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Faptap

01/17/23 10:45 AM

#16867 RE: trader53 #16866

What does this mean in regards to form 10?
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PennyHoper

01/17/23 11:07 AM

#16869 RE: trader53 #16866

The thing most encouraging about that -- in the sense that there is a glimmer of hope -- is that the latest order by the Board, allowing the suspension, has new wording, namely, that the next time the deadline comes around, the Plaintiff (Ilegal Mezcal) must show actual proof of progress in the settlement negotiations.

My guess is that up until now, there has been NO "negotiation for settlement" going on at all. Illegal Brands IP has probably told Ilegal Mezcal to 'get stuffed and go away,' because it knows it has the upper hand. If Ilegal Mezcal had the stronger case, it likely would have already gone to a more serious step in the opposition-to-a-trademark process.

But, as 'they say,' we'll have to wait and see.
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PennyHoper

01/17/23 11:19 AM

#16872 RE: trader53 #16866

T53 may have a different take on it, but I don't think it is directly related to Form 10 filing, since the Form 10 can always simply declare in the Form 10 (or related form) that a trademark opposition case against the trademark on the Illegal Brands graphic logo is on-going. Edgar filings often document past (closed) and presently-ongoing litigation.

Since Ilegal Mezcal hasn't even attempted to Trademark it's own form of their graphic logo, they will probably lose the case.

I think its even more encouraging that WCVC is about to open a new Kalaka Mexican Kitchen, plus they've released news in the same press article that the current Kalaka restaurant is booming. If that's the case, surely they have the money, time-cycles, and lack-of-COVID restrictions to get their Edgar filings together.
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BDEZ

01/17/23 9:52 PM

#16885 RE: trader53 #16866

Thanks for the update trader.
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trader53

01/28/23 1:38 AM

#17045 RE: trader53 #16866

WCVC - Engaged in Settlement


The parties are
actively engaged in negotiations
for the settlement of this matter.


ILEGAL MEZCAL, S.A.

requests that this proceeding be
suspended for 60 days
to allow the parties to continue
their settlement efforts
.

https://ttabvue.uspto.gov/ttabvue/v?pno=91266421&pty=OPP&eno=28

____________________________________________________

Opposer's consented motion filed

January 12, 2023,
to suspend this proceeding for
sixty (60) days is granted


https://ttabvue.uspto.gov/ttabvue/v?pno=91266421&pty=OPP&eno=29

Proceedings to resume on 03/14/2023.