Trademark Trial and Appeal Board Electronic Filing System. 3935
`
`ESTTA Tracking number: ESTTA31855
`
`Filing d'¢‘-1533
`
`05/02/2005
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91160749
`
`Defendant
`Lohmann Animal Health GmbH & Co. KG
`Lohmann Animal Health GmbH & Co. KG
`§ Heinz-Lohmann, Suite 4 DEX
`D-27472 Cuxhaven,
`
`ROBERT E. PURCELL
`’ WALL MARI]AMA & BILINSKI LLP
`
`Address
`
`, 101 SOUTH SALINA STREET, SUITE 400
`SYRACUSE, NY 13202
`
`Applicant's Motion For Discovery Sanctions In The Nature Of
`i Default Judgment
`
`Signature
`Date
`Attachments
`
`/Robert E. Purcellf
`05/02x2005
`Applicants motion to compel.pdf ( 29 pages )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of trademark application Serial No. 76,632,220
`
`Filed: October 31, 2001
`
`For the mark: AVIPRO
`
`Published in the Official Gazette on December 31, 2002
`
`Sanoti-Syntlrelabo,
`
`Opposcr,
`
`V.
`
`Opposition No. 91160749
`
`Lohrnann Animal Health
`
`G-rnbh & Co. KG,
`
`Applicant.
`
`APPLICANTS MOTION FOR DISCOVERY SANCTIONS
`
`lN THE NATURE OF DEFAULT JUDGMENT
`
`Applicant, Lohntann Animal Health Gtnblrl & Co., KG, hereby moves pursuant to
`
`Trademark Rule 2.120(g)(1) and FEtZl.R.ClV.P 3'i'(b)(2) for sanctions against Opposer in
`
`the nature of the entry of default judgment against Opposer for Opposer’s willful and
`
`complete failure to provide responses to interrogatories and document requests.
`
`As grounds for the instant Motion, Applicant states succinctly as follows.
`
`Applicant served on March 7, 2005 Lolimanrfs First Set of Interrogatories to
`
`Opposer and Loi1mann’s First Set of Requests for Production to Opposer, copies of which
`
`are attached hereto as Exhibits A and B, respectively. Responses to the discovery were
`
`due April Ii, 2005.
`
`Applicant’s attorneys sent a letter on April 11, 2005 to Opposer’s attorney by
`
`facsimile transmission noting that the responses were due to be served that day, asking
`
`that copies of the responses be sent by facsimile, and asking for cooperation with the
`
`

`
`logistics of producing, inspecting, and copying the requested documents. Later on April
`
`11, 2.005, Applicanfs attorney received a telephone call
`
`from O_pposer’s attorney
`
`admitting that Opposer had made no attempt to prepare responses. Opposer’s counsel
`
`requested additional time to respond to the discovery on the basis that he understood the
`
`parties were continuing to -discuss settlement. Applicant’s counsel is unaware of any
`
`such communications, and wanted to confirm with Applicantfs German attorneys
`
`whether such was the fact. Before Applicant’s counsel
`
`received a response from
`
`Applicant’s German attorneys, Qpposer filed a Motion To Extend The Discovery Period
`
`And Reset All Of The Dates, which is the subject of Applicant’s concurrently tiled
`
`opposition to that Motion. A.pplicant’s German attorneys confirmed the fact that there
`
`have been no settlement negotiations for several months.
`
`As of the date of the instant Motion, Opposer still has not provided any responses
`
`to the outstanding discovery.
`
`It is also noteworthy that Opposer has not initiated any
`
`discovery whatsoever in this opposition proceeding, Opposer has been absolutely
`
`indiffererit to the instant opposition proceedings and has knowingly failed to respond to
`
`Applicanfs outstanding discovery.
`
`Under such circumstances,
`
`the TTAB should
`
`terminate these proceedings by entering defaultjudgment against Opposer.
`
`Accordingly, Applicant prays for discovery sanctions in the nature of the entry of
`
`default judgment against Opposer.
`
`Respectfully submitted,
`
`Attorneys for Lohmann Animal Health
`Gmbh & Co. KG
`
`Date:
`
`.--*
`!
`5
`3’ 7' 6 3
`
`By:
`
`T
`
`Robert E. Purcell
`
`Wall Marjama & Bilinski LLP
`101 South Selina Street, Suite 400
`
`Syracuse, New York l3202
`Telephone: (315) 425-9000
`Facsimile: (315) 425-9114
`
`

