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`ESTTA Tracking number:
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`ESTTA945518
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`Filing date:
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`01/04/2019
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91243246
`
`Party
`
`Correspondence
`Address
`
`Plaintiff
`BlackBerry Limited
`
`G ROXANNE ELINGS
`DAVIS WRIGHT TREMAINE LLP
`1251 AVENUE OF THE AMERICAS, 21ST FLOOR
`NEW YORK, NY 10020
`UNITED STATES
`roxanneelings@dwt.com, emilyborich@dwt.com, orrinfalby@dwt.com,
`taneishaclarke@dwt.com, blackberry@dwt.com, koriturrubiate@dwt.com, black-
`berryrecords@dwt.com
`212-489-8230
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Motion to Compel Discovery or Disclosure
`
`Emily M. Borich
`
`roxanneelings@dwt.com, emilyborich@dwt.com, orrinfalby@dwt.com, black-
`berry@dwt.com, koriturrubiate@dwt.com, blackberryrecords@dwt.com
`
`Signature
`
`Date
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`/EMB/
`
`01/04/2019
`
`Attachments
`
`Motion_to_Compel_Initial_Disclosures__Black_Cherry_.pdf(205743 bytes )
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 87785877
`Mark: BLACK CHERRY
`Published in the Official Gazette on June 26, 2018
`
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`BlackBerry Limited,
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`Opposer,
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`
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`Opposition No.: 91243246
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`
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`v.
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`Xiamen Intreplus Technology Co., Ltd.,
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Applicant.
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`OPPOSER’S MOTION TO COMPEL APPLICANT’S INITIAL DISCLOSURES
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`In accordance with Rule 37 of the Federal Rules of Civil Procedure and Section 523 of the
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`Trademark Trial and Appeal Board Manual of Procedure, Opposer BlackBerry Limited
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`("Opposer"), by and through its counsel, hereby moves the Trademark Trial and Appeal Board (the
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`"Board") for an order compelling Applicant, Xiamen Intreplus Technology Co., Ltd. (“Applicant”)
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`to serve its Initial Disclosures. No previous request for the relief sought herein has been made.
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`FACTUAL BACKGROUND
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`Opposer commenced this Action on or about August 24, 2018. The Board issued its
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`Institution Order on August 27, 2018 setting the deadline for the parties to serve their Initial
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`Disclosures by November 5, 2018.
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`5
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`On October 10, 2018, Applicant filed what is purported to be an Answer to the Notice of
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`Opposition. However, this pleading is clearly deficient and does not comply with various rules and
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`procedures.
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`The Discovery Conference was set to take place on or before November 5, 2018 and
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`Opposer attempted in good faith to cooperate with Applicant and schedule a Board supervised
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`conference, given the deficiencies in Applicant’s pleading. Applicant, however, has refused to
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`cooperate and participate on the mandatory Discovery Conference. As a result, Opposer timely file
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`a Motion for Sanctions on or about November 26, 2018, which Applicant has now conceded due to
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`its failure to timely oppose same.
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`Additionally, Applicant has now failed to timely serve its Initial Disclosure and Opposer
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`brings this motion for an order compelling Applicant’s compliance.
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`DISCUSSION
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`The provisions of Rule 26 of the Federal Rules of Civil Procedure relating to the mandatory
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`Initial Disclosures and Discovery Conference are applicable to Board proceedings, as noted in the
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`TBMP. See 37 C.F.R. § 2.120(a)(1), 37 C.F.R. § 2.120(a)(2)(ii), 37 C.F.R. § 2.120(a)(2)(iv), and
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`37 C.F.R. § 2.120(a)(3). Each party involved in a Board proceeding is obligated to make Initial
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`Disclosures, by the deadline set in the Institution Order, or otherwise extended. Id.
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`6
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`Accordingly, a party failing to make Initial Disclosures may be subject to a motion to
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`compel, and ultimately, a motion for discovery sanctions. 37 C.F.R. § 2.120(f)(1).
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`WHEREFORE, Opposer respectfully requests that the Trademark Trial and Appeal Board
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`grant Opposer’s motion.
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`Dated: New York, New York
`January 4, 2019
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`DAVIS WRIGHT TREMAINE LLP
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`_____/G. Roxanne Elings/____________
`By: G. Roxanne Elings
`
`Emily M. Borich
`1251 Avenue of the Americas
`21st Floor
`New York, New York 10020
`(212) 489-8230
`Attorneys for Opposer BlackBerry Limited
`
`
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`7
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`
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`CERTIFICATE OF SERVICE
`CERTIFICATE OF SERVICE
`
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`I HEREBY CERTIFY THAT ON THIS 4TH DAY OF JANUARY, 2019, A TRUE AND
`I HEREBY CERTIFY THAT ON THIS 4TH DAY OF JANUARY, 2019, A TRUE AND
`COMPLETE COPY OF THE FOREGOING OPPOSER’S MOTION TO COMPEL
`COMPLETE COPY OF THE FOREGOING OPPOSER’S MOTION TO COMPEL
`APPLICANT’S INITIAL DISCLOSURES HAS BEEN SERVED UPON APPLICANT BY
`APPLICANT’S INITIAL DISCLOSURES HAS BEEN SERVED UPON APPLICANT BY
`DELIVERING THE SAME VIA EMAIL TO THE FOLLOWING ADDRESS:
`DELIVERING THE SAME VIA EMAIL TO THE FOLLOWING ADDRESS:
`SUNNYIPR@163.COM
`SUNNYIPR@163.COM
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`/EMB/
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`/EMB/
`EMILY M. BORICH
`EMILY M. BORICH
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`8
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`
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