Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA881622 Filing date: 03/07/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91238258 Party Plaintiff Wonderful Citrus LLC Correspondence DARYA P LAUFER ESQ Address ROLL LAW GROUP PC 11444 WEST OLYMPIC BLVD LOS ANGELES, CA 90064 UNITED STATES Email:
[email protected],
[email protected] Submission Other Motions/Papers Filer's Name Michael M. Vasseghi Filer's email
[email protected],
[email protected] Signature / Michael M. Vasseghi / Date 03/07/2018 Attachments Opposition with Exhibits-reduced size.pdf(1950576 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE TRADEMARK TRIAL AND APPEAL BOARD Wonderful Citrus LLC, Opposition No. 91238258 Opposer, Application Serial No. 87/472272 v. APB, Inc. dba Vision Produce Company, Applicant. OPPOSER WONDERFUL CITRUS LLC’S OPPOSITION TO APPLICANT’S MOTION FOR JUDGMENT ON THE PLEADINGS I. INTRODUCTION Applicant moves for judgment on the pleadings (“Motion”), arguing that “there is no genuine issue as to Opposer’s lack of prior rights in a trademark that could be confusingly similar to Applicant’s Mark.” (Motion pg. 3.)1 Applicant’s Motion is not well taken. It acknowledges that Opposer has alleged exactly what it takes issue with – that Opposer has prior rights in a trademark that could be confusingly similar to Applicant’s Mark. Despite this, Applicant seeks to take issue with those allegations, implicitly contending that Opposer will be unable to prove what it has alleged. (Motion pg. 2.) This is not a proper basis for judgment on the pleadings, which must accept as true all allegations asserted in the Opposition.