Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA896211
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`Filing date:
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`05/11/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding
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`91240679
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`Party
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`Correspondence
`Address
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`Defendant
`McClintock, Lashakenya G, Antonio Jamaal McClintock
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`MCCLINTOCK, LASHAKENYA G
`MCCLINTOCK, LASHAKENYA G
`121 FAIRVIEW PLACE
`GREER, SC 29651
`Email: GMcCarroll9@gmail.com, TSCreations2@gmail.com
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`Submission
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`Filer's Name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Withdrawal Of Application
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`Lashakenya G McClintock
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`GMcCarroll9@gmail.com
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`/Lashakenya G McClintock/
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`05/11/2018
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`Settlement Agreement. LGMcClintock.pdf(912867 bytes )
`USPTO TTAB. LGMcClintock.pdf(285395 bytes )
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`

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`Settlement Agreement
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`This Agreement, effective on the last signature date by the parties set forth below, is entered into
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`by and between Duke University, a non—profit North Carolina corporation having an address at 310
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`Blackwell Street, 4‘1‘ Floor, Office of Counsel, Durham, North Carolina 27701, and Lashakenya Georgia
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`McClintock and Antonio Jamaal McClintock, individuals having an address at 121 Fairview Avenue,
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`Greer, South Carolina (hereinafter, “The Applicants”). Duke University and The Applicants are
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`referenced herein collectively as the “Parties.”
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`WHEREAS, The Applicants have applied to register two design marks, SOPl-IYA DUKE
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`RADIO DIVA ON THE MIC and SOPHYA DUKE NETWORK (hereinafter, the “Subject Marks”)
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`identified by US. Trademark Application Serial Nos. 87201584 and 87202997.
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`WHEREAS, Duke (including the Duke University Health System and all other affiliated entities
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`owned or controlled by Duke University) (collectively “Duke”) has expressed concerns regarding
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`potential confusion and filed Opposition No. 91240679 at the Trademark Trial Appeal Board on April
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`16, 2018.
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`WHEREAS, the Parties wish to avoid confusion and resolve Opposition No. 91240679,
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`NOW therefore, in consideration of the mutual promises set forth herein and for other good and
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`valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties have
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`agreed as follows:
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`1. Duke’s Obligations
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`a. Duke shall consent in writing to The Applicants’ withdrawal and express abandonment of the
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`Subject Marks, with prejudice.
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`b. Duke will not object to The Applicants adopting the below pictured new marks, or other
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`marks that are substantially similar to the below—pictured new marks, so long as none of the
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`new marks incorporate either the term “DUKE” or three successive letters thereof (e.g.
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`“DUK” or “UKE”) or generate likelihood of confusion with another mark incorporating the
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`term DUKE (hereinafter, “New Marks”).
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` SD
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`NETWORK
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`--
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`0))
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`RA D 10
`U
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`2. The Applicants” Obligations
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`3. Prior to May 26, 2018, The Applicants will withdraw and expressly abandon United States
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`Trademark Application Serial Number 87202997 by filing the Motion to Abandon that is
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`attached to this Agreement as Exhibit A. Prior to May 26, 2018, Applicants will also file an
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`express abandonment of United States Trademark Application Serial 87201584.
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`b. Prior to January l, 2019, The Applicants will cease all use of the “DUKE” element of the
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`marks that are the subject of United States Trademark Applications Serial Numbers
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`87201584 and 87202997. During the period from the date of execution of this Agreement
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`through December 31, 2018 (the “Selloff Period”), The Applicants may continue to use the
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`Subject Marks provided they comply in all respects with the provisions of this Agreement,
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`c. Notwithstanding the above, nothing herein shall be constmed to limit in any way The
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`Applicants’ continued rights to use, apply for, and protect all aspects of the Subject Marks
`aside from the “DUKE” element thereof.
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`3. The Applicants will not create confiision between the Subject Marks or the New Marks and Duke’s
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`existing marks (including Duke’s registered and common law D marks, DUKE, and Devil marks).
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`4. Except as permitted during the Selloff Period, the Applicants will not use the consecutive letters
`“DUKE” or “UKE”.
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`5. The Applicants will not highlight or emphasize the consecutive letters “DUKE” when using the text
