Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA544523
`ESTTA Tracking number:
`06/21/2013
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91210627
`Defendant
`Scharer III, Rockwell L.
`JAMES A ITALIA
`ITALIA IP
`3500 W OLIVE AVE STE 300
`BURBANK, CA 91505-4647
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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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`italia@italiaip.com
`Answer
`James A. Italia
`italia@italiaIP.com
`/James A. Italia/
`06/21/2013
`AnswerToOpposition.pdf(28399 bytes )
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` Docket No. Media-001
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEALS BOARD
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`Opposition No. 91210627
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`In re Matter of Application Serial No. 85/691,640 for
`MEDIABOOK
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`FACEBOOK, INC.,
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`ANSWER TO NOTICE OF OPPOSITION
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` Opposer,
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`ROCKWELL L. SCHARER III,
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` Applicant.
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`Applicant Rockwell L. Scharer III (“Applicant’), by and through its counsel, responds to the Notice
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`of Opposition (“Opposition”) filed by Facebook, Inc. (“Facebook”), (“Opposer”) as follows:
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`1.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`the preliminary paragraph of the Opposition, and therefore denies each and every allegation, except
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`Applicant admits that it filed an intent-to-use application, Application Serial No. 85/691,640 on July 31,
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`2012.
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`2.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 1 of the Opposition, and therefore denies each and every allegation.
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`3.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 2 of the Opposition, and therefore denies each and every allegation.
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`4.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 3 of the Opposition, and therefore denies each and every allegation.
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`5.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 4 of the Opposition, and therefore denies each and every allegation.
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`6.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 5 of the Opposition, and therefore denies each and every allegation.
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`7.
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`8.
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`9.
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`Applicant admits the allegations in paragraph 6 of the Opposition.
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`Applicant admits the allegations in paragraph 7 of the Opposition.
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`Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 8 of the Opposition, and therefore denies each and every allegation.
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`10. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 9 of the Opposition, and therefore denies each and every allegation.
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`11. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 10 of the Opposition, and therefore denies each and every allegation.
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`12. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 11 of the Opposition, and therefore denies each and every allegation.
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`13. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 12 of the Opposition, and therefore denies each and every allegation.
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`14. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 13 of the Opposition, and therefore denies each and every allegation.
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`15. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 14 of the Opposition, and therefore denies each and every allegation.
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`16. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 15 of the Opposition, and therefore denies each and every allegation.
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`17. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 16 of the Opposition, and therefore denies each and every allegation.
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`18. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 17 of the Opposition, and therefore denies each and every allegation.
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`19. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 18 of the Opposition, and therefore denies each and every allegation.
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`20. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 19 of the Opposition, and therefore denies each and every allegation.
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`21. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 20 of the Opposition, and therefore denies each and every allegation.
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`22. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 21 of the Opposition, and therefore denies each and every allegation.
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`23. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 22 of the Opposition, and therefore denies each and every allegation.
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`24. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 23 of the Opposition, and therefore denies each and every allegation.
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`25. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 24 of the Opposition, and therefore denies each and every allegation.
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`26. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 25 of the Opposition, and therefore denies each and every allegation.
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`27. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 26 of the Opposition, and therefore denies each and every allegation.
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`28. Applicant lacks sufficient information or belief to admit or deny the allegations contained in
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`paragraph 27 of the Opposition, and therefore denies each and every allegation.
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`AFFIRMATIVE DEFENSE
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`Failure to State a Claim
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`29. Opposer has failed to allege grounds sufficient to sustain the Opposition. WHEREFORE,
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`Applicant respectfully requests that the Opposition be dismissed with prejudice, and that the application
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`to register the mark MEDIABOOK be allowed to issue a registration.
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`3
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`Respectfully submitted,
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`By: _/James A. Italia/_____________
` James A. Italia
` Italia IP
` 3500 West Olive Ave., Suite 300
` Burbank, CA 91505
` Telephone: (818) 973-2720
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` Attorneys for Applicant
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`Dated: June 21, 2013
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`4
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`CERTIFICATE OF TRANSMISSION
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`I herby certify that the original of the foregoing Applicant’s Answer to Notice of
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`Opposition is being electronically submitted using ESTTA on this 21th day of June 2013.
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`By: _/James A. Italia/_____________
` James A. Italia
` Italia IP
` 3500 West Olive Ave., Suite 300
` Burbank, CA 91505
` Telephone: (818) 973-2720
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` Attorneys for Applicant
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing Applicant’s Answer to Notice of Opposition
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`is being deposited as first class mail, postage prepaid, in an envelope addressed to
`Lori F. Mayall, Cooley LLP, 1299 Pennsylvania Avenue, NW, Suite 7000, Washington, D.C.
`20004, on this 21th day of June 2013.
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` _/James A. Italia/_____________
` James A. Italia
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`5