Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA620017
`ESTTA Tracking number:
`08/06/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92056074
`Defendant
`Kathleen Duncan dba Unique Casting
`KATHLEEN DUNCAN
`UNIQUE CASTING
`2128 SOUTH MAIN STREET
`WINSTON SALEM, NC 27127
`UNITED STATES
`UniqueCasting.NC@gmail.com, LadyKayDuncan@gmail.com
`Other Motions/Papers
`Kay Duncan
`UniqueCasting.NC@gmail.com
`/Kay Duncan/
`08/06/2014
`Trademark Discovery Document.pdf(4388449 bytes )
`
`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`

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`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`UNIQUE CASTING PARTNERS, LLC
`
`Petitioner
`
`v.
`
`KATHLEEN DUNCAN dba UNIQUE
`CASTING
`
`
`
`
`Registrant
`
`
`
`
`
`
`
`
`
`
`
`Cancellation No. 92056074
`For the Mark Unique Casting
` Registration Number: 3865864
` Registration Date: October 19, 2010
`
`
`
`Honorable Commissioner for Trademarks
`PO Box 1451
`Alexandria, VA 22313-1451
`
`
`REGESTRANT’S INITIAL DISCLOSURES
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`
`
`Kathleen Duncan, (“Registrant”) pro se, hereby submits the following initial disclosures
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`pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, and the Trademark Rule 2.120(a),
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`on Petitioner Unique Casting Partners, LLC (“Petitioner”).
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`INTRODUCTION STATEMENT
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`Discovery and investigation in this case are continuing, and Registrant reserves the right to
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`revise the information set forth herein and produce additional documents in support thereof. By
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`making these disclosures, Registrant does not waive its rights to object to the production of any
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`document or tangible thing disclosed herein based on relevancy, undue burden, the attorney/client
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`privilege, work product doctrine, or any other valid objection or basis with respect to any of the
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`information known to witnesses or contained in documents.
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`1. Fed. R. Civ. P. 26(a)(1)(A)(i). The name and, if known, the address and telephone number of each
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`individual likely to have discoverable information, along with the subjects of that information, that
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`

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`Registrant may use to support its claims or defenses, unless the use would be solely for
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`impeachment.
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`a) Registrant identifies the following individuals likely to have discoverable information:
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`No.
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`Names of Individuals
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`Subjects of Information
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`All subjects
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`All subjects
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`All subjects
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`All subjects
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`All subjects
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`1
`
`2
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`3
`
`4
`
`George Grafas
`1825 West Ave. Bay 8
`Miami Beach, FL 33139
`Benay Sinaiken
`1825 West Ave. Bay 8
`Miami Beach, FL 33139
`Ed Arenas
`LMNT Building
`59 NW 36 ST Miami, FL
`33127
`Kay Duncan
`2128 S. Main Street
`Winston-Salem, NC 27127
`Joe Zapert
`
`
`
`
`
`5
` Nerve Marketing
` 3051 S. Atlantic Avenue
`
`
`
`
`Daytona Beach, FL
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`6
`
`
`
`
`
`
`
`
`
`Darryl Baldwin
`2128 S. Main St
`Winston Salem, NC 27127
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`
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`All subjects
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`b) Subjects of the Information
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`i. Registrants proof of use of the mark starting January 29, 2010
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`ii. Dismissal of irrelevant Promissory Note
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`
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`2. Fed. R. Civ. P. 26(a)(1)(A)(ii). A copy of or description by category and location of, all
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`documents, data compilations, and tangible things that are in Registrant’s possession, custody, or
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`control and that Petitioner may use to support its claims or defenses, unless solely for impeachment.
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`

