Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA697942
`ESTTA Tracking number:
`09/24/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91218529
`Plaintiff
`The Coca-Cola Company
`John C. Rawls, Esq.
`Baker Williams Matthiesen LLP
`1177 WEST LOOP SOUTH, STE 1600
`HOUSTON, TX 77027
`UNITED STATES
`rocky@bwmtx.com
`Opposition/Response to Motion
`John C. Rawls
`rocky@bwmtx.com, sarah@bwmtx.com
`/John C. Rawls/
`09/24/2015
`FINAL Response to Soler Motion to Strike DOKE Opp '529 9.24.pdf(907869
`bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA697942
`ESTTA Tracking number:
`09/24/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91218529
`Plaintiff
`The Coca-Cola Company
`John C. Rawls, Esq.
`Baker Williams Matthiesen LLP
`1177 WEST LOOP SOUTH, STE 1600
`HOUSTON, TX 77027
`UNITED STATES
`rocky@bwmtx.com
`Opposition/Response to Motion
`John C. Rawls
`rocky@bwmtx.com, sarah@bwmtx.com
`/John C. Rawls/
`09/24/2015
`FINAL Response to Soler Motion to Strike DOKE Opp '529 9.24.pdf(907869
`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 BOARD
`
`
`In re: Serial No.: 85/741,161
`Mark: DOKE
`Filed: September 28, 2012
`
`THE COCA-COLA COMPANY,
`
`
`Plaintiff,
`
`v.
`
`ALBERTO SOMOHANO-SOLER,
`
`
`Defendant.
`
`
`
`Opposition No. 91,218,529
`
`PLAINTIFF’S RESPONSE TO
`DEFENDANT’S MOTION TO STRIKE
`
`
`Plaintiff The Coca-Cola Company, by and through its undersigned counsel, files
`
`this Response to defendant’s September 20, 2015, Motion to Strike Coke’s Affidavit
`
`(“Motion”).
`
`Defendant moves to strike the Affidavit of Cynthia Parks, filed in support of
`
`Plaintiff’s September 4, 2015, Response to Defendant’s Amended Response to Board’s
`
`Show Cause Order and Petition for Review, on the ground that the affidavit does not
`
`demonstrate Ms. Parks’ personal knowledge of service on defendant of plaintiff’s initial
`
`disclosures and responses to defendant’s first sets of requests for production and
`
`interrogatories. Ms. Parks was copied on the emails transmitting to defendant plaintiff’s
`
`initial disclosures and plaintiff’s responses to defendant’s first sets of requests for
`
`production and interrogatories. The emails, and the affidavit of Ms. Parks, attached as
`
`Exhibit A hereto, demonstrates that Ms. Parks has direct, personal knowledge that
`
`Parks Wood served the documents on defendant.
`
`
`
`
`
`In light of the foregoing, Plaintiff requests that Defendant’s Motion be denied.
`
`
`
`Date: September 24, 2015
`
`
`
`Respectfully submitted,
`
`By:
`
`
`/John C. Rawls/
`Baker Williams Matthiesen LLP
`1177 West Loop South, Suite 1600
`Houston, Texas 77027
`Tel: (713) 888-3535
`Fax: (713) 888-3550
`
`
`
`
`
`
`
`
`2
`
`
`
`Exhibit A: Affidavit of Cynthia Parks
`
`
`
`I, Cynthia Parks, hereby state:
`
`1.
`
`I am a founding partner of the law firm of Parks Wood LLC, formerly
`
`counsel of record in this matter for plaintiff The Coca-Cola Company. I have direct and
`
`personal knowledge of the facts set forth herein and, if called as a witness, could and
`
`would competently testify thereto.
`
`2.
`
`During the time when Parks Wood was counsel of record in this matter I
`
`was the lead attorney and supervised all other Parks Wood attorneys and staff who
`
`worked on the matter.
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of an email I
`
`received in the inbox of my Parks Wood email account on January 20, 2015. Plaintiff’s
`
`Initial Disclosures was attached to the email. I received the email from kherrick@parks-
`
`wood.com, the email address of Keely Herrick, an attorney employed by Parks Wood.
`
`The email was addressed to defendant at the email address dokecola@live.com.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of an email I
`
`received in the inbox of my Parks Wood email account on May 29, 2015. Plaintiff’s
`
`responses to defendant’s first sets of requests for production and interrogatories were
`
`attached to the email. I received the email from kherrick@parks-wood.com. The email
`
`was addressed to defendant at the email addresses who@doke.life and
`
`who@dokecola.com.
`
`I declare under penalty of perjury under the laws of the United States that the
`
`foregoing is true and correct.
`
`Executed this 24th day of September, 2015, at Atlanta, Georgia.
`
`
`
`_____________________
`Cynthia Parks
`
`
`
`
`
`
`
`
`
`EXHIBIT 1 to Parks Affidavit
`
`
`
`
`
`
`
`
`
`From:
`To:
`Cc:
`Bcc=
`Subject:
`Date:
`Attachments:
`
`Keely Herrick
`"dokecoia@iiye.corrI"
`gynthia Parke; TMDocketing
`
`U.S. Trademark Opposition No. 91218529, Our ref.: 81251875
`Tuesday, January 20, 2015 10:34:00 AM
`D0_KfE .Ini.tial_Di$c|9'sure5 T<.2..C_C..pdf.
`
`
`
`Dear Mr. Soler,
`
`Please see the attached.
`
`Sincerely,
`
`Keely L. Herrick
`Parks Wood LLC
`730 Peachtree Street NE
`Suite 600
`
`Atlanta, Georgia 30308
`
`(678) 365-4432
`
`
`
`
`
`EXHIBIT 2 to Parks Affidavit
`
`
`
`
`
`
`
`
`
`Keely Herrick
`Friday, May 29, 2015 8:01 AM
`'who@doke.|ife'; 'who@dokecola.com'
`Cynthia Parks
`U.S. Trademark Opposition No. 91218529 [Our ref.: 81251875)
`DOKE Discovery Reponses.pdf
`
`Uploaded to First To File
`
`Keel! Herrick
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`Attachments:
`
`Categories:
`
`Dear Mr. Soler,
`
`Please find attached our client’s responses to your first set of interrogatories and requests for production in the subject
`trademark opposition.
`
`Sincerely,
`
`Keely L. Herrick
`Parks Wood LLC
`730 Peachtree Street NE
`Suite 600
`Atlanta, Georgia 30308
`kherrick@pam—wood .com
`(573) 365-4432
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Serial No.: 85/741,161
`Mark: DOKE
`
`Filed: September 28, 2012
`
`THE COCA-COLA COMPANY,
`
`Opposition No. 91.218529
`
`Plaintiff,
`
`v.
`
`ALBERTO SOMOHANO-SOLER,
`
`Defendant.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on this day, I have served the foregoing PLA|NT|FF’S RESPONSE
`
`TO DEFENDANT’S MOTION TO STRIKE on Defendant in this matter by mailing a true
`
`and correct copy thereof by first class mail, postage prepaid, to:
`
`Alberto Somohano—SoIer
`Ernesto Garcia
`WHO
`San Agustin #837 Silvia y Fernando
`Parraga-Havana, 000000
`CUBA
`
`Date: September24, 2015
`
`’
`
`§ ;
`
`By‘
`
`2
`
`Sarah Silbert
`
`7
`
`Baker Williams Matthiesen LLP
`
`1177 West Loop South, Suite 1600
`Houston, Texas 77027
`Tel: (713) 888-3535
`Fax:
`(713) 888-3550
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
