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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1091559
`
`Filing date:
`
`10/27/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91264852
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Defendant
`Barrett, Maxwell R.
`
`MICHAEL P. MARTIN
`FISCHBACH, PERLSTEIN, LIEBERMAN & ALMOND, LLP
`1925 CENTURY PARK EAST, SUITE 2050
`LOS ANGELES, CA 90067
`UNITED STATES
`Primary Email: mmartin@fpllaw.com
`3105561956
`
`Answer
`
`Bri'Ana Thomas
`
`briana@adelmanmatz.com, sarah@adelmanmatz.com, gpadocket-
`ing@gmail.com, g@adelmanmatz.com
`
`Signature
`
`Date
`
`/Bri'Ana Thomas/
`
`10/27/2020
`
`Attachments
`
`2020 10 27 FB Answer to Opposition FINAL-signed.pdf(218561 bytes )
`
`

`

`
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Serial No. 88690797
`Application Filed: November 13, 2019
`For Mark: “FRIDAY BEERS”
`
`
`------------------------------------------------------X
`TGI FRIDAYS FRANCHISOR, LLC
`
`
`
`
`
`Opposer,
`
`
`v.
`
`FRIDAY BEERS, LLC
`
`
`Applicant.
`------------------------------------------------------X
`
`Opposition No.: 91264852
`
`ANSWER
`
`
`
`
`
`Applicant, Friday Beers, LLC (“Applicant”), by and through its undersigned counsel
`
`Adelman Matz P.C., responds to the Notice of Opposition (the “Opposition”) as follows:
`
`1.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 1 of the Opposition.
`
`2.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 2 of the Opposition.
`
`3.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 3 of the Opposition, and otherwise states that paragraph 3 of
`
`the Opposition contains legal conclusions to which no response is required.
`
`4.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 4 of the Opposition.
`
`5.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 5 of the Opposition.
`
`
`
`1
`
`

`

`
`
`6.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 6 of the Opposition.
`
`7.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 7 of the Opposition.
`
`8.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 8 of the Opposition, and otherwise states that paragraph 8 of
`
`the Opposition contains legal conclusions to which no response is required.
`
`9.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 9 of the Opposition.
`
`10.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 10 of the Opposition.
`
`11.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 11 of the Opposition, and otherwise states that paragraph 11
`
`of the Opposition contains legal conclusions to which no response is required.
`
`12.
`
`13.
`
`14.
`
`15.
`
`Admits the truth of the allegations contained in paragraph 12 of the Opposition.
`
`Admits the truth of the allegations contained in paragraph 13 of the Opposition.
`
`Admits the truth of the allegations contained in paragraph 14 of the Opposition.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 15 of the Opposition.
`
`16.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 16 of the Opposition.
`
`17.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 17 of the Opposition.
`
`
`
`2
`
`

`

`
`
`18.
`
`Denies the truth of the allegations contained in paragraph 18 of the Opposition,
`
`and otherwise states that paragraph 18 of the Opposition contains legal conclusions to which no
`
`response is required.
`
`19.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 19 of the Opposition, and otherwise states that paragraph 19
`
`of the Opposition contains legal conclusions to which no response is required.
`
`20.
`
`21.
`
`Denies the truth of the allegations contained in paragraph 20 of the Opposition.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 21 of the Opposition, and otherwise states that paragraph 21
`
`of the Opposition contains legal conclusions to which no response is required.
`
`22.
`
`Denies knowledge and information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph 22 of the Opposition, and otherwise states that paragraph 22
`
`of the Opposition contains legal conclusions to which no response is required.
`
`23.
`
`Admits the truth of the allegations contained in paragraph 23 of the Opposition,
`
`however, Applicant denies the implication that it needed permission or approval from Opposer to
`
`use or register the FRIDAY BEERS mark.
`
`24.
`
`Denies the truth of the allegations contained in paragraph 24 of the Opposition,
`
`and otherwise states that paragraph 24 of the Opposition contains legal conclusions to which no
`
`response is required.
`
`25.
`
`Denies the truth of the allegations contained in paragraph 25 of the Opposition,
`
`and otherwise states that paragraph 25 of the Opposition contains legal conclusions to which no
`
`response is required.
`
`
`
`3
`
`

`

`
`
`26.
`
`Denies the truth of the allegations contained in paragraph 26 of the Opposition,
`
`and otherwise states that paragraph 26 of the Opposition contains legal conclusions to which no
`
`response is required.
`
`27.
`
`Denies the truth of the allegations contained in paragraph 27 of the Opposition,
`
`and otherwise states that paragraph 27 of the Opposition contains legal conclusions to which no
`
`response is required.
`
`
`AFFIRMATIVE DEFENSES
`
`Applicant hereby sets forth its separate and distinct affirmative defenses to the claims set
`
`forth in the in the Opposition. By listing any matter as affirmative defenses, Applicant does not
`
`assume the burden of proving any matter upon which Opposer bears the burden of proof under
`
`applicable law.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`Opposer’s claims are barred in whole or in part by its failure to state a claim upon which
`
`relief can be granted.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`Opposer’s claims are barred in whole or in part as Opposer does not own any valid or
`
`enforceable right in and to the “FRIDAY BEERS” mark, or any part thereof.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`Opposer’s claims are barred in whole or in part as Applicant has not caused any
`
`likelihood of confusion.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`Opposer’s claims are barred in whole or in part by the doctrine of fair use.
`
`
`
`
`
`4
`
`

`

`
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`Opposer’s claims are barred in whole or in part as Applicant has not infringed any
`
`trademark rights alleged to be owned by Opposer.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`Opposer’s claims are barred in whole or in part as Applicant has not caused and will not
`
`cause dilution by blurring of any trademark rights alleged to be owned by Opposer.
`
`RESERVATION OF RIGHTS
`
`
`
`Applicant reserves the right to amend and/or assert additional affirmative defenses upon
`
`completion of appropriate discovery.
`
`RELIEF REQUESTED
`
`
`
`WHEREFORE, Applicant requests that the Opposition be dismissed in its entirety and
`
`for any such further relief as the Board deems just and proper.
`
`Dated: New York, New York
`
`October 27, 2020
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`ADELMAN MATZ P.C.
`
`
`
`
`
`
`By:___________________________
` Sarah M. Matz, Esq.
`Bri’Ana Thomas, Esq.
`
`1173A Second Ave, Suite 153
`New York, New York 10065
`Phone: (646) 650-2207
`Email: sarah@adelmanmatz.com
`Email: briana@adelmanmatz.com
`Attorneys for Applicant
`
`5
`
`

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