Opposition to motion for summary judgment by Opposer in a TTAB Inter Partes Proceeding. Summary judgment was sought on the grounds of that our client, the Applicant, was claiming rights pursuant to an invalid “retroactive assignment” of the trademark. We argued that it was rather both a valid, timely formal assignment and that there existed a de facto unity of control for all purposes. Moreover, we argued, the Opposer's assertion that the registration application was void ab initio was, itself, lacking in validity.
The Board agreed that the questions of fact based on the record were too substantial and material to the issues in question, and agreed with us that summary judgment was not warranted.
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