`
`CERTIFICATE OF MAILING
`
`this APPLICANTS MOTION FOR DISCOVERY
`I hereby certify that
`SANCTIONS IN THE NATURE OF DEFAU.LT JUDGMENT respecting
`Application Serial No. 76/332,220 is being deposited with the United States Postal
`Service “Ex.piress Mail Post Office To Addressee", service under 37 § 1.10, in an Express
`Mail envelope, Express Mail No. E V 558766845 US, addressed to the Commissioner for
`Trademarks, Attention: TTAB, P.O. Box 1451, Arlington, VA 22313-1451 on May
`2:
`, 2005.
`
`APPLICANT’S MOTION FOR I) COVERY SANCTIONS IN THE NATURE OF
`
`, 2005 a true and correct copy ofthe foregoing
`
`and that on the
`
`clay of
`
`DEFAULT JUDGMENT was placed in the US. mail, postage prepaid, and addressed as
`follows:
`
`Darren Saunders
`
`Andrew T. Paredes
`
`Kirkpatrick & Lockhart LLP
`599 Lexington Avenue
`New York, New York 10022
`
`
`
`

`
`
`
`EXHIBIT AEXHIBIT A
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`Sanofi-Synthelaboi,
`
`Opposer/Plaintiff,
`
`Opposition No. 91160749
`Application No. 76/332,220
`
`
`
`
`
`V"
`Lghmam Animai Health
`Grnbh 8:: Co. KG,
`
`Applicant/Defendant.
`
`
`FIRST SET OF INTERROGATORIES T0 OPPOSER
`
`LOHMANNS
`
`Applicant, Lohmann Animal Health Gmbh & Co. KG, ("Lohrnann"), requests that
`
`Opposer, Sanofi-Synthelabo, ("Sano.f'1"), answer under oath, in accordance with Rule 33 of the
`
`Federal Rules of Civil Procedure and TBMP 406, or at any time earlier than permitted therein, as
`
`may be ordered by the Board or agreed to by the parties, the Interrogatories pro-pounded herein.
`
`DEFINITIONS
`
`A.
`
`in these interrogatories, the terms ‘‘document’‘, and “doc11rnent.s" are used in their
`
`customary broad sense and include, without being limited to,
`
`the original and any copy,
`
`regardless of origin or location, of the following items: notes, correspondence, internal company
`
`comrnunications,
`
`telegrams,
`
`cables,
`
`telexes,
`
`electronic mail,
`
`ledger books,
`
`statements,
`
`memoranda, summaries of records of conversations, diaries, reports, charts, tags, stickers, labels,
`
`cartons, boxes, art work, mockup labels, films, video tapes, photoboards, drawings, graphs,
`
`photographs, phono—records, computer disks and tapes from which information can be obtained
`
`or translated through detection devices into reasonably usable form, microfilms, minutes or
`
`records of meetings, reports anclfor summaries of interviews or investigations, opinion or reports
`
`of consultant or counsel, agreements, notebooks, letters, advertisements, promotional literature,
`
`

`
`trade letters, press releases, drafts of documents and revisions of drafts of: documents, and other
`
`written or recorded materials.
`
`B.
`
`In these interrogatories and definitions, where the term “identify” is used or
`
`identification of a document
`
`is required, such identification should include the following
`
`information, where applicable:
`
`at) the author’s name and address, and job title; lo) the date of its
`
`making; c) the general nature and subject matter of the documents; d) the name, address and job
`
`title of each recipient of a copy of these documents; e) the present location and custodian of the
`
`original and all copies thereof; it] whether Sanofi is willing to produce such document; g) the
`
`Bates number or -other identifying indicia of such document and h) for each document which
`
`Sanoii contends is privileged or otherwise excludable from discovery, the basis for such claim of
`
`privilege or other grounds for exclusion.
`
`C.
`
`The term “person" or “persons’
`
`includes not only natural persons, but also,
`
`without limitation, finns, partnerships, associations, corporations, and other legal entities, and
`
`divisions, departments or other units thereof.
`
`D.
`
`Wherever the identification of a person is requested, and such person is a natural
`
`person, such identification shall include the full name or designation of the person, the present or
`
`last known residence address of the person, the person’s position or title and the address of his
`
`place of ernployrnerrt or business, and the person’s last known residence and business telephone
`
`numbers.
`
`E.
`
`Whenever the identification of a person is requested, and such person is other than
`
`a natural person, such identification shall include the full name, the present or last known address
`
`of the principal place of business, and the state of incorporation, if any, of the person.
`
`F.
`
`Whenever the identification of a place of address is requested, such identification
`
`shall include the street address, city and state at which it is situated, or if such identification is
`
`not possible, otherwise to describe its location.
`
`

