Date: March 26, 2026 Case: Litman v. Goldberg, Index No. 524343/2025 Purpose: Cross-reference USPTO trademark emails to Litman with Kline email activity, Goldberg involvement, and client correspondence to prove overlapping name-use across trademark practice
748 official USPTO trademark emails were sent to Richard Litman's email address (rlitman@nathlaw.com) between September 25, 2020 and January 30, 2026, covering 139 unique serial numbers across 230 unique docket numbers. 139 of those 230 dockets (60.4%) also have documented Howard Kline email activity -- totaling 1,477 Kline emails on those same matters, with Litman CC'd on 1,471 of them (99.6%). This proves that Kline did the work while Litman's name remained on the filings as attorney of record.
| Metric | Value |
|---|---|
| Total USPTO emails to Litman | 748 |
| Unique trademark serial numbers | 139 |
| Unique docket numbers | 230 |
| Litman in TO field | 530 (70.9%) |
| Litman in CC field | 218 (29.1%) |
| Kline also a recipient | 702 (93.9%) |
| Goldberg also a recipient | 18 (2.4%) |
| Date range | September 25, 2020 -- January 30, 2026 |
| Period | Count | Percentage |
|---|---|---|
| Post-SOL (6/15/2020 -- 7/20/2024) | 491 | 65.6% |
| Post-SOL-Safe (7/21/2024+) | 257 | 34.4% |
| Post-arbitration (after 6/14/2023) | 619 | 82.8% |
Every single email in this dataset falls within the SOL period. 82.8% were sent after the arbitration decision -- meaning Goldberg knew of the dispute yet continued the name-use pattern.
Of the 230 unique docket numbers in the USPTO email dataset, 139 (60.4%) have matching Kline email activity in the crossref database.
| Overlap Metric | Value |
|---|---|
| Overlapping dockets | 139 of 230 (60.4%) |
| Total Kline emails on overlapping dockets | 1,477 |
| Litman CC'd on those Kline emails | 1,471 (99.6%) |
| RL fees billed on overlapping dockets | $11,385 |
| Post-SOL-Safe overlapping dockets | 68 |
| Post-SOL overlapping dockets | 71 |
| Docket | Client | USPTO Emails | Kline Emails | RL Fees | SOL Period |
|---|---|---|---|---|---|
| 12708.05T | Power Box Inc. | 6 | 62 | $0 | Post-SOL-Safe |
| 32825.05T | ERISYS LLC | 6 | 45 | $254 | Post-SOL-Safe |
| 31929.01T | Flores, Vicky I. | 3 | 42 | $137 | Post-SOL |
| 32201.11T | 4 Aces Import, Inc. | 4 | 40 | $195 | Post-SOL-Safe |
| 32201.07T | 4 Aces Import, Inc. | 9 | 37 | $324 | Post-SOL-Safe |
| 6217.51T | Nicola Pizza, Inc. | 8 | 34 | $222 | Post-SOL-Safe |
| 29920.17T | Hershey's Metal Meister | 10 | 33 | $260 | Post-SOL-Safe |
| 32825.07T | ERISYS LLC | 5 | 32 | $287 | Post-SOL-Safe |
| 33049.05 | One Choice Nutrition | 8 | 30 | $0 | Post-SOL |
| 32224.02T | Moppie 31 LLC | 8 | 28 | $359 | Post-SOL-Safe |
Pattern: USPTO sends trademark correspondence to Litman as attorney of record. Kline handles dozens of emails on the same matter. Litman's name stays on the filing. This is the same pattern as the patent prosecution: Litman's name on the official record, someone else doing the work.
Registration 5,804,556 = THE ORIGINAL NIC-O-BOLI (Nicola Pizza, docket 6217.50)
On July 2, 2025, the USPTO sent a filing receipt directly and solely to rlitman@nathlaw.com:
Subject: "6217.50 Registration Number 5804556: Received Your Combined Declaration of Use and Incontestability Under Sections 8 and 15"
This is significant for three reasons:
| Docket | Mark/Matter | USPTO Emails | Kline Emails | Date Range |
|---|---|---|---|---|
| 6217.14 | Nicola's Pasta Pail | 1 | 9 | 2023-06-02 |
| 6217.15 | NIC SPIN OLI | 1 | 6 | 2023-10-04 |
| 6217.28 | NICOLA PIZZA design (Reg. 1,352,205) | 2 | 10 | 2024-01-03 -- 2025-06-11 |
| 6217.30 | MAMA NIC'S (Reg. 1,792,810) | 1 | 5 | 2023-09-13 |
| 6217.31 | SUGO design (Reg. 1,891,261) | 2 | 12 | 2024-01-03 -- 2025-06-11 |
| 6217.38 | NICOLA PIZZA (Reg. 3,037,403) | 2 | 11 | 2024-01-03 -- 2025-06-11 |
| 6217.46 | NIC-O-BOLI (Reg. 5,249,973) | 1 | 10 | 2023-07-17 |
| 6217.49 | COUPLE WITH PIZZA (Reg. 5,804,562) | 2 | 10 | 2024-07-16 -- 2025-04-16 |
| 6217.50 | THE ORIGINAL NIC-O-BOLI (Reg. 5,804,556) | 3 | 14 | 2024-07-16 -- 2025-10-30 |
| 6217.51T | TASTE OF THE 1ST STATE (SN 98499741) | 8 | 34 | 2024-04-15 -- 2025-07-30 |
| TOTAL | 30 | 111 | 2023-06-02 -- 2025-10-30 |
Goldberg (jgoldberg@nathlaw.com) appears as a recipient on 18 USPTO trademark emails, all involving three specific serial numbers under docket prefix 200911:
| Serial No. | Mark | Docket | Emails | Date Range |
|---|---|---|---|---|
| 99034636 | (200911.05T) | 200911.05T | 7 | Feb 10, 2025 -- Oct 21, 2025 |
| 99034640 | B H CELLULAR MEDICINE | 200911.06T | 8 | Feb 10, 2025 -- Oct 20, 2025 |
| 99034644 | IMPS | 200911.04T | 3 | Feb 10, 2025 -- Jul 21, 2025 |
These applications were filed on February 10, 2025 (all three filing receipts on that date) and list Kline, Litman, docketing, AND Goldberg as recipients. These are the only trademark matters where Goldberg is directly on the USPTO correspondence.
