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Pro se appellant outmaneuvers TTAB

By Lawrence B. Ebert, Esq.

Super Bakery, Inc. (Super Bakery) filed a Petition for Cancellation of U.S.
Registration No. 2,966,255, owned by Mr. Benedict, on July 25, 2007. Mr.
Benedict did not comply with discovery requests but did file a summary
judgment motion. The TTAB rendered a default judgment based on
discovery noncompliance against Mr. Benedict, who appealed to the CAFC.

The key part of the CAFC decision:

Hence, if [pro se appellant] Mr. Benedict is correct that his filing of the summary
judgment motion does suspend his discovery obligations, ?proceedings [including his
discovery obligations] will be resumed? if the case is not disposed of as a result of the
motion.

The Board did not discuss the applicability of 37 C.F.R. § 2.127(d) to the facts of
this case in its decision. Rather than rule on the applicability of § 2.127(d) in the first
instance, we vacate and remand to the Board.

Accordingly, we vacate the Board?s decision and remand this case to the Board.

Full post as published by IPBiz on March 03, 2010 (boomark / email).