Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA650726
`ESTTA Tracking number:
`01/19/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91216114
`Plaintiff
`Git-R-Done Productions, Inc.
`Herman Hudson
`Git-R-Done Productions, Inc.
`P.O. Box 7929
`Atlanta, GA 30357
`UNITED STATES
`hermanhudson@comcast.net
`Other Motions/Papers
`Herman Hudson
`hermanhudson@comcast.net
`/Herman Hudson/
`01/19/2015
`Motion for Discovery FRCP 56(d).PDF(1563307 bytes )
`Affidavit Rule 56(d).PDF(1165501 bytes )
`Exhibits to Hudson Affidavit.pdf(4522223 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BO
`
`Opposition No.: 91/21 6,114
`Appln. Serial No. 86/098,019
`
`) ) ) ) ) ) ) ) ) ) )
`
`GIT-R-DONE PRODUCTIONS, [NIC.,
`
`Opposer,
`
`V.
`
`W.W. GRAINGER, INC.,
`
`Applicant.
`
`n:
`
`OPPOSER'S MOTION FOR DISCOVERY PURSUANT TO FED. R. CIV. P. 56(d)
`
`Opposer, GIT-R-DONE PRODUCTIONS, NC., hereby moves the Board for discovery
`
`to enable Opposer to oppose Applicant's Motion for Summary Judgment ("Applicant's Motion")
`
`based on likelihood of confusion, the central issue in this opposition.
`Despite the fact that Applicant has copied the entirety of Opposer's well-known
`
`trademark and incorporated it almost identically in Applicant's matk, Applicant asserts that a
`
`mere side-by-side comparison of the marks compels the conclusion that confusion is not likely.
`
`Applicant's Motion, pp. 1 -2.
`
`In its l2-page Motion, Applicant reproduces its stylized mark ten times, apparently to
`
`emphasize the larger font of its house markr and the stylized element that surrounds the
`
`remainder. But the font size of Applicant's house mark and stylization cannot be perceived
`
`when the mark is spoken.
`
`I - The addition of a house mark to an otherwise confusingly similar mark is not sufficient to avoid a likelihood of
`confusion. Hetvlett-Packard Co. v. Packard Press lnc.,281 F.3d 1261,62 U.S.P.Q.2d 1001 (Fed. Cir.2002);A.7.
`Crossv. Jonathan Bradlev Pens, \nc.,470F.2d689'116 U.S.P.Q. 15 (2"o Cir' 1972)'
`
`

`
`Opposer believes that Applicant's mark is used in radio and the audio portion of
`
`television advertisements, where stylization and font size are invisible. Such advertisements and
`
`thus the way Applisant's mark is presented aurally are completely within the control of
`
`Applicant, not Opposer.
`
`Opposer has served a discovery request tailored specifically to this issue; namely,
`
`Opposer's Request for Production of Documents and Things No. 16. Applicant could have
`
`responded to Opposer's discovery requests and obviated the need for Opposer to seek this
`
`discovery. Rather than do so, Applicant filed this motion the day before its responses were due
`
`and failed to serve answers or objectipns despite the fact that no Board Order had issued as of the
`
`deadline.
`
`Applicant's intent in selecting a mark that incorporates Opposer's mark in its entirety is
`
`equally relevant to opposing Applicant's Motion. If Applicant intended to cause confusion by
`
`adopting Opposer's mark in its entirety, trademark law presumes that Applicant succeeded in its
`
`objective. Fleischman Distilling Corp. v. Maier Brewing Co.,3l4 F.2d 149, 136 U.S.P.Q. 508
`
`19th Cir. 1963); cert. denied,374 U.S. 80, 10 L.Ed.2d 1053, 83 S.Ct. 1870, 137 U.S.P.Q. 913
`(1963). Opposer's Interrogatories Nos.8,9, 10 and 11, and Requests for Production of
`
`Documents and Things Nos. 9, I0,12,21 and24 covered this subject.
`
`Finally, Opposer seeks discovery on any incidents of confusion of which Applicant may
`
`be aware. The existence of persons who may have been confused or mistakenly believed that
`
`Applicant's trademark was connected with, sponsored or authorized by Opposer would be strong
`
`evidence of a genuine issue of material fact sufficient to preclude summary judgment. On
`
`information and belief, Applicant has customer service staff to field such inquiries, and thus
`
`would be uniquely situated to have this information. Affidavit of Herman Hudson ("Hudson
`
`-2-
`
`

