estta tracking number: estta1042154 03/13/2020

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 [email protected] 749-4059

Submission Plaintiff's Notice of Reliance

Filer's Name Morris E. Turek

Filer's email [email protected]

Signature /met20/

Date 03/13/2020

Attachments DJ Depot First Notice of Reliance FINAL.pdf(629340 bytes )

http://estta.uspto.gov

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.

2

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

[email protected]

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

[email protected]

/met20/

Morris E. Turek, Attorney for Petitioner

mailto:[email protected]

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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


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


Interrogatory No. 5:


United States to which Registrant provided the services recited in Registrant,s registration for DJ


RESPoNSE: Respondent rs without knowledge or recollection of these

individuals and/or entities at rhis time.


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



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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United States to which Registrant provided the services recited in Registrant's registration for DJ


RESPONSE: Respondent is without knowledge or recollection of these

individuals and/or entitres at this time.


Please identify the number of individuals andy'or entities located in the








DEPOT' (Reg. No. 4,705,445) in the year 2006.



RESPONSE TO PETTT]ONER'S INTERROGATORIES. 5


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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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




lnterrogatorv No. l2:


United States to which Registrant provided the services recited in Registrant's registration for






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:


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:


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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

.!nr:,,rta l'.,,..rh,-! riit,,,,,,,.,,

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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

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RESPONSE TO PETITIONERiS INTERROGATORIES - IO

estta tracking number: estta1042154 03/13/2020

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