Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA777870
`
`Filing date:
`
`10/19/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`91224832
`
`Defendant
`Chief
`
`CHRISTINA M GAGNIER
`GAGNIER MARGOSSIAN LLP
`224 TOWNSEND ST
`SAN FRANCISCO, CA 94107-1721
`UNITED STATES
`gagnier@gamallp.com
`
`Motion to Dismiss 2.132
`
`Stephanie Margossian
`
`margossian@gamallp.com
`
`/Stephanie Margossian/
`
`10/19/2016
`
`Chief Motion for Judgment Under 37 CFR 2.132.pdf(373586 bytes )
`37 CFR 2.132 Motion - Gagnier Declaration .pdf(286269 bytes )
`MTD Exhibit A.pdf(1473529 bytes )
`Exhibit B.pdf(451044 bytes )
`Exhibit C.pdf(1283025 bytes )
`37 CFR 2.132 Motion - Margossian Declaration.pdf(283146 bytes )
`Chief Motion 37 CFR 2.132 Certificate of Service.pdf(102701 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA777870
`
`Filing date:
`
`10/19/2016
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`91224832
`
`Defendant
`Chief
`
`CHRISTINA M GAGNIER
`GAGNIER MARGOSSIAN LLP
`224 TOWNSEND ST
`SAN FRANCISCO, CA 94107-1721
`UNITED STATES
`gagnier@gamallp.com
`
`Motion to Dismiss 2.132
`
`Stephanie Margossian
`
`margossian@gamallp.com
`
`/Stephanie Margossian/
`
`10/19/2016
`
`Chief Motion for Judgment Under 37 CFR 2.132.pdf(373586 bytes )
`37 CFR 2.132 Motion - Gagnier Declaration .pdf(286269 bytes )
`MTD Exhibit A.pdf(1473529 bytes )
`Exhibit B.pdf(451044 bytes )
`Exhibit C.pdf(1283025 bytes )
`37 CFR 2.132 Motion - Margossian Declaration.pdf(283146 bytes )
`Chief Motion 37 CFR 2.132 Certificate of Service.pdf(102701 bytes )
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 86539709 and 86539648
`Filed on February 19, 2015
`For the marks BE BRAVE and CHIEF BE BRAVE
`Published in the Official Gazette on July 14, 2015
`
`
`__________________________________________
`
`
`
`
`
`
`
`)
`SCOUT MARKETING, INC.,
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`Opposer,
`
`
`
`)
`
`
`
`
`
`
`
`)
`)
`
`
`
`
`
`
`
`v.
`)
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`CHIEF, INC.,
`
`
`
`
`)
`
`
`
`
`
`
`
`)
` )
` Applicant.
`
`
`
`)
`__________________________________________)
`
`
`Opposition No.’s 91224831 and
`91224832
`
`APPLICANT’S MOTION FOR
`JUDGMENT UNDER
`37 C.F.R § 2.132(a)
`
`
`
`
`
`
`
`
`
`
`
`
`
`APPLICANT’S MOTION FOR JUDGMENT UNDER 37 C.F.R § 2.132(a)
`
`Pursuant to Trademark Rule 2.132(a), Applicant, Chief, Inc. (“Applicant”) moves for
`
`Judgment on the grounds that Opposer, Scout Marketing, Inc. (“Opposer”), has failed to
`
`prosecute. Opposer has failed to take any testimony in this matter and has failed to enter any
`
`evidence in support of its Opposition. The time for Opposer to do so has expired.
`
`STATEMENT OF FACTS
`
`On November 12, 2015, Opposer filed its Notices of Opposition Nos. 91224831 and
`
`91224832 for Application Nos. 86539709 and 86539648. The Trademark Trial and Appeal
`
`Board (“TTAB”)
`
`immediately set a Case Schedule for
`
`this matter, which provided that
`
`Applicant’s Answer was due on December 21, 2015; a Discovery Conference was to be had no
`
`
`
`1
`
`
`
`
`
`later than January 21, 2016; Initial Disclosures were due February 20, 2016; Expert Disclosures
`
`were due June 19, 2016; Discovery closed July 19, 2016; Plaintiff’s Pretrial Disclosures were
`
`due September 2, 2016; and Plaintiff’s 30-day trial period ended on October 17, 2016. Applicant
`
`filed its Answer on December 21, 2015. Pursuant to the Case Schedule, a Discovery Conference
`
`was held between the parties.
`
`Since the outset of the proceeding, Opposer has failed to meet the deadlines set out by the
`
`Case Schedule. Opposer served its Initial Disclosures upon the Applicant on February 24, 2016.
