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Precedential No. 48: TTAB Enters Summary Judgement, Ruling That Res Judicata Bars Cancellation after Defaulted Opposition

The Board denied Petitioner Orouba Agrifoods a second bite of the (frozen?) apple by entering summary judgment on Petitioner's various claims for cancellation of the design mark shown below for frozen fruit and vegetables. Orouba had previously opposed the application that matured into the challenged registration, but the opposition was dismissed with prejudice when Orouba failed to take testimony or submit evidence. Orouba Agrifoods Processing Company v. United Food Import, Cancellation No. 92050739 (December 28, 2010) [precedential].The defunct opposition was based on allegations that Respondent United Food did not own the applied-for mark (i.e., it was merely the importer) and that United Food committed fraud by claiming ownership. In its petition for cancellation, Orouba added claims of likelihood of confusion under Section 2(d), false suggestion of a connection under Section 2(a), and "misrepresentation of source" under Section 14(3) of the Trademark Act...continue to full post

Full post as published by The TTABlog on January 10, 2011 (boomark / email).