`
`Affidavit"),par. 13. Opposer does not. Hudson Affrdavit, par 14. Opposer's Interrogatory No.
`
`14, andRequests for Production of Documents and Things Nos. l9 and20 covered this subject.
`
`Because Applicant failed to answer or object to the discovery requests that would have
`
`obviated this Motion, Opposer has been denied the information only Applicant possesses that
`
`will enable Opposer fairly and fully to oppose Applicant's Motion'
`
`Wherefore, Opposer respectfully requests that the Board grant Opposer a continuance to
`
`enable Applicant to respond to Opposer's Interrogatories Numbers 8, 9, 10, 11 and 14, and
`
`Opposer's Request for Production of Documents Numbers 9, 10, 12, 16, 19,20,21 and 24, and
`
`to take the deposition of Applicant on the subjects of these discovery requests and as set forth in
`
`hereinabove, and that the briefing and adjudication of Applicant's Motion for Summary
`
`Judgment be continued until 30 days after discovery from Applicant is complete; and for all
`
`other just and proper relief.
`
`Dated: January 19,2015
`
`Respectfully submitted,
`
`dnr,-rile,
`
`Herman Hudson
`Beitchman & Hudson, LLP
`Git-R-Done Productions, Inc.
`P.O.Box7929
`Atlanta, GA 30357
`(404) 8e7-s2s2
`e-mail : hermanhudson@comcast. net
`Attorney for Opposer
`
`-3 -
`
`

`
`CERTIFICATE OF SERVICE
`I hereby certify that true copies of the foregoing MOTION FOR DISCOVERY
`PURSUANT TO FED. R. CIV. P. 56(d), AFFIDAVIT OF HERMAN W. HUDSON and
`
`EXHIBITS A and B were served on counsel for Applicant, this lgth day of January, 20l5,by
`
`sending same via first-class mail or overnight courier, to:
`
`Mark R. Galis
`Greenberg Traurig, LLP
`77 Wgst Wacker Drive, Suite 3100
`Chicago,IL 60601
`
`do*,rlb
`
`Herman Hudson
`
`-4-
`
`

`
`Attorney Docket No.:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARI)
`
`Opposition No.: 91/216,114
`Appln. Serial No. 86/098,079
`
`)
`)
`
`) ) ))
`
`
`)
`
`) ) ) )
`
`GIT-R-DONE PRODUCTIONS, fNC.,
`
`Opposer,
`
`V.
`
`W.W. GRAINGER,INC.,
`
`Applicant.
`
`AFFIDAVIT OF HERMAN W. HUDSON IN SUPPORT OF
`OPPOSER'S MOTION FOR DISCOVERY PURSUANT TO FED. R. CIV. P. 56(d)
`
`I, HERMAN W. HUDSON, declare that the following is true and correct:
`I .
`
`I am an adult over the age of 21 years. I am an attorney with Beitchman & Hudson, LLP,
`
`and counsel for Opposer in the above-captioned proceeding.
`2.
`
`Opposer served interrogatories and requests for production of documents on counsel for
`
`Applicant on November 13, 2014. The deadline for Applicant to respond to these discovery
`
`requests was December 18, 2014. True and correct excerpts of the discovery requests relevant to
`
`Opposer's Motion are attached as Exhibits A (Intenogatories) and B (Requests for Documents
`
`and Things).
`3. On December 77,2014, the day before its discovery responses were due, Applicant filed
`
`a Motion for Summary Judgment.
`4.
`
`Applicant neither answered nor objected to Opposer's discovery requests.
`
`

