Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
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`ESTTA Tracking number:
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`ESTTA1204784
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`Filing date:
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`04/25/2022
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Proceeding no.
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`91273412
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`Party
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`Correspondence
`address
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`Defendant
`Aubray McPherson,
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`AUBRAY MCPHERSON
`6337 W AVENUE J2
`LANCASTER, CA 93536
`UNITED STATES
`Primary email: aubray@webjedininja.com
`877-237-9069 x6
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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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`Other Motions/Submissions
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`Aubray McPherson
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`amcpherson@projecteducate.us
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`/Aubray McPherson/
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`04/25/2022
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`Attachments
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`Motion To Strike From Record- LucasFilms.pdf(185095 bytes )
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`Opposition No.: 91273412
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`March 29th, 2022
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`ATTN:
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`RE:
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`DAVID M. KELLY
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`Opposition No. 91273412
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`KELLY IP, LLP
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`Serial No. 90572201
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`1300 19th STREET, NW, SUITE
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`300
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`Case Filing Name:
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`WASHINGTON, DC 20036
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`Lucasfilm Ltd. LLC, Lucasfilm Entertainment Company Ltd.
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`LLC
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`v.
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`McPherson, Aubray
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`DEFENDANT’S MOTION TO STRIKE FROM RECORD “OPPOSER’S REPLY IN SUPPORT
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`OF ITS MOTION TO STRIKE APPLICANT’S ANSWER AND ENTER DEFAULT
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`JUDGMENT”
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`Pursuant to Cal Code Civ Proc § 412.20, TBMP § 506 et seq., Fed. R. Civ. P. 8 and 12(f), Aubray
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`McPherson, (collectively referred to as the Applicant) requests that the Plaintiffs motion “Opposer’s
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`Reply In Support of It’s Motion To Strike Applicant’s Answer and Enter Default Judgement” submitted
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`by Lucasfilm Ltd. LLC, Lucasfilm Entertainment Company Ltd. LLC (collectively referred to as the
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`Opposers) requests the Opposer’s recent record to be stricken from the record and not used as a
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`considering factor in this case due to the Opposers identifying an unknown 3rd party within their recent
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`submission as being referenced to as the “Defendant” or otherwise known as the “Applicant”.
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`1
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`Opposition No.: 91273412
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`Cal Code Civ Proc § 412.20
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`Pursuant to Cal Code Civ Proc § 412.20, a “Defendant” must be properly identified to ensure that
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`any judgement rendered is rendered and recorded accurately to a defendant’s legal name. As seen in the
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`motion filed on March 29th, 2022, by the Opposers, within the body of their motion, identified an
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`unknown 3rd party by the name of “Aubrey McPherson”. This not being the legal name of the Defendant,
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`shows possible cause that the filed motion or claims made by the Plaintiff do not or are not associated to
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`this case and therefore the Applicant respectfully asks the Trademark Trial and Appeals Board
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`(collectively referred to as TTAB) to strike this motion from the official record and any information
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`shared within not to be considered.
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`TBMP § 506 et seq., Fed. R. Civ. P. 8 and 12(f)
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`In following the same suggested rule(s) of the Opposers, it should be noted and compared that in
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`the Opposers previous motions they stated the response provided by the Applicant should be stricken
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`from the record based on the initial response being inappropriately formulated. However, the Opposers
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`have created an inaccurate record as it pertains this case and to whom the Applicant is. Based on this
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`filing the Applicant respectfully asks the TTAB to remove this motion from the official record and not to
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`consider any information shared within. The Applicant respectfully again denies all allegations and
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`requests that the Opposers to only submit motions moving forward that offer a true and accurate recording
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`of the Applicant’s legal name.
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`Conclusion
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` In closing, it again is the request of “this” Applicant to have the Opposers recent motion stricken from
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`the record in its entirety, while also respectfully requesting the TTAB to consider the continuance of court
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`proceedings or to close these current proceedings with a judgement in the Applicant’s favor as the
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`Opposers have fail to prove to show a connection between WEBJEDININJA & JEDI. The Applicant
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`continues to deny all allegations of the Opposers as it pertains to Dilution of Blurring 15 U.S.C. §
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`1125(c)(1) and damages which could be created if the publication WEBJEDININJA were to continue in its
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`Opposition No.: 91273412
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`publication
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`3
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`Opposition No.: 91273412
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`Respectfully Submitted:
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`Ms. Aubray McPherson
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`aubray@webjedininja.com
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`1-877-237-9069 ext. 6
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`(Self-Represented)
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`4
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`Opposition No.: 91273412
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`CERTIFICATE OF SERVICE
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`I certify that a true and accurate copy of the foregoing DEFENDANT’S OPPOSITION TO
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`PLAINTIFFS’ MOTION TO STRIKE was served by email on April 24th, 2022, to all representing
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`Opposers on record at the following email addresses:
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`david.kelly@kelly-ip.com
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`linda.mcleod@kelly-ip.com
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`clint.taylor@kelly-ip.com
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`larry.white@kelly-ip.com
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`/Anthon Beck/
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`anthony@webjedininja.com
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`Administrative Assistant to Ms. Aubray McPherson
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`1-877-237-9069 ext. 10
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`5
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