estta tracking number: estta1096349 11/18/2020

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

ESTTA Tracking number: ESTTA1096349

Filing date: 11/18/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 91246685

Party DefendantGoose Country, LLC

CorrespondenceAddress

AISHA POSTELLPOWELL & ROMAN, LLC131 WHITE OAK LANEOLD BRIDGE, NJ 08857UNITED STATESPrimary Email: [email protected] Email(s): [email protected], [email protected]

Submission Motion to Amend/Amended Answer or Counterclaim

Filer's Name Aisha Postell

Filer's email [email protected], [email protected]

Signature /AISHA POSTELL/

Date 11/18/2020

Attachments Motion for Leave to File Amended Answers .pdf(914544 bytes )

http://estta.uspto.gov



MOTION FOR LEAVE TO AMEND APPLICANT’S ANSWERS TO ASSERT ADDITIONAL AFFIRMATIVE DEFENSES

Applicant, Goose Country, LLC (“Applicant”), through counsel and pursuant to TBMP

§ 507.01 and USCS Fed Rules Civ Proc R 15(a), respectfully moves the Board for leave to amend

its Answers to the Notice of Opposition filed by Canada Goose, Inc. (“Opposer”), Opposition No.

91246685 (“Opposition”), to include the affirmative defenses of estoppel (sixth affirmative

defense), contractual estoppel (seventh affirmative defense), unclean hands (eighth affirmative

defense), and acquiescence (ninth affirmative defense).

FACTUAL BACKGROUND

1. On November 29, 2018 Opposer filed a request for a 30-day Extension to Oppose

Applicant’s applications filed under Serial No. 87/788277 for GOOSE COUNTRY and Serial No.

87/788663 for ORIGINAL GOOSE COUNTRY, which was granted.

2. The parties began settlement negotiations in December of 2018.

3. On December 28, 2018 Opposer requested an additional 60-day Extension to Oppose,

which was granted.

Canada Goose Inc., ) ) ) )

Opposition No. 91246685

Opposer, Mark: GOOSE COUNTRY

) Serial No. 87/788277

v. )

) Mark: ORIGINAL GOOSE COUNTRY Goose Country, LLC, )

) )

Serial No. 87/788663

Filing Date: February 7, 2018

Applicant. )

) Publication Date: October 30, 2018

2

4. Opposer filed its Opposition on February 27, 2019.

5. After over a year of settlement negotiations, on February 18, 2020 Opposer agreed to

withdraw its Opposition to the ORIGINAL GOOSE COUNTRY application Serial No. 87/788663

so long as Applicant agreed to certain limitations, which Applicant agreed, and so long as

Applicant withdrew its application for the GOOSE COUNTRY mark Serial No. 87/788277, of

which Applicant also agreed.

6. On May 11, 2020 Opposer’s counsel prepared the formal settlement agreement. A true

and accurate copy of the settlement agreement prepared by Opposer’s counsel is attached to the

Declaration of Aisha Postell (“Postell Declaration”) as Exhibit A.

7. No changes were made to the agreed upon material terms of the settlement agreement

by Applicant.

8. In reliance on Opposer’s agreement to no longer oppose the registration of ORIGINAL

GOOSE COUNTRY, Applicant, inter alia, ordered new inventory with the ORIGINAL GOOSE

COUNTRY mark, expended costs to change branding, and settled with third-parties (which

Opposer was advised of same on June 22, 2020) based on the agreement with Opposer.

9. On July 6, 2020, Opposer advised that it was backing out of its agreement as set forth

above, apparently due to a change in corporate counsel.

10. Applicant put Opposer on notice that it considered the agreement to be binding.

11. Opposer advised that as of November 9, 2020 it is unwilling to honor its agreement.

12. Applicant now respectfully moves to add the affirmative defenses of Estoppel,

Contractual Estoppel, Unclean Hands, and Acquiescence based on its position that the parties

entered into a binding settlement agreement of which Applicant relied upon.

13. Applicant has not previously requested leave to amend its pleadings in this matter.

3

14. The affirmative defenses of Estoppel, Contractual Estoppel, Unclean Hands, and

Acquiescence are valid defenses under the Board’s rules. See TBMP § 311.02(b)(1).

