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`Opposition No. 120,691
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 120,691
`
`Mark: COOL INFO
`
`Application No. 75/722,166
`A- s _ -
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`§§ §
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`§ §
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`§ § §
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`§
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`§
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`STERLING SOFTWARE, INC.
`
`Opposer,
`
`vs.
`
`RICHEY, AARON LUKE
`
`App1‘°a“t'
`
`UNCONSENTED MOTION TO EXTEND
`TIME TO RESPOND TO NOTICE OF DEFAULT
`
`09-10-2003
`U-S- Patents: TM0fcITM Man Raptor. #79
`
`Opposer, STERLING SOFTWARE, INC., hereby moves to extend the deadline to
`
`respond to the notice of default in this matter for an additional thirty (30) days.
`
`Good cause exists for Opposer's request, this request is not brought for purposes of delay,
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`and there will be no prejudice to the non-moving party if this motion is granted by the Board. Opposer is
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`currently evaluating its future use of its COOL:__ family of marks, including Opposer’s registration
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`number 2,243,584 for COOL:BIZ that is the basis for this opposition. Additional time would help
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`Opposer evaluate its options regarding this opposition. Moreover, Opposer's attorney has had difficulty
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`in obtaining responses and instructions from Opposer regarding draft settlement agreements and
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`upcoming deadlines for filing substantive documents. After Opposer’s attorney made contact with
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`Opposer regarding responding to the Board's notice of default, the contact person was unable to reach
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`those persons with authority to supply instructions as to how to proceed in light of the Board’s notice. As
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`a result of these communication difficulties, Opposer’s attorney was unable to respond to the Board’s
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`notice of default before the expiration of today’s deadline.
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`Since this motion is being filed without the consent of the nonmoving party, it is being submitted
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`in single form.
`
`DALOI 1756207.]
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`
`
`Opposition No. 120,691
`
`Respectfully submitted on this lo day of September, 2003,
`
`itéwc 5. me
`David A. Bell
`
`BAKER BOTTS, L.L.P.
`2001 Ross Ave.
`
`Dallas, Texas 75201
`
`(214) 953-6479
`
`Attorneys for OPPOSER
`STERLING SOFTWARE, INC.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this
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`day of September, 2003, a true and correct copy of the
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`foregoing Unconsented Motion to Extend Time to Respond to Notice of Default was sent via first-class
`
` V
`
`Cecily
`
`rterfield
`
` obi
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`mail, postage prepaid, for service upon:
`
`Aaron Luke Richey
`3221 East 43”‘ Ave.
`
`Spokane, WA 99223
`
`DALOI :756207,l
`
` I hereby certify that this correspondence
`is being deposited with
`the United
`States Postal Service "Express Mail
`Post Office to Addressee" service under
`37 C.F.R.
`1.10
`in
`an
`envelope
`addressed to:
`
`
`
`
`
`
`
`
`
`
`BOX TTAB NO FEE, 2900 Crystal
`Drive, Arlington, Virginia 22202~3513 on
`September 10, 2003.
`
`
`
`
`Name:
`ecily Porterfield
`
`EV O7?>oQéSZZZ its
`Express Mail Cert. No.
`
`
`
`-1
`
`-.,
`
`a _
`
`1;
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`1; 4..
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`'
`
`B
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`“-9
`
`September 10, 2003
`
`V1,». EXPRESS Mm EV 073005922 US
`
`Commissioner for Trademarks
`
`BOX TTAB NO FEB
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`'
`
`//T/ifi
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`2001 R055 AVENUE
`DALLAs, TEXAS
`75201-2980
`214.953.5500
`FAX 214.953.5503
`
`AUSTIN
`BAKU
`DALLAS
`HOUSTON
`LONDON
`NEW YORK
`
`RIYADH
`WASHINGTON
`
`David A. Bell
`214.953.5479
`FAX 214.551.4899
`
`"°“"“’°"@b°"e'*’°”“°"“
`
`Re:
`
`Sterling Software, Inc. v. Aaron Luke Richey
`Mark: COOL INFO
`
`/
`
`~
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`' " "
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`
`Opposition No: 120,691
`Our File: 063170.2336
`
`,
`_
`Honorable Commissioner:
`
`09.10.2003
`
`u.s. Patent 3. TMOfcITM Mail RcptDt. #78
`
`Enclosed please find an Uncontested Motion to Extend Time to Respond to Notice
`ofDefault in the aboVe—referenced trademark opposition. While we do not expect there to be a
`fee for the filing of this Motion, please charge any related fees to Baker Botts L.L.P.’s Deposit
`Account 50-2147.
`
`Please acknowledge receipt of this document by stamping and returning the
`enclosed postage paid, self-addressed postcard. Your attention to this matter is greatly
`appreciated. If you have any questions concerning the enclosed, please do not hesitate to contact
`me.
`
`Very truly yours,
`
`012.4. A teed
`David A. Bell
`
`Q"
`
`L ;Pg»
`
`DAB:ckp
`
`Enclosures
`
`cc:
`
`Aaron Luke Richey
`Sterling Software, Inc.
`
`DALOI :756225.l
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