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`a) The following documents are attached. Registrant reserves the right to list additional
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`documents which it later deems to be relevant based upon further discovery and
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`investigation, or dependent upon Petitioner’s disclosures.
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`i.
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`Pictures of Registrant’s Unique Casting Facebook pages showing Registrant’s
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`use of the mark starting January 29, 2010, showing use of the mark during
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`August 5, 2010 thru August 21, 2010 and thereafter.
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`ii.
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`PDF of Winston Salem Journal Business Milestones July 18, 2010 showing
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`Registrants use of the mark July 18, 2010.
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`iii. Dismissal of irrelevant Promissory Note which Petitioner alleges is relevant
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`dated July 18, 2014 in the circuit court of the 11th Judicial Circuit in and for
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`Miami Dade (Florida) Case No. 12-19210-CA-0. Registrant maintains the
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`promissory note has nothing to do with this matter as Registrant owned the
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`mark in full long before the date of the promissory note which has no validity
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`on this matter.
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`3. Fed. R. Civ. P. 26(a)(1)(A)(iii). A computation of any category of damages claimed by Petitioner,
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`making available for inspection and copying as under Rule 34 the documents or other evidentiary
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`material, not privileged or protected from disclosure, in which such computation is based, including
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`materials bearing on the nature and extent of injuries suffered.
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`a) Notwithstanding the jurisdiction of the Board and its inability to award damages,
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`Registrant maintains that Petitioner’s claim that Petitioner’s alleged fraud in the
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`procurement of its trademark registration has resulted in $150,000.00 worth of
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`damage to Petitioner is moot as Registrant has priority of use and committed no fraud
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`in the procurement of its trademark registration. The documentation Petitioner
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`provided is a promissory note which has been dismissed in civil court July 18, 2014.
`
`

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`Dated: August 6, 2014
`
`Respectfully submitted,
`s/Kay Duncan/
`Kay Duncan, pro se
`Unique Casting®
`2128 S. Main St.
`Winston-Salem, NC 27127
`(336) 293-4174
`UniqueCasting.NC@gmail.com
`
`
`
`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing Registrant’s Initial Disclosures was served to Petitioner
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`via e-mail to uniquecasting.nc@gmail.com and uploaded to DROPBOX this 6th
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` day of August, 2014.
`
`
`
`
`
`s/Kay Duncan/
`Kay Duncan, pro se
`Unique Casting®
`2128 S. Main St.
`Winston-Salem, NC 27127
`(336) 293-4174
`UniqueCasting.NC@gmail.com
`
`

`
`Exhibit A
`Exhibit A
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`

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`Pictures of Registrant’s Unique Casting Facebook pages
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`

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`

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`

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`Exhibit B
`
`PDF of Winston Salem Journal Business Milestones July 18, 2010
`
`http://www.journalnow.com/business/localcolumnists/business-milestones/article_133a7a82-
`22cf-55dd-8094-d67f5a331578.html
`Business Milestones - Winston-Salem Journal: Local
`
`Business Columnists
`
`Business Milestones
`
`Fran Daniel | Posted: Sunday, July 18, 2010 1:00 am
`
`• Targacept Inc., a clinical-stage biopharmaceutical company, recently made these
`promotions among its senior management group.
`
`Dr. Merouane Bencherif, formerly vice president, Preclinical Research, has been
`appointed senior vice president, Preclinical Research.
`
`Jeffrey Brennan, formerly vice president, Business and Commercial Development, has
`been appointed senior vice president, Business and Commercial Development and chief
`business officer.
`
`William Caldwell, formerly vice president, Drug Discovery and Development, has been
`appointed senior vice president, Drug Discovery and Development.
`
`Peter Zorn, formerly vice president, Legal Affairs, general counsel and secretary, has
`been appointed senior vice president, Legal Affairs, general counsel and secretary.
`
`Dr. Geoffrey Dunbar, formerly vice president, Clinical Development and Regulatory
`Affairs, has been appointed senior vice president, Clinical Development and Regulatory
`Affairs. He has also been appointed chief medical officer.
`
`Alan Musso, formerly vice president, chief financial officer and treasurer, has been
`appointed senior vice president, Finance and Administration, chief financial officer and
`treasurer.
`
`Karen Hicks, formerly senior director, Human Resources, has been appointed vice
`president, Human Resources.
`
`Mauri Hodges, formerly senior director, Finance and controller, has been appointed vice
`president, Finance and Corporate Systems and controller.
`
`

