Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA710241
`ESTTA Tracking number:
`11/23/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91216270
`Plaintiff
`Manhattan International Trade Inc. and Pure & Simple Concepts Inc.
`THOMAS D ROSENWEIN
`ROSENWEIN LAW GROUP
`120 SOUTH LASALLE STREET, SUITE 1440
`CHICAGO, IL 60603
`UNITED STATES
`trosenwein@lawggf.com, ickes@lawggf.com
`Plaintiff's Notice of Reliance
`Thomas D. Rosenwein
`TRosenwein@rlawgrp.com
`/TDR/
`11/23/2015
`Supp Notice of Reliance-TTABFD-doc.pdf(1454750 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA710241
`ESTTA Tracking number:
`11/23/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91216270
`Plaintiff
`Manhattan International Trade Inc. and Pure & Simple Concepts Inc.
`THOMAS D ROSENWEIN
`ROSENWEIN LAW GROUP
`120 SOUTH LASALLE STREET, SUITE 1440
`CHICAGO, IL 60603
`UNITED STATES
`trosenwein@lawggf.com, ickes@lawggf.com
`Plaintiff's Notice of Reliance
`Thomas D. Rosenwein
`TRosenwein@rlawgrp.com
`/TDR/
`11/23/2015
`Supp Notice of Reliance-TTABFD-doc.pdf(1454750 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`
`
`MANHATTAN INTERNATIONAL TRADE, INC.
`and PURE & SIMPLE CONCEPTS, INC.,
`
`
`
`
`
`
`
`Opposers,
`
`
`
`v.
`
`
`INDUSTRIE IP PTY LIMITED,
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`OPPOSERS’ SUPPLEMENTAL NOTICE OF RELIANCE IN REBUTTAL
`
`
`
`Opposition No. 91216270
`
`Serial No. 85/881,059
`
`Mark: FINEST QUALITY GARMENT
`MAKERS INDUSTRIE TURN OF THE
`CENTURY CLOTHING EST 1999
`
`
`
`Applicant.
`
`Opposers Manhattan International Trade, Inc. and Pure & Simple Concepts, Inc., by their
`
`attorneys, Rosenwein Law Group, hereby submit their Supplemental Notice of Reliance in the
`
`above titled cause pursuant to TBMP §704.02 and 37 CFR § 2.122(e), as follows:
`
`1.
`
`Applicant’s Responses to Opposers’ First Set of Requests for Production of
`
`documents dated August 21, 2014 (Exhibit A); and
`
`2.
`
`Applicant’s Responses to Opposer’s First Set of Interrogatories dated August 21,
`
`MANHATTAN INTERNATIONAL TRADE, INC.
`and PURE & SIMPLE CONCEPTS, INC.
`
`
`One of Their Attorneys
`
`
`
`
`
`By:
`
`
`
`2014 (Exhibit B).
`
`
`
`Dated: November 23, 2015
`
`
`Thomas D. Rosenwein
`Rosenwein Law Group
`120 South LaSalle Street, Suite 1440
`Chicago, Illinois 60603
`(312) 346-1080
`(312) 264-0848 (Facsimile)
`E-Mail: TRosenwein@rlawgrp.com
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91216270
`Serial No. 85/881,059
`
`) > ) )
`
`) )
`
`) ) ) ) )
`
`MANHATTAN INTERNATIONAL TRADE,
`INC. AND PURE & SIMPLE
`
`CONCEPTS, lNc.,
`
`Opposers,
`
`V.
`
`INDUSTRIE IP PTY LIMITED,
`
`Applicant.
`
`APPL|CANT'S RESPONSES TO OPPOSERS’ FIRST SET OF REQUESTS FOR
`PRODUCTION OF DOCUMENTS
`
`Pursuant to Federal Rules of Civil Procedure 37 and Trademark Rules 2.120,
`
`Applicant lndustrie IP Pty Limited ("Applicant"), by and through its attorneys, Friedman
`
`Stroffe & Gerard, P.C, responds to Opposers’ ("Opposers") First Set of Requests for
`
`Production of Documents, as follows:
`
`GENERAL OBJECTIONS
`
`1.
`
`Applicant objects to the entire set of Requests to the extent that each calls
`
`for the production of information and/or documents which are privileged or otherwise
`
`protected from discovery by law, including, but not limited to, violations of the attorney-
`
`client privilege or the attorney work—product doctrine, third—paIty privacy rights and/or tax
`
`and revenue laws, the privilege of self-critical analysis, or any other applicable privilege
`
`or immunity. Applicant interprets each request to exclude a request for such information.
