Annco, Inc. v. Lindsay Hall, 91235423, No. 6 (T.T.A.B. Aug. 22, 2017)

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Annco, Inc. v. Lindsay Hall, 91235423, No. 6 (T.T.A.B. Aug. 22, 2017)

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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`TTAB Assistance Center: 571-272-8500
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`Mailed: August 22, 2017
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`Opposition No. 91235423
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`Annco, Inc.
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`v.
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`Karl Kochersperger, Paralegal Specialist:
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`Lindsay Hall
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`The Board notes the consented motion filed by Applicant on August 14, 2017, to
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`suspend all dates, including the discovery conference deadline, for the parties to pur-
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`sue settlement.
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`While the Board is liberal in granting extensions of time to accommodate settle-
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`ment, after an answer has been filed, the Board is unlikely to find good cause for a
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`motion, even upon consent or stipulation, to extend the deadline for the parties to
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`conduct the required discovery conference when the basis for the motion is the exist-
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`ence of settlement discussions. See TBMP § 509.01(a); Boston Red Sox Baseball Club
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`LP v. Chaveriat, 87 USPQ2d 1767, 1767 n.1 (TTAB 2008) (“It is unlikely the Board
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`will find good cause for a motion to extend or suspend for settlement if the motion is
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`filed after answer but prior to the discovery conference, precisely because the discov-
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`ery conference itself provides an opportunity to discuss settlement.”).
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`Opposition No. 91235423
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`Inasmuch as the motion to suspend was filed after the answer, but prior to the
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`parties’ discovery conference deadline, the Board does not find good cause to suspend.
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`Accordingly, said motion is denied. The parties are expected to proceed to conduct the
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`required discovery conference without delay.
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`Disclosure, discovery and trial dates remain as previously set in the Board’s order
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`of July 5, 2017.
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`Generally, the Federal Rules of Evidence apply to Board trials. Trial testimony is
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`taken and introduced out of the presence of the Board during the assigned testimony
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`periods. The parties may stipulate to a wide variety of matters, and many require-
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`ments relevant to the trial phase of Board proceedings are set forth in Trademark
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`Rules 2.121 through 2.125. These include pretrial disclosures, matters in evidence,
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`the manner and timing of taking testimony, and the procedures for submitting and
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`serving testimony and other evidence, including affidavits, declarations, deposition
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`transcripts and stipulated evidence. Trial briefs shall be submitted in accordance
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`with Trademark Rules 2.128(a) and (b). Oral argument at final hearing will be sched-
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`uled only upon the timely submission of a separate notice as allowed by Trademark
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`Rule 2.129(a).
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`2
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