`
`• Scott & Stringfellow LLC, BB&T's brokerage firm, has promoted Timothy Mann to
`managing director. Mann, who joined the bank in 2007, is a complex manager who
`manages Scott & Stringfellow's offices and employees in Winston-Salem, Greensboro,
`Raleigh and Greenville.
`
`• NewBridge Bank has appointed Todd D. Rangel as a senior vice president and
`commercial banking manager for Greensboro and Alamance and Rockingham counties.
`Rangel has more than 20 years of banking experience, most of which has been in the
`Piedmont Triad region.
`
`Also, with the acquisition of Bradford Mortgage Co., NewBridge Bank said Paul F.
`Edmond Jr. is a mortgage loan officer at NewBridge Bank's Winston-Salem Bradford
`Mortgage office. Edmond has 38 years of mortgage experience.
`
`• BB&T has promoted Daisy Ruggiero to assistant vice president. Ruggiero, who joined
`the bank in 2006, is an investment counselor in BB&T's Investment Services department
`in High Point. Ruggiero provides investment advice to BB&T clients in High Point,
`Archdale, Trinity, and Thomasville.
`
`Also, BB&T has promoted Scott L. Eckholdt, a native of Clemmons, to city executive
`serving the Elizabeth City area. Eckholdt, who joined BB&T in 2002 is a vice president.
`He was previously the business services officer at BB&T's Morrison Plantation branch
`office in Lake Norman.
`
`• Windsor Jewelers recently added David Garrett to its management team. Garrett has
`more than 30 years of retail jewelry experience in the Triad as well as in Washington and
`Atlanta. Also, Windsor Jewelers has promoted Manuel Morillo to assistant manager.
`
`• Bellomy Research Inc. in Winston-Salem said Joe Cunningham has joined the
`company as a vice president – Social Research Group. Cunningham has extensive
`industry experience and most recently was a vice president of client development at
`Research Now. He will be based in Dallas, Texas.
`
`• Mike Warren recently joined ISP as the assistant general manager of the Pitt ISP
`Sports Network. Warren's years of sales experience include the past seven years with the
`National Hockey League's Tampa Bay Lightning, where he was in a range of roles,
`initially as a corporate account manager and most recently as the director of premium
`seating.
`
`

`
`Also, Scott Gwartz has been named an account executive of the UCLA ISP Sports
`Network. Gwartz most recently worked for Advanced Soccer Media, where he was the
`director of national sales.
`
`Also, Ryan Donckers recently joined ISP as an account executive for the Washington
`State ISP Sports Network, where he will assist the team that sells and markets corporate
`sponsorships for the Cougars. Donckers was most recently an assistant box-officer
`manager for TicketsWest in Spokane, Wash.
`
`• Abby Donnelly and Sandler Training on Piedmont Parkway in High Point recently
`received an award from Rotary International in High Point recognizing their significant
`contributions toward eradicating polio worldwide.
`
`• David E. Adams recently received a graduation diploma from the Graduate School of
`Banking at Louisiana State University. Adams is an assistant vice president for BB&T in
`Winston-Salem. The banking school is sponsored by 15 Southern state bankers
`associations in cooperation with the Division of Continuing Education at LSU.
`
`• The Winston-Salem Chapter of the International Association of Administrative
`Professionals recently elected and installed these members for its 2010-2011 board of
`directors: President – Sherry Waycaster, DataMax Corp.; President-Elect – Emily
`Long, Womble Carlyle Sandridge & Rice PLLC; Vice President – Jo A. Peay, Targacept
`Inc.; Secretary – Patty Atwood, Wake Forest University; and Treasurer – Pat Patterson,
`Merited, R.J. Reynolds Tobacco Co. (retired).
`
`The directors are: Education/Certification – Faith Hill, Cavanaugh & Associated P.A.;
`Student Chapter – Nancy Metcalf, Wake Forest University; Programs – Jacqueline
`Barrett, Branch Banking & Trust Co.; and Publications – Joan Roggenkamp, UNC
`School of the Arts.
`
`• These people and companies recently received Small Business Awards from the
`Kernersville Chamber of Commerce: Chris Thompson of PCI Builders, Small Business
`Person of the Year; Devora Transou of PaperSassy, Minority Small Business Person of
`the Year; Michael J. Fischer of Ameriprise Financial, Small Business Advocate of the
`Year; and BB&T/Kernersville, Duke Energy Citizenship & Service Award.
`
`• The Center for Creative Leadership in Greensboro ranked No. 3 overall – up three
`spots from last year – in the recently released 2010 Financial Times worldwide survey of
`executive education. This is the center's highest ranking since it began taking part in the
`survey in 2002. The survey ranked 50 institutions globally.
`
`

