UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
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` Mailed: December 26, 2013
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`Opposition No. 91214205
`Serial No. 85699385
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`GEOFFREY D. AURINI
`HARNESS, DICKEY & PIERCE, P.L.C.
`5445 CORPORATE DR STE 200
`TROY, MI 48098-2683
`docketingtm@hdp.com
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`CRAMBO, S.A.
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`v.
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`Panasonic Corporation
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`Stewart J. Bellus
`COLLARD AND ROE
`1077 NORTHERN BLVD
`ROSLYN, NY 11576
`sbellus@collardroe.com
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`ESTTA578806
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` A
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` notice of opposition to the registration sought by the above-
`identified application has been filed. A service copy of the notice of
`opposition was forwarded to applicant (defendant) by the opposer
`(plaintiff). An electronic version of the notice of opposition is
`viewable in the electronic file for this proceeding via the Board's
`TTABVUE system: http://ttabvue.uspto.gov/ttabvue/v?qs=91214205.
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`Proceedings will be conducted in accordance with the Trademark Rules of
`Practice, set forth in Title 37, part 2, of the Code of Federal
`Regulations ("Trademark Rules"). These rules may be viewed at the
`USPTO's trademarks page: http://www.uspto.gov/trademarks/index.jsp. The Board's
`main webpage (http://www.uspto.gov/trademarks/process/appeal/index.jsp) includes
`information on amendments to the Trademark Rules applicable to Board
`proceedings, on Alternative Dispute Resolution (ADR), Frequently Asked
`Questions about Board proceedings, and a web link to the Board's manual
`of procedure (the TBMP).
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`Plaintiff must notify the Board when service has been ineffective,
`within 10 days of the date of receipt of a returned service copy or the
`date on which plaintiff learns that service has been ineffective.
`Plaintiff has no subsequent duty to investigate the defendant's
`whereabouts, but if plaintiff by its own voluntary investigation or
`through any other means discovers a newer correspondence address for
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`the defendant, then such address must be provided to the Board.
`Likewise, if by voluntary investigation or other means the plaintiff
`discovers information indicating that a different party may have an
`interest in defending the case, such information must be provided to
`the Board. The Board will then effect service, by publication in the
`Official Gazette if necessary. See Trademark Rule 2.118. In
`circumstances involving ineffective service or return of defendant's
`copy of the Board's institution order, the Board may issue an order
`noting the proper defendant and address to be used for serving that
`party.
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`Defendant's ANSWER IS DUE FORTY DAYS after the mailing date of this
`order. (See Patent and Trademark Rule 1.7 for expiration of this or
`any deadline falling on a Saturday, Sunday or federal holiday.) Other
`deadlines the parties must docket or calendar are either set forth
`below (if you are reading a mailed paper copy of this order) or are
`included in the electronic copy of this institution order viewable in
`the Board's TTABVUE system at the following web address:
`http://ttabvue.uspto.gov/ttabvue/.
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`Defendant's answer and any other filing made by any party must include
`proof of service. See Trademark Rule 2.119. If they agree to, the
`parties may utilize electronic means, e.g., e-mail or fax, during the
`proceeding for forwarding of service copies. See Trademark Rule
`2.119(b)(6).
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`The parties also are referred in particular to Trademark Rule 2.126,
`which pertains to the form of submissions. Paper submissions,
`including but not limited to exhibits and transcripts of depositions,
`not filed in accordance with Trademark Rule 2.126 may not be given
`consideration or entered into the case file.
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`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
`Plaintiff's 15-day Rebuttal Period Ends
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`2/4/2014
`3/6/2014
`3/6/2014
`4/5/2014
`8/3/2014
`9/2/2014
`10/17/2014
`12/1/2014
`12/16/2014
`1/30/2015
`2/14/2015
`3/16/2015
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`As noted in the schedule of dates for this case, the parties are
`required to have a conference to discuss: (1) the nature of and basis
`for their respective claims and defenses, (2) the possibility of
`settling the case or at least narrowing the scope of claims or
`defenses, and (3) arrangements relating to disclosures, discovery and
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`introduction of evidence at trial, should the parties not agree to
`settle the case. See Trademark Rule 2.120(a)(2). Discussion of the
`first two of these three subjects should include a discussion of
`whether the parties wish to seek mediation, arbitration or some other
`means for resolving their dispute. Discussion of the third subject
`should include a discussion of whether the Board's Accelerated Case
`Resolution (ACR) process may be a more efficient and economical means
`of trying the involved claims and defenses. Information on the ACR
`process is available at the Board's main webpage. Finally, if the
`parties choose to proceed with the disclosure, discovery and trial
`procedures that govern this case and which are set out in the Trademark
`Rules and Federal Rules of Civil Procedure, then they must discuss
`whether to alter or amend any such procedures, and whether to alter or
`amend the Standard Protective Order (further discussed below).
