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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`January 31, 2022
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`Opposition No. 91271041
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`Monster Energy Company
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`v.
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`NetSPI, LLC
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`
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`Victoria von Vistauxx, Paralegal Specialist:
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`On December 1, 2021, the Board issued a notice of default against Applicant for
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`its failure to file an answer to the notice of opposition (8 TTABVUE). On December
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`30, 2021, Applicant filed a response to the notice of default and a consented request
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`to suspend this proceeding to allow the parties to continue their settlement efforts. 9
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`TTABVUE.
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`Whether default judgment should be entered against a party is determined in
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`accordance with Fed. R. Civ. P. 55 (c), which reads in pertinent part: “for good cause
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`shown the court may set aside an entry of default.” As a general rule, a good cause to
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`set aside a defendant’s default will be found where the defendant’s delay has not been
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`willful or in bad faith, when prejudice to the plaintiff is lacking, and where the
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`defendant has a meritorious defense. See Fred Hyman Beverly Hills, Inc. v. Jacques
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`Barnier, Inc., 21 USPQ2d 1556 (TTAB 1991).
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`Opposition No. 91271041
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`In view of the reasons given in the response to the notice of default, the Board is
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`persuaded that the forgoing reasons constitute good cause to set aside Applicant’s
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`notice of default. The Board finds that there is no evidence that the Applicant’s failure
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`to timely file its answer to the notice of opposition was willful or the result of gross
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`negligent.
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`In view thereof, Applicant’s request to set aside the notice of default is
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`GRANTED. The notice of default issued on December 1, 2021, is hereby discharged.
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`The parties request to suspend this proceeding for ninety (90) days is granted.
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`Because the parties are negotiating for a possible settlement of this case,
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`proceedings are SUSPENDED, subject to the right of either party to request
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`resumption at any time.1 See Trademark Rules 2.117(c) and 2.127(a); and TBMP §
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`605.02.
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`If, during the suspension period, either of the parties or their attorneys have a
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`change of address or email address, the Board should be so informed.2 See Trademark
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`Rule 2.18(b)(1).
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`In the event that there is no word from either party concerning the progress of
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`their negotiations, upon conclusion of the suspension period, proceedings shall
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`1 The parties should note that if proceedings are suspended for a lengthy period of time
`pursuant to the filing of several motions to suspend for settlement, the Board retains
`discretion to condition the approval of any future consented or stipulated motion to suspend
`on a party or the parties providing necessary information about the status of settlement talks,
`discovery activities, or trial activities, as may be appropriate. See Trademark Rule 2.117(c).
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` 2
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` If the parties are (or during the pendency of this proceeding become) parties to another
`proceeding involving the subject application/registration, the parties must notify the Board
`so the Board can consider whether consolidation or suspension of proceedings is appropriate.
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`2
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`Opposition No. 91271041
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`resume without further notice or order from the Board, upon the schedule set
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`forth below.
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`Answer is due by MAY 2, 2022. An answer must be filed through ESTTA, the
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`Board’s Electronic System for Trademark Trials and Appeals. See Trademark Rule
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`2.106(b)(1).
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`Conferencing, disclosure, discovery, and trial dates are reset as follows:
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`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`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
`
`6/1/2022
`6/1/2022
`7/1/2022
`10/29/2022
`11/28/2022
`1/12/2023
`2/26/2023
`3/13/2023
`4/27/2023
`5/12/2023
`6/11/2023
`8/10/2023
`9/9/2023
`9/24/2023
`10/4/2023
`
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, the
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`manner and timing of taking testimony, matters in evidence, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`3
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`Opposition No. 91271041
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the following criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text-searchable.
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re-filing. Note:
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`Parties are strongly encouraged to check the entire document before filing.3 The
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`Board will not extend or reset proceeding schedule dates or other deadlines to allow
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`time to re-file documents. For more tips and helpful filing information, please visit
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`the ESTTA help webpage.
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`3 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`4
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