15. Pursuant to TBMP § 507.01, a red-lined copy showing the proposed changes to the

Amended Answers are attached to the Postell Declaration as Exhibit B.

16. Copies of Applicant’s proposed First Amended Answers are attached to the Postell

Declaration as Exhibit C.

LEGAL STANDARD

Trademark Rule 2.107(a), 37 C.F.R. § 2.107(a), provides that “pleadings in an opposition

proceeding may be amended in the same manner and to the same extent as in a civil action in a

United States district court.” Fed. R. Civ. P. 15(a)(2), applicable to this proceeding pursuant to

Trademark Rule 2.116(a), 37 C.F.R. § 2.116(a), encourages the Board to look favorably on

motions to amend, stating that the Board “should freely give leave when justice so requires.”

“Ordinarily, the Court should grant leave to amend whenever doing so will not unduly

delay trial of the case or prejudice the other party.” Microsoft Corp. v. Qantel Business Systems

Inc., 16 USPQ2d 1732, 1733 (TTAB 1990) (citing Flatley v. Trump, 11 USPQ2d 1284, 1286

(TTAB 1989)). Furthermore, a proposed amendment may serve simply to amplify allegations

already included in the moving party’s pleading. See Avedis Zildjian Co. v. D. H. Baldwin Co.,

180 USPQ 539, 541 (TTAB 1973) (allegations amplified); TBMP § 507.02. The granting of a

motion for leave to amend a pleading is within the discretion of the Board and is allowed when

justice so requires. Trek Bicycle Corp. v. StyleTrek Ltd., 64 USPQ2d 1540, 1541 (TTAB 2001).

Here, it is Applicant’s contention that the parties entered into a binding settlement

agreement and, in view thereof, respectfully requests that the Board allow it to amend its answers

to include the aforesaid affirmative defenses. Justice requires that Applicant be allowed to add

4

estoppel, contractual estoppel, unclean hands, and acquiescence as affirmative defenses because

the agreement between the parties will defeat Opposer’s claims. The motion to amend is timely

and will not result in any prejudice to Opposer.

WHEREFORE, Applicant prays for an Order of the Board granting Applicant leave to

file the First Amended Answers.

Dated: November 18, 2020 By: _______________________________

Aisha Postell (145622015)

POWELL & ROMAN, LLC

131 White Oak Lane

Old Bridge, New Jersey 08857

Email: [email protected]

Telephone: (732) 679-3777

Facsimile: (732) 679-6433

ATTORNEYS FOR APPLICANT

GOOSE COUNTRY, LLC

mailto:[email protected]

CERTIFICATE OF SERVICE

I hereby certify that on November 18, 2020, a copy of Applicant’s MOTION FOR

LEAVE TO AMEND APPLICANT’S ANSWERS AND DECLARATION OF AISHA

POSTELL WITH EXHIBITS was sent via electronic mail to counsel for Canada Goose, Inc. at

the following address:

Scott W. Johnston

MERCHANT & GOULD P.C.

150 SOUTH FIFTH STREET, SUITE 2200

P.O. BOX 2910

MINNEAPOLIS, MN 55402

[email protected]

[email protected]

[email protected]

Dated: November 18, 2020 By:


POWELL & ROMAN, LLC

131 White Oak Lane

Old Bridge, New Jersey 08857

Email: [email protected]

Telephone: (732) 679-3777

Facsimile: (732) 679-6433

ATTORNEYS FOR APPLICANT

GOOSE COUNTRY, LLC







DECLARATION OF AISHA POSTELL IN SUPPORT OF APPLICANT’S MOTION FOR LEAVE TO AMEND APPLICANT’S ANSWERS

I, Aisha Postell, declare as follows:

1. I am an attorney with the law firm of Powell & Roman, LLC, counsel for Applicant,

Goose Country, LLC (“Applicant”) in the above-captioned matter. I am fully familiar with this

matter and the facts stated herein.

2. I submit this Declaration in support of Applicant’s Motion for Leave to Amend

Applicant’s Answers to assert additional affirmative defenses.