`
`See Declaration of Christina Gagnier (“Gagnier Decl.”), Exhibit A. Thereafter, Opposer served
`
`Expert Disclosures upon Applicant on June 20, 2016. See Gagnier Decl., Exhibit B.
`
`The parties have exchanged discovery in this matter, however, the Opposer consistently
`
`disregarded discovery deadlines. See Declaration of Stephanie Margossian (“Margossian Decl.”)
`
`Despite Discovery closing on July 19, 2016 per the Case Schedule, Opposer continued to serve
`
`documents upon the Applicant up to July 27, 2016. See Margossian Decl. Applicant determined
`
`that documents provided by Opposer in discovery were insufficient to allow Applicant to
`
`adequately prepare for trial, prompting Applicant to file a Motion to Compel Discovery on
`
`September 17, 2016. See Margossian Decl., DE 10. As of this date, the TTAB has not ruled on
`
`the Applicant’s Motion to Compel Discovery.
`
`On September 14, 2016, Opposer filed a Motion to Consolidate the above named
`
`Opposition proceedings. See DE 5. Applicant timely responded to Opposer’s Motion to
`
`Consolidate on September 29, 2016. See DE 13. The TTAB has not yet ruled on the Opposer’s
`
`Motion to Consolidate.
`
`On September 16, 2016, Opposer filed its Motion for Summary Judgment. See DE 8 and
`
`9. Applicant then filed a Motion for Rule 56(D) Discovery on September 23, 2016. See DE 12.
`
`
`
`2
`
`
`
`
`
`As of the date of this Motion, the TTAB has not yet issued an Order suspending these
`
`proceedings. The TTAB has also not yet ruled on these motions.
`
`On September 2, 2016, Opposer served upon Applicant its Pretrial Disclosures. See
`
`Gagnier Decl., Exhibit C. Opposer’s Pretrial Declarations stated that Opposer intended to take
`
`the testimony of four witnesses and enter a number of exhibits into evidence. Id. Although the
`
`Opposer’s Trial Period ended on October 17, 2016, as of the date of this Motion, Opposer has
`
`failed to enter testimony from any witnesses or enter any exhibits as evidence. See Gagnier Decl.
`
`ARGUMENT
`
`
`
`Trademark Rule 2.132(a) provides that a party may obtain an involuntary dismissal for
`
`failure of the party in position of Plaintiff to take any testimony or offer any other evidence. See
`
`37 C.F.R. § 2.132(a). Despite representing in its September 2, 2016 Pretrial Disclosures that
`
`Opposer would be taking testimony of four witnesses, as of this date Applicant has not received
`
`notice of depositions of any of the four listed witnesses, nor has Opposer submitted testimony of
`
`these witnesses into evidence. See Gagnier Decl., Exhibit C. In addition, Opposer represented in
`
`its September 2, 2016 Pretrial Disclosures that it would be presenting a number of exhibits. See
`
`Id. As of this date, Opposer has not submitted any exhibits into evidence. See Gagnier Decl.
`
`
`
`Although Opposer filed a Motion for Summary Judgment in this proceeding, the TTAB
`
`has not issued an order suspending the proceedings. The Motion for Summary Judgment does
`
`not automatically suspend the proceedings. Rather, only an order of the TTAB can formally
`
`suspend the proceedings. See TBMP § 528.03; See also Super Bakery Inc. v. Benedict
`
`96USPQ.2d 1134 (Trademark Tr. & App. Bd. September 16, 2010). Without an order from the
`
`TTAB formally suspending the proceedings, all case deadlines continue to run. See TBMP §
`
`5.103(a). Since the TTAB has not issued an order formally suspending the proceedings in this
`
`
`
`3
`
`
`
`
`
`matter the parties are required to continue to abide by the Case Schedule, and Opposer was
`
`required to submit all trial evidence by October 17, 2016. See DE 2.
`
`
`
`Opposer has failed to submit any evidence or testimony within its designated trial period.
`
`Therefore, it has failed to prosecute this matter, and it is appropriate that Applicant now move for
`
`Judgment under Trademark Rule 2.132(a). See Hewlett-Packard Co. v. Olympus Corp. 931 F.2d
`
`1551, 153 (Fed. Cir. 1991).
`
`
`
`Trademark Rule 2.132(a) states that a motion for Judgment should be filed before the
`
`opening of the moving party’s testimony period. 37 C.F.R. § 2132(a). Applicant’s testimony
`
`period commences on November 16, 2016. As such, Applicant’s motion is timely.
