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

ESTTA Tracking number: ESTTA1108720

Filing date: 01/19/2021

IN THE UNITED STATES PATENT AND TRADEMARK OFFICEBEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Proceeding 92073993

Party Plaintiff«Konti-Rus» Joint Stock Company

CorrespondenceAddress

ALEXANDER LAZOUSKILAZOUSKI IP LLC14726 BOWFIN TERRACE, SUITE 1LAKEWOOD RANCH, FL 34202UNITED STATESPrimary Email: al@lzlawoffice.com201-645-5616

Submission Other Motions/Submissions

Filer's Name Alexander Lazouski

Filer's email al@lzlawoffice.com

Signature /asl/

Date 01/19/2021

Attachments Exh 1.pdf(347653 bytes )Exh 2.pdf(171241 bytes )Exh 3.pdf(1519036 bytes )Exh 4.pdf(1860278 bytes )Exh 5.pdf(1531245 bytes )Exh 6.pdf(1547054 bytes )Exh 7.pdf(44098 bytes )Petitioner Reply Motion.pdf(307223 bytes )

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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

«Konti-Rus» Joint Stock Company

Petitioner,

Cancellation No.: 92073993

v. Reg. No.: 3853592

Mark: BONJOUR

International Golden Foods, Inc.,

Respondent.

______________________________________/

PETITIONER’S FIRST SET OF

INTERROGATORIES AND DOCUMENT REQUESTS

Petitioner «Konti-Rus» Joint Stock Company (“Petitioner” or “Konti”) through its attorneys

requests, pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure, Respondent,

International Golden Foods, Inc, by its duly designated and informed officers or agents, to answer

under oath each of the interrogatories set forth below and to produce all documents and things

specified or identified herein. Responses to the interrogatories shall be provided and production of

all documents and things shall take place within thirty (30) days of service hereof, in the form as

counsels may agree.

INTRODUCTION AND DEFINITIONS AND INSTRUCTIONS

A. These interrogatories and requests for production are submitted for the purpose of

discovery and are not to be taken as waiving any objections which may be made at any proceeding

by the Petitioner to the introduction of evidence or subjects covered by these interrogatories or

requests, or as an admission at any proceeding of the relevance or materiality of any of the matters

covered by these interrogatories or requests.

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B. These interrogatories shall be deemed continuing in accordance with Rule 26(e) of

the Federal Rules of Civil Procedure so as to require Respondent to supplement its responses as to:

(1) the identity of persons having knowledge of discoverable matters; and (2) the identity of each

person expected to be called as an expert witness during this proceeding, the subject matter on

which the expert is expected to testify, and the substance of the expert's testimony. Fed. R. Civ. P.

26(e)(l). Respondent also has a duty to amend a prior response if it obtains information indicating

that the response was incorrect when made, or that the response, though correct when made, is no

longer true and the circumstances are such that a failure to amend the response is in substance a

knowing concealment. Fed. R. Civ. P. 26(e)(2).

C. As used herein, the following terms have the meanings set forth below:

(1) The term “Petitioner” means «Konti-Rus» Joint Stock Company and all

parents, subsidiaries, divisions, and affiliates.

(2) The term “Respondent” means International Golden Foods, Inc and all

partners, trustees, employees, actual and potential licensors, licensees,

franchisors, franchisees, agents and representatives of Respondent; all

organizations presently or previously associated with Respondent and the

officers, directors, employees or agents thereof; and any predecessor

company, division, corporation, partnership, or any business entity at any

time directly or indirectly controlled by Respondent or controlled by a

predecessor company. In each instance where an interrogatory differs as to

the Respondent or any such company, division, corporation, partnership or

business entity, or is applicable only to one of them, the answer shall so state,

shall set forth such difference and shall state separately all information

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applicable to Respondent and all information applicable to each such

company, division, corporation, partnership, or business entity.

(3) The term “person” or “persons” includes, without limitation, individuals,

associations, companies, sole proprietorships, divisions, corporations,

partnerships, joint ventures, and any business entities. Whenever an

interrogatory requests identification of persons, as to those persons named in

response to the interrogatory now in the employ of or associated with

Respondent, state the title or position, duties and present residence and

business addresses of each such person. As to those “persons” who have

previously been but are not now in the employ of or associated with

Respondent, state the periods of employment or association with Respondent,

the person's title or positions during that period, and the last known

residences of such persons. As to all “persons” state their residence and

business addresses.

(4) The term “date” means the exact day, month and year, if ascertainable, or if

not, the best approximation, including the relationship to other events.

(5) The term “document” or “documents” includes, without limitation, originals,

masters and every non-identical copy, of writings, including handwritings,

and printed, typed or other graphic or photographic matter including film or

microfilm of any kind or nature, video tape, recordings (tape, disc or other)

or oral communications and other data compilations from which information

can be obtained, in the possession, custody or control of Respondent, or any

present or former officers, employees or agents thereof, or known by

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Respondent to exist. The term “document” or “documents” includes, without

limiting the generality of the foregoing, all letters, e-mails, telegrams,

teletypes, correspondence, contracts, agreements, notes to the files, artistic

designs and layouts, shop notebooks, reports, memoranda, mechanical or

electronic recordings or transcripts thereof, blueprints, flow sheets, formal or

informal drawings or diagrams, calendar or diary entries, memoranda of

telephone or personal conversations or of meetings or conferences, studies,

reports, inter-office communications, price lists, bulletins, circulars,

statements, manuals, summaries or compilations, minutes of meetings, maps,

charts, graphs, order papers, articles, announcements, books, catalogues,

records, tables, books of account, ledgers, vouchers, canceled checks,

invoices, bills, analyses, or statistical data.

(6) The term “business entity” includes, without limitation, individuals,

associations, sole proprietorships, partnerships, joint ventures, corporations

and other business organizations whether formal or informal.

(7) The term “third party” includes, without limitation, manufacturers,

distributors, importers, merchants, retailers, wholesalers, ultimate purchasers

and any other persons, not including Respondent or Petitioner.

(8) Unless otherwise indicated by the contents, the term “identify”:

a. when used in connection with documents means to provide a

description of the document sufficient to support a request for

production, including the general nature of the subject matter, the

date, identification of the author and recipients, if any, any

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attachments or enclosures, and the present custodian of the document.

In answering those interrogatories requiring identification of a

document, a copy of the document may be attached to the answers in

lieu of identification;

b. when used with respect to a natural person means to state the person’s

name, home and business address, home and business telephone

number, and occupation or job title;

c. when used with respect to one other than a natural person, such as a

company, corporation or other entity, means to state the name thereof,

its address, the nature of its business, the type of goods or services it

provides, the industry or industries in which it conducts business, and

the name, job title and telephone number of at least one natural

person who has knowledge of Respondent, and Respondent’s goods

or services;

d. when used in connection with things, including and not limited to

products or physical things, means to furnish a complete description

of the thing, including its common designation, its composition, its

physical description, its product identification number, and any other

distinguishing characteristics;

e. when used in connection with “instance,” “incident” or “occurrence”

means to furnish a complete description of the instance, including

relevant time periods, location, any legal proceedings relating thereto,

any information identifying any legal proceeding, any docket number,

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any commencement/decision date, all persons involved, and

resolution or present status.

f. when used in connection with “marketing plans” means to identify all

intended or planned locations, geographical areas or territories, the

goods or services intended or planned to be marketed or sold, all

future target customers, dates when sales in such geographical areas

are planned or expected, and the names and marks under which such

services and/or goods will be marketed and/or offered.

g. when used in connection with “searches,” “investigations,”

“opinions,” “surveys,” “polls” or “studies” means to identify the date

of the search, investigation, opinion, survey, poll or study; the person

who conducted or undertook the search, investigation, opinion,

survey, poll or study or caused to be conducted or undertaken the

search, investigation, opinions, survey, poll or study, and the

substance of such search, investigation, opinion, survey, poll or study.

h. when used in connection with “instance(s) of actual confusion,”

including without limitation misdirected mail, telephone calls, orders,

inquiries, complaints, or comments received by Respondent that were

intended for Respondent or any of its agents or licensees, means to

identify the date(s) of such instances and the person(s) involved.

i. when used in connection with “trademark dispute(s),” including

without limitation, litigation, opposition proceedings, cancellation

proceedings, cease and desist requests whether written or oral, and

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demands by third parties whether written or oral, means to identify

each third party, a summary of the substance of the objection and

response thereto, and if a formal proceeding resulted, the identity of

the commencement or decision date, docket number, presiding body

and either the final resolution or present status of each such

proceeding.

j. when used in connection with “fact or expert witness” means to

identify the person, the subject matter on which the expert is expected

to testify and the substance of the experts’ testimony pursuant to Fed.

R. Civ. P. 26.

k. when used in connection with “circumstances surrounding

Respondent first knowledge” means to identify all of the persons

having such knowledge, the earliest date of such knowledge and the

means by which such persons gained such knowledge.

(9) “In commerce” refers to commerce that may be regulated by the United

States federal government, namely, interstate commerce and/or commerce

between the United States and a foreign country.

(10) “Designations” includes any and all product descriptions, slogans, phrases,

assumed names, trade names, trademarks, service marks, logo-types, and any

or all other indicia identifying, describing, labeling or distinguishing

Respondent’s goods or services.

(11) “BONJOUR Mark” includes any and all Designations which are formed by

or incorporate the term “BONJOUR” and variations thereof.

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(12) “Respondent’s Goods” are “Candies; Candy; Candy bars; Candy containing

alcoholic beverage content and flavor; Candy decorations for cakes; Candy

for food; Candy mints; Candy sprinkles; Candy with caramel; Candy with

cocoa; Chocolate candies; Chocolates and chocolate based ready to eat

candies and snacks; Confectionery for decorating Christmas trees;

Confectionery made of sugar; Confectionery, namely, pastilles; Fondants;

Frozen confectionery; Fruit jellies; Gummy candies; Peppermint candy;

Peppermint for confectionery; Starch-based candies (ame); Sugarless

candies; Sweets”.

(13) “Advertisement or promotion” includes, without limitation, references to any

BONJOUR Mark in/on periodicals, the Internet and other on-line computer

services, brochures, billboards, signs, sales displays, posters, catalogs,

electronic devices such as radio and television, or any other medium used to

promote Respondent’s Goods.

(14) “Or” means “and/or”.

(15) In each of the following Interrogatories and Requests for Production, the

singular includes the plural and the plural includes the singular.

(16) In each of the following Interrogatories and Requests for Production, the

masculine includes the feminine and the neuter; and the neuter includes both

the masculine and the feminine.

INTERROGATORIES

INTERROGATORY NO. 1

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Identify all Marks that Respondent has used or registered (and/or ever intended to use or

register) comprised of or containing “BONJOUR Mark” in connection with Respondent’s Goods.

INTERROGATORY NO. 2

Identify all directors, officers, sales and marketing managers, franchising managers, as well

as all other individuals and/or company representatives who are in any way associated or affiliated

with Respondent who have or have had any input whatsoever in directing the manner in which

BONJOUR Mark has been used or non-used in the United States, and for each individual identified,

specify that individual’s role in such activities.

INTERROGATORY NO. 3

Identify each product among Respondent’s Goods ever promoted, offered, or sold in

connection with Respondent's BONJOUR Mark in the United States.

INTERROGATORY NO. 4

Identify all agreements entered into by Respondent relating to or referring to Respondent's

BONJOUR Mark in the United States in connection with all of the Respondent’s Goods, including

without limitation, all assignments, licenses, franchise agreements, manufacturing agreements, and

other agreements.

INTERROGATORY NO. 5

Has there ever been a period during which Respondent’s use of Respondent's BONJOUR

Mark for any of the Respondent’s Goods (separately for each product, specifically, Candies; Candy;

Candy bars; Candy containing alcoholic beverage content and flavor; Candy decorations for cakes;

Candy for food; Candy mints; Candy sprinkles; Candy with caramel; Candy with cocoa; Chocolate

candies; Chocolates and chocolate based ready to eat candies and snacks; Confectionery for

decorating Christmas trees; Confectionery made of sugar; Confectionery, namely, pastilles;

Fondants; Frozen confectionery; Fruit jellies; Gummy candies; Peppermint candy; Peppermint for

confectionery; Starch-based candies (ame); Sugarless candies; Sweets) in the United States has

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been discontinued? If so, for each such period, please state the inclusive dates, whether the

discontinuance was temporary or permanent, and the reason the mark(s) were not used.

INTERROGATORY NO. 6

Has there ever been a period during which Respondent’s use of BONJOUR Mark for any of

the Respondent’s Goods (separately for each product, specifically, Candies; Candy; Candy bars;

Candy containing alcoholic beverage content and flavor; Candy decorations for cakes; Candy for

food; Candy mints; Candy sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies;

Chocolates and chocolate based ready to eat candies and snacks; Confectionery for decorating

Christmas trees; Confectionery made of sugar; Confectionery, namely, pastilles; Fondants; Frozen

confectionery; Fruit jellies; Gummy candies; Peppermint candy; Peppermint for confectionery;

Starch-based candies (ame); Sugarless candies; Sweets) in the United States has been discontinued

for at least 3 consecutive years? If so, for each such period, please state the inclusive dates, whether

the discontinuance was temporary or permanent, and the reason the mark(s) were not used.

INTERROGATORY NO. 7

In case of any non-use period identified in Interrogatory 5 and 6, did Respondent take any

steps toward resuming use of Respondent’s BONJOUR Mark in connection with Respondent’s

Goods? If so, please describe in details in detail what steps were taken and the result of such steps.

INTERROGATORY NO. 8

Have Opposer ever objected to or been subject to an objection by any third party in any

manner relating to BONJOUR Mark? If so, identify each third party, summarize the substance of

the objection and response thereto, and if a formal proceeding resulted, identify the

commencement/decision date, docket number, presiding body, and either the final resolution or

present status of each such proceeding.

INTERROGATORY NO. 9

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State the time period(s) in which Respondent's BONJOUR Mark has been used for each of

Respondent's Goods (separately for each product, specifically, Candies; Candy; Candy bars; Candy

containing alcoholic beverage content and flavor; Candy decorations for cakes; Candy for food;

Candy mints; Candy sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies;

Chocolates and chocolate based ready to eat candies and snacks; Confectionery for decorating

Christmas trees; Confectionery made of sugar; Confectionery, namely, pastilles; Fondants; Frozen

confectionery; Fruit jellies; Gummy candies; Peppermint candy; Peppermint for confectionery;

Starch-based candies (ame); Sugarless candies; Sweets) in the United States (including the date of

first use anywhere and date of first use in commerce).

