`ESTTA294131
`ESTTA Tracking number:
`07/08/2009
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184900
`Plaintiff
`Information Superbrand, Inc.
`Robert L. Brooke
`Troutman Sanders LLP
`600 Peachtree Street, NE, Bank of America Plaza, Suite 5200
`Atlanta, GA 30308-2216
`UNITED STATES
`trademarks@troutmansanders.com
`Other Motions/Papers
`Robert L. Brooke
`trademarks@troutmansanders.com,rob.brooke@troutmansanders.com
`/Robert L. Brooke/
`07/08/2009
`BEAUTYPEDIA - Motion for Extension of Time to Serve Testimony
`Deposition.pdf ( 4 pages )(97977 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`INFORMATION SUPERBRAND, INC.
`
`Opposer,
`
`V.
`PAULA BEGOUN
`Applicant.
`
`Application Serial No. 77/255276
`Mark: BEAUTYPEDIA
`Opposition No. 91184900
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`)
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`3
`3
`3
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`______M___._____)
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`OPPOSER’S MOTION FOR AN EXTENSION OF TIME TO
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`SERVE TESTIMONY DEPOSITION PURSUANT TO 37 C.F.R.
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`2.125
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`INTRODUCTION
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`Opposer Information Superbrand,
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`Inc., pursuant
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`to 37 C.F.R.
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`§ 2.125, respectfully
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`requests that it be given an extension of thirty (30) days to serve the testimony deposition and
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`exhibits of Eric Park on Applicant Paula Begoun, and that the remaining testimony and briefing
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`periods for the parties be extended by the same amount of time.
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`BRIEF IN SUPPORT OF MOTION
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`In support of its motion, Opposer states that it took Mr. Park’s testimony deposition on
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`June 3, 2009. Counsel for Applicant attended the deposition. Opposer received for the first time
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`the transcript of Mr. Park’s testimony deposition, together with exhibits, on July 6, 2009 from
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`the court reporter, despite requests to deliver it sooner. Opposer still has to submit the deposition
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`to Mr. Park for his review, correction and signature. The regulation applicable to the service of
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`testimony depositions, 37 C.F.R. § 2.125, anticipates that such extensions will be occasionally
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`necessary.
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`In order to ameliorate the effect of the requested extension, and to allow Applicant to
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`prepare for her testimony, Opposer has today sent by overnight delivery a copy of Mr. Park’s
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`testimony deposition and exhibits to Applicant’s counsel.
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`As of the date of filing this motion, Applicant has not requested relief pursuant to 37
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`C.F.R. § 2.125. Moreover, Applicant has both moved for a suspension of this matter and filed a
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`motion to strike Mr. Park’s testimony deposition. It is clear that Applicant is not relying on
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`receiving Mr. Park’s testimony deposition and exhibits until after the Board’s resolution of its
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`motion to strike.
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`In short, Applicant will not be prejudiced by the extension sought by Opposer,
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`both because 37 C.F.R. § 2.125 contemplates an extension of the time to serve a testimony
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`deposition and exhibits, as well as an extension of time of the remaining testimony and briefing
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`periods, and because it is clear that Applicant is not relying on receipt of the transcript of Mr.
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`Park’s deposition and exhibits until after the Board rules on App1icant’s pending motion to
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`strike.
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`CONCLUSION
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`Based on the foregoing, Opposer respectfully requests that the Board grant Opposer a
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`thirty (30) day extension to serve the testimony deposition and exhibits of Eric Park on
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`Applicant, and extend the remaining testimony and briefing periods for the same amount of time.
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`This 8”‘ day of July, 2009.
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`Respectfully submitted,
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`TROUT
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`NDERS LLP
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` Robert L. Br
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`Daniele E. Bourgeois
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`Attorneys for Applicant
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`TROUTMAN SANDERS LLP
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`600 Peachtree Street, NE
`Bank of America Plaza - Suite 5200
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`Atlanta, Georgia 30308-2216
`(804) 697-1278
`(804) 698-5142
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`) )
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`INFORMATION SUPERBRAND, INC.
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`Opposer,
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`V.
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`)
`)
`)
`)
`)
`)
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`Applicant.
`MM
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`PAULA BEGOUN
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`Application Serial No. 77/255276
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`Mark: BEAUTYPEDIA
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`Opposition No. 91184900
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`CERTIFICATE OF SERVICE
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`I hereby certify that on July 8, 2009, I caused a true and correct copy of the foregoing
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`OPPOSER’S MOTION FOR AN EXTENSION OF TIME TO SERVE TESTIMONY
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`DEPOSITION PURSUANT TO 37 C.F.R. § 2.125 to be sent by FedEx overnight delivery,
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`4 postage prepaid, and by e-mail to counsel for Applicant as follows:
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`Patchen M. Haggerty
`Dorsey & Whitney LLP
`1420 Fifth Avenue
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`Suite 3400
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`Seattle, Washington 98101
`trnseattle@dorsey.c0m
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`This 8”‘ day of July, 2009.
`
`1850506v1
`
`Robert L. Brooke
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