throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA584894
`ESTTA Tracking number:
`01/31/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91183834
`Plaintiff
`Omega SA (Omega AG) (Omega Ltd.)
`JESS M COLLEN
`COLLEN IP INTELLECTUAL PROPERTY LAW PC
`THE HOLYOKE-MANHATTAN BUILDING, 80 SOUTH HIGHLAND AVENUE
`OSSINING, NY 10562
`UNITED STATES
`tgulick@collenip.com, ogelber@collenip.com, docket@collenip.com
`Motion to Suspend for Settlement Discussions
`Oren Gelber
`ogelber@collenip.com, tgulick@collenip.com, docket@collenip.com
`/Oren Gelber/
`01/31/2014
`H245_Executed Consented Motion to Suspend for
`Settlement_140131.PDF(152756 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`ATTORNEY DOCKET NO. H245
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`OMEGA SA (OMEGA AG) (OMEGA LTD),
`
`OPPOSCT,
`
`0
`
`Consolidated Opp. Nos.: 91183834; 91189297;
`91192736; 91192796; 9115003; 91197082
`
`V.
`
`OMEGA PSI PHI FRATERNITY, INC.
`
`Applicant.
`MM
`
`CONSENTED MOTION FOR ONE HUNDRED AND TWENTY-DAY SUSPENSION
`
`FOR SETTLEMENT AND INCORPORATED PROGRESS REPORT
`
`Pursuant to the Trademark Trial and Appeal Board’s Orders dated November 5, 2012 and
`
`March 20, 2013, Opposer, with the consent of Applicant, respectfully submits this Motion For A
`
`One Hundred and Twenty-Day Suspension For Settlement, along with this report to the Board on ~
`
`the progress of settlement.
`
`PROGRESS OF SETTLEMENT
`
`The Parties advise the Trademark Trial and Appeal Board that the Parties’ efforts to settle
`
`this matter remain ongoing.
`
`Opposer’s counsel has revised the draft agreement
`
`to reflect discussions with and
`
`concerns of the Opposer. Opposer is now reviewing the revised draft settlement agreement.
`
`The Parties continue to work in good faith to resolve these proceedings with an amicable
`
`settlement and without the Parties incurring needless expense. The Parties request additional
`
`

`
`time in order to finalize a settlement agreement and memorialize the agreed upon terms. The
`
`requested one hundred and twenty-day suspension of remaining deadlines represents a balance
`
`between the Parties’ interests in resolving this matter amicably, and resolving it expediently.
`
`Despite the progress made in settlement negotiations, should the Parties nevertheless decide to _
`
`proceed with litigation on the merits, the requested suspension will permit the Parties time to
`
`revisit outstanding discovery requests and consider new discovery, including depositions, which
`
`the Parties have thus far deferred in order to focus their efforts on settlement.
`
`While the Parties do not yet have a firm deadline for a final agreement, the Parties are
`
`optimistic that a final resolution may be near. The parties hope to work cooperatively to revise
`
`the draft settlement agreement language. Opposer’s counsel notes that its client, a sponsor and
`
`the official timekeeper of the 2014 Winter Olympic Games in Sochi, Russia, is presently and
`
`may continue to experience personnel absences due to the resources required in the lead up to
`
`and during the 2014 Winter Olympics. As such, the upcoming 2014 Winter Olympic Games
`
`may somewhat disrupt the progress of settlement (of course the parties will do their best to
`
`ensure that settlement moves forward without undue delay).
`
`Settlement efforts are proceeding in good faith and the Parties continue to work toward a
`
`possible negotiated resolution of this matter.
`
`The Parties respectfully submit that the foregoing constitutes good cause for granting the
`
`requested suspension.
`
`

`
`MOTION ON CONSENT FOR SUSPENSION
`
`In light of the above, to permit the Parties additional time to reach and finalize an
`agreement, the Parties jointly request a one hundred and twenty-day suspension of all deadlines
`
`in the instant proceedings. The Parties request that the trial schedule of the instant opposition be
`
`reset as follows:
`
`Proceedings resume:
`
`Expert Disclosures:
`
`Discovery period to close:
`
`(May 23, 2014
`
`July 21, 2014
`
`3 August 20, 2014
`
`Plaintiffs Pretrial Disclosures due:
`
`October 4, 2014
`
`Testimony period for party in
`position of plaintiff to close
`(opening 30 days prior thereto):
`
`November 19, 2014
`
`Defendant’s Pretrial Disclosures due:
`
`December 3, 201,4
`
`* Testimony period for party in
`position of defendant to close
`(opening 30 days prior thereto):
`
`January 18, 2015
`
`Plaintiffs Rebuttal Disclosures due:
`
`V
`
`February 1, 2015
`
`Rebuttal testimony period to close
`(opening fifteen days prior thereto):
`
`March 3, 2015
`
`Briefs on final hearing shall become due as provided in Trademark Rule 2.128.
`
`

`
`Good cause exists for this extension of deadlines, and this request is made in good faith,
`
`and not for the purpose of undue delay.
`
`1 Date: Janua1y31,2014
`
`Respectfully submitted,
`
`Jess M. Collen
`
`Thomas P. Gulick
`
`Oren Gelber
`
`Collen IP
`
`The Holyoke-Manhattan Building
`80 South Highland Avenue
`Ossining, New York 10562
`Attorneysfor Opposer
`
`JMC/OG:ceb
`
`P:\I-I\h2\H245_Consolidated Status Report & Consented Motion to Suspend for Settlement_140l23.doc
`
`SHOULD ANY OTHER FEE BE REQUIRED, THE PATENT AND TRADEMARK OFFICE IS HEREBY
`REQUESTED TO CHARGE SUCH FEE TO OUR DEPOSIT ACCOUNT 03-2465.
`
`I HEREBY CERTIFY THAT THIS CORRESPONDENCE IS BEING FILED ELECTRONICALLY WITH THE
`UNITED STATES PATENT AND TRADEMARK OFFICE ON THE DATE SHOWN BELOW.
`
`Date: January 31, 2014
`
`Q52;
`
`

`
`CERTIFICATE or SERVICE 3
`
`,
`
`I, Qtyngg‘ QL. i)1.glg , hereby certify that I caused a true and correct copy ofthe
`
`Consented Motion for One H dred and Twenty-Day Suspension for Settlement and
`Incorporated Progress Report to be served upon App1icant’s Counsel of Record, viaifirst class
`mail, postage pre-paid, on this 31st Day of January, 2014:
`
`Tywanda H. Lord
`Nichole D. Chollet
`
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`
`Atlanta, GA 30309-4530
`
`2
`
`‘emfiea

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket