News & Analysis as of

Discovery Trademark Trial and Appeal Board

McDermott Will & Emery

District Court Subpoena Power Plays “Supporting Role” to PTO Rules

McDermott Will & Emery on

Addressing the subpoena power of district courts to compel evidence for use in US Patent & Trademark Office (PTO) proceedings, the US Court of Appeals for the Fourth Circuit upheld a district court’s decision (albeit on...more

Fox Rothschild LLP

Fair Warning to Parties Choosing to Flout TTAB Discovery Orders: Comply or Suffer the Consequences

Fox Rothschild LLP on

On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board...more

Haug Partners LLP

Haug Partners Defeats Discovery Motions Before the TTAB Because Movant’s Counsel Failed to Meet and Confer in Good Faith

Haug Partners LLP on

On December 9, 2021, Haug Partners defeated two discovery motions brought by Environmental Manufacturing Solutions, LLC (“EMS”) against Fluid Energy Group Ltd. (“Fluid”), in an opposition proceeding before the U.S. Trademark...more

Fish & Richardson

The Basics of TTAB Oppositions

Fish & Richardson on

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. What can you do? One option is to institute an opposition with the...more

Fox Rothschild LLP

Which Time Zone Controls The Timeliness Of Discovery Requests At The TTAB?

Fox Rothschild LLP on

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of...more

Dorsey & Whitney LLP

Beyoncé Trademark Case Provides Evidentiary Lessons Before the TTAB

Dorsey & Whitney LLP on

Veronica Morales, a wedding/event planner providing services under the trademark BLUE IVY, has unsuccessfully challenged a pending application for the mark BLUE IVY CARTER, filed by BGK Trademark Holdings, LLC (Beyoncé...more

Fox Rothschild LLP

Federal Circuit: TTAB’s Decision To Enter Judgment As A Discovery Sanction Was Appropriate

Fox Rothschild LLP on

On August 5, 2020, the United States Court of Appeals for the Federal Circuit affirmed the TTAB’s decision to cancel a trademark registration for the mark HOLLYWOOD BEER as a discovery sanction for the registrant’s repeated,...more

Dorsey & Whitney LLP

Quirky Questions: Do All TTAB Deadlines Extend Through Weekends/Holidays? Practitioners Beware!

Dorsey & Whitney LLP on

Many practitioners take for granted the fact that any TTAB deadlines that fall on a Saturday, Sunday or Federal holiday are automatically extended to the following business day. As it turns out, this isn’t always the case....more

Proskauer - New England IP Blog

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

BakerHostetler

New TTAB Rules of Practice

BakerHostetler on

On Jan. 14, 2017, the Trademark Trial and Appeal Board (TTAB) Rules of Practice were amended in what the United States Patent and Trademark Office described as an effort “to benefit the public by providing for more efficiency...more

McCarter & English, LLP

A Quick Look at the New Trademark Trial and Appeal Board Rules

McCarter & English, LLP on

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

Coblentz Patch Duffy & Bass

USPTO's New Trademark Trial and Appeal Board Rules Take Effect Soon

Next month, the procedural rules governing trademark registration disputes are changing. They present new strategic considerations for brand owners protecting their trademark rights. The Trademark Trial and Appeal Board...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

New Year, New Rules: What to Know About the January 2017 TTAB Rule Updates

After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more

Morgan Lewis

An Attempt at Efficiency: A Look at the TTAB’s Upcoming Rule Changes

Morgan Lewis on

The rule changes are aimed at streamlining proceedings before the TTAB. The Trademark Trial and Appeal Board (TTAB or the Board) will implement several important rule changes as of January 14, 2017. The changes will...more

Fish & Richardson

USPTO Publishes Amendments to Trademark Rules of Practice

Fish & Richardson on

On October 7, 2016, the U.S. Patent and Trademark Office (“USPTO”) published a Federal Register Notice of Final Rulemaking amending the Trademark Rules of Practice that govern practice before the Trademark Trial and Appeal...more

Ladas & Parry LLP

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

Ladas & Parry LLP on

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain...more

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