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CAFC Affirms TTAB's Dismissal of "BINT ALARAB" Cancellation on Res Judicata Ground

The U.S. Court of Appeals for the Federal Circuit has affirmed the decision of the TTAB (here) dismissing a petition for cancellation of a registration for the mark BINT ALARAB for rice. The Board had ruled that the petition was barred by res judicata and it denied petitioner's request for time to take discovery regarding a newly-posed claim of fraud. American Rice, Inc. v. Dunmore Properties S.A., Appeal No. 2009-1313 (Fed. Cir. November 16, 2009. (not precedential).Petitioner ARI first sought cancellation of the registration in 2003 (on dilution and Section 2(d) grounds), but after the answer was filed it withdrew the petition without Dunmore's consent. The Board dismissed the proceeding with prejudice.In 2007, ARI filed a virtually-identical petition for cancellation, and Dunmore moved for judgment on the ground of res judicata (claim preclusion)...continue to full post

Full post as published by The TTABlog on November 17, 2009 (boomark / email).