Global Format; No Form Number (Rev 8/2009)
`
`OMB No. 0651-0054 (Exp. 10/31/2017)
`
`2.146 petition to the Director
`
`The table below presents the data as entered.
`
`85737435
`
`Entered
`
`Input Field
`
`SERIAL NUMBER
`
`REGISTRATION NUMBER
`
`FORM TEXT
`
`Empire respectfully requests that the Director grant this Petition and enter an order granting Empire a thirty-day (30) extension of time in order
`
`for
`
`Attorney Quinn to regain his health and have time to file reply briefs in further support of (1) Empire’s Motion for Reconsideration of the Denial of
`
`Empire’s Motions for Judgment on the Pleadings; (2) Empire’s motion for Reconsideration of the April 1, 2015 Order Consolidating Opposition
`
`Proceedings; and (3) Empire’s Petition (previously “Motion”) for Suspension of the Rules and for Extended Time to Petition the Director Regarding
`
`Procedural Improprieties Respecting the Board’s April 1, 2015 Decision Denying Empire’s Motion for Judgment/Partial Judgment on the Pleadings.
`
`Empire further requests that the Director order that Empire’s timely filed May 1, 2015 Motion for Suspension of the Rules be considered as a petition
`
`under 37 C.F.R. 2.146(d)(2), since the filing was timely and the fee is being tendered herewith.
`
`Additionally, Empire further requests that the Director stay all Proceedings pending a decision on this Petition.
`
`        ATTACHMENT(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (9 pages)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (4 pages)
`
`Petition_201542043749162.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0002.jpg
`
`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0003.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0004.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0005.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0006.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0007.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0008.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0010.jpg
`
`Declaration_201542043759173.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0011.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0012.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0013.jpg
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`\\TICRS\EXPORT16\IMAGEOUT16\857\374\85737435\xml12\PDR0014.jpg
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`       
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`

`

`PAYMENT SECTION
`
`NUMBER OF CLASSES
`
`FEE PER CLASS
`
`TOTAL FEES DUE
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`SUBMISSION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`TEAS STAMP
`
`1
`
`100
`
`100
`
`/Charles N. Quinn/
`
`Charles N. Quinn
`
`Attorney for Applicant, Member PA Bar
`
`610-458-4984
`
`05/20/2015
`
`/Charles N. Quinn/
`
`CHARLES N. QUINN
`
`Attorney for Petitioner
`
`610-458-4984
`
`05/20/2015
`
`YES
`
`USPTO/PDR-XX.XXX.XXX.XXX-
`20150520165336702199-8573
`7435-20150520163417599578
`-CC-3633-2015052016341759
`9578
`
`Global Format; No Form Number (Rev 8/2009)
`
`OMB No. 0651-0054 (Exp. 10/31/2017)
`
`To the Commissioner for Trademarks:
`
`2.146 petition to the Director
`
`The following is submitted for application serial number. 85737435 :
`
`FORM INFORMATION
`
`Empire respectfully requests that the Director grant this Petition and enter an order granting Empire a thirty-day (30) extension of time in order
`
`for
`
`Attorney Quinn to regain his health and have time to file reply briefs in further support of (1) Empire’s Motion for Reconsideration of the Denial of
`
`Empire’s Motions for Judgment on the Pleadings; (2) Empire’s motion for Reconsideration of the April 1, 2015 Order Consolidating Opposition
`
`Proceedings; and (3) Empire’s Petition (previously “Motion”)
`
`for Suspension of the Rules and for Extended Time to Petition the Director Regarding
`
`Procedural Improprieties Respecting the Board’s April 1, 2015 Decision Denying Empire’s Motion for Judgment/Partial Judgment on the Pleadings.
`
`Empire further requests that the Director order that Empire’s timely filed May 1, 2015 Motion for Suspension of the Rules be considered as a petition
`
`

