ESTTA Tracking number:
`
`ESTTA1341796
`
`Filing date:
`
`02/22/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92081334
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Microsoft Corporation
`
`JOHN L. KRIEGER
`DICKINSON WRIGHT PLLC
`3883 HOWARD HUGHES PARKWAY, SUITE 800
`LAS VEGAS, NV 89169
`UNITED STATES
`Primary email: trademarkslv@dickinsonwright.com
`Secondary email(s): jkrieger@dickinsonwright.com, cvil-
`lanueva@dickinsonwright.com
`702-550-4400
`
`Motion to Extend
`
`John L. Krieger
`
`TrademarksLV@dickinson-wright.com, jkrieger@dickinson-wright.com, cvil-
`lanueva@dickinsonwright.com
`
`/John L. Krieger/
`
`02/22/2024
`
`2024-02-22 Motion to Extend Deadline Cancellation No. 92081334.pdf(117112
`bytes )
`2024-02-22 Exhibits A and B.pdf(1673706 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`Cancellation No. 92081334
`
`Registration No. 5,766,386
`
`Mark: BLEEDING EDGE
`
`
`
`Petitioner,
`
`Respondent.
`
`EDGE GAMES, INC.
`
`
`
`
`
`MICROSOFT CORPORATION,
`
`
`
`
`
`
`MOTION FOR EXTENSION OF TIME TO RESPOND TO WRITTEN DISCOVERY
`
`Respondent Microsoft Corporation (“Respondent”), by and through its counsel, and
`
`
`
`pursuant to Trademark Rule 2.120(a)(3), 37 C.F.R. § 2.120(a)(3), hereby moves the Trademark
`
`Trial and Appeal Board (“Board”) to extend by an additional thirty (30) days the deadline for
`
`Respondent to respond to Petitioner Edge Games, Inc.’s (“Petitioner”) discovery requests dated
`
`January 23, 2024, namely, interrogatories, requests for production of documents, and requests for
`
`admission.
`
`RELEVANT FACTUAL BACKGROUND
`
`
`
`On January 9, 2023, Petitioner initiated this Cancellation action against Respondent
`
`based on the misguided notion Petitioner owns exclusive trademark rights to the term “edge” for
`
`everything and anything, including for goods and services it does not offer, or even alleges it
`
`offers. (1 TTABVUE.) Respondent filed a Motion to Dismiss certain claims asserted in the
`
`Petition for Cancellation on February 21, 2023 (4 TTABVUE), which the Board granted (8
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`TTABVUE). After Petitioner filed an Amended Petition for Cancellation on June 7, 2023 (9
`
`TTABVUE), Respondent filed its Answer on July 14, 2023 (11 TTABVUE). In an attempt to
`
`ascertain whether a resolution was possible, the parties entered into settlement discussions.
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`

`

`
`
`However, those discussion did not prove fruitful and the matter resumed with both sides serving
`
`their initial disclosures. On January 23, 2024, Petitioner served on Respondent its First Set of
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`Interrogatories, First Set of Requests for Production, and First Set of Requests for Admissions
`
`(collectively, “Written Discovery Requests”). See Exhibit A. Upon receipt of the Written
`
`Discovery Requests, Respondent diligently began evaluating the requests and instituting
`
`procedures to gather information and documentation sufficient to prepare its responses.
`
`Notably, Respondent is a large multinational corporation, with multiple stakeholders, and
`
`around 120,000 employees in the United States alone. Respondent’s information and
`
`documentation does not reside in just one place and with just one person. Respondent must pull
`
`information from multiple sources and employees. Moreover, the mark at issue in this case was
`
`assigned to Respondent by Ninja Theory Limited (“Ninja Theory”), a company Respondent
`
`acquired in or around 2018. Respondent must therefore communicate and work with Ninja
`
`Theory in order to locate responsive information and documents. Respondent has been diligently
`
`pulling documents and information together, however, for the foregoing reasons, it has not
`
`completed the process and needs additional time.
`
`On February 20, 2024, counsel for Respondent advised Petitioner that Respondent was
`
`still in the process of gathering the information and documentation requested in the Written
`
`Discovery Requests and would need additional time to respond. See Exhibit B, February 20,
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`2024 5:34 pm email. Counsel for Respondent requested a 30-day extension to respond to the
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`Written Discovery Requests, with a hope of possibly being able to respond sooner. Id. This was
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`Respondent’s first request for an extension of time related to the Written Discovery Requests.
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`Less than an hour later, Petitioner responded blatantly refusing to grant an extension, and tying
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`the reason for the refusal to Respondent’s unwillingness to settle the matter:
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`

