Contract analysis

I. INTRODUCTION AND PURPOSE OF THE NOTICE Plaintiff Verimark Hospitality Group Inc. ("VHG"), by and through its undersigned counsel, Calderwood & Harkness LLP, respectfully files this Notice of Related Proceeding to inform the Court of a pending administrative proceeding before the Trademark Trial and Appeal Board ("TTAB") of the United States Patent and Trademark Office ("USPTO") involving the same parties and subst

II. IDENTIFICATION OF THE RELATED TTAB PROCEEDING The related administrative proceeding is identified as follows: Proceeding Number: Opposition No. 91/287,456 Tribunal: Trademark Trial and Appeal Board, United States Patent and Trademark Office, Alexandria, Virginia Caption: Verimark Hospitality Group Inc. v. Coral Verimark Resorts LLC Date Filed: December 3, 2024 Opposer: Verimark Hospitality Group Inc. ("VHG"), the

III. GROUNDS FOR THE TTAB OPPOSITION In its Notice of Opposition filed on December 3, 2024, VHG asserted that registration of the mark "VERIMARK RESORTS" in International Class 043 on behalf of CVR would cause a likelihood of confusion with VHG's prior federally registered marks and would damage VHG within the meaning of Section 13 of the Lanham Act, 15 U.S.C. § 1063. Specifically, VHG relied upon the following prior

1. United States Registration No. 3,742,618 — "VERIMARK" (standard character word mark), registered on March 17, 2009, on the Principal Register of the USPTO, in International Class 043, covering hotel and resort services, hotel management services, and provision of temporary accommodation. VHG has claimed a date of first use in commerce of September 3, 2007. This registration is live, subsisting, and has been mainta

2. United States Registration No. 4,105,233 — "VERIMARK HOSPITALITY" (standard character word mark), registered on January 10, 2012, on the Principal Register of the USPTO, in International Class 043, covering hotel and resort services, hospitality management services, and provision of food and beverage services in connection with hotel and resort operations.

3. United States Registration No. 5,489,701 — VERIMARK "V" Design Mark (stylized design mark featuring a distinctive "V" monogram with the word "VERIMARK" beneath), registered on May 22, 2018, on the Principal Register of the USPTO, in International Class 043, covering hotel and resort services, hotel management, and provision of temporary lodging. The TTAB opposition alleges, among other things, that CVR's applied-f

IV. CURRENT STATUS OF THE TTAB PROCEEDING Following the institution of Opposition No. 91/287,456, the TTAB issued a standard scheduling order establishing deadlines for the discovery and trial periods. The proceeding entered its discovery phase in accordance with the TTAB's scheduling order, and initial disclosures were exchanged between the parties. During the discovery period, and in anticipation of VHG's filing of

V. OVERLAPPING ISSUES BETWEEN THE DISTRICT COURT ACTION AND THE TTAB PROCEEDING VHG brings the related TTAB proceeding to the Court's attention because the instant district court action and the TTAB opposition involve the same parties and substantially overlapping — indeed, largely coextensive — issues of fact and law. The principal areas of overlap are set forth below. A. Identity of the Parties. Both proceedings in

VI. REQUEST FOR COORDINATION VHG respectfully requests that the Court take notice of the related TTAB proceeding, Opposition No. 91/287,456, for purposes of case management and coordination. Specifically, VHG requests that the Court consider the existence of the pending (but suspended) TTAB proceeding in scheduling and managing this action, including with respect to the pace of discovery, any interim relief, and the

VII. CONCLUSION For the reasons set forth above, Plaintiff Verimark Hospitality Group Inc. respectfully submits this Notice of Related Proceeding for the Court's information. VHG requests that the Court consider the existence and current suspended status of Opposition No. 91/287,456 before the Trademark Trial and Appeal Board in managing this case, and VHG stands ready to provide the Court with any additional informa