Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA586765
`ESTTA Tracking number:
`02/11/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91199193
`Defendant
`Alejandro E. Del Real
`ALEJANDRO E DEL REAL
`PO BOX 480494
`DELRAY BEACH, FL 33446 9538
`UNITED STATES
`ADelReal@GoToYourSite.com
`Opposition/Response to Motion
`Alejandro E. Del Real
`ADelReal@GoToYourSite.com
`/Alejandro E. Del Real/
`02/11/2014
`GTYSvCTXS_OppositionTo_CTXS-MotionToCompel.pdf(378811 bytes )
`EXHIBIT-A1_CTXS_Interrogatories_1st-SET_July-12-2011.pdf(49934 bytes )
`EXHIBIT-A2_CTXS_Req-For-Admission_1st-SET_July-12-2011.pdf(39467
`bytes )
`EXHIBIT-
`A3_CTXS_Req-Production-Documents_1st-SET_July-12-2011.pdf(42630 bytes
`
`)E
`
`XHIBIT-B1_CTXS_Interrogatories_2nd-SET_June-20-2013.pdf(63681 bytes )
`EXHIBIT-B2_CTXS_Req-For-Admission_2nd-SET_June-20-2013.pdf(50892
`bytes )
`EXHIBIT-
`B3_CTXS_Req-Production-Documents_2nd-SET_June-20-2013.pdf(52338
`bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 1
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`___________________________
`) Consolidated Opposition No. 91199193 (Parent File)
`CITRIX ONLINE LLC,
`
`Opposer,
`
`
`
`)
` Serial No. 85/029,036 (GOTOYOURSITE)
`v.
`
`
`
`
`)
`ALEJANDRO E. DEL REAL,
`)
`Applicant.
`
`
`
`)
`___________________________
`) Cancellation No. 92054768
`CITRIX ONLINE LLC,
`
`Petitioner,
`
`
`
`) Registration Nos: 3523791, 3520471, 3505161,
`v.
`
`
`
`
`) 3611297, 3611298, 3611296, 3611325, 3611299,
`GOTOYOURSITE.COM, LLC,
`) 3611301, 3611327, 3608381, 3684966, 3520499,
`ALEJANDRO E. DEL REAL
`) 3520480
`Respondent.
`
`
`)
`___________________________
`) Opposition No. 91204641
`ALEJANDRO E. DEL REAL,
`Opposer,
`
`
`
`) 85430869 (GOTOMYPERSONALCLOUD)
`v.
`
`
`
`
`)
`CITRIX ONLINE LLC,
`
`)
`Applicant.
`
`
`
`)
`
`
`Alejandro E. Del Real, GoToYourSite.com LLC,
`and/or GoToYourSite/MD Corporation
`
`
`
`OPPOSITION TO
`CITRIX ONLINE’S MOTION TO COMPEL
`
`
`
`Alejandro E. Del Real, GoToYourSite.com LLC and/or GoToYourSite/MD
`
`Corporation (collectively “GTYS-DELREAL”), also responding instead of Adcuent Inc1, hereby
`
`respectfully oppose to Citrix Online’s Motion To Compel. This opposition is filed in “good
`
`faith” and it is also “timely filed”. The grounds for this Opposition are as follows:
`
`As a general Objection, GTYS-DELREAL here denies all the malicious allegations from
`
`Citrix Online LLC and/or Citrix Systems Inc (collectively “CITRIX”) in it’s Motion To Compel, on
`
`the grounds that they are false and/or could not be corroborated. CITRIX has abusively
`
`bombarded GTYS-DELREAL with Interrogatories, Request for Admission and production of
`
`documents, in excess to what the Fed. Rules of Procedure mandate as to Discovery Requests.
`
`___________________________________________________________________________________
`1. Adcuent Inc has released itself from the Registered Marks intended to be cancelled, by Citrix Online
`LLC, in Cancellation Proceeding No: 92054768. See ¶¶1-5 on Declaration I filed on June 19th 2013 in
`Cancellation Proceeding No: 92054768. The marks belong now to GTYS-DELREAL.
