`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: July 30, 2010
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`Opposition No. 91188519
`Opposition No. 91193344
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`Deutsche Telekom AG
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`v.
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`SK Telecom Co., Ltd.
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`George C. Pologeorgis, Interlocutory Attorney:
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` It has come to the attention of the Board that
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`Opposition Nos. 91188519 and 91193344 involve the same
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`parties and common questions of law and fact. It would
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`therefore be appropriate to consolidate these proceedings
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`pursuant to Fed. R. Civ. P. 42(a).
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`Consolidation is discretionary with the Board, and may
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`be ordered upon motion granted by the Board, or upon
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`stipulation of the parties approved by the Board, or upon
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`the Board’s own initiative. See, for example, Wright &
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`Miller, Federal Practice and Procedure: Civil §2383 (2004);
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`Regatta Sport Ltd. v. Telux-Pioneer Inc., 20 USPQ2d 1154
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`(TTAB 1991) (Board’s initiative).
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`Accordingly, the above-noted opposition proceedings are
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`hereby consolidated and may be presented on the same record
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`and briefs.
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`Opposition No. 91188519
`Opposition No. 91193344
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`The Board file will be maintained in Opposition No.
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`91188519 as the “parent” case. The parties should no longer
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`file separate papers in connection with each proceeding
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`except for answers to the main pleading and/or any asserted
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`counterclaims. Such answers should be filed in the
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`appropriate corresponding proceeding. Only a single copy of
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`each paper should be filed by the parties and each paper
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`should bear the case captions as set forth above.1
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`In accordance with Board practice, discovery and trial
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`dates are reset to conform to the dates latest set in the
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`opposition proceedings that are being consolidated. The
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`Board notes, however, that in each of these now consolidated
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`proceedings the parties filed a consented motion on July 28,
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`2010 to suspend the proceedings up to, and including,
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`September 28, 2010 so that the parties may pursue settlement
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`negotiations. Each of the motions to suspend is hereby
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`granted.
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`Accordingly, these now consolidated proceedings are
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`suspended up to, and including, September 28, 2010, subject
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`to the right of either party to request resumption at any
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`time. See Trademark Rule 2.117(c).
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`1 The parties should promptly inform the Board in writing of any
`other related inter partes proceedings. See Fed. R. Civ. P.
`42(a).
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` 2
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`Opposition No. 91188519
`Opposition No. 91193344
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`In the event that there is no word from either party
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`concerning the progress of their negotiations, upon
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`conclusion of the suspension period, proceedings shall
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`resume without further notice or order from the Board, upon
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`the schedule set out below.
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`Opposer is allowed the time set forth below from
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`resumption in which to answer applicant’s counterclaim in
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`Opposition No. 91188519. Additionally, applicant is allowed
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`the time set forth below upon resumption in which to answer
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`the notice of opposition in Opposition No. 91193344.
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`Proceedings resume:
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` September 29, 2010
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`Conferencing, disclosure, discovery and trial dates are
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`reset as follows:
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`Answer in Opposition No. 91193344 and
`answer to Counterclaim in 91188519
`are both Due
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures
`30-day testimony period for
`plaintiff's testimony to close
`Defendant/Counterclaim Plaintiff's
`Pretrial Disclosures
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`30-day testimony period for defendant
`and plaintiff in the counterclaim to
`close
`Counterclaim Defendant's and
`Plaintiff's Rebuttal Disclosures Due
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`October 29, 2010
`November 28, 2010
`November 28, 2010
`December 28, 2010
`April 27, 2011
`May 27, 2011
`July 11, 2011
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`August 25, 2011
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`September 9, 2011
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`October 24, 2011
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`November 8, 2011
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` 3
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`Opposition No. 91188519
`Opposition No. 91193344
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`30-day testimony period for defendant
`in the counterclaim and rebuttal
`testimony for plaintiff to close
`Counterclaim Plaintiff's Rebuttal
`Disclosures Due
`15-day rebuttal period for plaintiff
`in the counterclaim to close
`Brief for plaintiff due
`Brief for defendant and plaintiff in
`the counterclaim due
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`Brief for defendant in the
`counterclaim and reply brief, if any,
`for plaintiff due
`Reply brief, if any, for plaintiff in
`the counterclaim due
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`December 23, 2011
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`January 7, 2012
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`February 6, 2012
`April 6, 2012
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`May 6, 2012
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`June 5, 2012
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`June 20, 2012
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`In each instance, a copy of the transcript of testimony
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`together with copies of documentary exhibits, must be served
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`on the adverse party within thirty days after completion of
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`the taking of testimony. Trademark Rule 2.l25.
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`If, during the suspension period, either of the parties
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`or their attorneys should have a change of address, the
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`Board should be so informed.
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