`
`5.
`
`On December 23,2014, the Board issued an Order suspending proceedings pending the
`
`disposition of Applicant's motion for summary judgment.
`6.
`
`By letter of Decemb er 23, 2014,I contacted counsel for Applicant asking for responses to
`
`Opposer's discovery requests.
`7.
`
`Applicant's counsel responded by e-mail on January 6,2015, asserting that Applicant "is
`
`not obligated to respond to Opposer's discovery requests unless and until the TTAB denies the
`
`pending motion for summary judgment."
`
`8.
`
`To date, Opposer has received neither Applicant's discovery responses nor any objections
`
`to Opposer's discovery requests. ,K.,
`9.
`
`I make this Affidavit in accordance with Rule 56(d) of the Federal Rules of Civil
`
`Procedure and Trademark Rule 2.127(e)(l), to request discovery essential to enable Opposer to
`
`respond to Applicant's summary judgment motion.
`10. Opposer needs the following information, solely in the possession and control of
`
`Applicant, to present facts central to justify its opposition to the summa.ry judgment motion:
`
`a. Whether Applicant uses its mark in an audible form, for example in radio
`
`advertisements or the sound portion of television advertisements, and how the
`
`mark is used in such audible form.
`
`b. Whether Applicant was aware of Opposer and Opposer's trademarks prior to
`
`adopting Applicant's trademark, and intended to take a free ride on Opposer's
`
`well-known mark by adopting Applicant's mark.
`
`c. Whether Applicant is aware of any instances of actual confusion that have
`
`occurred since the adoption and use of its mark.
`
`.|
`
`

`
`11. Without discovery on these central factual issues, Opposer will be foreclosed from
`
`presenting, and the Board will be prevented from considering, important evidence on Applicant's
`
`intent in adopting its mark, the manner and form of use of Applicant's mark, and whether that
`
`use has caused confusion in the marketplace.
`12. Applicant, not Opposer, is in sole possession of information about Applicant's use of its
`
`mark, and about Applicant's adoption of its mark. Although Opposer has served requests
`
`intended to discover this information, Applicant has failed to answer them.
`
`13. Furthermore, on information and belief, Applicant has customer service staff to field
`
`inquiries about itself and its produc*s, and thus Applicant would be uniquely situated to receive
`
`inquiries from customers about Applicant and its trademarks.
`
`14. Opposer does not have customer service personnel, and thus is not in as good a position
`
`as Applicant to field inquiries from the public as to whether they have been confused or misled
`
`by Applicant' s trademark.
`
`I declare, under penalty of perjury, that the foregoing is true and correct. Executed on
`Januarv / 4 5orr,
`
`a
`
`-J
`
`

