estta tracking number: estta1042154 03/13/2020
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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA1042154
Filing date: 03/13/2020
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 92068891
Party PlaintiffDJ Depot, LLC
CorrespondenceAddress
MORRIS E TUREKYOURTRADEMARKATTORNEY.COM167 LAMP AND LANTERN VILLAGE #220CHESTERFIELD, MO 63017-8208UNITED STATESmorris@yourtrademarkattorney.com314- 749-4059
Submission Plaintiff's Notice of Reliance
Filer's Name Morris E. Turek
Filer's email morris@yourtrademarkattorney.com
Signature /met20/
Date 03/13/2020
Attachments DJ Depot First Notice of Reliance FINAL.pdf(629340 bytes )
1
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
)
DJ Depot, LLC )
Petitioner, )
)
v. ) Cancellation No. 92068891
)
DJ Depot Inc. )
Registrant. )
)
PETITIONER’S FIRST NOTICE OF RELIANCE
Pursuant to 37 C.F.R. § 2.122(g) and 37 C.F.R. § 2.120(k), Petitioner DJ Depot, LLC
(“Petitioner”) hereby submits this Notice of Reliance during its testimony period. Specifically,
Petitioner offers into evidence, and will rely upon, a true and correct copy of Registrant’s
Responses to Petitioner’s First Set of Interrogatories. It is being proffered for the purpose of
proving non-use of Registrant’s DJ DEPOT mark on or before the underlying application filing
date of Registrant’s registration.
Petitioner respectfully requests that the attached be admitted in evidence.
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Respectfully submitted,
DJ DEPOT, LLC
By: /met20/ Dated: 3/13/2020
Morris E. Turek
YourTrademarkAttorney.com
167 Lamp and Lantern Village, #220
Chesterfield, MO 63017-8208
Tel: (314) 749-4059
Fax: (800) 961-0363
morris@yourtrademarkattorney.com
CERTIFICATE OF SERVICE
I hereby certify that a true and complete copy of the foregoing has been served by
emailing said copy on 3/13/2020 to:
Stefan Feuerherdt
Attorney for Registrant
stefan@feuerherdtlaw.com
/met20/
Morris E. Turek, Attorney for Petitioner
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VS.
DJ DEPOT, II\C.,
TN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
DJ DEPOT. LLC. Registration Number: 47 05445
Cancellation Number: 9206889 1
RESPONSE TO PETITIONER'S FIRST SETOF INTERROGATORIES
Respondent.
Respondent hereby responds to Petitioner's First Set of Interrogatories as set forth
below;
The following responses are made solely for the purposes of this action. Each
response is subject to all objections as to relevance, materiality, and admissibility, and to any
all objections on any ground that would require exclusion of any response if it were introduced i
court.
The following responses reflect the current state of the Respondent's knowledge,
understanding and belief respecting matters about which inquiry has been made. Respondent
expressly reserves its right to supplement or modify these responses with such pertinent
information as it may hereafter discover or as may be informed by the opinions of experts
retained by the parties to testify in the trial of this matter, and will do so to the extent required by
RESPONSE TO PETITIONER'S TNTERROGATORIES - ISTEFAN L. FEUERHERDT
ATToRNEY AT TAW
52OO SW MEADOWS ROAD, SUITE I50LAKE OSWEGO. OR 97035
503-737-5995
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information that is protected from disclosure by the attorney-{tient privilege, the attorney work
product doctrine or any other recognizedprivilege.
the Federal Rules of Respondent expres the right to rely on, at any
time, including trial, scovered documents rials that have been
produced promptly u
l. Respondent objects to any lnterrogato to the extent that it seeks
2. Respondent objects to any Interrogatorjr to the extent that its answer
requires Respondent to search for and produce documents or i]nformation that are not within its
possession, custody, or control.
3' Respondent objects to any interrogatorf to the extent that it purports to
rmpose upon Respondent any obligatron beyond those impose! by the Federal Rules of Civil
Procedure, including, but not limited to, any interrogatory tha! exceeds the scope of Federal
Rules of Civil Procedure 26(b) and 33.
