`ESTTA376446
`ESTTA Tracking number:
`11/02/2010
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91196540
`Plaintiff
`Apple Inc.
`Joseph Petersen
`Kilpatrick Stockton LLP
`31 W. 52nd Street, 14th Fl.
`New York, NY 10019
`UNITED STATES
`aljones@kilstock.com, jpetersen@kilstock.com, jvogel@kilstock.com,
`agarcia@kilstock.com, ipefiling@kilstock.com, AScott@kilstock.com
`Motion for Default Judgment
`Alicia Grahn Jones
`AlJones@kilpatrickstockton.com, jpetersen@kilstock.com, jvogel@kilstock.com,
`agarcia@kilstock.com, ipefiling@kilstock.com, AScott@kilstock.com
`/Alicia Grahn Jones/
`11/02/2010
`2010-11-2 [Apple v. Apple of My I] Motion for Default.pdf ( 4 pages )(12194
`bytes )
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`Proceeding
`Party
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`Correspondence
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`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial No. 77/763,021
`For the mark: APPLE OF MY I
`Filed: June 18, 2009
`Published: March 23, 2010
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`APPLE INC.,
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`: Opposition No. 91196540
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`Opposer,
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`ANTHONY SOUZA and
`RICHARD STIELER
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`Applicants.
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`MOTION FOR DEFAULT JUDGMENT
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`Apple Inc. (“Opposer”) hereby moves the Board for a default judgment against
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`Applicants Anthony Souza and Richard Stieler (“Applicants”) on Opposer’s claims in opposition
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`to registration of Application Serial No. 77/763,021.
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`The Board’s September 21, 2010 Notice set a October 31, 2010 deadline for Applicants
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`to file and serve an Answer in this proceeding. Applicants have failed to file or serve their
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`Answer.
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`In accordance with Rule 55(b) of the Federal Rules of Civil Procedure and Rule 2.106(a)
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`of the Trademark Rules of Practice, Opposer moves the Board for entry of default judgment on
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`Opposer’s claims in this Opposition proceeding. It is appropriate for the Board to enter
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`judgment against Applicants because Applicants failed to file and serve their Answer before the
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`October 31, 2010 deadline.
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`Respectfully submitted,
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`KILPATRICK STOCKTON LLP
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`/s/ Alicia Grahn Jones
`By:
`Joseph Petersen
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`31 West 52nd Street, 14th Floor
`New York, New York 10019
`Telephone: (212) 775-8700
`Facsimile: (212) 775-8800
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`Alicia Grahn Jones
`Allison M. Scott
`1100 Peachtree Street
`Suite 2800
`Atlanta, Georgia 30309
`Telephone: (404) 815-6500
`Facsimile: (404) 815-6555
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`Attorneys for Opposer Apple Inc.
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`Dated: November 2, 1010
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`CERTIFICATE OF TRANSMITTAL
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`I hereby certify that a true copy of the foregoing MOTION FOR DEFAULT
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`JUDGMENT is being filed electronically with the TTAB via ESTTA on this day, November 2,
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`2010.
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`/s/ Alicia Grahn Jones
`Alicia Grahn Jones
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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing MOTION FOR DEFAULT JUDGMENT
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`has been served on Applicants by depositing said copy with the United States Postal Service as
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`First Class Mail, postage prepaid, in an envelope addressed to:
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`Kimberly Tomei
`Law Office of Kimberly Tomei
`136 Bay Street
`Staten Island, New York 10301-2503
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`This the 2nd day of November, 2010.
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`/s/ Alicia Grahn Jones
`Alicia Grahn Jones
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