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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`April 4, 2022
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`Opposition No. 91254539
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`Dwell Media, LLC
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`v.
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`Dwell Inspect, LLC
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`
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`Victoria von Vistauxx, Paralegal Specialist:
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`Opposer’s consented motion, filed March 31, 2022, to suspend this proceeding for
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`90 days, is granted. 30 TTABVUE.
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`Status Report Required for Future Motions to Suspend or Extend
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`The Board retains discretion to condition the approval of a consented or stipulated
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`motion to suspend on the party or parties providing necessary information about the
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`status of settlement talks, discovery activities, or trial activities, as may be
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`appropriate. See Trademark Rule 2.117(c); TBMP §§ 509.02 and 605.02.
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`Due to the number of extensions approved in this proceeding, the Board imposes
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`a condition on the approval of all future motions to suspend or extend for settlement.
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`Specifically, to establish good cause for all future motions to suspend or extend, the
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`parties must include in the motion a status report on the parties’ settlement efforts.
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`While the rule does not require a great deal of specificity, the report must set forth,
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`Opposition No. 91254539
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`at minimum, the issues that have been resolved, the issues that remain to be resolved
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`or that remain for trial, and a proposed timetable for resolution of the remaining
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`issues. Appropriately designated confidential information or materials may be filed
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`under seal pursuant to Trademark Rule 2.126(c). See TBMP § 605.02. Absent the
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`required status report, a motion to suspend or extend may be denied, even
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`if consented to by the parties. If the Board denies such a motion, dates may
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`remain as previously set. See TBMP § 509.01(a).
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`Due to this requirement, the parties may no longer use the ESTTA “Consent
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`Motions” forms to submit motions to extend or suspend dates for settlement.
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`Rather, the parties must select the “Opposition, Cancellation or Concurrent Use
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`(general filings)” option, the “Scheduling Motions” option, then the “Motion to
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`Suspend for Settlement Discussions” form to which the parties may attach the motion
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`they prepared. The motion must set forth both the required status report and
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`a proposed trial schedule.
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`The requirement to use the general filings ESTTA form is limited to consent
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`motions based on settlement discussions, and does not prohibit the use of ESTTA
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`consent forms for other filings.
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`Because the parties are negotiating for a possible settlement of this case,
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`proceedings are suspended, subject to the right of either party to request resumption
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`at any time.1 See Trademark Rules 2.117(c) and 2.127(a); and TBMP § 605.02.
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`1 The parties should note that if proceedings are suspended for a lengthy period of time
`pursuant to the filing of several motions to suspend for settlement, the Board retains
`discretion to condition the approval of any future consented or stipulated motion to suspend
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`2
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`Opposition No. 91254539
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`If, during the suspension period, either of the parties or their attorneys have a
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`change of address or email address, the Board should be so informed. See Trademark
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`Rule 2.18(b)(1).
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`In the event that there is no word from either party concerning the progress of
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`their negotiations, upon conclusion of the suspension period, proceedings shall
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`resume without further notice or order from the Board, in accordance with
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`Opposer’s motion, as follows:
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`Proceedings Resume: 6/30/2022
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`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
`Plaintiff's Opening Brief Due
`Defendant's Brief Due
`Plaintiff's Reply Brief Due
`Request for Oral Hearing (optional) Due
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`7/24/2022
`11/21/2022
`12/21/2022
`2/4/2023
`3/21/2023
`4/5/2023
`5/20/2023
`6/4/2023
`7/4/2023
`9/2/2023
`10/2/2023
`10/17/2023
`10/27/2023
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, the
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`manner and timing of taking testimony, matters in evidence, and the procedures for
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`on a party or the parties providing necessary information about the status of settlement talks,
`discovery activities, or trial activities, as may be appropriate. See Trademark Rule 2.117(c).
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`3
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`Opposition No. 91254539
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the following criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text-searchable.
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re-filing. Note:
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`Parties are strongly encouraged to check the entire document before filing.2 The
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`Board will not extend or reset proceeding schedule dates or other deadlines to allow
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`time to re-file documents. For more tips and helpful filing information, please visit
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`the ESTTA help webpage.
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`2 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`4
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