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Eric Persson v. LV Concepts Inc.

Docket 92070207, Trademark Trial and Appeal Board (Dec. 12, 2018)
Case TypeCancellation
MarksDRAGON TIGER NOODLE CO., DRAGON NOODLE CO.
Respondent LV Concepts Inc.
Petitioner Eric Persson
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No. 5 - Board Decision: Can Granted

Document Eric Persson v. LV Concepts Inc., 92070207, No. 5 (T.T.A.B. Mar. 18, 2019)
Trademark Trial and Appeal Board P.O.
By the Trademark Trial and Appeal Board: LV Concepts Inc. On February 5, 2019, the Board issued a notice of default to Respondent because no answer had been filed.
No response to the notice of default has been filed.
Accordingly, judgment by default is hereby entered against Respondent, the petition to cancel is granted, and Registration No. 4386619 will be cancelled in due course by the Commissioner for Trademarks.
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No. 4 - Notice of Default

Document Eric Persson v. LV Concepts Inc., 92070207, No. 4 (T.T.A.B. Feb. 5, 2019)
Trademark Trial and Appeal Board P.O.
An answer to the petition to cancel was due in this proceeding on January 26, 2019.
Inasmuch as it appears that no answer has been filed, nor has Respondent filed a motion to extend its time to answer, a notice of default is hereby entered against Respondent under Fed. R. Civ.
P. 55(a).1 Respondent is allowed until thirty days from the date of this order to show cause why judgment by default should not be entered against Respondent in accordance with Fed. R. Civ.
1 Inasmuch as Respondent is in default, the parties’ obligations to hold the discovery conference, and to serve initial disclosures, are effectively stayed.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document Eric Persson v. LV Concepts Inc., 92070207, No. 2 (T.T.A.B. Dec. 17, 2018)
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
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. 1 - Filed and Fee

Document Eric Persson v. LV Concepts Inc., 92070207, No. 1 (T.T.A.B. Dec. 12, 2018)
Eric Persson (“Petitioner”), an individual residing at 2926 Montessouri Street, Las Vegas, Nevada, 89117, believes that he will be damaged by the continued registration of Registration No. 4,386,619 for the mark DRAGON NOODLE CO. mark on the Principal Register in International Class 43 (the “Registration”).
Pursuant to 15 U.S.C. § 1064, Petitioner hereby petitions to cancel the registration of the DRAGON NOODLE CO. mark based on abandonment.
Respondent’s Registration for the mark DRAGON NOODLE CO. covers restaurant services in International Class 43.
Upon information and belief, in 2017, Respondent’s restaurant that used the DRAGON NOODLE CO. mark has permanently closed.
Upon information and belief, Respondent has ceased use of the DRAGON NOODLE CO. mark and does not intend to resume use.
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No. 8 - LV Concepts Inc. Undeliverable Mail

Document Eric Persson v. LV Concepts Inc., 92070207, No. 8 (T.T.A.B. Mar. 22, 2019)
Trademark Trial and Appeal Board P.O.
An answer to the petition to cancel was due in this proceeding on January 26, 2019.
Inasmuch as it appears that no answer has been filed, nor has Respondent filed a motion to extend its time to answer, a notice of default is hereby entered
1 Respondent is allowed until thirty days from the date of this order to show cause why judgment by default should not be entered against Respondent in accordance with Fed. R. Civ.
1 Inasmuch as Respondent is in default, the parties~ obligations to hold the discovery conference, and to serve initial disclosures, are effectively stayed.
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No. 6 - Commissioner Order Cancelling Reg

Document Eric Persson v. LV Concepts Inc., 92070207, No. 6 (T.T.A.B. Mar. 18, 2019)
The petition of Eric Persson having been granted on March 18, 2019, Registration No. 4386619 is hereby cancelled.
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