Howard Kline & Trademark Name-Use — Goldberg's Supervision Chain

Date: 2026-03-24

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Key Finding

Howard Kline, promoted from "Trademark Department Manager" to "Partner" under Goldberg's supervision (2020-2021), managed NGM's entire trademark portfolio while systematically copying Litman on 91% of his 2,678 emails. Outside counsel and clients contacted Litman's email directly for trademark matters — treating him as the responsible attorney — while Kline did the work. This extends the name-use pattern beyond patents into a separate practice area, all under Goldberg's direction.

Evidence Summary

Metric	Value
Kline emails total	2,678
With Litman CC'd	2,439 (91%)
Trademark-specific emails	1,813
Date range	2019-12-03 through 2025-10-13
Nicola Pizza emails	259 (246 with Litman CC'd)
Nicola Pizza dockets	9 (6217.14 through 6217.50)

Nicola Pizza — Representative Trademark Exhibit

Client: Nicola Pizza, Inc. (Caggiano family, Rehoboth Beach DE) Outside counsel: Ciro Poppiti, Lewis Brisbois Trademark registrations: US TM Reg. 1,775,381; 5,249,973; 1,792,810; 1,798,021; 3,037,403 and others

Key Email Chain (Dec 2023 - Mar 2024)

1. Dec 13, 2023: Poppiti emails Litman at rlitman@nathlaw.com wanting to review all Nicola trademarks
2. Dec 13, 2023: Litman responds: "I am glad to assist. I am copying Howard Kline to work out the scheduling." Separately forwards to Goldberg: "FYI"
3. Mar 1, 2024: After Kline's Zoom with Poppiti, Litman asks Kline: "Could he file an ITU application today while he gets use in place?"

Pattern: Client → contacts Litman → Kline handles → Litman stays in loop → Goldberg informed

Martha Long Solicitation Emails

June 15, 2023 and July 10, 2023: Martha sent prospective client emails stating:

"I have worked with Richard Litman for the past 27 years and would be delighted to assist you."

This is direct commercial solicitation using Litman's name/reputation to attract new business to the firm.

"The Pad" — Goldberg's Internal Tracking System

January 24, 2024: Karen Van Giezen email conveying Goldberg's directive:

"Josh has requested the following procedure: When you complete work on any matter where Richard Litman is the originating attorney, update the spreadsheet named 'The Pad'..."

Goldberg built an internal tracking system specifically organized around Litman-originated matters — proving the name-use was systematic, not incidental.

Supervision Chain

All name-use traces back to Goldberg's direction:

• Patents: Goldberg signed 16 POAs → Lafave executed 18 PTOL-85Bs → Martha communicated to clients
• Trademarks: Goldberg promoted Kline to Partner → Kline managed trademark portfolio → clients contacted Litman's email
• Internal systems: Goldberg directed "The Pad" tracking of all Litman-originated matters
• Client solicitation: Martha used Litman's name to attract new business

Evidentiary Value

Even though trademark fees are lower than patent prosecution fees, this evidence: 1. Shows name-use extended beyond patents into a different practice area 2. Brings in another NGM attorney (Kline) acting under Goldberg's supervision 3. Demonstrates organizational name-use, not individual 4. Each trademark POA/filing using Litman's name = additional § 51 publications 5. Martha's solicitation emails = direct commercial exploitation of reputation