The flag company, INC. V. STEVEN CHAN, LLC, a California Limited Liability Company. Plaintiffs counsel replied by email and is at the bottom of Exhibit A. Defendant Steven CHAN has 14 days to respond to the motion for summary judgment.
The flag company, INC. V. STEVEN CHAN, LLC, a California Limited Liability Company. Plaintiffs counsel replied by email and is at the bottom of Exhibit A. Defendant Steven CHAN has 14 days to respond to the motion for summary judgment.
The flag company, INC. V. STEVEN CHAN, LLC, a California Limited Liability Company. Plaintiffs counsel replied by email and is at the bottom of Exhibit A. Defendant Steven CHAN has 14 days to respond to the motion for summary judgment.
The flag company, INC. V. STEVEN CHAN, LLC, a California Limited Liability Company. Plaintiffs counsel replied by email and is at the bottom of Exhibit A. Defendant Steven CHAN has 14 days to respond to the motion for summary judgment.
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IN THE UNITED STATES DISTRICT COURT
1 NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION 2
4 THE FLAG COMPANY, INC. a
5 Georgia Corporation, 6 Plaintiff, CIVIL ACTION NO: 7 v. 1:09-CV -1880 8 STEVEN A CHAN, LLC (d/b/a FIVE EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE 9 STAR FLAGS and/or VIA5), a MOTION FOR SUMMARY JUDGEMENT 10 California Limited Liability Company, 11 and STEVEN A. CHAN, a California 12 resident, 13 Defendant 14
15 EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE
16 MOTION FOR SUMMARY JUDGEMENT 17 I hereby certify that I have conferred about the issues involved in the foregoing 18 Motion with Plaintiffs counsel in a good faith effort to resolve them, but that this 19 effort is unsuccessful. 20
21 Please grant our reasonable request to allow Defendant Steven A Chan to reply 22 to that Motion for Summary Judgment filed with the clerk of this Courthouse on 23 May 28, 2010, in the above captioned case; based on the grounds outlined in letter 24
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EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE MOTION
FOR SUMMARY JUDGEMENT I Page 1of2 1 to Plaintiffs counsel attached as Exhibit A. Plaintiffs counsel replied by email and 2 is at the bottom of Exhibit A. 3
4 Dated the 11th of June, 2010
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7 /steven A CYan American Flag Manufacturer 8 720 Center Street 9 Costa Mesa, CA 92627 10 949-650-6698 11 2viavr@gmail.com 12
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EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE MOTION
FOR SUMMARY JUDGEMENT I Page 2 of2 1 Exhibit A
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26 Flagco V Chan 2 messages
Steve C <2viavr@gmail.com> Thu, Jun 10,2010 at 1:50 PM
To: "Barr, Tucker" <Tucker.Barr@agg.com>, "Sims, Tammy" <tammy.sims@agg.com> Mr. Tucker Barr:
This is to meet and confer with you. I would like to' ask if you would agree by stipulation to continue the filing deadline for my opposition to your summary judgment motion. The present filing deadline is one week from today. I would like to extend that date by two weeks - 14 days. I have not called your office about this as you have ceased communication, and stated in your e-mail you were reserving all communications to be in writing since last month.
I am not as proficient as you are in writing briefs. This stuff is new to me. I need a little more time than an experienced lawyer such as yourself.
Please contact me at your earliest. Thank you and I look forward to our conversation.
This request is made on the following grounds:
a) I am representing myself not by choice b) I just completed responding to your motion to compel more documents after producing for you access to 6,003,000 pages of documents you requested in your original Request for Production of Document c) At the top of the stack (4th pg. from the top) of these pages is a pdffile of the archives of the Memphis newspaper, the Memphis Germantown Appeal. Please see Exhibit 1003, Product Request Delivery #1, attachment. This article states Crye-Leike Realtors started the tradition of farming with flags in the Memphis area in 1978 d) This article, and the inches-thick stack of newspaper archives define 10 years of real estate professionals' use of the American flag pre-dating your client's commercial use of the term at issue. e) These documents define another five years of real estate professionals farming with flags prior to your client's registration in 1994. f) Next in line in the 3000 page portion of the documents we produced as per
EXHIBIT A Page 1of3 your request, are numerous trade publication archives from those same periods (National Association ofREALTORS and state-level associations of REAL TORS trade magazines, print & online archives) , defining the business practices of residential real estate sales professionals, especially as to 'farms' and 'farming' g) Next in the stack, are several learned treatise, that define scholarly concepts as to a) intellectual commons & intellectual property rights, and public domains, b) analysis of the residential real estate brokerage industry (from the Journal of Real Estate Research, and numerous other journals that come from universities) h) And finally, you were provided with additional copies from circa early 1980's real estate industry dictionaries that define farms and farming meanings as to the relevant public. i) I have no electronic access to what are the bread-and-butter tools your industry uses for research and preparation. Our prior university library access is no longer available.
