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Finding No Claim or Issue Preclusion, TTAB Denies "MAJOR TAYLOR" Summary Judgment Motion

In a sweeping decision, the Board denied Respondent's motion for summary judgment based on the claim that claim preclusion (res judicata) or issue preclusion (collateral estoppel) required dismissal of the petition for cancellation. The Board then proceeded to point out the deficiencies in the petition, and dismissed one count predicated on Indiana state law. Dallas C. Brown Jr. v. Courtney L. Bishop, Cancellation No. 92050965 (July 12, 2010) [not precedential].In this battle over rights to the mark MAJOR TAYLOR (once a world champion cyclist), Respondent argued that the petition for cancellation was barred by res judicata in light of a previous Board decision (Karen B. Donovan. v. Courtney L. Bishop, Cancellation No. 92047757 (January 6, 2009) [not precedential]) dismissing that proceeding with prejudice on the ground of lack of standing...continue to full post

Full post as published by The TTABlog on July 28, 2010 (boomark / email).