ESTTA Tracking number: ESTTA1437453
`Filing date: 05/22/2025
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
`Notice is hereby given that the following party has filed a petition to cancel the registration indicated below.
`Petitioner information
`Name EvenUp, Inc.
`Entity Corporation Incorporated or
`registered in
`Delaware
`Address 44 MONTGOMERY ST STE 22-110
`SAN FRANCISCO, CA 94105
`UNITED STATES
`Correspondence
`information
`RAJESH FOTEDAR
`ATTORNEY OF RECORD FOR PETITIONER
`COGNITION IP P.C.
`50 CALIFORNIA ST, SUITE 1500
`SAN FRANCISCO, CA 94111
`UNITED STATES
`Primary email: rfotedar@cognitionip.com
`Secondary email(s): tm-notifications@cognitionip.com
`No phone number provided
`Registration subject to cancellation
`Registration no. 7317966 Registration date 02/27/2024
`Register Supplemental
`Registrant Filevine, Inc.
`1260 STRINGHAM AVE SUITE 600
`SALT LAKE CITY, UT 84106
`UNITED STATES
`Goods/services subject to cancellation
`Class 042. First Use: Jan 16, 2024 First Use In Commerce: Jan 16, 2024
`All goods and services in the class are subject to cancellation, namely: Software as a service (SAAS)
`services featuring software for preparing legal documents; Software as a service (SAAS) services
`featuring software for matching users with legal professionals
`Grounds for cancellation
`Priority and likelihood of confusion Trademark Act Sections 23(a) and 2(d)
`Other Petitioner claims common law rights in the DE-
`MANDS mark.
`Mark cited by petitioner as basis for cancellation
`U.S. application 98691880 Application date 08/09/2024
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`no.
`Register Principal
`Registration date NONE Foreign priority
`date
`NONE
`Word mark DEMANDS
`Design mark
`Description of
`mark
`NONE
`Goods/services Class 042. First use: First Use: Feb 21, 2022 First Use In Commerce: Feb 21,
`2022
`Providing online, non-downloadable software for estimation of the value of per-
`sonal injury claims with reference to cases, verdicts and damages computations;
`providing online, non-downloadable software with functionality for receiving data
`input for determining case value, automating legal research, assessing and gen-
`erating estimates of damages and economic losses; providing online, non-
`downloadable software for searching and providing information related to per-
`sonal injury case value; providing online, non-downloadable software with func-
`tionality for the generation of demand packages for personal injury claims;
`Providing online, non-downloadable artificial intelligence software related to all
`the foregoing
`Class 045. First use: First Use: Feb 21, 2022 First Use In Commerce: Feb 21,
`2022
`Legal services, namely, providing consulting and assessment of personal injury
`case value and damages estimates; Legal services, namely, providing consult-
`ing and assessment of personal injury case value and damages estimates cal-
`culated via artificial intelligence techniques
`Attachments 98691880#TMSN.png( bytes )
`for filing Petition_to_Cancel_DemandsAI.pdf(164588 bytes )
`Signature /rf/
`Name Rajesh Fotedar
`Date 05/22/2025
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`Attorney Docket No. 5044-096830
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE
`TRADEMARK TRIAL AND APPEAL BOARD
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`In re Reg. No. 7317966
`Mark: DEMANDSAI
`Reg. Date: Feb. 27, 2024
`Supplemental Register
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`EvenUp, Inc.
` Petitioner,
`vs. Cancellation No.
`Filevine, Inc.
` Respondent
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`FILED ELECTRONICALLY VIA ESTAA
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` PETITION FOR CANCELLATION
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`According to 15 U.S.C. § 1092, “whenever any person believes that such person is or will be damaged
`by the registration of a mark on the supplemental register…on grounds other than dilution by blurring or
`dilution by tarnishment, such person may at any time, upon payment of the prescribed fee and the filing of
`a petition stating the ground therefor, apply to the Director to cancel such registration.”