`
`G.
`
`The term “corI1munication"" shall mean a meeting, conxiersation, conference,
`
`telephone conversation,
`
`letter, electronic mail, telegram, telefax, mailgram, billing statement,
`
`inventory sheet, and xerograpltic transmission.
`
`H.
`
`Whenever the identification of a statement or communication is requested, such
`
`identification shall include the date thereof, the identification of the place Ctr places where the
`
`statement or communication was made or received, the identification of all persons making or
`
`receiving the statement or communication, the substance of the statement or cornrnunication with
`
`particularity, and the identification of all persons with whom the substance of the statement or
`
`communication has been discussed.
`
`1.
`
`The term "Lohmann" or "Applicant" shall mean Lohrnann Animal Health Gmbh
`
`& Co. KG and its various divisions, departments, subsidiaries, affiliates, predecessors, present
`
`or former officers, directors, agents, employees and all other persons acting on, or purporting to
`
`act on, its behalf.
`
`J.
`
`The term “Sanofi” or "Opposer" shall mean Sanofi-Synthelabo and its Various
`
`divisions, departments, subsidiaries, affiliates, predecessors, present or former officers, directors,
`
`agents, employees and all other persons acting on, or purporting to act on, its behalf.
`
`K.
`
`The term “Lohrnann’s AVIPRO Mark” all mean Lo.hmann's trademark, AVIPRO,
`
`which is at least partly the subject of US. Trademark Application Serial No. 76/332,220.
`
`L.
`
`The term “Sanofi’s AVAPRO Registrations” shall mean United States Trademark
`
`Registration Nos. 2,005,791; 2,190,958; and 2,233,375.
`
`M.
`
`The term "Lohmann’s AVIPRO Products" shall mean goods or services in
`
`connection with which Lohmann uses, intends to use, or has used, Lohmanrfs AVIPRO Mark.
`
`N.
`
`The term "Sanofi AVAPRO Products" shall mean goods or services in connection
`
`with which Sanofi uses, intends to use, has used, has licensed for use, or intends to license for
`
`use, the term, "AVAPRO" or any other similar terrn.
`
`

`
`O.
`
`The phrase “State the Basis” shall mean that, for any claini, assertion, allegation
`
`or contention identified in the interrogatory, you should
`
`(3.)
`
`identify each and every document (and, where pertinent, the section, article, or
`
`subparagraph thereof), which forms any part of the source of the party’S
`
`information regarding the alleged facts or legal conclusions referred to by the
`
`interrogatory;
`
`(b)
`
`Identify each and every communication which forms any part of the source of the
`
`party’s information regarding any alleged facts or legal conclusions referred to by
`
`the interrogatory;
`
`(c)
`
`State separately the acts or omissions to act on the part of any person (identifying
`
`the acts or omissions to act by stating their nature, time, and place and identifying
`
`the persons involved) which form any part of the party’s information regarding
`
`the alleged facts or legal conclusions referred to in the interrogatory; and
`
`(d)
`
`State separately any other fact which forms the basis of the party‘s information
`
`regarding the alleged facts or conclusions referred to in the interrogatory.
`
`INTERROGATORIES
`
`Interrogatorv No. 1:
`
`Describe in detail the circumstances regarding how and when Sanofi first became aware
`
`of Lohrnanrfs AVIPRO Mark anywhere in the world, and describe in detail any actions planned
`
`or taken by Sanofi as a result thereof.
`
`

