`
`BEFORE THE TRADEMARK TRIAL & APPEAL BOARD
`
`LEO STOLLER
`CENTRAL MFG. CO.
`
`Opposition No.:
`
`91170957
`
`7115 W. North Avenue #272
`
`Mark:
`
`STEALTH
`
`Oak Park, IL. 60302
`
`vs.
`
`Opposer,
`
`Application No.:
`
`75/718,440
`
`HEPA CORPORATION
`
`3071 E. Coronado Street
`
`Filed:
`
`June 1, 1999
`
`International Class: 011
`
`Anaheim, CA 92806
`
`Applicant.
`
`Box TTAB/NO FEE
`
`Published:
`
`November 9, 2004
`
`APPLICANT’S REPLY AND OPPOSITION TO
`
`“OPPOSER’S PRELIMINARY RESPONSE TO APPLlCANT’S MOTION FOR
`SUMMARY JUDGMENT
`
`AND FOR lNSTRUCTIONS”
`
`It may be that Opposer’s misnamed Preliminary Response, etc.
`
`is a
`
`request for an extension of time to respond to App|icant’s Motion for Summary
`
`Judgment in that on page 2 in the WHEREFORE paragraph Opposer seeks 30
`
`days from whenever the Board decides AppIicant’s Motions to Strike and to
`
`Dismiss and Motion for a More Definite Statement to respond to App|icant’s
`
`Motion for Summary Judgment. Applicant opposes this possible request for an
`
`extension of time to respond as yet another delaying tactic by this notorious
`
`abuser of TTAB proceedings. The Board has itself noted Opposer’s abusive and
`
`dilatory tactics. See Board's Sanctions Order of July 14, 2006, e.g. Footnote 2,
`
`against Leo Stoller.
`
`T
`
`1
`
`08-10-2006
`U.S. Patent & TMOfc/TM Mail Rcpt Dt. # :1.
`
`
`
`
`
`Or it may be that Opposer is asking the Board to confirm that it has no
`
`obligation to respond because proceedings were ispo facto suspended when the
`
`first two motions were filed and thus before the Summary Judgment motion was
`
`filed. Opposer seems to assume this but why file any response in that case?
`
`Or it may more likely be that Opposer has no response and has simply
`
`failed to respond on the merits to Applicant's Motion for Summary Judgment.
`
`Wherefore, granting of the Applicant's Motion for Summary Judgment is
`
`requested.
`
`Date:
`
`8 '6 iOLo
`
`
`
`(818) 952-3414
`(818) 952-3420
`
`Telephone No.
`Facsimile No.
`
`
`
`CERTIFICATE OF MAILING
`I, Louis J. Bachand, hereby certify that on August 8, 2006, the foregoing
`correspondence is being deposited with the United States Postal Service as first
`class mail, with sufficient postage fully prepaid thereon, in an envelope
`addressed to:
`
`TTAB/NO FEE
`
`Commissioner for Trademarks
`
`P.O. Box 1451
`
`
`
`CERTIFICATE OF SERVICE
`I, Louis J. Bachand, hereby certify that on August 8, 2006, the foregoing
`correspondence was deposited with the United States Postal Service as first
`class mail, with sufficient postage fully prepaid thereon, in an envelope
`addressed to and served upon:
`
`Leo Stoller
`President
`
`Central Mfg. Co.
`7115 W. North I
`
`-
`
`’
`
`Oak Park, I
`
`6
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