Spring 2000
Assignment No. 2
Instructions: Attached are: (1) a summary of relevant facts; (2) the summary page of an application for registration of the Mark EXECUTIVE COURT INN' AND CONFERENCE CENTER on the Principal Register under Section I (b) of the Lanham Act which has been published for opposition; (3) the summary page of an application for registration of the Mark EXECUTIVE INN' HOTELS & SUITES Plus DESIGN on the Principal Register under Section I (a) of the Lanham Act, which is currently pending; and (4) several web page printouts.
Please review the attached materials carefully and draft:
1. A Notice of Opposition.
2. An Answer to Notice of Opposition.
Please note: You have to prepare two (2) documents for this assignment.
ALLWORK INIUST BEYOUR OWN - YOU ARE NOT PEIVNIITTED TO WORK WITH ANOTHER STUDENT, OR TO OTHERWISE DISCUSS THE PROBLEM WITH ANYONE ELSE. Once again, no additional evidence should be submitted - base your pleadings on the evidence supplied.
The facts are drawn from currently pending applications. UNDER NO CIRCUMSTANCES ATTEMPT TO CONTACT ANY APPLICANT.
For purposes of drafting your arguments. you must confine yourself to the facts supplied, appropriate case law, Hawes, Trademark Practice Forms, and the Trademark Manual of Examining Procedure (which can be found at http://www.upto.gov/web/offices/tac/tmep/,).
The Notice of Opposition and Answer are due in the Registrar's Office by the close of business on Wednesday, April 26, 2000. Do not place your name anywhere on the documents but please remember to include your exam number on the front page. You are limited to 5 typewritten pages per document, for a total of 10 pages, but do not feel compelled to submit that many pages. The exercise is worth 50% of your final grade.
Attached are the
following:
1. Information sheet about the EXECUTIVE COURT INN AND CONFERENCE CENTER trademark application, owned by The Yard Restaurant, Inc. ("Yard Mark"). This mark was published for opposition on April 4, 2000.2. Information Sheet about EXECUTIVE INN HOTELS & SUITES Plus Design trademark application ("Client Mark").
Our client,
Executive Inn, Inc., is very concerned about the EXECUTIVE COURT INN AND
CONFERENCE CENTER mark, and would like to challenge this application. Given that
it is already April 19, we will have to get our act together to file tills
opposition.
What I need you to
do is prepare both a Notice of Opposition and an Answer to that Opposition. The
reason I want you to do both, is so that we can start thinking about how The
Yard Restaurant, Inc. will respond to our opposition, and anticipate their
arguments Please be creative, and put in all arguments that can be made against
this mark. At tills point. we do not know all\- facts about the Yard Mark except
what is contained in the attached status. Assume, therefore, that The Yard
Restaurant. Inc. call only support its mark based on the information stated in
its application. Also, all the information we have at this point about the use
of the Client Mark is what is contained in the information sheet, and as
follows:
A. Here is the Client's description of its services on its Web site (whatever that is): "Welcome to the Executive Inn Hotels and Suites website. We are a chain of fine boutique and plaza hotels offering all the comforts of home, all the conveniences of an office and all the facilities of first class hotels. Explore the Executive Experience."Please have your draft Notice of Opposition and Answer to me by close of business on Wednesday, April 26, 2000.B. The Client operates a chain of hotels throughout Canada, and has two hotels in the US - both in the Seattle area. The chain is well known in Canada, and is breaking into the US market.
C. The client provides high-end hotel and conference center services at its locations.
| Word Mark | EXECUTIVE INN HOTELS & SUITES |
| Goods
and Services |
IC 042, US 100 101, G & S: hotel, restaurant, banquet, catering, convention, fitness centre, bar and cocktail lounge services. FIRST USE: November; November 30, 1997. FIRST USE IN COMMERCE; November 30, 1997 |
| Mark
Drawing Code |
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS |
| Design Search Code | 260128 |
| Serial Number | 75669600 |
| Filing Date | March 26,1999 |
| Owner | (APPLICANT) Executive Inn Inc. CORPORATION CANADA 2900 - 595 |
| Section
44 Indicator |
SECT44 |
| Priority Date | January 13, 1999 |
| Disclaimer | NO CLAIM IS
MADE TO THE EXCLUSIVE RIGHT TO USE "HOTELS AND SUITES" APART FROM THE MARK AS SHOWN |
| Type of Mark | SERVICE MARK |
| Register | PRINCIPAL |
| Live/Dead Indicator |
LIVE |
APPLICANT'S MARK
PUBLISHED FOR OPPOSITION
| Word Mark | EXECUTIVE COURT INN AND CONFERENCE CENTER |
| Goods and Services | IC 036. US
100 101 102. G & S: Providing facilities for
business conferences IC 042. US 100 101. G & S: Hotel and restaurant services |
| Mark Drawing Code | (1) TYPED DRAWING |
| Serial Number | 75459637 |
| Filing Date | March 31, 1998 |
| Files ITU | FILED AS ITU |
| Published for Opposition | April 4,2000 |
| Owner | (APPLICANT)YARD RESTAURANT. INC., THE
CORPORATION NEWHAMPSHIRE 1199 So. Mammoth Road Manchester NEW HAMPSHIRE 03109 |
| Disclaimer | NO CLAIM IS
MADE TO THE EXCLUSIVE RIGHT TO USE "INNN AND CONFERENCE CENTER" APART FROM THE MARK AS SHOWN |
| Type of Mark | SERVICE MARK |
| Register | PRINCIPAL |
| Live/Dead Indicator | LIVE |
* * * END OF EXAM * * *
