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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1068382
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`Filing date:
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`07/15/2020
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92074406
`
`Party
`
`Correspondence
`Address
`
`Defendant
`Karen Dreyfuss
`
`KAREN DREYFUSS
`21126 BIRDS NEST TERRACE
`BOCA RATON, FL 33433
`UNITED STATES
`Primary Email: siviadreyfuss@gmail.com
`786-624-0429
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`Submission
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`Filer's Name
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`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Answer
`
`Craig Hallacher
`
`cah@ascentagelaw.com, paralegal@ascentagelaw.com
`
`/Craig Hallacher/
`
`07/15/2020
`
`Answer_92074406.pdf(28475 bytes )
`EXHIBIT A.pdf(831434 bytes )
`
`

`

`IN THE UNTIED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
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`TRADEMARK TRIAL AND APPEAL BOARD
`
`BOSTWICK BRANDS,
`
` Petitioner
`
`v.
`
`KAREN DREYFUSS,
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` Respondent
`
`Cancellation No.: 92074406
`
`Mark: PURE WONDER
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`Registration No.: 5,181 ,849
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`Registered: April 11, 2017
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`
`
`
`
`ANSWER
`
`
`
`Respondent Karen Dreyfuss resides at 3980 Curtis Circle, Boca Rotan, Florida, 33434
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`(“Respondent”) and is the owner of U.S. Registration No. 5,181,849 for the mark PURE
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`WONDER (the “Registered Mark”). Owner has received a Notice to respond to the PETITION
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`FOR CANCELLATION filed on June 5, 2020 (the “Petition”) by Petitioner Bostwick Brands,
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`LLC (“Petitioner”). In response to the Petition, Respondent responds as follows:
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`1. Respondent filed an application for the Registered Mark on June 23, 2013. At that
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`time, owner was developing bottled water that harnessed new technology that generates safe
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`drinking water from air.
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`2. Petitioner alleges that Respondent has abandoned the Registered Mark pursuant to
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`Section 14(3) of the Trademark Act, 15 U.S.C. § 1064(3). Respondent denies this allegation.
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`3. Petitioner alleges that Respondent is not currently using the Registered Mark in
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`connection with “bottled drinking water; bottled water.” Respondent denies this allegation.
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`4. Petitioner alleges that Respondent has discontinued use of the Registered Mark in
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`connection with the goods identified in Respondent’s Registration, and has no plans to resume
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`use. Respondent denies this allegation.
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`

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`5. Petitioner alleges that Respondent has not use the Registered Mark for the at least the
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`last three (3) consecutive years. Respondent denies this allegation.
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`6. Respondent contacted suppliers and retailers and Respondent had water bottles using
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`the Registered Mark at Apura Juicery & Coffeehouse, located at 22191 Powerline Road Suite
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`20B, Boca Raton, Florida, 33433, in February of 2017. In September of 2017, Apura Juicery &
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`Coffehouse closed.
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`7. In October of 2017, bottles having the Registered Mark were at the Dosha Café,
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`located at 139 NE 1st Avenue, Hallandale Beach, Florida, 33009. Bottles using the registered
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`mark were available at Dosha Café until March of 2020 when the restaurant closed due to the
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`COVID 19 virus pandemic. See Exhibit A for specimens showing use of the Registered Mark at
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`Dosha Café.
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`8. A new restaurant Vegan Junkie opened in July of 2020 at the Dosha Café location and
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`has agreed to have water bottles using the Registered Mark. Newly designed one-gallon bottles
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`were ordered on July 10, 2020 and will be delivered to Vegan Junkie as soon as the bottles are
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`received from the Respondent’s supplier. See Exhibit B for a mockup of the newly designed
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`one-gallon bottle that is currently under production.
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`9. Respondent is currently negotiating with ENV Technologies and Mission Possible
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`Foundation, to produce PURE WONDER branded bottled water.
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`10. As Respondent has obtained the Registered Mark, used the Registered Mark in the
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`last three last years, and has plans to increase the use of the Registered Mark, Respondent has not
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`abandoned the Registered Mark and believes that U.S. Registration No. 5,181,849 remains valid
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`and requests early dismissal of the Petition for Cancellation.
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`

`

`Respondent reserves the right to amend this Answer in the event discovery of other
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`information as appropriate.
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`WHEREFORE, Respondent prays that U.S. Registration No. 5,181,849 remain valid and
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`the Petition for Cancellation be dismissed.
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`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`July 15, 2020
`
`
`
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`DATED:
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`
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`Certificate of Service
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`ASCENTAGE LAW, LLC
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`By:
`
`
`
`
`
`
`
`
`/Craig Hallacher/_______
`Craig Hallacher
`1135 Kildaire Farm Rd
`Suite 200
`Cary, North Carolina 27511
`(919)285-8849
`cah@ascentagelaw.com
`paralegal@ascentagelaw.com
`
` I
`
` hereby certify that a true and complete copy of the foregoing
`ANSWER has been served on Charlene Minx by forwarding said copy on July 15, 2020, via
`email to: Charlene Minx at charlene@minxlaw.com.
`
`
`Signature_/Craig Hallacher/_____________________________________
`Date__July, 15, 2020_________________
`
`
`
`

`

`
`
`EXHIBIT A
`EXHIBIT A
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`

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`EXHIBIT B
`EXHIBIT B
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`
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`Pp
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`DELICIOUS
`ALKALINE
`WATER
`
`,
`
`
`
`

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