`

`under 37 C.F.R. 2.146(d)(2), since the filing was timely and the fee is being tendered herewith.
`
`Additionally, Empire further requests that the Director stay all Proceedings pending a decision on this Petition.
`
`FORM FILE NAME(S)
`
`Original PDF file:
`Petition_201542043749162.pdf
`Converted PDF file(s) (9 pages)
`Attachments-1
`Attachments-2
`Attachments-3
`Attachments-4
`Attachments-5
`Attachments-6
`Attachments-7
`Attachments-8
`Attachments-9
`Original PDF file:
`Declaration_201542043759173.pdf
`Converted PDF file(s) (4 pages)
`Attachments-1
`Attachments-2
`Attachments-3
`Attachments-4
`
`FEE(S)
`Fee(s) in the amount of $100 is being submitted.
`
`SIGNATURE(S)
`Declaration Signature
`The undersigned being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under
`18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares
`that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief
`are believed to be true.
`
`Signature: /Charles N. Quinn/      Date: 05/20/2015
`Signatory's Name: Charles N. Quinn
`Signatory's Position: Attorney for Applicant, Member PA Bar
`Signatory's Phone Number: 610-458-4984
`
`Submission Signature
`Signature: /Charles N. Quinn/     Date: 05/20/2015
`Signatory's Name: CHARLES N. QUINN
`Signatory's Position: Attorney for Petitioner
`Signatory's Phone Number: 610-458-4984
`
`RAM Sale Number: 3633
`RAM Accounting Date: 05/21/2015
`
`Serial Number: 85737435
`Internet Transmission Date:
`TEAS Stamp: USPTO/PDR-XX.XXX.XXX.XXX-201505201653367
`02199-85737435-20150520163417599578-CC-3
`633-20150520163417599578
`
`        
`        
`

`

`LVGV LLC,
`
`: Opposition Nos.
`:
`91215208 (Parent), 91215212,91215216,
`'
`91215246,91215247 and 91215415
`
`Opposer ,
`
`: Mark: “ME. (stylized)”
`
`Serial Numbers 85/734,289;
`85/734,672; and 85/773,861
`
`Mark: “M (stylized)”
`
`Serial Numbers 85/737,435;
`85/736,924; and 85/736,471
`
`Empire Resorts, Inc.,
`
`
`
`Applicant,
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`089798.40301/pleadings
`
`EMPIRE’S PETITION FOR SUSPENSION OF THE RULES AND
`FOR EXTENSION OF TIME TO FILE REPLY BRIEFS
`
`Pursuant to 37 CPR. § 2.146(a)(3) and (5), Applicant Empire Resorts, Inc. (“Empire”), by and
`
`through its undersigned counsel, hereby petitions the Director for an order suspending the rules and
`
`granting Empire a thirty-day (30) extension of time file reply briefs in further support of (1) its Motion for
`
`Reconsideration of the Denial of Empire’s Motions for Judgment on the Pleadings; (2) its Motion for
`
`Reconsideration of the April 1, 2015 Order Consolidating Opposition Proceedings; and (3) its Motion for
`
`Suspension of the Rules and for Extended Time to Petition the Director Regarding Procedural
`
`lmproprieties Respecting the Board’s April
`
`1, 2015 Decision Denying Empire’s Motion for
`
`Judgment/Partial Judgment on the Pleadings.
`
`Empire further petitions the Director for an order that Empire’s “Motion for Suspension of the
`
`Rules and for Extended Time to Petition the Director Regarding Procedural lmproprieties Respecting the
`
`Board’s April 1, 2015 Decision Denying Empire’s Motion for Judgment/Partial Judgment on the
`
`Pleadings” filed 1 May 2015 be considered as a petition under 37 C.F.R. 2.146, and that the fee for the
`
`same be charged together with the charge for the instant petition (which charge is being paid online), or if
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`such combining the fees is not possible, that the charge for the motion which is now being requested to be
`
`considered a petition under 37 CPR. 2146 be made to deposit account 50-1943.
`
`FACTUAL AND PROCEDURAL BACKGROUND
`
`A.
`
`The Marks at Issue
`
`Empire filed applications 85/734,289, 85/734,672 and 85/733,861 on September 20, September
`
`21, and September 27, 2012 respectively, seeking registration of the following mark in connection With
`
`various goods and services in Classes 28, 41 and 43:
`
`Me.
`
`Empire filed applications 85/736,924, 85/737,435 and 85/736,472 on September 24, September
`
`25 and September 27, 2012 respectively, seeking registration of the following mark in connection with
`
`various goods and services in Classes 28, 41 and 43:
`
`089798.40301/pleadings
`
`2014, LVGV filed a sixth opposition proceeding against application 85/773,86l. LVGV opposed each of
`
`®
`
`(the two marks are hereinafter collectively referred to as “Empire’s Marks”).
`
`On March 3, 2014, Opposer LVGV LLC (“LVGV”) filed five separate opposition proceedings
`
`against applications 85/736,924, 85/737,435, 85/736,472, 85/734,672, and 85/734,289. On March 7,
`
`Empire’s applications on grounds of likelihood of confusion and asserted the same sixteen United States
`
`trademark registrations against each of Empire’s applications:
`
`3,411,031; 3,628,876; 3,544,752;
`
`3,627,974; 3,664,380; 3,747,310; 3,920,133; 3,894,290; 3,512,483; 3,632,946; 3,667,648; 3,620,814;
`
`3,620,816; 3,896,121; 3,896,122; and 3,977,752. The seven LVGV marks encompassing LVGV’s
`
`sixteen federal registrations asserted against Empire are as follows:
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`M IS FOR ME
`
`ltSUfiV-iFA-EflalNU
`\P.‘ vraes
`
`089798.40301.’pleadu1gs
`
`LVGV has asserted in each Proceeding. Empire yet further argued that consolidation will prejudice
`
`M RESORT
`
`These are referred to as collectively. the “LVGV Marks.”
`
`Notably. only four of LVGV’s registrations are in Class 41, Nine of the LVGV registrations are
`
`in Class 43, None of LVGV’s registrations are in Class 28. where two of Empire’s marks reside.
`
`LVGV filed all six Proceedings within days of one another; after all of Empire’s trademark
`
`applications had been filed, Empire denied any likelihood of confusion between Empire’s Marks. when
`
`used for the goods and services for which Empire seeks registration. and LVGV’s Marks,
`
`B.
`
`LVGV‘S Motion for Consolidation
`
`On or about July 22. 2014. LVGV filed Motions to Consolidate in each of the Proceedings.
`
`arguing that consolidation of the Proceedings was appropriate because the Proceedings involve identical
`
`parties and common questions of law and fact,
`
`On or about September 4. 2014. Empire opposed LVG “s Motions to Consolidate. arguing that
`
`the Proceedings do not involve common questions of fact because Empire’s marks are visually distinct
`
`and each application involves different goods and services presumed as a matter of law to move in
`
`different trade channels. Empire further argued that consolidation will. among other things. severely
`
`hinder Empire’s ability to differentiate and distinguish its six applications from the sixteen registrations
`
`30119884vl 0592042015 4:27 PM
`
`