INTERROGATORY NO. 10

Identify all types of media (for example, social media, newspapers, magazines, trade

journals, direct mail, radio, television, and the Internet) in which Respondent has advertised and/or

currently advertise each of Respondent's Goods (separately for each product, specifically, Candies;

Candy; Candy bars; Candy containing alcoholic beverage content and flavor; Candy decorations for

cakes; Candy for food; Candy mints; Candy sprinkles; Candy with caramel; Candy with cocoa;

Chocolate candies; Chocolates and chocolate based ready to eat candies and snacks; Confectionery

for decorating Christmas trees; Confectionery made of sugar; Confectionery, namely, pastilles;

Fondants; Frozen confectionery; Fruit jellies; Gummy candies; Peppermint candy; Peppermint for

confectionery; Starch-based candies (ame); Sugarless candies; Sweets) under BONJOUR Mark in

the United States.

INTERROGATORY NO. 11

Identify all outlets and Internet websites (e.g., direct sales, authorized dealerships, Internet

websites, etc.) through which any of Respondent's Goods (separately for each product, specifically,

Candies; Candy; Candy bars; Candy containing alcoholic beverage content and flavor; Candy

decorations for cakes; Candy for food; Candy mints; Candy sprinkles; Candy with caramel; Candy

with cocoa; Chocolate candies; Chocolates and chocolate based ready to eat candies and snacks;

Confectionery for decorating Christmas trees; Confectionery made of sugar; Confectionery,

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namely, pastilles; Fondants; Frozen confectionery; Fruit jellies; Gummy candies; Peppermint

candy; Peppermint for confectionery; Starch-based candies (ame); Sugarless candies; Sweets) have

been sold or currently to be sold in the United States.

INTERROGATORY NO. 12

For each year following the alleged first use date of Respondent's BONJOUR Mark, state

the amount of money spent annually on advertising and/or promoting Respondent's Goods

(separately for each product, specifically, Candies; Candy; Candy bars; Candy containing alcoholic

beverage content and flavor; Candy decorations for cakes; Candy for food; Candy mints; Candy

sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies; Chocolates and chocolate

based ready to eat candies and snacks; Confectionery for decorating Christmas trees; Confectionery

made of sugar; Confectionery, namely, pastilles; Fondants; Frozen confectionery; Fruit jellies;

Gummy candies; Peppermint candy; Peppermint for confectionery; Starch-based candies (ame);

Sugarless candies; Sweets) in connection with Respondent's BONJOUR Mark in the United States.

INTERROGATORY NO. 13

For each year following the alleged first use date of Respondent's BONJOUR Mark, state

the annual sales figures in units, the type of products and dollars for Respondent's Goods

(separately for each product, specifically, Candies; Candy; Candy bars; Candy containing alcoholic

beverage content and flavor; Candy decorations for cakes; Candy for food; Candy mints; Candy

sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies; Chocolates and chocolate

based ready to eat candies and snacks; Confectionery for decorating Christmas trees; Confectionery

made of sugar; Confectionery, namely, pastilles; Fondants; Frozen confectionery; Fruit jellies;

Gummy candies; Peppermint candy; Peppermint for confectionery; Starch-based candies (ame);

Sugarless candies; Sweets) sold in connection with Respondent's BONJOUR Mark in the United

States.

INTERROGATORY NO. 14

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Identify all periods of time when Respondent's BONJOUR Mark was not used in commerce

in connection with any of the Respondent's Goods, from the date of first use to the present.

INTERROGATORY NO. 15

Identify all person(s) having knowledge relating to the information provided in Petitioner’s

Petition for Cancellation, including without limitation, the identification of all person(s) who

provided information or were consulted in formulating the Answer to Petitioner’s Petition for

Cancellation, and describe the particular knowledge held by each such person that is identified in

response to this interrogatory.

INTERROGATORY NO. 16

Identify each person expected to be called as a fact or expert witness during this proceeding,

and as to each expert witness, identify the subject matter on which the expert is expected to testify

and the substance of the experts’ testimony pursuant to Fed. R. Civ. P. 26.

REQUESTS TO PRODUCE

1. All documents identified or requested to be identified in Petitioner’s First Set of

Interrogatories.

2. Documents sufficient to show or identify each of Respondent’s Goods.

3. Documents referring or relating to Respondent’s date of first use anywhere and

date of first use in United States commerce of Respondent’s BONJOUR Mark for each of

Respondent’s Goods (separately for each product, specifically, Candies; Candy; Candy bars;

Candy containing alcoholic beverage content and flavor; Candy decorations for cakes; Candy for

food; Candy mints; Candy sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies;

Chocolates and chocolate based ready to eat candies and snacks; Confectionery for decorating

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Christmas trees; Confectionery made of sugar; Confectionery, namely, pastilles; Fondants;

Frozen confectionery; Fruit jellies; Gummy candies; Peppermint candy; Peppermint for

confectionery; Starch-based candies (ame); Sugarless candies; Sweets).

4. Documents sufficient to identify all outlets through which Respondent’s Goods

(separately for each product, specifically, Candies; Candy; Candy bars; Candy containing alcoholic

beverage content and flavor; Candy decorations for cakes; Candy for food; Candy mints; Candy

sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies; Chocolates and chocolate

based ready to eat candies and snacks; Confectionery for decorating Christmas trees; Confectionery

made of sugar; Confectionery, namely, pastilles; Fondants; Frozen confectionery; Fruit jellies;

Gummy candies; Peppermint candy; Peppermint for confectionery; Starch-based candies (ame);

Sugarless candies; Sweets) have been offered or sold, are offered or sold in the United States

(including without limitation all retail points of sale, distributors, and Internet websites where

Respondent’s Goods (separately for each product, specifically, Candies; Candy; Candy bars; Candy

containing alcoholic beverage content and flavor; Candy decorations for cakes; Candy for food;

Candy mints; Candy sprinkles; Candy with caramel; Candy with cocoa; Chocolate candies;

Chocolates and chocolate based ready to eat candies and snacks; Confectionery for decorating

Christmas trees; Confectionery made of sugar; Confectionery, namely, pastilles; Fondants; Frozen

confectionery; Fruit jellies; Gummy candies; Peppermint candy; Peppermint for confectionery;

Starch-based candies (ame); Sugarless candies; Sweets) have been offered in connection with all of

Respondent’s BONJOUR Mark).

5. Representative advertising, promotional, and marketing materials in each media

utilized (e.g., print, television, radio, Internet, direct mail, billboards) in the United States

featuring, displaying, and/or containing Respondent’s BONJOUR Mark in connection with each

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of Respondent’s Goods.

6. Documents sufficient to show all forms in which Respondent’s BONJOUR Mark has

been depicted, displayed, or used in connection with with each of Respondent’s Goods in

commerce in the United States.

7. Representative press releases, articles, and clippings regarding Respondent’s

BONJOUR Mark in connection with each of Respondent’s Goods in the United States.

8. To the extent not already produced in response to other requests, representative

labels, packaging, advertising and promotional materials, and sales literature showing Respondent’s

BONJOUR Mark in connection with each of Respondent’s Goods in the United States.

9. Documents sufficient to identify all Internet websites owned or operated by or on

behalf of Respondent that contain or display Respondent’s BONJOUR Mark or refer or relate to

each of Respondent’s Goods, and representative pages from each such Internet website(s) showing

Respondent’s BONJOUR Mark being uses in commerce in the United States for each and every of

Respondent’s Goods.

10. Documents sufficient to show all media (e.g., newspapers, magazines, radio,

television, Internet) in which Respondent has advertised or promoted Respondent’s BONJOUR

Mark in connection with each and every of Respondent’s Goods in the United States, including but

not limited to media schedules, advertising plans, etc.

11. To the extent not produced in response to other requests, documents sufficient to

show the scope of geographic distribution (e.g., a city of New York, the State of New York, etc.) of

each and every of Respondent’s Goods in the United States in connection with Respondent’s

BONJOUR Mark.

12. All documents referring or relating to objections made by third parties against

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Respondent in regards to use or non-use of Respondent’s BONJOUR Mark in connection any of

Respondent’s Goods in the United States.

13. All documents referring or relating to all communications, investigations, surveys,

searches, studies, research, reports, polls, focus groups, or opinions concerning use or non-use of

Respondent’s BONJOUR Mark in connection any of Respondent’s Goods in the United States.

14. All agreements (e.g., license agreements, coexistence agreements, assignments,

consent agreements, and settlement agreements) between Respondent and any person concerning

the use and/or registration of Respondent’s BONJOUR Mark in connection any of Respondent’s

Goods in the United States.

15. Documents sufficient to identify the annual sales revenues in units and dollars of

each of Respondent’s Goods under Respondent’s BONJOUR Mark (separately for each product,

specifically, Candies; Candy; Candy bars; Candy containing alcoholic beverage content and flavor;

Candy decorations for cakes; Candy for food; Candy mints; Candy sprinkles; Candy with caramel;

Candy with cocoa; Chocolate candies; Chocolates and chocolate based ready to eat candies and

snacks; Confectionery for decorating Christmas trees; Confectionery made of sugar; Confectionery,

namely, pastilles; Fondants; Frozen confectionery; Fruit jellies; Gummy candies; Peppermint

candy; Peppermint for confectionery; Starch-based candies (ame); Sugarless candies; Sweets) in the

United States from the date of the alleged first use until present.

16. Documents sufficient to identify the annual advertising and promotional

expenditures for each of Respondent’s Goods under Respondent’s BONJOUR Mark (separately for

each product, specifically, Candies; Candy; Candy bars; Candy containing alcoholic beverage

content and flavor; Candy decorations for cakes; Candy for food; Candy mints; Candy sprinkles;

Candy with caramel; Candy with cocoa; Chocolate candies; Chocolates and chocolate based ready

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to eat candies and snacks; Confectionery for decorating Christmas trees; Confectionery made of

sugar; Confectionery, namely, pastilles; Fondants; Frozen confectionery; Fruit jellies; Gummy

candies; Peppermint candy; Peppermint for confectionery; Starch-based candies (ame); Sugarless

candies; Sweets) in the United States from the date of the alleged first use until present.

17. All documents referring or relating to instances during which Respondent’s use of

BONJOUR Mark for any of the Respondent’s Goods (separately for each product, specifically,

Candies; Candy; Candy bars; Candy containing alcoholic beverage content and flavor; Candy

decorations for cakes; Candy for food; Candy mints; Candy sprinkles; Candy with caramel; Candy

with cocoa; Chocolate candies; Chocolates and chocolate based ready to eat candies and snacks;

Confectionery for decorating Christmas trees; Confectionery made of sugar; Confectionery,

namely, pastilles; Fondants; Frozen confectionery; Fruit jellies; Gummy candies; Peppermint

candy; Peppermint for confectionery; Starch-based candies (ame); Sugarless candies; Sweets) in the

United States has been discontinued for any period of time.

18. In case of any non-use period identified in Request 17, all documents referring or

relating to instances during which Respondent took any steps toward resuming use of Respondent’s

BONJOUR Mark in connection with Respondent’s Goods.

19. To the extent not already produced in response to these requests, all documents

identified and referenced in Respondent’s initial disclosures.

20. All documents not already provided in response to these requests upon which

Respondent will rely in this proceeding.

PETITIONER’S REQUESTS FOR ADMISSION

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Petitioner through its attorneys requests, pursuant to Trademark Rule of Practice 2.120 (37

U.S.C. § 2.120). Trademark Trial and Appeal Board Manual of Procedure § 410, and Federal Rule

of Civil Procedure 36, by its duly designated and informed officers or agents, requests that

Respondent admit the truth of the Requests for Admissions set forth below within thirty (30) days

after service of these Requests.

INSTRUCTIONS

1. Your written response to this request must comply with Rule 36 of the Federal Rule of

Civil Procedure, in that if you do not admit each matter, you must separately respond under oath to

each request within thirty (30) days of the service of this request by:

(a) Admitting so much of the matter involved in the request as is true, either as expressed in

the request itself or as reasonably and clearly qualified by you;

(b) By denying so much of the matter involved in the request as is untrue; and

(c) Specifying so much of the matter involved in the request as to the truth of which the

responding party lacks sufficient information or knowledge.

2. If your response to a particular request is that you lack information or knowledge as a

reason for failure to admit all or part of a request for admission, then you shall state in the answer

that a reasonable inquiry concerning the matter in the particular request has been made, and that the

information known or readily obtainable is insufficient to enable you to admit that matter.

3. If your response is that only part of a request for admission is objectionable, the

remainder of the request shall be answered.

4. If an objection is made to a request or to a part of a request, the specific ground for the

objection shall be set forth clearly in the response.

5. These requests for admission are continuing and require further answer and

supplementation, as provided by Federal Rule of Civil Procedure 26(e).

19

REQUESTS FOR ADMISSIONS

1. Admit that each of the following statements are true:

a) Petitioner served the Initial Disclosures on Respondent on July 29, 2020.

b) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candies in the United States.

c) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy bars in the United States.

d) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy containing alcoholic beverage content and flavor in the United States.

e) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy decorations for cakes in the United States.

f) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy mints in the United States.

g) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy sprinkles in the United States.

h) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy with caramel in the United States.

i) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy with cocoa in the United States.

20

j) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for chocolate candies in the United States.

k) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for chocolates and chocolate based ready to eat candies and snacks in the United

States.

l) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for confectionery for decorating christmas trees in the United States.

m) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for confectionery made of sugar in the United States.

n) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for confectionery, namely, pastilles in the United States.

o) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for fondants in the United States.

p) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for colates and chocolate based ready to eat candies and snacks in the United States.

q) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for frozen confectionery in the United States.

r) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for fruit jellies in the United States.

s) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for gummy candies in the United States.

21

t) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for peppermint candy in the United States.

u) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for starch-based candies (ame) in the United States.

v) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for sugarless candies in the United States.

w) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for sweets in the United States.

x) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candies for at least three consecutive years in the United States.

y) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy bars for at least three consecutive years in the United States.

z) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy containing alcoholic beverage content and flavor for at least three

consecutive years in the United States.

aa) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy decorations for cakes for at least three consecutive years in the United

States.

bb) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy for food for at least three consecutive years in the United States.

cc) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy mints for at least three consecutive years in the United States.

22

dd) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy sprinkles for at least three consecutive years in the United States.

ee) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy with caramel for at least three consecutive years in the United States.

ff) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy with cocoa for at least three consecutive years in the United States.

gg) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for chocolate candies for at least three consecutive years in the United States.

hh) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for chocolates and chocolate based ready to eat candies and snacks for at least three

consecutive years in the United States.

ii) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for confectionery for decorating christmas trees for at least three consecutive years in

the United States.

jj) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for confectionery made of sugar for at least three consecutive years in the United

States.

kk) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for confectionery, namely, pastilles for at least three consecutive years in the United

States.

ll) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for fondants for at least three consecutive years in the United States.

