throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA750044
`06/02/2016
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding.
`
`92060653
`
`Plaintiff
`Clique Media, Inc.
`
`Defendant
`Branded LLC
`
`Yes
`
`Applicant
`
`Other Party
`
`Have the parties
`held their discov-
`ery conference
`as required under
`Trademark Rules
`2.120(a)(1) and
`(a)(2)?
`
`Motion for Suspension in View of Civil Proceeding With Consent
`
`The parties are engaged in a civil action which may have a bearing on this proceeding. Accordingly, Clique
`Media, Inc. hereby requests suspension of this proceeding pending a final determination of the civil action.
`Trademark Rule 2.117.
`Clique Media, Inc. has secured the express consent of all other parties to this proceeding for the suspension
`and resetting of dates requested herein.
`Clique Media, Inc. has provided an e-mail address herewith for itself and for the opposing party so that any
`order on this motion may be issued electronically by the Board.
`
`Certificate of Service
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`Respectfully submitted,
`/Jessica A. Wood/
`Jessica A. Wood
`JWood@manatt.com, MCooke@manatt.com, IPDocket@manatt.com
`jeffmfurr@furrlawfirm.com
`06/02/2016
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`In the matter of Registration Nos.: 3,838,406; 3,775,666; 3,772,367; and 1,537,763
`
`
`
`
`Cancellation No.: 92060653
`
`Mark:
`
`DOMAIN
`
`
`
`Filed on:
`
`January 8, 2015
`
`
`
`
`
`
`CLIQUE MEDIA, INC.
`
`
`Petitioner,
`
`
`v.
`
`BRANDED LLC,
`
`
`Registrant.
`
`
`
`
`
`MOTION TO SUSPEND PENDING OUTCOME OF ANOTHER CIVIL ACTION
`BETWEEN THE PARTIES WITH CONSENT
`
`Pursuant to 37 C.F.R. § 2.117(a), TBMP §§ 510.02, et seq., and any other applicable
`
`rules, Petitioner, Clique Media, Inc. (“Clique Media” or “Petitioner”), by and through its counsel
`
`of record, hereby moves to suspend Cancellation No. 92060653, filed by Petitioner on January 8,
`
`2015, before the Trademark Trial and Appeal Board, against Branded, LLC’s (“Branded” or
`
`“Registrant”) DOMAIN Mark depicted in Registration Nos. 3838406, 377566, 3772367,
`
`1537763 (“DOMAIN Mark”), pending the outcome of a concurrent federal district court
`
`proceeding, Branded L.L.C. v. Clique Media, Inc., Case No. 2:15-CV-2874, in the United States
`
`District Court for the Southern District of Ohio (“Civil Action”).
`
`This request is made with the consent of counsel for Registrant, who consented to the
`
`suspension via telephone on June 2, 2016.
`
`A. Motion to Suspend the Cancellation Pending Disposition of a Related Civil
`Action
`
`Registrant filed the Complaint in the Civil Action on October 1, 2015 (the operative
`
`Complaint), against Petitioner alleging federal claims for misleading description, unfair
`
`
`
`1
`
`