`Discussion of alterations or amendments of otherwise prescribed
`procedures can include discussion of limitations on disclosures or
`discovery, willingness to enter into stipulations of fact, and
`willingness to enter into stipulations regarding more efficient options
`for introducing at trial information or material obtained through
`disclosures or discovery.
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`The parties are required to conference in person, by telephone, or by
`any other means on which they may agree. A Board interlocutory
`attorney or administrative trademark judge will participate in the
`conference, upon request of any party, provided that such participation
`is requested no later than ten (10) days prior to the deadline for the
`conference. See Trademark Rule 2.120(a)(2). The request for Board
`participation must be made through the Electronic System for Trademark
`Trials and Appeals (ESTTA) or by telephone call to the interlocutory
`attorney assigned to the case, whose name can be found by referencing
`the TTABVUE record for this case at http://ttabvue.uspto.gov/ttabvue/. The
`parties should contact the assigned interlocutory attorney or file a
`request for Board participation through ESTTA only after the parties
`have agreed on possible dates and times for their conference.
`Subsequent participation of a Board attorney or judge in the conference
`will be by telephone and the parties shall place the call at the agreed
`date and time, in the absence of other arrangements made with the
`assigned interlocutory attorney.
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`The Board's Standard Protective Order is applicable to this case, but
`the parties may agree to supplement that standard order or substitute a
`protective agreement of their choosing, subject to approval by the
`Board. The standard order is available for viewing at:
`http://www.uspto.gov/trademarks/process/appeal/guidelines/stndagmnt.jsp. Any party
`without access to the web may request a hard copy of the standard order
`from the Board. The standard order does not automatically protect a
`party's confidential information and its provisions must be utilized as
`needed by the parties. See Trademark Rule 2.116(g).
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`Information about the discovery phase of the Board proceeding is
`available in chapter 400 of the TBMP. By virtue of amendments to the
`Trademark Rules effective November 1, 2007, the initial disclosures and
`expert disclosures scheduled during the discovery phase are required
`only in cases commenced on or after that date. The TBMP has not yet
`been amended to include information on these disclosures and the
`parties are referred to the August 1, 2007 Notice of Final Rulemaking
`(72 Fed. Reg. 42242) posted on the Board's webpage. The deadlines for
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`pretrial disclosures included in the trial phase of the schedule for
`this case also resulted from the referenced amendments to the Trademark
`Rules, and also are discussed in the Notice of Final Rulemaking.
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`The parties must note that the Board allows them to utilize telephone
`conferences to discuss or resolve a wide range of interlocutory matters
`that may arise during this case. In addition, the assigned
`interlocutory attorney has discretion to require the parties to
`participate in a telephone conference to resolve matters of concern to
`the Board. See TBMP § 502.06(a) (2d ed. rev. 2004).
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`The TBMP includes information on the introduction of evidence during
`the trial phase of the case, including by notice of reliance and by
`taking of testimony from witnesses. See TBMP §§ 703 and 704. Any
`notice of reliance must be filed during the filing party's assigned
`testimony period, with a copy served on all other parties. Any
`testimony of a witness must be both noticed and taken during the
`party's testimony period. A party that has taken testimony must serve
`on any adverse party a copy of the transcript of such testimony,
`together with copies of any exhibits introduced during the testimony,
`within thirty (30) days after the completion of the testimony
`deposition. See Trademark Rule 2.125.
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`Briefs shall be filed in accordance with Trademark Rules 2.128(a) and
`(b). An oral hearing after briefing is not required but will be
`scheduled upon request of any party, as provided by Trademark Rule
`2.129.
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`If the parties to this proceeding are (or during the pendency of this
`proceeding become) parties in another Board proceeding or a civil
`action involving related marks or other issues of law or fact which
`overlap with this case, they shall notify the Board immediately, so
`that the Board can consider whether consolidation or suspension of
`proceedings is appropriate.
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`ESTTA NOTE: For faster handling of all papers the parties need to file
`with the Board, the Board strongly encourages use of electronic filing
`through the Electronic System for Trademark Trials and Appeals (ESTTA).
`Various electronic filing forms, some of which may be used as is, and
`others which may require attachments, are available at http://estta.uspto.gov.
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