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`Attorney Docket No. 5044-096830
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`Petitioner hereby alleges on knowledge as to its own acts and otherwise on information and belief and
`as grounds for cancellation as follows:
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`1. Petitioner is the owner of U.S. Application Serial No. 98691880 for the DEMANDS m ark
`(“Petitioner’s Mark”) filed on August 09, 2024 under §1(a) of the Lanham Act, 15 U.S.C. §
`1051(1)(a), originally as follows:
`Class 042: Providing online, non-downloadable software for estimation
`of the value of personal injury claims with reference to cases, verdic ts
`and damages computations; providing online, non-downloadable
`software with functionality for receiving data input for determining case
`value, automating legal research, assessing and generating estimates
`of damages and economic losses; providing online, non-downloadable
`software for searching and providing information related to personal
`injury case value; providing online, non-downloadable software with
`functionality for the generation of demand packages for personal injury
`claims; Providing online, non-downloadable artificial intelligence
`software related to all the foregoing;
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`Class 045: Legal services, namely, providing consulting and assessment
`of personal injury case value and damages estimates; Legal services,
`namely, providing consulting and assessment of personal injury case
`value and damages estimates calculated via artificial intelligence
`techniques
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`Attorney Docket No. 5044-096830
`2. In accordance with §1(a)(2), February 21, 2022 is listed in the Application for Petitioner’s
`Mark for both the date of first use and the date of first use in commerce of Petitioner’s Mark.
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`3. Petitioner, EvenUp Inc., is a legal technology company specializing in artificial intelligence
`(A.I.) software. Petitioner’s software offerings leverage a proprietary A.I. model that allows
`for automating the drafting of high-quality legal documents, such as demand letters and
`medical summaries, and provides data-driven insights to maximize case
`outcomes. Petitioner’s software solutions are trusted by over 1,500 law firms. The
`company’s innovative approach has attracted significant investment and a valuation
`exceeding $1 billion as of October 2024.
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`4. Petitioner markets a software solution under its DEMANDS mark th at provides A.I.-
`powered solution designed to streamline the creation of personal injury demand lett ers. To
`do so, Petitioner has trained its A.I. model on a vast dataset of over 250,000 verdict s and
`settlements, as well as millions of medical records, to generate com prehensive and
`persuasive demand packages.
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`5. Petitioner’s Mark (DEMANDS) is recognized and relied upon by relevant consumers a s
`identifying Petitioner’s services, and as distinguishing them from the goods and/or services
`of others and has come to represent and symbolize extremely goodwill belonging
`exclusively to Petitioner.
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`6. Petitioner has continuously and exclusively used Petitioner’s Mark in connection w ith the
`Goods and Services listed in the Application for Petitioner’s Mark. Petiti oner has not
`abandoned Petitioner’s Mark at any time since its first use in commerce.
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`Attorney Docket No. 5044-096830
`7. On February 25, 2025, an Office Action was issued in the Application for Petitioner’s Mark in
`which registration of Petitioner’s Mark was refused, under 15 U.S.C. §1052(d), because of a
`likelihood of confusion with Supplemental Registration No. 7317966.
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`8. On May 22, 2025, Petitioner submitted amendments to the Goods and Services in U.S .
`Application Serial No. 98691880 for Class 042 as follows:
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`Providing online, non-downloadable software for estimation of the value of
`personal injury claims with reference to cases, verdicts and damages
`computations; providing online, non-downloadable software with
`functionality for receiving data input for determining case value for
`personal injury claims, automating legal research, assessing and generating
`estimates of damages and economic losses for personal injury claims;
`providing online, non- · downloadable software for searching and providing
`information related to personal injury case value; Providing online, non-
`downloadable software using artificial intelligence for estimation of the
`value of personal injury claims with reference to cases, verdicts and
`damages computations; Providing online, non-downloadable software
`using artificial intelligence with functionality for receiving data input for
`determining case value for personal injury claims, automating legal
`research, assessing and generating estimates of damages and economic
`losses for personal injury claims; Providing online, non-downloadable
`software using artificial intelligence for searching and providing
`information related to personal injury case value
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`Attorney Docket No. 5044-096830
`9. Upon information and belief, Respondent is a corporation organized and existing under the
`laws of the State of Delaware, having a place of business at # 1260 Stringham Ave Suite 600
` Salt Lake City, Utah, U.S. 84106. Respondent is also a legal technology company and offers
`a comprehensive cloud-based platform designed to streamline legal workflows for law firms.
