Estta797162 01/25/2017 in the United States
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA797162 Filing date: 01/25/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91212834 Party Defendant Mobigame Correspondence PATRICK J CONCANNON Address NUTTER MCLENNEN & FISH 155 SEAPORT BLVD BOSTON, MA 02210-2698 UNITED STATES [email protected], [email protected] Submission Defendant's Notice of Reliance Filer's Name Patrick J. Concannon Filer's e-mail [email protected], [email protected] Signature /PJC/ Date 01/25/2017 Attachments Notice of Reliance on Official Records with Exhibits OR1-OR3.pdf(5364277 bytes ) Notice of Reliance Exhibit OR4.pdf(1279357 bytes ) Notice of Reliance Exhibits OR5-OR7.pdf(539180 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of application Serial No. 79/067304 Published June 4, 2013 EDGE GAMES,INC., Opposer, v. Opposition No. 91212834 MOBIGAME, Applicant. APPLICANT'S NOTICE OF RELIANCE ON OFFICIAL RECORDS UNDER 37 C.F.R.§ 2.122(e) Pursuant to Rule 2.122(e) of the Trademark Rules of Practice, 37 C.F.R. § 2.122(e), and TBMP § 704.07, Applicant Mobigame hereby makes of record and notifies Opposer of its reliance on the following official record(s): 1. True and correct copies of corporate registry database records from the California Secretary of State's corporate database specific to The Edge Interactive, Inc. and Edge Games, Inc. printed from the Internet by Patrick Concannon on January 17, 2017, which are attached hereto as Exhibit OR1. These records are: "Business Search — Entity Detail" for California entity number C2767367;"Statement of Information" filed December 28, 2016 concerning California entity number C2767367;"Business Search — Entity Detail" for California entity number C1677002; and "Statement of Information" filed February 19, 2010 concerning California entity number C1677002. Applicant will rely on these records to show that The Edge Interactive, Inc. and Edge Games, Inc. are separate business entities that each are ongoing and subsisting, and that Edge Games, Inc. is not:(a) merely the new name for The Edge Interactive, Inc.; nor (b)the result of a merger with The Edge Interactive, Inc. Applicant intends to rely upon all pages submitted at Exhibit OR1. 2. A true and correct copy of an October 1, 2010 "Order Denying Motion for Preliminary Injunction" authored by Hon. William Alsup, United States District Judge, in connection with Opposer's civil suit No. C 10-02614 WHA in the United States District Court of the District of Northern California printed from the Internet by Patrick Concannon on January 17, 2017, which is attached hereto as Exhibit OR2. Applicant will rely on this official record to impeach the credibility of Dr. Tim Langdell, who has testified in these proceedings for Opposer. Applicant intends to rely upon pages 8-23 of this document. 3. A true and correct copy of a June 13, 2011 Judgment authored by the Hon. Mrs. Justice Proudman in connection with civil case number HC09CO2265 in the United Kingdom High Court of Justice, Chancery Division, brought by Future Publishing Limited against Opposer and printed from the Internet by Patrick Concannon on January 17, 2017, which is attached hereto as Exhibit OR3. In that case Opposer was accused of breach of contract, breach of copyright and passing off claims against Future Publishing Limited. Applicant will rely on this official record and printed publication to impeach the credibility of Dr. Tim Langdell, who has testified in this proceeding for Opposer. Applicant intends to rely upon all pages submitted at Exhibit OR3. 4. A true and correct copy of a March 18, 2014 Judgment authored by Ms. Judi Pike, acting on behalf of the United Kingdom Intellectual Property Office Trade Marks Registrar, the Comptroller-General, in connection with opposition number 101125 brought by Future Publishing Limited concerning Opposer's 2540453, printed from the Internet by Patrick Concannon on January 20, 2017, which is attached hereto as Exhibit OR4. The Judgment includes appendices comprised of written decision by Hearings Officer Mr. Edward Smith dated February 23, 2012. Applicant will rely on this official record to impeach the credibility of Dr. Tim Langdell, who testified in this proceeding for Opposer. Applicant also will rely on this official record to discredit Opposer's claim that it holds a power of attorney granted by Future Publishing Limited and to demonstrate that any purported assignment of Future Publishing Limited's trademark rights to Opposer by Opposer acting under any such power of attorney is invalid under applicable law. Applicant intends to rely upon all pages submitted at Exhibit OR4. 