`
`lnterroo,atorv No. 2:
`
`Identify every person having knowledge of the selection by Sanofi of the term
`
`"AVAPRO" for use in connection with Sanofi AVAPRO Products, and describe in detail the
`
`nature and substance of each such person's knowledge.
`
`lnterrogatorv No. 3:
`
`Identify every person having knowledge of each formal or informal investigation, study,
`
`survey, andfor search,
`
`if any, conducted by or on behalf of Sanofi respecting the term
`
`"AVAPRO" or any other similar term, and describe in detail the nature and substance of each
`
`such person's knowledge, including the results of such investigation, study, and/or search.
`
`Interrogatofi N0, 4:
`
`Identify every person on a supervisory, managerial, or professional
`
`level having
`
`knowledge of any manner in which Sanofi has used, currently uses, or intends to use, in the
`
`United States, the term "AVAPRO" or any other similar term, and describe in detail the nature
`
`and substance of each such person's knowledge.
`
`Interrogatorv No. 5:
`
`Identify, product code, package code, or other specific indicia, each product andfor
`
`service that Sanofi has manufactured, advertised, marketed, offered for
`
`sale,
`
`licensed,
`
`distributed, or otherwise caused to be provided in the United States, or intends to manufacture,
`
`advertise, offer for sale,
`
`license, distribute, or otherwise cause to be provided in the United
`
`States, in connection with the term "AVAPRO" or any other similar term.
`
`Interrovratorv No. 6:
`
`For each different product and/or service that Sanofi has manufactured, advertised,
`
`marketed, offered for sale, licensed, distributed, or otherwise caused to be provided in the United
`
`

`
`States, in connection with the term "AVAPRO" or any other similar term, identify every person
`
`having knowledge of the facts relating to Sanofi's earliest date of use anywhere of the term
`
`"‘AVAPRO" or any other similar term in connection with each of such products and/or services,
`
`and describe in detail the nature and substance of each such person's knowledge.
`
`Interrogatorv No. 7:
`
`For each different product and/or service that Sanofi has manufactured, advertised,
`
`marketed, offered for sale, licensed, distributed, or otherwise caused to be provided in the United
`
`States, in connection with the term "_AVAPRO" or any other similar term, identify every person
`
`having knowledge of the facts relating to Sanofi's earliest date of use in the United States of the
`
`term "AVAPRO" or any other similar term in connection with each of such products andlor
`
`services, and describe in detail the nature and substance of each such person's knowledge.
`
`Interrogatogy No. 8:
`
`For each different product and/or service that Sanofi has manufactured, advertised,
`
`marketed, offered for sale, licensed, distributed, or otherwise caused to be provided in the United
`
`States, in connection with the term or any other similar term, describe in detail how such term
`
`"AVAPRO" has appeared or is intended to appear when used or depicted in connection with
`
`such products and/or services, including without limitation,
`
`the visual manner in which such
`
`term appears,
`
`is displayed or utilized, or is intended to appear, be displayed or utilized, in
`
`connection with each of such product andfor service.
`
`Interrogatorv No. 9:
`
`For each different product and/or service that Sanofi has manufactured, advertised,
`
`marketed, offered for sale, licensed, distributed, or otherwise caused to be provided in the United
`
`States, in connection with the term "AVAPRO" or any other similar term, state the volume of
`
`

`
`sales in the United States, in dollars and individual units, for each year, beginning with the year
`
`1990, to the present.
`
`Interrogatorv No. 10:
`
`Identify the actual and potential purchasers (including the ultimate customer or any
`
`intermediary customer) to whom Sanofi or any other entity distributes, sells, or offers to sell, or
`
`intends to distribute, sell, or offer to sell, products anclfor services associated with the term
`
`"AV/~\.PRO" or any other similar term,
`
`including a detailed description of the demographic
`
`characteristics and markets of such purchasers.
`
`Intcrrogato rv No. 11:
`
`Identify every person on a supervisory, managerial, or professional level knowledgeable
`
`about Sano1"1's intended or actual use, advertising, licensing, or promotion of products andfor
`
`services in connection with the term "AVAPRO" or any other similar term, and describe in detail
`
`the nature and substance of each such person's knowiedge.
`
`Interrogratorv No. 12:
`
`Identify every person having knowledge of Sanoffs ‘contention, if any,
`
`that there is a
`
`substantial likelihood of confusion between each of the marks that are the subject of Sanofi’s
`
`AVAPRO Registrations and L-obrnann’s AK/I_PRO Mark, and describe in detail the nature and
`
`substance of each such person's knowledge.
`
`Intcrrouatorv No. 13:
`
`State the Basis for Sanofi’s contention that the respective goods of Sanoti and Lohmann
`
`are related or complementary, as alleged in paragraph 7’ of the Notice of Opposition.
`
`

