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EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE MOT ION
FOR SUMMARY JUDGEMENT I Page 1 of2
IN THE UNITED S TATES DISTR ICT COURTNORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION2
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4 THE FLAG COMPAN Y, I NC . a
5 Geo rgia Corporation,
CIVIL ACTION NO:1:09-CV -1880
EX PARTE MOTION TO EXTENDTIME TO RESPOND TO THEMOTION FOR SUMMAR Y
JUDGE MEN T
6 Plaintiff ,
7 v.
8 STEVEN A CHAN, LLC (d/b/a FIVE
9 STAR F LAGS and/or V IA5), a
10 California L imit ed Li abi lity Compan y,1 1 and STEVEN A. CHAN , a California
12 resident ,
13 Defendant
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1 5 EX PARTE MOTION TO EXTEND T I ME TO RESPOND TO THE
1 6 MOT I ON FOR SUMMARY J UDGEMENT
17 I hereby certify that I have con ferred about the i ssue s involved in the foregoing
18 Motion with Plaintiffs counsel in a good faith effort to resolve them , but that this
19 effort is unsuccessful .
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2 1 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; ba sed on the grounds outlined in letter
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1 to Plaintiffs counsel attached as Exhibit A. Plaintiffs counsel replied by email and
2 is a t the bottom o f Exhibi t A.
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4 Dated the 11 th of June, 20 10
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/steven A C Yan
American Flag Manufacturer
720 Center Street
Costa Mesa , CA 92627
949-650-6698
2viav [email protected]
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FOR SUMMARY JUDGEMENT I Page 2 of2
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Exhibit A
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Flagco V Chan2 messages
Steve C Thu, Jun 10,2010 at 1:50 PMTo: "Barr, Tucker" , "Sims, Tammy"
Mr. Tucker Barr :
Thi s is to meet and confer with you. I would like to ' ask if you would agree bystipulation to continue the filing deadline for my opposition to your summaryjudgment motion. The present filing deadline is one week from today. I wouldlike to extend that date by two weeks - 14 days. I have not called your officeabout this as you have ceased communication, and stated in your e-mail youwere 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. Ineed a little more time than an experienced lawyer such as yourself.
Please contact me at your earliest . Thank you and I look forward to ourconversation.
This request is made on the following grounds:a) I am representing myself not by choiceb) I just completed responding to your motion to compel more documents afterproducing for you access to 6,003,000 pages of documents you requested inyour original Request for Production of Documentc) At the top of the stack (4th pg. from the top) of these pages is a pdffile of thearchives of the Memphis newspaper, the Memphis Germantown Appeal . Pleasesee Exhibit 1003, Product Request Delivery #1, attachment . This article statesCrye-Leike Realtors started the tradition of farming with flags in the Memphisarea in 1978d) 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'scommercial use of the term at issue.e) These documents define another five years of real estate professionalsfarming 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
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your request, are numerous trade publication archives from those same periods(National Association ofREALTORS and state-level associations ofREALTORS trade magazines, print & online archives) , defining the businesspractices of residential real estate sales professionals, especially as to 'farms '
and 'farming 'g) Next in the stack, are several learned treatise, that define scholarly conceptsas to a) intellectual commons & intellectual property rights, and publ icdomains, b) analysis of the residential real estate brokerage industry (from theJournal of Real Estate Research, and numerous other journals that come fromuniversities)h) And finally, you were provided with additional copies from circa early1980's real estate industry dictionaries that define farms and farming meaningsas to the relevant public.i) I have no electronic access to what are the bread-and-butter too ls your
industry uses for research and preparation. Our prior university library access isno longer available.
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A glance at the Exhibits provided to you will reveal document date stamps fromearly December 2009. All the newspaper archive information was obtainedusing a borrowed university library id that allowed us access to student versionsof lexis-nexis, dow-jones factiva, and other news-research services. The learnedtreatises also came from this electronic access. However, these are the studentversions. 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 thecut-and-paste capabilities of these operations that serve your industry.
Suits for trademark infringement demand a "comprehensive analysis of all therelevant facts and circumstances." See Vitarroz Corp. v. Borden, Inc., 644F.2d 960, 968-69 (2d Cir.1981). Razor-thin judgment calls are indigenous tothe 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 themountain of facts we have provided thus far, are not enough reasonable doubtas to the generic nature of the term 'farming flag'. Thus you are moving the
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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 notionof fair play .
Thank you
Steve ChanAmerican Flag Manufacturer
Barr, Tucker
To: Steve C
Steve:
Fri, Jun 11,2010 at 6:38AM
I will get back to you on the extension shortly , probably b y early ne xt week .
Thanks,
Tucker
J. Tucker Barr
Attorney at Law
phone 404.873.8624fax 404.873.8625
171 17th Street NWSuite 2100Atlanta, GA 30363
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PROOF OF SERVICE
Page 1 of2
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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
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THE FLAG COMPAN Y, I NC. a4 Geo rgia Corpo ration,
Plaint iff,5
))))))))))
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PROOF OF SERVICE
CIVIL ACTION FILE NO .6 vs.
1:09-CV - 18807 STEVEN A CHAN, LLC (d /b/a FIVE8 STAR FLAGS and /or VIAS), a
California Limited Liability C ompany,9 And STEVEN A. CHAN, a California
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resident Defendant1 1
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1 3PROOF OF SERVICE
I am employed in the County of Orange, State of California. I am over the1 4
age of eighteen; my busines s address 720 Center St, Costa Mesa , CA . On June 6,15
2010, I served the forgoing documents described a s:1 6
EX PARTE MOTION TO EXTEND TIME TO RESPOND TO THE MOTION17
FORS~YJUDGEMENT18
on the interested parties in the action by placing true and correct copie s thereof1 9
enclosed in a sealed envelope addressed as follow s:2 0
2 1
J. Tucker BarrArnold Golden Gregory LLP
171 1 th Street, N.W. , Suite 2100Atlanta, GA 30363 -1031Tel: (404) 873-8500Fax: (404) 873 -8501
Emai1: Tucker .barr@agg .com
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PROOF OF SERVICE
Page 2 of2
2I deposited such envelope in the post office in Orange County, CA. The
envelope was mailed with postage thereon fully prepaid .
I declare under penalty of Perjury under the laws of the State of Californiatha t foregoing is true and correct .
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6 Dated the 11 th of June, 2010
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9Steven A Chan
American Flag Manufa rer
720 Center Street
Costa Mesa, CA 92627
949-650-6698
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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 C ivil Local5 Rule 5.1C. The foregoing Motion was prepared on computer using New Times
6 Roman font (14 point).
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Dated the 11thof June, 20108
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Steven A ChanAmerican Flag Manufacturer
720 Center Street
Costa Mesa, CA 92627
949-650-6698
2via [email protected]
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