`ESTTA323757
`ESTTA Tracking number:
`12/23/2009
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91191998
`Plaintiff
`Kellogg North America Company
`Lisabeth H. Coakley
`Harness, Dickey & Pierce, P.L.C.
`5445 Corporate Drive, Suite 200
`Troy, MI 48098
`UNITED STATES
`coakley@hdp.com, tjcomparoni@hdp.com
`Motion to Consolidate
`Lisabeth H. Coakley
`coakley@hdp.com, tjcomparoni@hdp.com
`/lhc/
`12/23/2009
`Motion to Consolidate.pdf ( 3 pages )(106783 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
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Attorney Docket No. 8951-400265
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`Opposition No.91 191821
`Opposition No.91191998
`Opposition No.91 191999
`Opposition No.91 192000
`Opposition No.91 1925 05
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`Kellogg North America Company
`Opposer and Counterclaim Defendant,
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`v.
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`Tigerflow Systems, Inc.
`Applicant and Counterclaim Plaintiff,
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`CONSENTED MOTION TO CONSOLIDATE PROCEEDINGS AND
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`CONSENTED MOTION TO SUSPEND PROCEEDINGS
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`Consented Motion to Consolidate Proceedings
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`Opposer and Counterclaim Defendant, Kellogg North America Company (“Kellogg”),
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`respectfully requests that the above proceedings be consolidated pursuant to Fed. R. Civ. P. 42(a)
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`and T.M.B.P. §51l. Lisa Normand, counsel for Applicant, consented to this motion to consolidate
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`proceedings by e-mail on December 22, 2009.
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`When cases involving common questions of law or fact are pending before the Board, the
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`Board may order the consolidation of the cases. T.M.B.P. §51l.
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`In determining whether to
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`consolidate proceedings, the Board will weigh the savings in time, effort, and expense which may be
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`gained from consolidation, against any prejudice or inconvenience which may be caused thereby. Id.
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`See also, e.g., World HockeyAss ’n v. TudorMed. Prods. Corp., 185 U.S.P.Q. 246 (T.T.A.B. 1975).
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`Consolidation ofOppositionNos. 91191821, 91191998, 91191999, 91192000 and 91192505
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`is appropriate because they present common questions of law and fact. The parties in each
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`proceeding are the same and the marks and goods which are the subject of each proceeding are
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`identical and/or substantially related. Additionally, Opposer has challenged applicant’s right of
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`registration based on its ownership of substantially similar registered marks. Consequently, it is
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`15156383.1
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`believed the proceedings may be presented on the same record without appreciable inconvenience or
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`confusion. World Hockey Ass ’n. 185 U.S.P.Q. at 248. Furthermore, consolidation will be equally
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`advantageous to both parties. in the avoidance of duplication of effort, loss of time, and the extra
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`expense involved in conducting the proceedings alternately. Id.
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`Since the proceedings involve common questions oflaw and fact and since consolidation will
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`result in a savings in time, effort, and expense and will be equally advantageous to both parties and
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`the Board and since no prejudice will be caused by the consolidation of these proceedings, it is
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`respectfully requested that this Motion to Consolidate Opposition Nos. 91191821, 91191998,
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`91191999, 91192000 and 91192505 be granted.
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`Consented Motion to Suspend Proceedings
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`Opposer and Counterclaim Defendant, Kellogg North America Company, also respectfully
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`requests that the consolidated proceedings be suspended for a period of sixty (60) days in order to
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`allow the parties additional time to pursue settlement in this matter. Lisa Normand, counsel for
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`Applciant, consented to this motion to suspend proceedings by e-mail on December 22, 2009.
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`Notwithstanding the suspension, the parties have agreed that the due date for the initial discovery
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`conference for Opposition No. 91192505 shall remain January 11, 2010, as originally set in the
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`Board’s Institution Order.
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`15 156383.]
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`Since this request is made for good cause and not made for purposes of delay,
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`it is
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`respectfully requested that the suspension be granted and all discovery and trial dates be reset
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`accordingly.
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`Dated: December 23, 2009
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`Respectfully submitted,
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`1
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`f
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`i
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`By:
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`air’/~
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`-.
`Lisabeth H. Coakley
`Harness, Dickey & Pierce, P.L.C.
`Kellogg North America Company
`5445 Corporate Drive
`Troy, Michigan 48098
`(248) 641-1600
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`Attorneys for Opposer and Counterclaim
`Defendant, Kellogg North America Company
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing Consented Motion to
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`Consolidate Proceedings and Consented Motion to Suspend Proceedings has been served on the
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`following counsel for Applicant and Counterclaim Plaintiff, Tigerflow Systems, Inc., by mailing said
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`copy on December 23, 2009, via First Class Mail, postage prepaid to:
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`Lisa Normand, Esq.
`Schultz & Associates, P.C.
`5400 LBJ Freeway, Suite 1200
`Dallas, TX 75240-1067
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`//1 ‘
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`0'7
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`Timothy J. Comparoni
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`l5 l56383.l
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