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`10. Petitioner believes that it will be damaged by the continued registration of - and hereby petitions
`to cancel - Supplemental Registration No 7317966.
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`11. Upon information and belief, Respondent is the owner of Supplemental Registration No.
`7317966 for the mark “DEMANDSAI” (“Respondent’s Mark”), which is registered on the
`Supplemental Register in Class 042:
`Software as a service (SAAS) services featuring software for preparing
`legal documents; Software as a service (SAAS) services featuring software
`for matching users with legal professionals
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`12. Upon information and belief, Supplemental Registration No. 7317966 is based on U.S.
`Application Serial No. 97918260 for Respondent’s Mark filed on May 03, 2023 under §1(a)
`of the Lanham Act, 15 U.S.C. § 1051(1)(b).
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`13. Upon information and belief, January 16, 2024 is both the date of first use and the date of first
`use in commerce of Respondent’s Mark, nearly two years after Petitioner’s dates of use. Hence,
`Petitioner has trademark common law rights senior to those of Respondents and Petitioner has
`priority.
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`Attorney Docket No. 5044-096830
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`Priority of Rights and Likelihood of Confusion
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`14. Petitioner incorporates and alleges paragraph nos. 1-12.
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`15. The Lanham Act “protects qualifying unregistered trademarks.” Two Pesos, Inc. v. Taco Cabana,
`Inc., 505 U.S . 763, 768 (1992). A trademark may not be registered if it resembles an unregist ered
`mark that is in use in commerce, not abandoned, that would likely cause consume r confusion when
`used in connection to the goods of the applicant.
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`16. Respondent’s Mark DEMANDSAI so resembles Petitioner’s Mark DEMANDS as to likely
`cause confusion, mistake, and/or deception as to the source or origin of Petitioner’s services,
`which will result in irreparable damage to the goodwill embodied by Petitioner’s Mark.
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`17. Respondent’s Mark mark is highly similar in sight and sound to Petitioner’s Mark.
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`18. Respondent’s Mark is similar in meaning to Petitioner’s Mark.
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`19. Upon information and belief, the goods and services for which Respondent has registered
`Respondent’s Mark are identical or very closely related to the services listed in the Application
`for Petitioner’s Mark, as well as being within Petitioner’s natural scope of protection.
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`20. Upon information and belief, both parties’ goods and/or services move through the same or
`similar channels of trade.
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`21. Petitioner will be damaged by the continued registration of Respondent’s Mark becaus e: (1)
`Respondent’s Mark is currently cited as a conflicting mark in a refusal under §2(d) in an Office
`Action issued on February 25, 2025 and (2) there is a likelihood of confusion between
`Respondent’s Mark and Petitioner’s Mark, in which Petitioner has priority, when the Marks
`are used in connection with their respective Goods and/or Services. Therefore, Supplemental
`Registration No. 7317966 for Respondent’s Mark is a source of damage and injury to
`Petitioner.
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`WHEREFORE, Petitioner respectfully requests that its petition to cance l Supplemental
`Registration No. 7317966 be sustained and that the Trademark Trial and Appeal Board grant any and
`all further relief to Petitioner that the Board finds necessary and just in the circumstances.
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`Dated: San Francisco, CA.
`May 22, 2025
`Respectfully submitted,
` /Rajesh Fotedar/
` Attorney of Record for Petitioner
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`CERTIFICATE OF SERVICE
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`Attorney Docket No. 5044-096830
`I hereby certify that a true and complete copy of the foregoing PETITION FOR
`CANCELLATION was served upon Respondent’s attorney by forwarding said copy on May
`22, 2025 via email to:
`btucker@kmclaw.com; klyon@kmclaw.com; ipdocket@kmclaw.com .
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` /Rajesh Fotedar/
`Attorney of Record for Petitioner
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