`

`
`
`I do not think any extensions are appropriate. I do though ask again for your client to
`concede this matter so we can avoid any further time and costs.
`
`Id., at 6:13 pm email.
`
`
`
`Counsel for Respondent sent a follow-up email asking Petitioner to reconsider its position
`
`given that it was Respondent’s first request for an extension of time to respond to the Written
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`Discovery Requests and reminding Petitioner that the parties are required to work cooperatively
`
`during the discovery process. Id., at 9:32 pm email. Petitioner maintained its refusal, again
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`refusing to provide the extension as retaliation for Respondent not settling the matter. Id., at
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`February 21, 2024 9:28 am email. Given this response, Respondent diligently filed the instant
`
`motion before the end of the time period to respond to the discovery.
`
`LEGAL ANALYSIS
`
`Pursuant to Trademark Rule 2.120(a)(3), 37 C.F.R. § 2.120(a)(3), the time to respond to
`
`written discovery requests may be extended upon stipulation of the parties, or upon motion
`
`granted by the Board, or by order of the Board. Pursuant to Fed. R. Civ. P. 6(b)(1)(A), made
`
`applicable to Board proceedings by Trademark Rule 2.116(a), 37 C.F.R. § 2.116(a), the
`
`appropriate standard for allowing an extension of a specified time period prior to the expiration
`
`of that period is “good cause.” Here, Respondent filed its motion to extend its time to respond to
`
`the Written Discovery Requests before the response period expired on February 22, 2024.
`
`Therefore, the proper standard to apply is “good cause.”
`
`Generally, the Board liberally grants extensions of time before the specified period has
`
`elapsed, so long as the moving party has not been guilty of negligence or bad faith and the
`
`privilege of extensions is not abused. See Am. Vitamin Prods., Inc. v. Dowbrands Inc., 22
`
`USPQ2d 1313, 1314 (TTAB 1992). Moreover, the Board expects the parties to cooperate with
`
`one another in the discovery process. Panda Travel Inc. v Resort Option Enterprises, Inc., 94
`
`

`

`
`
`USPQ2d 1789, 1791 (TTAB 2009) (“Each party has a duty to make a good faith effort to satisfy
`
`the reasonable and appropriate discovery needs of its adversary.”).
`
`Here, Respondent has not been negligent and has not acted in bad faith. Respondent is a
`
`large multinational corporation, with multiple stakeholders, and around 120,000 employees in
`
`the United States alone. As stated above, Respondent must pull information from multiple
`
`sources and employees. Moreover, the mark at issue in this case was assigned to Respondent by
`
`Ninja Theory, a company Respondent acquired in or around 2018. As such, Respondent must
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`communicate with Ninja Theory Limited to locate responsive information and documents.
`
`Respondent has been diligently pulling documents and information together, however, for these
`
`reasons, it has not completed the process and needs additional time.
`
`Further, Respondent has not acted in bad faith as this was Respondent’s first request to
`
`extend the deadline to respond to the Written Discovery Requests. Trans-High Corp. v. JFC
`
`Tobacco Corp., 127 USPQ2d 1175 (TTAB July 2, 2018) (granting applicant’s motion to extend
`
`time to respond to discovery where there was no evidence of bad faith by applicant and applicant
`
`had not abused the extension process as it was the first request); Am. Vitamin Prods., Inc., 22
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`USPQ2d at 1314. This is certainly not a case where a party has rested on its laurels and abused
`
`the process by asking for numerous extensions. Amazon Techs., Inc. v. Foxconn Interconnect
`
`Tech. Ltd., 2019 WL 259580, at *3 (TTAB Jan. 16, 2019) (no good cause for extension of
`
`discovery deadline where applicant failed to “take advantage of the first five and a half months
`
`of discovery”.). In fact, it is Petitioner who acted in bad faith by refusing to grant the extension
`
`to punish Respondent for not agreeing to settle the matter on Petitioner’s terms.
`
`Based on the record, Respondent has demonstrated the requisite good cause to warrant its
`
`requested extension and respectfully requests that the Board grant Respondent a thirty (30) day
`
`