23

mm) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary

course of trade for frozen confectionery for at least three consecutive years in the United

States.

nn) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for fruit jellies for at least three consecutive years in the United States.

oo) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for gummy candies for at least three consecutive years in the United States.

pp) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for peppermint candy for at least three consecutive years in the United States.

qq) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for peppermint for confectionery for at least three consecutive years in the United

States.

rr) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for starch-based candies (ame) for at least three consecutive years in the United States.

ss) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for sugarless candies for at least three consecutive years in the United States.

tt) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for sweets for at least three consecutive years in the United States.

uu) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candies in the United States.

vv) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy bars in the United States.

24

ww) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy containing alcoholic beverage content and flavor in the

United States.

xx) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy decorations for cakes in the United States.

yy) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy for food in the United States.

zz) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy mints in the United States.

aaa) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy sprinkles in the United States.

bbb) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy with caramel in the United States.

ccc) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy with cocoa in the United States.

ddd) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for chocolate candies in the United States.

eee) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for chocolates and chocolate based ready to eat candies and snacks

in the United States.

fff) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for confectionery for decorating christmas trees in the United States.

25

ggg) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for confectionery made of sugar in the United States.

hhh) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for confectionery, namely, pastilles in the United States.

iii) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for fondants in the United States.

jjj) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for frozen confectionery in the United States.

kkk) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for fruit jellies in the United States.

lll) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for gummy candies in the United States.

mmm) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for peppermint candy in the United States.

nnn) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for peppermint for confectionery in the United States.

ooo) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for starch-based candies (ame) in the United States.

ppp) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for sugarless candies in the United States.

qqq) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for sweets in the United States.

26

Respectfully submitted,

Date: July 29, 2020

Alexander S. Lazouski

Lazouski IP LLC

14726 Bowfin Terrace, Suite 1

Lakewood Ranch, FL 34202

(201) 645-5616

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing Petitioner’s First Set Of Interrogatories And Documents Requests and Admissions Requests has been served on

Respondent’s counsel via jmendez@greensfelder.com, smeyer@greensfelder.com,

ipdocket@greensfelder.com, cap@greensfelder.com.

Date: July 29, 2020

Alexander S. Lazouski

IN THE UNITED PATENT AND TRADEMARK OFFICE

TRADEMARK TRIAL AND APPEAL BOARD KONTI-RUS JOINT STOCK CO. ) )

Petitioner, ) ) Registration No. 3,853,952 v. ) Cancellation No. 92073993 ) INTERNATIONAL GOLDEN ) FOODS, INC. ) ) Registrant. )

REGISRANT’S OBJECTIONS TO PETITIONER’S INTERROGATORIES

International Golden Foods, Inc. (“Registrant”), in Response to Konti-Rus Joint Stock

Co.’s (“Petitioner”) Interrogatories, states as follows:

Pursuant to the Trademark Trial and Appeal Board Manual of Procedure (TMBP) Section

405.03(e), Registrant objects that Petitioner’s Requests for Production exceed seventy-five,

counting subparts, in violation of the Trademark Trial and Appeal Board Manual of Procedure

Section 405.03.

Respectfully submitted,

Dated: August 28, 2020 GREENSFELDER, HEMKER, & GALE, P.C.

By: /s/Jessica M. Mendez Susan Meyer, Illinois 6226450 smeyer@greensfelder.com Jessica M. Mendez, Illinois 6306594 jmendez@greensfelder.com 200 W. Madison Street Suite 3300- ATTN: TM DOCKET Chicago, Illinois 60606 Telephone: (312) 419-9090 Facsimile: (312) 419-1930

Attorneys for Registrant International Golden

Foods, Inc.

2

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing REGISRANT’S

OBJECTIONS TO PETITIONER’S INTERROGATORIES is being served on August 28, 2020

by electronic mail to counsel of record for Petitioner Konti-Rus Joint Stock, Co., Alexander S.

Lazouski at al@lzlawoffice.com.

/s/ Jessica M. Mendez

IN THE UNITED PATENT AND TRADEMARK OFFICE

TRADEMARK TRIAL AND APPEAL BOARD KONTI-RUS JOINT STOCK CO. ) )

Petitioner, ) ) Registration No. 3,853,952 v. ) Cancellation No. 92073993 ) INTERNATIONAL GOLDEN ) FOODS, INC. ) ) Registrant. )

REGISRANT’S OBJECTIONS TO PETITIONER’S REQUESTS FOR PRODUCTION

International Golden Foods, Inc. (“Registrant”), in Response to Konti-Rus Joint Stock

Co.’s (“Petitioner”) Requests for Production, states as follows:

Pursuant to the Trademark Trial and Appeal Board Manual of Procedure (TMBP) Section

406.05(e), Registrant objects that Petitioner’s Requests for Production exceed seventy-five,

counting subparts, in violation of the Trademark Trial and Appeal Board Manual of Procedure

Section 406.05.

Respectfully submitted,

Dated: August 28, 2020 GREENSFELDER, HEMKER, & GALE, P.C.

By: /s/Jessica M. Mendez Susan Meyer, Illinois 6226450 smeyer@greensfelder.com Jessica M. Mendez, Illinois 6306594 jmendez@greensfelder.com 200 W. Madison Street Suite 3300- ATTN: TM DOCKET Chicago, Illinois 60606 Telephone: (312) 419-9090 Facsimile: (312) 419-1930

Attorneys for Registrant International Golden

Foods, Inc.

2

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing REGISRANT’S OBJECTION

TO PETITIONER’S REQUESTS FOR PRODUCTION is being served on August 28, 2020 by

electronic mail to counsel of record for Petitioner Konti-Rus Joint Stock, Co., Alexander S.

Lazouski at al@lzlawoffice.com.

/s/ Jessica M. Mendez

1

Alex Lazouski

От: Alex Lazouski <al@lzlawoffice.com>Отправлено: Monday, August 31, 2020 5:59 PMКому: 'Jessica M. Mendez'Копия: 'Susan Meyer'; 'IP Docket'; 'Rochelle R. Randles'; 'Kara E. F. Cenar'Тема: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No.

92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756

Jessica, I believe a phone call will help to clear things out. Please advise when you are available this week. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 5:32 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, These are your discovery requests. You need to tell us your position on every single request. We have already done more than is required by providing an example of what you should be doing. You said Interrogatory No. 1 was only 1 Interrogatory, now you argue its 4. We have no obligation to guess what you meant or what you are asking for in your discovery requests. You are obligated to tell us. Once you tell us what exactly you are requesting and explain your position on the subparts for every single request, we can schedule a time to confer on the objections. As previously indicated, you cannot escalate this dispute to the board until after you provide this information and we confer.

2

When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 3:22 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. I see how in this particular case ‘adoption and use’ may be viewed as different Interrogatories. At the same time, “comprised of” means “includes” or “contains” (see https://www.dictionary.com/browse/comprised), which is identical to “containing of”. Therefore, according to your calculation method, Interrogatory 1 is comprised of (or contains) four separate Interrogatories:

1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

As such, so far total number of Interrogatories is 33, which is still far less than allowed 75. Please advise of the total number of interrogatories you calculated and how the numbers are different in respect to each Interrogatory I listed in my email earlier. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida.

3

CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 3:49 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We need you to explain your position regarding the subparts for each request with specificity. When you tell us you are asking 2 or 3 questions in one interrogatory, we need to know what 2 or 3 things you are asking. The TTAB has specific requirements for subparts. Taking the first interrogatory as an example, you indicate in your email below that you count this as 1 interrogatory. The rules state: “If an interrogatory requests information concerning more than one issue, such as information concerning both ‘sales and advertising figures,’ or both ‘adoption and use,’ the Board will count each issue on which information is sought as a separate interrogatory.” Interrogatory No. 1 states:

Identify all Marks that Respondent has used or registered (and/or ever intended to use or register) comprised of or containing “BONJOUR Mark” in connection with Respondent’s Goods.

o In this interrogatory, every disjunctive is a separate issue under the rules. 1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection

with Respondent’s Goods. 5. Identify all marks Respondent has used containing the “BONJOUR Mark” in connection with

Respondent’s Goods. 6. Identify all marks Respondent has registered containing of the “BONJOUR Mark” in connection with

Respondent’s Goods. 7. Identify all marks you ever intended to use containing of the “BONJOUR Mark” in connection with

Respondent’s Goods. 8. Identify all marks you ever intended to register containing the “BONJOUR Mark” in connection with

Respondent’s Goods.

There are differences between use, registration, an intent to use, and an intent to register. Likewise, there are differences between a mark comprised of the identical registered mark compared to marks “containing,” or, in other words, incorporating the BONJOUR mark combined with other elements. Please clarify what you are asking. Once we have that information, we will know whether you intended to ask 8 discrete questions in Interrogatory No. 1 or whether you only meant to ask 1 question as indicated in your email below. If you only meant to ask one discrete question, Interrogatory No. 1 can be revised to narrowly focus on that issue, but we can only have that discussion if you explain your requests.

4

Of course, this is just one example. We need this information for every request. Once we have that information, we can schedule a time to meet and confer. If we cannot resolve the dispute when we confer, we can reach out to the Board to schedule a call to discuss any remaining issues. In response to your comment regarding Requests for Admissions, those requests have completely different rules and are, therefore, irrelevant to our discussion regarding interrogatories and requests for production. See TBMP Section 407.05(d). We look forward to continuing this discussion after you provide additional information specifying what you are asking for in each discovery request. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 12:28 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email, however, simply quoting TMBP sections provided us little, if any, guidelines on how you calculated the total number of discovery requests. As a representative example, below I outlined the counting method for each and every numbered interrogatory: Interrogatory 1 contains 1 Interrogatory. Interrogatory 2 contains 2 Interrogatories. Interrogatory 3 contains 2 Interrogatories. Interrogatory 4 contains 1 Interrogatory. Interrogatory 5 contains 2 Interrogatories. Interrogatory 6 contains 2 Interrogatories. Interrogatory 7 contains 2 Interrogatories. Interrogatory 8 contains 3 Interrogatories. Interrogatory 9 contains 1 Interrogatory. Interrogatory 10 contains 2 Interrogatories. Interrogatory 11 contains 2 Interrogatories. Interrogatory 12 contains 1 Interrogatory. Interrogatory 13 contains 3 Interrogatory. Interrogatory 14 contains 1 Interrogatory. Interrogatory 15 contains 2 Interrogatories. Interrogatory 16 contains 2 Interrogatories. Total number of the interrogatories are 29. Documents requests are calculated using the same method. Since you did not object to the Admissions requests, please advise if you used the same counting method for the Admissions as for interrogatories/Documents requests.

5

Please share your counting method ASAP so we can address this issue or get the Board involved. See Cf. Emilio Pucci International BV v. Sachdev, 118 USPQ2d 1383, 1385, 1387 (TTAB 2016) (parties should discuss their respective counting methods in attempt to resolve dispute over number; under no counting method did the interrogatories at issue exceed 75). Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 12:55 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We relied on TBMP Sections 405 and 406 respectively. These sections provide specific guidance on how the subparts are counted as separate requests. You are required to comply with these rules for counting subparts. Pursuant to the TMBP Section 405.03(e) and Section 406.05(e), if we believe that you failed to comply, then we serve a general objection. In response, you can send us revised requests and we can meet and confer on those revisions. If you believe the objections are not well taken, then you can provide your method for counting the subparts and we can meet and confer on your method. Please note under TMBP Sections 405.03(e) and 406.05(e), you cannot move to compel responses without first setting forth your method for counting the subparts and conferring with us on your counting method. Once you review your discovery requests in light of TBMP Sections 405 and 406, please provide revised discovery requests, or, if you believe you are in compliance, please provide your method for counting the subparts in each discovery request. Once we receive proposed revisions or additional information regarding your counting method, we can schedule a time to meet and confer. We look forward to hearing from you. Thank you, Jessica Jessica M. Mendez

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Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 10:25 AM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. Our Discovery Requests contain 16 Interrogatory requests and 20 Documents requests. That is why we were quite surprised to receive your blanket “excessive number” objection. As you know, parties should discuss their respective counting methods in attempt to resolve dispute over number. In order to ascertain your “excessive number” objection, please clarify your counting method for each and every discovery request. Looking forward to hear from you ASAP. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, August 28, 2020 10:18 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Attached please find Registrant’s Objections and Responses to Petitioner’s First Set of Discovery Requests. Thank you,

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Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Wednesday, July 29, 2020 3:57 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Please find attached Petitioner’s Initial Disclosures and First Set of Discovery Requests. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, June 15, 2020 3:16 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Confirming receipt of your email. We will be in touch to discuss your client’s claim. Thank you, Jessica

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Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 15, 2020 1:36 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 KIND REMINDER Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 1, 2020 12:34 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. We just received our client’s consent to extend the deadlines but, obviously, it is too late since you filed an Answer. As discussed on the phone last week, we are looking forward to receive settlement proposal. Please confirm safe receipt of this email. Best regards, Alex

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Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, May 29, 2020 5:56 PM To: al@lzlawoffice.com Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Dear Mr. Lazouski, Pursuant to TBMP § 113.04, I am serving via email a copy of Registrant International Golden Foods, Inc.'s Answer, which was filed today in Cancellation Proceeding No. 92073993 as indicated in the filing receipt provided below. Please feel free to contact us with any questions or concerns. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com -----Original Message----- From: Estta_autoreply@uspto.gov <Estta_autoreply@uspto.gov> Sent: Friday, May 29, 2020 4:47 PM To: al@lzlawoffice.com; Jessica M. Mendez <jmendez@greensfelder.com>; Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com> Subject: [EXTERNAL] ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 ESTTA Filing Receipt This ESTTA Filing Receipt confirms receipt of your filing associated with the above-identified ESTTA Tracking Number. Your filing may be viewed on TTABVUE at http://ttabvue.uspto.gov/ttabvue/ . If you don't see your filing on TTABVUE a week after you file, or if you received an error message or experienced a technical issue while submitting your filing on ESTTA, please send an email to estta@uspto.gov and provide the ESTTA Tracking

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Number and the Serial, Registration or Proceeding Number identified above, and a brief description of the error message or technical issue you encountered. For non-technical status or information inquiries, please contact the TTAB Assistance Center at ttabinfo@uspto.gov or 571-272-8500 Monday through Friday from 8:30 a.m. to 5:00 p.m. Eastern Time (ET). ---- Tracking No.: ESTTA1058756 Filing date: 05/29/2020 Proceeding No.: 92073993 Filing Party: Defendant International Golden Foods, Inc. Filing Party's Correspondence Address: INTERNATIONAL GOLDEN FOODS INC 819 INDUSTRIAL DRIVE BENSENVILLE, IL 60106 UNITED STATES info@goldenfood.com 630-860-5552 Submission: Answer Filer's Name: Jessica M. Mendez Filer's email: jmendez@greensfelder.com, smeyer@greensfelder.com, ipdocket@greensfelder.com Signature: /Jessica M. Mendez/ Date: 05/29/2020 Attachments: DOCSCHI81911 TM_BONJOUR_Answer_to_Cancellation.pdf

CONFIDENTIAL & PRIVILEGED TRANSMISSION The message included with this email and any attached document(s) contains information from the law firm of GREENSFELDER, HEMKER & GALE, P.C. which may be confidential and/or privileged. This information is intended to be for the use of the intended recipient. If you are not the intended recipient, note that any disclosure, photocopying, distribution or use of the contents of this email information is prohibited. If you have received this email in error, please notify us by a reply to this email and promptly delete or destroy the transmission or attachments. Opinions, conclusions and other information in this message that do not relate to the official business of Greensfelder, Hemker & Gale, P.C. shall be understood as neither given nor endorsed by it.

