Emerald Cities Collaborative, Inc.v.Sheri Jean RoeseDownload PDFTrademark Trial and Appeal BoardDec 4, 2014No. 91197060 (T.T.A.B. Dec. 4, 2014) Copy Citation Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA642683 Filing date: 12/04/2014 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91197060 Party Plaintiff Emerald Cities Collaborative, Inc. Correspondence Address JOSHUA W NEWMAN REED SMITH LLP 10 SOUTH WACKER DRIVE 40TH FLOOR CHICAGO, IL 60606-7507 UNITED STATES jnewman@reedsmith.com, bnewberg@ReedSmith.com, ipdocket- chi@reedsmith.com, jnewman@reedsmith.com, awashelesky@reedsmith.com Submission Other Motions/Papers Filer's Name Joshua W. Newman Filer's e-mail jnewman@reedsmith.com, IPDocket-CHI@reedsmith.com Signature /Joshua W. Newman/ Date 12/04/2014 Attachments Opposer-Counterclaim Defendant's Motion for Leave to File Motion to Strike Ap- plicant-Counterclaim Plaintiff's Third Status Update and Closing Rebut- tal.pdf(13952 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD EMERALD CITIES COLLABORATIVE, INC., Opposer, v. SHERI JEAN ROESE, Applicant. SHERI JEAN ROESE, Counterclaim Petitioner, v. EMERALD CITIES COLLABORATIVE, INC., Counterclaim Defendant. Opposition No. 91197060 Application No. 77/819,939 Registration No. 3,814,868 OPPOSER-COUNTERCLAIM DEFENDANT EMERALD CITIES COLLABORATIVE, INC.’S MOTION FOR LEAVE TO FILE A MOTION TO STRIKE APPLICANT- COUNTERCLAIM PLAINTIFF’S THIRD STATUS UPDATE AND CLOSING REBUTTAL On December 19, 2012, the Board issued an Order stating that “no further motions may be filed absent leave of the Board. Dkt. 48. On July 11, 2013, the Board issued another Order which, among other things, reminded the parties that “leave of the Board must be required prior to filing all motions.” Dkt. 64. On November 21, 2014 and November 26, 2014, Ms. Roese, in contravention of the above-referenced Orders, filed papers with the Board titled “3rd STATUS UPDATE” and “CLOSING REBUTTAL.” Dkts. 107 and 108. These papers contain factual inaccuracies and unfounded legal arguments, which if left on the record unrebutted could prejudice Opposer. Since Ms. Roese did not seek leave from the Board prior to filing these documents, and because - 2 - there is no other basis for Ms. Roese’s submissions, Opposer-Counterclaim Defendant seeks leave to file a motion to have these documents stricken.1 Dated: December 4, 2014 Respectfully submitted, /s/Joshua W. Newman/ Joshua W. Newman Angela M. Washelesky Reed Smith LLP 10 South Wacker Drive Chicago, IL 60606-7507 Telephone +1 312 207 6421 Facsimile +1 312 207 6400 jnewman@reedsmith.com Attorneys for Opposer/Counterclaim Defendant 1 In the event that leave is not granted by the Board, Opposer-Counterclaim Defendant respectfully requests that the Board provide Opposer-Counterclaim Defendant with an opportunity to respond to the aforementioned papers recently filed by Ms. Roese. - 3 - CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing OPPOSER-COUNTERCLAIM DEFENDANT EMERALD CITIES COLLABORATIVE, INC.’S MOTION FOR LEAVE TO FILE A MOTION TO STRIKE APPLICANT-COUNTERCLAIM PLAINTIFF’S THIRD STATUS UPDATE AND CLOSING REBUTTAL, upon Applicant-Counterclaim Plaintiff, by transmitting an electronic copy thereof via electronic mail, and by depositing a copy thereof in the United States Mail, first-class prepaid, on December 4, 2014, addressed as follows: Ms. Sheri Roese Emerald Cities USA Ltd. 34522 N. Scottsdale Road, Ste 637 Scottsdale, AZ 85266 sheri@emeraldcitiesusa.com /s/ Joshua W. Newman Joshua W. Newman Reed Smith LLP 10 South Wacker Drive Chicago, IL 60606-7507 Telephone +1 312 207 6421 Facsimile +1 312 207 6400 jnewman@reedsmith.com Copy with citationCopy as parenthetical citation