`
`competition, false advertising and trademark infringement arising under the Trademark Act of
`
`1946, Ohio state claims for deceptive trade practices under O.R.C. §4165.02, and seeking
`
`declaratory relief and declaratory judgment. A true and correct copy of the Complaint is
`
`attached hereto as Exhibit A. Registrant’s claims in the Civil Action arise out of Registrant’s
`
`alleged rights in the DOMAIN Mark, Petitioner’s use of its DOMAINE and MY DOMAINE
`
`Marks, and Petitioner’s application to register the mark DOMAINE, App. No. 85/610,826.
`
`Undoubtedly, the Civil Action involves the same parties as these proceedings, i.e.,
`
`Petitioner Clique Media and Registrant Branded. Further, there is overlap in issues between the
`
`Civil Action and the instant Cancellation as the disputes involve the same and/or similar marks.
`
`See TBMP §510.02(a) (“Unless there are unusual circumstances, the Board will suspend
`
`proceedings in the case before it if the final determination of the other proceeding may have a
`
`bearing on the issues before the Board.”).
`
`Thus, in light of the foregoing, good cause exists to suspend the Cancellation proceedings
`
`pending the disposition of the Civil Action.
`
`B. Conclusion
`
`For the foregoing reasons, Petitioner respectfully requests that the Board suspend the
`
`Cancellation until the Civil Action is concluded.
`
`
`
`Respectfully submitted,
`
`Dated: June 2, 2016
`
`By: /Jessica A. Wood/________________
`Michelle A. Cooke, Esq.
`Jessica A. Wood, Esq.
`MANATT, PHELPS & PHILLIPS, LLP
`11355 W. Olympic Boulevard
`Los Angeles, California 90064
`Telephone (310) 312-4000
`Facsimile (310) 312-4224
`Email: MCooke@manatt.com
`Email: JWood@manatt.com
`
`Attorneys for Petitioner Clique Media, Inc.
`
`
`
`2
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I served a true and complete copy of the foregoing MOTION TO
`
`SUSPEND PENDING OUTCOME OF ANOTHER CIVIL ACTION BETWEEN THE
`
`PARTIES WITH CONSENT upon counsel of record for Registrant, by depositing one copy
`
`thereof via first class mail, postage prepaid, on June 2, 2016, addressed as follows:
`
`
`
`
`
`
`Jeffrey M. Furr
`Furr Law Firm
`2622 Debolt Road
`Utica, OH 43080
`
`
`
`/Jessica A. Wood/
`Jessica A. Wood
`
`
`
`
`
`
`
`CERTIFICATE OF ELECTRONIC FILING
`
`I hereby certify that this paper is being filed with the United States Patent and Trademark
`
`Office via the Electronic System for Trademark Trial and Appeals (ESTTA) on June 2, 2016.
`
`/Jessica A. Wood/
`Jessica A. Wood
`
`
`
`
`
`317081399.2
`
`
`
`3
`
`

`
`
`
`EXHIBIT “A”
`EXHIBIT “A"
`
`

`
`.
`UNITED STATES-DISTRICT COURT
`SOUTHERN DISTRICI‘ OF omo
`
`_
`"Fh|‘L'ED
`lRl'CHARU W. N1§§3tL A
`CLERK OF COURT
`m H Um _ 1 PH 12: 30--
`
`CaseNo.
`
`. 2 '-_- 1 5 C V 5233{1}}/.20L*I}MBUS
`
`_
`
`BRANDEDL.L.c.,
`
`3333 LEE PARKWAY
`6"‘ FLOOR
`‘DALLAS, TX 75219
`
`Plaintiff,
`
`mam“
`
`CLIQUE MEDIA, INC.
`360 NORTH LA_ CIENEGA BLVD
`3*” FLOOR
`LOS ANGELES, CA 90043 -
`
`Defendant.
`
`CONIPLAINT AND JURY DEMAND
`
`Plaintiff l3randed LLC. (“Branded” or “Plaint_iff") states the following for its
`
`-
`
`_ complaint against the Defendant.
`1. This is an action at law and in equity for trademark infringement and dilution, -injury to
`
`-business reputation, unfair competition; and deceptive trade practices arising under
`
`the Trademark Act of 1946, 15 U.S.C. §§ 1051 et seq. (2004) (“Lan.harn Act”); O.R.C. §
`
`4165.02; the fair business practices and unfair and deceptive trade practices acts.
`
`arties
`
`2. Plaintiff Branded LLC, (“Branded") is a Georgia limited liability companylhaving a place
`
`of business at 3333 Lee Parkway, 6th Floor, Dallas, Texas 75219.
`
`

`
`3. Defendant Clique Media, Inc. is a‘ Delaware corporation with its principal place of
`business at 360 I~lorth La_Cienega Boulevard, 3rd Floor, Los Angeles, California 90048.
`.
`,|n;]'§glic1i9n and Vgngg I
`‘
`
`4. _Jurisdiction in the United States District Court is based on diversity of citizenship
`
`pursuant to 28 U.S.C. § 1332(a)(2).
`
`5. The amount in controversy in this Complaint exceeds $75,000.00.
`
`6. This Court also has original jurisdiction over the subject matter of this action pursuant
`to 28 U.S.C. §§ 1331 and 1338 because it is a civil action arising under the Lanham Act. '
`'7. This Court has personal jurisdiction over the Defendant because Defendant's wrongful
`actions have affected Plaintiff in Central Ohio; because the Defendants have advertised
`
`and are doing business in Ohio; Defendant have engaged in acts or omissions within this
`State causing injury; Defendant has entered into contracts with citizens of this State or
`have otherwise made or established contacts with this State sufficient to permit the
`
`exercise of personal jurisdiction.
`8. Venue is proper in the Southern District of Ohio because a substantial part of the events
`
`or omissions giving rise to Plaintiff's claims occurred in this District.
`
`Alle ations
`
`o
`
`' t
`
`l
`
`'
`
`s
`
`9. Branded repeats and hereby incorporates herein by reference all previous paragraphs.
`
`10. Branded Inc. operates as a brand management company that engages in licensing, marketing,
`
`and product development for a portfolio ofowned consumer brands.
`
`11-. Branded Inc. licenses its brands directly to global retailers, ‘wholesalers, and suppliers for use
`across a range of product categories,
`including apparel, footwear, sportswear, fashion
`accessories, and home goods including furniture, bed and bath textiles, kitchen goods and
`
`