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Alex Lazouski

От: Alex Lazouski <al@lzlawoffice.com>Отправлено: Tuesday, November 24, 2020 4:40 PMКому: 'Jessica M. Mendez'Копия: 'Susan Meyer'; 'IP Docket'; 'Rochelle R. Randles'; 'Kara E. F. Cenar'Тема: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No.

92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756Вложения: BONJOUR First Set of Discovery requests updated.pdf

Jessica, Please find attached updated Discovery Responses. Just to avoid any confusion in regards to the number of requests, the each number below refers to a number of separate interrogatories/requests in each respective numbered paragraph. INTERROGATORY NO. 1: 2

INTERROGATORY NO. 2: 2

INTERROGATORY NO. 3: 2

INTERROGATORY NO. 4: 1

INTERROGATORY NO. 5: 3

INTERROGATORY NO. 6: 3

INTERROGATORY NO. 7: 3

INTERROGATORY NO. 8: 3

INTERROGATORY NO. 9: 2

INTERROGATORY NO. 10: 1

INTERROGATORY NO. 11: 1

INTERROGATORY NO. 12: 1

INTERROGATORY NO. 13: 3

INTERROGATORY NO. 14: 1

INTERROGATORY NO. 15: 4

REQUEST TO PRODUCE 1: 2

REQUEST TO PRODUCE 2: 1

REQUEST TO PRODUCE 3: 1

REQUEST TO PRODUCE 4: 1

REQUEST TO PRODUCE 5: 2

REQUEST TO PRODUCE 6: 1

REQUEST TO PRODUCE 7: 3

REQUEST TO PRODUCE 8: 4

REQUEST TO PRODUCE 9: 4

REQUEST TO PRODUCE 10: 1

REQUEST TO PRODUCE 11: 1

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REQUEST TO PRODUCE 12: 2

REQUEST TO PRODUCE 13: 2

REQUEST TO PRODUCE 14: 1

REQUEST TO PRODUCE 15: 2

REQUEST TO PRODUCE 16: 1

REQUEST TO PRODUCE 17: 1

REQUEST TO PRODUCE 18: 1

Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 5:59 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, I believe a phone call will help to clear things out. Please advise when you are available this week. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida.

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CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 5:32 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, These are your discovery requests. You need to tell us your position on every single request. We have already done more than is required by providing an example of what you should be doing. You said Interrogatory No. 1 was only 1 Interrogatory, now you argue its 4. We have no obligation to guess what you meant or what you are asking for in your discovery requests. You are obligated to tell us. Once you tell us what exactly you are requesting and explain your position on the subparts for every single request, we can schedule a time to confer on the objections. As previously indicated, you cannot escalate this dispute to the board until after you provide this information and we confer. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 3:22 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. I see how in this particular case ‘adoption and use’ may be viewed as different Interrogatories. At the same time, “comprised of” means “includes” or “contains” (see https://www.dictionary.com/browse/comprised), which is identical to “containing of”. Therefore, according to your calculation method, Interrogatory 1 is comprised of (or contains) four separate Interrogatories:

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1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

As such, so far total number of Interrogatories is 33, which is still far less than allowed 75. Please advise of the total number of interrogatories you calculated and how the numbers are different in respect to each Interrogatory I listed in my email earlier. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 3:49 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We need you to explain your position regarding the subparts for each request with specificity. When you tell us you are asking 2 or 3 questions in one interrogatory, we need to know what 2 or 3 things you are asking. The TTAB has specific requirements for subparts. Taking the first interrogatory as an example, you indicate in your email below that you count this as 1 interrogatory. The rules state: “If an interrogatory requests information concerning more than one issue, such as information concerning both ‘sales and advertising figures,’ or both ‘adoption and use,’ the Board will count each issue on which information is sought as a separate interrogatory.” Interrogatory No. 1 states:

Identify all Marks that Respondent has used or registered (and/or ever intended to use or register) comprised of or containing “BONJOUR Mark” in connection with Respondent’s Goods.

o In this interrogatory, every disjunctive is a separate issue under the rules.

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1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

5. Identify all marks Respondent has used containing the “BONJOUR Mark” in connection with Respondent’s Goods.

6. Identify all marks Respondent has registered containing of the “BONJOUR Mark” in connection with Respondent’s Goods.

7. Identify all marks you ever intended to use containing of the “BONJOUR Mark” in connection with Respondent’s Goods.

8. Identify all marks you ever intended to register containing the “BONJOUR Mark” in connection with Respondent’s Goods.

There are differences between use, registration, an intent to use, and an intent to register. Likewise, there are differences between a mark comprised of the identical registered mark compared to marks “containing,” or, in other words, incorporating the BONJOUR mark combined with other elements. Please clarify what you are asking. Once we have that information, we will know whether you intended to ask 8 discrete questions in Interrogatory No. 1 or whether you only meant to ask 1 question as indicated in your email below. If you only meant to ask one discrete question, Interrogatory No. 1 can be revised to narrowly focus on that issue, but we can only have that discussion if you explain your requests. Of course, this is just one example. We need this information for every request. Once we have that information, we can schedule a time to meet and confer. If we cannot resolve the dispute when we confer, we can reach out to the Board to schedule a call to discuss any remaining issues. In response to your comment regarding Requests for Admissions, those requests have completely different rules and are, therefore, irrelevant to our discussion regarding interrogatories and requests for production. See TBMP Section 407.05(d). We look forward to continuing this discussion after you provide additional information specifying what you are asking for in each discovery request. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 12:28 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com>

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Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email, however, simply quoting TMBP sections provided us little, if any, guidelines on how you calculated the total number of discovery requests. As a representative example, below I outlined the counting method for each and every numbered interrogatory: Interrogatory 1 contains 1 Interrogatory. Interrogatory 2 contains 2 Interrogatories. Interrogatory 3 contains 2 Interrogatories. Interrogatory 4 contains 1 Interrogatory. Interrogatory 5 contains 2 Interrogatories. Interrogatory 6 contains 2 Interrogatories. Interrogatory 7 contains 2 Interrogatories. Interrogatory 8 contains 3 Interrogatories. Interrogatory 9 contains 1 Interrogatory. Interrogatory 10 contains 2 Interrogatories. Interrogatory 11 contains 2 Interrogatories. Interrogatory 12 contains 1 Interrogatory. Interrogatory 13 contains 3 Interrogatory. Interrogatory 14 contains 1 Interrogatory. Interrogatory 15 contains 2 Interrogatories. Interrogatory 16 contains 2 Interrogatories. Total number of the interrogatories are 29. Documents requests are calculated using the same method. Since you did not object to the Admissions requests, please advise if you used the same counting method for the Admissions as for interrogatories/Documents requests. Please share your counting method ASAP so we can address this issue or get the Board involved. See Cf. Emilio Pucci International BV v. Sachdev, 118 USPQ2d 1383, 1385, 1387 (TTAB 2016) (parties should discuss their respective counting methods in attempt to resolve dispute over number; under no counting method did the interrogatories at issue exceed 75). Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 12:55 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com>

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Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We relied on TBMP Sections 405 and 406 respectively. These sections provide specific guidance on how the subparts are counted as separate requests. You are required to comply with these rules for counting subparts. Pursuant to the TMBP Section 405.03(e) and Section 406.05(e), if we believe that you failed to comply, then we serve a general objection. In response, you can send us revised requests and we can meet and confer on those revisions. If you believe the objections are not well taken, then you can provide your method for counting the subparts and we can meet and confer on your method. Please note under TMBP Sections 405.03(e) and 406.05(e), you cannot move to compel responses without first setting forth your method for counting the subparts and conferring with us on your counting method. Once you review your discovery requests in light of TBMP Sections 405 and 406, please provide revised discovery requests, or, if you believe you are in compliance, please provide your method for counting the subparts in each discovery request. Once we receive proposed revisions or additional information regarding your counting method, we can schedule a time to meet and confer. We look forward to hearing from you. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 10:25 AM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. Our Discovery Requests contain 16 Interrogatory requests and 20 Documents requests. That is why we were quite surprised to receive your blanket “excessive number” objection. As you know, parties should discuss their respective counting methods in attempt to resolve dispute over number. In order to ascertain your “excessive number” objection, please clarify your counting method for each and every discovery request. Looking forward to hear from you ASAP. Please confirm safe receipt of this email. Best regards, Alex

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Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, August 28, 2020 10:18 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Attached please find Registrant’s Objections and Responses to Petitioner’s First Set of Discovery Requests. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Wednesday, July 29, 2020 3:57 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Please find attached Petitioner’s Initial Disclosures and First Set of Discovery Requests. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

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14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, June 15, 2020 3:16 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Confirming receipt of your email. We will be in touch to discuss your client’s claim. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 15, 2020 1:36 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 KIND REMINDER Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida.

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CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 1, 2020 12:34 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. We just received our client’s consent to extend the deadlines but, obviously, it is too late since you filed an Answer. As discussed on the phone last week, we are looking forward to receive settlement proposal. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, May 29, 2020 5:56 PM To: al@lzlawoffice.com Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Dear Mr. Lazouski, Pursuant to TBMP § 113.04, I am serving via email a copy of Registrant International Golden Foods, Inc.'s Answer, which was filed today in Cancellation Proceeding No. 92073993 as indicated in the filing receipt provided below. Please feel free to contact us with any questions or concerns.

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Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com -----Original Message----- From: Estta_autoreply@uspto.gov <Estta_autoreply@uspto.gov> Sent: Friday, May 29, 2020 4:47 PM To: al@lzlawoffice.com; Jessica M. Mendez <jmendez@greensfelder.com>; Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com> Subject: [EXTERNAL] ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 ESTTA Filing Receipt This ESTTA Filing Receipt confirms receipt of your filing associated with the above-identified ESTTA Tracking Number. Your filing may be viewed on TTABVUE at http://ttabvue.uspto.gov/ttabvue/ . If you don't see your filing on TTABVUE a week after you file, or if you received an error message or experienced a technical issue while submitting your filing on ESTTA, please send an email to estta@uspto.gov and provide the ESTTA Tracking Number and the Serial, Registration or Proceeding Number identified above, and a brief description of the error message or technical issue you encountered. For non-technical status or information inquiries, please contact the TTAB Assistance Center at ttabinfo@uspto.gov or 571-272-8500 Monday through Friday from 8:30 a.m. to 5:00 p.m. Eastern Time (ET). ---- Tracking No.: ESTTA1058756 Filing date: 05/29/2020 Proceeding No.: 92073993 Filing Party: Defendant International Golden Foods, Inc. Filing Party's Correspondence Address: INTERNATIONAL GOLDEN FOODS INC 819 INDUSTRIAL DRIVE BENSENVILLE, IL 60106 UNITED STATES info@goldenfood.com 630-860-5552 Submission: Answer

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Filer's Name: Jessica M. Mendez Filer's email: jmendez@greensfelder.com, smeyer@greensfelder.com, ipdocket@greensfelder.com Signature: /Jessica M. Mendez/ Date: 05/29/2020 Attachments: DOCSCHI81911 TM_BONJOUR_Answer_to_Cancellation.pdf

CONFIDENTIAL & PRIVILEGED TRANSMISSION The message included with this email and any attached document(s) contains information from the law firm of GREENSFELDER, HEMKER & GALE, P.C. which may be confidential and/or privileged. This information is intended to be for the use of the intended recipient. If you are not the intended recipient, note that any disclosure, photocopying, distribution or use of the contents of this email information is prohibited. If you have received this email in error, please notify us by a reply to this email and promptly delete or destroy the transmission or attachments. Opinions, conclusions and other information in this message that do not relate to the official business of Greensfelder, Hemker & Gale, P.C. shall be understood as neither given nor endorsed by it.

1

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

«Konti-Rus» Joint Stock Company

Petitioner,

Cancellation No.: 92073993

v. Reg. No.: 3853592

Mark: BONJOUR

International Golden Foods, Inc.,

Respondent.

______________________________________/

PETITIONER’S UPDATED FIRST SET OF

INTERROGATORIES AND DOCUMENT REQUESTS

Petitioner «Konti-Rus» Joint Stock Company (“Petitioner” or “Konti”) through its attorneys

requests, pursuant to Rules 33 and 34 of the Federal Rules of Civil Procedure, Respondent,

International Golden Foods, Inc, by its duly designated and informed officers or agents, to answer

under oath each of the interrogatories set forth below and to produce all documents and things

specified or identified herein. Responses to the interrogatories shall be provided and production of

all documents and things shall take place within thirty (30) days of service hereof, in the form as

counsels may agree.

INTRODUCTION AND DEFINITIONS AND INSTRUCTIONS

A. These interrogatories and requests for production are submitted for the purpose of

discovery and are not to be taken as waiving any objections which may be made at any proceeding

by the Petitioner to the introduction of evidence or subjects covered by these interrogatories or

requests, or as an admission at any proceeding of the relevance or materiality of any of the matters

covered by these interrogatories or requests.

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B. These interrogatories shall be deemed continuing in accordance with Rule 26(e) of

the Federal Rules of Civil Procedure so as to require Respondent to supplement its responses as to:

(1) the identity of persons having knowledge of discoverable matters; and (2) the identity of each

person expected to be called as an expert witness during this proceeding, the subject matter on

which the expert is expected to testify, and the substance of the expert's testimony. Fed. R. Civ. P.