`

`Empire. and work in LVGV’s favor by imposing briefing page limitations and/’or discovery limitations
`
`that would disproportionately affect Empire’s ability to defend its applications for registration.
`
`(f.
`
`Em ire’s Motions for Jud ment/Partial Jud ment on the Pleadin s
`
`In September 2014. Empire filed Motions for Judgment/Partial Judgment on the Pleadings in each
`
`of LVGV’s Oppositions. With respect
`
`to Opposition Nos, 91215216. 91215247. and 91215415.
`
`concerning Empire’s
`
`Me
`
`' mark. Empire moved for judgment as to all of LVGV’s asserted registrations.
`
`In Opposition Nos, 91215208 and 91215212. concerning Empire’s ®mark Empire moved for
`
`judgment as to fourteen (14) of LVGV’s registrations:
`
`3.667.648; 3.620.814; 3.620.816; 3.632.946;
`
`3.544.752; 3.512.483; 3.920.133; 3.896.121; 3.896.122; 3.977.752; 3.747.310; 3.894.290; 3.627.974 and
`
`3.664.380. And. with respect to Opposition No. 91215246. which also concerns Empire’s ® mark.
`
`089798.40301fpleadu1gs
`
`Empire moved for judgment as to twelve (12) ofLVGV’s registrations: 3.667.648; 3.620.814; 3.620.816;
`
`3.632.946; 3.544.752; 3.512.483; 3.920.133; 3.977.752; 3.747.310; 3.894.290; 3.627.974 and 3.664.380.
`
`Empire moved for judgment on the pleadings based on dissimilarity of the marks and. in many
`
`cases. the fact that the goods and services in Empire’s applications would not move in the same or related
`
`trade channels as the goods and services in LVGV’s registrations.
`
`LVGV opposed Empire’s Motions for Judgment on the Pleadings. arguing that Empire’s
`
`proposed goods and services overlap with LVGV’s goods and services.
`
`It further argued that Empire’s
`
`goods and services would be marketed to overlapping purchasers in overlapping channels of trade.
`
`Finally. LVGV argued that its pleaded registrations are similar to Empire’s applied-for marks.
`
`D.
`
`The Board’s April 1 Order
`
`On April 1. 2015. the Board entered a blanket Order denying Empire’s Motions for Judgment on
`
`the Pleadings. Without explanation the Board concluded. “[W]e find. at a minimum. genuine issues as to
`
`the strength of the marks and their commercial
`
`impressions.
`
`the similarities of the marks. and the
`
`30119884vl 0592042015 4:27 PM
`
`