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 2
`
`
`Contrary to CITRIX’s misrepresentations in its motion, GTYS-DELREAL has responded to the
`
`
`
`discovery requests (see attached). The problem is that CITRIX has exceeded the discovery limit,
`
`so GTYS-DELREAL is not in obligation to respond to the excess of discovery. Furthermore,
`
`CITRIX made no attempt to narrow the excess discovery prior to GTYS-DEL REAL responding,
`
`as required by Trademark Rule 2.120(e. For these reasons, CITRIX’s motion should be denied.
`
`
`I. Facts Relating to CITRIX’s Motion.
`
`CITRIX failed to respond entirely to discovery served by GTYS-DELREAL. CITRIX responses
`
`are evasive and CITRIX has not produced any documents requested. Within the attempts
`
`among the parties to resolve the issues, CITRIX continues to evade answering to the discovery
`
`requests and to the request for production of documents from GTYS-DELREAL.
`
`GTYS-DELREAL denies all the FALSE and MALICIOUS allegations from CITRIX against GTYS-
`
`DELREAL. Furthermore, GTYS-DELREAL states here that the parties never entered into any
`
`settlement negotiations. CITRIX threatened GTYS-DELREAL, that if GTYS-DELREAL was not
`
`going to sell all its marks and domain names and company names to CITRIX, then CITRIX was
`
`going to use the USPTO/TTAB as a TOOL of WAR against GTYS-DELREAL, with the purpose
`
`to REMOVE GTYS-DELREAL from its alleged CITRIX TERRITORY.
`
`
`II. CITRIX’s Motion to Compel is Improper and Should Be Denied.
`
`A. GTYS-DELREAL responded CITRIX’s Discovery Requests.
`
`
`As set forth above, GTYS-DELREAL has responded to CITRIX’s discovery requests.
`
`Nevertheless, CITRIX decided to bombard GTYS-DELREAL with excessive additional discovery
`
`requests. Meanwhile CITRIX continues to disregard its own discovery obligations by evading
`
`answering and has not produced any of the documents requested.
`
`
`
`B. CITRIX made No Effort to NARROW its requests prior to GTYS-DELREAL responding.
`
`Trademark Rule 2.120(e) requires that CITRIX make a good faith effort to narrow its discovery
`
`requests and failed to do so prior to GTYS-DELREAL responding. In light of the above, GTYS-
`
`DELREAL respectfully requests that the Board deny CITRIXl’s motion to compel and grant any
`
`such other relief that the Board deems appropriate in light of CITRIX abusive and harassing
`
`behavior disregarding the rules and orders applicable to this proceeding.
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 3
`
` By: /Alejandro E. Del Real/ .
` Alejandro E. Del Real
`
`
` GoToYourSite.com, LLC
` GoToYourSite/MD Corporation
`
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`I hereby certify that I caused a true and correct copy of the within to be mailed or e-
`mailed/faxed to: Deborah J. Peckham and/or Sara Y. Beccia at 125 Summer Street, Boston,
`
`MA 02110 on this 11 day of February , 2014.
`
`
`
`
`
` By: /Alejandro E. Del Real/ .
`Alejandro E. Del Real
`
`
`
`GoToYourSite.com, LLC
`GoToYourSite/MD Corporation
`P.O.Box 480494
`Delray Beach, FL 33448
`Telephone: 561.441-2505
`
`
`
`
`
`
`
`
`
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 4
`
`
`
`EXHIBIT A
`
`
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 1
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`___________________________
`) Consolidated Opposition No. 91199193 (Parent File)
`CITRIX ONLINE LLC,
`
`Opposer,
`
`
`
`)
` Serial No. 85/029,036 (GOTOYOURSITE)
`v.
`
`
`
`
`)
`ALEJANDRO E. DEL REAL,
`)
`Applicant.
`
`
`
`)
`___________________________
`) Cancellation No. 92054768
`CITRIX ONLINE LLC,
`
`Petitioner,
`
`
`
`) Registration Nos: 3523791, 3520471, 3505161,
`v.
