`Trademark Trial and Appeal Board
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Mailed:
`
`July 2, 2002
`
`Opposition No. 91118765
`
`STERLING SOFTWARE, INC.
`
`v.
`
`COOL PARTNERS, L.L.C.
`
`David Mermelstein, Attorney:
`
`On May 31, 2002, proceedings herein were suspended when
`
`the Board learned of applicant’s bankruptcy. Now before the
`
`Board is the June 20, 2002, motion of applciant’s counsel of
`
`record, to withdraw as counsel in this matter.
`
`Counsel’s request to withdraw will not be considered at
`
`this time because the paper was not accompanied by a
`
`certificate evidencing service of the paper on all other
`
`parties to the proceeding.1 In addition to the other
`
`parties, a request to withdraw in the circumstancees
`
`presented here must be served on both applicant and the
`
`bankruptcy trustee.
`
`While service upon a withdrawing
`
`attorney’s client is always required, it is particularly
`
`1 Trademark Rule 2.119(a) requires service of all papers filed in
`an opposition proceeding – with the exception of the notice of
`opposition – before the paper may be considered. The Board will
`strictly enforce its rules respecting the service and filing of
`papers.
`
`
`
`important when the client is in bankruptcy and the assets of
`
`the bankrupt are held in trust for the benefit of creditors.
`
`In an effort to move this matter forward, however, the
`
`Board encloses a copy of the request to withdraw with this
`
`order.
`
`The parties and the trustee in bankruptcy are
`
`allowed until THIRTY DAYS to respond, if desired.
`
`The
`
`trustee is requested to confirm its address for
`
`correspondence and to indicate whether it will serve as
`
`applicant’s attorney of record in this matter.
`
`Proceedings herein remain otherwise SUSPENDED.
`
`.oOo.
`
`cc: Robin A. Brooks
`Munsch Hardt Kopf& Harr, P.C.
`4000 Fountain Place
`1445 Ross Avenue
`Dallas, TX 75202-2790
`Telephone: 214-855-7585
`Facsimile: 214-855-7584
`
`Robert Yaquinto, Jr., Esq.
`Trustee for Cool Partners, LLC
`Sherman & Yaquinto, L.L.P.
`509 North Montclair Avenue
`Dallas, Texas 75208-5498
`
`ROBERT M. CHIAVIELLO, JR.
`BAKER BOTTS, LLP
`2001 ROSS AVENUE SUITE 1000
`DALLAS, TX 75201-2980
`
`Cool Partners, LLC
`17130 Dallas Parkway
`Dallas, Texas
`75248
`
`2
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