`
`ESTTA1325350
`
`Filing date:
`
`11/29/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92072010
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Howard Vernick and Coulter Ventures, LLC d/b/a Rogue Fitness
`
`LOUIS DISANTO
`BANNER & WITCOFF LTD
`71 SOUTH WACKER DRIVE, SUITE 3600
`CHICAGO, IL 60606
`UNITED STATES
`Primary email: ldisanto@bannerwitcoff.com
`Secondary email(s): echristou@bannerwitcoff.com, apak@bannerwitcoff.com,
`bwlitdocket@bannerwitcoff.com, bwptotm@bannerwitcoff.com, BW-
`MECvRogue@bannerwitcoff.com
`312-463-5000
`
`Other Motions/Submissions
`
`Louis DiSanto
`
`ldisanto@bannerwitcoff.com, echristou@bannerwitcoff.com,
`apak@bannerwitcoff.com, bwlitdocket@bannerwitcoff.com,
`bwptotm@bannerwitcoff.com, BW-MECvRogue@bannerwitcoff.com
`
`/Louis DiSanto/
`
`11/29/2023
`
`Cancellation 92072010 - Revised Stipulation to Use Previously Taken D eposi-
`tion Testimony During the Testimony Period.pdf(102008 bytes )
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`REVISED STIPULATION TO USE PREVIOUSLY TAKEN DEPOSITION TESTIMONY
`
`DURING THE TESTIMONY PERIOD
`
`Pursuant to 37 C.F.R. §§ 2.120(k)(2), (3)(i) and T.B.M.P. § 704.09, the Parties hereby stipulate
`
`that the testimony declaration and deposition testimony provided during the discovery period in this
`
`proceeding by Amanda Lester, Brian Benson, Jason Smith, Michael Gehringer, and Sonia Doubet (on
`
`behalf of Marksmen, Inc.), with any exhibits referenced therein, may be offered into evidence by either
`
`party during their testimony period. The testimony declarations of Amanda Lester, Brian Benson, Jason
`
`Smith, and Michael Gehringer were made of record as exhibits to their deposition testimony stipulated
`
`herein.
`
`Date: November 29, 2023
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`
`
`/Louis DiSanto/
`Louis DiSanto
`Anthony Denis
`Banner & Witcoff, Ltd.
`71 South Wacker Drive – Suite 3600
`Chicago, Illinois 60606
`Telephone: (312) 463-5000
`Facsimile: (312) 463-5001
`
`- 1 -
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Cancellation No.: 92072010
`
`Registration No.: 4,383,307
`
`Mark:
`
`) ) ) ) ) ) ) ) ) ) ) ) ) )
`
`
`
`
`MONSTER ENERGY COMPANY,
`
`Petitioner,
`
`
`
`v.
`
`
`
`
`
`HOWARD VERNICK and COULTER VENTURES,
`LLC d/b/a ROGUE FITNESS,
`
`
`
`Respondents.
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 29, 2023, a copy of the foregoing was served by
`electronic mail, on counsel for Petitioner, at the following email addresses:
`
`
`
`
`
`
`
`Alexander.Zeng@knobbe.com
`Jason.Champion@knobbe.com
`efiling@knobbe.com
`MEC.TTAB@knobbe.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/mark houston/
`
`- 2 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