`
`
`
`
`) 3611297, 3611298, 3611296, 3611325, 3611299,
`GOTOYOURSITE.COM, LLC,
`) 3611301, 3611327, 3608381, 3684966, 3520499,
`ALEJANDRO E. DEL REAL
`) 3520480
`Respondent.
`
`
`)
`___________________________
`) Opposition No. 91204641
`ALEJANDRO E. DEL REAL,
`Opposer,
`
`
`
`) 85430869 (GOTOMYPERSONALCLOUD)
`v.
`
`
`
`
`)
`CITRIX ONLINE LLC,
`
`)
`Applicant.
`
`
`
`)
`
`
`Alejandro E. Del Real, GoToYourSite.com, LLC &
`GoToYourSite/MD Corporation
`
`ANSWERS TO THE REQUEST FOR ADMISSIONS
`
`FROM
`CITRIX ONLINE, LLC. FILED ON JULY 12 2011
`PERTEINING TO OPPOSITION NO: 91199193
`(Serial No. 85/029,036 - Mark: GoToYourSite)
`
`
`
`Preliminary Response and General Objections
`
`
`
`
`
`1) DEL REAL objects Citrix Online LLC’s and Citrix Systems, Inc’s references of
`
`any of their respective marks, as their “GOTO Marks”, “GOTO Mark”, “GoTo Marks”,
`
`and/or “GoTo Mark”, on the grounds that Citrix Online, LLC. nor Citrix Systems, Inc. own
`
`neither the mark nor the term “GOTO”. Furthermore, Del Real, GoToYourSite.com, LLC.
`
`and GoToYourSite/MD Corporation are here protesting to the TTAB, about the marketing
`
`strategies from Citrix Online, LLC. and Citrix Systems, Inc. when using the term “GoTo”
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 2
`
`
`and/or “GOTO” alone in their marketing materials, with the purpose to abusively impose
`
`a “secondary meaning” in the marketplace, which does not exist.
`
`2) DEL REAL objects to Citrix Online LLC’s Definitions and Instructions described in all
`
`Discovery Requests in the grounds that are confusing, abusive and that define an infinite and/or
`
`never ending response.
`
`3) DEL REAL reserves the right to supplement, amend or correct all or any part of the
`
`responses and objections provided herein, and the right to object to the admissibility in evidence
`
`of all or any of the information and/or documents identified and any information contained
`
`therein.
`
`4) DEL REAL makes no incidental or implied admissions by the responses below. Any
`
`admissions are specific and explicit.
`
`5) DEL REAL objects to the requests for admission to the extent that they call for the
`
`disclosure of information that is subject to and protected by the attorney-client privilege, the
`
`attorney work-product privilege, or any other privilege. Inadvertent disclosure of information
`
`subject to any privilege does not waive the privilege as to other information or documents
`
`regarding the same subject or content and does not waive Del Real’s right to object to the
`
`introduction of such privileged information or documents into evidence.
`
`6) DEL REAL objects to the request for admissions to the extent that they seek
`
`confidential, proprietary, or trade secret information.
`
`7) DEL REAL expressly reserves the right to object to further discovery into the subject
`
`matter of any of these requests for admissions. DEL REAL further reserves the right to
`
`challenge the competency, relevance, materiality or admissibility of any information it refers to in
`
`its responses, and does not wave any objection which might otherwise be made.
`
`8) DEL REAL objects to the request to admissions to the extent they seek to impose
`
`obligations on DEL REAL greater than those provided for by the applicable Federal Rules of
`
`Civil Procedure, TTAB orders and laws governing the proper scope of discovery, or seek
`
`information or documentation not within DEL REAL’s possession, custody or control.
`
`9) DEL REAL objects to the requests for admissions to the extent that any of them call
`
`for “all”, “each”, “any” or “every”, on the grounds they are overly broad and unduly burdensome.
`
`It is impossible to represent, even after a reasonable and diligent search, that all, each, or every
`
`bit of information falling within a description can be or has been assembled. Information or
`
`documents may be known by many people and may be kept in a myriad of locations and files.
