`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
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`Mailed: December 2, 2016
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`Opposition No. 91216597 (Parent)
`Opposition No. 91225827
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`Monster Energy Company
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`v.
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`Monster Moto, LLC
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`Millicent Canady, Paralegal Specialist:
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`Opposer’s consented motion (filed November 10, 2016) to extend disclosure, discovery and
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`trial dates is granted. Trademark Rule 2.127(a).
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`Progress Report Required for Motions to Suspend or Extend for Settlement
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`The Board has granted numerous motions to suspend or extend in this proceeding
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`to accommodate the parties’ settlement efforts. Upon expiration of the suspension
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`period granted in this order, in order to establish good cause for all future requests for
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`suspension or extension, the parties must include, in any further motions to suspend or
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`extend, a detailed report setting forth what progress the parties have made towards
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`settlement during the previous period of suspension
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`This report must set forth, at a minimum, 1) all dates on which the parties
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`communicated, and the method of each communication (e.g. telephone, email, in-person
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`meeting), 2) the general nature of each communication, 3) the issues that have been
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`Opposition No. 91216597
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`resolved, 4) the issues that remain to be resolved or that remain for trial, and 5) a
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`proposed timetable for resolution of the unresolved issues. Appropriately designated
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`confidential information or materials may be filed under seal and will be barred from
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`public viewing. See Trademark Rule 2.126(c); TBMP §§ 120.02 and 502.02(c).
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`Due to the requirement for a progress report, the parties can no longer use the
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`ESTTA consent motions form to file future motions to suspend or extend.
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`Absent a progress report as required above, a motion to suspend or extend may be
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`denied, even if consented to by the parties. If the Board denies such a motion, dates may
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`remain as previously set. See TBMP § 509.01(a).
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`If there is no word from either party concerning the progress of settlement, upon
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`conclusion of the extension period, proceedings shall resume without further notice
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`or order from the Board, upon the schedule set forth in Opposer’s motion.
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`In each instance, a copy of the transcript of testimony together with copies of
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`documentary exhibits, must be served on the adverse party within thirty days after
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`completion of the taking of testimony. Trademark Rule 2.l25. Briefs shall be filed in
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`accordance with Trademark Rules 2.128(a) and (b). An oral hearing will be set only upon
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`request filed as provided by Trademark Rule 2.l29.
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`If, during the suspension period, either of the parties or their attorneys have a change
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`of address, the Board must be so informed.
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`- 2 -
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