Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA459264
`ESTTA Tracking number:
`02/29/2012
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92054966
`Defendant
`Cook Collection Attorneys, P.L.C.
`DAVID J COOK
`COOK COLLECTION ATTORNEYS PLC
`165 FELL STREET
`SAN FRANCISCO, CA 94102
`UNITED STATES
`cook@squeezebloodfromturnip.com, mbaron@cookcollectionattorneys.com
`Other Motions/Papers
`David J. Cook (SBN # 060859)
`MBARON@COOKCOLLECTIONATTORNEYS.COM,
`COOK@SQUEEZEBLOODFROMTURNIP.COM
`/djc/
`02/29/2012
`smith ttab dec.pdf ( 8 pages )(420782 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`Attachments
`
`

`
`s\DOO\lC‘\LI1-hbJl\J
`
`11
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`SCOTT R. SMITH, an individual,
`
`Petitioner,
`
`VS.
`
`COOK COLLECTION ATTORNEYS,
`P.L.C., a California corporation,
`
`Respondent.
`
`“"\&€&%%/%%%%%
`
`Cancellation No. 92054966
`Registration No. 3257604
`
`DECLARATION OF DAVID J. COOK, ESQ. IN SUPPORT OF REPLY TO PETITIONER
`SCOTT SMITH’S RESPONSE TO COOK COLLECTION ATTORNEYS, P.L.C.’S
`MOTION FOR ENTRY OF PREFILING ORDER
`
`I, DAVID J. COOK, hereby declare and state as follows:
`
`1.
`
`I am the Respondent in the above-entitled action, am duly authorized to practice before
`
`all courts in the State of California, and am familiar with the facts and circumstances in this action.
`
`2. Attached hereto marked Exhibit “A ” is a true and correct copy of the website for
`
`Lanphier & Associates.
`
`3. Declarant has been practicing in the area of consumer and commercial debt collection
`
`and enforcement ofjudgments since December of 1974. Declarant has read thousands of credit
`
`files, bank files, and related financial materials which revealed credit reports of the debtor or
`borrower. In the last I5 years, personal infonnation of a debtor is available through various non-
`
`invasive services which provide public record searches, as opposed to credit reports. Various
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`commercial services today will sell for between $10-$15, more or less, investigatory reports on
`
`individuals, nearly all of it public records information. Declarant is a current subscriber to
`
`Westlaw and have available People Map. Declarant was a former subscriber to LexisNexis. Many
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`client files might reveal, in part or in whole, some type of credit reporting. All of these services
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`would reveal whether or not the debtor or borrower filed bankruptcy. The fact that a debtor or
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`borrower filed bankruptcy is critical to anybody making a credit decision or seeking to enforce a
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`debt. Therefore, Mr. Lanphier’s website suggesting that the business world would have no
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`knowledge of a bankruptcy is completely in error.
`
`-1-
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`

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`4. The fact that somebody has filed bankruptcy would routinely come to the attention of
`
`credit card issuers, department stores, banks, financiers, lenders, or anybody else engaging in some
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`type ofcommercial or consumer credit. Declarant is aware of this fact as Declarant over many
`
`years has represented a large anagram of consumer creditors.
`
`5. The prosecution of the Petitions filed by SMITH has unfortunately caused the
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`Respondent to invest a significant amount of time and effort which otherwise could have been
`
`expended on behalf of other matters and for other clients. Given that Respondent has not appeared
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`in this court, Respondent and Respondent’s office expended additional time through the “leaming
`
`curve process." The upshot of responding to these Petitions is the unbelievable loss of time in
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`dealing with these matters which could have been spent elsewhere. If SMlTH’s goal was to cause
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`Respondent to suffer a loss of time, effort and money, SMITH succeeded beyond his wildest
`
`dreams. Respondent therefore respectfully requests that this court issue a prefiling order to protect
`_,,~r—‘~"“'"“ '~\
`
`I declare under penalty of perjury under the laws of the State of California hat the
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`Respondent from SMlTH’s campaign of destruction.
`
`foregoing is true and correct.
`
`Executed on February 29, 2012 at San Francisco, Califomia. .
`
`,
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`
`
`F:\USERS\DlCNEW\cook trademarkreply response!’
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`A
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`I
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`