`
`Exhibit A
`Exhibit A
`
`

`
`IN THE T.INITED STATES PATENT AND TRADEMARK OFFICE BEFORE TIIE
`TRADEMARK TRIAL AND APPEAL BOARI)
`
`Git-R-Done Productions. Inc.,
`
`Opposition No.: 912161 14
`
`Opposer,
`
`against -
`
`W.W. Grainger,
`
`November 13"2014
`
`Applicant.
`
`OPPOSER'S FIRST SET OF INTERROGATORIES
`TO APPbICANT W.W. GRAINGER,INC.
`
`Pursuant to TBMP Section 405 and Rules 26 and 33 of the Federal Rules of Civil Procedure,
`Git-R-Done Productions, Inc. (ooOpposer") hereby requests that W.W. Grainger, Inc.
`("Applicant"), answer the following intenogatories, in writing and under oath, by serving written
`responses on counsel for Opposer at the offices of Beitchman & Hudson LLP, 275 l4'n Street,
`N.W., Atlanta, Georgia 30318, or at such other place as agreed to by the parties, within thirty (30)
`days of the service of this paper. These requests are deemed to be continuing so as to require a
`prompt supplemental response as stated in Fed. R. Civ. P. 26(e) should Applicant obtain or recall
`any additional or clarifying information that is responsive to these interrogatories after serving its
`initial responses.
`
`INSTRUCTIONS AND DEFINITION OF TERMS
`A. As used herein, the term "Opposer" refers to Git-R-Done Productions, Inc., and includes
`all other partnerships, corporations or other business entities (whether or not separate legal
`entities) subsidiary to, parent to, or affiliated with Opposer, including all of its or their partners,
`principals, officers, directors, trustees, employees, staff members, agents and representatives,
`including counsel for Opposer.
`
`B. The terms "Opposer's Marks" refers to any designation and trademark used or intended to
`be used by Opposer to identify Opposer or the goods or services offered or promoted by Opposer
`in connection with that term, and collectively refers to the Git-R-Done marks owned by Opposer,
`including without limitation, United States Trademark Registration Nos. 4588701, 4285168,
`4274667, 4349015, 4210031, 4210138, 4217503, 4414805, 4414934, 4414993, 4414991,
`2954490, 2937621, 3273188, 3000528, 3041717, 3050893, 3050894, 3050895, 4504819, for the
`mark Git-R-Done and cited by Opposer in its Notice of Opposition.
`
`

`
`of the rebuttal testimony period shall be furnished to Applicant within a reasonable time
`after such information is acquired or becomes known.
`
`INTERROGATORIES
`
`Interrogatory No. 1:
`Identify all officers and directors of Applicant from 2004 to the present.
`Response:
`
`Interrogatory No. 2:
`Describe in detail all past and existing relations, including contracts, agreements,
`licenses, assignments, or other relations, between Applicant and any third party,
`including predecessor companies, related, or affiliated companies, relating in any manner
`to Applicant's Mark.
`Response:
`Interrogatory No.3:
`!
`With respect to Applicant's Mark, identify the person or persons most knowledgeable
`about Applicant's sales, advertising and sales promotion, adoption and use, licensing, and
`assignment or other transfer of rights.
`Response:
`
`Interrogatory No. 4:
`Identify all state and federal registrations, applications for registration, and uses by
`Applicant of any mark which incorporates the term "Get It Done", and for each such
`registration, application, and use, identify all documents relating thereto.
`Response:
`
`Interrogatory No. 5:
`Identify all third-party state and federal registrations, applications for registration, and
`uses known to Applicant of any mark which incorporates the term "Get It Done", and for
`each such registration, application, and use, identiff all documents relating thereto.
`Response:
`
`Interrogatory No. 6:
`Describe in detail the nature of Applicant's business or businesses, including the date
`on which Applicant first engaged in each such business.
`Response:
`
`Interogatory No. 7:
`Identify and describe each of the goods and services on which Applicant intends to
`use or has used Applicant's Mark, or any variation thereof.
`Response:
`
`Interrogatory No. 8:
`
`