26(e)(l). Respondent also has a duty to amend a prior response if it obtains information indicating

that the response was incorrect when made, or that the response, though correct when made, is no

longer true and the circumstances are such that a failure to amend the response is in substance a

knowing concealment. Fed. R. Civ. P. 26(e)(2).

C. As used herein, the following terms have the meanings set forth below:

(1) The term “Petitioner” means «Konti-Rus» Joint Stock Company and all

parents, subsidiaries, divisions, and affiliates.

(2) The term “Respondent” means International Golden Foods, Inc and all

partners, trustees, employees, actual and potential licensors, licensees,

franchisors, franchisees, agents and representatives of Respondent; all

organizations presently or previously associated with Respondent and the

officers, directors, employees or agents thereof; and any predecessor

company, division, corporation, partnership, or any business entity at any

time directly or indirectly controlled by Respondent or controlled by a

predecessor company. In each instance where an interrogatory differs as to

the Respondent or any such company, division, corporation, partnership or

business entity, or is applicable only to one of them, the answer shall so state,

shall set forth such difference and shall state separately all information

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applicable to Respondent and all information applicable to each such

company, division, corporation, partnership, or business entity.

(3) The term “person” or “persons” includes, without limitation, individuals,

associations, companies, sole proprietorships, divisions, corporations,

partnerships, joint ventures, and any business entities. Whenever an

interrogatory requests identification of persons, as to those persons named in

response to the interrogatory now in the employ of or associated with

Respondent, state the title or position, duties and present residence and

business addresses of each such person. As to those “persons” who have

previously been but are not now in the employ of or associated with

Respondent, state the periods of employment or association with Respondent,

the person's title or positions during that period, and the last known

residences of such persons. As to all “persons” state their residence and

business addresses.

(4) The term “date” means the exact day, month and year, if ascertainable, or if

not, the best approximation, including the relationship to other events.

(5) The term “document” or “documents” includes, without limitation, originals,

masters and every non-identical copy, of writings, including handwritings,

and printed, typed or other graphic or photographic matter including film or

microfilm of any kind or nature, video tape, recordings (tape, disc or other)

or oral communications and other data compilations from which information

can be obtained, in the possession, custody or control of Respondent, or any

present or former officers, employees or agents thereof, or known by

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Respondent to exist. The term “document” or “documents” includes, without

limiting the generality of the foregoing, all letters, e-mails, telegrams,

teletypes, correspondence, contracts, agreements, notes to the files, artistic

designs and layouts, shop notebooks, reports, memoranda, mechanical or

electronic recordings or transcripts thereof, blueprints, flow sheets, formal or

informal drawings or diagrams, calendar or diary entries, memoranda of

telephone or personal conversations or of meetings or conferences, studies,

reports, inter-office communications, price lists, bulletins, circulars,

statements, manuals, summaries or compilations, minutes of meetings, maps,

charts, graphs, order papers, articles, announcements, books, catalogues,

records, tables, books of account, ledgers, vouchers, canceled checks,

invoices, bills, analyses, or statistical data.

(6) The term “business entity” includes, without limitation, individuals,

associations, sole proprietorships, partnerships, joint ventures, corporations

and other business organizations whether formal or informal.

(7) The term “third party” includes, without limitation, manufacturers,

distributors, importers, merchants, retailers, wholesalers, ultimate purchasers

and any other persons, not including Respondent or Petitioner.

(8) Unless otherwise indicated by the contents, the term “identify”:

a. when used in connection with documents means to provide a

description of the document sufficient to support a request for

production, including the general nature of the subject matter, the

date, identification of the author and recipients, if any, any

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attachments or enclosures, and the present custodian of the document.

In answering those interrogatories requiring identification of a

document, a copy of the document may be attached to the answers in

lieu of identification;

b. when used with respect to a natural person means to state the person’s

name, home and business address, home and business telephone

number, and occupation or job title;

c. when used with respect to one other than a natural person, such as a

company, corporation or other entity, means to state the name thereof,

its address, the nature of its business, the type of goods or services it

provides, the industry or industries in which it conducts business, and

the name, job title and telephone number of at least one natural

person who has knowledge of Respondent, and Respondent’s goods

or services;

d. when used in connection with things, including and not limited to

products or physical things, means to furnish a complete description

of the thing, including its common designation, its composition, its

physical description, its product identification number, and any other

distinguishing characteristics;

e. when used in connection with “instance,” “incident” or “occurrence”

means to furnish a complete description of the instance, including

relevant time periods, location, any legal proceedings relating thereto,

any information identifying any legal proceeding, any docket number,

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any commencement/decision date, all persons involved, and

resolution or present status.

f. when used in connection with “marketing plans” means to identify all

intended or planned locations, geographical areas or territories, the

goods or services intended or planned to be marketed or sold, all

future target customers, dates when sales in such geographical areas

are planned or expected, and the names and marks under which such

services and/or goods will be marketed and/or offered.

g. when used in connection with “searches,” “investigations,”

“opinions,” “surveys,” “polls” or “studies” means to identify the date

of the search, investigation, opinion, survey, poll or study; the person

who conducted or undertook the search, investigation, opinion,

survey, poll or study or caused to be conducted or undertaken the

search, investigation, opinions, survey, poll or study, and the

substance of such search, investigation, opinion, survey, poll or study.

h. when used in connection with “instance(s) of actual confusion,”

including without limitation misdirected mail, telephone calls, orders,

inquiries, complaints, or comments received by Respondent that were

intended for Respondent or any of its agents or licensees, means to

identify the date(s) of such instances and the person(s) involved.

i. when used in connection with “trademark dispute(s),” including

without limitation, litigation, opposition proceedings, cancellation

proceedings, cease and desist requests whether written or oral, and

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demands by third parties whether written or oral, means to identify

each third party, a summary of the substance of the objection and

response thereto, and if a formal proceeding resulted, the identity of

the commencement or decision date, docket number, presiding body

and either the final resolution or present status of each such

proceeding.

j. when used in connection with “fact or expert witness” means to

identify the person, the subject matter on which the expert is expected

to testify and the substance of the experts’ testimony pursuant to Fed.

R. Civ. P. 26.

k. when used in connection with “circumstances surrounding

Respondent first knowledge” means to identify all of the persons

having such knowledge, the earliest date of such knowledge and the

means by which such persons gained such knowledge.

(9) “In commerce” refers to commerce that may be regulated by the United

States federal government, namely, interstate commerce and/or commerce

between the United States and a foreign country.

(10) “Designations” includes any and all product descriptions, slogans, phrases,

assumed names, trade names, trademarks, service marks, logo-types, and any

or all other indicia identifying, describing, labeling or distinguishing

Respondent’s goods or services.

(11) “BONJOUR Mark” includes any and all Designations which are formed by

or incorporate the term “BONJOUR” and variations thereof.

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(12) “Respondent’s Goods” are “Candies; Candy; Candy bars; Candy containing

alcoholic beverage content and flavor; Candy decorations for cakes; Candy

for food; Candy mints; Candy sprinkles; Candy with caramel; Candy with

cocoa; Chocolate candies; Chocolates and chocolate based ready to eat

candies and snacks; Confectionery for decorating Christmas trees;

Confectionery made of sugar; Confectionery, namely, pastilles; Fondants;

Frozen confectionery; Fruit jellies; Gummy candies; Peppermint candy;

Peppermint for confectionery; Starch-based candies (ame); Sugarless

candies; Sweets”.

(13) “Advertisement or promotion” includes, without limitation, references to any

BONJOUR Mark in/on periodicals, the Internet and other on-line computer

services, brochures, billboards, signs, sales displays, posters, catalogs,

electronic devices such as radio and television, or any other medium used to

promote Respondent’s Goods.

(14) “Or” means “and/or”.

(15) In each of the following Interrogatories and Requests for Production, the

singular includes the plural and the plural includes the singular.

(16) In each of the following Interrogatories and Requests for Production, the

masculine includes the feminine and the neuter; and the neuter includes both

the masculine and the feminine.

INTERROGATORIES

INTERROGATORY NO. 1

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Identify all Marks that Respondent has used or registered containing “BONJOUR Mark” in

connection with Respondent’s Goods.

INTERROGATORY NO. 2

Identify all individuals who are in any way associated with Respondent who have any input

in directing the manner in which BONJOUR Mark has been used in the United States, and for each

individual identified, specify that individual’s role in such activities.

INTERROGATORY NO. 3

Identify each product among Respondent’s Goods ever promoted, or sold in connection with

Respondent's BONJOUR Mark in the United States.

INTERROGATORY NO. 4

Identify all agreements entered into by Respondent relating to Respondent's BONJOUR

Mark in the United States in connection with any of the Respondent’s Goods.

INTERROGATORY NO. 5

Has there ever been a period during which Respondent’s use of Respondent's BONJOUR

Mark for any of the Respondent’s Goods in the United States has been discontinued? If so, for each

such period, please state the inclusive dates and the reason the mark(s) were not used.

INTERROGATORY NO. 6

Has there ever been a period during which Respondent’s use of BONJOUR Mark for any of

the Respondent’s Goods in the United States has been discontinued for at least 3 consecutive years?

If so, for each such period, please state the inclusive dates and the reason the mark(s) were not used.

INTERROGATORY NO. 7

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In case of any non-use period identified in Interrogatory 5 and 6, did Respondent take any

steps toward resuming use of Respondent’s BONJOUR Mark in connection with Respondent’s

Goods? If so, please describe in details in detail what steps were taken and the result of such steps.

INTERROGATORY NO. 8

Have Opposer ever objected to or been subject to an objection by any third party in any

manner relating to BONJOUR Mark? If so, identify each third party and summarize the substance

of the objection and response thereto.

INTERROGATORY NO. 9

State the time period(s) in which Respondent's BONJOUR Mark has been used for each of

Respondent's Goods in the United States (including the date of first use anywhere and date of first

use in commerce).

INTERROGATORY NO. 10

Identify all types of media (for example, social media, newspapers, magazines, trade

journals, direct mail, radio, television, and the Internet) in which Respondent has advertised each of

Respondent's Goods under BONJOUR Mark in the United States.

INTERROGATORY NO. 11

Identify all outlets and Internet websites (e.g., direct sales, authorized dealerships, Internet

websites, etc.) through which any of Respondent's Goods have been sold in the United States.

INTERROGATORY NO. 12

For each year following the alleged first use date of Respondent's BONJOUR Mark, state

the amount of money spent annually on advertising Respondent's Goods in connection with

Respondent's BONJOUR Mark in the United States.

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INTERROGATORY NO. 13

For each year following the alleged first use date of Respondent's BONJOUR Mark, state

the annual sales figures in units, the type of products and dollars for Respondent's Goods sold in

connection with Respondent's BONJOUR Mark in the United States.

INTERROGATORY NO. 14

Identify all periods of time when Respondent's BONJOUR Mark was not used in commerce

in connection with any of the Respondent's Goods, from the date of first use to the present.

INTERROGATORY NO. 15

Identify all person(s) having knowledge relating to the information provided in Petitioner’s

Petition for Cancellation, including without limitation, the identification of all person(s) who

provided information or were consulted in formulating the Answer to Petitioner’s Petition for

Cancellation, and describe the particular knowledge held by each such person that is identified in

response to this interrogatory.

REQUESTS TO PRODUCE

1. All documents identified or requested to be identified in Petitioner’s First Set of

Interrogatories.

2. Documents sufficient to identify each of Respondent’s Goods.

3. Documents relating to Respondent’s date of first use in United States commerce of

Respondent’s BONJOUR Mark for each of Respondent’s Goods.

4. Documents sufficient to identify all outlets through which Respondent’s Goods have

been offered in connection with all of Respondent’s BONJOUR Mark.

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5. Representative advertising and marketing materials in each media utilized (e.g.,

print, television, radio, Internet, direct mail, billboards) in the United States using Respondent’s

BONJOUR Mark in connection with each of Respondent’s Goods.

6. Documents sufficient to show all forms in which Respondent’s BONJOUR Mark has

been used in connection with each of Respondent’s Goods in commerce in the United States.

7. Representative press releases, articles, and clippings regarding Respondent’s

BONJOUR Mark in connection with each of Respondent’s Goods in the United States.

8. Representative labels, packaging, advertising and promotional materials showing

Respondent’s BONJOUR Mark in connection with each of Respondent’s Goods in the United

States.

9. Documents sufficient to identify all Internet websites owned or operated by or on

behalf of Respondent that use Respondent’s BONJOUR Mark in connection with each of

Respondent’s Goods, and representative pages from each such Internet website(s) showing

Respondent’s BONJOUR Mark being uses in commerce in the United States for each and every of

Respondent’s Goods.

10. Documents sufficient to show all media (e.g., newspapers, magazines, radio,

television, Internet) in which Respondent has advertised Respondent’s BONJOUR Mark in

connection with each and every of Respondent’s Goods in the United States.

11. To the extent not produced in response to other requests, documents sufficient to

show the scope of geographic distribution (e.g., a city of New York, the State of New York, etc.) of

each and every of Respondent’s Goods in the United States in connection with Respondent’s

BONJOUR Mark.

12. All documents relating to objections made by third parties against Respondent in

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regards to use or non-use of Respondent’s BONJOUR Mark in connection any of Respondent’s

Goods in the United States.

13. All documents relating to all communications (for example, investigations, surveys,

searches, studies, research, reports, or opinions) concerning use or non-use of Respondent’s

BONJOUR Mark in connection any of Respondent’s Goods in the United States.

14. All agreements between Respondent and any person concerning the use of

Respondent’s BONJOUR Mark in connection any of Respondent’s Goods in the United States.

15. Documents sufficient to identify the annual sales revenues in units and dollars of

each of Respondent’s Goods under Respondent’s BONJOUR Mark in the United States from the

date of the alleged first use until present.

16. Documents sufficient to identify the annual advertising expenditures for each of

Respondent’s Goods under Respondent’s BONJOUR Mark in the United States from the date of the

alleged first use until present.

17. All documents relating to instances during which Respondent’s use of BONJOUR

Mark for any of the Respondent’s Goods in the United States has been discontinued for any period

of time.

18. In case of any non-use period identified in Request 17, all documents relating to

instances during which Respondent took any steps toward resuming use of Respondent’s

BONJOUR Mark in connection with Respondent’s Goods.