4. Respondent objects to any Interrogatorj to the extent that it seeks legal
conclusions and/or would require Respondent to reach a legal ponclusion in order to prepare a
response.
5. Respondent objects to any Interrogator! to the extent that it is over-broad,
unduly burdensome' vague, ambiguous, confusing, requires sppculation to determine its meanin
or uses rmprecise specilications of the information sought.
RESPONSE TO PETITIONER'S INTERROGATORIES - 2
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RESPONSES
Interrogatorv No. l:
Please identify the date on which Regi$trant intends to rely in this
proceeding for its lirsr use of the DJ DtrpoT mark in the Unrted States.
RESPONSE: January. 1999.
Please identify the number of individu4ls and/or entities located in the
United States to which Registrant provided the services recitefl in Registrant,s registration for D
DEPOT (Reg. No. 4,705,445) in the year 1999.
RESPoNSE: Respondent is without l{nowledge or recollection of these
individuals and/or entities ar this rime.
Interrogtory No. 3:
Please identify the number of individual]s and/or entities located in the
United States to which .Registrant provided the services recited in Registrant,s registration for D
DEPOT (Reg. No. 4,705,445) in the year 2000.
RESPoNSE: Respondent is wirhout kpowledge or recollection of these
individuals and/or entities at this time.
STEFAN L FEUERHERDT
AT LAW52OO ROAD, SUITE ]50
oR 970355995
-tr.r,,r//i it.1,^rh,,r,tl trrr,-.rr:r
RESPONSE TO PETITIONI]R'S INTERROGATORIES - 3
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Interrogatorv No. 4:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant,s registration for D
DEPOT (Reg. No. 4,705,445) in rhe year 2001.
RESPoNSE: Respondent is without knowledge or recollection of these
individuals and/or entities at this time.
Interrogatory No. 5:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant,s registration for DJ
DEPOT (Reg. No. 4,705,445) in the year 2002.
RESPoNSE: Respondent rs without knowledge or recollection of these
individuals and/or entities at rhis time.
Interrogatory No. 6:
Please identify the number of individuals andlor entities located in the
united States to which Registrant provided the services recited in Registrant's registration for D
DEPOT (Reg. No. 4,705,445) in the year 2003.
RESPoNSE: Respondent is without knowledge or recollection of these
indrviduals and/or entities at rhis time.
RESPONSE TO PETITIONITR'S INTERROGATORTES - 4
STEFAN L. FEUERHERDT
ATTORNEY AT L.AW
52oo SW MEADowS ROAD, SUITE 1 50LAKE OSWEGO, oR 97035
503-737_5995-r,,r:',,//, i6.,,\fh,,riii r,i,.rr:r
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Interrogatory No. 7:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant's registration for DJ
DEPOT (Reg. No. 4,705,445) in the year 2004.
RESPONSE: Respondent is without knowledge or recollection of these
individuals and/or entitres at this time.
Interrogatorv No. 8:
Please identify the number of individuals andy'or entities located in the
United States to which Registrant provided the services recited in Registrant's registration for DJ
DEPOT (Reg. No. 4,705,445) in the year 2005.
RESPONSE: Respondent is without knowledge or recollection of these
individuals and/or entities at this time.
Interrogatorv No. 9:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant's registration for DJ
DEPOT' (Reg. No. 4,705,445) in the year 2006.
RESPONSE: Respondent is without knowledge or recollection of these
individuals and/or entities at this time.
RESPONSE TO PETTT]ONER'S INTERROGATORIES. 5
STEFAN L. FEUERHERDT
ATTORNEY AT LAW
52OO SW MEADOWS ROAD, SUITE I50LAKE OsWEGo, OR 97035
.r,.r:,n/2) i...r,^rh,]rrir!,,, ..,r,r)
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Interrogatorv No. 10:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant's registration for DJ
DEPOT (Reg. No. 4,705,445) in the year 2007.
RESPoNSE: Respondent is without knowledge or recollection of these
individuals and/or entities at this time.
Interrogatory No. ll:
Please identify the number of indivrduals and/or entities located in the
United States to which Registrant provided the services recited in Registrant's registration for D
DEPOT (Reg. No. 4,705,445) in the year 2008.
