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EDGE Games, Inc. v. The Giving Back Fund, Inc.

Docket 92081010, Trademark Trial and Appeal Board (Nov. 13, 2022)
Case TypeCancellation
MarksEDGE GAMING PC, SHADOW'S EDGE, THE EDGE, EDGE, EDGE PC, EDGE GAMES
Respondent The Giving Back Fund, Inc.
Petitioner EDGE Games, Inc.
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No. 10 - EDGE Games, Inc. Reconsideration Denied

Document EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 10 (T.T.A.B. Feb. 23, 2023)
On January 25, 2023, the Board issued a notice of default in this proceeding in view of Respondent’s failure to file an answer to the petition for cancellation by the answer due date.1 The Board allowed Respondent 30 days from the mailing date of the notice to show cause why judgment should not be entered against it.
The basis for a request for reconsideration under Trademark Rule 2.127(b), 37 C.F.R. § 2.127(b), is that, based on the facts before it and the prevailing authorities, the Board erred in reaching the order or decision it issued.
With its filing, Respondent submitted a copy of the assignment document signed by an officer of the prior owner and/or assignor.
Because Petitioner has failed to show that the Board erred in reaching its decision to grant Respondent’s motion or set aside the notice of default, Petitioner’s construed request for reconsideration of the February 8, 2023 order is DENIED.
5 The Board notes that there is nothing in the Board’s order that indicates that the stated date of the assignment (March 1, 2022) was in any way material to the Board’s decision to find good cause to set aside the notice of default.
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No. 5 - Notice of Default

Document EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 5 (T.T.A.B. Jan. 25, 2023)
Chaunte Austin, Paralegal Specialist: An answer to the petition to cancel was due in this proceeding on December 27, 2022.
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 EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 2 (T.T.A.B. Nov. 17, 2022)
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. 12 - EDGE Games, Inc. Motion to Amend Pleading/Amended Pleading

Document EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 12 (T.T.A.B. Jun. 7, 2023)
Trademark Trial and Appeal Board Electronic Filing System.
Comes Petitioner EDGE GAMES, INC, (“Petitioner”) and moves to be permitted to amend its petition to cancel.
It has been brought to the attention of Petitioner that its argument regarding the alleged infringement by Registrant of Petitioner’s rights in its family of EDGE formative marks could have been more clearly stated.
Namely, that Petitioner’s claims of dilution by blurring and/or tarnishment and priority and likelihood of confusion based on Petitioner’s family of marks should have been stated more clearly.
This motion and the proposed Amended Petition have been served on Registrant via its representatives.
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No. 11

Document EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 11 (T.T.A.B. Mar. 22, 2023)

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No. 9

Document EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 9 (T.T.A.B. Feb. 21, 2023)

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No. 7

Document EDGE Games, Inc. v. The Giving Back Fund, Inc., 92081010, No. 7 (T.T.A.B. Feb. 8, 2023)

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