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`Katie W. McKnight,
`Interlocutory Attorney:
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`General Contact Number: 571-272-8500
`General Email: TTABInfo@uspto.gov
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`May 1, 2019
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`Opposition No. 91243104
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`Salt Life, LLC
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`v.
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`Salt Life Solutions, Inc.
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`On March 21, 2019, Opposer filed a motion to compel discovery. Applicant did not
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`file a brief in response thereto within the time provided under Trademark Rule
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`2.127(a).
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`Opposer seeks an order directing Applicant to serve complete responses to
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`Opposer’s first set of interrogatories and first set of requests for production. The
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`motion to compel discovery is hereby granted as conceded. See Trademark Rule
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`2.127(a); TBMP § 502.04.
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`A party that fails to respond to interrogatories or document requests during the
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`time allowed therefor, and that is unable to show that its failure was the result of
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`excusable neglect, may be found, upon motion to compel filed by the propounding
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`party, to have forfeited its right to object to the discovery request on its merits. See
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`No Fear Inc. v. Rule, 54 USPQ2d 1551 (TTAB 2000); TBMP § 403.03.
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`Opposition No. 91243104
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`Accordingly, Applicant is directed to serve, within thirty days of the date of this
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`order, responses to Opposer’s first set of interrogatories and first set of requests for
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`production. Applicant must respond in full and without objection on the merits
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`thereof inasmuch as Applicant failed either to timely respond or to object to said
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`discovery requests. Id.
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`In the event that Applicant fails to serve full responses as ordered herein,
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`Opposer’s remedy may lie in a motion for sanctions, as appropriate. See Trademark
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`Rule 2.120(h)(1); TBMP § 411.05.
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`Proceedings are resumed. Discovery, disclosure, and trial dates are reset as
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`indicated below:
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`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures Due
`Plaintiff's 15-day Rebuttal Period Ends
`BRIEFS ARE DUE AS FOLLOWS:
`Plaintiff's Main Brief Due
`Defendant's Main Brief Due
`Plaintiff's Reply Brief Due
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`May 8, 2019
`June 7, 2019
`July 22, 2019
`September 5, 2019
`September 20, 2019
`November 4, 2019
`November 19, 2019
`December 19, 2019
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`February 17, 2020
`March 18, 2020
`April 2, 2020
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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
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`requirements relevant to the trial phase of Board proceedings are set forth in
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`Trademark Rules 2.121 through 2.125. These include pretrial disclosures, matters in
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`Opposition No. 91243104
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`evidence, the manner and timing of taking testimony, and the procedures for
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`submitting and serving testimony and other evidence, including affidavits,
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`declarations, deposition transcripts and stipulated evidence. Trial briefs shall be
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`submitted in accordance with Trademark Rules 2.128(a) and (b). Oral argument at
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`final hearing will be scheduled only upon the timely submission of a separate notice
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`as allowed by Trademark Rule 2.129(a).
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