RESPONSE: Respondent is without knowledge or recollection of these
individuals and/or entities at this time.
lnterrogatorv No. l2:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant's registration for
DEPOT (Reg. No. 4,705,445) in the year 2009.
RESPONSE: Respondent is without knowledge or recollection of these
individuals and/or entities at this time.
RESPONSE TO PETITIONER'S INTERROGATORIES - 6
STEFAN L. FEUERHERDT
ATTORNEY AT LAW
52OO SW MEADOWS RoAD, SUITE 150LAKE OswEGo. OR 97035
503-737-599s. ?,.r ,,, /, r\,, ,.t, .,,ii: i,,
individ e in the
ces recl st ion for D
withou e sf these
12.
ndent is without of these
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Interrogatorv N_o. l6:
Please identify the number of individuals and/or entities located in the
United States to which Registrant provided the services recited in Registrant,s registration for
DEPOT (Reg. No. 4,705,445) in the year 2013
RESPoNS[.: Respondent is without knowledge or recollection of these
individuals and./or entities at this trme.
Interrogatory No. l7:
Please provide a representative list of printed publications, electronic
publications, websites, radio stations, and television stations through which Registrant adverti
or promoted its services under the DJ DEPOT mark in the United States on or before June 3.
201 3
RESPoNSE: Respondent is without knowledge or recollection at this
time of specific publications, websites or media through which it advertised its services, but to
Respondent's knowledge and belief, it did not have a marketing program which included such
pnnt or media advertising.
Interrogatory No. l8:
Please identify the person who is most familiar with Registrant's
advertisrng and sale of services underthe DJ DEPOT mark in the United States, includingthe
person's name, title, and current employer.
RESPONSE: ChesterBryan.
STEFAN L FEUERHERDT
ATTORNEY AT L.AW
52OO SW MEADoWS ROAD, SUITE 150LAKE OSWEGo, OR 97035
5{l<-/</-hqqq
-ii,l,,,,ziii.,,.yh,,friri,,r .,rr:
RESPONSE TO PETITIONER'S INTERROGATORIES - 8
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RESPONSE TO PETTTIONITR'S INTERROGATORIES - 9
Interrogatorv No. l9:
Please identify all persons known to Registrant who have knowledge of
the lacts alleged in Petitioner's Petrtion fbr Cancellation, including their names, titles, and
curTent employers.
RESPoNSE: Respondent is without knowledge or recollection of any
such persons at this time.
Dated this 22no day of January,2019.
Stelan Feuerherdt
Attorney for Respondent5200 SW Meadows Road, Suite 150
Lake Oswego, OR 97035(s03) 737-se9s
stefan(@ feu erherdtl aw. com
STEFAN L, FEUERHERDT
ATToRNEY AT LAW
52OO SW MEADOWS ROAD, SUITE .I 50
LAKE OswEGo. OR 97035503-737-5995
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CERTIFICATION
Puruant tq 28 U'S.C . S 1746,1hereby certify under penalty of perjury that the
responses to the Petitionpr's First Set of Interrogatories have been prepared by me or under my
personal supervision, anfl are complete and correct to the best of my knowledge an belief.
Executed this 2? day ofJanuary, 2019.
Chester BryanPresident, DJ Depot, Inc.Unit20,2074 Steeles Ave. East
Brampton, Ontario L6T4Z9 CANADA
CERTIFICATE OF SERVICE
I certify that on this day ofJanuary,20l9, I caused a copy ofthe foregoing
Response to Petitioner's F'irst Set of Interrogatories to be delivered to counsel for the petitioner,
Morris E. Turek, by email to
DATED this day of January,2019.
Stefan Feuerherdt
Attorney for Respondent
STEFAN L, FEUERHERDT
ATTORNEY AT LAw52OO SW MEADOWS ROAD, SUITE
LAKE OSWEGo. oR 97035q-?-7?7-rOO<
.rilr i4?,'fi!! .rir,/.1!ir\r -.r,)l
150
RESPONSE TO PETITIONERiS INTERROGATORIES - IO
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