`
`Identify all documents and set forth with specificity all facts regarding the selection
`by Applicant of Applicant's Mark including, without limitation, the circumstances and
`method by which Applicant adopted the term "Get It Done" as a part of its mark.
`Response:
`
`Interrogatory No. 9:
`Describe in detail the derivation of the term "Grainger for the Ones Who Get It Done
`& Design" as Applicant's Mark and identify all documents related thereto.
`Response:
`
`Interrogatory No. L0:
`Identify all persons who were involved in, ot participated in any way with, the
`decision to adopt, register and use the "Grainger for the Ones Who Get It Done &
`Design" designation, ffid for each such person state his/her title and the role he/she
`played to adopt, register and use the "Grainger for the Ones Who Get It Done & Design"
`designation.
`Response:
`
`r
`
`Interrogatory No. 11:
`State whether any searches or investigations were conducted by Applicant, its
`attorneys, or any persons on its behalf to determine whether Applicant's Mark was
`available for use and/or registration, and, ifso, identify each such search or investigation
`including the date such search or investigation was performed and the marks located in
`such search or investisation.
`Response:
`
`Interrogatory No. 12:
`Identify all manufacturers or intended manufacturers of goods, and all promoters or
`intended promoters of services, bearing Applicant's Mark.
`Response:
`
`Interrogatory No. L3:
`For each of the goods identified in Applicant's application, Serial No. 86098079,
`identif all documents supporting the date on which the mark was first used, if use has
`commenced.
`Response:
`
`Interrogatory No. 14:
`Identify all documents and set forth with specificity all facts with respect to any
`instance where a person or entity has been confused, mistaken, or deceived as to whether
`any goods or services advertised or sold under Applicant's Mark are those of Opposer, or
`are connected or associated with Opposer, and for each such incident provide the date of
`such incident, the identity of the person or entity, and a detailed description of the
`circumstances of such confusion, mistake and/or deception.
`Response:
`
`

`
`Interrogatory No.32:
`Identify each non-expert witness that Applicant expects to testifr, the subject matter
`on which the witness is expected to testiff, each fact andlor opinion to which the witness
`is expected to testifr, the bases for each opinion and identifr all documents that relate in
`any way to the subject matter, facts, and/or circumstances as to which the witness is
`expected to testiff.
`Response:
`
`Interrogatory No.33:
`Identify each person who participated in or supplied information used in answering
`any of the above interrogatories; beside the name of each such person, state the number
`of the interrogatory answer(s) with respect to which that person participated in or
`supplied information.
`Response
`
`DATED:November f 3 ,2gt+
`
`lh
`
`Beitchman & Hudson, LLP
`215l4th St., NW
`Atlanta, Georgia 30318
`404-897-5252 (Office)
`
`Counsel for Opposer, Git-R-Done Productions, Inc.
`
`

`
`Exhibit B
`Exhibit B
`
`

`
`IN THE TINITED STATES PATENT AND TRADEMARK OFFICE BEFORE
`TIIE TRADEMARK TRIAL AND APPEAL BOARD
`
`Git-R-Done Productions. Inc..
`
`Opposition No.: 912161 14
`
`Opposer,
`
`W.W. Grainger,
`
`November 13"2014
`
`Applicant.
`
`opposER's FIRST REQUEST FOR PRODUCTION
`or DqCUMENTS TO APPLICANT
`
`Pursuant to the provisions of 37 C.F.R. S 2.120, TBMP Section 406 and Rule 34 of the
`Federal Rules of Civil Procedure, Opposer Git-R-Done Productions, Inc. hereby addresses
`its First Set of Requests for Production of Documents to Applicant W.W. Grainger, Inc. to
`be responded to and complied with by producing the following documents within its
`possession, custody, or control for inspecting and copying at the offices of Beitchman & Hudson
`LLP,2l5 l4m St., N.W., Atlanta, Georgia 30318, within thirfy (30) days after service hereof or
`at such other time and place to which the parties may mutually agree.
`
`INSTRUCTIONS AND DEFINITIONS OF TERMS
`A. As used herein, the term "Opposer" refers to Git-R-Done Productions, Inc., and
`includes all other partnerships, corporations or other business entities (whether or not
`separate legal entities) subsidiary to, parent to, or affiliated with Opposer, including all of
`its or their partners, principals, officers, directors, trustees, employees, staff members,
`agents and representatives, including counsel for Opposer.
`
`B. The terms "Opposer's Marks" refers to any designation and/or trademark used or
`intended to be used by Opposer to identify Opposer or the goods or services offered or
`promoted by Opposer in connection with that term, and collectively refers to the Git-R-
`Done marks owned by Opposer, including without limitation, United States Trademark
`Registration Nos. 4588701, 4285168, 4274667, 4348015, 4210031, 4210138, 4217503,
`4414805,4414934,4414993,4414991,2954490,2937621,3273188,3000528,3041717,
`3050893, 3050894, 3050895, 4504819, for the mark Git-R-Done and cited by Opposer in
`its Notice of Opposition.
`
`C. The term "Applicant" refers to W.W. Grainger, Inc. and includes all other
`partnerships, corporations or other business entities (whether or not separate legal
`entities) subsidiary to, parent to, or affiliated with Applicant, including all of its or their
`partners, principals, officers, directors, trustees, employees, staff members, agents and
`representatives, including counsel for Applicant.
`
`