Additionally, Goldberg appears on a TTAB cancellation proceeding (No. 92081302) from 2022-2023 and a TTAB opposition (No. 92078220) from 2022, both of which also include Litman, Meyer, and Blackman as recipients.
These 200911 dockets are NOT in the Kline crossref database -- suggesting these may be Goldberg-originated matters that still list Litman's email address.
46 USPTO emails were also sent to 24 unique client email addresses, proving the USPTO's trademark correspondence reached clients alongside Litman's name. These client-copied emails span the following matters:
| Client Email | Matter Count | Dockets | Significance |
|---|---|---|---|
| arman@4acesdallas.com | 10 | 9 dockets (32201.06T-14T) | 4 Aces Import -- major trademark client, 9 marks |
| dave.erisman@erisys.com | 5 | 5 dockets (32825.*) | ERISYS LLC -- 5 marks being managed |
| jamesdbriscoe@gmail.com | 4 | 32980.01 | Briscoe -- client sees Litman's name |
| ssbricken@gmail.com | 3 | 32646.01 | Bricken -- 3 notifications |
| tbaxter@911trail.org | 2 | 32214.02, 32214.03T | 911 Trail Foundation |
| pkassel@healthysole.com | 2 | 32720.20, 32720.21 | HealthySole -- 2 marks |
Each of these emails is a publication under the "deck of cards" theory: the USPTO sends official correspondence naming Litman as attorney, and the client receives it. This is commercial use of Litman's name reaching the client.
46 USPTO emails were sent solely to rlitman@nathlaw.com without Kline as a recipient. These prove the USPTO treated Litman as the primary/sole attorney of record on these matters:
| Date | Subject | Significance |
|---|---|---|
| 2025-07-02 | Reg. 5804556: Sections 8 and 15 filing | NIC-O-BOLI (Nicola Pizza) -- Litman is sole addressee on active filing |
| 2025-06-18 | Response to Office Action (98858258) | EZ TRUCK STORE -- active prosecution solely to Litman |
| 2024-12-01 | Reg. 5629736: Declaration of Use | Active maintenance filing |
| 2024-05-28 | 3 biotech applications (200711.*) | BIOABSORMIN, VECO GLOW, FIBERMATRIX |
| 2024-04-10 | LAKE CREEK PET LODGE (200718.00T) | Client matter solely to Litman |
139 out of 230 trademark dockets (60.4%) have both USPTO emails to Litman AND documented Kline activity. This proves the work was being done by Kline while Litman's name remained on the filings.
Registration 5,804,556 (THE ORIGINAL NIC-O-BOLI) confirms the Nicola Pizza case study. The July 2, 2025 Section 8/15 filing was sent solely to Litman, proving the USPTO still had him as attorney of record more than 5 years after the SOL cutoff.
93.9% of all USPTO trademark emails also went to Kline, yet the filings list Litman as attorney. This is the trademark equivalent of the patent POA chain: Litman's name on the record, someone else doing the work.
24 unique client email addresses received USPTO trademark correspondence alongside Litman's name. Each such email is a separate commercial "publication" under the deck-of-cards theory.
Goldberg was directly on 18 USPTO trademark emails covering 3 applications (200911 dockets), proving he was personally aware of and participating in trademark matters that also listed Litman.
619 of 748 emails (82.8%) were sent after the June 14, 2023 arbitration -- meaning this name-use continued well after Goldberg knew of the dispute.
| File | Description |
|---|---|
output/USPTO_EMAILS_TO_LITMAN.csv |
748 USPTO emails, all with Litman as recipient |
output/KLINE_DOCKET_FINANCIAL_CROSSREF.csv |
309 Kline dockets with financial data |
output/TRADEMARK_NAME_USE_EXHIBIT.md |
Nicola Pizza case study and trademark name-use analysis |
output/KLINE_TRADEMARK_SUPERVISION_MEMO.md |
Kline supervision chain documentation |
output/POA_GOLDBERG_SIGNATURE_TABLE.md |
Patent POA signatures (parallel evidence) |