Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1270964
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`Filing date:
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`03/09/2023
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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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`92081334
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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
`EDGE Games, Inc.
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`TIM LANGDELL
`EDGE GAMES INC
`1141 S OAKLAND AVENUE 171
`PASADENA, CA 91106-4338
`UNITED STATES
`Primary email: edgegames@gmail.com
`626-824-0097
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`Opposition/Response to Motion
`
`Tim Langdell
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`edgegames@gmail.com
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`/Tim Langdell/
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`03/09/2023
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`Attachments
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`Petitioners Response to Partial Motion to Dismiss.pdf(448738 bytes )
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`

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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.: 92081334
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`In the Matter of Registration No. 5,766,386
`For the Mark: BLEEDING EDGE
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`__________________________________________
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`EDGE GAMES, INC.
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`Petitioner,
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`v.
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`MICROSOFT CORPORATION,
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`Respondent.
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`__________________________________________)
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`Assistant Commissioner for
`Trademarks P.O. Box 1451
`Alexandria, VA 22313-1451
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`PETITIONER’S RESPONSE TO REGISTRANT’S
`PARTIAL MOTION TO DISMISS
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`Comes Petitioner EDGE Games Inc and responds to Registrant’s motion.
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`Petitioner failed to notice that the application in question was filed under Section 66(a) based
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`on a foreign registration. Thus, Petitioner concedes that neither COUNT II nor COUNT III should
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`be sustained given that there is no basis for a fraud claim or relevance for nonuse at the time of
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`filing. As to COUNT IV for abandonment, Petitioner also concedes that given the Section 66(a)
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`filing, a clear pleading of abandonment cannot be provided. Consequently, Petitioner agrees to the
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`dismissal (striking of) COUNTS II, III and IV of the petition.
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`As to the other claims mentioned in the petitioner, Petitioner argues that these go to the core
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`COUNT I claim of Petitioner’s prior rights and the likelihood of confusion. Should the subject
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`1
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`mark be permitted to remain registered, Petitioner will suffer dilution of its mark “EDGE” on the
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`register by the presence of EDGE formative marks that dilute its core mark EDGE and lead to
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`consumer confusion when there is dilution arising from the use of marks that contain the word
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`EDGE along with another word. Such continued registration also leads to dilution by blurring and
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`by tarnishment, given that Registrant’s mark is used in conjunction with a game that it has publicly
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`stated it has no intention to update or amend, which in the game industry can be associated with
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`severe criticism. Petitioner’s mark EDGE may thus not only have its rights blurred by the use and
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`registration of the subject mark BLEEDING EDGE, but any negative report relating to the
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`BLEEING EDGE mark will tarnish Petitioner’s mark EDGE by association in consumers’ minds.
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`It is also unclear who exactly owns the mark and who is using it, since they do not seem to both
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`be MICROSOFT CORPORATION (Section 14(1) and 1).
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`Dated: March 9, 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 March 9, 2023 a true and correct copy of the
`foregoing PETITIONER’S RESPONSE TO REGISTRANT’S PARTIAL MOTION TO
`DISMISS served via email on Respondent’s counsel:
`
`Dinsmore & Shohl LLP
`april.besl@dinsmore.com, karen.gaunt@dinsmore.com, luke.curran@dinsmore.com,
`andrew.hilton@dinsmore.com, dsmstrademarks@dinsmore.com
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`/Tim Langdell/____________
`Dr. Tim Langdell
`
`March 9, 2023
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`2
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