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A glance at the Exhibits provided to you will reveal document date stamps from early December 2009. All the newspaper archive information was obtained using a borrowed university library id that allowed us access to student versions of lexis-nexis, dow-jones factiva, and other news-research services. The learned treatises also came from this electronic access. However, these are the student versions. They are not the professional versions such as the Westlaw or Lexis- Nexis access your firm has access to. Likewise, we also have no search to the cut-and-paste capabilities of these operations that serve your industry.
Suits for trademark infringement demand a "comprehensive analysis of all the
relevant facts and circumstances." See Vitarroz Corp. v. Borden, Inc., 644 F.2d 960, 968-69 (2d Cir.1981). Razor-thin judgment calls are indigenous to the law of trademark: protection. Thompson Medical Co., Inc. v. Pfizer Inc., 753 F. 2d 208 - Court of Appeals, 2nd Circuit 1985
Since you have filed the Motion for Summary Judgment, I can only assume the mountain of facts we have provided thus far, are not enough reasonable doubt as to the generic nature of the term 'farming flag'. Thus you are moving the
EXHIBIT A Page 2 of3 court for final judgment in the manner, without benefit of a jury trial.
I respectfully request the extension based on the grounds above, and the notion of fair play.
Thank you
Steve Chan American Flag Manufacturer
Fri, Jun 11,2010 at 6:38
Barr, Tucker <Tucker.Barr@agg.com> AM To: Steve C <2viavr@gmail.com> Steve:
I will get back to you on the extension shortly, probably by early next week.
Thanks,
Tucker
J. Tucker Barr Attorney at Law
phone 404.873.8624 fax 404.873.8625
tucker.barr@agg.com www.agg.com
171 17th Street NW
Suite 2100 Atlanta, GA 30363
EXHIBIT A Page 3 of3 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA 2 ATLANTA DIVISION 3 THE FLAG COMPANY, INC. a ) 4 Georgia Corporation, ) Plaintiff, ) 5 ) CIVIL ACTION FILE NO. 6 vs. ) ) 1:09-CV -1880 7 STEVEN A CHAN, LLC (d/b/a FIVE ) 8 STAR FLAGS and/or VIAS), a ) PROOF OF SERVICE California Limited Liability Company, ) 9 And STEVEN A. CHAN, a California ) 10 resident ) Defendant ) 11 ---------------------------) 12 PROOF OF SERVICE 13 I am employed in the County of Orange, State of California. I am over the 14 age of eighteen; my business address 720 Center St, Costa Mesa, CA. On June 6, 15 2010, I served the forgoing documents described as: 16 EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE MOTION 17 FORS~YJUDGEMENT 18 on the interested parties in the action by placing true and correct copies thereof 19 enclosed in a sealed envelope addressed as follows: 20 J. Tucker Barr 21 Arnold Golden Gregory LLP 22 171 1th Street, N.W., Suite 2100 Atlanta, GA 30363 -1031 23 Tel: (404) 873-8500 24 Fax: (404) 873-8501 Emai1: Tucker.barr@agg.com 25
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PROOF OF SERVICE Page 1of2 1
2 I deposited such envelope in the post office in Orange County, CA. The envelope was mailed with postage thereon fully prepaid. 3
I declare under penalty of Perjury under the laws of the State of California 4 that foregoing is true and correct. 5
6 Dated the 11th of June, 2010
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8 Steven A Chan 9 American Flag Manufa rer 10 720 Center Street 11 Costa Mesa, CA 92627 12 949-650-6698 13 2viavr@gmail.com 14
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PROOF OF SERVICE Page 2 of2 1 CERTIFICATE OF COMPLIANCE 2 Pursuant to Civil Local Rule 7.1D, this is to certify that the foregoing Ex 3 Parte Motion to Extend Time to Respond to the Motion for Summary Judgment 4 complies with the font and point selections approved by the Court in Civil Local 5 Rule 5.1C. The foregoing Motion was prepared on computer using New Times 6 Roman font (14 point).
7 Dated the 11thof June, 2010 8
10 Steven A Chan 11 American Flag Manufacturer 12 720 Center Street 13 Costa Mesa, CA 92627
Affirmation in Support of Plaintiff's Motion To Compel Defendant To Serve Response To Plaintiff's Document Demand and To Produce Responsive Documents and Affirmation of Good Faith Pursuant To S 202.7
Affirmation in Support of Plaintiff's Motion To Compel Defendant To Serve Response To Plaintiff's Document Demand and To Produce Responsive Documents and Affirmation of Good Faith Pursuant To S 202.7