3. Attached hereto as Exhibit A is a true and correct copy of the settlement agreement

prepared by Opposer, Canada Goose, Inc.’s counsel.

4. Attached hereto as Exhibit B is a true and correct red-line copy showing Applicant’s

proposed changes to Applicant’s Answers.

5. Attached hereto as Exhibit C is a true and correct clean copy of Applicant’s proposed First

Amended Answers.

I, AISHA POSTELL, declare under the penalty of perjury under the laws of the United

States that the foregoing is true and correct.

Canada Goose Inc., )

)

)

)

Opposition No. 91246685

Opposer, Mark: GOOSE COUNTRY ) Serial No. 87/788277

v. )

) Mark: ORIGINAL GOOSE COUNTRY Goose Country, LLC, )

)

)

Serial No. 87/788663


Applicant. )


Dated: November 18, 2020 By:


EXHIBIT A

SETTLEMENT AGREEMENT

THIS AGREEMENT, effective as of the date it is fully executed by all parties (the

“Effective Date”), is made by and between Canada Goose Inc., a Canadian corporation, with its

principal place of business at 250 Bowie Avenue, Toronto, Ontario M6E4Y2 (“Canada Goose”), and Goose Country, LLC, a New Jersey limited liability company, with its principal place of

business at 10 Bramble Lane, Matawan, New Jersey 07747 (“Goose Country”).

WHEREAS, Canada Goose owns, among others, U.S. Registration No. 4,455,111

for the mark CANADA GOOSE for use in connection with “outerwear, namely, coats, parkas,

jackets, vests, pullovers, shirts, headwear, scarves, gloves, and mittens, substantially made of

goose down, where applicable” in International Class 25, U.S. Registration No. 5,558,213 for the

mark CANADA GOOSE for use in connection with “retail store services featuring outerwear,

clothing, apparel, footwear, and headwear and online retail store services featuring outerwear,

clothing, apparel, footwear, and headwear” in International Class 35, U.S. Registration No.

3,254,771 for the mark CANADA GOOSE (& Design) for use in connection with “clothing,

namely, parkas, coats, jackets, pullovers, vests, sweaters, shirts, anoraks, and headwear,

substantially made of goose down, where applicable” in International Class 25, and U.S.

Registration No. 5,598,313 for the mark CANADA GOOSE (& Design) for use in connection

with “retail store services featuring outerwear, clothing, apparel, and headwear and online retail

store services featuring outerwear, clothing, apparel, and headwear” In International Class 35

(together, the “CANADA GOOSE Marks”).

WHEREAS, after Canada Goose first adopted, used, and filed applications to register its

CANADA GOOSE Marks in the United States, Goose Country began to produce and sell certain

outerwear goods and accessories under its GOOSE COUNTRY and ORIGINAL GOOSE

COUNTRY marks and applied to register the mark GOOSE COUNTRY in U.S. Serial No.

87/788,277 for use in connection with “outerwear, namely, coats, hats, and sweatshirts,” in International Class 25 and “on-line retail store services featuring outerwear” in International Class 35 and the mark ORIGINAL GOOSE COUNTRY in U.S. Serial No. 87/788,663 for use in

connection with “outerwear, namely, coats, hats, and sweatshirts,” in International Class 25 (together, the “GOOSE COUNTRY Marks,” and individually, the “GOOSE COUNTRY Mark” and the “ORIGINAL GOOSE COUNTRY Mark”);

WHEREAS, on or about February 27, 2019, Canada Goose file a Notice of Opposition

opposing registration of Goose Country’s GOOSE COUNRY Marks with the United States Trademark Trial and Appeal Board (the “Opposition”).

WHEREAS, without either party admitting any fault, the parties mutually agree to settle

the aforementioned Opposition subject to and upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, for and in consideration of the foregoing and of the mutual

covenants, promises, and agreements hereinafter set forth, and other good and valuable

consideration, the receipt and sufficiency of which are hereby acknowledged, the parties

covenant, promise, and agree as follows:

2

1. Incorporation of Prefatory Clauses

All of the foregoing prefatory clauses are incorporated by reference herein.