`
`home accessories.
`
`12. As one of the largest global brand marketing and licensing firms, Branded. Inc. has key
`
`vendor relationships with leading retailers throughout the world.
`
`13. As a-result of its endeavors, Branded has created and owns valuable intellectual property
`
`in-the form of trademarks and trade secrets.
`
`14. Branded maintains an aggressive marketing campaign for its licensed marks and
`
`products which are sold through major retail chains such as the TJMaxx Stores
`throughout the United States including the'Centra] Ohio area.
`15. Branded is the owner of a federal trademark registration, Reg. No. 1,537,763, issued
`by the United States Patent and Trademark Office on May 2, 1989, for the name
`“I-DOMAIN" which has been registered for use with "retail furniture store services and
`
`related household goods,".
`
`-A copy of the Certificate of Registration for this mark is
`
`attached as Exhibit 1.
`
`I
`
`16. Branded is the owner of a federalltrademark registration, Reg. No.- 3,772,367, issued
`
`by the United States Patent and Trademark Office on April 6, 2010, for the name
`“DOMAIN” for use with "bed sheets, pillow cases, comforters, bedspreads, pillow shams,
`bed niffles, duvet covers, comforter covers, mattress pads, bed blankets, towels, wash cloths,
`fabric shower curtains, draperies and fabric valances“. A copy of the Certificate of
`Registration for this mark is attached as Bxhibit 2.
`-
`.
`-
`17. Branded is the owner of a federal trademark registration, Reg. No. 3,775,666, issued
`
`by the United States Patent and Trademark Office on April 13, 2010, for the name
`
`“DOMAIN" for use with "candles; flatware, cutlery; lamps; grills; stationery; gift wrap
`
`paper; calendars; gift boxes; paper gift bags; cards, namely, blank note cards, announcement
`
`

`
`cards, greeting cards; globes; paper place mats; paper napkins; paper table cloths; coasters of
`paper; tabletop items, namely napkin rings; bath accessories, namely, tissue holders, shower
`
`hooks, over the door towel hooks not of metal; soap pumps, namely, soap dispensers; towel _
`
`holders, namely, towel racks, bars, rails and rings; toilet brush holders; drink ware, namely '
`
`drinking glasses; serve ware, namely, serving forks, serving spoons; napkin holders; paper
`
`towel holders, namely, dispensers for paper towels; cooking utensils, namely, wire baskets;
`‘hand and body lotion dispensers; trays, namely, serving trays; wood cutting boards;
`bowls; cookware, namely pots and pans; bake ware; coffee and tea items, namely, travel
`
`.'
`
`I mugs, non-electric coffee presses, non-electric coffee grinders, carafes, coffee services, tea
`
`services; salt and peppershakers; waste baskets; figurines of china, crystal, earthenware,
`glass, porcelain, terra cotta; hanging garden planters for flowers and plants; collapsible fabric
`
`storage container for domestic use; bird baths; bird houses; garden statuary of indicate china,
`
`crystal, earthenware, glass, terra cotta. porcelain, hanging planters for flowers and plants". A
`
`copy of the Certificate of Registration for this mark is attached as Exhibit 3.
`
`18. Branded is the owner of a federal trademark registration, Reg. No. 3,838,406,‘ issued
`
`by the United States Patent and Trademark Office on August 24, 2010, for the name
`“DOMAIN” for use with "furniture". A copy of. the Certificate of Registration for this
`
`mark is attached as Exhibit 4.
`
`19. Branded's trademarks for Domain US Registration Numbers 1537763, 3772367, 3775666,
`and 3838406 ("Branded Marks") are valuable assets and have considerable goodwill and
`
`value.
`
`20. Defendant operates a website at mydomaine.com which offers the same type of goods as
`
`those covered by the Branded Marks.
`
`

