ESTTA Tracking number:
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`ESTTA1379671
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`Filing date:
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`08/26/2024
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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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`92081622
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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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`Plaintiff
`YG Entertainment Inc.
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`ARLENE L BORUCHOWITZ
`DINSMORE & SHOHL LLP
`191 W NATIONWIDE BLVD SUITE 200
`COLUMBUS, OH 43215
`UNITED STATES
`Primary email: arlene.boruchowitz@dinsmore.com
`Secondary email(s): trademarks@dinsmore.com,
`robin.bissantz@dinsmore.com, terri.boesing@dinsmore.com, kar-
`en.gaunt@dinsmore.com
`614-628-6880
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`Motion to Extend
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`Arlene L. Boruchowitz
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`arlene.boruchowitz@dinsmore.com, trademarks@dinsmore.com,
`robin.bissantz@dinsmore.com, terri.boesing@dinsmore.com, kar-
`en.gaunt@dinsmore.com
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`Signature
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`Date
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`/Arlene L. Boruchowitz/
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`08/26/2024
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`Attachments
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`2024.08.26 - Motion to Extend.pdf(459489 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`YG Entertainment, Inc.,
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`Petitioner,
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`v.
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`Respondent. )
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`SM Beauty, LLC,
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`In the matter of:
`Registration No. 5376449
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`For the mark: BLACKPINK
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`Cancellation No: 92081622
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`PETITIONER’S MOTION FOR A THIRTY-DAY EXTENSION OF CASE DEADLINES
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`Petitioner YG Entertainment, Inc. (“YG” or “Petitioner”), by and through undersigned
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`counsel and pursuant to TBMP § 509.01(a), hereby moves the Board for extension of the case
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`deadlines by thirty (30) days as follows (“Motion”):1
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`Deadline
`Plaintiff’s Pretrial Disclosures
`Due
`Deadline to Take Depositions
`Outside of the Discovery
`Period2
`Plaintiff’s 30-day Trial Period
`Ends
`Defendant’s Pretrial
`Disclosures Due
`Defendant’s 30-day Trial
`Period Ends
`Plaintiff’s Rebuttal Disclosures
`Due
`Plaintiff’s 15-day Rebuttal
`Period Ends
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`1 See 30 TTABUVE at 1–2.
`2 See id.
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`Current Deadline
`8/26/2024
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`Proposed Deadline
`9/25/2024
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`9/20/2024
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`10/20/2024
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`10/10/2024
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`11/9/2024
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`10/25/2024
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`11/24/2024
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`12/9/2024
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`12/24/2024
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`1/23/2025
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`1/8/2025
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`1/23/2025
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`2/22/2025
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`1
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`Deadline
`Plaintiff’s Opening Brief Due
`Defendant’s Brief Due
`Plaintiff’s Reply Brief Due
`Request for Oral Hearing
`(optional) Due
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`Current Deadline
`3/24/2025
`4/23/2025
`5/8/2025
`5/18/2025
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`Proposed Deadline
`4/23/2025
`5/23/2025
`6/7/2025
`6/17/2025
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`For the reasons set forth in the enclosed Memorandum in Support, good cause for the
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`requested thirty-day extension (“Extension”) exists and Petitioner’s Motion should be granted.
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`MEMORANDUM IN SUPPORT
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`The Board should grant Petitioner’s Motion because good cause exists for the Extension
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`and the time for the Plaintiff’s Pretrial Disclosures has not yet passed. Pursuant to TBMP § 509.01,
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`“a party may file a motion for an extension of the time in which an act may or must be done. If
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`the motion is filed prior to the expiration of the period as originally set or previously extended, the
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`motion is one to extend a period that has not yet closed…and the moving party need only show
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`good cause for the requested extension.” TBMP § 509.01 (emphasis added). “A motion to
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`extend must set forth with particularity the facts said to constitute good cause for the requested
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`extension; mere conclusory allegations lacking in factual detail are not sufficient.” TBMP
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`§ 509.01(a). Further, “a party moving to extend time must demonstrate that the requested
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`extension of time is not necessitated by the party’s own lack of diligence or unreasonable delay in
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`taking the required action during the time previously allotted therefor.” Id.
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`Here, Petitioner’s Motion is not necessitated by the Petitioner’s lack of diligence or
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`unreasonable delay. Rather, the parties have been working diligently to resolve the discovery
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`disputes between the parties and facilitate the scheduling of depositions since the Board resumed
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`proceedings on May 9, 2024 (25 TTABVUE). The parties have had several meet-and-confers to
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`resolve outstanding discovery disputes, and each party has served deposition notices upon the
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`other. Nonetheless, due to the reality of summer schedules, no depositions have yet been taken or
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`scheduled. On July 7, 2024, when the parties filed a consented motion seeking to take depositions
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`outside the discovery period, up to an including September 20, 2024 (29 TTABVUE), Petitioner
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`did not foresee scheduling issues with keeping all other case deadlines in place. But since that
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`motion was granted (30 TTABVUE), Petitioner’s counsel has encountered more delays than
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`expected, including but not limited to coordinating schedules with an overseas client. Further,
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`Petitioner’s counsel has incurred a number of medical absences throughout the month of August
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`which has contributed to delays in scheduling.
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`Perhaps most importantly, the parties have discussed settlement and Petitioner is currently
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`considering Respondent’s last settlement offer. Petitioner desires additional time to consider
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`Respondent’s settlement offer, and granting this Motion would allow Petitioner additional time to
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`consider it without requiring the parties to incur additional expense in the interim. If the Extension
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`were not granted and the action were to continue as scheduled (beginning with the Plaintiff’s trial
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`period), the parties would incur substantial additional expenses that could chill settlement
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`negotiations.
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`Accordingly, for all the reasons set forth herein, good cause exists for the Extension and
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`Petitioner respectfully requests that its Motion be granted. Petitioner has asked Respondent for
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`consent to this Motion, and Respondent has not granted or withheld consent as of the date of this
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`Motion.
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`Dated: August 26, 2024
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`Respectfully Submitted,
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`/s/ Arlene L. Boruchowitz
`Arlene L. Boruchowitz
`DINSMORE & SHOHL LLP
`191 W. Nationwide Blvd, Suite 200
`Columbus, OH 43215
`Telephone: 614-628-6880
`Facsimile: 614-628-6890
`arlene.boruchowitz@dinsmore.com
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`Attorney for YG Entertainment, Inc.
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that a copy of the foregoing Motion and Memorandum in Support
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`was served on the following via email, on August 26, 2024, as follows:
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`Sang Lee
`Law Offices Of Sang Lee
`505 E Golf Rd Ste H
`Arlington Heights, IL 60005
`slee000@aol.com, softbeeus@gmail.com,
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`John Y. Lee
`Lee & Breen LLC
`188 Industrial Drive,
`Suite 403 Elmhurst, IL 60126
`jlee@leebreenlaw.com
`mlee@leebreenlaw.com
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`/s/ Arlene L. Boruchowitz
`Attorney for YG Entertainment, Inc.
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