LEGO Juris A/S v. Algobrix Ltd., 91244705, No. 7 (T.T.A.B. Feb. 1, 2019)

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LEGO Juris A/S v. Algobrix Ltd., 91244705, No. 7 (T.T.A.B. Feb. 1, 2019)

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`
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`MCF/ey
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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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`February 1, 2019
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`Opposition No. 91244705
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`LEGO Juris A/S
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`v.
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`By the Trademark Trial and Appeal Board:
`
`
`Algobrix Ltd.
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`On January 2, 2019, the Board issued a notice of default in view of Applicant’s
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`failure to file an answer to the notice of opposition by December 23, 2018. On January
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`15, 2019, Applicant filed a response to the notice of default and its answer to the
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`notice of opposition. Also on January 15, 2019, Opposer filed a stipulated motion to
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`amend Applicant’s application Serial No. 79227776 with Opposer’s consent, and
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`dismiss the opposition with prejudice.
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`Default for Failure to Timely File an Answer
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`Pursuant to Fed. R. Civ. P. 55(c), default may be set aside “for good cause shown.”
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`As a general rule, good cause to set aside an applicant’s default will be found where
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`the applicant’s delay has not been willful or in bad faith, where prejudice to the
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`opposer is lacking, and where the applicant has a meritorious defense. Moreover, the
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`Board is reluctant to enter default judgment for failure to file a timely answer
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`
`

`Opposition No. 91244705
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`inasmuch as the law favors deciding cases on their merits. The Board tends to resolve
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`any doubt on the matter of default in favor of the defendant.
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`Inasmuch as the record indicates that Applicant’s failure to timely answer the
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`notice of opposition was not willful or in bad faith, Opposer will not suffer prejudice
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`given that this proceeding is in its early stages, and Applicant seeks to set forth a
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`meritorious defense to the allegations, Applicant’s default for failure to file an answer
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`by December 23, 2018, is hereby set aside. Applicant’s late-filed answer is accepted
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`and is its operative pleading.
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`Motion to Amend Application
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`By the proposed amendment, Applicant seeks to enter a disclaimer of the term
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`“BRIX” and “the design of a studded toy construction brick.” In accordance with
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`TMEP § 1213.08(a)(i), the standardized disclaimer text is as follows:
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`No claim is made to the exclusive right to use “BRIX” and the design of a
`studded toy construction brick apart from the mark as shown.
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`The Board finds that the amendment to enter the disclaimer is in compliance with
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`Trademark Act § 6, 15 U.S.C. § 1056. Moreover, Opposer consents to the amendment,
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`as required by Trademark Rule 2.133. In view of these findings, the amendment is
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`approved and entered.
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`The contingency in Opposer’s withdrawal having been met, the opposition is
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`dismissed with prejudice.
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`
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`2
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`

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