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`E_X.1=l@I_1_*:&
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`Lanphier & Associates - FAQ
`
`Page 1 0”
`
`Home
`
`About
`
`information
`
`FrcquontQuestions
`
`Contact
`
`
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`
`FAQ > Personal Bankruptcy
`
`Common Questions of Personal Bankruptcy
`
`Here are a few common questions many have asked with the answers from our experienced bankruptcy attorneys. It you have any common
`questions, please call us at 916-447-0222 or complete our FREE,oons,tlflatio11 form.
`
`1. Will I lose anything if I file for personal bankruptcy?
`
`Generally. you may file a bankruptcy and retain all of your personal belongings. including your house. your car and all household goods.
`Lanphier & Associates will make sure that all of your personal belongings are protected. If you owe more on your car than the car is worth.
`the bankruptcy court will not sell your car. because after sale there would be no money left over to make a distribution to your creditors. The
`same goes for your home and personal property. Even if your property is worth more than what is owed on it. usually we can use the state
`bankruptcy exemptions to protect these items.
`
`You may be more at risk ol losing property if you don't tile bankruptcy, as creditors can sue you and attach your bank accounts. garnish your
`wages and attach and seize your property. As a result. you may miss rent. mortgage or car payments, making it difficult to provide even
`your most basic necessities.
`
`2. When do I get relief from creditor harassment?
`
`Immediately. As soon as you come into our office. we will give you a client record number and you will then refer all future creditor calls to
`your bankruptcy attorney at Lanphier 8. Associates. No more credit card payments and no more harassment immediately upon retaining
`Lanphier 8. Associates.
`
`http://www.lanphierlaw.com/faq/
`
`2/28/2012
`
`

`
`Lanphier & Associates - FAQ
`
`Page 2 of 4
`
`3. Does my spouse have to file jointly with me?
`
`If all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse.
`unless he or she is legally a co-debtor on the debt. Additionally. the bankruptcy should not be reflected on the non-filing spouse's credit
`report. The law does vary. however. from state to state so make sure you ask a Lanphier 8. Associates bankruptcy attorney about whether
`or not your spouse has to file.
`
`4. Who knows about my personal bankruptcy case?
`
`The only parties that receive notice of the bankruptcy are your creditors. the bankruptcy court and the IRS. Generally, the bankruptcy will
`have no effect whatsoever on your taxes. Your employer will not be notified of the bankruptcy unless your employer is also a creditor. The
`bankruptcy is public record. so anyone who wants to find out could determine that you had filed. Generally. however. only you. your
`creditors and the IRS will know about the bankruptcy.
`
`5. Will I be able to rent after I file personal bankruptcy?
`
`There were over 1 million bankruptcies filed in the United States last year alone. Common sense will tell you that these people are not all
`living on the street. If you are presently renting a home or apartment. usually your present landlord will renew your lease without running an
`updated credit report. and will have no knowledge that you even filed a bankruptcy.
`
`If you are applying for a new lease. there could be some slight difficulties that n easily be overcome. We have found that larger leasing
`companies usually have stricter policies regarding leasing to applicants with blemished credit. Remember that it is the blemished credit
`report. not necessarily the bankruptcy that is refiecting poorly on your application. Also, with no outstanding debt. you may appear to be a
`better risk than other applicants who have outstanding debt and blemished credit reports. We find that a good faith gesture, such as offering
`an extra month security deposit. may be enough for a potential lessor to overcome her concerns about your blemished credit.
`
`6. How do I know if I should file personal bankruptcy?
`
`‘Are you calling because you are being sued??lf you are being sued. and you own a home. we strongly urge you to speak with a Lanphier 8.
`Associates representative immediately about filing a bankruptcy. A bankruptcy will stop a lawsuit immediately and prevent your creditors
`from placing a lien on your home or garnishing your hard-earned wages.
`
`‘Is your home being foreclosed or is your car about to be repossessed? if it is. very often bankruptcy may prevent the foreclosure action or
`repossession from proceeding and allow you to consolidate your mortgage arrears or automobile balance and make payments on those
`debts over time through a payment plan designed by us with your help. If your house is being foreclosed or your car is about to be
`repossessed. Chapter 7 bankruptcy may not be an option. Chapter 13 bankruptcy may save your house and your car.
`
`‘Do credit cards or medical bills have you so deep in debt that it is hard for you to save for the future? If you are only paying the minimum
`payment on the credit card bills from month to month (generally from two to three percent of the outstanding balance). and the interest rate
`is only 15%. you will take about 20 years to pay off a $10.000 debt. Do you reatly want to be in the same financial situation in twenty years?
`Chapter 7 bankruptcy can provide you with a fresh start that you are entitled to under the law and get you out of debt NOW.
`
`;
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`http://www.lanphierlaw.com/l'aq/
`
`2/28/2012
`
`