`
`Produce all documents which record, refer to, or relate to Applicant's sales or
`intended sales of any goods and services under Applicant's Mark.
`Response:
`
`Request No. 9:
`Produce all documents which record, refer to, or relate to the selection, design,
`adoption, proposed use of, decision to use, and first use of Applicant's Mark and/or any
`mark including the term "Grainger for the Ones Who Get it Done & Design", including
`samples of any names, designations and other marks considered and rejected.
`Response:
`
`Request No. 10:
`Produce all documents which record, refer to, or relate to any seatches, investigations,
`studies, analyses, or inquiries conducted by or on behalf of Applicant, or by any person
`acting for or on its behatf, regarding the availability and registrability of Applicant's
`Mark, or of the term "Grainger for the Ones Who Get it Done & Design".
`Response:
`'
`
`Request No. 11:
`Produce all documents which refer to, relate to, or are in any way concerned with the
`preparation, filing and prosecution of any applications for registration, state or federal, of
`marks incorporating the term "Grainger for the Ones Who Get it Done & Design" by
`Applicant including, without limitation, Application Serial No. 86098079.
`Response:
`
`Request No. 12:
`Produce all documents which record, refer to, or relate to Applicant's consideration or
`decision to select, adopt and use Applicant's Mark and/or any designation including the
`term "Grainger for the Ones Who Get it Done & Design" in each different logotype,
`design, hang tag, packaging, font of type or style in which said designation is being used,
`or is intended to be used, by or on behalf of Applicant.
`Response:
`
`Request No. 13:
`Produce a sample of each different logotype, design, hang tag, packaging, font of type
`or style in which Applicant's Mark and any designation including the term "Grainger for
`the Ones Who Get it Done & Design" is being used, or is intended to be used, by or on
`behalf of Applicant,
`Response:
`
`Request No. 14:
`Produce a sample of each and every different advertisement, intended advertisement,
`item of promotional material and intended item of promotional material printed and/or
`disseminated by or for Applicant in which Applicant's Mark appears and/or any
`designation that includes the term "Grainger for the Ones Who Get it Done & Design".
`Response:
`
`

`
`Request No. 15:
`Produce a sample of each product or service including first aid kits, pails and portable
`beverage coolers which are being used or are intended to be used by Applicant in which
`Applicant's Mark appears.
`Response:
`
`Request No. 1.6:
`Produce copies of all television commercials, press releases, radio scripts and other
`media advertising not previously requested herein, prepared by or for Applicant whether
`or not released or aired, in which Applicant's Mark appears.
`Response:
`
`Request No. 17:
`Produce all documents which record, refer to, or relate to Applicant's advertising and
`promotional expenditures, or expected advertising and promotional expenditures, for any
`goods offered for sale, sold an{ distributed under Applicant's Mark including, without
`limitation, the advertising medium, the dates of any such advertisements or promotions,
`and the cost associated with such advertisements and/or promotions.
`Response:
`
`Request No. 18:
`Produce all documents which record, refer to, or relate to the amount of sales (actual
`and projected) by calendar quarter of goods sold by or for Applicant under Applicant's
`Mark including, without limitation, the identification of the goods or services, the number
`of units and services sold, the dates of the sales, and the dollar value of the sales.
`Response:
`
`Request No. 19:
`Produce all documents which record, refer to, or relate to any communication, oral or
`written, received by Applicant from any person which suggests, implies, or infers any
`connection or association between Opposer Git-R-Done Productions, Inc., and Applicant,
`or which inquires as to whether there is or may be such a connection or association, based
`upon Applicant's and its licensees' or sublicensees'use of the mark Grainger for the One
`Who Get it Done & Design and any designation that includes the term "Get it Done".
`Response:
`
`Request No.20:
`Produce all documents which record, refer to, or relate to any instance or occuffence
`of likelihood of confusion and actual confusion on the part of any person between
`Applicant's use of the Grainger for the Ones Who Get it Done & Design mark, and any
`of Opposer's Marks.
`Response:
`
`Request No. 21:
`
`

