`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`Mailed: April 3, 2014
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`Cancellation No. 92058369
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`Under Armour, Inc.
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`v.
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`S&O Innovations, LLC
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`nmt
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`M. Catherine Faint,
`Interlocutory Attorney:
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`The stipulated protective agreement filed on March 12,
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`2014, is noted.1 The parties are referred, as appropriate,
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`to Trademark Rule 2.126(c) and TBMP §§ 412.02, et seq. (3d
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`ed. rev.2 2013.2
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`The parties are advised that only confidential or trade
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`secret information should be filed pursuant to a stipulated
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`protective agreement.3 Such an agreement may not be used as
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`1 The Board notes the second filing on March 14, 2014 is a
`duplicate filed in order to provide a written consent of both
`parties.
`2 The agreement appears to modify paragraph Nos. 1 and 15 of the
`Board’s standard protective agreement. The parties should note
`that if an authorized attorney wants the access that is allowed
`by the change in paragraph No. 1, the attorney’s request for
`access should refer to the alteration to the standard protective
`order.
`3 The Board notes that confidential papers can now be filed via
`ESTTA, the Board’s electronic filing facility.
`http://estta.uspto.gov. Pick the “CONFIDENTIAL Opposition,
`Cancellation or Concurrent Use” form under the “File Documents in
`a Board Proceeding” option.
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`Cancellation No. 92058369
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`a means of circumventing paragraphs (d) and (e) of 37 CFR §
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`2.27, which provide, in essence, that the file of a
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`published application or issued registration, and all
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`proceedings relating thereto, should otherwise be available
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`for public inspection.
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`Discovery and trial dates remain as reset in the
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`Board’s December 13, 2013 institution order.
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`***
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` 2
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