Direct Digital, LLC vs. DXM Pharmaceutical, Inc. – Trademark Opposition TTAB Proceeding 91278104

This Opposition was filed at the USPTO Trademark Trial and Appeal Board (TTAB) on August 22, 2022 and assigned serial number 91278104 by the TTAB.

Plaintiff:
Direct Digital, LLC represented by REBECCA LIEBOWITZ of VENABLE LLP.
Trademark Information: INSTAFLEX – US Trademark Serial Number 87747078
View Trademark Status at USPTO
View Trademark Documents at USPTO

Defendant:
DXM Pharmaceutical, Inc. represented by KEITH B. WILLHELM of KEITH B. WILLHELM ATTORNEY AT LAW PLLC.
Trademark Information: INSTARELIEF – US Trademark Serial Number 90323477
View Trademark Status at USPTO
View Trademark Documents at USPTO

Prosecution History:
August 22, 2022 – FILED AND FEE
August 22, 2022 – NOTICE AND TRIAL DATES SENT; ANSWER DUE:
August 22, 2022 – INSTITUTED
September 30, 2022 – ANSWER
October 12, 2022 – MOT TO AMEND ANS OR COUNTERCLAIM/AMENDED ANS OR COUNTERCLAIM
October 27, 2022 – P MOT FOR EXT W/ CONSENT
October 27, 2022 – EXTENSION OF TIME GRANTED
October 28, 2022 – PAPER RECEIVED AT TTAB
November 28, 2022 – P MOT FOR EXT W/ CONSENT
December 28, 2022 – P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
January 04, 2023 – CONSOLIDATED – PARENT OF 91278105 PROCEEDINGS RESUMED
January 27, 2023 – P MOT TO SUSP W/ CONSENT PEND SETTL NEGOTIATIONS
January 27, 2023 – SUSPENDED
March 02, 2023 – W/DRAW OF OPPOSITION
March 08, 2023 – BD DECISION: OPP DISMISSED W/ PREJ
March 08, 2023 – TERMINATED
View this TTAB Proceeding at USPTO

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