`

`
`
`extension to respond to the Written Discovery Requests.
`
`Dated: February 22, 2024.
`
`
`
`
`
`Respectfully submitted,
`
`DICKINSON WRIGHT PLLC
`
`/John L. Krieger/_____________
`John L. Krieger, Esq.
`Cindy A. Villanueva, Esq.
`jkrieger@dickinsonwright.com
`cvillanueva@dickinsonwright.com
`trademarkslv@dickinsonwright.com
`3883 Howard Hughes Parkway, Suite 800
`Las Vegas, Nevada 89169
`(702) 550-4400 (phone)
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`I hereby certify that a true and correct copy of MOTION FOR EXTENSION OF TIME
`
`TO RESPOND TO WRITTEN DISCOVERY is being filed electronically with the United
`
`States Patent and Trademark Office Trademark Trial and Appeal Board and being served by
`
`electronic mail, this 22nd day of February 2024 via email as follows:
`
`
`Tim Langdell
`EDGE GAMES, INC.
`1141 S. Oakland Avenue 171
`Pasadena, CA 91106
`Email: edgegames@gmail.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Ashley B. Moretto
`An Employee of Dickinson Wright PLLC
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`

`

`John L. Krieger
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Dear John and colleagues,
`
`Tim@Edge <edgegames@gmail.com>
`Tuesday, January 23, 2024 7:35 PM
`TrademarksLV; John L. Krieger (he/him/his); Cindy A. Villanueva
`edgegames@gmail.com
`EDGE Games v. Microsoft; Cancellation No 92081334 for BLEEDING EDGE
`
`Please find attached by way of service, Petitioner's first set of discovery requests.
`
`Frankly, although we were aware that the underlying game BLEEDING EDGE did not sell well, we were
`nonetheless surprised to discover that it essentially died within a month of release in 2020. Fewer than 10
`players a month have been playing the game for several years now. We remain hopeful that Microsoft will
`consider an amicable resolution to this matter.
`
`Kind regards,
`Tim
`
`Dr Tim Langdell CEO
`EDGE Games Inc
`Petitioner in pro se
`626 824 0097
`
`1
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`EDGE GAMES, INC.
`
`
`Cancellation No. 92081334
`
`
`
`
`Registration No. 5,766,386
`
`
`
`
`Mark: BLEEDING EDGE
`
`
`MICROSOFT CORPORATION,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`Petitioner,
`
`Respondent.
`
`
`
`
`
`PETITIONER’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO RESPONDENT
`
`Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure and Rules 2.116 and
`
`2.120 of the Trademark Rules of Practice, Petitioner, EDGE Games, Inc. (“Petitioner”), in pro se,
`
`hereby requests that Respondent Microsoft Corporation (“Respondent”) produce for inspection
`
`and copying the following documents and other tangible things within the possession, custody, or
`
`control of Respondent. These documents and things (or copies of them) should be produced to
`
`Petitioner by electronic transmission within 30-days of service of this document.
`
`As used herein, the following definitions apply:
`
`DEFINITIONS
`
`1.
`
`2.
`
`“Petitioner” means EDGE Games, Inc.
`
`“Respondent,” “You”, or “Your” means Microsoft Corporation. and
`
`its
`
`predecessors, successors, assigns, parents, subsidiaries and divisions, affiliates, partners, and all
`
`past and present officers, directors, employees, partners, corporate parents, subsidiaries, affiliates,
`
`agents, and representatives.
`
`3.
`
`4.
`
`“Cancellation” means this Board proceeding Cancellation No. 92081334.
`
`“Amended Petition” means the Amended Petition for Cancellation filed by
`
`1
`
`