PETITIONER’S REQUESTS FOR ADMISSION

Petitioner through its attorneys requests, pursuant to Trademark Rule of Practice 2.120 (37

U.S.C. § 2.120). Trademark Trial and Appeal Board Manual of Procedure § 410, and Federal Rule

14

of Civil Procedure 36, by its duly designated and informed officers or agents, requests that

Respondent admit the truth of the Requests for Admissions set forth below within thirty (30) days

after service of these Requests.

INSTRUCTIONS

1. Your written response to this request must comply with Rule 36 of the Federal Rule of

Civil Procedure, in that if you do not admit each matter, you must separately respond under oath to

each request within thirty (30) days of the service of this request by:

(a) Admitting so much of the matter involved in the request as is true, either as expressed in

the request itself or as reasonably and clearly qualified by you;

(b) By denying so much of the matter involved in the request as is untrue; and

(c) Specifying so much of the matter involved in the request as to the truth of which the

responding party lacks sufficient information or knowledge.

2. If your response to a particular request is that you lack information or knowledge as a

reason for failure to admit all or part of a request for admission, then you shall state in the answer

that a reasonable inquiry concerning the matter in the particular request has been made, and that the

information known or readily obtainable is insufficient to enable you to admit that matter.

3. If your response is that only part of a request for admission is objectionable, the

remainder of the request shall be answered.

4. If an objection is made to a request or to a part of a request, the specific ground for the

objection shall be set forth clearly in the response.

5. These requests for admission are continuing and require further answer and

supplementation, as provided by Federal Rule of Civil Procedure 26(e).

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REQUESTS FOR ADMISSIONS

1. Admit that each of the following statements are true:

a) Petitioner served the Initial Disclosures on Respondent on July 29, 2020.

b) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candies in the United States.

c) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy bars in the United States.

d) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy containing alcoholic beverage content and flavor in the United States.

e) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy decorations for cakes in the United States.

f) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy mints in the United States.

g) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy sprinkles in the United States.

h) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy with caramel in the United States.

i) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for candy with cocoa in the United States.

j) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for chocolate candies in the United States.

16

k) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for chocolates and chocolate based ready to eat candies and snacks in the United

States.

l) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for confectionery for decorating christmas trees in the United States.

m) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for confectionery made of sugar in the United States.

n) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for confectionery, namely, pastilles in the United States.

o) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for fondants in the United States.

p) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for colates and chocolate based ready to eat candies and snacks in the United States.

q) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for frozen confectionery in the United States.

r) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for fruit jellies in the United States.

s) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for gummy candies in the United States.

t) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for peppermint candy in the United States.

17

u) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for starch-based candies (ame) in the United States.

v) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for sugarless candies in the United States.

w) Respondent currently does not use Respondent’s BONJOUR Mark in in the ordinary course

of trade for sweets in the United States.

x) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candies for at least three consecutive years in the United States.

y) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy bars for at least three consecutive years in the United States.

z) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy containing alcoholic beverage content and flavor for at least three

consecutive years in the United States.

aa) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy decorations for cakes for at least three consecutive years in the United

States.

bb) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy for food for at least three consecutive years in the United States.

cc) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy mints for at least three consecutive years in the United States.

dd) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy sprinkles for at least three consecutive years in the United States.

18

ee) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy with caramel for at least three consecutive years in the United States.

ff) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for candy with cocoa for at least three consecutive years in the United States.

gg) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for chocolate candies for at least three consecutive years in the United States.

hh) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for chocolates and chocolate based ready to eat candies and snacks for at least three

consecutive years in the United States.

ii) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for confectionery for decorating christmas trees for at least three consecutive years in

the United States.

jj) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for confectionery made of sugar for at least three consecutive years in the United

States.

kk) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for confectionery, namely, pastilles for at least three consecutive years in the United

States.

ll) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for fondants for at least three consecutive years in the United States.

mm) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary

course of trade for frozen confectionery for at least three consecutive years in the United

States.

19

nn) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for fruit jellies for at least three consecutive years in the United States.

oo) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for gummy candies for at least three consecutive years in the United States.

pp) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for peppermint candy for at least three consecutive years in the United States.

qq) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for peppermint for confectionery for at least three consecutive years in the United

States.

rr) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for starch-based candies (ame) for at least three consecutive years in the United States.

ss) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for sugarless candies for at least three consecutive years in the United States.

tt) Respondent has not been using Respondent’s BONJOUR Mark in in the ordinary course of

trade for sweets for at least three consecutive years in the United States.

uu) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candies in the United States.

vv) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy bars in the United States.

ww) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy containing alcoholic beverage content and flavor in the

United States.

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xx) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy decorations for cakes in the United States.

yy) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy for food in the United States.

zz) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for candy mints in the United States.

aaa) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy sprinkles in the United States.

bbb) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy with caramel in the United States.

ccc) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for candy with cocoa in the United States.

ddd) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for chocolate candies in the United States.

eee) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for chocolates and chocolate based ready to eat candies and snacks

in the United States.

fff) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for confectionery for decorating christmas trees in the United States.

ggg) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for confectionery made of sugar in the United States.

hhh) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for confectionery, namely, pastilles in the United States.

21

iii) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for fondants in the United States.

jjj) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for frozen confectionery in the United States.

kkk) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for fruit jellies in the United States.

lll) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the ordinary

course of trade for gummy candies in the United States.

mmm) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for peppermint candy in the United States.

nnn) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for peppermint for confectionery in the United States.

ooo) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for starch-based candies (ame) in the United States.

ppp) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for sugarless candies in the United States.

qqq) Respondent intends not to resume use of Respondent’s BONJOUR Mark in in the

ordinary course of trade for sweets in the United States.

Respectfully submitted,

Date: November 24, 2020

Alexander S. Lazouski

Lazouski IP LLC

22

14726 Bowfin Terrace, Suite 1

Lakewood Ranch, FL 34202

(201) 645-5616

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing Petitioner’s First Set Of Interrogatories And Documents Requests and Admissions Requests has been served on

Respondent’s counsel via jmendez@greensfelder.com, smeyer@greensfelder.com,

ipdocket@greensfelder.com, cap@greensfelder.com.

Date: November 24, 2020

Alexander S. Lazouski

1

Alex Lazouski

От: Alex Lazouski <al@lzlawoffice.com>Отправлено: Tuesday, December 29, 2020 5:07 PMКому: 'Jessica M. Mendez'Копия: 'Susan Meyer'; 'IP Docket'; 'Rochelle R. Randles'; 'Kara E. F. Cenar'Тема: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No.

92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756

URGENT REMINDER Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, December 28, 2020 12:13 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Importance: High Jessica, Your discovery response deadline expired on December 24 and we are yet to receive any response from you. Please provide your responses ASAP. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

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14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Tuesday, November 24, 2020 4:40 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Please find attached updated Discovery Responses. Just to avoid any confusion in regards to the number of requests, the each number below refers to a number of separate interrogatories/requests in each respective numbered paragraph. INTERROGATORY NO. 1: 2

INTERROGATORY NO. 2: 2

INTERROGATORY NO. 3: 2

INTERROGATORY NO. 4: 1

INTERROGATORY NO. 5: 3

INTERROGATORY NO. 6: 3

INTERROGATORY NO. 7: 3

INTERROGATORY NO. 8: 3

INTERROGATORY NO. 9: 2

INTERROGATORY NO. 10: 1

INTERROGATORY NO. 11: 1

INTERROGATORY NO. 12: 1

INTERROGATORY NO. 13: 3

INTERROGATORY NO. 14: 1

INTERROGATORY NO. 15: 4

REQUEST TO PRODUCE 1: 2

REQUEST TO PRODUCE 2: 1

REQUEST TO PRODUCE 3: 1

REQUEST TO PRODUCE 4: 1

REQUEST TO PRODUCE 5: 2

REQUEST TO PRODUCE 6: 1

REQUEST TO PRODUCE 7: 3

3

REQUEST TO PRODUCE 8: 4

REQUEST TO PRODUCE 9: 4

REQUEST TO PRODUCE 10: 1

REQUEST TO PRODUCE 11: 1

REQUEST TO PRODUCE 12: 2

REQUEST TO PRODUCE 13: 2

REQUEST TO PRODUCE 14: 1

REQUEST TO PRODUCE 15: 2

REQUEST TO PRODUCE 16: 1

REQUEST TO PRODUCE 17: 1

REQUEST TO PRODUCE 18: 1

Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 5:59 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, I believe a phone call will help to clear things out. Please advise when you are available this week. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

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14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 5:32 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, These are your discovery requests. You need to tell us your position on every single request. We have already done more than is required by providing an example of what you should be doing. You said Interrogatory No. 1 was only 1 Interrogatory, now you argue its 4. We have no obligation to guess what you meant or what you are asking for in your discovery requests. You are obligated to tell us. Once you tell us what exactly you are requesting and explain your position on the subparts for every single request, we can schedule a time to confer on the objections. As previously indicated, you cannot escalate this dispute to the board until after you provide this information and we confer. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 3:22 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below.

5

I see how in this particular case ‘adoption and use’ may be viewed as different Interrogatories. At the same time, “comprised of” means “includes” or “contains” (see https://www.dictionary.com/browse/comprised), which is identical to “containing of”. Therefore, according to your calculation method, Interrogatory 1 is comprised of (or contains) four separate Interrogatories:

1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

As such, so far total number of Interrogatories is 33, which is still far less than allowed 75. Please advise of the total number of interrogatories you calculated and how the numbers are different in respect to each Interrogatory I listed in my email earlier. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 3:49 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We need you to explain your position regarding the subparts for each request with specificity. When you tell us you are asking 2 or 3 questions in one interrogatory, we need to know what 2 or 3 things you are asking. The TTAB has specific requirements for subparts. Taking the first interrogatory as an example, you indicate in your email below that you count this as 1 interrogatory. The rules state: “If an interrogatory requests information concerning more than one issue, such as information concerning both ‘sales and advertising figures,’ or both ‘adoption and use,’ the Board will count each issue on which information is sought as a separate interrogatory.”

6

Interrogatory No. 1 states:

Identify all Marks that Respondent has used or registered (and/or ever intended to use or register) comprised of or containing “BONJOUR Mark” in connection with Respondent’s Goods.

o In this interrogatory, every disjunctive is a separate issue under the rules. 1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection

with Respondent’s Goods. 5. Identify all marks Respondent has used containing the “BONJOUR Mark” in connection with

Respondent’s Goods. 6. Identify all marks Respondent has registered containing of the “BONJOUR Mark” in connection with

Respondent’s Goods. 7. Identify all marks you ever intended to use containing of the “BONJOUR Mark” in connection with

Respondent’s Goods. 8. Identify all marks you ever intended to register containing the “BONJOUR Mark” in connection with

Respondent’s Goods.

There are differences between use, registration, an intent to use, and an intent to register. Likewise, there are differences between a mark comprised of the identical registered mark compared to marks “containing,” or, in other words, incorporating the BONJOUR mark combined with other elements. Please clarify what you are asking. Once we have that information, we will know whether you intended to ask 8 discrete questions in Interrogatory No. 1 or whether you only meant to ask 1 question as indicated in your email below. If you only meant to ask one discrete question, Interrogatory No. 1 can be revised to narrowly focus on that issue, but we can only have that discussion if you explain your requests. Of course, this is just one example. We need this information for every request. Once we have that information, we can schedule a time to meet and confer. If we cannot resolve the dispute when we confer, we can reach out to the Board to schedule a call to discuss any remaining issues. In response to your comment regarding Requests for Admissions, those requests have completely different rules and are, therefore, irrelevant to our discussion regarding interrogatories and requests for production. See TBMP Section 407.05(d). We look forward to continuing this discussion after you provide additional information specifying what you are asking for in each discovery request. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com

7

From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 12:28 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email, however, simply quoting TMBP sections provided us little, if any, guidelines on how you calculated the total number of discovery requests. As a representative example, below I outlined the counting method for each and every numbered interrogatory: Interrogatory 1 contains 1 Interrogatory. Interrogatory 2 contains 2 Interrogatories. Interrogatory 3 contains 2 Interrogatories. Interrogatory 4 contains 1 Interrogatory. Interrogatory 5 contains 2 Interrogatories. Interrogatory 6 contains 2 Interrogatories. Interrogatory 7 contains 2 Interrogatories. Interrogatory 8 contains 3 Interrogatories. Interrogatory 9 contains 1 Interrogatory. Interrogatory 10 contains 2 Interrogatories. Interrogatory 11 contains 2 Interrogatories. Interrogatory 12 contains 1 Interrogatory. Interrogatory 13 contains 3 Interrogatory. Interrogatory 14 contains 1 Interrogatory. Interrogatory 15 contains 2 Interrogatories. Interrogatory 16 contains 2 Interrogatories. Total number of the interrogatories are 29. Documents requests are calculated using the same method. Since you did not object to the Admissions requests, please advise if you used the same counting method for the Admissions as for interrogatories/Documents requests. Please share your counting method ASAP so we can address this issue or get the Board involved. See Cf. Emilio Pucci International BV v. Sachdev, 118 USPQ2d 1383, 1385, 1387 (TTAB 2016) (parties should discuss their respective counting methods in attempt to resolve dispute over number; under no counting method did the interrogatories at issue exceed 75). Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you.

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From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 12:55 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We relied on TBMP Sections 405 and 406 respectively. These sections provide specific guidance on how the subparts are counted as separate requests. You are required to comply with these rules for counting subparts. Pursuant to the TMBP Section 405.03(e) and Section 406.05(e), if we believe that you failed to comply, then we serve a general objection. In response, you can send us revised requests and we can meet and confer on those revisions. If you believe the objections are not well taken, then you can provide your method for counting the subparts and we can meet and confer on your method. Please note under TMBP Sections 405.03(e) and 406.05(e), you cannot move to compel responses without first setting forth your method for counting the subparts and conferring with us on your counting method. Once you review your discovery requests in light of TBMP Sections 405 and 406, please provide revised discovery requests, or, if you believe you are in compliance, please provide your method for counting the subparts in each discovery request. Once we receive proposed revisions or additional information regarding your counting method, we can schedule a time to meet and confer. We look forward to hearing from you. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 10:25 AM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. Our Discovery Requests contain 16 Interrogatory requests and 20 Documents requests. That is why we were quite surprised to receive your blanket “excessive number” objection. As you know, parties should discuss their respective counting methods in attempt to resolve dispute over number. In order to ascertain your “excessive number” objection, please clarify your counting method for each and every discovery request. Looking forward to hear from you ASAP.

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Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, August 28, 2020 10:18 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Attached please find Registrant’s Objections and Responses to Petitioner’s First Set of Discovery Requests. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Wednesday, July 29, 2020 3:57 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Please find attached Petitioner’s Initial Disclosures and First Set of Discovery Requests. Looking forward to hear from you soon. Please confirm safe receipt of this email.

