Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA558821
`ESTTA Tracking number:
`09/11/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91205562
`Plaintiff
`Louisiana Fish Fry Products, Ltd.
`R BENNET FORD JR
`ROY KIESEL FORD DOODY THURMON
`PO BOX 15928
`BATON ROUGE, LA 70895 5928
`UNITED STATES
`rbf@roykiesel.com, afb@roykiesel.com
`Response to Board Order/Inquiry
`R. BENNETT FORD
`rbf@roykiesel.com, mmf@roykiesel.com
`/R. BENNETT FORD/
`09/11/2013
`JointStatusResponseInquiry.pdf(51375 bytes )
`ExhibitA.pdf(110232 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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`

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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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`Louisiana Fish Fry Products, Ltd.
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`Opposer
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`V.
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`Bruce Foods Corporation
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`Applicant
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`CoO’JCaO>0O0f0'J<aO'D90'D<»0')C0'DCO'3
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`Application No. 85/410,976
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`Opposition No. 91/205,562
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`Mark: LOUISIANA GOLD
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`JOINT RESPONSE TO STATUS INQUIRY OF AUGUST 14, 2013
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`In response to the Board’s inquiry of August 14, 2013 (Docket no. 10), the parties
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`respectfully advise that civil action 3:1 1-CV—557-JJB—SCR is still pending in United States District
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`Court for the Middle District of Louisiana. A scheduling conference was recently held, and the
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`matter has been set for trial on February 10, 2014. A copy of the district court’s order to that effect
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`is attached hereto as Exhibit A.
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` s/R. Bennett Ford Jr./
`R. Bennett Ford, Jr.
`ROY KIESEL FORD DOODY & THURMON
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`APLC
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`P.O. Box 15928
`Baton Rouge, Louisiana 70895-5928
`Tel. No.: (225) 927-9908
`Email: rbf(cDroykiesel.com
`ATTORNEYS FOR OPPOSER
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`s/Alan S. COOper/
`Alan S. Cooper
`WILEY REIN, LLP
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`1776 K Street
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`Washington, D.C. 20006
`Tel. NO.: (202) 719-7000
`Email: acoo];er@wileyrein.corn
`ATTORNEYS FOR APPLICANT
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`CERTIFICATE OF SERVICE
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`I certify that a true copy of this Joint Response and all Exhibits thereto were served on counsel for applicant
`via email and by depositing the same with the US. Postal Service in a sealed envelope, First Class postage thereon fully
`prepaid and addressed to Alan S. Cooper at WILEY REIN LLP; 1776 K Street, N.W.; Washington, District of Columbia
`20006 on this llth day of September, 2013. I further certify that I have conferred with Alan S. Cooper and that he has
`given me permission to electronically sign this Joint Response on his behalf.
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`
`By: /R. Bennett Ford Jr./
`R. Bennett Ford, Jr.
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`

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`EXHIBIT A
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`

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`UNITED STATES DISTRICT COURT
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`MIDDLE DISTRICT OF LOUISIANA
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`LOUISIANA FISH FRY PRODUCTS, LTD.
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`VERSUS
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`BRUCE FOODS CORPORATION, ET AL.
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`CIVIL ACTION
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`NO. 11-557—JJB—SCR
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`AMENDED ORDER
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`A pretrial conference was held on September 3, 2013.
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`PRESENT:
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`R. Bennett Ford, Jr., Esq.
`Counsel for Plaintiff
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`Alan S. Cooper, Esq. — by telephone
`Joseph Charles Giglio, Jr., Esq.
`Counsel for Defendants
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`Jury trial is assigned for Monday, February 10, 2014, at 9:00 a.m. in Courtroom One.
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`The parties shall comply with the following:
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`1)
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`2)
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`3)
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`4)
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`All motions in limine, including Daubert motions, if necessary, shall be filed 45 days
`priorto trial. Responses thereto shall be filed within 10 days of filing of the motion.
`Counsel shall presume that any motions in limine will be submitted on briefs unless
`otherwise notified by the court.
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`The parties shall file a FINAL will call witness list and final exhibit list no later than
`21 days prior to trial. Except for good cause shown, only exhibits and witnesses
`listed in the final will call witness list and the final exhibit list shall be admitted in
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`evidence or allowed to testify;
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`Joint jury instructions,‘ joint jury interrogatories and proposed voir dire questions
`shall be filed in the record, no later than 21 days prior to trial;
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`The parties shall participate in a settlement conference initiated by defendant, no
`later than 30 days prior to trial? The parties shall file and submit to the court an
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`1 NO SEPARATE FILINGS are allowed as to the jointjury instructions — all submissions must be joint with
`disagreements footnoted with case authority and pinpoint cite. All Pattern instructions taken from the latest Edition of
`the 5th Circuit Pattern Instruction book may be referenced by number and edition used.
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`2 Plaintiff's counsel shall attest that he or she made a good faith settlement offer to defense counsel, and that
`defense counsel‘s counteroffer was conveyed to the plaintiff. Defense counsel shall attest that plaintiffs settlement offer
`was conveyed to the defendant, and that a good faith counteroffer was made.
`In the event that plaintiff makes an offer
`of settlement to defendant which is refused, and judgment finally obtained by plaintiff is more favorable to plaintiff than
`the offer to defendant, then DEFENDANT MAY BE ORDERED TO PAY THE COSTS incurred by plaintiff after the date
`of refusal of plaintiffs offer unless good cause is shown. These costs may include all expert and witness fees incurred
`at trial, in addition to court costs of the litigation but shall not include attorney's fees. in the event that defendant makes
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`Case 3:11-cv—OO557—JJB-SCR Document58
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`09/O3/13 Pagelofiz
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`affidavit of final settlement efforts no later than 25 days prior to trial;
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`5)
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`6)
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`7)
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`Each party shall independently submit an electronic bench bookto the Courtroom
`Deputy, no later than 21 days prior to trial (see Notice to Counsel following this
`order). Conventional bench books are no longer required. The contents of the
`electronic bench book are not deemed admitted upon submission of the bench
`book. Exhibits are not admitted until the Judge admits them in open court. All
`exhibits and demonstrative aids contained in the electronic bench book will be
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`considered by the court to have been exchanged timely.
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`Counsel will be expected to use the presentation technology available in Courtroom
`One. Attorneys that have not previously trained on the equipment shall contact the
`Courtroom Deputy no later than 21 days prior to trial to schedule training.
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`for plaintiff shall notify the court via telephone at (225) 389-4030
`Counsel
`immediately in the event this matter settles.
`If a case to be tried to a jury settles
`within three (3) business days prior to the trial date, or thereafter,
`the costs of the
`jury venire WILL be taxed as costs and assessed as appropriate under the
`circumstances.
`lmmediate notification to the clerk and to the court may avoid this
`expense.
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`Baton Rouge, Louisiana, September 3, 2013.
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`, JUDGE
`8 J. BRA
`JA
`MlDDLE DISTRICT OF LOUlS|ANA
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`an offer of settlement to plaintiff or responds to an offer by plaintiff which offer or response is refused andjudgment, finally
`obtained by plaintiff, is less favorable to plaintiff than the offer of defendant, PLAINTIFF MAY BE ORDERED TO PAY
`THE COSTS incurred by defendant afterthe date of refusal of defendant's offer unless good cause is shown. These costs
`may include all expert and witness fees incurred at trial, in addition to the court costs of the litigation but shall not include
`attorney's fees.
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`Case 3::L:l.—cv—OO557‘—J3B—SCR Document 58
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