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ESTTA Tracking number:
`
`ESTTA1335556
`
`Filing date:
`
`01/22/2024
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91281862
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Rachel Ryan, RN LLC
`
`BRADLEE FRAZER
`HAWLEY TROXELL ENNIS & HAWLEY, LLP
`877 W. MAIN STREET
`SUITE 1000
`BOISE, ID 83702
`UNITED STATES
`Primary email: bfrazer@hawleytroxell.com
`Secondary email(s): kmcknight@hawleytroxell.com, ipstaff@hawleytroxell.com
`208-388-4875
`
`Other Motions/Submissions
`
`Bradlee Frazer
`
`BFrazer@hawleytroxell.com, KMcKnight@hawleytroxell.com, DStin-
`nett@hawleytroxell.com, ipstaff@hawleytroxell.com
`
`/Bradlee Frazer/
`
`01/22/2024
`
`2024-01-22 Progress Report re Settlement Negotiations - KISSRX SN 971
`55618.pdf(7308 bytes )
`
`

`

`IN THE UNITED STATES PATENT & TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding No. 91281862
`
`PROGRESS REPORT RE:
`SETTLEMENT NEGOTIATIONS
`
`) )
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`KISS NAIL PRODUCTS, INC.,
`
`Plaintiff,
`
`vs.
`
`RACHEL RYAN, RN LLC,
`
`Defendant
`
`Per the Trademark Trial and Appeal Board Paralegal Specialist’s instructions set forth in
`
`the Extension of Time Granted, dated November 27, 2023, the parties hereby submit this Status
`
`Report setting forth the progress the parties are making with regard to settlement negotiations in
`
`the above-referenced proceeding. Since the settlement negotiations are still ongoing, the parties
`
`wish to file another 60-day Consent Motion to Extend, attaching this Progress Report.
`
`The parties have engaged in settlement negotiations that entail the negotiation of a
`
`Consent and Coexistence Agreement to be entered into by the parties. Plaintiff has indicated that
`
`such an Agreement is amenable. Defendant has sent a proposed Consent and Coexistence
`
`Agreement to Plaintiff’s counsel on December 22, 2022. Once Plaintiff has reviewed and
`
`provided revisions, the parties can negotiate, finalize, and execute the Agreement.
`
`Plaintiff’s counsel has notified the Defendant’s counsel on January 19, 2024, that he will
`
`commit to a settlement response by the end of January 2024. Defendant expects that the parties
`
`59474.0002.16725091.1
`
`

`

`will take the necessary steps to conclude this matter before the 60-day Consent Motion to
`
`Extend, if granted, expires. That is, before March 21, 2024.
`
`Respectfully submitted this 22nd day of January, 2024.
`
`HAWLEY TROXELL ENNIS & HAWLEY LLP
`
`By /Bradlee R. Frazer/ .
`Bradlee R. Frazer
`Attorneys for Defendant
`HAWLEY TROXELL ENNIS & HAWLEY LLP
`877 Main Street, Suite 200
`P.O. Box 1617
`Boise, Idaho 83701-1617
`Tel.: (208) 388-4875
`Fax: (208) 954-5216
`
`2
`
`59474.0002.16725091.1
`
`

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