`
`
`
`Applicant is ready to begin its trial period and to defend its marks. Although Opposer
`
`brought these actions, it has demonstrated its unwillingness or reluctance to see their prosecution
`
`through by consistently failing to adhere to case deadlines. Opposer’s failure to submit evidence
`
`or testimony of any kind during its designated trial period is also indicative of its unwillingness
`
`to prosecute these matters. Opposer’s Motion for Summary Judgment did not automatically
`
`suspend these proceedings. If Opposer were serious about prosecuting these matters, it would
`
`have taken note that an Order to Suspend had not been issued, and would have taken steps to
`
`submit evidence or testimony during its trial period.
`
`Trademark Rule 2.132(a) relieves the Applicant from the burden of having to incur the
`
`expense and time of a trial where an Opposer has failed to prosecute its case. As Opposer has
`
`presented no record of evidence or testimony establishing its case, it has shown no right to relief.
`
`Accordingly, Applicant moves for Judgment under 37 C.F.R. § 2.132(a).
`
`
`
`
`
`
`
`4
`
`
`
`Respectfully submitted,
`
`/s/ Christina M. Gagnier
`
`Christina M. Gagnier
`Gagnier Margossian LLP
`224 Townsend Street
`San Francisco, CA 94107
`Tel: 415.795.1572
`gagnier@gamallp.com
`
`Attorney for Applicant,
`Chief
`
`
`5
`
`
`
`Dated: October 19, 2016
`
`
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No.’s 86539709 and 86539648
`Filed on February 19, 2015
`For the mark BE BRAVE and CHIEF BE BRAVE
`Published in the Official Gazette on July 14, 2015
`
`Opposition No’s. 91224831
`and 91224832
`
`
`__________________________________________
`
`
`
`
`
`
`
`)
`SCOUT MARKETING, INC.,
`
`
`)
`
`
`
`
`
`
`
`)
`
`
`Opposer,
`
`
`
`)
`
`
`
`
`
`
`
`)
`DECLARATION OF
` ) CHRISTINA GAGNIER
`IN SUPPORT OF APPLICANT’S
`v.
`)
`
`
`
`
`
`
`
`
`
`
`
`
`
`)
`MOTION FOR JUDGMENT
` ) UNDER 37 C.F.R § 2.132(a)
`CHIEF, INC.,
`
`
`
`
`)
`
`
`
`
`
`
`
`
`)
`
` )
`
` Applicant.
`
`
`
`)
`__________________________________________)
`
`
`
`
`
`
`
`I, Christina Gagnier, declare and state as follows:
`
`
`
`
`
`1.
`
`I am an attorney duly licensed in the State of California. I am counsel to applicant
`
`CHIEF (“Applicant”) in this matter, have personal knowledge of the facts herein, and could and
`
`would testify competently thereto.
`
`2.
`
`SCOUT, INC. (“Opposer”) has consistently failed to meet deadlines set out by the
`
`Case Schedule in these proceedings.
`
`3.
`
`Despite the Case Schedule setting a due date of February 20, 2016 for Initia l
`
`Disclosures, Opposer did not serve its Initial Disclosures upon the Applicant until February 24,
`
`2016. A true and correct copy of Opposer’s Initial Disclosures are attached hereto as Exhibit A.
`
`4.
`
`Despite the Case Schedule setting a due date of June 19, 2016 for Expert
`
`
`
`
`
`
`
`Disclosures, Opposer did not serve its Expert Disclosures upon the Applicant until June 20, 2016.
`
`A true and correct copy of Opposer’s Expert Disclosures are attached hereto as Exhibit B.
`
`5.
`
`On September 2, 2016, Opposer served on Applicant its Pretrial Disclosures as
`
`required by the Case Schedule. Opposer’s Pretrial Disclosures stated that Opposer intended to take
`
`testimony from four witnesses and to submit several exhibits into evidence during its 30-Day Trial
`
`Period. A true and correct copy of Opposer’s Pretrial Disclosures are attached hereto as Exhibit
`
`C.
`
`6.
`
`The Case Schedule states that Opposer’s 30-Day Trial Period closed on October
`
`17, 2016. As of the date of this motion, Applicant has not received any notice that Opposer was
`
`taking testimony from any of the four witnesses listed in its Pretrial Disclosures. Opposer has also
`
`neglected to submit any testimony or exhibits of any kind into evidence.
`
`7.
`
`On September 16, 2016, Opposer filed a Motion for Summary Judgment in these
`
`proceedings. On September 23, 2016, Applicant filed a Motion for Rule 56(d) discovery. As of
`
`this date, the Trademark Trial and Appeals Board has not issued an order suspending these
`
`proceedings due to these motions.
`
`
`
`
`
`Executed this 19th day of October 2016 at San Francisco, California.