2. Express Abandonment of GOOSE COUNTRY Trademark Application

Goose Country shall withdraw its application to register the GOOSE COUNTRY Mark in

U.S. Serial No. 87/788,277, by signing concurrently with the execution of this Agreement for

filing with the TTAB, the Withdrawal of Application With Prejudice and Dismissal of

Opposition Without Prejudice attached hereto as Exhibit A, and refrain from filing any new

applications for the GOOSE COUNTRY Mark or any GOOSE mark other than the ORIGINAL

GOOSE COUNTRY Mark of U.S. Serial No. 87/788,663. Goose Country also consents to

Canada Goose’s dismissal of the Opposition without prejudice.

Canada Goose shall dismiss the Opposition without prejudice by signing and filing with

the TTAB the Withdrawal of Application With Prejudice and Dismissal of Opposition Without

Prejudice attached hereto as Exhibit A. Canada Goose consents to Goose Country’s registration of the ORIGINAL GOOSE COUNTRY Mark in U.S. Serial No. 87/788,663 for the goods

recited therein.

3. Restrictions on Use

a. Goose Country agrees and promises to immediately cease all worldwide use of

the GOOSE COUNTRY Mark, including any advertisement, manufacture or sales of goods or

services under the same, and to never use the GOOSE COUNTRY Mark, or any mark

confusingly similar to Canada Goose’s CANADA GOOSE Marks, in connection with the promotion, marketing or sale of any goods or services, including as a trademark, trade name,

service mark, slogan, logo, domain name, social media name, or advertising keyword. This

applies to use of such marks in text or images on Goose Country’s websites, social media accounts, advertisements, brochures, catalogs, and the like. Notwithstanding the forgoing,

Goose Country may use the ORIGINAL GOOSE COUNTRY Mark so long as the use complies

with this Agreement.

b. Goose Country also agrees not to use a circular shaped patch on the arms of it

coats, jackets and sweatshirts.

c. Goose Country also agrees not to use a red border as an outline on any patches or

logos that it places its coats, jackets, hats or sweatshirts. This limitation shall not preclude Goose

Country from using the color red within the patch or logo itself.

4. Consent to Register ORIGINAL GOOSE COUNTRY Mark and Use Thereof

3

Canada Goose consents to Goose Country’s use and registration of the ORIGINAL

GOOSE COUNTRY Mark in U.S. Serial No. 87/788,663 for “outerwear, namely, coats, hats, and sweatshirts,” in International Class 25, and will dismiss the Opposition by signing and filing

with the TTAB the Withdrawal of Application With Prejudice and Dismissal of Opposition

Without Prejudice attached hereto as Exhibit A.

5. Breach

The parties agree that if Goose Country is found to be in material breach or violation of

this Agreement, Canada Goose will suffer ongoing, irreparable, and actual harm in an amount

that would not be easily calculated. In such event, Goose Country shall be entitled to immediate

and permanent injunctive relief plus its attorneys’ fees, costs, and other expenses incurred in

enforcing this Agreement. In the event Canada Goose suspects Goose Country to be in breach or

violation of this Agreement, Canada Goose shall first provide written notice thereof to Goose

Country, and Goose Country shall have thirty (30) days to cure said breach before being found to

be in breach or violation.

6. Scope of Agreement

The parties intend the scope of this Agreement to be in full force and effect on a global

basis. Nothing contained in this Agreement shall be construed as creating a joint venture,

partnership, agency, or employment relationship between the parties.

7. Mutual Release of Claims by the Parties

Canada Goose and Goose Country, together with their assigns, predecessors-in-interest,

successors-in-interest, divisions, all affiliated parent or subsidiary corporations or entities,

agents, officers, directors, employees, managers, supervisors, insurers, representatives, attorneys,

partners, joint venturers, and any and all persons or entities who have at any time acted, or

purported to act on their behalf, absolutely and forever, release and discharge each other,

together with each other’s assigns, predecessors-in-interest, successors-in-interest, divisions, all

affiliated, parent or subsidiary corporations or entities, agents, officers, directors, partners,

employees, managers, supervisors, insurers, representatives, attorneys, partners, joint venturers,

and any and all other persons or entities who have at any time acted, or purported to act on their

behalf, from all claims, demands, rights, duties, obligations, liabilities and causes of action,

whether known or unknown, and existing at any time prior to the Effective Date of this

Agreement, which shall be satisfied, acquitted, discharged and released, whether foreseen or

unforeseen, contingent or actual. This release specifically excludes any action to enforce the

terms of this Agreement.

