Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA748160
`
`Filing date:
`
`05/24/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91220048
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Ballet Monsters, LLC
`
`LARISA L ELIZONDO
`BURKE BURNS & PINELLI LTD
`70 W MADISON , SUITE 4300
`CHICAGO, IL 60602
`UNITED STATES
`LELIZONDO@BBP-CHICAGO.COM
`
`Other Motions/Papers
`
`Larisa Elizondo
`
`lelizondo@bbp-chicago.com
`
`/s/Larisa Elizondo
`
`05/24/2016
`
`nof Motion to Set Aside Default.pdf(65619 bytes )
`Motion to Set Aside Default.pdf(172748 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA748160
`
`Filing date:
`
`05/24/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91220048
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Ballet Monsters, LLC
`
`LARISA L ELIZONDO
`BURKE BURNS & PINELLI LTD
`70 W MADISON , SUITE 4300
`CHICAGO, IL 60602
`UNITED STATES
`LELIZONDO@BBP-CHICAGO.COM
`
`Other Motions/Papers
`
`Larisa Elizondo
`
`lelizondo@bbp-chicago.com
`
`/s/Larisa Elizondo
`
`05/24/2016
`
`nof Motion to Set Aside Default.pdf(65619 bytes )
`Motion to Set Aside Default.pdf(172748 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`V.
`
`BALLET MONSTERS, LLC,
`
`Applicant.
`
`K./\y'%/\2‘§/N-2\é%%
`
`Opposition No. 91220048
`Serial No.: 86/054415
`
`Mark: BALLET MONSTERS
`
`NOTICE OF FILING
`
`TO:
`
`Steven J. Nataupsky
`Diane M. Reed
`
`Jonathan A Menkes
`2040 Main Street, 14”‘ Floor
`Irvine, CA 92614
`(949) 760-0404
`cfiling@knob'be.ooni
`
`PLEASE TAKE NOTICE that on May 24, 2016, we filed with the United States Patent
`and Trademark Office Trademark Trial and Appeal Board, APPLICANT’S MOTION TO SET
`ASIDE DEFAULT, a copy of which is attached hereto and served upon you herewith.
`Respectfully Submitted,
`
`BALLET MONSTERS, LLC
`
` on ters, LLC
`
`Larisa L. Elizondo, Esq.
`BURKE BURNS & PINELLI, LTD.
`70 W. Madison, Suite 4300
`Chicago, IL 60602
`(312) 541—8600
`Attorney No. 29282
`lelizondodbbibp-Chicago.co'm.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing, APPLICANT’S
`
`ANSWER TO AMENDED NOTICE OF OPPOSITION, has been served on Steven J.
`
`Nataupsky, Diane M. Reed, and Jonathan A. Menkes, Opposers’ Attorney of record, via First
`
`Class Mail, postage prepaid to:
`
`Steven J. Nataupsky
`Diane M. Reed
`
`Jonathan A Menkes
`
`2040 Main Street
`14th Floor
`
`Irvine, CA 92614
`(949) 760-0404
`ef11ing@,knobbe.com
`
`
`
`Dated:
`
`Ma 24 2016
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91220048
`
`Serial No.: 86/054415
`
`Mark: BALLET MONSTERS
`
`) )
`
`) )
`
`) )
`
`) )
`
`)
`
`MONSTER ENERGY COMPANY,
`
`Opposer,
`
`V.
`
`BALLET MONSTERS, LLC
`
`Applicant.
`
`APPLICANT’S MOTION TO SET ASIDE NOTICE OF DEFAULT
`
`Applicant, Ballet Monsters, LLC, (“App1icant” or “Ballet Monsters”) moves to set aside
`
`the notice of default entered on May 23, 2016 and for leave to file its Answer to Monster Energy
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`Company’s (“Opposer”) Amended Notice of Opposition. A copy of App1icant’s Answer has
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`been filed contemporaneously with this Motion. In support of its Motion, Ballet Monsters sates
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`the following:
`
`INTRODUCTION
`
`Applicant hereby moves to set aside the Notice of Default and for leave to file its Answer
`
`on the grounds that good cause exists as to why Applicant failed to file a timely Answer. As is
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`set forth more fully below, the delay in filing the Answer was not the result of willful conduct or
`
`gross neglect on the part of Applicant, Opposer will not be substantially prejudiced by the delay.