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`that appears in the Subject Marks.
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`6. The Applicants will not use the Subject Marks or the New rMarks in any way that creates the
`impression that they are a reference to Duke.
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`7. The Applicants will not advertise, market, or cause others to believe that the Subject Marks or the
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`New Marks represent, signify, andior are connected to Duke.
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`8. The Applicants will not use the Subject Marks or the New Marks in connection with advertising that
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`specifically targets Duke students, alumni, or employees, such as purchasing an email list from a
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`supplier who offers it as a source for communication with Duke alumni, students, or employees, or
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`offering special diseounts to Duke alumni, students, or employees on account of their affiliation or
`connection with Duke.
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`9, The Applicants will not use or authorize others to use fonts, images, or terms which are associated
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`with Duke in connection with the Subject Marks or the New Marks nor display the Subject Marks or
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`the New Marks on advertising or other materials, in any medium, in such a way as to indicate to the
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`consuming public that their goods or are associated with, endorsed by, or affiliated with Duke.
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`10. The Applicants will not use nor authorize others to use, in connection with the Subject Marks or the
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`New Marks, any of the following:
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`a. gothic, medieval, or athletic style lettering, or a design similar to Duke’s Iron Duke D, or
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`other of Duke’s D Marks (exemplars of such fonts and designs being set forth hereafter):
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`Exam less of Duke’s D and Fonts
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`.
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`tilt
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`_
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`BIi'DII Ilé
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`as exam lifted b ' thefollowln neuesclushre exam lesz'
`(I variants oI thesel osthatinm ' ornte additional do
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`Milt) %
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`b.
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`images of devils or devil indicia (“devil indicia” is intended to encompass items and images
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`associated with devils, including tridents, pitchforks, devil tails, horns, devil body parts, and
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`the like);
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`c.
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`any of the following terms, whether in plural or singular form or in a close variant thereof:
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`BLUE, BLUE DEVIL, DUKE (except as permitted during the Selloff Period), IRON DUKE,
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`BASKETBALL, FOOTBALL, CAMERON, CRAZIES, WADE WACKO, COACH K,
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`COACH 1K, or UNIVERSITY; and
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`(1. other images associated with Duke or likely to conjure up an association with Duke,
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`including images of collegiate athletes engaged in one or more of the sports sanctioned by
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`the NCAA, the stadiums in which such events are held, or the goods typically associated
`therewith.
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`ii.
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`i2.
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`l3.
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`14.
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`The Applicants will not use Duke Blue, defined for these purposes as shades of blue encompassing
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`royal blue to dark blue and those comprising Pantone shades 280—282 and 286—289 and close
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`variants thereof, as the color of the Subject Marks or the New Marks or their immediate background,
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`nor will The Applicants otherwise use blue in connection with the Subject Marks or the New Marks
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`in a manner that suggests an association with Duke or is likely to cause confusion with Duke.
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`In the event actual confusion should occur with respect to the Subject Mark or the New Marks and
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`Duke’s Marks, despite The Applicants’ use of the Subject Marks and the New Marks in accordance
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`with the terms of this Agreement, The Applicants will work cooperatively with Duke to mitigate any
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`past confusion and prevent it from occurring in the future.
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`The Applicants will not use any registration of the New Marks to challenge, directly or indirectly,
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`the registration, renewal, or use of any marks by Duke. Should the New Marks ever be cited by the
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`Trademark Office as a barrier to registration or renewal of one of Duke’s marks or by an opposing
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`party in connection with an Opposition, Cancellation, or civil suit, then The Applicants will work
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`with counsel for Duke to provide any needed affidavits or testimony truthfully supportive of Duke’s
`posrtion.
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`This Agreement may be executed by original signature or digitally, by affixation of a copy of a
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`signature, or by another form of electronic signature, any and all of which will be deemed an original
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`signature. A copy of this Agreement transmitted by facsimile or in an attachment to an electronic
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`communication shall be treated and considered as an original for all purposes.
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`[SIGNATURE PAGE TO FOLLOW]
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`3
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`

