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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA646950
`ESTTA Tracking number:
`12/23/2014
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91210587
`Plaintiff
`Jamba Juice Company
`ANN K FORD
`DLA PIPER LLP US
`500 8TH STREET NW
`WASHINGTON, DC 20004
`UNITED STATES
`Ann.Ford@dlapiper.com, David.Kramer@dlapiper.com, Radi-
`ance.Harris@dlapiper.com, David.Huff@dlapiper.com, dctrade-
`marks@dlapiper.com
`Motion to Extend
`Ann K. Ford
`ann.ford@dlapiper.com,dctrademarks@dlapiper.com,david.kramer@dlapiper.co
`m,ashley.joyce@dlapiper.com,alberto.zacapa@dlapiper.com
`/Ann K. Ford/
`12/23/2014
`Fifth Unilateral Motion for Extension - JAMBO.pdf(16297 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
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`Signature
`Date
`Attachments
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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 Trademark
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`Application Serial No. 85/702,161
`Mark: JAMBO PROTEIN ICE CREAM
`Filing Date: Aug. 13, 2012
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`Published for Opposition: Apr. 09, 2013
`__________________________________________
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`JAMBA JUICE COMPANY,
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`Opposer,
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`JAMBO PRODUCTION, LLC,
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`Applicant.
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`__________________________________________)
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`Opposition No. 91210587
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`MOTION FOR A NINETY-DAY EXTENSION OF TIME
`TO SERVE EXPERT DISCLOSURES AND FOR ALL SUBSEQUENT DATES
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Opposer Jamba Juice Company (hereinafter “Opposer”), by and through its undersigned
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`counsel, submits this Motion for a Ninety-Day Extension of Time to Serve Expert Disclosures
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`and For All Subsequent Dates with the Trademark Trial and Appeal Board (“Board”),
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`respectfully requesting that the Board grant the extension of time through and including March
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`27, 2015 to serve Expert Disclosures, and that all subsequent case deadlines be re-set by ninety
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`days, pursuant to TBMP § 509.01.
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`The new remaining case deadlines would be as follows:
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`Expert Disclosures Due:
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`Discovery Period to Close:
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`Plaintiff Pretrial Disclosures:
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`March 27, 2015
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`April 26, 2015
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`June 10, 2015
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`EAST\88924922.1
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`Plaintiff’s 30-Day Trial Period Ends:
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`July 25, 2015
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`Defendant’s Pretrial Disclosures:
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`August 9, 2015
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`Defendant’s 30-Day Trial Period Ends:
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`September 23, 2015
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`Plaintiff’s Rebuttal Disclosures:
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`October 8, 2015
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`Plaintiff’s 15-Day Rebuttal Period Ends:
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`November 7, 2015
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`The deadline to serve Expert Disclosures is currently December 27, 2014. A further
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`extension of this deadline and all subsequent deadlines is necessary to try to secure a binding
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`settlement agreement or to conduct discovery if a binding settlement agreement cannot be
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`secured in the near future. In an email dated October 22, 2013, counsel for Applicant Jambo
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`Production, LLC (“Applicant”) had indicated to counsel for Opposer that her client does not
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`intend to pursue U.S. Trademark Application Serial No. 85/702,161 (the “Subject Application”).
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`Upon receipt of that email, Opposer immediately requested that the Subject Application be
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`expressly abandoned in order to dispose of the present Opposition Proceeding. Since then,
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`Opposer has repeatedly followed up with Applicant, but has still not yet received any response.
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`In fact, since Opposer filed its previous Motion For a Sixty-Day Extension of Time to Serve
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`Expert Disclosures And for All Subsequent Dates on October 28, 2014, Opposer has not received
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`any correspondence at all from Applicant or Applicant’s counsel.
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`As recently as today, December 23, 2014, counsel for Opposer left a message for counsel
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`for Applicant, at what appears to be her new law firm, Schmidt, Volsky & Perle LLP, to request
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`the express abandonment of the Subject Application and to put Applicant on notice that an
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`extension of upcoming deadlines in connection with the present Opposition Proceeding would be
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`necessary if such express abandonment was not filed in a timely manner. Counsel for Opposer
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`has attempted all reasonable means of contacting counsel for Applicant at her current and
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`EAST\88924922.1
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`2
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`previous firms without success, even though no change of correspondence has been filed in this
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`case.
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`Opposer respectfully submits that this Motion is not made for the purpose of unduly
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`delaying proceedings before the Board. It has now been over a year since counsel for Opposer
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`has been contacted by counsel for Applicant or Applicant directly.
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`WHEREFORE, in light of the foregoing, Opposer has shown good cause as to why the
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`instant Motion should be granted. As such, Opposer requests that further appropriate action be
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`taken in this Opposition Proceeding, including the granting of a ninety-day extension of time for
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`serving Expert Disclosures and for all subsequent dates.
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`Dated: December 23, 2014
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`Respectfully submitted,
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`DLA PIPER LLP (US)
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`By:
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`/s/ Ann K. Ford
`Ann K. Ford
`David M. Kramer
`500 8th Street, N.W.
`Washington, D.C. 20004
`Tel. 202-799-4000
`Fax 202-799-5000
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`Attorneys for Opposer
`Jamba Juice Company
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`EAST\88924922.1
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`3
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`

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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing MOTION FOR A NINETY-DAY
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`EXTENSION OF TIME TO SERVE EXPERT DISCLOSURES AND FOR ALL
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`SUBSEQUENT DATES was served via electronic mail, as agreed to by the Parties, and U.S.
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`First Class Mail, postage prepaid, and properly addressed to Applicant’s counsel of record:
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`Anna Vishev
`Law Office Of Anna Vishev PC
`44 Cortelyou Avenue
`Staten Island, New York 10312-2104
`avishev@vishevlaw.com
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`Anna Vishev
`Schmidt, Volsky & Perle LLP
`New York Office
`33 Whitehall Street, 16th Floor
`New York, New York 10004
`avishev@svlawfirm.com
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`
`
`/s/ Ann K. Ford
`Ann K. Ford
`Attorney for Opposer
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`
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`this 23rd day of December, 2014.
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`EAST\88924922.1

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