`
`DEL REAL cannot warrant or represent that each or all or every bit of information requested has
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 3
`
`
`been provided, only that DEL REAL has disclosed that information which it could gather in
`
`response to Opposer’s requests for admissions within the personal knowledge of the
`
`respondent.
`
`10) DEL REAL objects to the requests for admission to the extent they create or imply a
`
`legal duty on DEL REAL which DEL REAL is otherwise not required to provide.
`
`11) All of DEL REAL’s general objections shall be deemed continuing throughout the
`
`responses to the specific Interrogatories that follow, even when not further referenced to in said
`
`requests for admissions.
`
`
`
`ANSWER TO REQUESTS FOR ADMISSION
`
`REQUEST NO. 1: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,523,791
`
`for the mark GO TO YOUR.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 2: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,520,471
`
`for the mark GO TO YOUR SITE.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 3: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,505,161
`
`for the mark GOTOYOURSITE.COM.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 4: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,611,297
`
`for the mark GOTOYOURSITE.COM/ALUMNI.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 5: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,611,298
`
`for the mark GOTOYOURSITE/COM.
`
`
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 4
`
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 6: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,611,296
`
`for the mark GOTOYOURSITE/EDU.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 7: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,611,325
`
`for the mark GOTOYOURSITE/KIDS.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 8: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,611,299
`
`for the mark GOTOYOURSITE/MOBI.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 9: Admit that Adcuent, Inc. is the owner of U.S. trademark registration 3,611,301
`
`for the mark GOTOYOURSITE/NAME.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 10: Admit that Adcuent, Inc. is the owner of U.S. trademark registration
`
`3,611,327 for the mark GOTOYOURSITE/TEENS.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 11: Admit that Adcuent, Inc. is the owner of U.S. trademark registration
`
`3,608,381 for the mark GTYS.
`
`Answer: Denied
`
`
`
`
`
`

`
`REQUEST NO. 12: Admit that Adcuent, Inc. is the owner of U.S. trademark registration
`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 5
`
`
`3,684,966 for the mark GOTOYOURTV.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 13: Admit that Adcuent, Inc. is the owner of U.S. trademark registration
`
`3,520,499 for the mark GOTOCLEANINTERNET.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 14: Admit that Adcuent, Inc. is the owner of U.S. trademark registration
`
`3,520,480 for the mark GOTOGREENPLANET.
`
`Answer: Denied
`
`
`
`
`
`REQUEST NO. 15: Admit that Applicant controls use of the GOTOYOURSITE designation and
`
`controls the quality of the goods and services offered under the GOTOYOURSITE designation.
`
`Answer: Objection. This request is not reasonably calculated as the required scope is too
`
`
`
`broad. Without waving said objection, Applicant can admitted in part. DEL REAL,
`
`GoToYourSite.com, LLC and GoToYourSite/MD Corporation share such control.
`
`
`
`REQUEST NO. 16: Admit that Applicant was aware of Citrix Online LLC at the time he adopted
`
`the GOTOYOURSITE designation.
`
`Answer: Denied, Applicant was not aware of Citrix Online LLC
`
`
`
`
`
`REQUEST NO. 17: Admit that Applicant was aware of Opposer’s Mark at the time he adopted
`
`the GOTOYOURSITE designation.
`
`Answer: Objection: Applicant can not Admit nor Deny the request, as such is impossible
`
`
`
`to answer as it does not specify what mark is referring to. Without waving said objection,
`
`Applicant can admit that at the time of registering the www.GoToYourSite.com domain name, he
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 6
`
`
`was not aware of Citrix Online LLC. Furthermore, Applicant will admit that the invention and
`
`creativity of the name “GoToYourSite” came into mind as is a phrase that is used by someone to
`
`direct someone else to login into a site on the web. For example: “I need you to go to your site
`
`and login with your user name and password”. The word “site”, referring to a site on the web, for
`
`example, a customer’s site representing a “Company” site (e.g.: Company Cloud), a “Personal”
`
`site (e.g.: Personal Cloud, Personal Media), a “Project” site (Project Cloud), etc.
`
`
`
`REQUEST NO. 18: Admit that the services offered by Applicant under the GOTOYOURSITE
`
`designation are related to those offered under Opposer’s Mark.