`
`Interrogatorv N0. 14:
`
`State the Basis for Sanofi's contention that Lohmann’s AVIPRO Mark is
`
`likely to
`
`confusion, mistake, or cause deception among purchasers or members of the public as to
`
`Lohmann’s AVIPRO Mark and each of the marks that are the subject of Sanofi’s AVAPRO
`
`Registrations and also as to the source of origin or sponsorship of Lohmanifs goods for which
`
`Lohmann‘s AVIPRO Mark is used, or is intended to be used, as alleged in paragraph 8 of the
`
`Notice of Opposition.
`
`Interrogatorv No. 15:
`
`State the Basis for Sanoi'i’s contention that Lohm.ann’s AVIPRO Mark is calculated or
`
`likely to cause irreparable loss, injury, andfor damage to Sanofi’s business and to the good will
`
`thereto appertaining as symbolized by the AVAPRO trademark, as alleged in paragraph 9' of the
`
`Notice of Opposition.
`
`Interrogatorv No. 16:
`
`State the Basis for Sanoi'1’s contention that L-ohmann‘s AVIPRO Mark is a colorable
`
`imitation or misappropriation of Sanofi’s pleaded trademark, and will enable Lohmann to reap
`
`where it has not sown by trading on the goodwill of Sanofi’s business as symbolized by its
`
`pleaded trademark, as alleged in paragraph 10 of the Notice of Opposition.
`
`Interrorr,atorv No. 17:
`
`Identify all persons, employed, hired, retained, or to be offered, or expected to be
`
`employed, hired, retained, or offered, by Sanofi as expert consultants or witnesses in connection
`
`with this opposition proceeding, the subjects about which each such expert has been retained or
`
`is intended to be retained, and the substance of any testimony or evidence Sanofi intends to offer
`
`

`
`through each such expert in any motion or brief submitted by Sanoii, or at any trial or hearing in
`
`this matter.
`
`Interrngatnrv No. 18:
`
`identify any company, entity, or enterprise that has ever used or intended to use the term
`
`"AVAPRO" or any other similar term and is interlinked (e.g., as a parent, subsidiary, affiliate, or
`
`licensee) with Sanofi, and describe the nature of the relationship between such company, entity,
`
`or enterprise and Sanofi, and describe in detaii the nature of such use or intended use.
`
`Interrogatorv No. 19:
`
`Identify every person who participated in any acquisition, licensing, or other transfer of
`
`rights in the term "AVAPRO" or any other similar term, and for each such person, describe in
`
`detail such person's participation.
`
`Interrogatow No. 20:
`
`identify every person on a supervisory, managerial, or professional ievel who participated
`
`in the design or distribution of tags,
`
`labels, brochures,
`
`flyers, catalogs, advertisements,
`
`packaging, operation manuals, product specifications, or other materiai bearing the term
`
`“AVAPRO” or any other similar term, and for each such person, describe in detail such person’s
`
`participation.
`
`Interrcgatorv No. 21:
`
`Identify every person on a supervisory, managerial, or professionai level who participated
`
`in the design, production, marketing, or distribution of any products in connection with which
`
`the term “AVAPRO” or any other similar term has been used, and for each such person, describe
`
`in detail such persorfs participation.
`
`

`
`Interrogatorv No. 22:
`
`identify every person who participated in the decision to apply for registration of the term
`
`“AVAPRO" or any similar term, and for each such person, describe in detail such person’s
`
`participation.
`
`Interrogatorv No. 23:
`
`Identify every person having knowledge about any instances of possible confusion
`
`respecting the term “AVAPRO” or respecting Sanoffs products or respecting Lohmanrfs
`
`products {such as an inquiry whether Lohmann’s business was sponsored, affiliated, associated
`
`or endorsed by or connected with Sanofi, or Sanoffs receipt of any misdirected mail, telephone
`
`calls, orders or complaints intended for Lohmann), and for each such person, describe in detail
`
`such persorfs knowledge.
`
`Interrogatorv No. 24:
`
`identify every person having knowledge of any objections by either .Lohn1-arm or others to
`
`S-anofi’s use of the term “AVAPRO” or any other similar term, and for each such person,
`
`describe in detail such person’s knowledge.
`
`Interrogatorxs No. 25:
`
`Identify every person having knowledge of any facts forming the basis of Sanofi’s
`
`averrnents in paragraphs 7-10 in the Notice of Opposition, and for each such person, describe in
`
`detail such person’s knowledge.
`
`Interrogatog; No. 26:
`
`Identify every person having knowledge of any charge of infringement or unfair
`
`competition involving the term “AVAPRO” or any other similar term, and for each such person,
`
`describe in detail. such person’s knowledge.
`
`it)
`
`