`

`Petitioner on June 7, 2023.
`
`5.
`
`“Petitioner’s Marks” means the EDGE and EDGE-formative marks as described by
`
`Petitioner in paragraphs 2, 4 and 24 of the Amended Petition, as follows: EDGE PC, EDGE
`
`GAMES, EDGE GAMING PC, EDGE, THE EDGE, MAGIC EDGE, CUTTING EDGE, OVER
`
`THE EDGE, EDGE 3D, GAMING EDGE, EDGE GAMERS, CROSS EDGE, PLANET’S EDGE,
`
`EDGE OF TWILIGHT, LEADING EDGE, DOUBLE EDGE, SOUND EDGE, EDGE
`
`PRODUCTIONS.
`
`6.
`
`“Petitioner’s Goods and Services” means the goods and services identified in
`
`Petitioner’s registration and pending applications for Petitioner’s Marks and in Petitioner’s
`
`Amended Petition that are being asserted in this Cancellation proceeding.
`
`7.
`
`“Respondent’s Mark” means the BLEEDING EDGE mark shown in U.S.
`
`Trademark Registration No. 5766386.
`
`8.
`
`“Respondent’s Goods and Services” means the goods and services identified in
`
`Respondent’s registration for Respondent’s Mark.
`
`9.
`
`“Communication” means any transmission, conveyance, or exchange of
`
`information, whether by oral, written, printed, recorded, filmed, electronic, or other means,
`
`including, but not limited to, discussions, conversations, interviews, negotiations, e-mails, text
`
`messages,
`
`facsimile
`
`transmissions,
`
`letters,
`
`confirmations,
`
`telephonic
`
`conversations,
`
`correspondence, notes, memoranda, advertisements, or other forms of written or verbal discourse,
`
`however transmitted.
`
`10.
`
`“Concerning” means related to, referring to, describing, evidencing, constituting or
`
`in any way involving.
`
`2
`
`

`

`11.
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`“Document” shall be synonymous in meaning and equal in scope to the usage of
`
`this term in Federal Rule of Civil Procedure 34(a). For example, the term “document” means all
`
`writings of any kind, including the originals and all non-identical copies, including without
`
`limitation, correspondence, memoranda, notes, diaries, statistics, data,
`
`letters, e-mails,
`
`attachments, telegrams, minutes, contracts, reports, studies, checks, statements, receipts, returns,
`
`summaries, pamphlets, books, interoffice and intra-office Communications, notations of any sort
`
`of conversations, telephone calls, meetings or other Communications, bulletins, printer matter,
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`computer printouts, electronic data, teletypes, telefax, invoices, worksheets, all drafts, alterations,
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`modifications, notations, changes and amendments of any of the foregoing, graphic or oral records
`
`or representations of any kind (including, without limitation, photographs, charts, graphs,
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`microfiche, microfilm, disks, electronic storage, video tapes, recordings, motion pictures) and any
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`electronic, mechanical, or electronic records or representations of any kind (including, without
`
`limitation, tapes, cassettes, discs, recordings, and computer memories).
`
`12.
`
`13.
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`“Each” means each and every.
`
`“Person” shall refer to any natural person, association, partnership, corporation,
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`organization, business trust, joint venture, receiver, estate syndicate or any other combination
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`acting as a unit or acting as a form of legal entity, including the parties to this suit and their officers,
`
`agents, employees and representatives.
`
`14.
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`“Third-party” or “Third-parties” means a Person or Persons other than Petitioner
`
`and Respondent.
`
`15.
`
`“Use in Commerce” is defined to be synonymous in meaning and equal in scope to
`
`the usage of that phrase in Section 45 of the Lanham Act (15 U.S.C. § 1127), namely:
`
`3
`
`

