Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA748034

Filing date: 05/23/2016

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 91227362

Party DefendantB&B Biz Corp.

CorrespondenceAddress

Pete TormeyAntero & Tormey, PC201 Spear Street, Suite 1100San Francisco, CA 94105

pt@AnTLegal.com;pt@AnTLegal.com

Submission Answer

Filer's Name Peter Tormey

Filer's e-mail pt@Antlegal.com

Signature /Peter Tormey/

Date 05/23/2016

Attachments Answer.pdf(1764444 bytes )

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PETER J. TORMEY, CA SBN # 269869

AARON M. DAVIS, CA SBN # 186051

ANTERO & TORMEY101 Gregory Lane Ste. 46Pleasant Hill, CA 94523Telephone: (925) 352-9842Email : PT@AnTLegal. com

Attorneys for RegistrantB&B BIZ CORP

HOME BOX OFFICE, INC.,

Opposer,

VS.

B&B BIZ CORP.,

Registrant

IN TFIE UNITED STATES PATENT AI\TD TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

) OPPOSITIONNO..91227362

)i REGTSTRANT B&B BrZ CORP.'S

i ANSWER TO NOTTCE OF

i oPPosrTroN

))\\ ln the Matter of Application Serial No.

! 86668157: GAME OF MONARCHS

! puoutned in the afficial Gazette of Dec. 15,) zots

Registrant B&B BIZ CORP. (hereafter "Registant") hereby answers and responds to

Opposer HOME BOX OFFICE, fNC.'s (hereafter "Opposer") Notice of Opposition (hereafter

"Opposition") as follows:

ADMISSIONS AND DENIALS

1. Registrant admits Opposer operates a cable television channel, which includes

transmission of a television series entitled "Game of Thrones."

2. Registrant admits Opposer operates a cable television channel, which includes

transmission of a television series entitled "Game of Thrones." Registrant lacks sufficient

information or belief to admit or deny Opposer's characterizations of its alleged trademark, service

mark, trade dress, logos and designs and therefore denies its remaining allegations in Paragraph 2

of its Opposition.

3. Registrant lacks sufficient information or belief to admit or deny Opposer's

ANSWER TO NOTICE OF OPPOSITION oPPOSITION NO. 9 1227 3 62

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characterrzations of its alleged registrations and applications for GAME OF THRONE Marks with

the United States Patent and Trademark Office and therefore denies its allegations in Paragraph 3

of its Opposition.

4. Registrant lacks suffrcient information or belief to admit or deny Opposer's

characterrzations of the value of its alleged goodwill, or the symbolization of that alleged goodwill

by its alleged GAME OF THRONE Marks and therefore denies its allegations in Paragraph 4 of its

Opposition.

5. Registrant admits that its application for and use of GAME OF MONARCHS is

without Opposer's consent or permission, but denies that such consent or permission is required.

COLINT I - LIKELIHOOD OF CONFUSION

6. Registrant hereby realleges and incorporates by reference all the admissions and

denials to the allegations set forth inParagraphs 1-5, as though fully set forth herein.

7. Registrant denies each and every allegation set forth inParagraph 7 of the

Opposition.

COUNT II - DILUTION

8. Registrant hereby realleges and incorporates by reference all the admissions and

denials to the allegations set forth in Paragraphs 1-7, as though fully set forth herein.

9. Registrant lacks suflicient information or belief to admit or deny Opposer's

characterrzations of the distinction and fame of its alleged GAME OF THRONE Marks and

therefore denies its allegations in Paragraph 9 of its Opposition.

10. Registrant denies each and every allegation set forth in Paragraph 10 of the

Opposition.

FIRST AFFIRMATIVE DEFENSE

1 . Opposer's request for relief is barred in whole or in part because pursuant to the

equitable doctrines of laches, unclean hands, waivers and/or acquiescence.

SECOND AFFIRMATIVE DEFENSE

2. Opposer's request for relief is barred in whole or in part because Opposer will not

be harmed by Registrant's use of the mark.

ANSWERTO NOTICE OF OPPOSITION OPPOSITION NO. 9 \221 3 62

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THIRD AFFIRMATIVE DEFENSE

3. Opposer's request for relief is barred in whole or in part because the marks are

dissimilar.

FOURTH AFFIRMATIVE DEFENSE

4 . Opposer's request for relief is barred in whole or in part due to Registrant's prior

registration of the Marks.

PRAYER FOR RELTEF

WHEREFORE, Registrant requests that the Opposition be dismissed and further requests

that the Board Deny any relief whatsoever to Opposer.

Dated: May 23,2016 ANTERO & TORMEY

Aaron M. Davis

Attorneys for Registr ant B&B BVCORP

ANSWERTO NOTICE OF OPPOSITION OPPOSTTTON NO. 9 122',7 362

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PROOF OF SERVICE

I, Peter J. Tormey, state:

My business address is 101 Gregory Lane Ste 46,Pleasant Hill, CA 94523 I am over the

age of eighteen years and not aparly to this action.

On May 23,2016,I served the foregoing document(s) described as:

REGISTRANT B&B BIZ CORP.'S ANSWER TO NOTICE OF OPPOSITION

on the following person(s) in this action:

Tamara Carmichael

OLSHAN FROME WOLOSKY LLP1325 Avenue of the Americas

New Yorlg NY 10019

Attorneys for PlaintiffHome Box Offrce, Inc.

BY FIRST CLASS MAIL: I enclosed the document(s) identified above in a

sealed envelope or package addressed to the person(s) listed above, withpostage fully paid. I deposited the envelope or package directly with the United

States Postal Service for collection and mailing on the same day.

I declare under penalty of perjury under the laws of the United States and the State of California

that the foregoing is true and correct.

Executed on May 23,2016, at Pleasant Hil

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