`
`21. Defendant attempted to register the mark DOMAINE.
`
`The application to register the
`
`DOMAINE marks seeks registration for use with "providing consumer advice and
`information by means of a global computer network in the field of shopping and home decor,
`namely, reviews'of and commentary about home decor goods for commercial purposes;
`
`online retail store services in the field of furniture, lighting, flooring and home decor goods;
`
`providing party planning advice and information by. means of a global computer network in
`the field of shopping and home decor. namely,
`planning tips for entertaining at home
`
`and do-it-yourself party planning projects ideas; providing interior design information and
`
`' advice in the field of home decor; providing interior design advice and information by means
`
`' of a global computer network in the field of shopping and" home decor, namely, providing
`
`' interior design commentary about celebrity homes, decorating trends, decorating inspirations
`
`and interior design decorating tips and suggestions." The application was filed on April 27,
`
`2012 and has been accorded Serial No. 851610826.
`
`22. Defendant's marks DOMAINE and MYDOMAINE as well as any‘ marks that contain
`
`part or wholeof Branded DOMAIN ("Infringing Marks") infringe and are likely to
`
`cause confusion with the Branded Marks.
`
`23. Defendant‘ filed Cancellation 92060653 with the United States Trademark Trials and
`Appeals board against Branded Trademarks US Registration Numbers 1537263, 3772367,
`3775666, 3838406 based on a wrongful claim that Branded had abandoned their world
`
`famous trademarks for DOMAIN._
`
`24. Defendant's unauthorized use of the Infringing Marks has and will continue to
`
`irreparably injure Branded by confusing customers, diverting sales, and diluting the
`distinctiveness of the Branded Marks.
`If permitted to continue, Defendant's use of the
`
`

`
`Infringing Marks will continue to irreparably injure Branded, the reputation and goodwill
`
`associated therewith, Branded's reputation for exceedingly high-quality services and
`
`products, and the public interest in,being free from confusion, mistake or deception.
`
`
`
`25. Branded repeats and hereby incorporates herein by reference all previous paragraphs.
`26. 15 U.S.C. § 1125(a)(1)(A) creates a civil action for false designation of origin. false
`
`descriptions and dilution.
`27. The Defendants’ use in commerce of‘the Infringing Marks or any combination thereof is
`
`likely to cause confusion, or to cause mistake, by an existing customer or prospective
`customer of Branded seeking its services when searching for the Branded domain name.
`28. As a direct and proximate result of the Defendants’ violation of 15 U.S.C. § l125(a)(1)(A),
`
`Branded has suffered damages in the nature of loss of business, revenue and profits.
`
`29. Pursuant to 1-5 U.S.C. § 1116, Branded is entitled to injunctive relief as equity requires
`
`where there has been a violation under Section 1125(a).
`
`30. ‘Pursuant to 15 U.S.C. § 1117(a), Branded is entitled to recover court costs and attorney's
`
`fees because of the Defendant’s egregious misconduct in making false or misleading
`
`descriptions of fact, or false or misleading representations of fact regarding Branded’s
`
`Marks.
`
`COUNT II — UNFAIR COM!-’ETITION AND FALSE ADVERTISING UNDER TI-IE_
`
`-
`l
`.
`~
`_. ___
`-
`-
`;,uL|
`LJ CVE L_ni__
`
`31. Branded repeats and hereby incorporates herein by reference all previous paragraphs.
`
`32. Defendant is currentlyand unlawfully using the Infringing Marks to sell Defendants’
`
`services.
`
`33. Branded never permitted Defendant to use the Branded Marks or any Infringing Marks.
`
`

`
`34. Defendant's use of the Infringing Marks and confusingly similar variations thereof in
`
`commerce to advertise, market and sell its services is in direct competition with Branded’s
`
`services constitutes unfair competition and false advertising pursuant to 15 .U.S.C. §
`
`1125(a).
`
`35. Defendant’s use of the Infringing Marks is likely to .cause confusion, mistake, and
`
`deception among consumers. Defendant's unfair competition and false advertising has
`
`caused "and will continue to cause damage to Branded’s business, reputation and
`
`goodwill and is. causing irreparable harm to Branded for which there is no adequate
`
`remedy at law.
`
`36. Defendant knew or should have known that the use of infringing mark was false or likely
`
`to mislead consumers.
`
`37. As a direct and proximate result of Defendant's wrongful conduct, Branded has been
`
`damaged and is entitled to the following remedies: a preliminary injunction and
`
`permanent injunction against marketing and sale of their services under the Infringing '
`
`Marks, the removal from registration, transferring, temporarily disabling or permanently
`
`. canceling any infringing domain names and damages including the disgorgement of
`
`profits and attorney's fees.
`
`38. Pursuant to 15 U.S.C. § 1117, Branded is entitled to recover court costs and attorney’s
`
`fees as well as treble damages because the Defendant's conduct was undertaken
`
`willfully and with the intention of causing confusion, mistake or deception, making this
`
`an exceptional case.
`
`COUNT III — TRADEMARK INFRINGMENT UNDER THE LANHAM ACT 15 U.S.C.
`4 and
`a ' O
`GES AN
`CT V
`E
`
`

