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ESTTA Tracking number:
`
`ESTTA1310619
`
`Filing date:
`
`09/18/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92080257
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Global Atlantic Financial Company
`
`LOUIS T. PERRY
`FAEGRE DRINKER BIDDLE & REATH LLP
`300 N. MERIDIAN STREET
`SUITE 2500
`INDIANAPOLIS, IN 46204
`UNITED STATES
`Primary email: louis.perry@faegredrinker.com
`Secondary email(s): abe.shanehsaz@faegredrinker.com, trade-
`mark@faegredrinker.com
`317-237-0300
`
`Motion to Suspend for Settlement Discussions
`
`Tom P. Ryan
`
`louis.perry@faegredrinker.com, abe.shanehsaz@faegredrinker.com, trade-
`mark@faegredrinker.com, tom.ryan@faegredrinker.com
`
`/Tom P. Ryan/
`
`09/18/2023
`
`Motion to Suspend with Consent and Good Cause - Mercury Insurance Ser
`vices LLC v Global Atlantic Financial Co 9.18.23.pdf(136576 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the matter of Registration No. 6,754,531
`Registration Date: June 7, 2022
`
`MERCURY INSURANCE SERVICES, LLC,
`
`
`
`
`
`
`
`
`
`
`
`Petitioner,
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`GLOBAL ATLANTIC FINANCIAL CO.,
`
`
`
`
`
`
`
`
`
`
`
`Registrant.
`
`
`
`
`:
`:
`:
`:
`:
`:
`:
`:
`:
`
`Cancellation No. 92080257
`
`MOTION TO SUSPEND
`
`Pursuant to 37 C.F.R. §2.117(c), Petitioner and Registrant, through their attorneys of
`record, hereby jointly move the Board to suspend the proceedings for a period of 30 days, up to
`and including October 18, 2023, for good cause. As a result of the suspension, the parties request
`that the current schedule be reset as follows:
`
`
`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
`Plaintiff’s Opening Brief Due
`Defendant’s Brief Due
`Plaintiff’s Reply Brief Due
`Request for Oral Hearing (Optional) Due
`
`10/18/2023
`11/17/2023
`11/17/2023
`12/17/2023
`04/15/2024
`05/15/2024
`06/29/2024
`08/13/2024
`08/28/2024
`10/12/2024
`10/27/2024
`11/26/2024
`01/25/2025
`02/24/2025
`03/11/2025
`03/21/2025
`
`Good cause exists for such a motion to suspend because the parties have reached a non-
`binding settlement in principal and are finalizing a written settlement agreement and desire more
`
`
`
`
`US.359630824.01
`
`
`
`1
`
`

`

`time to complete a mutually agreed upon draft of the agreement and to then have the agreement
`circulated between the parties for execution. Granting this further suspension will allow the time
`to complete an agreement that will resolve the above-captioned cancellation, avoid the need of
`incurring additional expenses in connection with the prosecution of the above-captioned
`cancellation proceeding and avoid the Board expending time and resources on the pending
`cancellation. In this regard, the parties set forth the following status report of key developments
`in the settlement of the matter.
`
`1.) Summary of Recent Settlement Communications
`
`
`Date of
`Comm’n
`7/17/2023
`
`8/8/2023
`
`8/11/2023
`
`9/5/2023 –
`9/7/2023
`9/15/2023
`
`Method of Communication
`
`General Nature of Communication
`
`Emailed correspondence from
`Registrant to Petitioner
`Emailed correspondence between
`parties
`Emailed correspondence from
`Petitioner to Registrant
`Emailed correspondence between
`parties
`Emailed correspondence between
`parties
`
`Providing draft settlement agreement and
`agreeing to suspension of proceedings
`Status check on draft settlement agreement
`
`Providing comments on settlement agreement
`
`Status check on draft settlement agreement
`
`Registrant providing responsive comments to
`draft settlement agreement and discussions
`regarding further suspension of proceedings in
`anticipation of finalizing settlement terms
`
`
`
`
`
`
`
`2.) Issues Resolved and to be Resolved at Trial
`
`The parties have not specifically waived or deemed any issue to be resolved or stipulated.
`
`3.) Proposed Timetable for Resolution
`
`The parties propose to resolve the present dispute, if possible, by concluding and
`executing a written Settlement Agreement at the earliest possible time, including, if possible, on
`or before the presently requested suspension is lifted. The parties are pursuing negotiation of the
`particular language of a Settlement Agreement with all reasonable haste.
`
`
`
`US.359630824.01
`
`
`
`2
`
`

`

`Accordingly, Registrant, with the consent of Petitioner, moves for the suspension of the
`proceedings for a period of 30 days, up to and including October 18, 2023, with the proceedings
`resuming thereafter on the schedule indicated above
`
`Dated: September 18, 2023
`
`
`
`Respectfully submitted,
`
`/Louis T. Perry/ ___________________________________
`Louis T. Perry
`Abe Jentry Shanehsaz
`FAEGRE DRINKER BIDDLE & REATH LLP
`300 N. Meridian Street, Suite 2500
`Indianapolis, Indiana 46204
`Phone: 317- 237-0300
`E-Mail: louis.perry@faegredrinker.com,
`abe.shanehsaz@faegredrinker.com,
`trademark@faegredrinker.com
`
`Attorneys for Registrant
`
`
`
`
`
`US.359630824.01
`
`
`
`3
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing MOTION
`TO SUSPEND was served on the correspondent of record as indicated in the records of the U.S.
`Patent and Trademark Office by email, the parties having consented to the use of electronic
`service, this 18th day of September 2023, addressed to:
`
`JILL M. PIETRINI
`PAUL BOST
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`1901 AVENUE OF THE STARS, SUITE 1600
`LOS ANGELES, CA 90067
`UNITED STATES
`JPietrini@SheppardMullin.com, PBost@SheppardMullin.com, MDanner@SheppardMullin.com,
`RWalsh@SheppardMullin.com, RLHudson@SheppardMullin.com,
`TrademarksCC@SheppardMullin.com, LGlenn@SheppardMullin.com
`
`
`
`/Louis T. Perry/ ___________________________________
`Louis T. Perry
`Abe Jentry Shanehsaz
`FAEGRE DRINKER BIDDLE & REATH LLP
`300 N. Meridian Street, Suite 2500
`Indianapolis, Indiana 46204
`Phone: 317- 237-0300
`E-Mail: louis.perry@faegredrinker.com,
`abe.shanehsaz@faegredrinker.com,
`trademark@faegredrinker.com
`
`Attorneys for Registrant
`
`
`
`US.359630824.01
`
`
`
`4
`
`

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