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Z-Tuff Products, Inc. v. Rodney Griffin

Docket 91274063, Trademark Trial and Appeal Board (Jan. 20, 2022)
Case TypeOpposition
MarksTEAMZSHINE, Z
Applicant Rodney Griffin
Opposer Z-Tuff Products, Inc.
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No. 11 - Board Decision: Opposition Dismissed with Prejudice

Document Z-Tuff Products, Inc. v. Rodney Griffin, 91274063, No. 11 (T.T.A.B. May. 3, 2022)
Trademark Trial and Appeal Board P.O.
By the Trademark Trial and Appeal Board: On May 2, 2022, Opposer filed a withdrawal of the opposition with prejudice.
In view thereof, the opposition is dismissed with prejudice.
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No. 7 - Extension of Time Granted

Document Z-Tuff Products, Inc. v. Rodney Griffin, 91274063, No. 7 (T.T.A.B. Apr. 4, 2022)
An answer must be filed through ESTTA, the Board’s Electronic System for Trademark Trials and Appeals.
The parties may stipulate to a wide variety of matters, and many requirements relevant to the trial phase of Board proceedings are set forth in Trademark Rules 2.121 through 2.125.
Oral argument at final hearing will be scheduled only upon the timely submission of a separate notice as allowed by Trademark Rule 2.129(a).
The Board requires each submission to meet the following criteria before it will be considered: 1) pages must be legible and easily read on a computer screen; 2) page orientation should be determined by its ease of viewing relevant text or evidence, for Opposition No. 91274063
2 The Board will not extend or reset proceeding schedule dates or other deadlines to allow time to re-file documents.
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No. 5 - Extension of Time Granted

Document Z-Tuff Products, Inc. v. Rodney Griffin, 91274063, No. 5 (T.T.A.B. Mar. 2, 2022)
An answer must be filed through ESTTA, the Board’s Electronic System for Trademark Trials and Appeals.
The parties may stipulate to a wide variety of matters, and many requirements relevant to the trial phase of Board proceedings are set forth in Trademark Rules 2.121 through 2.125.
Oral argument at final hearing will be scheduled only upon the timely submission of a separate notice as allowed by Trademark Rule 2.129(a).
The Board requires each submission to meet the following criteria before it will be considered: 1) pages must be legible and easily read on a computer screen; 2) page orientation should be determined by its ease of viewing relevant text or evidence, for Opposition No. 91274063
2 The Board will not extend or reset proceeding schedule dates or other deadlines to allow time to re-file documents.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document Z-Tuff Products, Inc. v. Griffin, Rodney, 91274063, No. 2 (T.T.A.B. Jan. 20, 2022)
An answer filed on paper under these limited circumstances must be accompanied by a Petition to the Director (and the required fee under Trademark Rule 2.6).
A request for Board participation must be made either through ESTTA, or by telephone call to the assigned interlocutory attorney named on the TTABVUE record for this proceeding.
During their conference, the parties are to discuss whether they wish to seek mediation or arbitration, and whether they can stipulate to the Board's Accelerated Case Resolution (ACR) process for a more efficient and cost-effective means of obtaining the Board’s determination of the proceeding.
Regarding the scope and limits of discovery, see TBMP 414; discoverable items may include documents, tangible things, and electronically stored information (ESI).
Regarding the procedures and deadlines for pretrial disclosures and trial, and specifically the noticing, taking, serving and submitting of evidence and testimony, see Trademark Rules 2.120(k), 2.121, 2.122, 2.123 and 2.125, as well as TBMP Chapter 700.
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No. 8 - Rodney Griffin Motion to Suspend with Consent Pending Settlement Negotiations

Document Z-Tuff Products, Inc. v. Rodney Griffin, 91274063, No. 8 (T.T.A.B. Apr. 12, 2022)
Trademark Trial and Appeal Board Electronic Filing System.
Pursuant to TBMP § 605.02, Applicant, Rodney Griffin (“Applicant”), and Opposer, Z- Tuff Products, Inc. (“Opposer”), by their undersigned attorneys, hereby stipulate to suspend this proceeding.
The Parties have agreed upon a settlement in this matter and are working diligently to finalize and execute a formal Settlement Agreement.
The Parties will file a Stipulation of Dismissal no later than fourteen (14) days after the date of this Stipulation, upon execution of the Settlement Agreement / / / / / / / / / / / / / / / / / / WHEREFORE, Rodney Griffin and Z-Tuff Products, Inc. stipulate to this suspension of proceedings and request the Trademark Trial and Appeal Board’s approval of the same, and for all /Steven A. Caloiaro/ On behalf of Applicant Rodney Griffin
I hereby certify that on April 12, 2022, a true and complete copy of the Stipulation for Suspension of Proceedings (the “Stipulation”) is being electronically transmitted in PDF format to the Trademark Trial and Appeal Board through the Electronic System for Trademark Trials and Appeals (ESTTA).
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No. 1 - Filed and Fee

Document Z-Tuff Products, Inc. v. Griffin, Rodney, 91274063, No. 1 (T.T.A.B. Jan. 20, 2022)
Register Principal Registration date 02/19/2013 Word mark Design mark Z Foreign priority date NONE Description of mark Goods/services The mark consists of a black square, with a diamond plate design in grey, with a stylized letter "Z" ...
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No. 10 - Withdraw of Opposition

Document Z-Tuff Products, Inc. v. Rodney Griffin, 91274063, No. 10 (T.T.A.B. May. 2, 2022)
Trademark Trial and Appeal Board Electronic Filing System.
Opposition No. 91274063 In the matter of: Application SN: Mark: Filed: Published: 90-052,461
RODNEY GRIFFIN, dba ZEPHYR SALES CO., a California corporation Applicant NOTICE OF SETTLEMENT and
Plaintiff, Z-TUFF PRODUCTS, INC., by and through its undersigned counsel, hereby files the following Notice of Settlement and Withdrawal of Opposition and states as follows: On April 28, 2022, the Parties settled the above-styled action and entered into a Settlement Agreement, which for confidentiality reasons will not be filed.
As agreed to in the settlement, Plaintiff hereby withdraws its opposition with prejudice to conclude the above- styled action.
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