`
`39. Branded repeats and hereby incorporates herein by reference all previous paragraphs.
`
`40. Branded never permitted Defendant to use the Branded Marks or the Infringing Marks.
`
`41. Defendant is currently and unlawfully using the Infringing Marks to sell their services.
`
`42. Defendant's use of the. Infringing Marks in the sale and marketing of Defendants’
`
`services comprises an infringement of the Branded Marks and is likely to cause
`
`confusion, mistake and deception of the public as to the identity and origin of Branded’s
`services and goods, thereby causing irreparable harm to Branded for which there is no
`
`adequate remedy at law.
`
`43. Defendant’s infringement of the trademark constitutes a willful and malicious violation
`
`of Branded‘s rights, aimed at preventing Branded from continuing to build a business
`
`around and profit from a mark that it has long possessed and used.
`
`44. By reason of the foregoing acts, Defendant
`
`is liable to Branded for trademark
`
`infringement under U.S.C. § 1114.
`
`45. Defendant knew or should have known that it was infringing Branded's rights with the
`
`intention to confuse consumers about the source of the goods based on_ Branded’s
`goodwill‘.
`D
`46. As a direct and proximate result of the wrongful conduct of Defendant, Branded has
`
`been damaged and is entitled to the following remedies: a preliminary injunction and
`permanent injunction against marketing and sale oftheir services underthe Branded name,"
`the removal
`from registration,
`transfen-ing,
`temporarily disabling or permanently
`
`canceling any infringing domain names and damages including the disgorgement of
`
`profits and attorney’s fees.
`
`47. Pursuant to 15 U.S.C. § 1117, Branded is entitled to recover court costs and.attorney‘s
`
`

`
`fees as well as treble damages because of the Defendant's conduct was undertaken
`willfully and with the intention of causing confusion. mistake or deception, making this
`
`an exceptional case.
`
`COUNT IV - STATUTORY DECEPTIVE TRADE PRACTICES
`O
`C D 4 65.
`
`48. Branded repeats and hereby incorporates herein by reference all previous paragraphs.
`
`49. Defendant has engaged in deceptive trade practice under O.R.C. 4165.02. in the course of
`its business by causing likelihood of confusion or misunderstanding as to the source,
`
`- sponsorship, approval or certification of Defendant’s services.
`
`50. Defendant also engaged in deceptive trade practice under O.R.C. 4165.02 in the
`
`course of its business by causing likelihood of confusion or misunderstanding as to
`
`Defendants’ affiliation, connection or association with Branded.
`51. The Act provides for injunctive relief where it
`is found that a defendant has
`
`committed an act constituting a deceptive trade practice as defined by statute.
`
`52. Defendant has willfully engaged in the deceptive trade practices and is therefore
`subject to reasonable attomey’s fees pursuant to O.R.C. 4165.03.
`53. As a result of Defendant's actions, Branded has suffered and is likely to suffer further
`damages, injury and loss of business opportunities as well as immediate and irreparable
`
`harm to_its goodwill and contractual and business relationships if Defendantis not
`
`preliminarily and permanently enjoined from their deceptive trade practices.
`
`54. Branded has no adequate remedy at law with regard to Defendant's deceptive trade
`
`V- ECA
`
`IO
`
`0 N0
`
`

