ESTTA Tracking number:
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`ESTTA1411944
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`Filing date:
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`01/30/2025
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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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`92086150
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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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`Attachments
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`Defendant
`Momoip LLC
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`ROBERT N. POTTER
`KILPATRICK TOWNSEND & STOCKTON LLP
`3 TIMES SQUARE
`28TH FLOOR
`NEW YORK, NY 10036
`UNITED STATES
`Primary email: RPotter@ktslaw.com
`Secondary email(s): RPotter@ktslaw.com, LBrenner@ktslaw.com, Agar-
`cia@ktslaw.com, tmadmin@ktslaw.com
`212-775-8700
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`Motion for Relief from entry of Default Judgment
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`Robert Potter
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`RPotter@ktslaw.com, LBrenner@ktslaw.com, Agarcia@ktslaw.com, tmad-
`min@ktslaw.com
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`/Robert Potter/
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`01/30/2025
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`2025-01-30 - Momoip LLC - Motion to Vacate Default Judgment and Exten
`d.pdf(101556 bytes )
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`STEPHANE LEMAGNEN,
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`Cancellation No. 92086150
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` Petitioner
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`Mark: KO
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` v.
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` Registration No.: 4635067
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`MOMOIP LLC,
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` Respondent.
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`CONSENT MOTION TO SET ASIDE NOTICE OF DEFAULT AND TO EXTEND
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`Respondent, MOMOIP LLC (“Respondent”), with the consent of the Petitioner’s counsel
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`obtained via email on January 24, 2025, and with good cause shown pursuant to TBMP § 312.02,
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`by and through its undersigned counsel, hereby respectfully requests that the Board Set Aside the
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`Notice of Default, issued on January 24, 2025 (11 TTABVUE), and extend the deadlines and trial
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`dates for a further sixty (60) days. This consented motion is requested on the grounds that the
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`Parties continue to be engaged in settlement discussions. The further extension is to facilitate good
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`faith settlement negotiations, this request is not filed for the purpose of improper delay.
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`In support thereof Respondent states as follows:
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`STATEMENT OF THE CASE
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`On August 28, 2024 Petitioner instituted this proceeding against Respondent by filing a
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`Petition for Cancellation.
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`On October 11, 2024 Respondent filed a Change the Correspondence Address
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`(4 TTABVUE),
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`On October 11, 2024, November 11, 2024 and December 13, 2024 Respondent filed
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`Consent Motions to Extend the deadlines and trial dates. According to the Board’s December 13,
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`2024 Order (10 TTABVUE), Respondent’s Answer to the Petition for Cancellation was due
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`January 13, 2025.
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`In light of the parties’ ongoing settlement negotiations (which have resulted in a near-final
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`written agreement) and Respondent’s counsel sudden and unanticipated brief leave of absence,
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`Respondent inadvertently failed to timely file a motion to further extend or an answer by the
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`January 13, 2025 answer deadline.
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`On January 24, 2025 the Board subsequently issued the Notice of Default at issued herein.
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`The Notice of Default allowed respondent thirty days, until February 23, 2025 to show cause why
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`judgment by default should not be entered.
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`RESPONSE
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`Good cause why default judgment should not be entered against a defendant, for failure to
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`file a timely answer, is usually found when the defendant shows that (1) the delay in filing was not
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`the result of willful conduct or gross neglect on the part of the defendant, (2) the plaintiff will not
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`be substantially prejudiced by the delay, and (3) the defendant has a meritorious defense to the
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`action. TBMP § 312.02.
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`The determination of whether default judgment should be entered against a party lies within
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`the sound discretion of the Board. In exercising that discretion, the Board must be mindful of the
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`fact that it is the policy of the law to decide cases on their merits. Accordingly, the Board is very
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`reluctant to enter a default judgment for failure to file timely, and tends to resolve any doubt on
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`the matter in favor of the defendant. TBMP § 312.02.
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`In the instant case the parties are engaged in settlement negotiations and anticipated
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`finalizing a settlement agreement before the end of December 2024. However, due to unforeseen
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`personal circumstances, Respondent’s counsel went on immediate leave of absence from
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`December 20, 2024 to January 21, 2025, without email access, and was unable to finalize the
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`settlement agreement during that time. Upon return to the office and learning of the Notice of
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`Default, Respondent’s counsel immediately reached out to Petitioner’s counsel and secured
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`Petitioner’s consent to Set Aside the Notice of Default, and further extend the deadlines and trial
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`dates for sixty (60) days to allow the parties additional time to finalize a settlement. As such, it is
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`submitted that good cause be established in this matter as to why the notice of default should be
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`set aside on the basis of Applicant’s inadvertent lapse in not having a further extension or response
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`filed in a timely manner.
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`It is respectfully submitted that the instant oversight was not a result of willful conduct or
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`gross neglect on the part of the Respondent but rather an oversight due to extenuating
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`circumstances. Moreover, it is submitted that the Petitioner would not be prejudiced whatsoever
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`by the instant setting aside of the notice of default at issue as a) Petitioner has expressly consented
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`to this request, and b) the simple delay at issue is not sufficient to warrant a finding of prejudice
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`in any event.
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`For the foregoing reasons, Respondent has made satisfactory showing of good cause as to
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`why default judgment should not be entered against it. Respondent, therefore with the consent of
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`Petitioner’s counsel respectfully requests that the board vacate its Notice of Default and extend the
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`briefing schedule for a further sixty (60) days, to allow the Parties to continue to work to conclude
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`this matter without further proceedings.
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`Respectfully submitted,
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`KILPATRICK TOWNSEND & STOCKTON LLP
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`/Robert Potter/
`Robert Potter
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`3
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`Dated: January 30, 2025
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`3 Times Square, 28th Floor
`New York, New York 10036
`Telephone: (212) 775-8700
`Facsimile: (212) 775-8800
`RPotter@ktslaw.com
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`Respondent, MOMOIP LLC
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`CERTIFICATE OF SERVICE
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`I hereby certify that on January 30, 2025, a true and correct copy of the foregoing
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`CONSENT MOTION TO SET ASIDE NOTICE OF DEFAULT AND TO EXTEND, was
`served on Petitioner counsel via electronic mail, upon the following address of record:
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`HAMUTAL G. LIEBERMAN
`HELBRAUN & LEVEY LLP
`40 FULTON ST., 28 FL.
`NEW YORK, NY 10038
`UNITED STATES
`hamutal.lieberman@helbraunlevey.com,
`tm@helbraunlevey.com
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`/Alberto Garcia/
`Kilpatrick Townsend & Stockton LLP
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`4
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