`
`Interrogatorv No. 27:
`
`Identify every person having knowledge of any surveys concerning the recognition of,
`
`reaction to, impressions about, or perceptions of the term "AVAPRO" or any other similar term
`
`or the use or the intended use of such term in connection with any products and/or services.
`
`L01-IMANN ANIMAL HEALTH
`GMBH 8: co. KG
`
`By his attorneys,
`
`
`
` Robert E. urcell, Esq.
`
`Indrani1Mu.kcrji, Esq.
`WALL MARJAMA & BILINSKI LLP
`
`101 South Selina Street, Suite 400
`Syracuse, New York 13202
`Telephone:
`(315) 423-9000
`Facsimile:
`(315) 425-9114
`
`Dated: 3g 71 0 r
`
`11
`
`

`
`CERTIFICATE OF SEREICE
`The undersigned hereby certifies that on the
`g
`clay of
`
`.-
`
`SET OF INTERR GATORIES T0
`correct copies of the foregoing LOHMANIWS FIR
`OPPOSER were placed in the US. mail, postage prepaid, and addressed as follows:
`
`, 2005 true and
`
`Darren Saunders
`
`Andrew T. Paredes
`
`Kirkpatrick & Lockhart LLP
`599 Lexington Avenue
`New York, New York 10022
`
`
`
`

`
`
`
`EXHIBIT BEXHIBIT B
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Sanofi-Synthelabo,
`
`v.
`
`Opposer/Plaintiff,
`
`Lohmam Animal Health
`Gmbh & Co. KG
`
`Applicant/Defendant.
`
`Opposition No. 91 160749
`Application No. I6/332,220
`
` LOHMANN"S FIRST SET OF RE UESTS
`FOR PRODUCTION T0 OPPOSER
`
`
`
`Applicant, Lohmann Animal Health Gmbh 8:; Co. KG ("Lohmann"), hereby requests,
`
`pursuant to Rule 34 of the Federal Rules of Civil Procedure, that Opposer, Sanofi-Synthelabo
`
`("Sanofi"), produce at Wall Marjama & Bilinski LLP, 101 South Salina Street, Suite 400,
`
`Syracuse, New York 13202, at 9:00 AM, on April 10, 2005 or at any time earlier or other place,
`
`as may be ordered by the Trademark Trial and Appeal Board ("the Board") or as agreed to by the
`
`parties, each and every document and thing requested herein, and that Sanofi permit Lohrnann to
`
`inspect and/or copy said documents and things. All documents produced are to be categorized
`
`by request number, and the identity of the file and the identity of the person responsible for the
`
`file for each document produced is to be set forth.
`
`DEFINITIONS
`
`A.
`
`In these requests,
`
`the terms “document”, and “documents” are used in their
`
`customary broad sense and include without being limited to,
`
`the original and any copy,
`
`regardless oforigin or location, of the following items: notes, correspondence, internal company
`
`co-rnmuriications, telegrams, electronic rnait, instant messaging, cables,
`
`telexes, ledger books,
`
`statements, mernoranda, summaries of records of conversations, diaries, reports, charts, tags,
`
`stickers,
`
`labels, cartons, boxes, art work,
`
`rnockup labels,
`
`films, Video tapes, photoboards,
`
`