`
`55. Plaintiff repeats, re-alleges and incorporates each and every allegation listed in the preceding
`
`P31"‘81'3~Ph9-
`
`S6. Defendant filed Cancellation 92060653 with the United States Trademark Trials and Appeals
`
`board against Branded Trademarks US Registration Numbers 1537763, 3772367, 3775666,
`
`3838406 based on a wrongful claimed that Branded had abandoned their world famous
`
`trademarks for DOMAIN.
`
`57. Absent a judicial resolution of this matter, Plaintiff's proper rights to its property are
`
`wrongfully threatened.
`58. Plaintiff has no other prompt and expeditious remedy to protect its interest and to prevent it
`
`from irreparable harm.
`
`59. Under the circumstances, ajudicial declaration is necessary and appropriate at this time given
`
`the wrongful claim of abandonment in the Cancellation Filing Number 92060653 before the
`United-States Trial and Appeals Board.
`
`0U
`
`—
`
`60. Branded repeats and hereby incorporates herein by reference all previous paragraphs.
`
`61. Branded is the first user and owner of the DOMAIN mark.
`
`62. As set forth in the above allegations, Defendant
`
`is using the Infringing Marks to
`
`market and divert customers to its website to sell its services and other products.
`
`the parties are determined and declared,
`the rights and obligations of
`63. Unless
`Branded will suffer irreparable loss and damage.
`0
`
`64.. Branded has no adequate remedy at law and seeks in this action a judicial determination
`
`of the parties’ rights and obligationsas to .the ownership and usage of the Branded Marks
`
`as to guide the parties in their future conduct.
`
`ll}
`
`

`
`65. Branded is entitled to a declaration by this Court of the parties’ rights and obligations with
`
`regard'to the Branded Marks.
`
`DEMAND FOR RELIEF
`
`WHEREFORE, Plaintiff Branded prays:
`
`1. Defendant be permanently‘ enjoined from using Branded’s marks or any colorable
`
`imitation thereof and using any trademark that imitates or is confusingly similar to or
`
`in any way similar to Branded’s marks or that is likely to cause confusion, mistake,
`deception or public misunderstanding as to the origin of Branded’s products or its
`
`connection to‘ Defendant.
`
`_ 2. That Defendant be required to file with_the Court and to serve on Plaintiff within
`fifteen days after entry of the Injunction, a report in writing under oath that sets forth
`
`in detail the manner and form in which Plaintiff has complied with the Injunction;
`3. That pursuant
`to 15 U.S.C.
`§ 1117, Defendant be compelled to account
`
`to
`
`Branded for all profits derived by it from its illegal acts complained of herein.
`4. That the Court declare that Branded did not abandoned the DOMAIN marks and
`
`move that the Cancellation before the United States Trial and Appeal Board be
`
`dismissed with prejudice.
`
`5. That the Court declare that Branded is the true and rightful owner of the Branded
`
`Marks and enjoin Defendant from using any infringing marks.
`
`6. That Plaintiff be awarded statutory damages against the Defendant, jointly and
`
`severally,
`
`in the amount to be determined at trial together with court costs and '
`
`attorney's fees pursuant to 15 U.S.C. §111‘7 and, in addition, punitive damages; and
`
`11
`
`

`
`7. For such other and further relief as the Court deems just and proper including attorney
`
`fees and costs.
`
`Fun Law Firm
`Jeffrey Furr, (oosnsso)
`2622 Debolt Road
`Ufica, ohjo 43030
`Ph: (740) 892-2118
`Fax; (740) 392.3350
`Ernail:Jefi‘MFurr@furrlawfirm.com
`Attorney for Plaintiff.
`
`Respectfully submitted,
`
`WESPBARWELL, L.L.C'.
`Gregory P. Barwell, (0070545)
`Quint! M- Sfihmie-83. (0935533)
`Jud R..Mauger, (0063375)
`- Attorneys atLaW
`100 East Broad St — Suite 2350
`C°1“mbU5. Ohio 43215
`Ph; (614)456-0488
`Fax: (514) 456-0488-
`Email: gbarwel1@u_resp_law.eom
`Email: qschmiege@wesp1aw.co:n
`Email:
`jmauger@wespIaw.com
`Attorneys for Pl'aintifi'
`
`

`
`— JURY DEMAND
`
`Plaintiff hereby demands a trial by jury on all issues triable by jury in this case.
`
`HTSPBERWELL, L.L.C.
`Gregory P. Barwell, (0070545)
`Quinn M. Schmiege (ooss53 s)
`
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`Reg, No. 3,775,555 ‘ran MARK oonsxsrs or smtmnn CHARACIERS wmrour cum TO ANY mn-
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`
`OWNER OF US. REG. NO. 1.537.763.
`
`SN 77-511,758. FIL 9-[7-21118.
`
`THOMAS MANOR, EXAMININGATTORNEY
`
`Page: 2 IRN # 3,775,666

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