`
`2.
`
`Applicant objects to the entire set of Requests to the extent the burden
`
`and expense of searching for, culling, and producing all such responsive documents
`
`28499191
`
`
`
`and things would outweigh the likely benefit of the requested information, taking into
`
`account the needs of the case, the amount in controversy, the parties’ resources, the
`
`issues’ importance, and the requests’ importance in resolving those issues. Applicant
`
`will infer and apply a reasonable scope to all such requests.
`
`3.
`Applicant objects to each request, definition, and instruction that purports
`to impose any requirements upon Applicant beyond those of the TBMP, Federal Rules
`
`of Civil Procedure, and any other applicable laws or rules.
`
`4.
`
`Applicant objects to the “Definitions” set forth in the Requests to the extent
`
`they purport to impose any obligation on Applicant that is greater than or different from
`
`that imposed by the TBMP, Federal Rules of Civil Procedure, or applicable rules of this
`
`Coun.
`
`5.
`
`Applicant objects to Propounding Party’s designated time and place for
`
`production. Applicant will make its documents and tangible items available for
`
`inspection at a mutually agreeable time and location.
`
`6.
`
`Applicant
`
`incorporates by reference these General Objections above-
`
`stated Preliminary Response and each above—stated general objection into each
`
`specific response to each Request, as set forth below. From time to time, a specific
`
`response may repeat a general objection for emphasis or some other reason. The
`
`decision not to repeat any particular general objection in any specific response is not
`
`intended and should not be interpreted as a waiver of any general objection to that
`
`response.
`
`7.
`
`Applicant objects to each Request that asks Applicant to produce “All
`
`documents” as overbroad, as the use of that phrase renders the scope of the Request
`
`unascertainable.
`
`2849919.!
`
`
`
`Reguests for Production of Documents
`
`Reguest for Production No. 1
`
`All documents evidencing the number of customers to whom you have offered
`
`Your Goods in the United States for the each of the last five years.
`
`Response
`
`Applicant objects to this Request on the following grounds:
`
`(1)
`
`it seeks
`
`information that violates the privacy rights of third parties;
`
`(2)
`
`it seeks information
`
`containing confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 2
`
`All documents evidencing the number of customers to whom you have offered
`
`Your Services in the United States for the each of the last five years.
`
`Response
`
`Applicant objects to this Request on the following grounds:
`
`(1)
`
`it seeks
`
`information that violates the privacy rights of third parties;
`
`(2)
`
`it seeks information
`
`containing confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`28499191
`
`
`
`Reguest for Production No. 3
`
`All documents evidencing the customers to whom you have offered Your Goods
`
`for each year Your Goods were sold in the United States.
`
`Response
`
`Applicant objects to this Request on the following grounds:
`
`(1)
`
`it seeks
`
`information that violates the privacy rights of third parties;
`
`(2) it seeks information
`
`containing confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 4
`
`All documents evidencing the customers to whom you have offered Your
`
`Services for each year Your Services were sold in the United States.
`
`Response
`
`Applicant objects to this Request on the following grounds:
`
`(1)
`
`it seeks
`
`information that violates the privacy rights of third parties;
`
`(2)
`
`it seeks information
`
`containing confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 5
`
`All documents evidencing the manufacturers of goods sold through any physical
`
`locations or Internet sites using Your App|ied—For Mark.
`
`28499191
`
`
`
`Response
`
`Applicant objects to this Request because (1) it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information; and (2) it seeks
`
`information not relevant to a claim or defense.
`
`Reguest for Production No. 6
`
`All documents evidencing the gross sales by year for each year of Applicant's
`
`corporate existence in the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 7
`
`All documents evidencing the price at which goods were sold in connection with
`
`the Applied-For Mark for each year of Applicant's corporate existence in the United
`
`States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`28499191
`
`
`
`Reguest for Production No. 8
`
`All documents and things concerning the -location of customers in the United
`
`States using Your Services for each year of Applicant's corporate existence.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 9
`
`All documents and things relating to your first use of the Applied—For Mark on or
`
`in connection with each of Your Services, including within the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 10
`
`All documents and things relating to your first use of the Applied—For Mark on or
`
`in connection with each of Your Goods, including within the United States.
`
`2849919.]
`
`
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply with the this Request.
