`
`ESTTA Tracking number:
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`ESTTA1127721
`
`Filing date:
`
`04/16/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91263808
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Monster Energy Company
`
`BITA KIANIAN
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET, 14TH FLOOR
`IRVINE, CA 92614
`UNITED STATES
`Primary Email: efiling@knobbe.com
`Secondary Email(s): MEC.TTAB@knobbe.com
`949-760-0404
`
`Stipulated/Consent Motion to Extend
`
`BITA KIANIAN
`
`efiling@knobbe.com, MEC.TTAB@knobbe.com
`
`/Bita Kianian/
`
`04/16/2021
`
`2021-04-13 CONSENT MOTION TO REOPEN EXPERT DISCLOSURE DEAD-
`LINE AND E XTEND DISCOVERY AND TRIAL DEADLINES -
`HANB.11576M.pdf(178845 bytes )
`
`
`
`HANB.11576M
`
`
`TRADEMARK
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`Opposition No.: 91263808
`
`Serial No.: 88/561901
`
`Mark:
`
`
`
`) ) ) ) ) ) ) )
`
`
`)
`
`) ) ) )
`
`
`
`Opposer,
`
`
`
`v.
`
`
`MONSTER ENERGY COMPANY,
`
`
`
`
`
`SMART PERFECT LIMITED LLC,
`
`
`
`
`
`
`Applicant.
`
`CONSENTED MOTION TO REOPEN EXPERT DISCLOSURE DEADLINE AND
`EXTEND DISCOVERY AND TRIAL DEADLINES
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`Dear Sir or Madam:
`
`
`
`Pursuant to 37 C.F.R. § 2.120(a)(2) Opposer Monster Energy Company (“Opposer”)
`
`hereby moves that the Expert Disclosure deadline be reopened and set for June 10, 2021 in the
`
`above-referenced opposition proceeding, and all subsequent dates be extended sixty (60) days.
`
`Applicant’s counsel, Robert Rivas, consented to this extension via email on April 13, 2021.
`
`
`
`The proposed dates are as follows:
`
`Expert Disclosures Due
`
`Discovery Period to Close
`
`Plaintiff’s Pretrial Disclosures due
`
`Plaintiff’s 30-day Trial Period Ends
`
`- 1 -
`
`June 10, 2021
`
`July 10, 2021
`
` August 24, 2021
`
`October 8, 2021
`
`
`
`Defendant’s Pretrial Disclosures
`
`October 23, 2021
`
`Defendant’s 30-day Trial Period Ends
`
` December 7, 2021
`
`Plaintiff’s Rebuttal Disclosures
`
`December 22, 2021
`
`Plaintiff’s 15-day Rebuttal Period Ends
`
` January 21, 2022
`
`Plaintiff’s Main Brief Due
`
`Defendant’s Main Brief Due
`
`Plaintiff’s Reply Brief Due
`
`Request for Oral Hearing (optional) Due
`
`March 22, 2022
`
`April 21, 2022
`
`
`
`May 6, 2022
`
`May 16, 2022
`
`This motion is not for purposes of delay but to allow the parties to continue to explore
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`settlement discussions, and to provide additional time to complete discovery.
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`As the Motion is stipulated between all parties, neither party will be prejudiced by any
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`delay associated with the extension. In light of the foregoing, Opposer respectfully moves that
`
`the Board reopen the time for the parties to serve Expert Disclosures and extend the proceeding
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`
`
`
`
`for a period of 60 days as set forth above.
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`
`
`
`
`
`
`
`Dated: April 16, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`By: / Bita Kianian/
`
`Steven J. Nataupsky
` Matthew S. Bellinger
` Nicole R. Townes
`
`Jonathan A. Menkes
` Bita Kianian
`
`2040 Main Street, Fourteenth Floor
`
`Irvine, CA 92614
`
`(949) 760-0404
`
`efiling@knobbe.com
`Attorneys for Opposer,
`MONSTER ENERGY COMPANY
`
`- 2 -
`
`
`
`
`
`
`
`I hereby certify that a true and complete copy of the foregoing CONSENTED MOTION
`
`CERTIFICATE OF SERVICE
`
`TO REOPEN EXPERT DISCLOSURE DEADLINE AND EXTEND DISCOVERY AND
`
`TRIAL DEADLINES has been served on Applicant’s counsel of record on April 16, 2021 via
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`electronic mail to:
`
`Robert A. Rivas
`WOLF RIFKIN SHAPIRO SCHULMAN AND RABKIN LLP
`rrivas@wrslawyers.com, ssahebghalam@wrslawyers.com,
`chamilton@wrslawyers.com
`
`
`
`Signature:
`Signature:
`
`Name: Anokhi Destiche
`
`Date: April 16, 2021
`
`
`
`
`
`
`
`
`
`
`
`- 3 -
`
`
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