8. Costs and Fees

Each party shall bear its own fees and costs incurred in connection with this action.

4

9. Notices

All notices required or permitted to be made or given pursuant to this Agreement shall be

in writing and shall be considered as properly given or made when emailed to the respective

addresses set forth below:

If to Canada Goose: Scott W. Johnston

Merchant & Gould P.C

150 South 5th Street, Suite 2200

Minneapolis, Minnesota 55402

[email protected]

If to Goose Country: Aisha Farraj

Powell & Roman, LLC

131 White Oak Lane

Oak Bridge, New Jersey 08857

[email protected]

10. Entire Agreement

This Agreement sets forth the entire understanding and agreement of the parties and

supersedes any and all oral or written agreements or understandings between the parties as to the

subject matter of this Agreement. It may be changed, waived, or modified only by a writing

signed by the parties. No party to this Agreement is relying upon any warranties, representations,

assurances, or inducements not expressly set forth herein. No waiver of any provision, condition,

or breach of this Agreement shall be construed as a waiver of any other provision, condition, or

breach.

11. Successors & Assigns

This Agreement shall be binding upon, and inure to the benefit of, the parties and their

respective heirs, personal representatives, devisees, successors in trust, successors and assigns,

administrators, officers, directors, shareholders, members, managers, partners, agents,

employees, attorneys, subsidiaries, parent corporations, affiliates, successors in interest,

successors through merger or corporate restructure, and successors through a sale of all or

substantially all of the assets or business, and anyone else acting on their behalf.

12. Authority to Bind Parties

Each party represents and warrants that it has full power to enter into this Agreement, to

carry out the obligations contained herein, and to grant the rights granted herein, and further

represents and warrants that its performance of this Agreement does not and shall not breach any

agreement by which such party is bound.

5

13. Counterparts

For the convenience of the parties, this Agreement may be executed by facsimile

signature and in any number of counterparts, each of which shall be deemed an original and all

of which will constitute but one and the same instrument.

14. Construction

All parties acknowledge and agree that they have had the opportunity to be represented by

counsel of their choosing and acknowledge and agree that this Agreement was drafted

collaboratively by the parties. In no event shall the language of this Agreement be construed to

favor one party over another on the basis that such party was the drafter of the provision or

Agreement.

15. No Waiver

The failure of either party to insist upon strict performance of any obligation of the other

party hereunder, irrespective of the length of time for which such failure continues, shall not be a

waiver of its right to demand strict compliance in the future. No consent or waiver, expressed or

implied by either party, by either party to or of any breach or default in the performance of

obligation hereunder by the other party shall constitute a consent or waiver to or of any other

breach or default in the performance of the same or any other obligation hereunder.

16. Governing Law

This Agreement shall be construed and enforced under the laws of the State of

Minnesota.

17. Validity of Provisions

Any invalidity, in whole or in part, of any provision of this Agreement will not affect the

validity of any other of its provisions.

IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of

the date first written above.

CANADA GOOSE INC.

___________________________________

Date: By:

Printed Name:

Title:

6

GOOSE COUNTRY, LLC

___________________________________

Date: By:

Printed Name:

Title:



) Opposition No. 91246685

Canada Goose Inc., )

) Mark: GOOSE COUNTRY

Opposer, )

) Serial No.: 87/788277

v. )

) Filing Date: February 7, 2018

Goose Country, LLC, )


Applicant. )

) Mark: ORIGINAL GOOSE COUNTRY

Serial No.: 87/788663


Publication Date: October 30, 2018

WITHDRAWAL OF APPLICATION WITH PREJUDICE AND

DISMISSAL OF OPPOSITION WITHOUT PREJUDICE

Applicant, through counsel, hereby withdraws and abandons with prejudice Application

Serial No. 87/778277 for the mark GOOSE COUNTRY.

