`
`ESTTA Tracking number: ESTTA6846
`
`Filing d3l3e3
`
`03/23/2004
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91154146
`
`Defendant
`Ehlke & Co., Inc.
`Ehlke & Co., Inc.
`§ 62 Massachusetts Ave.
`Lexington, MA 02420
`
`HELEN HILL MINISKER
`§ BANNER & WITCOFF, LTD
`Correspondence l
`Address
`I 1001 G STREET, NW
`; WASHINGTON, DC 20001-4597
`
`Submission
`
`Motion to Lift Suspension & Resume Proceedings
`
`Ffler's Name
`
`Helen Hill Minsker
`
`Filer's e—mail
`Signature
`
`hminsker@bannerwitcoff. com
`/Helen Hill Minskerl
`
`Attachments
`
`Geek Moti0n.pdf ( 4 pages )
`
`
`
`Attorney Docket: 6277.00001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the Matter of Trademark Applicant:
`
`GEEK SQUAD, INC., a wholly-owned
`subsidiary of BEST BUY CO., INC.
`
`Opposer,
`
`V.
`
`GEEK HOUSECALLS, INC.
`
`Applicant.
`
`\/\/&/\/&/%\&§/9/%\/\/Q
`
`Opp. No. 91154146
`
`Serial No. 76/351,422
`Mark: GEEK HOUSECALLS & Design
`Published July 30, 2002
`
`MOTION TO LIFT SUSPENSION & RESUME PROCEEDINGS
`
`Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, Virginia 22202-3513
`
`Sir:
`
`Applicant, Geek Housecalls, Inc. (by change of name from Ehlke & Co., Inc.) moves that
`
`the suspension order issued by the Board on December 18, 2003 be lifted and proceedings
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`resumed. No substantive settlement discussions have occurred since the parties agreed to
`
`suspend proceedings at the end of September, 2003, notwithstanding that Applicant’s counsel
`
`has contacted Opposer’s counsel several times to try to move the matter forward. Given that
`
`almost six months have passed with no progress, Applicant has no reasonable expectation that
`
`Opposer will now enter into bona fide settlement negotiations, and sees no purpose in further
`
`delaying the proceeding. Thus, Applicant requests that the Board resume proceedings and reset
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`the testimony periods and also, as explained below, order Opposer to respond to App1icant’s
`
`683818
`
`
`
`Attorney Docket: 6277.0000l
`
`Interrogatories and Document Requests, within 10 (ten) days of the date of the Board’s order
`
`resuming the proceedings.
`
`Opposer Should Be Ordered to Respond to Applicant’s Discovery Reguests in 10 Days
`
`Requiring Opposer to respond within ten days to Applicant’s discovery requests, which
`
`were served on August 13, 2003, is amply justified. Opposer refused to grant Applicant more
`
`than a single, two—week extension for Applicant to respond to Opposer’s discovery requests (and
`
`this was only given in exchange for granting a mutual extension of two weeks to Opposer.)
`
`However, shortly before Opposer’s responses were due on October 1, 2003 (the response
`
`deadline included the two week extension), Opposer’s counsel contacted the undersigned to
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`indicate that Opposer needed additional time to prepare its discovery responses, and also was
`
`interested in examining possible resolution of the matter. Applicant, wishing to facilitate
`
`settlement discussions, agreed to the suspension of proceedings (and consequent extension of the
`
`deadline for Opposer’s discovery responses), even though Opposer had not been equally
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`cooperative in dealing with Applicant’s request for additional time.
`
`Opposer is the plaintiff in the proceeding and has the burden of going forward. However,
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`after almost six months, Opposer has neither pursued the case on the merits, nor has it attempted
`
`to resolve the case amicably. Further, Opposer has ample notice of Applicant’s intent to resume
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`the proceeding. Given the circumstances, Opposer cannot claim hardship at having to respond to
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`Applicant’s discovery requests within 10 days of the resumption of proceedings.
`
`683818
`
`
`
`Attorney Docket: 6277.00001
`
`For the reasons set forth above, it is respectfully requested that the proceedings be
`
`resumed and that Opposer be ordered to respond fully to all of Applicant’s outstanding discovery
`
`requests within 10 days of the date of the Board’s Order.
`
`Date:
`
`Respectfully submitted,
`
`BANNER & WITCOFF, LTD.
`
`Attorneys for Applicant
`
`By: elen Hi 1 Minsker
`
`1001 G Street, NW
`Suite 1100
`
`Washington, DC 20001-4597
`Telephone: 202-508-9285
`
`683818
`
`
`
`Attorney Docket: 6277.00001
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 23rd day of March, 2004, a copy of the foregoing
`MOTION TO LIFT SUSPENSION & RESUME PROCEEDINGS was served on counsel for
`
`Opposer by facsimile and by first class mail, postage prepaid, addressed as followed:
`
`Rita Coyle DeMeules, Esq.
`Misti Nelc, Esq.
`Robins, Kaplan, Miller & Ciresi LLP
`800 LaSa1le Avenue
`
`2800 LaSalle Plaza
`
`Minneapolis, MN 55402
`
`
`
`683818
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