`
`Reguest for Production No. 11
`
`All documents memorializing or establishing the transfer or license of any rights
`
`in the Applied-For Mark.
`
`Response
`
`Applicant objects to this Request because it seeks information that violates the
`
`privacy rights of third parties.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 12
`
`All documents and things pertaining to Applicant's application to register the
`
`Applied-For Mark with the United States Patent and Trademark Office and/or any other
`
`governmental entity, including all signed applications, Allegations of Use, Statements of
`
`Use, Amendments to Allege Use, Declarations of Use, Renewal Applications, and the
`
`specimens of trademark use filed with each.
`
`Response
`
`Applicant objects to this Request on the following grounds: (1) the information is
`
`obtainable from a more convenient, less burdensome or expensive source; and (2) the
`
`2849919.!
`
`
`
`burden or expense of responding outweighs the request’s likely benefit,
`
`taking into
`
`account the needs of the case, the amount in controversy, App|icant’s resources, the
`
`issue’s importance, and the request’s importance in resolving the issues.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply with the reasonable scope of this request by providing documents relating to
`
`App|icant’s attempts to register the Applied—For Mark in places other than the United
`
`States.
`
`Reguest for Production No. 13
`
`All documents and things identifying websites where Your Services have been
`
`advertised, sold or marketed.
`
`Response
`
`Applicant objects to this Request because it the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply with the reasonable scope of this Request to the extent responsive documents
`
`exist.
`
`Reguest for Production No. 14
`
`All documents and things identifying websites where Your Goods have been
`
`advertised, sold or marketed.
`
`Response
`
`Applicant objects to this Request because it the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`2849919.]
`
`
`
`comply with the reasonable scope of this Request to the extent responsive documents
`
`exist.
`
`Reguest for Production No. 15
`
`All documents and things identifying all media used to advertise Your Services in
`
`the United States.
`
`Response
`
`Applicant objects to this Request because it the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 16
`
`All documents and things identifying all media used to advertise Your Goods in
`
`the United States.
`
`Response
`
`Applicant objects to this Request because it the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 17
`
`All documents and things evidencing advertising expenditures for Your Services
`
`by year since the corporate existence of Applicant, including within the United States.
`
`2849919.]
`
`
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 18
`
`All documents and things evidencing advertising expenditures for Your Goods by
`
`year since the corporate existence of Applicant, including within the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 19
`
`Copies of all advertising and promotional materials used by You in promoting
`
`Your Services, including but not limited to copies of Internet advertising,
`
`in the United
`
`States.
`
`Response
`
`Applicant objects to this Request because the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`2849919. I
`
`
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 20
`
`Copies of all advertising and promotional materials used by You in promoting
`
`Your Goods,
`
`including but not limited to copies of lnternet advertising,
`
`in the United
`
`States.
`
`Response
`
`Applicant objects to this Request because the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 21
`
`Copies of all newspapers, magazines,
`
`television commercials, and/or other
`
`media publications in which Your Services have been marketed, sold or offered for sale
`
`or intended to be marketed or sold, by or on behalf of Applicant in the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`2849919.]
`
`
`
`Reguest for Production No. 22
`
`Copies of all newspapers, magazines,
`
`television commercials, and/or other
`
`media publications in which Your Goods have been marketed, sold or offered for sale or
`
`intended to be marketed or sold, by or on behalf of Applicant in the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 23
`
`All agreements (including licenses, consents, assignments, settlements) relating,
`
`concerning, referencing, involving and/or referring to the Applied—For Mark, including the
`
`marketing and sale of Your Services by others.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 24
`
`All agreements (including licenses, consents, assignments, settlements) relating,
`
`concerning, referencing, involving and/or referring to the Applied-For Mark, including the
`
`2849919.]
`
`
`
`marketing and sale of Your Goods by others.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 25
`
`All documents and things concerning or relating to channels of trade and/or
`
`distribution, or intended channels of trade and/or distribution for Your Services in the
`
`United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 26
`
`All documents and things concerning or relating to channels of trade and/or
`
`distribution, or intended channels of trade and/or distribution for Your Goods in the
`
`United States.
`
`28499191
`
`
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 27
`
`All documents and things concerning or relating to channels of marketing, or
`
`intended channels of marketing, for Your Services in the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 28
`
`All documents and things concerning or relating to channels of marketing, or
`
`intended channels of marketing, for Your Goods in the United States.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`2849919.]
`
`
`
`documents have ever existed.