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`Lanphier & Associates - FAQ
`
`Page 3 0f4
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`7. is filing personal bankruptcy immoral or does it make me a bad person?
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`Everyone is entitled to a fresh start. Many times. events occur in people's lives that cannot be expected. You may have had a sudden loss in
`income, a family medical catastrophe. a work injury, or any one of numerous other difficulties that would have been almost impossible for
`which to plan. Most of the people that we represent are good people who have encountered unfortunate circumstances and just want to get
`a fresh start. We understand that for most of our clients bankruptcy is the last resort. Many of our clients have a very dilficult time
`determining if personal bankruptcy is the right decision for them.
`
`You must ask yourself? Are the credit card companies concerned about your financial difficulties? Are you paying your creditors instead of
`saving for your children's education or your retirement? When is the last time you took a vacation? Lanphier 8. Associates believes that it is
`very important for an attorney to provide both bankruptcy and non-bankruptcy alternatives. We believe in giving you our honest opinion as to
`what will put you in the best possible financial condition now and into your future. The client always comes firsl. Please call. 916-447-0222
`to speak with a Lanphier & Associates bankruptcy attorney about the issues you should consider when deciding whether or not bankruptcy
`is for you.
`‘
`
`8. How do I choose a personal bankruptcy attorney?
`
`when considering filing a personal bankruptcy. you want to be advised by someone who is familiar and experienced with all of the “ins and
`outs‘ of bankruptcy law. Especially when you own a home or car or have other assets that you are trying to protect. you do not want your
`advice from an attorney who knows a little bit about a lot of different areas of law. but not a lot about bankruptcy. At Lanphier & Associates
`we spend almost all of our time on bankruptcy and getting people just like you out of debt. when you call a bankruptcy attorney for
`information regarding bankruptcy. ask him exactly how many bankruptcies he has done and see if his experience comes close to Lanphier &
`Associates. Educate yourself about your options. but be educated by someone who is qualified.
`
`if you can find a law firm with the same level of experience as Lanphier 8. Associates. and one who prides himself on client service. as we
`do. let lees be your deciding factor.
`
`Lanphier 8. Associates will provide you with a range of fair fees right over the phone. Beware of any bankruptcy attorney who refuses to give
`you a fee quote over the phone. Lanphier 8. Associates will quote you a fee right over the phone. before wasting any of your time.
`
`Many bankruptcy attorneys charge lees of $2.000 or more for a straight forward Chapter 7 bankruptcy. At Lanphier 8. Associates we do not
`believe that a consumer debtor should have to pay that much money to get a fresh start. We provide high quality legal representation. often
`at a fraction of the cost. Do not let anyone tell you that we could not possibly provide the same quality service at such low fees. We have
`thousands of clients to speak for our reputation of excellence. The fees we charge are commensurate with the work performed in your case.
`and since Lanphier 8. Associates has combined the highest levels of technology along with experienced bankruptcy attorneys, we are able
`to pass the cost savings on to you.
`
`As for no money down firms, beware. Make them quote you the entire fee up front before you go into their office. Do not waste your time
`finding out that you will be paying them hundreds of dollars more than you would have by using Lanphier & Associates. They will try to
`convince you how important it is to have your case filed immediately. What they will not tell you. is that as soon as you retain Lanphier &
`Associates. for as little as $100 down. we will take all future calls from your creditors and the creditor harassment will stop. In most
`instances. taking a month or two to pay Lanphier & Associates the balance of your fee will not allow the creditors enough time to garnish
`your wages. When you speak to an attorney here. we will tell you if you are in any danger of losing anything by waiting. Please remember
`that if you need your case filed immediately Lanphier & Associates may be able to work with you. By waiting a short time until you can pay
`some or all of our fees. you will usually save hundreds of dollars and cost yourself nothing.
`
`9. Can I get rid of student loans or tax debts?
`
`Any bankruptcy attorney must have a sophisticated understanding of bankruptcy law to deal with student loan and tax debts. Until October
`
`http://www.lanphierlaw.com/faq/
`
`2/28/2012
`
`