`

`relatedness of the goods and services.” In that same Order, the Board also granted LVGV’s Motions to
`
`Consolidate, finding consolidation appropriate because the Proceedings allegedly involve the same
`
`parties, similar marks and common questions of law and fact.
`
`E.
`
`Empire’s Motions for Reconsideration
`
`On May 1, 2015, Empire filed a Motion for Reconsideration of the Denial of Empire’s Motions
`
`for Judgment on the Pleadings, arguing that, regardless of the relatedness of the goods and services
`
`between the parties’ marks (which Empire expressly denies), judgment on the pleadings as to the
`
`identified registrations
`
`is warranted by the
`
`striking dissimilarities of
`
`the marks
`
`at
`
`issue.
`
`Contemporaneous with that filing, Empire also filed a Motion for Reconsideration of the April 1, 2015
`
`Order Consolidating Opposition Proceedings, arguing, inter alia, that consolidation of the Proceedings
`
`unfairly prejudices Empire’s ability to defend its marks by forcing Empire to undertake a massive volume
`
`089798.40301/pleadings
`
`1 Empire’s counsel realizing that the May 1, 2015 Motion for Suspension of the Rules should have been filed as a
`petition under 37 CPR. 2.146(d)(2), requests that the May 1 Motion be considered as being a timely filed petition under that
`section.
`Authorization to charge counsel’s deposit account for that petition is set forth hereinbelow.
`Empire’s counsel
`apologizes for any inconvenience.
`
`of trademark differentiation in a single proceeding.
`
`F.
`
`Empire’s Motion for Suspension of the Rules
`
`On May 1, 2015, Empire also filed a Motion for Suspension of the Rules and for Extended Time
`
`to Petition the Director Regarding Procedural Improprieties Respecting the Board’s April 1, 2015
`
`Decision Denying Empire’s Motion for Judgment/Partial Judgment on the Pleadings (the “Motion for
`
`Suspension”). Therein, Empire requested a thirty-day (30) extension of time to file a petition to the
`
`Director regarding the Board’s April
`
`1 Order. The requested extension of time was necessitated by
`
`Empire’s counsel’s illness and a previously undiscovered docketing errorl.
`
`LVGV’s Oppositions
`
`On May 18, 2015, LVGV filed Oppositions to both of Empire’s Motions for Reconsideration, as
`
`well as Empire’s Motion for Suspension.
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`II.
`
`ARGUMENT
`
`37 C.F.R. § 2.127(a) provides that “a reply brief, if filed, shall be filed Within 15 days from the
`
`date of service of the brief in response to the motion. The time for filing a reply brief will not be
`
`extended.” Accordingly, under the rules, Empire has only until June 2, 2015, to file three separate reply
`
`briefs in support of the Motions for Reconsideration and the Motion for Suspension.
`
`Pursuant to 37 CPR. § 2.146(a)(5), a petition a may be taken to the director “in an extraordinary
`
`situation, when justice requires and no other party is injured thereby, to request a suspension or waiver of
`
`089798.40301/pleadings
`
`any requirement of the rules not being a requirement of the Act of 1946.” In light of the circumstances
`
`explained more fully below, Empire respectfully requests that the Director grant Empire 3. thirty-day (30)
`
`extension of time for Empire’s lead counsel, Charles N. Quinn (“Attorney Quinn”) to regain his health in
`
`order to file reply briefs in further support of Empire’s Motions for Reconsideration and Petition
`
`(previously “Motion”) for Suspension. Empire further requests that the Director stay all proceedings
`
`during the pendency of the determination of this Petition.
`
`Attorney Quinn has primary responsibility for defending Empire in this matter.
`
`(See Quinn
`
`Declaration attached as Exhibit A, at 1] 2 and 3.) Attorney Quinn has been ill for more than the past
`
`month due to an as of yet undiagnosed medical condition.
`
`(Id. at 1] 4.) This illness has caused Attorney
`
`Quinn to feel extremely tired and has greatly reduced his work productivity, forcing him to spend
`
`extended periods of time resting, out of the office.
`
`(Id. at 1] 4.) To date, he has been treated by three
`
`different physicians who have not been able to diagnose, much less cure, this illness.
`
`(Id. at 1] 4.) These
`
`physicians have recommended that Attorney Quinn rest for the next two weeks and that he eliminate or at
`
`least further reduce his time working.
`
`(Id. at 1] 5.)
`
`Due to his medical condition, Attorney Quinn is unable to prepare three (3) reply briefs in the
