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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA817209
`04/27/2017
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91224083
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`WhiteWave Services, Inc.
`
`BETSY D PROFFITT
`HOLLAND & HART LLP
`PO BOX 8749
`DENVER, CO 80201-8749
`UNITED STATES
`bdproffitt@hollandhart.com, docket@hollandhart.com,
`lhtronco@hollandhart.com
`
`Motion to Suspend for Settlement Discussions
`
`Betsy P. Bengtson
`
`bpbengtson@hollandhart.com, lhtronco@hollandhart.com, dock-
`et@hollandhart.com
`
`/BETSY P. BENGTSON/
`
`04/27/2017
`
`CLASSICMAC Motion for Suspension for Settlement with Consent.pdf(17004
`bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No.: 91224083
`
`Mark: CLASSICMAC
`
`Serial No.: 86008622
`
`
`
`McDonald’s Corporation,
`
`Opposer,
`
`
`
`
`v.
`
`WhiteWave Services, Inc.,
`
`Applicant.
`
`
`
`MOTION FOR SUSPENSION FOR SETTLEMENT WITH CONSENT
`
`Applicant WhiteWave Services, Inc. (“Applicant”), by and through its counsel, hereby
`
`
`
`
`
`moves upon consent for an Order suspending this proceeding for thirty (30) days. Opposer, by
`
`its counsel, has consented to, and joins in, this request.
`
`The Parties are currently engaged in settlement negotiations. They have shared multiple
`
`discussions. Specifically, on April 20, 2017, Opposer’s counsel sent proposed revisions to the
`
`settlement agreement to Applicant’s counsel. Applicant’s counsel responded on April 24, 2017
`
`accepting Opposer’s revisions. Opposer is currently away from the office and expects to provide
`
`Applicant with the executed agreement this week. The Parties anticipate finalizing the resolution
`
`of this matter and filing the withdrawal of the opposition proceeding this week. Accordingly, the
`
`Parties’ request for suspension is not for the purpose of delay, but for good cause to continue
`
`settlement negotiations.
`
`
`
`

`

`
`
`The Parties propose the following new deadlines in this proceeding:
`
`Time to Answer :
`
`Deadline for Discovery Conference :
`
`Discovery Opens :
`
`Initial Disclosures Due :
`
`Expert Disclosures Due :
`
`Discovery Period to Close :
`
`Plaintiff Pretrial Disclosures :
`
`Plaintiff's 30-day Trial Period Ends :
`
`Defendant's Pretrial Disclosures :
`
`Defendant's 30-day Trial Period ends :
`
`Plaintiff's Rebuttal Disclosures :
`
`Plaintiff's 15-day Rebuttal Period Ends :
`
`
`
`05/30/2017
`
`06/29/2017
`
`06/29/2017
`
`07/29/2017
`
`11/26/2017
`
`12/26/2017
`
`02/09/2018
`
`03/26/2018
`
`04/10/2018
`
`05/25/2018
`
`06/09/2018
`
`07/09/2018
`
`Dated: April 27, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Betsy P. Bengtson
`Larry H. Tronco
`Betsy P. Bengtson
`HOLLAND & HART LLP
`1800 Broadway, Suite 300
`Boulder, Colorado 80302
`Phone: (303) 295-8284
`Facsimile: (303) 975-5379
`lhtronco@hollandhart.com
`bpbengtson@hollandhart.com
`
`ATTORNEYS FOR APPLICANT
`WHITEWAVE SERVICES, INC.
`
`
`
`2
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I certify that on April 27, 2017, I served a copy of the above MOTION FOR
`SUSPENSION FOR SETTLEMENT WITH CONSENT to the following by:
`
`
`
`
`
`
`
`
`
`U.S. Mail, postage prepaid
`Hand Delivery
`Email
`
`John A Cullis: jcullis@reedsmith.com
`Reed Smith LLP
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Betsy P. Bengtson
`for Holland & Hart LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`9800588_1
`
`
`
`3
`
`

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