`
`STATEMENT OF FACTS
`
`On February 9, 2015, Applicant filed an Agreed Stipulation and Order for an extension of
`
`time as the Parties were engaged in settlement discussions. As a part of the settlement
`
`discussions, and pursuant to TBMP §605.02, the Parties mutually agreed to extend the current
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`briefing schedule giving the Applicant originally until June 15, 2015 to file an Answer to the
`
`
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`Notice of Opposition. On February 11, 2015, the Trademark Trial and Appeal Board (“TTAB”)
`
`entered an Order granting the extension and the conference, disclosure, discovery, and trial dates
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`were reset in accordance with the Agreed Stipulation and Order.
`
`On June 11, 2015, the Applicant filed a second Agreed Stipulation and Order to extend
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`the time to Answer the Notice of Opposition as settlement discussions between the Parties were
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`ongoing. On June 12, 2015, TTAB entered an Order granting the extension and, therefore, the
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`conference, disclosure, discovery and trial dates were reset in accordance with the Agreed
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`Stipulation and Order filed.
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`On August 5, 2015, the Opposer filed a third motion for an extension of time and that all
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`subsequent dates be reset accordingly. Moreover, the TTAB granted the extension on August 5,
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`2015, resetting the conference, disclosure, discovery and trial dates previously scheduled. On
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`October 7, 2015, the Opposer filed a fourth motion for an extension of time and the TTAB
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`granted same. On December 2, 2015, the Opposer filed a fifth motion for an extension of time
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`and the TTAB granted said motion resetting all subsequent dates.
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`Further, on January 4, 2016, Opposer filed sixth motion for an extension of time to
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`answer and that all subsequent dates be reset accordingly and the TTAB granted same. Lastly, on
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`February 10, 2016, Applicant filed a seventh motion for extension of time with consent as the
`
`settlement discussions continued. The TTAB granted the motion resetting the dates once again
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`resulting in the Applicant’s Answer to be filed March 10, 2016. Applicant timely filed its
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`Answer to the Notice of Opposition on March 10, 2016. It is clear from the timely filing of its
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`Answer that Applicant intended, at all times, to adhere to the deadlines set forth in the final
`
`motion for extension of time granted on February 10, 2016.
`
`
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`Opposer filed a Motion for Leave to file its Amended Notice of Opposition on April 7,
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`2016, the TTAB granted the motion on April 12, 2016, which then reset all of the subsequent
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`dates for the eighth time. With all of the dates having been reset several times, the Applicant
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`inadvertently missed the answer due date of May 12, 2016, and hereby requests leave to file its
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`late answer contemporaneously filed with this motion. The Opposer will not be substantially
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`prejudiced by the filing of this late answer as the Amended Notice of Opposition has added only
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`one paragraph to which the Applicant has no sufficient knowledge to form the basis of the
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`answer to same.
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`CONCLUSION
`
`The Applicant hereby respectfiilly requests setting aside the notice of default and granting
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`leave to file its late Answer to the Opposer’s Amended Notice of Opposition. The filing of this
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`late answer was not the result of willful conduct or gross negligent conduct, but rather a missed
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`due date from the multiple rescheduling of deadlines. The Applicant moves the TTAB to dismiss
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`the Notice of Default and to reschedule the conference, disclosure, discovery, and trail dates
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`accordingly.
`
`Respectfully submitted,
`BALLET MONSTERS, LLC
`
`
`
` Attorney for '- onters, LLC
`
`Larisa L. Elizondo
`
`BURKE BURNS & PINELLI, LTD.
`70 W. Madison
`
`Suite 4300
`
`Chicago, Illinois 60602
`(312) 541-8600
`lelizondo((Dbbp-chicagggpoin
`
`Dated: May 24, 2016
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