`an assignment that the parties forgot to do, then the Motion should be denied and the default
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`decision remain in place.
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`Dated: February 21, 2023
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`Respectfully submitted by:
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`/s/ Tim Langdell__________
`CEO, Edge Games, Inc.
`530 South Lake Avenue, #171
`Pasadena, CA 91101
`Telephone: 626 824 0097
`Email: edgegames@gmail.com
`Petitioner in pro se.
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`By:
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`CERTIFICATE OF SERVICE
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`I hereby certify that pursuant to CFR 2.101(b), on February 21, 2023 a true and correct copy of
`the foregoing PETITIONER’S OPPOSITION TO RESPONDENT’S MOTION TO
`SUBSTITUTE PARTY, SET ASIDE NOTICE OF DEFAULT, AND MOTION FOR
`LEAVE TO REOPEN AND TO FILE ANSWER served via email on Respondent’s counsel:
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`Rebeccah Gan:
`rgan@mg-ip.com, maryfran@mg-ip.com, swr@mg-ip.com, cemond@mg-ip.com
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`/Tim Langdell/____________
`Dr. Tim Langdell
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`February 21, 2023
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