`
`/s/ Christina M. Gagnier
`
`Dated: October 19, 2016
`
`Christina M. Gagnier
`Gagnier Margossian LLP
`224 Townsend Street
`San Francisco, CA 94107
`Tel: 415.795.1572
`gagnier@gamallp.com
`
`
`Attorney for Applicant,
`Chief
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEL‘IARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91224831
`
`Mark: BE BRAVE
`
`) )
`
`) )
`
`) )
`
`)
`
`) )
`
`)
`
`SCOUT MARKETING, INC,
`
`Gpposer,
`
`v.
`
`{Iii-JEF.
`
`.Apgeiicant.
`
`OPPQSER’S INITIAL DISCLOSQRES
`
`Pursuant to Federal Rule of Civil Procedure 26(a)(l) and Trademark Rule 2.120(a)(1),
`
`appease; Scout Marketing Inc. (“Opposer”) hereby serves the following Initial Disclosures en
`
`"'71-.- t1;
`-".. .....r. 21"Applicant”).
`
`I.
`
`GENERAL STATEMENT
`
`Opposer has not completed its investigation of the facts relating to this case, and has not
`
`stimulated its preparation for trial. The following disclosures are based upon information
`
`__:'.-—...::"—a-':i}-' available to the Opposer, and are made without prejudice to the right to utilize
`
`snimquently discovered facts, witnesses, documents,
`
`things or legal arguments. Opposer
`
`specifically reserves the right to supplement these disclosures if and to the extent required or
`
`pennirted if necessary under the Federal Rules of Civil Procedure and the Trademark Rules.
`
`II.
`
`INITIAL DI§CLOSURES
`
`(A)(i) Based on the investigation conducted to date, Opposer’s preliminary identification of
`
`individuals likely to have discoverable information that Opposer may use to support its claims is
`
`provided below. Any efforts to contact a current or former employee of Opposer should be made
`
`
`
`
`
`through Opposer’s counsel at the first address provided in the signature block at the end of these
`
`disclosures.
`
`0
`
`Jennifer Brekke is the CEO for and a Principal in Opposer, was involved in the formation
`
`and launch of the Opposer’s Scout marketing business, is knowledgeable regarding the
`
`Opposer’s SCOUT BE BRAVE trademark, and is involved in the management and
`
`operations of the business.
`
`0 Bob Costanza is the Executive Creative Director for and a Principal in Opposer, was
`
`involved in the formation and launch of the Opposer’s Scout marketing business, is
`
`knowledgeable regarding the Opposer’s SCOUT BE BRAVE trademark, and is involved
`
`in the management and operations of the business.
`
`0 Witnesses identified by any other party.
`
`0 Expert witnesses as subsequently identified by any party in accordance with Federal
`
`Rules of Civil Procedure and the Trademark Rules.
`
`(A)(ii) Opposer has within its possession, custody, or controls a copy of, or a description by
`
`category and location of, all documents, electronically stored information, and tangible things
`related to the following categories which the disclosing party may use to support its claims or
`
`defenses, to-wit:
`
`1. Documents relating to Opposer‘s trademark application.
`
`2. Documents relating to Opposer’s use of the SCOUT BE BRAVE trademark.
`
`3. Documents relating to Opposer’s operation of its business using the SCOUT BE
`
`BRAVE trademark.
`
`4. Publicly available documents relating to Opposer’s trademark application that is
`
`the subject of this case.
`
`
`
`5. Opposer’s documents are located either at Opposer’s principal place ofbusiness
`
`at 3391 Peachtree Road, Ste. 105, Atlanta, GA 30326, and in some cases copies
`
`are also at the offices of Opposer’s attorneys of record in this case. Opposer will
`
`produce or make available for inspection upon proper request additional
`
`documents supporting its claims to the extent such are identified during discovery.
`
`Opposer may also use documents produced by Applicant to support its claims or
`
`defenses.
`
`(A)(iii) A computation of any category of damages claimed by the disclosing party, making
`
`available for inspection and copying as under Rule 34 the documents or other evidentiary
`
`material, not privileged or protected from disclosure, on which such computation is based,
`
`including materials beating on the nature and extent of injuries suffered.
`
`No damages are available in opposition proceedings and are not at issue in this matter.
`
`(A)(iv) For inspection and copying under Rule 34, any insurance agreement under which any
`
`person carrying on an insurance business may be liable to satisfy part or all of a judgment which
`
`may be entered in the action or to indemnify or reimburse for payments made to satisfy the
`
`judgment.
`
`Applicant has no applicable insurance policy relating to this matter.