`
`Answer: Objection: Applicant can not Admit nor Deny the request, as such is impossible
`
`
`
`to answer as it does not specify what mark is referring to. Without waving said objection,
`
`Applicant can admit that the services offered under the “GoToYourSite” brand are neither related
`
`nor similar to the ones offered by Citrix Online LLC. in its marks included as part of Opposition
`
`No. 91199193 and Cancellation No. 92054768.
`
`
`
`REQUEST NO. 19: Admit that the channels of trade for Applicant’s GOTOYOURSITE services
`
`are similar to those channels of trade for the goods and services offered in connection with
`
`Opposer’s Marks.
`
`Answer: Objection: Applicant can not Admit nor Deny this request as it is not clear for
`
`
`
`Applicant what are Citrix Online LLC’s channels of trade.
`
`
`
`REQUEST NO. 20: Admit that the consumers of Applicant’s GOTOYOURSITE services are
`
`likely to overlap with consumers of the goods and services offered in connection with Opposer’s
`
`Marks.
`
`Answer: Objection: Applicant can not Admit nor Deny this request as it is not clear for
`
`
`
`Applicant what are Citrix Online LLC’s consumers of goods and services.
`
`
`
`REQUEST NO. 21: Admit that Applicant’s use of the GOTOYOURSITE designation is likely to
`
`cause confusion as to source, affiliation or sponsorship of Applicant’s services with those of
`
`Opposer.
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 7
`
`
`Answer: Denied. Since the creation of the name “GoToYourSite”, Applicant nor
`
`
`
`GoToYourSite.com, LLC., nor GoToYourSite/MD Corporation, nor any other company from
`
`Applicant, has ever received any inquiry from anyone, pertaining to, as if there is any relation
`
`between “GoToYourSite” and Opposer and/or any of Opposer’s marks. The only company that
`
`has contacted Applicant and/or any of his companies, in regards to any issue pertaining to the
`
`GoToYourSite mark, has been Opposer Citrix Online LLC, with its harassing, abusive and
`
`contradicting filings with the USPTO/TTAB, as follows:
`
`
`
`The first proceeding filed by Citrix Online LLC was Opposition 91183342, opposing to the same
`
`“GoToYourSite” mark under Serial # 77206700, which the same Opposer withdrew on
`
`02/17/2010, based on the agreement to conduct several discussions with Del Real and
`
`GoToYourSite.com LLC and pertaining to: (1) Del Real and GoToYourSite.com LLC’s
`
`technology. (2) A potential “strategic investment/partnership” between GoToYourSite.com, LLC
`
`and the Citrix parties, and (3) An agreed way to register the “GoToYourSite” mark, and avoid
`
`another opposition by Opposer.
`
`
`During the meeting with the Citrix parties (on April 22nd 2010), Applicant disclosed his
`
`technology (point “1” above); among others, Applicant disclosed his GCMS (Group Cloud
`
`Management System) and CMS (Cloud Management System) technology, and the applicability
`
`of these to a “Personal Cloud” solution for among others, an Educational Institution (e.g.: Indiana
`
`University). Applicant also described his “GTYS Personal Cloud” (a CMS given to a Person),
`
`and how a “GTYS Personal Cloud” (CMS) can disconnect from a group (GCMS), and continue
`
`operating as “Stand-Alone”; which all this is disclosed in Applicant’s U.S. Pat. No: 8.353.012 and
`
`additional patents pending (All these claiming priority to Provisional Applications No: 61/031,440
`[filed Feb 26th 2008] and 61/036,856 [March 14th 2008], and Non Provisional Applications No:
`12/366,479 [Feb 5th 2009] and 12/395,852 [March 2nd 2009]. Furthermore, the USPTO/TTAB
`
`can appreciate that the inventor (Alejandro E. Del Real) has included the word “GoToYourSite”
`
`since the initial filing papers pertaining to his patents documents.
