Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1116640
`
`Filing date:
`
`02/25/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91266992
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Bigfoot Ventures LLC
`
`MICHAEL GLEISSNER
`246 WEST BROADWAY
`NEW YORK, NY 10013
`UNITED STATES
`Primary Email: jm@moas.com
`Secondary Email(s): ivy@trademarkers.com
`212-468-5515
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Answer
`
`Michael Gleissner
`
`mgleiss@bigfoot.com
`
`/Michael Gleissner/
`
`02/25/2021
`
`USPTO - TTAB Opposition 91266992 - strawberry.com - Answer.pdf(667797
`bytes )
`USPTO - TTAB Opposition 91266992 - strawberry.com - Certificate of Se
`rvice.pdf(144777 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1116640
`
`Filing date:
`
`02/25/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91266992
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Bigfoot Ventures LLC
`
`MICHAEL GLEISSNER
`246 WEST BROADWAY
`NEW YORK, NY 10013
`UNITED STATES
`Primary Email: jm@moas.com
`Secondary Email(s): ivy@trademarkers.com
`212-468-5515
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Answer
`
`Michael Gleissner
`
`mgleiss@bigfoot.com
`
`/Michael Gleissner/
`
`02/25/2021
`
`USPTO - TTAB Opposition 91266992 - strawberry.com - Answer.pdf(667797
`bytes )
`USPTO - TTAB Opposition 91266992 - strawberry.com - Certificate of Se
`rvice.pdf(144777 bytes )
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Blackberry Limited
` Opposer
`
`
`v.
`
`
`Bigfoot Ventures LLC
` Applicant
`
`
`
`
`
`
`Opposition No. 91266992
`
`Serial No. 87241130
`
`
`Mark:
`
`
` Strawberry.com
`
`
`
`
`
`
`
`APPLICANT’S ANSWER TO THE OPPOSITION
`
`
`In the opposition proceedings above initiated by Blackberry Limited (“Opposer”) v. Bigfoot
`Ventures LLC (“Applicant”), Applicant answers Opposer’s Opposition, as following:
`
`
`
`
`
`1.
`
`Answering Paragraph 1 of the Opposition, Applicant believes, to the best of Applicant’s
`recollection, the facts stated therein to be accurate.
`
`
`
`2.
`
`Answering Paragraph 2 of the Opposition, Applicant believes, to the best of Applicant’s
`recollection, the facts stated therein to be accurate.
`
`
`
`3.
`
`Answering Paragraph 3 of the Opposition, Applicant believes, to the best of Applicant’s
`recollection, the facts stated therein to be accurate.
`
`
`
`4.
`
`Answering Paragraph 4 of the Opposition, Applicant does not have sufficient
`
`knowledge or information to form a belief in regards to the statement set forth by Opposer.
`
`
`
`5.
`
`herein.
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`–
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`
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`Answering Paragraph 5, Applicant strongly denies the allegations made by Opposer
`
`
`
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`
`
`Mark:
`Serial No.:
`
`Page 2
`
`strawberry.com
`91266992
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`
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`
`
`Answering Paragraph 6, in the opinion of the Applicant that paragraph does not warrant
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`6.
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`or call for any response.
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`
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`7.
`
`Answering Paragraph 7 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
`
`8.
`
`Answering Paragraph 8 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`9.
`
`Answering Paragraph 9 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
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`
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`10.
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`Answering Paragraph 10 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
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`
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`11.
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`Answering Paragraph 11 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
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`
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`12.
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`Answering Paragraph 12 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`13.
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`Answering Paragraph 13, Applicant strongly denies the allegations made by Opposer
`
`herein.
`
`
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`14.
`
`Answering Paragraph 14 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`15.
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`Answering Paragraph 15 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`16.
`
`Answering Paragraph 16 of the Opposition, Applicant does not have sufficient
`
`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
`
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`- 2 -
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`Mark:
`Serial No.:
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`Page 3
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`
`
`
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`strawberry.com
`91266992
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`
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`
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`17.
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`Answering Paragraph 17 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`18.
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`Answering Paragraph 18 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`19.
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`Answering Paragraph 19 of the Opposition, Applicant believes that this statement does
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`not call for a response.
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`
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`20.
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`Answering Paragraph 20, Applicant denies the allegations made by Opposer herein.
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`
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`21.
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`Answering Paragraph 21, Applicant denies the allegations made by Opposer herein.
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`
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`22.
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`Answering Paragraph 22, Applicant denies the allegations made by Opposer herein.
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`
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`23.
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`Answering Paragraph 23, Applicant denies the allegations made by Opposer herein.
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`
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`24.
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`Answering Paragraph 24, Applicant denies the allegations made by Opposer herein.
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`
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`25.
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`Answering Paragraph 25, Applicant strongly denies the allegations made by Opposer
`
`herein.
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`26.
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`Answering Paragraph 26 of the Opposition, Applicant believes that this statement does
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`not call for a response.
`
`
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`27.
`
`Answering Paragraph 27, Applicant denies the allegations made by Opposer herein.
`
`
`
`Answering Paragraph 28, Applicant denies that Opposer’s mark ever became what is
`28.
`considered “famous”.
`
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`29.
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`Answering Paragraph 29, Applicant denies the allegations made by Opposer herein.
`
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`- 3 -
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`
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`Mark:
`Serial No.:
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`Page 4
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`
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`28.
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`
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`strawberry.com
`91266992
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`
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`
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`Answering Paragraph 28, Applicant denies the allegations made by Opposer herein.
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`29.
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`Answering Paragraph 29, Applicant denies the allegations made by Opposer herein.
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`
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`30.
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`Answering Paragraph 30, Applicant denies the allegations made by Opposer herein.
