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Snuggie TM Cancellation Pleadings

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    Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

    ESTTA Tracking number: ESTTA268457

    Filing date: 02/24/2009

    IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

    BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

    Petition for Cancellation

    Notice is hereby given that the following party requests to cancel indicated registration.

    Petitioner Information

    Name Allstar Marketing Group, LLC

    Entity Limited Liability Company Citizenship New York

    Address 4 Skyline DriveHawthorne, NY 10532UNITED STATES

    Attorneyinformation

    Brendan P. McFeelyKANE KESSLER, P.C.1350 AVENUE OF THE AMERICAS 26TH FLOORNEW YORK, NY 10019UNITED [email protected] Phone:212-541-6222

    Registration Subject to Cancellation

    Registration No 2351180 Registration date 05/23/2000

    Registrant Alpha Mills Corporation122 Margaretta StreetSchuylkill Haven, PA 17972UNITED STATES

    Goods/Services Subject to CancellationClass 025. First Use: 1958/05/20 First Use In Commerce: 1988/02/12All goods and services in the class are cancelled, namely: Apparel for Ladies and Girls, Namely,Knitted Underwear, Vests, Camisoles, Long and Short Sleeved Tops, Ankle Pant, Above-Knee Pant,and Below-Knee Pant

    Grounds for Cancellation

    Torres v. Cantine Torresella S.r.l.Fraud 808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)

    Genericness Trademark Act section 23

    Abandonment Trademark Act section 14

    Attachments SNUGGIES cancellation petition.pdf ( 6 pages )(202795 bytes )

    Certificate of Service

    The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their addressrecord by Overnight Courier on this date.

    http://estta.uspto.gov/http://estta.uspto.gov/
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    Signature /brendan p mcfeely/

    Name Brendan P. McFeely

    Date 02/24/2009

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    vbMailed: May 5, 2009

    Cancellation No. 92050585

    Allstar Marketing Group, LLC

    v.

    Alpha Mills Corporation

    Jennifer Krisp, Interlocutory Attorney:

    On April 20, 2009, the Board issued notice of default

    because no answer had been filed.

    Registrants answer to the petition to cancel, filed

    April 27, 2009 is noted. Registrant states in its response

    to the Boards order the failure to timely file its answer

    was inadvertent.

    If a registrant who has failed to file a timely answer

    to the complaint responds to a notice of default by filing a

    satisfactory showing of good cause why default judgment

    should not be entered against it, the Board will set aside

    the notice of default. See Fed. R. Civ. P. 55(c); and TBMP

    312.02 (2d ed. rev. 2004).

    The Board finds that registrants failure to file a

    timely answer was not the result of willful inattention or

    bad faith. Moreover, petitioner is not prejudiced by

    UNITED STATES PATENT AND TRADEMARK OFFITrademark Trial and Appeal BoardP.O. Box 1451Alexandria, VA 22313-1451

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    Cancellation No. 92050585

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    registrants late filing. See Fred Hayman Beverly Hills,

    Inc. v. Jacques Bernier, Inc., 21 USPQ2d 1556, 1557 (TTAB

    1991). Because the Board favors deciding cases on their

    merits, the Board is reluctant to enter default judgments.

    See Paolo's Associates Limited Partnership v. Paolo Bodo, 21

    USPQ2d 1899, 1902 (Comm'r 1990).

    Accordingly, the notice of default is set aside.

    Registrants answer to the petition to cancel filed April

    27, 2009 is accepted and is of record.

    Conferencing, disclosure, discovery and trial dates

    are hereby reset as follows:

    Deadline for DiscoveryConference 6/3/2009Discovery Opens 6/3/2009Initial Disclosures Due 7/3/2009Expert Disclosures Due 10/31/2009Discovery Closes 11/30/2009Plaintiff's Pretrial

    Disclosures 1/14/2010Plaintiff's 30-day Trial PeriodEnds 2/28/2010Defendant's PretrialDisclosures 3/15/2010Defendant's 30-day Trial PeriodEnds 4/29/2010Plaintiff's RebuttalDisclosures 5/14/2010Plaintiff's 15-day RebuttalPeriod Ends 6/13/2010

    In each instance, a copy of the transcript of testimony

    together with copies of documentary exhibits, must be served

    on the adverse party within thirty days after completion of

    the taking of testimony. Trademark Rule 2.l25.

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    Cancellation No. 92050585

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    Briefs shall be filed in accordance with Trademark

    Rules 2.128(a) and (b). An oral hearing will be set only

    upon request filed as provided by Trademark Rule 2.l29.

    **

    NEWS FROM THE TTAB:

    The USPTO published a notice of final rulemaking in theFederal Register on August 1, 2007, at 72 F.R. 42242. Bythis notice, various rules governing Trademark Trial and

    Appeal Board inter partes proceedings are amended. Certainamendments have an effective date of August 31, 2007, whilemost have an effective date of November 1, 2007. Forfurther information, the parties are referred to a reprintof the final rule and a chart summarizing the affectedrules, their changes, and effective dates, both viewable onthe USPTO website via these web addresses:http://www.uspto.gov/web/offices/com/sol/notices/72fr42242.pdfhttp://www.uspto.gov/web/offices/com/sol/notices/72fr42242_FinalRuleChart.pdf

    By one rule change effective August 31, 2007, the Board'sstandard protective order is made applicable to all TTABinter partes cases, whether already pending or commenced onor after that date. However, as explained in the final ruleand chart, this change will not affect any case in which anyprotective order has already been approved or imposed by theBoard. Further, as explained in the final rule, parties arefree to agree to a substitute protective order or tosupplement or amend the standard order even after August 31,2007, subject to Board approval. The standard protectiveorder can be viewed using the following web address:http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm


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