`
`next fifteen (15) days as is required under the rules. As demonstrated above,
`
`these consolidated
`
`proceedings involve six (6) trademark applications covering two (2) marks in multiple classes of goods
`
`and services. Further, LVGV has asserted seven (7) marks encompassing LVGV’s sixteen (16) federal
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`registrations against Empire’s applications. No other attorney at Fox Rothschild (Empire’s firm in these
`
`trademark matters) possesses anywhere near the same level of knowledge and understanding regarding
`
`Empire’s intended business, Empire’s Marks, LVGV’s Marks and registrations, and the issues being
`
`litigated in these Proceedings, as does Attorney Quinn.
`
`(Id. at 1] 3.) Empire therefore respectfully
`
`requests that the Director grant this Petition, suspend the rules regarding the timing for filing of reply
`
`have time to file reply briefs in further support of the Motions for Reconsideration and the Petition
`
`(previously “Motion”) for Suspension. Further, given other approachng case deadlines and the current
`
`procedural status of the papers at issue, Empire respectfully requests that the Director stay all Proceedings
`
`during the pendency of the determination of this Petition.
`
`LVGV will not be injured by the grant of the requested extension.
`
`It is LVGV that has delayed
`
`these proceedings by initially filing separate oppositions and then moving for consolidation, the decision
`
`on which took months to be issued.
`
`III.
`
`CONCLUSION
`
`briefs and grant Empire a thirty-day (30) extension of time in order that Attorney Quinn may recover and
`
`089798.40301/pleadings
`
`For the foregoing reasons, Empire respectfully requests that the Director grant this Petition and
`
`enter an order granting Empire a thirty-day (30) extension of time in order for Attorney Quinn to regain
`
`his health and have time to file reply briefs in further support of (1) Empire’s Motion for Reconsideration
`
`of the Denial of Empire’s Motions for Judgment on the Pleadings;
`
`(2) Empire’s motion for
`
`Reconsideration of the April 1, 2015 Order Consolidating Opposition Proceedings; and (3) Empire’s
`
`Petition (previously “Motion”) for Suspension of the Rules and for Extended Time to Petition the
`
`Director Regarding Procedural Improprieties Respecting the Board’s April 1, 2015 Decision Denying
`
`Empire’s Motion for Judgment/Partial Judgment on the Pleadings.
`
`Empire further requests that the Director order that Empire’s timely filed May 1, 2015 Motion for
`
`Suspension of the Rules be considered as a petition under 37 CPR. 2.146(d)(2), since the filing was
`
`timely and the fee is being tendered herewith.
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`Additionally, Empire further requests that the Director stay all Proceedings pending a decision on
`
`this Petition.
`
`The fee for this petition is being paid by credit card on line. Please charge any additional fees and
`
`credit any overpayment to deposit account 50-1943.
`
`Eagleview Corporate Center
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`6 10-45 8-4984
`
`089798.40301/pleadings
`
`Dated: 20 May 2015
`
`Respectfully submitted,
`
`FOX ROTHSCHILD
`
`/Melissa E. Scott/
`Charles N. Quinn
`Melissa E. Scott
`
`Attorneys for Applicant
`Fox Rothschild LLP
`
`610-458-7337 (fax)
`cguinn@foxrothschild. com
`mscott@foxrothschi1d.com
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`LVGV LLC,
`
`: Opposition Nos.
`:
`91215208 (Parent), 91215212,91215216,
`'
`91215246,91215247 and 91215415
`
`Opposer ,
`
`: Mark: “ME. (stylized)”
`
`Serial Numbers 85/734,289;
`85/734,672; and 85/773,861
`
`Mark: “M (stylized)”
`
`Serial Numbers 85/737,435;
`85/736,924; and 85/736,471
`
`Empire Resorts, Inc.,
`
`
`
`Applicant,
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`089798.40301/pleadings
`
`CERTIFICATE OF SERVICE
`
`I, Deanna McGregor, hereby certify that, on 20 May 2015, I served a true and correct copy of
`
`Empire’s Petition for Suspension of the Rules and for Extension of Time to File Reply Briefs on
`
`Opposer’s Counsel Via electronic mail, pursuant to prior agreement of the parties, at the addresses below:
`
`Hara K. Jacobs
`
`Troy Larson
`BALLARD SPAHR LLP
`
`1735 Market Street, 51st Floor
`Philadelphia, PA 19103
`jacobsh@ballardspahr. com
`larsont@ballardspahr. com
`
`/—d—/
`
`Deanna M. McGregor
`
`30119884V1 05/20/2015 4:27 PM
`
`

