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Precedential No. 67 (2007): Finding Two-Days' Notice Insufficient, TTAB Strikes Opposer's Testimony and Dismisses Opposition

By John L. Welch

One just never knows when a precedential interlocutory ruling of the TTAB may explode in the firmament. The Board does not include interlocutory decision in its database of decision (only final decisions), and so once in a while one of these interlocutories suddenly and unexpectedly appears. Case in point: Goudreau v. American Promotional Events, Inc., 82 USPQ2d 1692 (TTAB 2007) [precedential].Applicant APE sought to register the mark TNT FIREWORKS, INC. for "distribution services for fireworks," but was opposed by Terry P. Goudreau et al., who claimed prior use of the same mark for fireworks. Two days before their testimony period closed on November 16, 2006, Opposers noticed the testimony deposition of Mr. Gaudreau for November 16th. When the deposition was taken, APE's attorney appeared (by telephone) under protest and conducted minimal cross-examination...continue to full post

Full post as published by The TTABlog on February 12, 2008 (boomark / email).