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Bungalow Five, LLC v. Restoration Hardware, Inc.

Docket 92074300, Trademark Trial and Appeal Board (May 21, 2020)
Case TypeCancellation
MarksSIZE DOES MATTER, BUNGALOW, BUNGALOW 5
Respondent Restoration Hardware, Inc.
Petitioner Bungalow Five, LLC
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No. 33 - Board Decision: Can Denied with Prejudice

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 33 (T.T.A.B. Apr. 5, 2022)
Trademark Trial and Appeal Board P.O.
Restoration Hardware, Inc.
By the Trademark Trial and Appeal Board: Petitioner, without the written consent of Respondent, filed a withdrawal of the petition for cancellation on February 28, 2022.
Trademark Rule 2.114(c) provides that after an answer is filed, the petition for cancellation may not be withdrawn without prejudice except with the written consent of Respondent.
In view thereof, and because the withdrawal was filed after answer, the petition for cancellation is denied with prejudice.
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No. 30 - Restoration Hardware, Inc. Motion to Suspend with Consent Pending Settlement Negotiations

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 30 (T.T.A.B. Feb. 7, 2022)
Trademark Trial and Appeal Board Electronic Filing System.
Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.
Restoration Hardware, Inc. requests that this proceeding be suspended for 30 days to allow the parties to continue their settlement ef- forts.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due Expert Disclosures Due Discovery Closes Plaintiff's Pretrial Disclosures Due 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 Plaintiff's Opening Brief Due Defendant's Brief Due Plaintiff's Reply Brief Due Request for Oral Hearing (optional) Due
03/10/2022 07/08/2022 08/07/2022 09/21/2022 11/05/2022 11/20/2022 01/04/2023 01/19/2023 02/18/2023 04/19/2023 05/19/2023 06/03/2023 06/13/2023 Restoration Hardware, Inc. has secured the express consent of all other parties to this proceeding for the suspension and resetting of dates requested herein.
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No. 28 - Restoration Hardware, Inc. Motion to Suspend with Consent Pending Settlement Negotiations

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 28 (T.T.A.B. Jan. 7, 2022)
Trademark Trial and Appeal Board Electronic Filing System.
Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.
Restoration Hardware, Inc. requests that this proceeding be suspended for 30 days to allow the parties to continue their settlement ef- forts.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due Expert Disclosures Due Discovery Closes Plaintiff's Pretrial Disclosures Due 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 Plaintiff's Opening Brief Due Defendant's Brief Due Plaintiff's Reply Brief Due Request for Oral Hearing (optional) Due
02/07/2022 06/07/2022 07/07/2022 08/21/2022 10/05/2022 10/20/2022 12/04/2022 12/19/2022 01/18/2023 03/19/2023 04/18/2023 05/03/2023 05/13/2023 Restoration Hardware, Inc. has secured the express consent of all other parties to this proceeding for the suspension and resetting of dates requested herein.
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No. 26 - Restoration Hardware, Inc. Motion to Suspend with Consent Pending Settlement Negotiations

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 26 (T.T.A.B. Dec. 6, 2021)
Trademark Trial and Appeal Board Electronic Filing System.
Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.
Restoration Hardware, Inc. requests that this proceeding be suspended for 30 days to allow the parties to continue their settlement ef- forts.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due Expert Disclosures Due Discovery Closes Plaintiff's Pretrial Disclosures Due 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 Plaintiff's Opening Brief Due Defendant's Brief Due Plaintiff's Reply Brief Due Request for Oral Hearing (optional) Due
01/07/2022 05/07/2022 06/06/2022 07/21/2022 09/04/2022 09/19/2022 11/03/2022 11/18/2022 12/18/2022 02/16/2023 03/18/2023 04/02/2023 04/12/2023 Restoration Hardware, Inc. has secured the express consent of all other parties to this proceeding for the suspension and resetting of dates requested herein.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 2 (T.T.A.B. May. 26, 2020)
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.
Note: Parties are strongly encouraged to check the entire document before filing.1 The Board will not extend or reset proceeding schedule dates or other deadlines to allow
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No. 24 - Restoration Hardware, Inc. Motion to Suspend with Consent Pending Settlement Negotiations

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 24 (T.T.A.B. Oct. 4, 2021)
Trademark Trial and Appeal Board Electronic Filing System.
Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.
Restoration Hardware, Inc. requests that this proceeding be suspended for 60 days to allow the parties to continue their settlement ef- forts.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due Expert Disclosures Due Discovery Closes Plaintiff's Pretrial Disclosures Due 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 Plaintiff's Opening Brief Due Defendant's Brief Due Plaintiff's Reply Brief Due Request for Oral Hearing (optional) Due
12/07/2021 04/06/2022 05/06/2022 06/20/2022 08/04/2022 08/19/2022 10/03/2022 10/18/2022 11/17/2022 01/16/2023 02/15/2023 03/02/2023 03/12/2023 Restoration Hardware, Inc. has secured the express consent of all other parties to this proceeding for the suspension and resetting of dates requested herein.
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No. 22 - Restoration Hardware, Inc. Motion to Suspend with Consent Pending Settlement Negotiations

Document Bungalow Five, LLC v. Restoration Hardware, Inc., 92074300, No. 22 (T.T.A.B. Aug. 31, 2021)
Trademark Trial and Appeal Board Electronic Filing System.
Consent Motion for Suspension for Settlement The parties are actively engaged in negotiations for the settlement of this matter.
Restoration Hardware, Inc. requests that this proceeding be suspended for 30 days to allow the parties to continue their settlement ef- forts.
Time to Answer Deadline for Discovery Conference Discovery Opens Initial Disclosures Due Expert Disclosures Due Discovery Closes Plaintiff's Pretrial Disclosures Due 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 Plaintiff's Opening Brief Due Defendant's Brief Due Plaintiff's Reply Brief Due Request for Oral Hearing (optional) Due
10/07/2021 02/04/2022 03/06/2022 04/20/2022 06/04/2022 06/19/2022 08/03/2022 08/18/2022 09/17/2022 11/16/2022 12/16/2022 12/31/2022 01/10/2023 Restoration Hardware, Inc. has secured the express consent of all other parties to this proceeding for the suspension and resetting of dates requested herein.
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