`
`
`
`Furthermore, after the disclosure of the technology, Applicant and the Citrix parties had a brief
`
`discussion about options of a “strategic investment/partnership” (point “2” above). This was
`
`natural as there was no competition between GoToYourSite.com, LLC. and the Citrix parties.
`
`

`
`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 8
`
`
`The products/services do not compete in any form or way (see Opposer’s marks included in the
`
`Opposition No. 91199193 and Cancellation No. 92054768, compared to “GoToYourSite”).
`
`
`
`After the meeting concluded (approximately 1 hour), two things remained pending from the initial
`
`agreement to end the initial Opposition 91183342 and Application Serial No 77206700: (1) A
`
`more profound discussion about a “strategic investment/partnership”, and (2) discussions about
`
`an agreed way for Applicant to register the “GoToYourSite” mark and avoid another opposition
`
`by Opposer.
`
`
`
`After the following weeks to the meeting, Applicant contacted the Citrix parties, to continue with
`
`the pending discussions, but the Citrix parties stated that they were not interested in any type of
`
`“strategic investment/partnership” nor in any future meeting to discuss the “GoToYourSite” mark.
`
`Furthermore, the Citrix parties were aware of all the remaining Registered Marks from Applicant,
`
`containing the term “GoToYourSite”, “GoToYour”, “GoTo” and “G” (GTYS) and the Citrix parties
`
`did not even care. Simply put, the Citrix parties didn’t care about Applicant, “GoToYourSite” or
`
`even GoToYourSite.com, LLC, because they saw no competition at all.
`
`
`
`After the unsuccessful meeting with the Citrix parties, Applicant decided to apply again for the
`
`mark “GoToYourSite” (Serial # 85029036), as he already had several “Registered Marks” with
`
`the term “GoToYourSite” (see Cancellation No. 92054768), and Applicant already gave Opposer
`
`enough “accommodation” to try to resolve the baseless dispute. Applicant even insisted in
`meeting again to resolve the mark issue, before applying again on May 3rd 2010. But the Citrix
`
`parties stated that they were not interested.
`
`
`After 11 months from the filing, Opposer files on March 30th 2011, Opposition No 91199193,
`
`which is referenced in the title of this document.
`
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`After this second opposition was filed (Opposition No 91199193), during the month of June/July
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`2011, Opposer, through its representative Deborah Peckham, has a conference call with
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`Applicant, in which Mrs. Peckham communicates to Mr. Del Real (Applicant) an acquisition
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`proposition by Opposer. Mr. Del Real rejects the acquisition proposition as it was only related to
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`acquiring 100% of Mr. Del Real’s 14 registered marks containing the term “GoToYourSite”,
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`“GoTo” and even “GTYS”, and the respective domain names.
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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 9
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`Mr. Del Real responded to Mrs. Peckham, that the investment proposal from the Citrix parties
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`has to be in relation to a % of everything, in other words, invest in the company
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`GoToYourSite.com, LLC., which includes the “GoToYourSite” marks, technology and the
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`Stimulus Programs (e.g.: Personal Cloud solution for Educational Institutions), and not just the
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`marks and domain names. Citrix responded (through Deborah Peckham) that is not interested in
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`investing in the company, nor the technology, and that Citrix is only interested in all the marks
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`and domain names pertaining to “GoToYourSite”. Applicant (Del Real) rejects the proposition.
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`As a result of Mr. Del Real rejecting Citrix acquisition proposal for 100% of Mr. Del Real’s marks
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`and domain names, Deborah Peckham (representing Opposer), threatened Mr. Del Real, stating
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`during the telephone conversations, something like, if he (Mr. Del Real) does not accept to sell
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`to Citrix, 100% of his marks, then Citrix will “INITIATE WAR AGAINST YOU” (Mr. Del Real).
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`Including in these statements, are statements from Deborah Peckham stating something like, to
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`“REMOVE YOU (Mr. Del Real) FROM CITRIX TERRITORY”. Mr. Del Real responded to
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`Deborah Peckham something like, “I am not afraid of your threat or the fact that Citrix has
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`billions of dollars in the bank, to hire all these attorneys, to try to take away all my rights
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`on the marks and put me out of business. In this country there is a Justice System, with a
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`Judge and a Jury that will not allow you to pursue your evil threat...”.