Opposer, through counsel, hereby dismisses Opposition No. 91246685 without prejudice.

Applicant, through counsel, hereby consents to the dismissal of Opposition No. 91246685

without prejudice.

CANADA GOOSE INC. GOOSE COUNTRY, LLC By its Attorneys, By its Attorneys,

Date Date

Scott W. Johnston Aisha Farraj

Merchant & Gould P.C Powell & Roman, LLC

150 South 5th Street, Suite 2200 131 White Oak Lane

Minneapolis, Minnesota 55402 Oak Bridge, New Jersey 08857

[email protected] [email protected]


I hereby certify that a true and correct copy of the foregoing WITHDRAWAL OF

APPLICATION WITH PREJUDICE AND DISMISSAL OF OPPOSITION WITHOUT

PREJUDICE was served on the following attorney of record for Applicant by email this __ day

of May, 2020:

Aisha Farraj

Powell & Roman, LLC

131 White Oak Lane

Oak Bridge, New Jersey 08857

[email protected]

Scott W. Johnston

EXHIBIT B



CANADA GOOSE INC.

Opposer,

v.

GOOSE COUNTRY, LLC,

Applicant.

Proceeding No.: 91246685

Application No.: 87/788,277

Trademark: GOOSE COUNTRY Published: October 30, 2018

FIRST AMENDED ANSWER TO NOTICE OF OPPOSITION

Applicant Goose Country, LLC (“Applicant”) sets forth its First Amended Answer to

Opposer Canada Goose Inc.’s (“Opposer”) Notice of Opposition (the “Opposition”) to Application

Serial No. 87/788,277 for GOOSE COUNTRY and asserts its affirmative defenses to the

Opposition.

Applicant denies each allegation in the Opposition unless expressly admitted. Responding

to the individually enumerated paragraphs of the Opposition, Applicant states as follows:

1. To the extent the allegations contained within paragraph 1 of the Opposition seek

to paraphrase or characterize the Application history and documents filed with the USPTO in

connection with the Application, the Application history and documents speak for themselves and

Applicant denies the allegations contained within paragraph 1 of the Opposition to the extent that

they are inconsistent with the Application history or documents.


to paraphrase or characterize the Application and documents filed with the USPTO in connection

with the Application, the Application and documents speak for themselves and Applicant denies

the allegations contained within paragraph 2 of the Opposition to the extent that they are

inconsistent with the Application or documents.

3. Applicant is without information or knowledge sufficient to form a belief as to the

truth of the allegations of paragraph 3 of the Opposition, and therefore denies same.


truth of the allegations of paragraph 4 of the Opposition, and therefore denies same. The materials

referenced in paragraph 4 of the Opposition speak for themselves, and to the extent the allegations

in paragraph 4 vary therewith, Applicant denies them.

5. The allegations contained in paragraph 5 of the Opposition are legal conclusions to

which no response is required. To the extent a response is required, Applicant denies the

allegations of paragraph 5.

6. Applicant denies the allegations of paragraph 6 of the Opposition.


















OPPOSER’S PRAYER FOR RELIEF

Applicant denies the allegations in the Prayer for Relief and further denies that Opposer

is entitled to any relief whatsoever.

AFFIRMATIVE DEFENSES

Applicant asserts the following affirmative defenses and reserves the right to assert

additional defenses as revealed or suggested by the completion of on-going investigation and

discovery. Applicant does not assume the burden of proof for any issue with respect to which the

relevant law places the burden of proof on Opposer.

First Affirmative Defense

There is no likelihood of confusion, mistake, deception or dilution because, inter alia, there

are significant differences between the parties’ respective marks.

Second Affirmative Defense

Among other reasons, given the significant differences between the parties’ respective

marks, there is no false suggestion of a connection with Opposer.

Third Affirmative Defense

Applicant has been using the Mark and developing consumer recognition and good will

therein since at least February 6, 2018, such use being open, notorious, and known to Opposer.

