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`ESTTA Tracking number:
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`ESTTA1292034
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`Filing date:
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`06/18/2023
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
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`91268168
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`Party
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`Correspondence
`address
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`Submission
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`Filer's name
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`Filer's email
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`Signature
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`Date
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`Attachments
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`Defendant
`Dustie Gaskins
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`DUSTIE GASKINS
`10029 LAKESIDE DRIVE
`FORT WORTH, TX 76179
`UNITED STATES
`Primary email: dustiegaskins@yahoo.com
`Secondary email(s): raisa.soares@hotmail.com
`No phone number provided
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`Other Motions/Submissions
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`Dustie Gaskins
`
`raisa.soares@hotmail.com, dustiegaskins@yahoo.com
`
`/Dustie Gaskins/
`
`06/18/2023
`
`HUMANIMAL - Pretrial Disclosures.pdf(156144 bytes )
`HUMANIMAL - POS re Applicants Pretrial Disclosures.pdf(265307 bytes )
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`DUSTIE GASKINS
`10029 Lakeside Drive
`Fort Worth, TX 76179
`Telephone: (682) 444-5725
`
`In Pro Per
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`
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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`GARAN SERVICES CORP., a Corporation,
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`Opposer,
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`
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`vs.
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`
`DUSTIE GASKINS, an individual,
`
`
`Applicant.
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` PROCEEDING NO. 91268168
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`APPLICANT’S PRETRIAL
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`Trademark Serial No. 90/110,592
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`Mark: HUMANIMAL
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`Published: January 12, 2021
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`)
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`APLICANT’S PRETRIAL DISCLOSURES:
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` Pursuant to Trademark Rule of Practice 2.121(e), 37 C.F.R. § 2.121(e), and Federal Rule
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`of Civil Procedure 26(a)(3) as applicable, Dustie Gaskins (“Applicant”), hereby files its Pretrial
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`Disclosures:
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`Applicant Dustie Gaskins will present its own testimony as owner and developer of the
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`trademark HUMANIMAL.
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`Mr. Gaskins will testify about the background, philosophy, creation and characteristics of
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`the trademark HUMANIMAL and the presence of bona fide intent to use of the mark
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`HUMANIMAL and lack of prior knowledge of the existence of GARANIMALS trademarks.
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`In support thereof, Applicant may introduce into evidence, documents and things
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`sufficient to establish (i) opposer’s marks are not famous; (ii) there is no likelihood of confusion
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`between the marks; (iii) dilution is impossible in the present case; (iv) HUMANIMAL’s goods
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`-1-
` Opposition No. 91268168
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`Applicant’s Notice of Motion and Motion for Summary Judgment
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`are sufficiently different from Opposer’s goods; (v) the parties’ costumers do not overlap; (vi)
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`there is no bad faith by Dustie gaskins; (vii) Applicant’s bona fide intent to use the mark; and
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`that (viii) GARANIMAL’S marks are weak
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`Dated: June 18, 2023
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`By:
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`
`Dustie Gaskins
`Applicant
`In Pro Per
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` Opposition No. 91268168
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`Applicant’s Notice of Motion and Motion for Summary Judgment
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`
`
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`IN THE PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`MARK:
`HUMANIMAL
`
`APPLICANT PRO PER:
`Dustie Gaskins
`
`Interlocutory Attorney: Yong Oh
`(Richard) Kim
`Paralegal.: Kelly M. Young
`OPPOSITION NO:
`91268168
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`On June 19, 2023, I caused to be served the within document(s):
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`Applicant's Pretrial Disclosures
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`by placing a copy thereof in a separate envelope for each addressee named hereafter and addressed as follows:
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`G. ROXANNE ELINGS
`DAVIS WRIGHT TREMAINE LLP
`1251 AVENUE OF THE AMERICAS 21ST FL
`NEW YORK, NY 10020
`UNITED STATES
`Primary email: NYC-Trademark@dwt.com
`Secondary email(s): roxanneelings@dwt.com orrinfalby@dwt.com
`ChristineSun@dwt.com
`NicoleMedeiros@dwt.com
`LatoyaTyson@dwt.com
`CelyraMyers@dwt.com
`AlyssaOcchiboi@dwt.com
`212-489-8230.
`Counsel for Opposer Garan Services Corp.
`
`(X)
`
`( )
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`BY MAIL. I am familiar with this firm’s practice of collection and processing correspondence for
`mailing with the United States Postal Service, and that the correspondence shall be deposited with the
`United States Postal Service this same day in the ordinary course of business pursuant to Code of Civil
`Procedure §1013a.
`BY ELECTRONIC SERVICE by electronically mailing a true and correct copy through Applicant’s
`electronic mail system to the e-mail address(s) set forth above, or as stated on the above service list.
`( ) BY PERSONAL SERVICE. I caused said documents to be hand-delivered to the addressee(s) on said
`date below, pursuant to Code of Civil Procedure §1011.
`( ) BY OVERNIGHT DELIVERY. I deposited said document(s) in a box or other facility regularly
`maintained by the express service carrier providing Norco overnight delivery pursuant to Code of Civil
`Procedure §1013(c).
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`I declare under penalty of perjury under the laws of the State of California that the above is true
`and correct. Executed on June 19, 2023, at Fort Worth, Texas
`
`___________________________________
`Dustie Gaskins
`Pro Per
`
`1
`CERTIFICATE OF TRANSMITAL
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`
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