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`As a consequence of Mr. Del Real rejection on the offer, and as Citrix stated previously, Citrix
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`decided to use the USPTO/TTAB as a “Tool of WAR” against Mr. Del Real, and as a “Tool to
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`Remove Mr. Del Real from Citrix Territory”, which such alleged “territory”, does not include any
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`product/ service competing with Applicant, nor Personal Cloud technology (Mr. Del Real is the
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`inventor of the Personal Cloud through the GCMS/CMS New Art see U.S. Pat. No: 8.353.012).
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`Included in Opposer’s decision to “INITIATE WAR AGAINST MR. DEL REAL”, and to
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`“REMOVE MR. DEL REAL FROM CITRIX TERRITORY”, Deborah Peckham, initiates another
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`harassing and abusive proceeding against Mr. Del Real, at the USPTO/TTAB, with the
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`Cancellation Proceeding No: 92054768 (included in the caption of this document).
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`Furthermore, as part of Opposer’s decision to “INITIATE WAR AGAINST MR. DEL REAL”, and
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`to “REMOVE MR. DEL REAL FROM CITRIX TERRITORY”, Deborah Peckham, applies for the
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`mark GoToMyPersonalCloud (Serial No: 85430869) and GoToMyCloud (Serial No: 85430682),
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`even though Opposer was already aware of Applicant’s GTYS Personal Cloud technology,
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`patents pending, mark and his application for registration for the mark GTYS Personal Cloud
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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 10
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`(Serial No: 85336196), but Deborah Peckham does it anyway, with total disregard of a potential
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`opposition by Del Real. Therefore, Applicant opposes with Opposition No 91204641 (see
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`caption above in this document), as these marks will represent products/services from Opposer
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`in direct competition with the mark “GoToYourSite”, “GTYS Personal Cloud”, and the company
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`GoToYourSite.com, LLC., and furthermore, such products/services will infringe in Applicant’s
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`U.S. Pat. No: 8.353.012 and patents pending.
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`But despite Opposer knowing this, Deborah Peckham continues to file other marks that will
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`potentially conflict with the “GoToYourSite” marks, GTYS Personal Cloud and even infringe in
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`U.S. Pat. No: 8.353.012, for example: GoToMyStuff (85497523), GoToShare (85497537), and
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`GoToLabs (85162694).
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`Simply put, Applicant, GoToYourSite.com, LLC. and GoToYourSite/MD Corporation, do not
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`have any product/service competing with any of the products from Opposer in its marks included
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`as part of these Opposition No. 91199193 and Cancellation No. 92054768 proceeding. The
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`competition starts when Opposer intends to register marks into the “Personal Cloud” or “Cloud”
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`technology (GCMS/CMS), which ultimately will infringe in Applicant’s U.S. Pat. No: 8.353.012
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`and patents pending.
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`REQUEST NO. 22: Admit that Applicant’s use of the GOTOYOURSITE designation has caused
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`confusion as to source, affiliation or sponsorship of Applicant’s services with those of Opposer.
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`Answer: Denied. To further assert this denial, Opposer can remember that after the
`meeting, on April 22nd 2010, Opposer was not interested in meeting again, nor discuss again
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`anything related to “GoToYourSite”, and Opposer knew that at the time, there were additional
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`“GoToYourSite” marks already Registered (see Cancellation No. 92054768). Simply put,
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`Opposer and its parent company (Citrix Systems, Inc.), did not care about “GoToYourSite”, nor
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`any of the Registered Marks that is now trying to cancel. Therefore, the same Opposer is the
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`one that already answered this Request and Denied it. Furthermore, the design of the logos are
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`completely different (Different Font, Style and Colors), even different words. Finally, Opposer in
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`its own mark clarifies its marks to be from Opposer by adding the phrase “by Citirx”.
