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Home Box Office, Inc. v. Japonica Keating

Docket 92074772, Trademark Trial and Appeal Board (July 21, 2020)
Case TypeCancellation
MarksTHE WIRE
Respondent Japonica Keating
Petitioner Home Box Office, Inc.
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No. 5 - Board Decision: Can Granted

Document Home Box Office, Inc. v. Japonica Keating, 92074772, No. 5 (T.T.A.B. Nov. 6, 2020)
Trademark Trial and Appeal Board P.O.
By the Trademark Trial and Appeal Board: On September 10, 2020, 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. 5835055 will be cancelled in due course by the Commissioner for Trademarks.
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No. 4 - Notice of Default

Document Home Box Office, Inc. v. Japonica Keating, 92074772, No. 4 (T.T.A.B. Sep. 10, 2020)
An answer to the petition to cancel was due in this proceeding on August 31, 2020.
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.
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.
The failure to file a timely answer tolls all deadlines, including the discovery conference, until the issue of default is resolved.
The schedule for the discovery conference, initial disclosures, discovery and trial will be reset in the event that the Board resumes proceedings.
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No. 2 - Notice and Trial Dates Sent; Answer Due:

Document Home Box Office, Inc. v. Japonica Keating, 92074772, No. 2 (T.T.A.B. Jul. 22, 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. 1 - Filed and Fee

Document Home Box Office, Inc. v. Japonica Keating, 92074772, No. 1 (T.T.A.B. Jul. 21, 2020)
... NONE Word Mark Design Mark THE WIRE Date Description of Mark Goods/Services NONE Class 041. First use: First Use: 2002/06/02 First Use In Commerce: 2002/06/02 ONGOING DRAMATIC TELEVISION PROGRAM U.S. Registration ...
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No. 6 - Commissioner Order Cancelling Reg

Document Home Box Office, Inc. v. Japonica Keating, 92074772, No. 6 (T.T.A.B. Nov. 9, 2020)
Tamara Carmichael of Olshan Frome Wolosky LLP for Home Box Office, Inc. Japonica Keating, pro se.
The petition of Home Box Office, Inc. having been granted on November 6, 2020, Registration No. 5835055 is hereby cancelled.
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