Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA979902 Filing date: 06/11/2019 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91243206 Party Defendant Andre Rozier Correspondence FRANCIS JOHN CIARAMELLA Address RICK RUZ PLLC 300 SEVILLA AVENUE CORAL GABLES, FL 33134 UNITED STATES
[email protected] 305-921-9326 Submission Opposition/Response to Motion Filer's Name Francis John Ciaramella, Esquire Filer's email
[email protected] Signature /Francis John Ciaramella/ Date 06/11/2019 Attachments Motion in Opposition to Opposer Rule 56d Motion for Necessary Discov- ery.pdf(174888 bytes ) Exhibit A.pdf(5949976 bytes ) Exhibit B.pdf(103293 bytes ) Exhibit C.pdf(156497 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD ____________________________ HAVOC BOXING PROMOTIONS LLC, Opposer, v. Opposition No. 91243206 ANDRE ROZIER, Applicant. ____________________________ APPLICANT’S MOTION IN OPPOSITION TO OPPOSER’S RULE 56(d) MOTION FOR NECESSARY DISCOVERY In response to Opposer’s Rule 56(d) Motion (“Motion”), filed by the Opposer on May 22, 2019, the Applicant hereby responds as follows. Here, the Opposer requests that the Board allow them to conduct additional discovery in order to respond fully to Applicant’s currently pending Motion for Summary Judgment filed by the Applicant on May 2, 2019. However, here, the Applicant has already produced substantial evidence to the Opposer documenting its prior use of a confusingly similar trademark, all before filing its Motion for Summary Judgment on May 2, 2019. Here, additional discovery under Rule 56(d) is not required in order to fully respond to Applicant’s Motion for Summary Judgment.1 BACKGROUND On June 5, 2017, Applicant filed Trademark Application Serial No.