During this time Opposer failed to take meaningful action to assert the claims on which it bases

this Opposition, on which inaction Applicant has relied to its detriment. Further, the Application

was published on October 30, 2018, with Opposer filing a request for an extension of time to

oppose on the final day of the opposition period. Opposer’s claims are therefore barred by the

doctrines of Laches, Estoppel, and/or Waiver.

Fourth Affirmative Defense

The Opposition fails to state a claim upon which relief can be granted to Opposer.

Fifth Affirmative Defense

Opposer’s alleged marks are not famous nor were they famous prior to Applicant’s filing

or first use dates.

Sixth Affirmative Defense

After over a year of settlement negotiations, on February 18, 2020 Opposer agreed to




which Applicant also agreed. On May 11, 2020 Opposer’s counsel prepared the formal settlement

agreement. No changes were made to the agreed upon material terms of the settlement agreement

by Applicant. In reliance on Opposer’s agreement to no longer oppose the registration of

ORIGINAL GOOSE COUNTRY, Applicant, inter alia, ordered new inventory with the

ORIGINAL GOOSE COUNTRY mark, expended costs to change branding, and settled with third-

parties (which Opposer was advised of same on June 22, 2020) based on the agreement with

Opposer. On July 6, 2020, Opposer advised that it was backing out of its agreement as set forth

above, apparently due to a change in corporate counsel. Applicant put Opposer on notice that it

considered the agreement to be binding. Opposer advised that as of November 9, 2020 it is

unwilling to honor its agreement. A binding agreement exists between the parties barring Opposer

from maintaining the Opposition under the doctrine of estoppel.

Seventh Affirmative Defense

Applicant repeats and re-alleges the facts set forth in Applicant’s Sixth Affirmative

Defense as though set forth at length herein. Based on the foregoing, a binding agreement exists

between the parties barring Opposer from maintaining the Opposition under the doctrine of

contractual estoppel.

Eighth Affirmative Defense


Defense as though set forth at length herein. Based on the foregoing, Opposer is barred from

maintaining the Opposition under the doctrine of unclean hands.

Ninth Affirmative Defense



maintaining the Opposition under the doctrine of acquiescence.

Applicant hereby gives notice that it may rely on defenses that may become available or

appear proper during discovery and hereby reserves its right to amend this Answer to assert any

such defenses.

Applicant’s Prayer for Relief

Applicant requests dismissal of the Opposition with prejudice, that the Application proceed

to registration, and such other and further relief that may be just and proper.

Kindly direct all correspondence to:

Aisha FarrajPostell

POWELL & ROMAN, LLC

131 White Oak Lane

Old Bridge, NJ 08857

[email protected]

[email protected]

Applicant hereby appoints William R. Kugelman, Joseph M. Powell, Jose D. Roman,

Joanna L. Crosby, Tanner Kingston, and all other attorneys at the law firm of Powell & Roman,

LLC, to handle all matters in the United States Patent and Trademark Office relating to this

proceeding with full power of substitution.

Respectfully Submitted,

/Aisha FarrajPostell/

Aisha FarrajPostell

POWELL & ROMAN, LLC

131 White Oak Lane


Tel: (732) 679-3777

Fax: (732) 679-6433

Attorneys for Applicant,

Goose Country, LLC

Dated: May 8, 2019 November 18, 2020


I hereby certify that on May 8, 2019November 18, 2020, I served the foregoing FIRST

AMENDED ANSWER TO NOTICE OF OPPOSITION AND AFFIRMATIVE DEFENSES

via e-mail upon the Opposer’s counsel at the following address:

Scott W. Johnston


80 South Eighth Street, Suite 3200

Minneapolis, Minnesota150 SOUTH FIFTH STREET, SUITE 2200

P.O. BOX 2910

MINNEAPOLIS, MN 55402-2215

[email protected]

[email protected]

[email protected]


By: /Aisha FarrajPostell/

Aisha FarrajPostell



CANADA GOOSE INC.

Opposer,

v.

GOOSE COUNTRY, LLC,

Applicant.



Trademark: ORIGINAL GOOSE COUNTRY Published: October 30, 2018




Serial No. 87/788,663 for ORIGINAL GOOSE COUNTRY and asserts its affirmative defenses to

the Opposition.



















or first use dates.
































such defenses.





