UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board P.O. Box 1451 Alexandria, VA 22313-1451 Baxley Mailed: June 18, 2008 Opposition No. 91169502 Leo Stoller Central Mfg. Co v. Loveland Products, Inc. By the Trademark Trial and Appeal Board: On September 10 and 25, 2007, The Society for the Prevention of Trademark Abuse, LLC ("Society") filed motions to be substituted as plaintiff herein and withdrawals of the opposition with prejudice. The Board will first consider Society's motions to be substituted as party plaintiff herein. A copy of a document reflecting the assignment of the assets of Leo Stoller, including Central Mfg. Co., an unregistered company name used by Mr. Stoller for his personal business activities, from Richard M. Fogel as Trustee of the Chapter 7 Bankruptcy Estate of Mr. Stoller to Society was submitted as an exhibit to Society's motion to be substituted. Another copy of that document is recorded with the USPTO's Assignment Branch at Reel 3605, Frame 0494. See TBMP Section 512.01 (2d ed. rev. 2004). Because applicant does not object to the substitution sought and the assignment in question involves Opposition No. 91169502 all the assets of Central, that motion is granted as well- taken and as conceded. See Trademark Rule 2.127(a). Society is hereby substituted for Central as the party plaintiff herein.1 On September 16, 2007, Pension filed a notice of a claim that it "holds exclusive rights and possesses the original Stock Certificates, trademark registrations, [and] trademark licenses of Central Mfg. Inc. d/b/a Central Mfg. Co." and other entities formerly controlled by Leo Stoller. However, the United States Bankruptcy Court for the Northern District of Illinois, determined that Central Mfg. Co., an opposer and plaintiff in this proceeding, is not a corporation that has been organized under the laws of any state, but rather is an unregistered company name used by Mr. Stoller for his personal business activities. In re Leo Stoller, Case No. 05 B 64075 (September 26, 2006) at 10. Further, Mr. Stoller stipulated in his bankruptcy case that Central Mfg. Co. is "an unregistered assumed company name 1 On April 14, 2008, Christopher Stoller Pension and Profit Sharing Plan ("Pension") recorded a series of assignment documents at Reel 3759, Frame 0016 and asserted ownership of the pleaded registrations. However, the United States Bankruptcy Court for the Northern District of Illinois previously determined that such registrations were part of the bankruptcy estate of Leo D. Stoller and, in an August 8, 2007 order, authorized the bankruptcy trustee to sell Stoller's assets, including such registrations, to Society. The bankruptcy court's rulings are binding upon the Board. See, e.g., Goya Foods Inc. v. Tropicana Products Inc., 846 F.2d 848, 6 USPQ2d 1950 (2d Cir. 1988). Accordingly, the assignment documents that Pension recorded will receive no consideration. 2 Opposition No. 91169502 alias d/b/a for [himself]." In re Leo Stoller, Joint Pretrial Statement (August 23, 2006) at 6. Based on the foregoing, Central Mfg. Inc. is not and has never been a party to this proceeding, and the nonparty filing by Pension, as the purported assignee of Central Mfg. Inc., will receive no consideration. In view of the withdrawals of the opposition with prejudice that Society filed, the opposition is dismissed with prejudice. All other pending matters in this case are moot. A copy of this order has been sent to applicant and the following parties: Lance G. Johnson Roylance, Abrams, Berdo & Goodman LLP 1300 19th Street NW, Suite 600 Washington, DC 20036 Leo Stoller Central Mfg. Co. 7115 W. North Avenue, #272 Oak Park, IL 60302 Janice A. Alwin, counsel for trustee Shaw, Gussis, Fishman, Glanz, Wolfson & Towbin LLC 321 N. Clark Street, Suite 800 Chicago, IL 60610 3 .