`
`Reguest for Production No. 29
`
`All documents referring to or concerning Opposers.
`
`Response
`
`Applicant objects to this request on the following grounds: (1) it seeks information
`
`protected by the attorney—client privilege or the work product doctrine; and (2) it seeks
`
`information that is not relevant to a claim or defense or reasonably calculated to lead to
`
`the discovery of admissible evidence.
`
`Reguest for Production No. 30
`
`All documents relating to Your initial discovery of Opposers' Marks.
`
`Response
`
`Applicant objects to this request on the following grounds: (1) it seeks information
`
`protected by the attorney-client privilege or the work product doctrine;
`
`(2)
`
`it seeks
`
`information that is not relevant to a claim or defense or reasonably calculated to lead to
`
`the discovery of admissible evidence; (3) it seeks information that can be obtained from
`
`a less expensive source.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant
`
`learned of the marks from the previous Cancellation Action. Opposers have those
`
`documents.
`
`Reguest for Production No. 31
`
`All documents relating to or memorializing any instances of confusion between
`
`Opposers and Applicant, or between the goods and services offered by Opposers and
`
`the services offered by Applicant.
`
`2849919. 1
`
`
`
`Response
`
`Applicant objects to this request because it seeks information that is not relevant
`
`to a claim or defense or reasonably calculated to lead to the discovery of admissible
`
`evidence.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 32
`
`All documents concerning or relating to any instance in which a third party has
`
`contended that You were in infringing the third party's trademark rights by use of the
`
`Applied For Mark.
`
`Response
`
`Applicant objects to this request because it seeks information that is not relevant
`
`to a claim or defense or reasonably calculated to lead to the discovery of admissible
`
`evidence.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 33
`
`All documents concerning or
`
`relating to any instance in which You have
`
`contended that a third party was infringing Your rights in the App|ied—For Mark, including
`
`but not limited to cease and desist letters.
`
`2849919.]
`
`
`
`Resgonse
`
`Applicant objects to this request because it seeks information that is not relevant
`
`to a claim or defense or reasonably calculated to lead to the discovery of admissible
`
`evidence.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply.
`
`Reguest for Production No. 34
`
`All documents and things Applicant will use or plans to use as evidence to
`
`demonstrate that no likelihood of confusion, mistake, or deception between Opposers'
`
`Marks and the App|ied—For Mark.
`
`Resgonse
`
`Applicant objects to this request because it prematurely seeks disclosure of
`
`expert witness information.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply with the reasonable scope of this Request to the extent responsive documents
`
`exist.
`
`Reguest for Production No. 35
`
`All documents and things referring or relating to (a) each search, investigation or
`
`inquiry in the United States; or (b) each survey conducted in the United States at any
`
`time to date by or on behalf of the Applicant pertaining to the App|ied—For Mark.
`
`Resgonse
`
`Applicant objects to this request because it seeks information protected by the
`
`attorney—client privilege or the work product doctrine.
`
`28499 I 9.1
`
`
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 36
`
`All documents and things concerning or relating to services that compete with
`
`Your Services,
`
`including but not limited to market surveys and/or studies, customer
`
`surveys and/or studies.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 37
`
`All documents and things concerning or relating to goods that compete with Your
`
`Goods,
`
`including but not limited to market surveys and/or studies, customer surveys
`
`and/or studies.
`
`Resgonse
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`2849919. I
`
`
`
`Reguest for Production No. 38
`
`All documents and things evidencing all
`
`inter partes proceedings,
`
`including
`
`proceedings before the Trademark Trial and Appeal Board or other agencies or
`
`administrative bodies, and lawsuits,
`
`in which Applicant
`
`is or has been involved
`
`regarding Applicant's Applied—For Mark, as well as any written challenges directed to or
`
`by Applicant, concerning Applicant's Applied—For Mark, and all documents relating
`
`thereto.
`
`Response
`
`Applicant objects to this Request because the information is obtainable from a
`
`more convenient, less burdensome or expensive source.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 39
`
`All documents and things evidencing consumer and/or purchaser surveys and
`
`market research that you have conducted or have had others conduct on your behalf
`
`relating to the Applied-For Mark used or intended for use with the goods and services
`
`sold in connection with the Applied-For Mark.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`2849919.]
`
`
`
`documents have ever existed.
