Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA937728
`
`Filing date:
`
`11/28/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`91244897
`
`Defendant
`Deits, Ted
`
`DEITS, TED
`7866 SOUTHWIND CR
`HUNTINGTON BEACH, CA 92648
`ted@monstoregarages.com
`no phone number provided
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Ted Deits
`
`ted@monstoregarages.com
`
`/ted deits/
`
`11/28/2018
`
`Attachments
`
`monstore_garages Serial No 87889362 Answer.pdf(348017 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA937728
`
`Filing date:
`
`11/28/2018
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`Party
`
`Correspondence
`Address
`
`91244897
`
`Defendant
`Deits, Ted
`
`DEITS, TED
`7866 SOUTHWIND CR
`HUNTINGTON BEACH, CA 92648
`ted@monstoregarages.com
`no phone number provided
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Answer
`
`Ted Deits
`
`ted@monstoregarages.com
`
`/ted deits/
`
`11/28/2018
`
`Attachments
`
`monstore_garages Serial No 87889362 Answer.pdf(348017 bytes )
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Ted Deits, an individual
`7866 Southwind Cr
`Huntington Beach California, 92648
`
`
`In the Matter of Application Serial No: 87889362
`Ted Deits v. Monster Energy Company
` Opposition No. 91244897
`Serial No. 87889362
`
`ANSWER AND AFFIRMATIVE DEFENSES OF TED DEITS, AN INDIVIDUAL
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`Applicant Ted Deits (Applicant) hereby answers the notice of opposition (the
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`“opposition”) filed by Monster Energy Company (“opposer”) as follows. To the
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`extent not explicitly admitted, all allegations in the opposition are denied.
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`ANSWER
`
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`1. Applicant asserts that no response is necessary to Paragraph 1.
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`2. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 2 and, on that basis, denies them.
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`3. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 3 and, on that basis, denies them.
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`4. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 4 and, on that basis, denies them.
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`1
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`5. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 5 and, on that basis, denies them.
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`6. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 6 and, on that basis, denies them.
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`7. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 7 and, on that basis, denies them.
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`8. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 8 and, on that basis, denies them.
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`9. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 9 and, on that basis, denies them.
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`10. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 10 and, on that basis, denies them.
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`11. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 11 and, on that basis, denies them.
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`12. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 12 and, on that basis, denies them.
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`13. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 13 and, on that basis, denies them.
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`
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`2
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`
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`14. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 14 and, on that basis, denies them.
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`15. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 15 and, on that basis, denies them.
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`16. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 16 and, on that basis, denies them.
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`17. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 17 and, on that basis, denies them.
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`18. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 18 and, on that basis, denies them.
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`19. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 19 and, on that basis, denies them.
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`20. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 20 and, on that basis, denies them.
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`21. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 21 and, on that basis, denies them.
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`22. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 22 and, on that basis, denies them.
`
`
`
`3
`
`
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`23. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 23 and, on that basis, denies them.
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`24. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 24 and, on that basis, denies them.
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`25. Applicant lacks knowledge or information sufficient to form a belief as to the
`
`truth of the matters in paragraph 25 and, on that basis, denies them.
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`26. Applicant lacks knowledge or information sufficient to form a belief as to the
`
`truth of the matters in paragraph 26 and, on that basis, denies them.
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`27. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 27 and, on that basis, denies them.
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`28. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 28 and, on that basis, denies them.
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`29. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 29 and, on that basis, denies them.
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`30. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 30 and, on that basis, denies them.
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`31. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 31 and, on that basis, denies them.
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`
`
`4
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`
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`32. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 32 and, on that basis, denies them.
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`33. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 33 and, on that basis, denies them.
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`34. Paragraph 34 sets forth legal conclusions and questions of law to which no
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`response is necessary.
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`35. Paragraph 35 sets forth legal conclusions and questions of law to which no
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`response is necessary.
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`36. Applicant lacks knowledge or information sufficient to form a belief as to the
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`truth of the matters in paragraph 36 and, on that basis, denies them.
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`37. Applicant asserts that no response is necessary to Paragraph 37.
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`38. Applicant denies the allegations and/or legal conclusions contained in
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`paragraph 38.
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`39. Applicant opposes and denies all allegations and conclusions in paragraph 39
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`5
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`
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`Affirmative Defenses
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`
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`Applicant undertakes the burden of proof only as to those defenses deemed
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`affirmative defenses by law, regardless of how such defenses are denominated
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`below. Applicant expressly reserves the right to plead additional affirmative and
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`other defenses should any such defenses be revealed by discovery in the case. As
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`and for its affirmative and other defenses, Applicant states as follows:
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`
`
`
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`First Affirmative Defense
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`The notice of opposition fails to state a claim on which relief can be granted.
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`
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`Second Affirmative Defense
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`
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`There is not likelihood of confusion, mistake or deception between Opposer’s
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`mark and Applicants 1(revised) mark. Each mark is distinctive and in no way
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`1 Applicant submitted changes to their mark’s typeface, but due to the opposition action, the changes were
`denied. Applicant will update their mark as allowed by the Board.
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`
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`6
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`
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`resembles each other, either in typeface, visual representation, pronunciation,
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`look or feel.
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`
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`
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`Third Affirmative Defense
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`
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`The spelling of Applicants mark / neologism (MonSTORE) is different than
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`the Opposer’s mark (Monster), and as such is pronounced differently.
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`Nowhere in the Opposer’s exhibit’s is the word “Monstore” shown or
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`registered. Audibly and visually there is a distinct difference in marks and
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`any confusion of brands is inconceivable.
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`7
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`Fourth Affirmative Defense
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`
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`
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`Applicant has never sold, represented, marketed, gifted, or in any way
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`participated in the beverage market place. No reference in any Monstore
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`Garages marketing materials has been made to the sale of any type of
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`drink. Applicant is in the business of real estate development, a far and
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`distinct departure from energy drinks.
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`
`
`
`
`
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`Fifth Affirmative Defense
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`Applicants use of the neologism Monstore is unique to the Applicant and is
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`not used or registered by the Opposer. Our product, Garage
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`Condominiums, are larger garages than typically available, there for the
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`prefix of “Mon”. Second, these Garage Condominiums principal use is for
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`8
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`
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`storage, suffix of “Store”, resulting in the neologism Monstore Garages. A
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`far and distinct departure from Monster Energy.
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`
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`Sixth Affirmative Defense
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`Any and all acts alleged to have been committed by Applicant were
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`performed with lack of knowledge and lack of willful intent.
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`WHEREFORE, Ted Deits, Applicant requests that the notice of opposition be
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`dismissed with prejudice, together with whatever other relief the Board
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`may deem appropriate.
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`
`
`Dated: November 28th, 2018
`
`
`
`Ted Deits, an individual
`
` 7866 Southwind Cr
`
`Huntington Beach, CA 92648
`
`714-928-0527
`
`ted@monstoregarages.com
`
`
`
`/Ted Deits/
`Ted Deits
`
`
`
`
`9
`
`
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