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`This answer also applies to Request No. 21
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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 11
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`Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury, that to the best of my
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`knowledge and belief, the content in this document is true and correct, furthermore, I can
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`assert “Under Oath” that Mrs. Deborah Peckham used the words “WAR”, “REMOVE” and
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`“CITRIX TERRITORY”, against me. Therefore, I can assert that Mrs. Debora Peckham is
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`using the USPTO/TTAB as a “Tool of WAR” against me, “To REMOVE me from CITRIX
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`TERRITORY”, which among others, the “alleged territory” does not include a “Personal
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`Cloud” solution.
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the within was responded to the Discovery
`Requests received from Deborah J. Peckham and/or Sara Y. Beccia at 125 Summer Street,
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`Boston, MA 02110 on this _10_ day of__April __, 2013.
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` By: /Alejandro E. Del Real/
`
` Alejandro E. Del Real
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`GoToYourSite.com, LLC
`GoToYourSite/MD Corporation
`P.O.Box 480494
`Delray Beach, FL 33448
`Telephone: 561.450.5024 ext. 204
`Direct Line: 561.441.2505
`Fax Line: 561.865.4754
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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 1
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
`___________________________
`) Consolidated Opposition No. 91199193 (Parent File)
`CITRIX ONLINE LLC,
`
`Opposer,
`
`
`
`)
` Serial No. 85/029,036 (GOTOYOURSITE)
`v.
`
`
`
`
`)
`ALEJANDRO E. DEL REAL,
`)
`Applicant.
`
`
`
`)
`___________________________
`) Cancellation No. 92054768
`CITRIX ONLINE LLC,
`
`Petitioner,
`
`
`
`) Registration Nos: 3523791, 3520471, 3505161,
`v.
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`
`
`
`) 3611297, 3611298, 3611296, 3611325, 3611299,
`GOTOYOURSITE.COM, LLC,
`) 3611301, 3611327, 3608381, 3684966, 3520499,
`ALEJANDRO E. DEL REAL
`) 3520480
`Respondent.
`
`
`)
`___________________________
`) Opposition No. 91204641
`ALEJANDRO E. DEL REAL,
`Opposer,
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`
`
`) 85430869 (GOTOMYPERSONALCLOUD)
`v.
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`
`
`
`)
`CITRIX ONLINE LLC,
`
`)
`Applicant.
`
`
`
`)
`
`
`Alejandro E. Del Real, GoToYourSite.com, LLC &
`GoToYourSite/MD Corporation
`
`ANSWERS TO INTERROGATORIES
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`FROM
`CITRIX ONLINE, LLC. FILED ON JULY 12 2011
`PERTEINING TO OPPOSITION NO: 91199193
`(Serial No. 85/029,036 - Mark: GoToYourSite)
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`Preliminary Response and General Objections
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`1) DEL REAL objects Citrix Online LLC’s and Citrix Systems, Inc’s references of
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`any of their respective marks, as their “GOTO Marks”, “GOTO Mark”, “GoTo Marks”,
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`and/or “GoTo Mark”, on the grounds that Citrix Online, LLC. nor Citrix Systems, Inc. own
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`neither the mark nor the term “GOTO”. Furthermore, Del Real, GoToYourSite.com, LLC.
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`and GoToYourSite/MD Corporation are here protesting to the TTAB, about the marketing
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`strategies from Citrix Online, LLC. and Citrix Systems, Inc. when using the term “GoTo”
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`

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`Opposition No 91199193 / Cancellation No 92054768 / Opposition No 91204641
`Page 2
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`and/or “GOTO” alone in their marketing materials, with the purpose to abusively impose
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`a “secondary meaning” in the marketplace, which does not exist.
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`2) DEL REAL objects to Citrix Online LLC’s Definitions and Instructions described in all
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`Discovery Requests in the grounds that are confusing, abusive and that define an infinite and/or
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`never ending response.
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`3) DEL REAL reserves the right to supplement, amend or correct all or any part of the
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`responses and objections provided herein, and the right to object to the admissibility in evidence
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`of all or any of the information and/or documents identified and any information contained
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`therein.
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`4) DEL REAL makes no incidental or implied admissions by the responses below. Any
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`admissions are specific and explicit.
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`5) DEL REAL objects to the requests for admission to the extent that the