`
`Reguest for Production No. 40
`
`All documents and things evidencing market research which Applicant has
`
`conducted, directly or indirectly, or of which Applicant
`
`is aware,
`
`relating to market
`
`position and customer identity of Opposers' business.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 41
`
`All documents and things evidencing Applicant's plans
`
`for expansion or
`
`contraction of
`
`its channels of marketing and trade conducted or
`
`intended to be
`
`conducted under the Applied—For Mark.
`
`Response
`
`Applicant objects to this Request because it seeks information containing
`
`confidential, financial, trade secret, or other proprietary information.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply with the reasonable scope of this Request to the extent responsive documents
`
`exist, and subject to a protective order.
`
`Reguest for Production No. 42
`
`All documents and things identified in, or used to provide answers to, any of
`
`28499191
`
`
`
`Applicant's responses to Opposers' First Set of lnterrogatories to Applicant.
`
`Response
`
`Applicant objects to this Request because it
`
`is unreasonably cumulative or
`
`duplicative.
`
`Subject
`
`to the foregoing objections, Applicant responds as follows: After a
`
`diligent search and reasonable inquiry, Applicant cannot comply because no responsive
`
`documents have ever existed.
`
`Reguest for Production No. 43
`
`All declarations, affidavits or statements obtained by Applicant in this matter or
`
`for use or potential use in this matter.
`
`Response
`
`Applicant objects to this Request because it seeks information that is not relevant
`
`to a claim or defense or reasonably calculated to lead to the discovery of admissible
`
`evidence.
`
`Subject to the foregoing objections, Applicant responds as follows: Applicant will
`
`comply.
`
`Dated: August 21, 2014
`
`Friedman Stroffe & Gerard, P.C.
`
`Andrew R. Nelson
`
`Bryan M. Friedman
`Attorneys for Applicant
`
`28499l9.l
`
`
`
`PROOF OF SERVICE
`
`Manhattan Int. Trade, Inc. and Pure & Simple Concepts, Inc. v. Industrie IP Pty Limited
`Opposition No. 91216270
`
`I am over the age of
`I am employed in the County of Orange, State of California.
`18 and not a party to the within action; my business address is 19800 MacArthur
`Boulevard, Suite 1100, Irvine, California 92612-1086.
`
`On August 21, 2014, I served the foregoing document(s) described as follows:
`
`APPL|CANT'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
`AND THINGS TO OPPOSER
`
`on the interested parties in this action by placing [x] a true copy [] the original thereof
`enclosed in a sealed envelope and addressed as follows:
`
`Counsel for Opposer
`Thomas D. Rosenwein
`
`Glickman, Flesch & Rosenwein
`120 South LaSalle Street
`
`Chicago, IL 60603
`
`(MAIL) I am readily familiar with Friedman Stroffe & Gerard’s ordinary business
`[x]
`practice of collection and processing correspondence for mailing. Under the practice it
`would be deposited with the U.S. Postal Sen/ice on the same day with postage thereof
`fully prepaid at Irvine, California in the ordinary course of business.
`I followed this
`business practice and I placed the envelope for collection and mailing on the date
`identified above.
`I am aware that on motion of the party served, service is presumed
`invalid if postage cancellation date or postage date is more than one day after date of
`deposit for mailing in affidavit.
`
`(FEDERAL) I declare under the laws of the United States of America that I am
`[x]
`employed in the office of a member of the Bar of this Court at whose direction the
`service was made and that the foregoing is true and correct.
`
`Executed on August 21, 2014 at Irvine, California.
`
`Ju ' Sandoval
`
`28499191
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MANHATTAN INTERNATIONAL TRADE,
`INC. AND PURE & SIMPLE
`
`CONCEPTS, |NC.,
`
`Opposers,
`
`V.
`
`lNDusTRIE IP PTY LIMITED,
`
`Applicant.
`
`\/\/\/\/\/\/\/\/éxy;
`
`Opposition No. 91216270
`Serial No. 85/881,059
`
`APPLlCANT'S RESPONSES TO OPPOSER’S FIRST SET OF INTERROGATORIES
`
`Pursuant to Fed. R Civ. P. 33 and Trademark Rule 2.120, Applicant lndustrie lP
`
`Pty Limited ("Applicant"), by and through its attorneys, Friedman Stroffe & Gerard, P.C,
`
`responds to Opposers’ ("Opposers") First Set of interrogatories, as follows:
`
`General Obiections
`
`1.
`
`Applicant objects to the interrogatories to the extent
`
`that
`
`they seek
`
`information protected by the attorney client or work product privileges or is othen/v
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