`

`The term “use in commerce” means the bona fide use of a mark in the ordinary
`course of trade, and not made merely to reserve a right in a mark. For purposes of
`this chapter, a mark shall be deemed to be in use in commerce—
`
`(1) on goods when—
`
`(A) it is placed in any manner on the goods or their containers or the displays
`associated therewith or on the tags or labels affixed thereto, or if the nature of
`the goods makes such placement impracticable, then on documents associated
`with the goods or their sale, and
`
`
`(B) the goods are sold or transported in commerce, and
`
`(2) on services when it is used or displayed in the sale or advertising of services and
`the services are rendered in commerce, or the services are rendered in more than
`one State or in the United States and a foreign country and the person rendering
`the services is engaged in commerce in connection with the services.
`
`16.
`
`“Identify” when referring to: (1) a natural person, means that person’s full name,
`
`present or last known address (including street name and number, city or town, state, zip code, and
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`telephone number), present or last known place of employment and title; and (2) a person other
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`than a natural person, means its full name and type of organization, and the address of its principal
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`place of business (including street name and number, city or town, state, zip code, and telephone
`
`number). Once a person has been identified in accordance with this subparagraph, only the name
`
`of that person need be listed in response to subsequent discovery requesting the identification of
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`that person.
`
`17.
`
`“Identify” when referring to a document means to state, to the extent known, the (i)
`
`type of document (e.g., letter, memorandum, e-mail); (ii) general subject matter of the document;
`
`(iii) date of the document; and (iv) author(s), addressee(s), and recipient(s).
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`18.
`
`“Identify” when referring to advertisements, promotional materials, and/or
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`marketing materials, means a description of the form and medium of the materials, the inclusive
`
`4
`
`

`

`dates of when the materials were distributed or displayed and the geographic area in which the
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`materials were distributed or displayed.
`
`19.
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`The connectives “and” and “or” shall be construed either disjunctively or
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`conjunctively as necessary to bring within the scope of the discovery request all responses that
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`might otherwise be construed to be outside of its scope.
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`20.
`
`The use of the singular form of any word includes the plural and vice versa.
`
`INSTRUCTIONS
`
`The following instructions shall apply to each question in this first request for production
`
`of documents and things:
`
`1.
`
`For the convenience of the Trademark Trial and Appeal Board and the parties,
`
`Respondent requests that Petitioner: (1) quote each document request in full immediately
`
`preceding the response; and (2) identify any responsive documents by Bates number in each
`
`response.
`
`2.
`
`These requests are intended to cover all documents and things in your possession,
`
`custody or control.
`
`3.
`
`If any document requested was formerly in your possession, custody or control and
`
`has since been lost or destroyed, you shall submit, in lieu of each such document, a written
`
`statement that:
`
`a.
`
`Identifies the document by providing the author(s), addressee(s), recipient(s), title,
`
`date, subject matter, and number of pages and identifies all persons who ever possessed
`
`copies; and
`
`b.
`
`States when and how the document was lost or destroyed and, if destroyed,
`
`identifies each person having knowledge concerning such destruction or loss, the person(s)
`
`5
`
`

`

`requesting and performing such destruction, the reasons for such destruction, and each
`
`document evidencing the document’s prior existence and/or facts concerning its destruction.
`
`4.
`
`If any document or thing is withheld on grounds of privilege or work-product
`
`immunity, identify: (i) the document or thing with sufficient particularity in order for Respondent
`
`to evaluate the asserted privilege or immunity, including a description of the document’s type (e.g.,
`
`letter, memorandum or e-mail), subject matter, date, author(s)/sender(s) and recipient(s), and (ii)
`
`state the legal and factual basis for the claim of privilege or immunity.
`
`5.
`
`Each request herein for any documents or things to be produced contemplates
`
`production of the documents or things in their entirety, without abbreviation, deletions, or redacted
`
`material.
`
`6.
`
`Pursuant to Federal Rule of Civil Procedure 26(e) and Rule 34, you have a duty to
`
`timely supplement any prior response to the extent that responsive documents, objects, or tangible
`
`things subsequently come into your possession, custody or control, or if it is learned that any prior
`
`response is incomplete or incorrect.
`
`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
`
`REQUEST NO. 1:
`
`Documents Concerning the selection, adoption and clearance of Respondent’s Mark in the
`
`United States in connection with Respondent’s Goods and Services, including, but not limited to,
`
`trademark search reports, investigations reports and opinions.
`
`REQUEST NO. 2:
`
`Documents sufficient to Identify the Persons involved in the selection, clearance, and
`
`adoption of Respondent’s Mark for use with Respondent’s Goods and Services.
`
`
`
`6
`
`

