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**""T
`
`'0
`
`12-05-2002
`US. Patent & TMOfclTM Mail Hcpt DI. #58
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD‘
`
`Cancellation No .
`
`:
`
`92 040617
`
`Serial No.:
`
`76/095,091
`
`Registration No.:
`
`2,546,390
`
`Trademark :
`
`BUDDY WASH
`
`)
`)
`)
`)
`
`)
`)
`)
`)
`
`) )
`
`)
`
`BACON PRODUCTS CORPORATION,
`
`Petitioner,
`
`v.
`
`BRENNAN AND JENNIFER
`MELTON— JOHNSON
`
`d/b/a CLOUD STAR,
`
`Respondent.
`
`BOX TTAB
`
`NO FEE
`Assistant Commissioner for Trademarks
`2900 Crystal Drive
`Arlington, VA
`22202-3513
`
`c:
`n:
`
`‘C?
`("'32
`
`,2;
`v_
`:3
`9?
`
`3
`
`:
`
`’
`
`RESPONDENT'S OBJECTION TO PETITIONER’S SECOND RESPONSE
`
`TO RESPONDENT'S REQUEST FOR EXTENSION OF TIME TO
`
`RESPOND TO MOTION FOR SUMMARY JUDGMENT UNDER FRCP 56(f)
`
`Respondent objects to Petitioner's Second Response
`
`(“Second
`
`Response”)
`
`to Respondent's Request for Extension.of Time to Respond
`
`to Motion for Summary Judgment under FRCP 56(f).
`
`Petitioner admits
`
`that “surely responses to reply briefs” are discouraged under TBMP
`
`502.03 (Second Response, pg. 1, para. 2).
`
`The Second Response
`
`should be stricken and not considered by the Board.
`
`

`
`
`
`If the Second Response is considered by the Board,
`
`respectfully requests an appropriate opportunity to file
`
`1w
`
`jRespondent
`1
`
`J114
`
`a Reply to
`
`address the myriad of genuine issues of fact raised by Petitioner's
`
`Second Response.
`
`Petitioner's lengthy Second.Response contains numerous factual
`
`arguments illustrating that summary judgment is not appropriate in
`
`this proceeding.
`
`For
`
`example,
`
`paragraph 6 of Petitioner's
`
`declaration makes an allegation about shelf space location for
`
`medicated and non—medicated pet shampoo products.
`
`The allegation
`
`is provided for analysis by the Board as a Dupont factor and thus
`
`raises a genuine issue of
`
`fact.
`
`Respondent's request
`
`for an
`
`opportunity to conduct discovery to oppose Petitioner's Motion for
`
`Summary Judgment should be granted.
`
`Respectfully submitted,
`
`SPATARO & ASSOCIATES
`
`Dated:
`
`\?_¥\®2,
`
`3,3
`
`
`
`STEPHE A. SPATARO
`CA SBN: 82930
`
`100 Wilshire Blvd., Suite 200
`Santa Monica, CA 90401-1111
`
`Telephone:
`Facsimile:
`E—mail:
`
`(310) 917-4557
`(310) 917-4520
`
`steve@spataro.com
`
`Attorneys for Respondent
`Brennan and Jennifer
`Melton—Johnson dba Cloud Star
`
`

`
` O
`
`CERTIFICATE OF SERVICE
`
`I
`
`I certify that a copy of the foregoing RESPONDENT’S OBJECTION
`TO PETITIONER'S
`SECOND RESPONSE TO RESPONDENT’S REQUEST
`FOR
`
`EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT UNDER
`
`FRCP 56(f) was deposited with Federal Express, overnight courier,
`LLC,
`736 Cherry
`to: Harry
`B. Ray, Esq., Husch & Eppenberger,
`Street, Chattanooga, TN 37402, attorneys for Petitioner, this
`K3
`day of December, 2002.
`
`
`STEPHE A. SPATARO
`Attorney for Respon
`
`CERTIFICATE OF DEPOSIT WITH OVERNIGHT COURIER
`
`I hereby certify that this document was deposited with Federal
`NO FEE
`, Assistant
`Express, overnight courier,
`to:
`BOX TTAB,
`South Tower
`Commissioner
`for Trademarks,
`2900 Crystal Drive,
`Building, Third Floor, Room 3C06, Arlington, VA 22202-3513,
`flflz. day of December, 2002.
`
`this
`
`STEPHE A. SPATA
`
`Attorney for Respondent
`
`\N: \Clients\Melton—Johnson, B . &J\Buddy Wash\pld\Obj ect ion . to. 2ndResponse . wpd

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