`
`Dated: February 24, 2016
`
`Respectfully submitted,
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`
`screasman@tayloreng1ish.com
`Amanda G. Hyland
`ahyland@taylorenglish.com
`Taylor English Duma LLP
`1600 Parkwood Circle, Suite 400
`Atlanta, Georgia 30339
`Phone: 770-434-6868
`
`
`
`Fax: 770-434-4819
`
`Attorneysfor Apph‘cant
`Scout Marketing, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 24, 2016 a true and complete copy of the foregoing
`
`INITIAL DISCLOSURES has been served on Applicant’s correspondent of record by emailing a
`
`copy (by agreement of counsel) to:
`
`Christina M. Gagnier — gagm‘er@gama11p.com
`
`
`/s/ W Scott Creasman
`W. Scott Creasman
`
`Attorneyfor Applicant
`Scout Marketing, Inc.
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Opposition No. 91224832
`
`)
`
`i )
`
`i Mark: CHIEF BE BRAVE
`i
`;
`
`SCOUT MARKETING, INC,
`
`Opposer,
`
`V.
`CHIEF,
`Applicant.
`
`OPPOSER’S INITIAL DISCLOSURES
`
`Pursuant to Federal Rule of Civil Procedure 26(a)(1) and Trademark Rule 2.120(a)(1),
`
`Opposer, Scout Marketing Inc. (“Opposer”) hereby serves the following Initial Disclosures on
`
`Chief. (“Applicant”).
`
`L
`
`GENERAL STATEMENT
`
`Opposer has not completed its investigation of the facts relating to this case, and has not
`
`completed its preparation for trial. The following disclosures are based upon infomation
`
`presently available to the Opposer, and are made Without prejudice to the right to utilize
`
`subsequently discovered facts, witnesses, documents,
`
`things or legal arguments. Opposer
`
`specifically reserves the right to supplement these disclosures if and to the extent required or
`
`permitted if necessary under the Federal Rules of Civil Procedure and the Trademark Rules.
`
`II.
`
`INITIAL DISCLOSURES
`
`(A)(i) Based on the investigation conducted to date, Opposer’s preliminary identification of
`
`individuals likely to have discoverable nifonnation that Opposer may use to support its claims is
`
`
`
`provided below. Any efforts to contact a current or former employee of Opposer should be made
`
`through Opposer’s counsel at the first address provided in the signature block at the end of these
`
`disclosures.
`
`0
`
`Jennifer Brekke is the CEO for and a Principal in Opposer, was involved in the formation
`
`and launch of the Opposer’s marketing business, is knowledgeable regarding the
`
`Opposer’s SCOUT BE BRAVE trademark, and is involved in the management and
`
`operations of the business.
`
`0 Bob Costanza is the Executive Creative Director for and a Principal in Opposer, was
`
`involved in the formation and launch ofthe Opposer’s marketing business, is
`
`knowledgeable regarding the Opposer’s SCOUT BE BRAVE trademark, and is involved
`
`in the management and operations of the business.
`
`I Witnesses identified by any other party.
`
`0 Expert witnesses as subsequently identified by any party in accordance with Federal
`
`Rules of Civil Procedure and the Trademark Rules.
`
`(A)(ii) Opposer has within its possession, custody, or controls a copy of, or a description by
`
`category and location of, all documents, electronically stored infomation, and tangible things
`
`related to the following categories which the disclosing party may use to support its claims or
`
`defenses, to—wit:
`
`1. Documents relating to Opposer’s trademark application
`
`2. Documents relating to Opposer’s use ofthe SCOUT BE BRAVE trademark.
`
`3. Documents relating to Opposer’s operation of its business using the SCOUT BE
`
`BRAVE trademark.
`
`
`
`4. Publicly available documents relating to Opposer’s trademark application that is
`
`the subject of this case.
`
`5. Opposer’s documents are located either at Opposer’s principal place of business
`
`at 3391 Peachtree Road, Ste. 105, Atlanta, GA 30326, and in some cases copies
`
`are also at the offices of Opposer’s attorneys of record in this case. Opposer will
`
`produce or make available for inspection upon proper request additional
`
`documents supporting its claims to the extent such are identified during discovery.
`
`Opposer may also use documents produced by Applicant to support its claims or
`
`defenses.
`
`(A)(iii) A computation of any category of damages claimed by the disclosing party, making
`
`available for inspection and ccpying as under Rule 34 the documents or other evidentiary
`
`material, not privileged or protected from disclosure, on which such computation is based,
`
`including materials bearing on the nature and extent of injuries suffered.
`
`No damages are available in opposition proceedings and are not at issue in this matter.