`

`REQUEST NO. 3:
`
`Documents evidencing Respondent’s first Use in Commerce of Respondent’s Mark on or
`
`in connection with Respondent’s Goods and Services in the United States.
`
`REQUEST NO. 4:
`
`Documents sufficient to show the geographic area in the United States in which
`
`Respondent has sold, currently sells, or intends to sell Respondent’s Goods and Services under or
`
`in connection with Respondent’s Mark.
`
`REQUEST NO. 5:
`
`Documents sufficient to Identify Each channel of trade in the United States through which
`
`Respondent has sold, currently sells, or intends to sell, Respondent’s Goods and Services under
`
`Respondent’s Mark.
`
`REQUEST NO. 6:
`
`Documents sufficient to show Each marketing, advertising and promotional channel
`
`through which Respondent’s Goods and Services offered under Respondent’s Mark have been, will
`
`be, or are currently marketed, advertised, or promoted in the United States.
`
`REQUEST NO. 7:
`
`Documents Concerning reports or data regarding traffic and visitors to domains and social
`
`media pages You have purchased, registered or operate containing or displaying, or intended to
`
`contain or display, Respondent’s Mark, and/or referring or relating, or intended to refer or relate,
`
`to Respondent’s Goods and Services.
`
`REQUEST NO. 8:
`
`Documents sufficient to show the price or prices at which Respondent has sold, currently
`
`sells, or intends to sell in the United States Each of Respondent’s Goods and Services offered under
`
`or in connection with Respondent’s Mark.
`
`7
`
`

`

`REQUEST NO. 9:
`
`Documents sufficient to Identify the nature, demographics, identity, and characteristics of
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`Each class or type of purchaser to whom Respondent has marketed and/or sold, currently markets
`
`and/or sells, or intends to market and/or sell, Respondent’s Goods and Services under Respondent’s
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`Mark.
`
`REQUEST NO. 10:
`
`Documents sufficient to Identify the types and classes of customers, namely, individual,
`
`corporate, retail and wholesale customers, to whom You have marketed, promoted or sold
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`Respondent’s Goods and Services under Respondent’s Mark.
`
`REQUEST NO. 11:
`
`Representative Documents that evidence, refer, or relate to the types of wholesale and retail
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`purchasers, end users, expected purchasers, or expected end users of Respondent’s Goods and
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`Services sold, offered for sale, or intended to be sold, under or in connection with Respondent’s
`
`Mark.
`
`REQUEST NO. 12:
`
`Representative samples of advertising or promotional items bearing of Respondent’s Mark
`
`and actually displayed to the U.S. public from Your date of first use of Respondent’s Mark to the
`
`present, including, but not limited to, signs, articles, website and social media pages, and
`
`advertisements.
`
`REQUEST NO. 13:
`
`Documents sufficient to identify all events, trade shows, symposia, seminars, conferences
`
`and/or other meetings of two or more people in the United States at which You have advertised,
`
`promoted, marketed, offered for sale and/or discussed Respondent’s Goods and Services offered
`
`by Respondent in connection with Respondent’s Mark.
`
`8
`
`

`

`REQUEST NO. 14:
`
` Representative samples of newspaper, magazine, newsletter, trade journal, website, and other
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`Third-party media coverage concerning Respondent’s Mark.
`
`REQUEST NO. 15:
`
`Documents Concerning any public opinion poll, report, study, focus group, survey, market
`
`research, or other analysis conducted by Respondent or on Respondent’s behalf regarding
`
`Respondent’s Marks.
`
`REQUEST NO. 16:
`
` Documents Concerning the ownership, assignment, or transfer of ownership of any of
`
`Respondent’s Mark.
`
`REQUEST NO. 17:
`
`Documents Concerning any license agreement between Respondent and a Third-party
`
`Concerning the Use in Commerce of any of Respondent’s Mark.
`
`REQUEST NO. 18:
`
`Documents Concerning any inquiries about whether Respondent’s Goods and Services
`
`used with Respondent’s Mark are or were affiliated or associated with, connected to, sponsored by,
`
`or otherwise related to Petitioner’s Goods and Services used with Petitioner's Marks, or vice versa.
`
`REQUEST NO. 19:
`
`Documents Concerning Respondent’s first awareness of Petitioner’s use of Petitioner’s
`
`Marks with Petitioner’s Goods and Services in the United States.
`
`REQUEST NO. 20:
`
`Documents Concerning Respondent’s knowledge or assessment of Petitioner’s use of
`
`Petitioner’s Marks with Petitioner’s Goods and Services in the United States.
`
`
`9
`
`