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Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, June 15, 2020 3:16 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Confirming receipt of your email. We will be in touch to discuss your client’s claim. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 15, 2020 1:36 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 KIND REMINDER Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

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14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 1, 2020 12:34 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. We just received our client’s consent to extend the deadlines but, obviously, it is too late since you filed an Answer. As discussed on the phone last week, we are looking forward to receive settlement proposal. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, May 29, 2020 5:56 PM To: al@lzlawoffice.com Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756

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Dear Mr. Lazouski, Pursuant to TBMP § 113.04, I am serving via email a copy of Registrant International Golden Foods, Inc.'s Answer, which was filed today in Cancellation Proceeding No. 92073993 as indicated in the filing receipt provided below. Please feel free to contact us with any questions or concerns. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com -----Original Message----- From: Estta_autoreply@uspto.gov <Estta_autoreply@uspto.gov> Sent: Friday, May 29, 2020 4:47 PM To: al@lzlawoffice.com; Jessica M. Mendez <jmendez@greensfelder.com>; Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com> Subject: [EXTERNAL] ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 ESTTA Filing Receipt This ESTTA Filing Receipt confirms receipt of your filing associated with the above-identified ESTTA Tracking Number. Your filing may be viewed on TTABVUE at http://ttabvue.uspto.gov/ttabvue/ . If you don't see your filing on TTABVUE a week after you file, or if you received an error message or experienced a technical issue while submitting your filing on ESTTA, please send an email to estta@uspto.gov and provide the ESTTA Tracking Number and the Serial, Registration or Proceeding Number identified above, and a brief description of the error message or technical issue you encountered. For non-technical status or information inquiries, please contact the TTAB Assistance Center at ttabinfo@uspto.gov or 571-272-8500 Monday through Friday from 8:30 a.m. to 5:00 p.m. Eastern Time (ET). ---- Tracking No.: ESTTA1058756 Filing date: 05/29/2020 Proceeding No.: 92073993 Filing Party: Defendant International Golden Foods, Inc. Filing Party's Correspondence Address: INTERNATIONAL GOLDEN FOODS INC 819 INDUSTRIAL DRIVE BENSENVILLE, IL 60106 UNITED STATES info@goldenfood.com

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630-860-5552 Submission: Answer Filer's Name: Jessica M. Mendez Filer's email: jmendez@greensfelder.com, smeyer@greensfelder.com, ipdocket@greensfelder.com Signature: /Jessica M. Mendez/ Date: 05/29/2020 Attachments: DOCSCHI81911 TM_BONJOUR_Answer_to_Cancellation.pdf

CONFIDENTIAL & PRIVILEGED TRANSMISSION The message included with this email and any attached document(s) contains information from the law firm of GREENSFELDER, HEMKER & GALE, P.C. which may be confidential and/or privileged. This information is intended to be for the use of the intended recipient. If you are not the intended recipient, note that any disclosure, photocopying, distribution or use of the contents of this email information is prohibited. If you have received this email in error, please notify us by a reply to this email and promptly delete or destroy the transmission or attachments. Opinions, conclusions and other information in this message that do not relate to the official business of Greensfelder, Hemker & Gale, P.C. shall be understood as neither given nor endorsed by it.

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Alex Lazouski

От: Susan Meyer <smeyer@greensfelder.com>Отправлено: Tuesday, December 29, 2020 6:00 PMКому: 'Alex Lazouski'Копия: IP Docket; Rochelle R. Randles; Kara E. F. Cenar; Susan Meyer; Koplan Nwabuoku;

Christina A. Stemple; Janis Wilson; Alina L. MuresanТема: Federal Lawsuit/Your Discovery Email - RE: [EXTERNAL] RE: ESTTA Filing Receipt:

Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756

Вложения: [EXTERNAL] ESTTA Filing Receipt: Proceeding or Serial or Registration No... (3.50 KB); Int'l Golden Foods v. Konti-Rus 20-cv-7716; TTAB (4.19 MB); Relayed: (1.66 KB); [EXTERNAL] FedEx Shipment 772488167467: Your package has been delivered (55.0 KB)

Dear Mr. Lazouski: As I notified you yesterday, we filed a federal lawsuit against your client alleging willful trademark infringement. We also filed a Motion to Suspend the Cancellation Proceeding in the TTAB pending resolution of the federal lawsuit. I sent that information to you by email yesterday (Outlook delivery receipt attached) and the paper copies were delivered by Federal Express this morning to your office (FedEx Tracking delivery receipt attached). You should have received the ESTTA Filing Receipt from the TTAB. Both the ESTTA Receipt and my email are attached to this email. As I also told you, Jessica Mendez is no longer at our firm. Please direct all further communications to my attention. Very truly yours, Susan Meyer Susan Meyer Attorney at Law Team Leader – Trademark, Copyright, Media, and Advertising Group Greensfelder, Hemker & Gale, P.C. 200 W. Madison St. | Suite 3300 Chicago, IL 60606 Phone: 312-345-5019 | Mobile: 312-966-5141 smeyer@greensfelder.com www.greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: December 29, 2020 16:07 To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 URGENT REMINDER Please confirm safe receipt of this email. Best regards,

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Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, December 28, 2020 12:13 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Importance: High Jessica, Your discovery response deadline expired on December 24 and we are yet to receive any response from you. Please provide your responses ASAP. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Tuesday, November 24, 2020 4:40 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com>

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Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Please find attached updated Discovery Responses. Just to avoid any confusion in regards to the number of requests, the each number below refers to a number of separate interrogatories/requests in each respective numbered paragraph. INTERROGATORY NO. 1: 2

INTERROGATORY NO. 2: 2

INTERROGATORY NO. 3: 2

INTERROGATORY NO. 4: 1

INTERROGATORY NO. 5: 3

INTERROGATORY NO. 6: 3

INTERROGATORY NO. 7: 3

INTERROGATORY NO. 8: 3

INTERROGATORY NO. 9: 2

INTERROGATORY NO. 10: 1

INTERROGATORY NO. 11: 1

INTERROGATORY NO. 12: 1

INTERROGATORY NO. 13: 3

INTERROGATORY NO. 14: 1

INTERROGATORY NO. 15: 4

REQUEST TO PRODUCE 1: 2

REQUEST TO PRODUCE 2: 1

REQUEST TO PRODUCE 3: 1

REQUEST TO PRODUCE 4: 1

REQUEST TO PRODUCE 5: 2

REQUEST TO PRODUCE 6: 1

REQUEST TO PRODUCE 7: 3

REQUEST TO PRODUCE 8: 4

REQUEST TO PRODUCE 9: 4

REQUEST TO PRODUCE 10: 1

REQUEST TO PRODUCE 11: 1

REQUEST TO PRODUCE 12: 2

REQUEST TO PRODUCE 13: 2

REQUEST TO PRODUCE 14: 1

REQUEST TO PRODUCE 15: 2

REQUEST TO PRODUCE 16: 1

REQUEST TO PRODUCE 17: 1

REQUEST TO PRODUCE 18: 1

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Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 5:59 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, I believe a phone call will help to clear things out. Please advise when you are available this week. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 5:32 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles

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<rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, These are your discovery requests. You need to tell us your position on every single request. We have already done more than is required by providing an example of what you should be doing. You said Interrogatory No. 1 was only 1 Interrogatory, now you argue its 4. We have no obligation to guess what you meant or what you are asking for in your discovery requests. You are obligated to tell us. Once you tell us what exactly you are requesting and explain your position on the subparts for every single request, we can schedule a time to confer on the objections. As previously indicated, you cannot escalate this dispute to the board until after you provide this information and we confer. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 3:22 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. I see how in this particular case ‘adoption and use’ may be viewed as different Interrogatories. At the same time, “comprised of” means “includes” or “contains” (see https://www.dictionary.com/browse/comprised), which is identical to “containing of”. Therefore, according to your calculation method, Interrogatory 1 is comprised of (or contains) four separate Interrogatories:

1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

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As such, so far total number of Interrogatories is 33, which is still far less than allowed 75. Please advise of the total number of interrogatories you calculated and how the numbers are different in respect to each Interrogatory I listed in my email earlier. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 3:49 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We need you to explain your position regarding the subparts for each request with specificity. When you tell us you are asking 2 or 3 questions in one interrogatory, we need to know what 2 or 3 things you are asking. The TTAB has specific requirements for subparts. Taking the first interrogatory as an example, you indicate in your email below that you count this as 1 interrogatory. The rules state: “If an interrogatory requests information concerning more than one issue, such as information concerning both ‘sales and advertising figures,’ or both ‘adoption and use,’ the Board will count each issue on which information is sought as a separate interrogatory.” Interrogatory No. 1 states:

Identify all Marks that Respondent has used or registered (and/or ever intended to use or register) comprised of or containing “BONJOUR Mark” in connection with Respondent’s Goods.

o In this interrogatory, every disjunctive is a separate issue under the rules. 1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods. 3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with

Respondent’s Goods.

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4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

5. Identify all marks Respondent has used containing the “BONJOUR Mark” in connection with Respondent’s Goods.

6. Identify all marks Respondent has registered containing of the “BONJOUR Mark” in connection with Respondent’s Goods.

7. Identify all marks you ever intended to use containing of the “BONJOUR Mark” in connection with Respondent’s Goods.

8. Identify all marks you ever intended to register containing the “BONJOUR Mark” in connection with Respondent’s Goods.

There are differences between use, registration, an intent to use, and an intent to register. Likewise, there are differences between a mark comprised of the identical registered mark compared to marks “containing,” or, in other words, incorporating the BONJOUR mark combined with other elements. Please clarify what you are asking. Once we have that information, we will know whether you intended to ask 8 discrete questions in Interrogatory No. 1 or whether you only meant to ask 1 question as indicated in your email below. If you only meant to ask one discrete question, Interrogatory No. 1 can be revised to narrowly focus on that issue, but we can only have that discussion if you explain your requests. Of course, this is just one example. We need this information for every request. Once we have that information, we can schedule a time to meet and confer. If we cannot resolve the dispute when we confer, we can reach out to the Board to schedule a call to discuss any remaining issues. In response to your comment regarding Requests for Admissions, those requests have completely different rules and are, therefore, irrelevant to our discussion regarding interrogatories and requests for production. See TBMP Section 407.05(d). We look forward to continuing this discussion after you provide additional information specifying what you are asking for in each discovery request. When we confer, you should also be prepared to address our correspondence dated July 30, 2020. We requested a response no later than August 7, 2020, but we have not received a response. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 12:28 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email, however, simply quoting TMBP sections provided us little, if any, guidelines on how you calculated the total number of discovery requests. As a representative example, below I outlined the counting method for each and every numbered interrogatory:

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Interrogatory 1 contains 1 Interrogatory. Interrogatory 2 contains 2 Interrogatories. Interrogatory 3 contains 2 Interrogatories. Interrogatory 4 contains 1 Interrogatory. Interrogatory 5 contains 2 Interrogatories. Interrogatory 6 contains 2 Interrogatories. Interrogatory 7 contains 2 Interrogatories. Interrogatory 8 contains 3 Interrogatories. Interrogatory 9 contains 1 Interrogatory. Interrogatory 10 contains 2 Interrogatories. Interrogatory 11 contains 2 Interrogatories. Interrogatory 12 contains 1 Interrogatory. Interrogatory 13 contains 3 Interrogatory. Interrogatory 14 contains 1 Interrogatory. Interrogatory 15 contains 2 Interrogatories. Interrogatory 16 contains 2 Interrogatories. Total number of the interrogatories are 29. Documents requests are calculated using the same method. Since you did not object to the Admissions requests, please advise if you used the same counting method for the Admissions as for interrogatories/Documents requests. Please share your counting method ASAP so we can address this issue or get the Board involved. See Cf. Emilio Pucci International BV v. Sachdev, 118 USPQ2d 1383, 1385, 1387 (TTAB 2016) (parties should discuss their respective counting methods in attempt to resolve dispute over number; under no counting method did the interrogatories at issue exceed 75). Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, August 31, 2020 12:55 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, We relied on TBMP Sections 405 and 406 respectively. These sections provide specific guidance on how the subparts are counted as separate requests.

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You are required to comply with these rules for counting subparts. Pursuant to the TMBP Section 405.03(e) and Section 406.05(e), if we believe that you failed to comply, then we serve a general objection. In response, you can send us revised requests and we can meet and confer on those revisions. If you believe the objections are not well taken, then you can provide your method for counting the subparts and we can meet and confer on your method. Please note under TMBP Sections 405.03(e) and 406.05(e), you cannot move to compel responses without first setting forth your method for counting the subparts and conferring with us on your counting method. Once you review your discovery requests in light of TBMP Sections 405 and 406, please provide revised discovery requests, or, if you believe you are in compliance, please provide your method for counting the subparts in each discovery request. Once we receive proposed revisions or additional information regarding your counting method, we can schedule a time to meet and confer. We look forward to hearing from you. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, August 31, 2020 10:25 AM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. Our Discovery Requests contain 16 Interrogatory requests and 20 Documents requests. That is why we were quite surprised to receive your blanket “excessive number” objection. As you know, parties should discuss their respective counting methods in attempt to resolve dispute over number. In order to ascertain your “excessive number” objection, please clarify your counting method for each and every discovery request. Looking forward to hear from you ASAP. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida.

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CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, August 28, 2020 10:18 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Attached please find Registrant’s Objections and Responses to Petitioner’s First Set of Discovery Requests. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Wednesday, July 29, 2020 3:57 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Please find attached Petitioner’s Initial Disclosures and First Set of Discovery Requests. Looking forward to hear from you soon. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are

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intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Monday, June 15, 2020 3:16 PM To: 'Alex Lazouski' <al@lzlawoffice.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Alex, Confirming receipt of your email. We will be in touch to discuss your client’s claim. Thank you, Jessica Jessica M. Mendez Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 15, 2020 1:36 PM To: Jessica M. Mendez <jmendez@greensfelder.com> Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: [EXTERNAL] RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 KIND REMINDER Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you.

