Opposer, Trans-High Corporation filed a Notice of Opposition against Applicant, JFC Tobacco Corp., owner of the mark HIGH HEMP for cigar wraps made from hemp, cigarette papers made from hemp, Tobacco, Flavored tobacco, hookah tobacco and leaf tobacco. Opposer has used the mark HIGH TIMES for its magazine covering marijuana and hemp related topics. Applicant, JFC Tobacco Corp. is represented by The Law Firm of Andrea Hence Evans, LLC.
Discovery was set to close on January 22, 2018. Opposer served discovery on December 22, 2018. Applicant filed its discovery requests on January 10, 2018, where responses would be due on February 9, 2018, after the close of discovery. Opposer noted that the requests were untimely since responses would be due after the close of the discovery. Applicant sought an extension of time from Opposer but received no response from opposing counsel. Applicant filed a Motion To Extend The Deadline to Close of Discovery and Extend Deadline for Applicant to Respond to Discovery, noting that Applicant had delays due to the hurricane in Puerto Rico and that it was difficult to reach Applicant during the Winter holidays.
The TTAB noted that the appropriate standard for allowing an extension of a specified time prior to the expiration of that period is “good cause” and not “excusable neglect.” Opposer argued in its motion that the standard should be excusable neglect and not good cause.
The TTAB GRANTED Applicant’s motion since Applicant demonstrated the requisite good cause to warrant the extension of time to respond and to extend discovery.
THIS ORDER IS A PRECEDENT OF THE TTAB. CLICK HERE TO READ THE FULL ORDER.
JFC Tobacco Corp. is represented by THE LAW FIRM OF ANDREA HENCE EVANS, LLC.
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For people who need help navigating the patent office, All About Inventing Everything You Need To Know About Patents From a Former USPTO Patent Examiner & Patent Attorney is invaluable. Andrea Hence Evans, former patent examiner at the USPTO and current patent attorney, has written this book to explain different types of patents, patent prosecution, how to avoid and correct rejections, and more! This book will help you understand your options to protect your invention and help you navigate your patent application through the USPTO.
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Invention-Con 2018 is a free, two-day independent inventors’ conference to inform and equip inventors and small businesses with intellectual property know-how! The conference will be held at the USPTO headquarters on August 17-18, 2018 in Alexandria, VA!
Here’s the FULL AGENDA!
Andrea H. Evans, Esq. is scheduled to teach you all about the PERFECT PITCH on 8/18/2018 at 12:30-1:30pm. REGISTRATION IS FREE AND REQUIRED!
REGISTER HERE! See you there!
Breaking News! On 10/28/2015, Andre Young (Dr. Dre) filed trademark oppositions against Dr. Drai, OBGYN. Dr. Dre opposed the registration of Dr. Drai’s marks for 1) likelihood of confusion and 2) a false suggestion of connection. On May 3, 2018, the Trademark Trial and Appeal Board (TTAB) at the USPTO DISMISSED Dr. Dre’s claims and Dr. Drai’s trademarks will proceed to registration.
Represented by The Law Firm of Andrea Hence Evans, LLC, Dr. Drai filed two trademark applications, Dr. Drai and Dr. Drai and design for primarily medical, educational and entertainment services.
Dr. Dre argued that his trademark was “strong” but the TTAB noted that most of the articles he provided as evidence were either hearsay or did not feature stories about Dr. Dre’s brand or his goods or services, but simply mentioned him in a larger context. Dr. Dre argued that Dr. Drai’s educational and entertainment services were related because consumers would perceive that the services Dr. Drai provides are related to musical composition and production services in entertainment.
The Board noted that the Dr. Dre mark is strong in the music field; however, the music services of Dr. Dre were not related to Dr. Drai’s services such that there would be a likelihood of confusion.
Regarding the false connection argument, the Board questioned whether Dr. Dre’s reputation as a musician and producer is of such a nature that when the Dr. Drai marks are used in connection with its goods and services consumers would understand the goods and services to refer to Dr. Dre. The Board ruled that there is no evidence to establish that Dr. Dre’s music reputation is such a nature that a connection with Dr. Drai’s medical services would be presumed.
In response to receiving a cease and desist letter, Dr. Drai testified, “I was just appalled how someone would think that I wanted to be them and I actually went to medical school. … I was hurt that someone was attacking me in my position as being a doctor. And I earned the right to be a physician.”
Represented by The Law Firm of Andrea Hence Evans, LLC, Attorney Andrea Evans commented, “I am proud to represent Dr. Drai and even prouder that he did not back down when Dr. Dre pursued these oppositions. We stood by our client who simply created the Dr. Drai brand because Drai is his nickname and he is an actual medical doctor.”
I can’t wait for Season 2 of Make 48 to air! Be sure to like our FB page and other social media accounts @evansiplaw. Text evansiplaw to 444999 to join the newsletter so you won’t miss out.
CLICK HERE to read an article written by the Make 48 team where they interviewed me about patents and trademarks! Enjoy.
Andrea Evans, owner of The Law Firm of Andrea Hence Evans, was recently interviewed by Dean Rotbart for his weekly podcast, Monday Morning Radio! The podcast features savvy small business owners and experts.
Andrea Hence Evans advises listeners how to create and protect all manner of intellectual property rights. Want to know if your idea is patentable or if your existing IP rights can withstand a challenge?