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`By the Board:
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`Notice of Default
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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
`
`January 31, 2023
`
`Opposition No. 91281661
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`Monster Energy Company
`
`v.
`
`MashUp LLC
`
` On December 29, 2022, the Board issued a notice of default pursuant to Fed. R.
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`Civ. P. 55(a) after Applicant failed to timely file an answer. 4 TTABVUE. On January
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`3, 2023, Applicant filed a timely response to the notice of default in the form of a
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`motion to set aside default. 5 TTABVUE.
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` The determination of whether default judgment should be entered against a party
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`is made in accordance with Fed. R. Civ. P. 55(c), which reads in pertinent part: “for
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`good cause shown the court may set aside an entry of default.” As a general rule, good
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`cause to set aside a defendant’s default will be found where the defendant’s delay has
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`not been willful or in bad faith, when prejudice to the plaintiff is lacking, and where
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`defendant has a meritorious defense. See Fred Hayman Beverly Hills, Inc. v. Jacques
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`Bernier Inc., 21 USPQ2d 1556, 1557 (TTAB 1991) (failure to answer due to
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`
`
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`Opposition No. 91281661
`
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`inadvertence on part of applicant’s counsel; answer had been prepared and reviewed
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`by applicant but counsel inadvertently failed to file it; nine-day delay would cause
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`minimal prejudice; by submission of answer which was not frivolous meritorious
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`defense was shown). The determination of whether default judgment should be
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`entered against a party lies within the Board’s sound discretion. In exercising that
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`discretion, the Board is mindful of the fact that it is the policy of the law to decide
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`cases on their merits, where possible, and therefore only reluctantly enters judgment
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`by default for failure to timely answer. See TBMP § 312.02.
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` The Board has considered Applicant’s response, and finds that Applicant shows
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`good cause to set aside the notice of default. Based on the foregoing, the notice of
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`default is set aside and default judgment will not be entered.
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`Schedule
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` Proceedings are resumed. Time to answer, conference, discovery and trial dates
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`are reset as follows.
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`Time to Answer
`Deadline for Required 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
`
`
`
`2
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`3/2/2023
`4/1/2023
`4/1/2023
`5/1/2023
`8/29/2023
`9/28/2023
`11/12/2023
`12/27/2023
`1/11/2024
`2/25/2024
`3/11/2024
`4/10/2024
`6/9/2024
`7/9/2024
`7/24/2024
`8/3/2024
`
`
`
`Opposition No. 91281661
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`
`
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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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`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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`It is the responsibility of each party to ensure that the Board has the party’s
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`current correspondence address, including an email address. TBMP § 117.07.
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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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`
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`3
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`
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`Opposition No. 91281661
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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. 1 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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`1 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`4
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