5. A true and correct copy of a July 25, 2010 Judgment No. 0/283/12 authored by Mr. David Landau, acting on behalf of the United Kingdom Intellectual Property Office Trade Marks Registrar, the Comptroller-General, in connection with a dispute between Future Publishing Limited and Opposer concerning Opposer's purported assignment of United Kingdom Trade Mark Reg. Nos. 2552136 and 2552147, printed from the Internet by Patrick Concannon on January 25, 2017, which is attached hereto as Exhibit ORS. Applicant will rely on this official record to impeach the credibility of Dr. Tim Langdell, who testified in this proceeding for Opposer. Applicant also will rely on this official record to discredit Opposer's claim that it holds a power of attorney granted by Future Publishing Limited and to demonstrate that any purported assignment of Future Publishing Limited's trademark rights to Opposer by Opposer acting under any such power of attorney is invalid under applicable law. Applicant intends to rely upon all pages submitted at Exhibit ORS. 6. A true and correct copy of a March 18, 2014 appeal Decision authored by Mr. Geoffrey Hobbes Q.C. sitting as the Appointed Person to decide an appeal of Judgment No. 0/283/12 issued by Mr. David Landau (see above Paragraph 5 and Exhibit ORS), printed from the Internet by Patrick Concannon on January 25, 2017, and which is attached hereto as Exhibit OR6. Applicant will rely on this official record to impeach the credibility of Dr. Tim Langdell, who testified in this proceeding for Opposer. Applicant also will rely on this official record to discredit Opposer's claim that it holds a power of attorney granted by Future Publishing Limited and to demonstrate that any purported assignment of Future Publishing Limited's trademark rights to Opposer by Opposer acting under any such power of attorney is invalid under applicable law. Applicant intends to rely upon all pages submitted at Exhibit OR6. 7. A true and correct copy of a November 7, 2008 Memorandum Opinion authored by Judge James R. Spencer of the United States District Court for Eastern District of Virginia, in connection with civil suit No. 3:08cv135 brought by Velocity Micro, Inc. against The Edge Interactive Media, Inc., printed from the Internet by Patrick Concannon on January 20, 2017, which is attached hereto as Exhibit OR7. Applicant will rely on this official record to impeach the credibility of Dr. Tim Langdell, who testified in this proceeding for Opposer. Applicant intends to rely upon all pages submitted at Exhibit OR7. Dated: January 25, 2017 MOBIGAME tto e P trick J. Con pconcannon@ .com Nutter, McClennen & Fish, LLP Seaport West 155 Seaport Boulevard Boston, MA 02210 Telephone: (617)439-2177 CERTIFICATE OF SERVICE I hereby certify that the foregoing APPLICANTS NOTICE OF RELIANCE ON OFFICIAL RECORDS UNDER 37 C.F.R. § 2.122(e) was served by First Class Mail upon Opposer to the below-indicated address on this 25th day of January 2017. Dr. Timothy Langdell Edge Games, Inc. 530 South Lake Avenue #171 Pasadena, CA 91101 Patrick J. Cone 3492211.1 Exhibit OR1 Business Search - Business Entities - Business Programs l California Secretary of State Page 1 of2 Alex Padilla California Secretary of State Qs Business Search - Entity Detail The California Business Search is updated daily and reflects work processed through Monday, January 16, 2017. Please refer to document Processing Times for the received dates of filings currently being processed. The data provided is not a complete or certified record of an entity. Not all images are available online. C2767367 EDGE GAMES, INC. Registration Date: 07/12/2005 Jurisdiction: CALIFORNIA Entity Type: DOMESTIC STOCK Status: ACTIVE Agent for Service of Process: TIM LANGDELL 70 SOUTH LAKE AVENUE PASADENA CA 91101 Entity Address: 70 SOUTH LAKE AVENUE PASADENA CA 91101 Entity Mailing Address: STE 171 PASADENA CA 91101 A Statement of Information is due EVERY year beginning five months before and through the end of July. Document Type it File Date 11 PDF SI-NO CHANGE 12/28/2016 SI-COMPLETE 05/01/2010 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • If the image of a Statement of Information is not available online, for information on ordering a copy of that statement refer to Information Requests. • For information on ordering certificates, status reports, certified copies of documents and copies of documents not currently available in the Business Search such as a filing that is not a Statement of Information or filings for other types of business entities, or to request a more extensive search for records, refer to Information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Frequently Asked Questions.