`
`• David Turnipseed of Kernersville recently placed first in his division at the 2010 North
`Carolina State Truck Driving Championship in Smithfield. Turnipseed, a driver for Con-
`way Freight, won first place honors in the 3-Axle division. He was also named Grand
`Champion for North Carolina. He is based out of Con-way Freight's service center in
`Winston-Salem.
`
`• Kay Duncan recently opened Brass Balls Pawn, a pawn shop at 2128 S. Main St. in
`Winston-Salem. Offerings include gold jewelry, tools, and hunting and fishing gear.
`Duncan is also a gun dealer.
`
`She also operates Unique Casting, a major motion-picture casting business, out of the
`pawn shop location. She owns the casting company with her boyfriend, Darryl Baldwin.
`Appointments are required. Unique Casting primarily works with agents but will also set
`up appointments with individuals.
`
`• Asthma and Allergy Associates in Winston-Salem recently joined Cornerstone Health
`Care, providing evaluation and treatment of asthma and allergic diseases for children and
`adults. Dr. Robert M. Ross is the doctor at Asthma and Allergy Associates. He began
`his practice in Winston-Salem in 1981.
`
`• Alveta S. Henderson, a certified physician assistant, recently joined High Point Family
`Practice, a Cornerstone Health Care practice. Prior to joining Cornerstone, she worked as
`a physician assistant at Alpha Medical Clinics Internal Medicine and Primary Care in
`Greensboro.
`
`• Wake Forest University Baptist Medical Center recently announced these awards and
`recognitions:
`
`The American Diabetes Association has given its Education Recognition Award to Wake
`Forest University Baptist Medical Center for its Diabetes Self-Management
`Program. The award is given to programs that demonstrate adherence to national
`standards by providing quality diabetes education to patients, their families and the
`community.
`
`The Wake Forest University School of Medicine 2009-2010 On-Line Educational
`Program series of Northwest Area Health Education Center (AHEC) has received the
`first ever National AHEC Award for Excellence in Learning Resources. This award is
`presented to organizations that have telecommunication, distance learning, library, or
`resource systems designed for enhancing AHEC programs.
`
`

`
`Steve N. Scoggin, the president of CareNet of North Carolina, has been elected to the
`board of directors for the Autism Society of North Carolina.
`
`Dr. Karen R. Gerancher, an assistant professor, section head of gynecology and
`residency program director for the Department of Obstetrics and Gynecology at Wake
`Forest University Baptist Medical Center, has been appointed by Gov. Beverly Perdue to
`the N.C. Medical Board.
`
`Dr. Allison Brashear, the professor and chairwoman of the Department of Neurology at
`Wake Forest University Baptist Medical Center, has been awarded the 2010 YWCA
`Woman of Vision Award.
`
`Dr. David C. Goff Jr., a professor and chairman of the Department of Epidemiology and
`Prevention and professor in the Department of Internal Medicine at Wake Forest
`University Baptist Medical Center, recently received the 2010 National Forum Public
`Policy Award from the National Forum for Heart Disease and Stroke Prevention.
`
`Scott Gayzik, a senior research associate, and Dan Moreno, a research assistant of the
`Virginia Tech-Wake Forest University School of Biomedical Engineering and Sciences
`Center for Injury Biomechanics, have been awarded first place in the 2010 Mimics
`Innovation Awards for their project, "The Development of Full Body Geometrical Data
`for Finite Element Models."
`
`Lijun Tang, a research fellow for the Center of Research for Obstetrics and Gynecology
`at Wake Forest University Baptist Medical Center, has received the Research
`Recognition Award from the Endocrinology and Metabolism Section of the American
`Physiological Society.
`
`If you have an announcement for this column, send it to the Winston-Salem Journal, P.O.
`Box 3159, Winston-Salem, NC 27102, or e-mail to business@wsjournal.com. Please
`include a spokesman's name and contact number. Announcements must be received by
`noon the Wednesday before publication.
`
`
`
`
`
`

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`Exhibit C
`
`Dismissal of irrelevant Promissory Note