`
`(A)(iv) For inspection and copying under Rule 34, any insurance agreement under which any
`
`person carrying on an insurance business may be liable to satisfy part or all of a judgment which
`
`may be entered in the action or to indenmify or reimburse for payments made to satisfy the
`
`judgment.
`
`Applicant has no applicable insurance policy relating to this matter.
`
`Dated: February 24, 2016
`
`'
`
`Respectfully submitted,
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`
`screasman@taylorenglish.com
`Amanda G. Hyland
`ahyland@taylorenglish.com
`
`
`
`Taylor English Dtuna LLP
`1600 Parkwood Circle, Suite 400
`Atlanta, Georgia 30339
`Phone: 770-434-6868
`Fax: 770-434-4819
`
`Attorneysfor Applicant
`Scout Marketing, Inc.
`
`
`
`W
`
`I hereby certify that on February 24, 2016 a true and complete copy of the foregoing
`
`INITIAL DISCLOSURES has been served on Applicant’s correspondent of record by emailing a
`
`copy (by agreement of counsel) to:
`
`Christina M. Gagnier — gagnier@gamallp.com
`
`/s/ W. chgt Creasmazg
`W. Scott Creasman
`
`Attorneyfor Applicant
`Scout Marketing, Inc.
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`SCOUT MARKETING, INC.,
`
`Opposer,
`
`
`v.
`
`
`CHIEF,
`
`Applicant.
`
`)
`)
`)
`) Opposition No. 91224832
`)
`In re Application No. 86/539,648
`) Mark: CHIEF BE BRAVE
`)
`
`)
`
`)
`)
`
`OPPOSER SCOUT MARKETING, INC.’S EXPERT DISCLOSURES
`
`
`
`Opposer Scout Marketing, Inc., for its expert disclosures, states that as of the
`
`
`
`
`
`date hereof it does not intend to offer expert witness testimony in the trial of this case.
`
`
`
`Dated: June 20, 2016
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`screasman@taylorenglish.com
`Amanda G. Hyland
`ahyland@taylorenglish.com
`Taylor English Duma LLP
`1600 Parkwood Circle, Suite 400
`Atlanta, Georgia 30339
`Phone: 770-434-6868
`Fax: 770-434-4819
`
`Attorneys for Opposer Scout Marketing, Inc.
`
`{00759774.DOCX / }
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 20, 2016 a true and complete copy of the foregoing
`
`OPPOSER SCOUT MARKETING, INC.’S EXPERT DISCLOSURES Opposer Scout
`
`Marketing, Inc.’s Expert Disclosures has been served on Applicant’s counsel of record by
`
`electronic mail to:
`
`
`
`
`
`
`
`Christina Gagnier - gagnier@gamallp.com
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`Attorney for Opposer Scout Marketing, Inc.
`
`{00759774.DOCX / }
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`SCOUT MARKETING, INC.,
`
`Opposer,
`
`
`v.
`
`
`CHIEF,
`
`Applicant.
`
`)
`)
`)
`) Opposition No. 91224831
`)
`In re Application No. 86/539,709
`) Mark: BE BRAVE
`)
`
`)
`
`)
`)
`
`OPPOSER SCOUT MARKETING, INC.’S EXPERT DISCLOSURES
`
`
`
`Opposer Scout Marketing, Inc., for its expert disclosures, states that as of the
`
`
`
`
`
`date hereof it does not intend to offer expert witness testimony in the trial of this case.
`
`
`
`Dated: June 20, 2016
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`screasman@taylorenglish.com
`Amanda G. Hyland
`ahyland@taylorenglish.com
`Taylor English Duma LLP
`1600 Parkwood Circle, Suite 400
`Atlanta, Georgia 30339
`Phone: 770-434-6868
`Fax: 770-434-4819
`
`Attorneys for Opposer Scout Marketing, Inc.
`
`{00759492.DOCX / }
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 20, 2016 a true and complete copy of the foregoing
`
`OPPOSER SCOUT MARKETING, INC.’S EXPERT DISCLOSURES Opposer Scout
`
`Marketing, Inc.’s Expert Disclosures has been served on Applicant’s counsel of record by
`
`electronic mail to:
`
`
`
`
`
`
`
`Christina Gagnier - gagnier@gamallp.com
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`Attorney for Opposer Scout Marketing, Inc.
`
`{00759492.DOCX / }
`
`
`
`EXHIBIT C
`EXHIBIT C
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`) ) ) )
`
`Opposition No. 91224831
`In re Application No. 86539309
`)
`) Mark: BE BRAVE
`
`) ) ) )
`
`SCOUT MARKETING, INC,
`
`Opposer,
`
`v.
`
`CHIEF,
`
`Applicant.