`

`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`LVGV, LLC
`
`Empire Resorts, Inc.
`
`:
`'
`
`91215247
`91215415
`
`Opposer
`
`Applicant
`
`. Opposition Nos. 91215208 (parent)
`:
`91215212
`’
`91215216
`:
`91215246
`
`089798.40301/pleadings
`
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`DECLARATION OF CHARLES N. QUINN
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`1,
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`1, Charles N. Quinn, hereby declare that I am a citizen of the United States,
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`residing at 419 Bowen Drive, Exton, Pennsylvania, 19341, a partner in the law firm of Fox
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`Rothschild LLP having my principal office at 747 Constitution Drive, Suite 100, Exton,
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`Pennsylvania, 19341, a member in good standing of the Bar of the Supreme Court of the
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`Commonwealth of Pennsylvania holding registration number 17,603 therein, admitted in good
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`standing to practice in patent matters before the United States Patent and Trademark Office
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`pursuant to registration 27,223, and am the attorney of record for the Applicant, Empire Resorts,
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`Inc., in the above—referenced matter.
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`2,
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`I am the lawyer principally responsible for representing Empire in the above-
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`captioned proceedings and have been so since the filing of the applications that are the subject of
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`the opposition proceedings.
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`3.
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`As such, I have far more knowledge regarding these proceedings and their
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`background and the facts involved than any other person in our firm. Other than me, only
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`attorney Darcy Williams, who resigned from our firm in November, and attorney Melissa Scott,
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`who only recently joined our firm, have worked on any of the Empire trademark work, of which
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`the above referenced consolidated opposition proceeding is a major component.
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`4.
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`Over the past month I have been ill fighting a bacterial or viral respiratory
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`condition, with an associated eye infection, which three physicians have been unable to diagnose
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`with certainty and hence have been unable to treat effectively, over the last month.
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`I have been
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`on three different antibiotics as well as a collection of other medications, including steroids and
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`eye medications. The condition has left me extremely tired and weak and unable to work
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`efficiently. As a result I have missed significant office time since I first contracted this
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`condition.
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`089798.40301/pleadings
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`statements made herein are true and that all statements made herein on information and belief are
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`5.
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`The doctors I have consulted have advised me to take time off from work, to be
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`diligent in taking my medications, and especially to rest for a couple of weeks to try to recover
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`from this illness.
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`I anticipate spending little if any time in the office for the next two weeks.
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`Accordingly, I will be unable, in the time required under the relevant rules, to address the papers
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`that have been served by LVGV that are the subject of the accompanying petition, as well as the
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`other issues raised in the petition.
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`6.
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`I hereby declare, under penalty of perjury pursuant to 28 USC 1746, that all
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`believed to be true and further that I realize that false statements and the like so made herein are
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`punishable by fine, or imprisonment or both, under 18 USC 1001 et seq.
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`Date:
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`20 May 2015
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`/Charles N. Quinn/
`Charles N‘ Quinn
`Attorney for Applicant
`Fox Rothschild LLP
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`Eagleview Corporate Center
`747 Constitution Drive, Suite 100
`Exton, PA 19341
`610—458-4984
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`089798.40301/pleadings
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`610-458-7337 (fax)
`cguinn@foxrothschild. com
`WWW.foxrothschi1d. com
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`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
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`LVGV, LLC
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`Empire Resorts, Inc.
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`Opposer
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`Applicant
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`. Opposition Nos. 91215208 (parent)
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`91215212
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`91215216
`:
`91215246
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`:
`'
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`91215247
`91215415
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`089798.40301/pleadings
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`1735 Market Street, 51St Floor
`Philadelphia, PA 19103
`jacobsh@ballardspahr.com
`1arsont@ballardspahr.com
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`CERTIFICATE OF SERVICE
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`I, Deanna M. McGregor, hereby certify that a true and correct copy of the foregoing
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`Declaration of Charles N, Quinn, Esquire was served on Opposer’s Counsel Via electronic mail
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`on 20 May 2015 at the addresses below:
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`Hara K. Jacobs
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`Troy Larson
`BALLARD SPAHR LLP
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`/—d—/
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`Deanna M. McGregor
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