`

`REQUEST NO. 21:
`
`Documents, other than those Documents created for purposes of this Cancellation
`
`proceeding, exchanged between any employees of Respondent or of Ninja Theory Limited
`
`Concerning or including any mention of Petitioner or Petitioner’s Marks.
`
`REQUEST NO. 22:
`
`Documents sufficient to Identify the scope and operation of Respondent’s business in the
`
`United States, including but not limited to Documents showing the distributors, manufacturers,
`
`and retailers with which Respondent does business in connection with the sale, distribution and/or
`
`marketing of Respondent’s Goods and Services offered under Respondent’s Mark.
`
`REQUEST NO. 23:
`
`Documents sufficient to show for the past five (5) years the annual expenditures incurred
`
`by Respondent in the United States to promote, market, and advertise Respondent’s Goods and
`
`Services offered for sale under Respondent’s Mark.
`
`REQUEST NO. 24:
`
`Documents sufficient to show for the past five (5) years the volume (in dollars and units)
`
`of annual sales for Respondent’s Goods and Services offered under Respondent’s Mark.
`
`REQUEST NO. 25:
`
`Documents sufficient to show the volume (in dollars and units) of annual sales from the
`
`date of first Use in Commerce in the Unites States of Each of Respondent’s Goods and Service
`
`offered under Respondent’s Mark.
`
`
`
`
`
`
`
`10
`
`

`

`REQUEST NO. 26:
`
`Documents Concerning any dispute between Respondent and any Third-parties involving
`
`Respondent’s Mark, including but not limited to enforcement actions and cease and desist letters.
`
`REQUEST NO. 27:
`
`All documents relating to the January 2021 decision to stop new content updates for
`
`Respondent’s game titled “Bleeding Edge.”
`
`REQUEST NO. 28:
`
`All documents pertaining to the transfer of ownership of Respondent’s Mark from the
`
`original owner of the Mark to Respondent.
`
`REQUEST NO. 29:
`
`All documents showing the use made of Respondent’s Mark by the prior owner of
`
`Respondent’s Mark in US commerce for the goods and services associated with Respondent’s
`
`Mark.
`
`REQUEST NO. 30:
`
`Documents supporting Respondent’s claims made in the “Affirmative Defenses” section of
`
`its Answer in these proceedings.
`
`
`
`REQUEST NO. 31:
`
`All documents relating to all trademark disputes You have ever had where you have adopted
`
`the position that adding one or more words either before or after one of your trademarks constitutes
`
`infringement of your trademark and/or constitutes a likelihood of confusion with Your trademark.
`
`REQUEST NO. 32:
`
`Documents Identified or relied upon by Respondent in any responses to Petitioner’s First
`
`11
`
`

