`ESTTA612618
`ESTTA Tracking number:
`06/27/2014
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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,David.Kramer@dlapiper.com,dctrademarks@dlapiper.
`com,avishev@vishevlaw.com
`/Ann K. Ford/
`06/27/2014
`Second Unilateral Motion for Extension - JAMBO.pdf(196173 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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`Opposition No. 91210587
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`MOTION FOR A SIXTY-DAY EXTENSION OF TIME
`TO SERVE EXPERT DISCLOSURES AND FOR ALL SUBSEQUENT DATES
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`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 Sixty-Day Extension of Time to Serve Expert Disclosures and
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`For All Subsequent Dates with the Trademark Trial and Appeal Board (“Board”), respectfully
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`requesting that the Board grant the extension of time. TBMP §509.01.
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`The deadline to serve Expert Disclosures is June 30, 2014. A further extension of this
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`deadline and all subsequent deadlines is necessary in order to secure a binding settlement
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`agreement. In an email dated October 22, 2013, counsel for Applicant Jambo Production, LLC
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`(“Applicant”) indicated to counsel for Opposer that her client does not intend to pursue U.S.
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`Trademark Application Serial No. 85/702,161 (the “Subject Application”). Upon receipt of said
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`email, Opposer immediately requested that the Subject Application be Expressly Abandoned in
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`EAST\78138852.1
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`order to dispose of the present Opposition Proceeding. Since then, Opposer has followed up with
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`Applicant, but has still not yet received any response. In fact, since Opposer filed its previous
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`Motion For a Sixty-Day Extension of Time to Serve Expert Disclosures And for All Subsequent
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`Dates on January 22, 2014, Opposer has not received any correspondence from Applicant or
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`Applicant’s counsel.
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`As recently as May 29, 2014, counsel for Opposer contacted counsel for Applicant to
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`request the Express Abandonment of the Subject Application and to put Applicant on notice that
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`an extension of upcoming deadlines in connection with the present Opposition Proceeding would
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`be necessary if such Express Abandonment was not filed in a timely manner. Applicant never
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`responded.
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`Opposer respectfully submit that this Motion is not made for the purpose of unduly
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`delaying proceedings before the Board.
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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 sixty-day extension of time for
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`serving Expert Disclosures and for all subsequent dates.
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`Dated: June 27, 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\78138852.1
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`2
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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing MOTION FOR A SIXTY-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, NY 10312-2104
`UNITED STATES
`avishev@vishevlaw.com
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`/s/ Ann K. Ford
`Ann K. Ford
`Attorney for Opposer
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`this 27th day of June, 2014.
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`EAST\78138852.1
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