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From: Alex Lazouski <al@lzlawoffice.com> Sent: Monday, June 1, 2020 12:34 PM To: 'Jessica M. Mendez' <jmendez@greensfelder.com> Cc: 'Susan Meyer' <smeyer@greensfelder.com>; 'IP Docket' <IPDocket@greensfelder.com>; 'Rochelle R. Randles' <rrandles@greensfelder.com>; 'Kara E. F. Cenar' <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Jessica, Thank you for your email below. We just received our client’s consent to extend the deadlines but, obviously, it is too late since you filed an Answer. As discussed on the phone last week, we are looking forward to receive settlement proposal. Please confirm safe receipt of this email. Best regards, Alex Alex Lazouski, Esq. *

14726 Bowfin Ter., Suite 1, Lakewood Ranch, FL 34202 Phone: +1 (201) 645-5616, Skype: lzlawoffice Email: al@lzlawoffice.com, Website: www.lzlawoffice.com * Licensed to practice law in the state of New York. Not admitted in Florida. CONFIDENTIAL AND PRIVILEGED INFORMATION IMPORTANT: The enclosed message and any attachments are intended for the addressee only and are privileged and confidential. If you are not the addressee, then please DO NOT read, copy or distribute the message or any attachment. Please reply to the sender that you received the message in error and delete it. Thank you. From: Jessica M. Mendez <jmendez@greensfelder.com> Sent: Friday, May 29, 2020 5:56 PM To: al@lzlawoffice.com Cc: Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com>; Rochelle R. Randles <rrandles@greensfelder.com>; Kara E. F. Cenar <kcenar@greensfelder.com> Subject: RE: ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 Dear Mr. Lazouski, Pursuant to TBMP § 113.04, I am serving via email a copy of Registrant International Golden Foods, Inc.'s Answer, which was filed today in Cancellation Proceeding No. 92073993 as indicated in the filing receipt provided below. Please feel free to contact us with any questions or concerns. Thank you, Jessica Jessica M. Mendez

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Intellectual Property Attorney Greensfelder, Hemker & Gale, P.C. 314-335-6854 | jmendez@greensfelder.com -----Original Message----- From: Estta_autoreply@uspto.gov <Estta_autoreply@uspto.gov> Sent: Friday, May 29, 2020 4:47 PM To: al@lzlawoffice.com; Jessica M. Mendez <jmendez@greensfelder.com>; Susan Meyer <smeyer@greensfelder.com>; IP Docket <IPDocket@greensfelder.com> Subject: [EXTERNAL] ESTTA Filing Receipt: Proceeding or Serial or Registration No. 92073993 Answer Filing Receipt for ESTTA Tracking No: ESTTA1058756 ESTTA Filing Receipt This ESTTA Filing Receipt confirms receipt of your filing associated with the above-identified ESTTA Tracking Number. Your filing may be viewed on TTABVUE at http://ttabvue.uspto.gov/ttabvue/ . If you don't see your filing on TTABVUE a week after you file, or if you received an error message or experienced a technical issue while submitting your filing on ESTTA, please send an email to estta@uspto.gov and provide the ESTTA Tracking Number and the Serial, Registration or Proceeding Number identified above, and a brief description of the error message or technical issue you encountered. For non-technical status or information inquiries, please contact the TTAB Assistance Center at ttabinfo@uspto.gov or 571-272-8500 Monday through Friday from 8:30 a.m. to 5:00 p.m. Eastern Time (ET). ---- Tracking No.: ESTTA1058756 Filing date: 05/29/2020 Proceeding No.: 92073993 Filing Party: Defendant International Golden Foods, Inc. Filing Party's Correspondence Address: INTERNATIONAL GOLDEN FOODS INC 819 INDUSTRIAL DRIVE BENSENVILLE, IL 60106 UNITED STATES info@goldenfood.com 630-860-5552 Submission: Answer Filer's Name: Jessica M. Mendez Filer's email: jmendez@greensfelder.com, smeyer@greensfelder.com, ipdocket@greensfelder.com Signature: /Jessica M. Mendez/ Date: 05/29/2020

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Attachments: DOCSCHI81911 TM_BONJOUR_Answer_to_Cancellation.pdf

CONFIDENTIAL & PRIVILEGED TRANSMISSION The message included with this email and any attached document(s) contains information from the law firm of GREENSFELDER, HEMKER & GALE, P.C. which may be confidential and/or privileged. This information is intended to be for the use of the intended recipient. If you are not the intended recipient, note that any disclosure, photocopying, distribution or use of the contents of this email information is prohibited. If you have received this email in error, please notify us by a reply to this email and promptly delete or destroy the transmission or attachments. Opinions, conclusions and other information in this message that do not relate to the official business of Greensfelder, Hemker & Gale, P.C. shall be understood as neither given nor endorsed by it.

91889.2

December 28, 2020

VIA EMAIL (al@lzlawoffice.com) and Federal Express

Alexander Lazouski

Lazouski IP LLC

14726 Bowfin Ter. Suite 1

Lakewood Ranch, FL 34202

al@lzlawoffice.com

Re: International Golden Foods, Inc. v. Konti-Rus Joint Stock Company (Case No: 20-

CV-7716) Waiver of Service.

Dear Mr. Lazouski:

On Wednesday, December 23, 2020, we filed the attached Complaint against your client,

Konti-Rus Joint Stock Company in the United States District Court for the Northern District of

Illinois. In addition, today we filed the attached Motion to immediately suspend the Cancellation

proceeding at the Trademark Trial and Appeal Board. Accordingly, we will not be responding to

your discovery requests in the Cancellation proceeding. For the record, the USPTO was closed on

December 24, 2020, making today the deadline for response.

You will also find enclosed two copies of the Rule 4 Waiver of Service of Summons from the

District Court pursuant to your duty to avoid unnecessary expense in service. We have enclosed a

stamped envelope to return the form. You must return the signed waiver within 75 days from today,

December 28, 2020. We will file the waiver with the Court upon receipt. Your client’s failure to

waive service will result in all costs and attorneys fees to collect same being charged to your client.

I reiterate our demand that your client immediately cease using the mark BONJOUR in the

United States. Finally, I am assuming full responsibility for this matter so kindly direct all further

communications to me.

Very truly yours,

GREENSFELDER, HEMKER & GALE, P.C.

Susan Meyer

SM:okn

Enclosure

Greensfelder, Hemker & Gale, P.C. 10 South Broadway, Ste. 2000 St. Louis, MO 63102 T: 314-241-9090 F: 314-241-8624 www.greensfelder.com

Belleville Office: 12 Wolf Creek Dr., Ste. 100 Belleville, IL 62226 T: 618-257-7308 Chicago Office: 200 West Madison St., Ste. 3300 Chicago, IL 60606 T: 312-419-9090

1

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

«Konti-Rus» Joint Stock Company

Petitioner,

Cancellation No.: 92073993

v. Reg. No.: 3853592

Mark: BONJOUR

International Golden Foods, Inc.,

Respondent.

______________________________________/

PETITIONER’S REPLY TO RESPONDENT’S MOTION TO SUSPEND AND PETITIONER’S MOTION TO COMPEL INTERROGATORIES RESPONSES AND

DOCUMENTS PRODUCTION

Pursuant to Rules 26 and 37 of the Federal Rules of Civil Procedure and Rule 2.120 of the

Trademark Rules of Practice, Petitioner respectfully moves the Board to reject Respondent’s

Motion to Suspend filed on December 28, 2020 (Docket #5) and for an order compelling

Respondent to respond to Petitioner’s Updated First Set of Interrogatories and Document Requests.

Petitioner has made a good faith effort to resolve with the attorneys for Respondent the issues

presented in this Motion and has been unable to reach agreement.

I. BACKGROUND

Petitioner propounded its First Set of Interrogatories and Document Requests ("Discovery

Requests") on July 29, 2019. Exhibit ("Exh.") 1. Pursuant to Fed. R. Civ. P. 34(b) and Section

403.03 of the Trademark Trial and Appeal Board's Manual of Procedure ("TBMP"), Respondent’s

responses to Petitioner's Discovery Responses were due on or before August 28, 2020. On August

2

28, 2020, Respondent objected to Discovery Requests alleging that Interrogatory requests (total

number 16) and Requests to Produce Documents And Things (total number 20) exceed seventy-

five, counting subpart. Exhibit ("Exh.") 2. Petitioner’s legal counsel Alex Lazouski (“Lazouski”)

sent a number of emails to Respondent’s legal counsel Jessica Mendez (“Mendez”) trying to resolve

the issue including providing a method for counting the subparts (Exh. 3). For example,

Interrogatory 1 states:

Identify all Marks that Respondent has used or registered (and/or ever intended to use or

register) comprised of or containing “BONJOUR Mark” in connection with Respondent’s Goods.

In her objection, Mendez calculated 8 different Interrogatories (see p. 3 of Exh 3). Lazouski

responded that according to Mendez’s calculation method Interrogatory 1 is contains four separate

Interrogatories:

1. Identify all marks Respondent has used comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

2. Identify all marks Respondent has registered comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

3. Identify all marks you ever intended to use comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

4. Identify all marks you ever intended to register comprised of the “BONJOUR Mark” in connection with Respondent’s Goods.

so the total number of Interrogatories to 33, which is still far less than allowed 75. (See p 2

of Exh 3). Finally, on August 31, 2019 Lazouski offered Mendez to set us a phone call to clarify

any misunderstanding in order to move forward with the Discovery (See p 2 of Exh 3). Mendez has

not responded.

As a good faith effort to participate in the Discovery, on November 24, 2020 Lazouski sent

updated Discovery Requests with a method for counting the subparts (Exh 4). Respondent’s

3

responses to Petitioner's Updated Discovery Responses were due on or before December 24, 2020.

Discovery period was supposed to be closed on December 26, 2020.

Lazouski did not receive Respondent’s Responses to Petitioner's Updated Discovery

Requests and sent one reminder to Mendez on December 28 and one on December 29, 2020 (Exh.

5).

On December 28, 2020 Respondent filed a Motion To Suspend Cancellation Proceeding

Pending Disposition Of District Court Action (“Motion To Suspend”) (Docket #5) and a Noticed of

Appearance appointing new legal representative Susan Meyer (“Meyer”) (Docket #6,7). Motion To

Suspend was not properly served to Petitioner’s email on record and Lazouski learned about the

Motion To Suspend and Noticed of Appearance until December 29, 2020 when Meyer sent an

email to Lazouski’s correct email address (Exh 6) stating that Respondent “will not be responding

to your discovery requests in the Cancellation proceeding.” (See Exh 7).

Petitioner Has Made a Good Faith Effort to Work With Respondent

The Board expects parties (and their attorneys or other authorized representatives) to

cooperate with one another in the discovery process, and looks with extreme disfavor on those who

do not. See TBMP §408.01, also see Panda Travel Inc. v Resort Option Enterprises, Inc., 94

USPQ2d 1789, 1791 (TTAB 2009) ("Each party has a duty to make a good faith effort to satisfy the

reasonable and appropriate discovery needs of its adversary."); See also Hot Tamale Mama…and

More, LLC v. SF Investments, Inc., 110 USPQ2d 1080, 1081 n.1 (TTAB 2014) (simply ignoring

deadlines to serve discovery responses or seek an extension of time to do so is inconsistent with the

Board’s expectation that the parties and their attorneys cooperate in the discovery process).

4

Each party and its attorney or other authorized representative has a duty not only to make a

good faith effort to satisfy the discovery needs of its adversary, but also to make a good faith effort

to seek only such discovery as is proper and relevant to the issues in the case. Discovery before the

Board is not governed by the concept of priority of discovery – that is, a party is not relieved of its

discovery obligations, including its duty to cooperate, in spite of the fact that an adverse party

wrongfully may have failed to fulfill its own obligations. Miss America Pageant v. Petite

Productions, Inc., 17 USPQ2d 1067, 1070 (TTAB 1990) (citing Fed. R. Civ. P. 26(d)) and Giant

Food, Inc. v. Standard Terry Mills, Inc., 231 USPQ 626 (TTAB 1986)).

In accordance with Trademark Rule 2.120(e), Petitioner submits that it has made a good

faith effort to resolve with Respondent the issues presented in the motion including exchanging a

number of correspondences with Respondent’s attorneys, providing a method of calculating

Discovery Requests, even serving updated Discovery Requests. In response, Respondent bluntly

stated that it will not be responding to the Discovery Requests on the next day after Discovery

period closes.

Petitioner has been left with no remedy for Respondent’s steadfast refusal to cooperate in legitimate

discovery but to seek the Board's intervention. Accordingly, Petitioner respectfully requests that the

Board order Respondent to fully respond to Respondent’s Updated First Set of Interrogatories and

First Requests for the Production of Documents within thirty days from the mailing date of the

Board’s order on this motion.

Respondent’s Motion To Suspend Should Not Be Granted

Suspension of a Board proceeding pending the final determination of another proceeding is

solely within the discretion of the Board; the court in which a civil action is pending has no power

5

to suspend proceedings in a case before the Board, nor do parties or their attorneys. See TBMP

§510.02(2).

Petitioner acknowledges that unless there are “unusual circumstances”, the Board usually

suspend proceedings in the case before it if the final determination of the other proceeding may

have a bearing on the issues before the Board. Id. Respondent believes this case falls under

“unusual circumstances”, according to Tigercat International, Inc. v. Caterpillar, Inc., 127 USPQ2d

1132 (D. Del. 2018, wherein district court granted motion to stay its action in lieu of pending Board

proceeding finding it to be a case of "tactical gamesmanship" because party filed district court

action only ten days before the close of discovery. Evidence on record clearly demonstrates that

Respondent failed in good faith to cooperate in legitimate discovery claiming number of interrogatories

exceeds 75; then ultimately stonewalling Petitioner’s efforts to resolving this issue; and finally filing a

district court action on same day when the Discovery Requests are due while informing Petitioner

about it on the next day after Discovery period closed.

This is to remind the Board that the Cancellation proceeding was filed alleging

abandonment of Respondent’s mark. Such Respondent’s behavior is suspicious at least, but also

clearly shows “tactical gamesmanship” on behalf of Respondent. Despite multiple requests to

present a single piece of evidence of use of its mark, Respondent went to great lengths of avoiding

presenting such evidence by raising multiple questionable objections, running out the clock on

Discovery and filing a district court action (which, not only potentially suspends cancellation

proceedings for years, would also impose undue financial burden on Petitioner, being a foreign

entity).

As such, Petitioner pleads to reject Respondent’s Motion To Suspend and order Respondent

to respond to Petitioner’s Updated Discovery Requests.

6

Respectfully submitted,

Date: January 19, 2021 By: /alazouski/

_____________________

Alexander S. Lazouski

Attorney for Petitioner

Lazouski IP LLC

14726 Bowfin Terrace, Suite 1

Lakewood Ranch, FL 34202 USA

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of the foregoing has been served on

Respondent’s counsel by emailing said copy on January 19, 2021 to smeyer@greensfelder.com,

knwabuoku@greensfelder.com.

By: /alazouski/

Alexander S. Lazouski