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`The undersigned executing this Agreement warrants that the undersigned is authorized to do so; and
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`that the undersigned has read, understands, and agrees on behalf of The Applicants to the terms set
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`out above. The undersigned further warrants that the signature below, whether (mixed in inlc or
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`electronically or by other means,
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`is the undersigned ’s own signature and is adopted as the
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`undersigned ’s own signature on behalf of The Applicants. The undersigned authorizes the parties to
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`rely on a digital copy of this Agreement and signature as an original thereof
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`Lashakeny G. McClintock
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` Antonio J. Mc
`intock
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`Signature:
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`'
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`9
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`Printed Name: Rn "‘c 0 mo 3 . mint '. “-3 QC L
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`Title: Gm UCA 1'3an
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`Date: motj I"\-\\-\ I 3013
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`Based on The Applicants’ agreement to and compliance with the foregoing, Duke University, by its
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`authorized signature below, agrees to the terms laid out above.
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`DUKE UNIVERSITY
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`Signature:
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`Printed Name:
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`
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`Title:
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`Date:
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`

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`EXHIBIT A
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Before the Trademark Trial and Appeal Board
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`IN THE MATTER OF Trademark Application of Lashakenya G. MeCiintock and Antonio Jainaai
`McCiintock
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`For Registration of SOPHYA DUKE NETWORK design, Serial No. 87202997
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`Duke University,
`Plaintiff—Opposer
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`vs .
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`
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`Lashakenya G. McCiintock and Antonio
`Jamaal McClintock,
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`Defendant—Applicant
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`Opposition No. 91240679
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`APPLICANTS’ MOTION TO WITHDRAW AND TO ABANDON APPLICATION
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`WITH CONSENT OF OPPOSER
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`
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`Pursuant to the Settlement Agreement between the parties, Applicants, Lashakenya G.
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`McCiintock and Antonio Jamaal McClintock, hereby expressly withdraws and abandons U.S.
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`Trademark Application No. 87202997 with prejudice.
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`Applicant has secured the written consent of Opposer Duke University, as evidenced by the
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`signature of Opposer’s attorney below, pursuant to 37 C.F.R. §2.135.
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`Contingent upon the abandonment of US. Trademark Application No. 87202997, Duke
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`University aiso withdraws Opposition 91240679 without prejudice.
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`

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`WHEREFORE, Applicants Lashakenya G. McClintock and Antonio Jamaal McClintoek and
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`Duke University request that the application above be abandoned.
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`Respectfully submitted,
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`Date.
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`I?
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`Lashakenya G. McClintock and Antonio Jamaal MoClintock
`Applicants
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`Lashake ya G. MCC intoek
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`Date: May 2, 2018
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`I
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`E.
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`.1
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`Antonio Ja
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`al McClintoek
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`Duke University
`Opposer
`By its attorneys
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`/Brian J. Crews/
`Brian J. Crews
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`Susan Freya Olive
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`Oliver & Olive, RA.
`P. O. Box 2049
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`Durham, North Carolina 27702
`emailboxTTAB@oliveandolive.com
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`

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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a true copy of the foregoing document, together with any and all
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`attachments thereto, is served upon Opposer’s counsel via email to the following email addresses:
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`berews a)oliveandolive.com
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`solive@oliveandolive.corn
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`emailboxTTAB@oliveandolive.com
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`on this theii day ofMay 2018.
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`
`
`. W a
`Antonio Jam McClintock
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`

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`
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Before the Trademark Trial and Appeai Board
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`IN THE MATTER OF Trademark Application of Lashakenya G. McClintock and Antonio Jamaal
`McClintock
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`For Registration of SOPHYA DUKE NETWORK design, Serial No. 87202997
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`Duke University,
`PEaintiff—Opposer
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`vs
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`Lashakenya G. McClintock and Antonio
`Jamaal McClintock,
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`Defendant—Applicant
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`Opposition No. 91240679
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`APPLICANTS” MOTION TO WITHDRAW AND TO ABANDON APPLICATION
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`WITH CONSENT OF OPPOSER
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`Pursuant to the Settlement Agreement between the parties, Applicants, Lashakenya G.
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`McCEintock and Antonio Jamaal McClintock, hereby expressly withdraws and abandons U.S.
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`Trademark Application No. 87202997 with prejudice.
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`Applicant has secured the written consent of Opposer Duke University, as evidenced by
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`the signature of Opposer’s attorney below, pursuant to 37 CPR. §2.l35.
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`Contingent upon the abandonment of US. Trademark Application No. 87202997, Duke
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`University also withdraws Opposition 91240679 without prejudice.
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`

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`Wl-IEREFORE, Applicants Lashakenya G. McClintoclt and Antonio Jamaal McClintock
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`and Dulce University request that the application above be abandoned.
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`Respectfully submitted,
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`Lashalceuya G. MeClintoth and Antonio Jamaal
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`Dat '
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`McClintock
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`_
`,
`I' "
`Antonio Jam?! McCliniock
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`__M
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`_._'-H_
`'
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`Date: May 2, 2018
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`Dulce University
`Opposer
`By its attorneys
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`3m E. flewa/ 7
`Brian J. Crews
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`_
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`Susan Freya Olive
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`Oliver & Olive, PA.
`P. 0.130): 2049
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`Durham, North Carolina 27702
`emailboxTTAB@oliveandolivecom
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`

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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a true copy of the foregoing document, together with any
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`and all attachments thereto, is sewed upon Opposer’s counsel Via email to the following email
`addresses:
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`bcrewsgtgoliveandolive.com
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`solivegwoliveandolivecom
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`emailboxTTABgfboliveandolive.com
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`on this thefi day ofMay 2018.
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`
`
`
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`L shakenya G.
`Clintock
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`
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`Antonio Jamaal McClintock
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`