`
`drawings, graphs, photographs, phono—records, computer disks and tapes from which information
`
`can be obtained or translated through detection devices into reasonably usable form, rnicrotilms,
`
`minutes or records of meetings,
`
`reports andfor summaries of interviews or
`
`investigations,
`
`opinions or reports of consultants or counsel, agreements, notebooks, letters, advertisements,
`
`promotional literature, trade letters, press releases, drafts of documents and revisions of drafts of
`
`documents, and other written or recorded materials.
`
`13.
`
`The term “person” or “persons” includes not only natural persons, but also,
`
`without limitation, firms, partnerships, associations, corporations, and other legal entities, and
`
`divisions, departments or other units thereof.
`
`C.
`
`The term “communication” shall mean a meeting, conversation, conference,
`
`telephone conversation, electronic mail, instant messaging,
`
`letter, telegram, telefax, rnailgram,
`
`billing statement, inventory sheet, and xerographic transmission.
`
`D.
`
`Whenever the identification of a statement or communication is requested, such
`
`identification shall include the date thereof, the identification of the place or places where the
`
`statement or communication was made or received, the identification of all persons making or
`
`receiving the statement or communication, the substance of the statement or communication with
`
`particularity, and the identification of all persons with whom the substance of the statement or
`
`communication has been discussed.
`
`E.
`
`The term "Lohrnann" or "Applicant" shall mean Lohmann Animal Health Gmbh
`
`& Co. KG and its various divisions, departments, subsidiaries, affiliates, predecessors, present
`
`or former officers, directors, agents, employees and all other persons acting on, or purporting to
`
`act on, its behalf.
`
`F.
`
`The term “Sanoii” or "Opposer" shall mean Sanofi-Syntltelabo and its various
`
`divisions, departments, subsidiaries, affiliates, predecessors, present or former officers, directors,
`
`agents, employees and all other persons acting on, or purporting to act on, its behalf.
`
`

`
`G.
`
`The term “Lohmann’s AVIPRO Mark" a.ll mean L.ohrnann's trademark, AVIPRO,
`
`which is at least partly the subject of U.S. Trademark Application Serial No. 7{i!332,220.
`
`H.
`
`The term “Sanofi’s AVAPRO Registrations” shall mean United States Trademark
`
`Registration Nos. 2,005,7’9l; 2,190,958; and 2,238,375.
`
`I.
`
`The term "Lohmann’s AVIPRO Products" shall mean goods or services in
`
`connection with which Lohmann uses, intends to use, or has used, Lohmanrfs AVIPRO Mark.
`
`3.
`
`The term "Sanoli AVAPRO Products" shall mean goods or services in connection
`
`with which Sanoti uses, intends to use, has used, has licensed for use, or intends to license for
`
`use, the term, "AVAPRO" or any other similar term.
`
`Reguest No. 1:
`
`REQUESTS
`
`All documents and things referring or relating to Lohmann, including without‘ limitation,
`
`all documents and things referring or relating to Lohrnanrfs AVIPRO Mark.
`
`Reguest N0. 2:
`
`All documents and things referring or relating to Lol1mann’s AVIPRO Products.
`
`Rcguest No. 3:
`
`All documents and things referring or relating to Sanofi’s AVAPRO Registration.
`
`Reguest No. 4:
`
`All documents and things referring or relating to Sanofi‘s actual or intended use of the
`
`term "AVAPRO" or of any other similar term, including without limitation, all documents and
`
`things referring or relating to Sanofi AVAPRO Products.
`
`Reguest N0. 5:
`
`All documents and things supporting, derogating from, or otherwise referring or relating
`
`to, Sanoti's contention that
`
`there is substantial
`
`likelihood of confusion between Lohmann’s
`
`AVIPRO Mark and each of the marks that are the subject of Sanofi’s AVAPRO Registrations.
`
`3
`
`

`
`Reguest No. 6:
`
`All documents and things supporting, derogating from, or otherwise referring or relating
`
`to, Sanofi's contention that Lohmann's application and use of the term "AVZPRO" is likely to
`
`confuse, cause mistake, or deceive, purchasers or consumers of Lohmann AVlPRO Products into
`
`believing that Lohmann is affiliated, connected, or associated, with Sanofi, or
`
`that
`
`the
`
`Lohrnanifs AVIPRO Products originates with, or is sponsored by, or is approved by, Sanofi.
`
`Reguest No. 7:
`
`All documents and things
`
`referring or
`
`relating to any study,
`
`analysis,
`
`survey,
`
`investigation, or opinion referring or relating to the term "AVIPRO" or to any other similar term.
`
`Reguest No. 8:
`
`All documents referring or relating to each and every expert witness employed, hired,
`
`retained, or consulted by or for Sanofi in connection with either the term "AV.APRO" or any
`
`other similar term or this US. Trademark Opposition Proceeding.
`
`Request No. 9:
`
`All documents consulted or referred to by each and every expert witness employed, hired,
`
`retained, or consulted by or for Sanoli in connection with either the term "AVAPRO" or any
`
`other similar term or this U.S. Trademark Opposition Proceeding.
`
`Request No. ll}:
`
`All documents referring or relating to Sanof1's revenue associated with, or related in any
`
`way to, Sanof1's actual or intended use of the term "AVAPRO”, or any other similar term.
`
`Reguest No. 11:
`
`All documents referring or relating to Sanofi's revenue associated with, or related in any
`
`way to, Sanoffs AVAPRO Products.
`
`Reg nest No. 12:
`
`All documents referring or relating to Sanofi's first knowledge of Lohmann’s AVIPRO
`
`Mark.
`
`