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`31.
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`Answering Paragraph 31, Applicant denies the allegations made by Opposer herein.
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`
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`32.
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`Answering Paragraph 32, Applicant believes that the statement calls for a legal
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`conclusion which Applicant is not in the position to render.
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`
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`33.
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`Answering Paragraph 33 of the Opposition, Applicant believes that this statement does
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`not call for a response.
`
`
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`34.
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`Answering Paragraph 34, Applicant denies the allegations made by Opposer herein.
`
`
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`35.
`
`Answering Paragraph 35, Applicant denies the allegations made by Opposer herein.
`
`
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`36.
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`Answering Paragraph 36, Applicant denies the allegations made by Opposer herein.
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`
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`37.
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`Answering Paragraph 37, Applicant believes the statement made in that paragraph to be
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`true.
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`38.
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`Answering Paragraph 38, Applicant denies the allegations made by Opposer herein.
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`
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`39.
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`Answering Paragraph 39, Applicant believes that the statement calls for a legal
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`conclusion which Applicant is not interested in rendering.
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`
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`40.
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`Answering Paragraph 40 of the Opposition, Applicant believes that this statement does
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`not call for a response.
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`
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`41.
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`Answering Paragraph 41, Applicant denies the allegations made by Opposer herein.
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`- 4 -
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`
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`Mark:
`Serial No.:
`
`Page 5
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`strawberry.com
`91266992
`
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`
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`Answering Paragraph 42 of the Opposition, Applicant believes that this statement does
`
`42.
`
`not call for a response.
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`43.
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`Answering Paragraph 43, Applicant denies the allegations made by Opposer herein.
`
`
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`44.
`
`Answering Paragraph 44, Applicant denies the allegations made by Opposer herein.
`
`
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`45.
`
`Answering Paragraph 45, Applicant denies the allegations made by Opposer herein.
`
`
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`46.
`
`Answering Paragraph 46, Applicant denies the allegations made by Opposer herein.
`
`
`
`47.
`
`Answering Paragraph 47, Applicant denies the allegations made by Opposer herein.
`
`
`
`48.
`
`Answering Paragraph 48, Applicant denies the allegations made by Opposer herein.
`
`
`
`49.
`
`Answering Paragraph 49, Applicant believes that the statement calls for a legal
`
`conclusion which Applicant is in the position to render.
`
`
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`50.
`
`Answering Paragraph 50, Applicant denies the allegations made by Opposer herein.
`
`
`
`51.
`
`Answering Paragraph 51 of the Opposition, Applicant believes that this statement does
`
`not call for a response.
`
`
`
`Answering Paragraph 52 of the Opposition, Applicant believes, to the best of
`52.
`Applicant’s recollection, the facts stated therein to be accurate.
`
`
`53.
`
`Answering Paragraph 53 of the Opposition, Applicant does not have sufficient
`
`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
`
`Answering Paragraph 54 of the Opposition, Applicant believes, to the best of
`54.
`Applicant’s recollection, the facts stated therein to be accurate.
`
`
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`
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`- 5 -
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`
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`Mark:
`Serial No.:
`
`Page 6
`
`strawberry.com
`91266992
`
`
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`
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`
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`Answering Paragraph 55 of the Opposition, Applicant does not have sufficient
`
`55.
`
`knowledge or information to form a belief in regards to the statement made by Opposer.
`
`
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`56.
`
`Answering Paragraph 56 of the Opposition, Applicant does not have sufficient
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`knowledge or information to form a belief in regards to the statement made by Opposer.
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`
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`
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`AFFIRMATIVE DEFENSES
`
`Applicant reserves the right to rely on such other and further defenses as may be supported by
`facts to be determined through comprehensive discovery and to amend Applicant’s answers
`accordingly to assert such defenses.
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`
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`
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`EXPLANATION FOR LATE RESPONSE
`
`Representative of the Respondent is defending the Petition Pro Se, and had to first familiarize
`
`himself with the extent and format what is expected by the Board as a proper response, and is
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`providing the above now having familiarized himself with format and scope of responses apparently
`
`expected by the Board. Insofar the initial response is not regarded as sufficient, the undersigned
`
`requests respectfully to excuse the lack of proper submission and is offering the above as a sincere
`
`attempt to satisfy the requirements.
`
`
`
`WHEREFORE, Respondent respectfully requests for the Trademark Trial and Appeal Board to
`
`dismiss the subject Opposition.
`
`
`Respectfully submitted on this 25th Day of February, 2021
`
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`
`
`BIGFOOT VENTURES LLC
`
`By:
`Michael Gleissner
`President
`
`
`
`
`
`
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`- 6 -
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Blackberry Limited
` Opposer
`
`
`v.
`
`
`Bigfoot Ventures LLC
` Applicant
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Opposition No. 91266992
`
`Serial No. 87241130
`
`
`Mark:
`
`
` Strawberry.com
`
`CERTIFICATE OF SERVICE
`
`
`
`This is to certify that in accordance with Trademark Rule 37 C.F.R. § 2.119 and TBMP § 113,
`
`the foregoing was served via electronic mail to the email addresses to be the ones on record for
`Petitioner’s counsel on record and presently shown in the online access system known as TTABVUE,
`namely:
`
`
`
`blackberry@dwt.com
`
`roxanneelings@dwt.com
`
`orrinfalby@dwt.com
`
`emilyborich@dwt.com
`
`faithrobinson@dwt.com
`
`koriturrubiate@dwt.com
`
`
`
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`
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`–
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`February 25, 2021
`
`BIGFOOT VENTURES LLC
`
`By:
`Michael Gleissner
`President
`
`
`
`
`
`
`
`
`
`
`
`
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