`

`Set of Interrogatories.
`
`REQUEST NO. 33:
`
`
`
`
`
`All documents not identified or referenced in the above requests that Respondent
`
`intends to rely on at trial or rely on for any purpose in these proceedings.
`
`DATED: this 23rd day of January, 2024.
`
`Respectfully Submitted,
`
`EDGE GAMES, INC. in pro se
`
`
`/s/ Tim Langdell
`Dr Tim Langdell CEO
`EDGE Games Inc
`530 S. Lake Avenue 171
`Pasadena CA 91101
`Tel 626 824 0097
`Edgegames@gmail.com
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`
`
`
`
`
`
` I hereby certify that a true and correct copy of PETITIONER’S FIRST SET OF REQUESTS
`FOR PRODUCTION OF DOCUMENTS TO RESPONDENT is being served by electronic
`mail, this 23rd day of January, 2024, via email as follows:
`trademarkslv@dickinsonwright.com, jkrieger@dickinsonwright.com,
`cvillanueva@dickinsonwright.com
`
`
`
`
`
`
`
`
`
`/s/ Tim Langdell
`
`
`
`12
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`EDGE GAMES, INC.
`
`
`Cancellation No. 92081334
`
`
`
`
`Registration No. 5,766,386
`
`
`
`
`Mark: BLEEDING EDGE
`
`
`MICROSOFT CORPORATION,
`
`
`
`
`
`
`
`
`Petitioner,
`
`Respondent.
`
`
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`PETITIONER’S FIRST SET OF INTERROGATORIES TO RESPONDENT
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and Rules 2.120 of the
`
`Trademark Rules of Practice, Petitioner EDGE Games, Inc. (“Petitioner”) Respondent, in pro se,
`
`hereby propounds the following written interrogatories to be answered by Microsoft Corporation
`
`(“Respondent”) in writing under oath within thirty (30) days after service.
`
`INTRODUCTION
`
`These interrogatories seek answers as of the date hereof and, as to any interrogatories
`
`addressed to matters falling within Rules 26(e)(1) and 26(e)(2) of the Federal Rules of Civil
`
`Procedure, shall be deemed to be continuing, requiring Petitioner to serve on Respondent such
`
`further supplemental or amended answers seasonably after Petitioner has acquired additional
`
`knowledge or information relating in any way to interrogatories.
`
`
`
`
`
`
`
`DEFINITIONS
`
`As used herein, the following definitions apply:
`
`1.
`
`2.
`
`“Petitioner” means EDGE Games, Inc.
`
`“Respondent”, “You”, or “Your” means Microsoft Corporation. and
`
`its
`
`predecessors, successors, assigns, parents, subsidiaries and divisions, affiliates, partners, and all
`1
`
`

`

`
`
`past and present officers, directors, employees, partners, corporate parents, subsidiaries, affiliates,
`
`agents, and representatives.
`
`3.
`
`4.
`
`“Cancellation” means this Board proceeding Cancellation No. 92081334.
`
`“Amended Petition” means the Amended Petition for Cancellation filed by
`
`Petitioner on June 7, 2023.
`
`5.
`
`“Petitioner’s Marks” means the EDGE and EDGE-formative marks as described by
`
`Petitioner in paragraphs 2, 4 and 24 of the Amended Petition, as follows: EDGE PC, EDGE
`
`GAMES, EDGE GAMING PC, EDGE, THE EDGE, MAGIC EDGE, CUTTING EDGE, OVER
`
`THE EDGE, EDGE 3D, GAMING EDGE, EDGE GAMERS, CROSS EDGE, PLANET’S EDGE,
`
`EDGE OF TWILIGHT, LEADING EDGE, DOUBLE EDGE, SOUND EDGE, EDGE
`
`PRODUCTIONS.
`
`6.
`
`“Petitioner’s Goods and Services” means the goods and services identified in
`
`Petitioner’s registration and pending applications for Petitioner’s Marks and in Petitioner’s
`
`Amended Petition that are being asserted in this Cancellation proceeding.
`
`7.
`
`“Respondent’s Mark” means the BLEEDING EDGE mark shown in U.S.
`
`Trademark Registration No. 5766386.
`
`8.
`
`“Respondent’s Goods and Services” means the goods and services identified in
`
`Respondent’s registration for Respondent’s Mark.
`
`9.
`
`“Describe” means, in general, to give the fullest description known or ascertainable
`
`by Respondent, whether or not in the possession of Respondent and whether or not alleged to be
`
`privileged.
`
`10.
`
`11.
`
`“Each” means each and every.
`
`“Person” shall refer to any natural person, association, partnership, corporation,
`
`organization, business trust, joint venture, receiver, estate syndicate or any other combination
`
`2
`
`

`

`
`
`acting as a unit or acting as form of legal entity, including the parties to this suit and their officers,
`
`agents, employees and representatives.
`
`12.
`
`13.
`
`“Third-party” means a Person or Persons other than Petitioner or Respondent.
`
`“Identify” when referring to: (1) a natural person, means that person’s full name,
`
`present or last known address (including street name and number, city or town,