`
`ESTTA Tracking number:
`
`ESTTA895441
`
`Filing date:
`
`05/09/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91226605
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Duke's Brewhouse, Inc.
`
`MINDI M RICHTER
`SHUMAKER LOOP & KENDRICK LLP
`101 E KENNEDY BLVD STE 2800
`TAMPA, FL 33602
`UNITED STATES
`Email: mrichter@slk-law.com
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Other Motions/Papers
`
`Mindi M. Richter
`
`mrichter@slk-law.com
`
`/Mindi M. Richter/
`
`05/09/2018
`
`Attachments
`
`Joint_Motion_to_Amend_and_Withdrawal.pdf(7010 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`DUKE UNIVERSITY,
`
`Plaintiff,
`
`vs.
`
`
`
`Opposition No. 91226605
`
`DUKE’S BREWHOUSE, INC.,
`
`
`
`Defendant.
`
`
`
`Ser. No. 86/590,454
`Mark: DUKE’S BREWHOUSE
`
`Ser. No. 86/590,453
`DUKE’S BREWHOUSE WINGS SPORTS
`SPIRITS (and design)
`
`_______________________________________/
`
`JOINT MOTION TO AMEND ONE SUBJECT APPLICATION, WITHDRAWAL ONE
`SUBJECT APPLICATION AND WITHDRAWAL OPPOSITION
`
`The parties, by and through their undersigned attorneys, hereby jointly move for the
`
`following pursuant to Section 600 of the Trademark Trial and Appeal Board Manual of
`
`Procedure:
`
`1.
`
`2.
`
`On May 4, 2018, the parties reached a settlement in this proceeding.
`
`Pursuant to that settlement, and conditioned upon the below requested withdrawal
`
`of this proceeding, Defendant Duke’s Brewhouse, Inc. agrees to expressly abandon Serial
`
`Number 86/590,454.
`
`3.
`
`In addition, Defendant requests the Board to amend the services of Serial Number
`
`86/590,453 in the following manner and move the application on to registration:
`
`Class 43: restaurant and bar services, with such services excluding services
`provided at collegiate sporting events, universities, and medical facilities.
`
`
`
`4.
`
`Duke University consents to the foregoing abandonment and amendment. In
`
`addition, effective upon abandonment of application Serial Number 86/590,454 and entry of the
`
`requested amendment in Serial Number 86/590,453, Plaintiff Duke University withdraws this
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`Opposition Proceeding No. 91226605 involving Serial Numbers 86/590,454 and 86/590,453
`
`without prejudice.
`
`Based on the foregoing, the parties jointly and respectfully request that the abandonment
`
`and amendment be entered and that Opposition Proceeding No. 91226605 be withdrawn without
`
`prejudice and that this proceeding be concluded.
`
`This the 9th day of May 2018.
`
`
`/s/ Mindi M. Richter
`Mindi M. Richter, Esquire
`Shumaker, Loop & Kendrick, LLP
`101 East Kennedy Boulevard
`Suite 2800
`Tampa, Florida 33602
`Telephone: (813) 229-7600
`
`Attorneys for Defendant, Duke’s Brewhouse, Inc.
`
`
`/s/ David McKenzie
`Susan Freya Olive, Esquire
`David McKenzie, Esquire
`Olive & Olive PA
`PO Box 2049
`Durham, North Carolina 27702
`Telephone: (919) 683-5514
`
`Attorneys for Plaintiff, Duke University
`
`
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