estta tracking number: estta957380 02/28/2019
TRANSCRIPT
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
ESTTA Tracking number: ESTTA957380
Filing date: 02/28/2019
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Proceeding 92058116
Party DefendantAnello Fence, LLC
CorrespondenceAddress
MICHAEL H ANSELLANSELL GRIMM & AARON PC365 RIFLE CAMP ROADWOODLAND PARK, NJ 07424UNITED [email protected], [email protected]
Submission Motion to Suspend for Civil Action
Filer's Name Stephen L. Baker
Filer's email [email protected], [email protected], [email protected]
Signature /Stephen L. Baker/
Date 02/28/2019
Attachments motion to suspend ANELLO.pdf(79668 bytes )Letter_to_Court.pdf(946770 bytes )CM_ECF LIVE - U.S. District Court for the District of New Jer-sey_Confr_Fil_Letter.pdf(169201 bytes )etter_to_Court_Feb_28_2019.pdf(886152 bytes )CM_ECF LIVE - U.S. District Court for the District of New Jer-sey_Letter_Feb_28_2019_Confirmation_of_Filing.pdf(169401 bytes )
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Anello Brothers, Inc.,
Petitioner, Cancellation No.: 92058116
Mark: ANELLO v. Reg. No.: 3,988,606 Anello Fence, LLC,
Registrant.
REGISTRANT’S MOTION TO SUSPEND PROCEEDING PENDING DISPOSTION OF
CIVIL ACTION IN FEDERAL COURT
Registrant, Anello Fence, LLC, (“Anello Fence”) pursuant to 37 CFR § 2.117 requests
the Board suspend the instant proceeding pending resolution of the civil action titled Anello
Brothers, LLC v. VCA Sons, Inc., Civil Docket No. 13-cv-3074-JMV-JBC, currently pending
before the U.S. District Court for the District of New Jersey, in which civil action the Registrant
herein is the Plaintiff, and the principals and owners of the Petitioner in this Cancellation
Proceeding are also principals and owners of the Defendants in the said civil federal court action.
Please disregard Petitioner’s previous submission regarding allegedly a final disposition
in the Civil Action. The Order by the Federal Court Judge on the Summary Judgment Motion of
January 28, 2019, was done in disregard and misinterpretation of the relevant facts and the law,
and as such, the Order must be vacated. The Registrant is currently in the process of filing a
Motion for Reconsideration in that Civil Action, seeking to have the Order reconsidered and
vacated, as per attached supporting documentation already submitted with that Court.
Motion to Suspend Cancellation No. 92058116 2 | P a g e
Anello Fence, the Registrant herein, has good cause in making this Motion to Suspend as:
(i) the Civil Action in Federal Court is being continued through the filing of a Motion to
Reconsider by the Registrant, and (ii) there is a very good chance that the Order on the Motion
for Summary Judgment will be vacated, based on the reason of errors in facts and law
interpretation and application in that Order, and (iii) if this proceeding is not suspended pending
the decision on the Motion to Reconsider, the Registrant will suffer a sever and unfair
disadvantage and damage in respect of its prior and senior trademark rights in the subject
trademark registration over those of the Petitioner.
WHEREFORE, Anello Fence requests the Board grant the present motion and suspend
the current proceeding.
Dated: February 28, 2019 Respectfully submitted,
Baker and Rannells, PA By: /Stephen L. Baker/ Stephen L. Baker 92 East Main Street, Ste. 302
Somerville, New Jersey 08876 (908) 722–5640 Attorneys for the Registrant, Anello Fence, LLC
CERTIFICATE OF SERVICE
I hereby certify a copy of this notice was served on counsel for Petitioner, Jay R. McDaniel, < [email protected]> on this the 28th day of February, 2019.
/Stephen L. Baker/ Stephen L. Baker
2/25/2019 CM/ECF LIVE - U.S. District Court for the District of New Jersey
https://ecf.njd.uscourts.gov/cgi-bin/Dispatch.pl?893379260551518 1/1
Other Documents2:13-cv-03074-JMV-JBC ANELLO FENCE, LLC v. VCA SONS, INC. et al
SCHEDO
U.S. District Court
District of New Jersey [LIVE]
Notice of Electronic Filing
The following transaction was entered by BAKER, STEPHEN on 2/25/2019 at 10:58 PM EST and filed on2/25/2019
Case Name: ANELLO FENCE, LLC v. VCA SONS, INC. et alCase Number: 2:13-cv-03074-JMV-JBCFiler:Document Number: 160
Docket Text: Letter from the Attorneys for the Plaintiff re [156] Order on Motion for Summary Judgment,,,,
Order on Motion in Limine,, Order on Motion to Preclude, [155] Opinion. (BAKER, STEPHEN)
2:13-cv-03074-JMV-JBC Notice has been electronically mailed to:
JAY R. MCDANIEL [email protected], [email protected]
JERALD FRANCIS OLESKE [email protected], [email protected]
MARK J. INGBER [email protected]
STEPHEN L. BAKER [email protected], [email protected]
2:13-cv-03074-JMV-JBC Notice has been sent by regular U.S. Mail:
The following document(s) are associated with this transaction:
Document description:Main Document Original filename:n/a
Electronic document Stamp: [STAMP dcecfStamp_ID=1046708974 [Date=2/25/2019] [FileNumber=12267600-
0] [8f731f3d2872f66daf8a605571ac7bfa4343ec3c60060416f0602ebea1989a5947 e7e68297ab2ee641e49921df62d1304f3661113e44b1d9708a5f5a7bb018e3]]
2/28/2019 CM/ECF LIVE - U.S. District Court for the District of New Jersey
https://ecf.njd.uscourts.gov/cgi-bin/Dispatch.pl?821057223335578 1/1
Other Documents2:13-cv-03074-JMV-JBC ANELLO FENCE, LLC v. VCA SONS, INC. et al
SCHEDO
U.S. District Court
District of New Jersey [LIVE]
Notice of Electronic Filing
The following transaction was entered by BAKER, STEPHEN on 2/28/2019 at 8:28 PM EST and filed on2/28/2019
Case Name: ANELLO FENCE, LLC v. VCA SONS, INC. et alCase Number: 2:13-cv-03074-JMV-JBCFiler:Document Number: 161
Docket Text: Letter from Counsel for Plaintiff re [158] Order, [156] Order on Motion for Summary Judgment,,,,
Order on Motion in Limine,, Order on Motion to Preclude, [155] Opinion. (BAKER, STEPHEN)
2:13-cv-03074-JMV-JBC Notice has been electronically mailed to:
JAY R. MCDANIEL [email protected], [email protected]
JERALD FRANCIS OLESKE [email protected], [email protected]
MARK J. INGBER [email protected]
STEPHEN L. BAKER [email protected], [email protected]
2:13-cv-03074-JMV-JBC Notice has been sent by regular U.S. Mail:
The following document(s) are associated with this transaction:
Document description:Main Document Original filename:n/a
Electronic document Stamp: [STAMP dcecfStamp_ID=1046708974 [Date=2/28/2019] [FileNumber=12284384-
0] [99ea9e2874040d2d5855b1b1ef3d2c2d7dcf8108b33cdf378c65f4a66e4740ba8f 859f2e777ba25dc7a9fbd5411cc497da40fa69d7f787e3474bb523ee570b61]]