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`Lanphier & Associates - FAQ
`
`Page 4 054
`
`1998. student loans were discharged through Chapter 7 bankruptcy if the first payment on the loan became due more than seven years
`prior to the date of filing. In October 1998. President Clinton signed a new law into effect that disqualified all student loans from discharge.
`Lanphier & Associates can still help you obtain relief from your student loan debts through the use of Chapter 13 bankruptcy. Under Chapter
`13 bankruptcy. our attorneys can consolidate your student loan debt. along with any other outstanding bills. and arrange an interest free
`repayment plan, so that you do not have to suffer through the burden of garnishments. harassment and other collection efforts by student
`loan agencies. We may even be able to reduce the amount paid to the student loan agency during the course of your Chapter 13
`bankruptcy so that your consolidation payment is as low as possible. if you would like to find out more about how Lanphier & Associates can
`ease the burden of student loan debts through the use of Chapter 13. call 916-447-0222 to speak directly with a Lanphier 8. Associates
`attorney.
`‘
`
`Tax debts are generally subject to discharge only if you file personal bankruptcy more than three years after you file a timely, truthful tax
`return. if your return is filed late, the taxes are generally discharged only if you file bankruptcy more than two years after filing a truthful tax
`return. Of course, these are general rules and you should speak with a Lanphier & Associates representative who will perform a detailed
`analysis of these issues.
`
`10. Can I get credit after filing personal bankruptcy?
`
`Although bankruptcy may legally be reported to your credit report for up to 10 years. you can begin to reestablish your credit immediately.
`Remember that "credit" is your ability to borrow money. Lenders consider many factors while determining whether to loan you money, but
`most importantly, they consider your debt-to-income ratio. You are probably visiting this site because you already have more outstanding
`debt than you have the ability to pay. So, arguably, you do not have credit.
`
`Filing eliminates most. if not all of your debts. therefore reducing your debt-to-income ratio. potentially improving your ability to borrow
`money in the future. Some financial institutions actively solicit business from people who have filed. Lenders are in business to make money
`by lending you money and charging you interest. Lenders know that once you have filed. you will not be able to file again for 6 years.
`
`Many of our clients have purchased cars immediately upon receiving their discharge orders. Many lenders have programs that provide for
`post-bankruptcy borrows to obtain home financing within a year or two after a discharge. Many of our clients even receive solicitations for
`unsecured credit cards almost immediately upon receiving their discharge. Lanphier & Associates just wants to advise you to be careful not
`to get back into the credit card "trap".
`
`CALL 916-447-0222 TO SPEAK DIRECTLY WITH AN ATTORNEY. BY THE WAY, WE
`ARE OPEN FOR BUSINESS MONDAY THROUGH SATURDAY!
`
`2511 Lanphier & Associates. All Rights Reserved.
`
`Legal Disclaimer! Privacy Policy
`
`http://www.lanphierlaw.com/faq/
`
`2/28/2012
`
`

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`.—o
`
`'—'©©OO\lCa\KII-5'uJl\)
`
`-—-u—-
`
`r— Ix)
`
`CERTIFICATE OF SERVICE
`
`SCOTT R. SMITH
`
`5714 Folsom Blvd., Suite 140
`Sacramento, CA 95819
`
`I declare:
`
`I am employed in the County of San Francisco, California. I am over the age of eighteen
`(18) years and not a party to the within cause. My business address is 165 Fell Street, San
`Francisco, CA 94102. On the date set forth below, I served the attached:
`
`MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO PETITIONER
`SCOTT SMITH’S RESPONSE TO COOK COLLECTION ATTORNEYS, P.L.C.’S
`MOTION FOR ENTRY OF PREFILING ORDER
`
`DECLARATION OF DAVID J. COOK, ESQ. IN SUPPORT OF REPLY TO
`PETITIONER SCOTT SMITH’S RESPONSE TO COOK COLLECTION
`ATTORNEYS, P.L.C.’S MOTION FOR ENTRY OF PREFILING ORDER
`
`on the above-named person(s) by:
`
`X (BY MAIL) Placing a true copy thereof, enclosed in a sealed envelope with postage
`thereon fully prepaid, in the United States mail at San Francisco, California, addressed to the
`person(s) served above.
`
`,4
`
`I declare under penalty of perjury under the laws otifhe State of California that the
`foregoing is true and correct.
`
`
`
`/
`Executed on February 29, 2012 at San Frairc
`/
`
`C
`
`, Ca 'fomia.
`
` atthew Baron