`
`SCOUT MARKETING INC.’S PRETRLAL DISCLOSURES
`'—-'———-——-—1-—-—________________
`
`Scout Marketing, Inc. (“‘Scout” or “()pposer”) in accordance with 37 CFR § 2.121(e) and
`
`the TTAB’S institution order of November 12, 2105, makes Opposer’s Pretrial Disclosures as
`
`follows:
`
`1. WITNESSES
`
`The Opposer intends to take testimony from the following witnesses:
`
`Jennifer Brekke
`
`CEO and Principal
`Scout Marketing, Inc.
`3391 Peachtree Rd NE, Ste. 105
`Atlanta, GA 30326
`404.917.2688
`
`Chad Floyd
`Controller
`
`Scout Marketing, Inc.
`3391 Peachtree Rd NE, Ste. 105
`Atlanta, GA 30326
`404.917.2688
`
`Bob Costanza
`
`Chief Creative Officer and Principal
`Scout Marketing, Inc.
`3391 Peachtnee Rd NE, Ste. 105
`Atlanta, GA 30326
`
`
`
`404.917.2688
`
`Diane Silver
`
`792 Hillpine Dr. NE
`Atlanta, GA 30306
`404-626-4845
`
`Ms. Silver provides public relations services for Opposer.
`
`Opposer reserves the right to call any witnesses listed by the Applicant. Opposer also
`
`reserves the right to call any witnesses necessary to rebut the case presented by the Applicant,
`
`and to reduce or supplement this witness list at any time upon proper notice.
`
`2. AREAS OF WITNESS TESTIMONY
`
`Opposer expects to present testimony concerning:
`
`(a) Opposer’s business, generally;
`
`(b) Opposer’s adoption and use of Opposer BE BRAVE mark, SCOUT BE BRAVE
`
`logo mark, and similar marks (collectively the “Scout Marks”);
`
`(0) Opposer’s Scout Marks;
`
`(d) Opposer’s trademark application for Opposer SCOUT BE BRAVE logo
`
`(6) Opposer’s advertising, promotion and sale of services under the Scout Mark;
`
`(f) the trade channels for Opposer’s services sold under the Scout Marks;
`
`(g) the typical customers and prospective customers for services provided under the
`
`Scout Marks;
`
`(11) the scope and nature of Opposer’s use of the Scout Marks;
`
`(i)
`
`the relationship between Opposer’s services sold under the Scout Marks and the
`
`services sold under Applicant’s mark,
`
`(j) the likelihood of confusion between Opposer’s Scout Marks and Applicant’s
`
`mark; and
`
`
`
`(k) response to testimony or evidence presented by Applicant.
`
`3. EXHIBITS
`
`Opposer expects to present as exhibits including:
`
`(a) marketing and advertising materials showing the Scout Marks;
`
`(b) documents submitted to customers and prospective customers using the Scout
`
`Marks;
`
`(0) documents evidencing Opposer’s use of the Scout Marks prior to the Applicant’s
`
`use of its mark (or any similar mark);
`
`((1) documentation of Opposer’s sales of services under the Scout Marks;
`
`(e) documents showing the relationship between Opposer’s services and Applicant’s
`
`services;
`
`(f) corporate documentation concerning Opposer;
`
`(g) documents showing representative customers for Opposer’s products and services
`
`offered under the Scout Marks;
`
`(h) Applicant’s discovery responses; and
`
`(i) documents responsive to testimony or evidence presented by Applicant.
`
`4. RESERVATION OF RIGHTS
`
`Opposer reserves the right to supplement these Disclosures if necessary,
`
`in accordance
`
`with the Federal Rules of Civil Procedure and the rules of procedures of the TTAB.
`
`Dated: September 2, 2016
`
`/s/ W. Scott Creasman
`W. Scott Creasman
`
`screasman@tayIorenglish.com
`Amanda G. Hyland
`ahyiand@taylorenglish.com
`Taylor English Duma LLP
`1600 Parkwood Circle, Suite 400
`Atlanta, Georgia 30339
`
`
`
`Phone: 770-434-6868
`Fax: 770-434-418 l 9
`
`Attorneysfor Opposer
`Scout Marketing, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 2, 2016 a true and complete copy of the foregoing
`
`Opposer Scout Marketing, Inc.’s Pretrial Disclosures has been served on Applicant’s counsel
`
`of record by electronic mail to:
`
`Christina Gagnier - gagnier@gamallp.com
`
`is/ W. Scott Creasman
`
`W. Scott Creasman
`
`Attorneyfor Opposer
`Scout Marketing, Inc.