Aisha FarrajPostell

POWELL & ROMAN, LLC

131 White Oak Lane


[email protected]

[email protected]

Applicant hereby appoints William R. Kugelman, Joseph M. Powell, Jose D. Roman,

Joanna L. Crosby, Tanner Kingston, and all other attorneys at the law firm of Powell & Roman,

LLC, to handle all matters in the United States Patent and Trademark Office relating to this

proceeding with full power of substitution.


/Aisha FarrajPostell/

Aisha FarrajPostell

POWELL & ROMAN, LLC

131 White Oak Lane


Tel: (732) 679-3777

Fax: (732) 679-6433


Goose Country, LLC

Dated: May 8, 2019November 18, 2020


I hereby certify that on May 8, 2019November 18, 2020, I served the foregoing FIRST

AMENDED ANSWER TO NOTICE OF OPPOSITION AND AFFIRMATIVE DEFENSES

via e-mail upon the Opposer’s counsel at the following address:

Scott W. Johnston


80 South Eighth Street, Suite 3200

Minneapolis, Minnesota150 SOUTH FIFTH STREET, SUITE 2200

P.O. BOX 2910

MINNEAPOLIS, MN 55402-2215

[email protected]

[email protected]

[email protected]


By: /Aisha FarrajPostell/

Aisha FarrajPostell

EXHIBIT C



CANADA GOOSE INC.

Opposer,

v.

GOOSE COUNTRY, LLC,

Applicant.



Trademark: GOOSE COUNTRY Published: October 30, 2018




Serial No. 87/788,277 for GOOSE COUNTRY and asserts its affirmative defenses to the

Opposition.



















or first use dates.
































such defenses.





Aisha Postell

POWELL & ROMAN, LLC

131 White Oak Lane


[email protected]

[email protected]

Applicant hereby appoints William R. Kugelman, Joseph M. Powell, Joanna L. Crosby,

Tanner Kingston, and all other attorneys at the law firm of Powell & Roman, LLC, to handle all

matters in the United States Patent and Trademark Office relating to this proceeding with full

power of substitution.


/Aisha Postell/

Aisha Postell

POWELL & ROMAN, LLC

131 White Oak Lane


Tel: (732) 679-3777

Fax: (732) 679-6433


Goose Country, LLC

Dated: November 18, 2020




I hereby certify that on November 18, 2020, I served the foregoing FIRST AMENDED

ANSWER TO NOTICE OF OPPOSITION AND AFFIRMATIVE DEFENSES via e-mail

upon the Opposer’s counsel at the following address:

Scott W. Johnston



P.O. BOX 2910


[email protected]

[email protected]

[email protected]


By: /Aisha Postell/

Aisha Postell






CANADA GOOSE INC.

Opposer,

v.

GOOSE COUNTRY, LLC,

Applicant.



Trademark: ORIGINAL GOOSE COUNTRY Published: October 30, 2018




Serial No. 87/788,663 for ORIGINAL GOOSE COUNTRY and asserts its affirmative defenses to

the Opposition.



















or first use dates.
































such defenses.





Aisha Postell

POWELL & ROMAN, LLC

131 White Oak Lane


[email protected]

[email protected]

Applicant hereby appoints William R. Kugelman, Joseph M. Powell, Joanna L. Crosby,

Tanner Kingston, and all other attorneys at the law firm of Powell & Roman, LLC, to handle all

matters in the United States Patent and Trademark Office relating to this proceeding with full

power of substitution.


/Aisha Postell/

Aisha Postell

POWELL & ROMAN, LLC

131 White Oak Lane


Tel: (732) 679-3777

Fax: (732) 679-6433


Goose Country, LLC





I hereby certify that on November 18, 2020, I served the foregoing FIRST AMENDED

ANSWER TO NOTICE OF OPPOSITION AND AFFIRMATIVE DEFENSES via e-mail

upon the Opposer’s counsel at the following address:

Scott W. Johnston



P.O. BOX 2910


[email protected]

[email protected]

[email protected]


By: /Aisha Postell/

Aisha Postell




estta tracking number: estta1096349 11/18/2020

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