`
`ESTTA Tracking number:
`
`ESTTA1198904
`
`Filing date:
`
`03/25/2022
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91266662
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Monster Energy Company
`
`RYAN L. WALKENHORST (MCBRIDE)
`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
`
`Jessica Bromall Sparkman
`
`trademarkdocket@jmbm.com
`
`/jessica bromall sparkman/
`
`03/25/2022
`
`Muscle Nation adv. MEC - Consent Motion to Extend - 03-25-2022.pdf(140499
`bytes )
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MONSTER ENERGY COMPANY,
`
`Opposition No.: 91266662
`
`
`Opposer,
`
`v.
`
`MUSCLE NATION IP PTY LTD,
`
`Applicant.
`
`
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, Virginia 22313-1451
`
`
`
`
`Mark:
`
`App. Ser. No. 79270389
`
`Atty. Ref. No.: 80660.9001
`
`CONSENTED MOTION FOR EXTENSION OF CASE MANAGEMENT DATES
`Applicant Muscle Nation IP Pty Ltd (“Applicant”) and petitioner Monster Energy
`
`Company hereby stipulate and request that the deadlines in the above-captioned cancellation
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`action be extended by 60 days and reset as follows:
`
`
`
`
`Time to Answer:
`Deadline for Discovery Conference:
`Discovery Opens:
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`
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`Initial Disclosures Due:
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`
`Expert Disclosures Due:
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`Discovery Closes:
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`
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`Plaintiff’s Pretrial Disclosures Due:
`Plaintiff's 30-day Trial Period Ends:
`Defendant's Pretrial Disclosures:
`
`Defendant's 30-day Trial Period Ends:
`Plaintiff's Rebuttal Disclosures:
`
`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:
`
`
`
`05/26/2022
`06/25/2022
`06/25/2022
`07/25/2022
`11/22/2022
`12/22/2022
`02/05/2023
`03/22/2023
`04/06/2023
`05/21/2023
`06/05/2023
`07/05/2023
`09/03/2023
`10/03/2023
`10/18/2023
`10/28/2023
`
`
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`69002403v4
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`
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`The parties have exchanged proposed settlement terms and are continuing to negotiate.
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`Presently, Opposer is reviewing Applicant's response to its proposed settlement terms and
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`expects to provide comments to Applicant shortly. The parties are continuing to work toward a
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`resolution. In light of the parties’ continued work towards a resolution, Opposer requests that the
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`deadline for Applicant to file its Answer or other response to the Opposer's Notice of Opposition
`
`and the other existing case management dates be extended by 60 days as set forth above.
`
`Opposer submits that good cause exists for the proposed extension and that granting the
`
`proposed extension is the interest of judicial efficiency.
`
`Opposer has specifically consented to the extension requested herein. Applicant
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`respectfully request that the extension requested herein be granted.
`
`
`
`Respectfully submitted,
`
`Dated: March 25, 2022
`
`
`
`
`
`
`
`
`
`
`
` /s/ JESSICA BROMALL SPARKMAN
`Jessica Bromall Sparkman, Esq.
`JEFFER, MANGELS, BUTLER & MITCHELL LLP
`1900 Avenue of the Stars, Seventh Floor
`Los Angeles, CA 90067
`(310) 203-8080
`E-mail: trademarkdocket@jmbm.com
`
`Attorneys for Applicant Monster Nation Pty Ltd
`
`69002403v4
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`2
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 25, 2022, a true and correct copy of the foregoing
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`CONSENTED MOTION FOR EXTENSION CASE MANAGEMENT DATES is being
`
`served, via email, addressed to Applicant's counsel of record as follows:
`
`Ryan L. Walkenhorst (McBride)
`
`Knobbe Martens Olson & Bear LLP
`2040 Main Street 14th Floor
`Irvine, California 92614
`
`Email: efiling@knobbe.com, mec.ttab@knobbe.com
`
`
`
`
`
`
`
`
`
`
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`/s/ JESSICA SPARKMAN
`Jessica Sparkman
`
`
`
`
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`69002403v4
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`3
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