`
`Reguest No. 13:
`
`All documents referring or relating to Sanofi's first knowledge of Lohrnann's use of the
`
`term "AVIPRO".
`
`Reguest No. 14:
`
`All documents referring or relating to actions taken by Sanofi, if any, upon learning of
`
`Lohrnanrfs AVIPRO Mark.
`
`Reguest No. 15;
`
`All documents referring or relating to actions taken "by Sanofi, if any, upon learning of
`
`Lohrnann's use of the term "AVIPRO".
`
`Reguest.No. 16:
`
`All documents and things supporting, clerogating from, or otherwise referring or relating
`
`to S-anofi's first use of the term "AVAPRO" or any other similar term in connection with any
`
`products andfor services.
`
`Reguest N0. 17:
`
`All documents and things supporting, derogating from, or otherwise referring or relating
`
`to Sanofi's first use of the term "AVAPRO" in connection with any of the goods recited in
`
`Sanofi’s AVAPRO Registration.
`
`Rcguest No. 18:
`
`All documents referring or relating to each person to whom Sanofi has sold,
`
`leased,
`
`licensed, or otherwise provided, or intends to sell, lease, license, or otherwise provide, Sanoffs
`
`AVAPRO Products.
`
`Reguest No. 19:
`
`All documents and things referring or relating to actual and potential purchasers
`
`(including the ultimate customer or any intermediary customer) to whom Sanofi or any other
`
`entity licenses, distributes, sells, or offers to sell, or intends to license, distribute, sell, or offer to
`
`sell, products andfor services associated with the term "AVAPRO" or any other similar term.
`
`5
`
`

`
`Reguest No. 20:
`
`All documents and things referring or relating to use of the term "AVAPRO" or any other
`
`similar term by any person or entity other than Lohmann.
`
`Regucst No. 21:
`
`To the extent not produced in response to another request made herein, all documents and
`
`things that Sanoii intends or expects to rely upon to support Sanofi's contentions, allegations, and
`
`averrnents in this U.S. Trademark Opposition Proceeding.
`
`Rcguest No. 22:
`
`All documents relating or referring. to Sanofi's policies or procedures for the making,
`
`distribution, storage and destruction of documents, e-emails, electronic documents, or other
`
`records.
`
`Request No. 23:
`
`All e-mails in Sanofi‘s possession, custody, or control referring or relating to Lol1n’1ar1n’s
`
`AVIPRO Mark, Sanofi’s AVAPRO Registrations, Loi1mann’s AVIPRO Products, or Sanofi’s
`
`AVAPRO Products.
`
`Reguest No. 24:
`
`All documents authored, created, or disseminated by, or apparentiy authored, created, or
`
`disseminated by Lohrnann in Sanofi's possession, custody, or control.
`
`Reg nest: No. 2.5:
`
`All documents sufficient to show Sanofrs organization and corporate structure, including
`
`without limitation, organizational charts and documents describing the duties and responsibilities
`
`of Sanofi employees at a supervisory, managerial, or professional level.
`
`Reguest No. 26:
`
`All documents
`
`referring or
`
`relating to any trademark applications or
`
`trademark
`
`registrations, whether pending, allowed, live, or dead, for the term "AVAPRO" or to any other
`
`similar term.
`
`

`
`Reguest N0. 27:
`
`All documents identified or referenced in Sanofi's responses to Lohmartn's First Set Of
`
`interrogatories To Opposer.
`
`Reguest No. 28:
`
`All documents consulted, referred to, or relating to, Sanofi's responses to