`
`Produce all documents which record, refer to, or relate to Applicant's knowledge and
`awareness of the use and application for registration of Opposer's Marks by Opposer Git-
`R-Done Productions. Inc.
`Response:
`
`Request No.22:
`Produce all documents which record, refer to, or relate to any inquiry, investigation,
`evaluation, analysis, or survey conducted by Applicant or any person acting for or on
`behalf of Applicant regarding any issues involved in this proceeding.
`Response:
`
`Request No.23:
`Produce all documents which record, refer to, or which constitute any research, reports,
`surveys, or studies conducted by or on behalf of Applicant of consumer or customer
`perception of Applicant's Mark.
`Response:
`
`t
`Request No. 24:
`Produce all documents in Applicant's possession or control that refer or relate to
`Opposer or Opposer's Marks.
`Response:
`
`Request No.25:
`Produce all press releases, articles and clippings relating to or commenting on goods
`or services marketed or sold under Applicant's Mark.
`Response:
`
`Request No. 26:
`Produce documents sufficient to identify all goods and services in connection with
`which Applicant uses and intends to use Applicant's Mark and any designation that
`includes the term "Get it Done".
`Response:
`
`Request No.27:
`Produce a copy of any statements and opinions of any expert obtained by Applicant
`or any person acting for or on behalf of Applicant regarding any of the issues in this
`opposition proceeding.
`Response:
`
`Request No.28:
`Produce a copy of all documents, other than those produced to any of the foregoing
`requests, upon which Applicant intends to rely in connection with this opposition
`proceeding.
`Response
`
`Request No.29
`
`

`
`Produce all documents identified in response to Opposer's First Set of Interrogatories
`to Applicant, W.W. Grainger, Inc., not produced in response to the above requests.
`Response:
`
`Dated: November /3 ,zol
`
`a/
`
`/
`
`*Mtuw
`
`Herman W. Hudson
`Beitchman & Hudson. LLP
`2r5 r4th St., NW
`Atlanta, Georgia 30318
`404-897-5252 (Office)
`
`Counsel for Opposer, Git-R-Done Productions, Inc.
`
`i
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARI)
`
`CERTIFICATE OF SERVICE
`
`This is to certi$ that I have this day served the foregoing Opposer's First Set of
`Interrogatories to Applicant W. W. Grainger,Inc. and Opposerts First Request for
`Production of Documents to Applicant, by serving a copy of them by FED/EX ovemight
`courier, postage prepaid, in a properly addressed envelope, to:
`
`Mark R. Galis
`Greenburg Traurig, LLP
`77 W . Wacker Dr. Suite 3 100
`Chicago, Illinois 6060t -4904
`
`I
`This 13th day of November, 2014.
`
`Respectfully submitted,
`
`BEITCHMAN & HUDSON" LLP
`
`MHerman W. Hudson
`
`Georgia State Bar No. 374521
`
`2t5 l4'l..- St., NW
`Atlanta, Georgia 30318
`(404) 897-s2s2