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`) )
`
`SCOUT MARKETING, INC.,
`
`) )
`
`Opposition No. 91224832
`In re Application No. 86539,,648
`)
`) Mark: CHIEF BE BRAVE
`)
`
`) )
`
`)
`
`Opposer,
`
`v.
`
`CHIEF,
`
`Applicant.
`
`SCOUT MARKETING, INC.’S PRETRIAL DISCLOSURES
`
`Scout Marketing, Inc. (“Scout” or “Opposer”) in accordance with 37 CFR § 2.121(e) and
`
`the "ITAB’S institution order of November 12, 2105, makes Opposer’s Pretrial Disclosures as
`
`follows:
`
`1. WITNESSES
`
`The Opposer intends to take testimony from the following witnesses:
`
`Jennifer Brekke
`
`CEO and Principal
`Scout Marketing, Inc.
`3391 Peachtrec Rd NE, Ste. 105
`Atlanta, GA 30326
`4049112688
`
`Chad Floyd
`Controller
`
`Scout Marketing, inc.
`3391 Peachtree Rd NE, Ste. 105
`Atlanta, GA 30326
`404.917.2688
`
`Bob Costanza
`
`Chief Creative Officer and Principal
`Scout Marketing, Inc.
`3391 Peachtree Rd NE, Ste. 105
`Atlanta, GA 30326
`
`
`
`404.917.2688
`
`Diane Silver
`
`792 Hillpine Dr. NE
`Atlanta, GA 30306
`404-626-4845
`
`Ms. Silver provides public relations services for Opposer.
`
`Opposer reserves the right to call any witnesses listed by the Applicant. Opposer also
`
`reserves the right to call any witnesses necessary to rebut the case presented by the Applicant,
`
`and to reduce or supplement this witness list at any time upon proper notice.
`
`2. AREAS OF WITNESS TESTIMONY
`
`Opposer expects to present testimony concerning:
`
`(a) Opposer’s business, generally;
`
`(b) Opposer’s adoption and use of Opposer BE BRAVE mark, SCOUT BE BRAVE
`
`logo mark, and similar marks (collectively the “Scout Marks” ;
`
`(c) Opposer’s Scout Marks;
`
`(d) Opposer’s trademark application for Opposer SCOUT BE BRAVE logo
`
`(6) Opposer’s advertising, promotion and sale of services under the Scout Mark;
`
`(f) the trade channels for Opposer’s Services sold under the Scout Marks;
`
`(g) the typical customers and prospective customers for services provided under the
`
`Scout Marks;
`
`(h) the scope and nature of Opposer’s use of the Scout Marks;
`
`(i) the relationship between Opposer’s services sold under the Scout Marks and the
`
`services sold under Applicant’s mark,
`
`0) the likelihood of confusion between Opposer’s Scout Marks and Applicant’s
`
`mark; and
`
`
`
`(k) response to testimony or evidence presented by Applicant.
`
`3. EXHIBITS
`
`Opposer expects to present as exhibits including:
`
`(a) marketing and advertising materials showing the Scout Marks;
`
`(b) documents submitted to customers and prospective customers using the Scout
`
`Marks;
`
`(0) documents evidencing Opposer’s use of the Scout Marks prior to the Applicant’s
`
`use of its mark (or any similar mark);
`
`(d) documentation of Opposer’s sales of services under the Scout Marks;
`
`(e) documents showing the relationship between Opposer’s services and Applicant’s
`
`services;
`
`(f) corporate documentation concerning Opposer;
`
`(g) documents showing representative customers for Opposer’s products and services
`
`offered under the Scout Marks;
`
`(h) Applicant’s discovery responses; and
`
`(i) documents responsive to testimony or evidence presented by Applicant.
`
`4. RESERVATION OF RIGHTS
`
`Opposer reserves the right to supplement these Disclosures if necessary, in accordance
`
`with the Federal Rules of Civil Procedure and the rules of procedures of the TTAB.
`
`Dated: September 2, 2016
`
`/s/ W. Scott Creasman
`
`W. Scott Creasman
`
`screasman@taylorenglish.com
`Amanda G. Hyland
`ahyland@taylorenglish.com
`Taylor English Duma LLP
`1600 Parkwood Circle, Suite 400
`Atlanta, Georgia 30339
`
`
`
`Phone: 770-434-6868
`Fax: 770-434-4819
`
`Attorneysfor Opposer
`Scout Marketing, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 2, 2016 a true and complete copy of the foregoing
`
`Opposer Scout Marketing, Inc.’s Pretrial Disclosures has been served on Applicant’s counsel
`
`of record by electronic mail to:
`
`Christina Gagnier - gagnier@gamallp.com
`
`is/ W. Sco
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
