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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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`January 23, 2025
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`Opposition No. 91294278
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`Bodegas Caro S.A.
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`v.
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`I Love Daiquiris LLC
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`J. Krisp, Interlocutory Attorney:
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`Pursuant to Fed. R. Civ. P. 26(f) and Trademark Rules 2.120(a)(1) and (2), the
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`parties held a timely discovery and settlement conference on January 22, 2025.
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`TBMP § 401.01. At Opposer’s request, a member of the Board participated in the
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`conference under Trademark Rule 2.120(2)(i). 5 TTABVUE. Participating were
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`Opposer’s counsel Cathleen E. Stadecker, Applicant’s representative Steven Brown,
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`pro se, and the assigned interlocutory attorney.
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`The Board noted several general procedural rules and guidelines that govern inter
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`partes proceedings, including the Board’s liberal granting of motions to suspend for
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`settlement efforts, the requirement that a party serve its initial disclosures pursuant
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`to Fed. R. Civ. P. 26(a)(1)(A)(i) and (ii) prior to serving discovery requests (see
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`Trademark Rule 2.120(a)(3)), and the importance of reducing all stipulations to
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`writing. Also, any amendment(s) to an application or registration involved in or
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`Opposition No. 91294278
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`pleaded in a Board proceeding must comply with all applicable rules and statutory
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`provisions, e.g. Trademark Rules 2.133, 2.71-2.75. TBMP § 514.01. The Board also
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`advised that Chapter 600 of the TBMP provides specific guidance with respect to
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`settlement and withdrawal of Board proceedings.
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`As the Board noted, the Standard Protective Order is automatically imposed in
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`this proceeding pursuant to Trademark Rule 2.116(g), unless the parties, by
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`stipulation approved by the Board, agree to an alternative order, or a motion by a
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`party to use an alternative order is granted by the Board. 1 TTABVUE 4. Thus, if the
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`parties wish to modify the standard order in any manner, they must file a motion for
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`the Board’s approval of the modification(s).
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`As this time the parties will proceed unde r the standard order without
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`modification. Although they are not required to do so, the parties may elect to
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`exchange executed copies of the standard order. The Board advised that Applicant,
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`as a pro se party, would need to hire legal counsel in the event Opposer designates
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`any information and documents as, for example, highly confidential or “Attorney’s
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`Eyes Only,” and that this is set forth in the standard order.
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`Turning to the pleadings, the Board noted that Opposer sufficiently alleged in the
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`complaint its entitlement to a statutory cause of action, and the ground of likelihood
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`of confusion under Trademark Act Section 2(d). Opposer alleges ownership of
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`Registration No. 3994332, and submitted the TSDR information for this registration
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`under Trademark Rule 2.122(d)(1). 1 TTABVUE 6. TBMP § 309.03(a)(2).
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`2
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`Opposition No. 91294278
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`In the answer, Applicant admitted certain matters regarding Opposer’s use of
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`Opposer’s pleaded mark, and ownership of the pleaded registration; Applicant denied
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`the allegations of likelihood of confusion. The matters Applicant set forth as
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`“affirmative defenses” do not plead, and will not be given consideration as, affirmative
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`defenses. The matters asserted are merely amplifications of Applicant’s denials in the
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`answer. TBMP § 311.02(d). Applicant may present arguments and evidence in
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`support of these matters at trial or on summary judgment.
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`The Board encouraged the parties to serve thorough and detailed initial
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`disclosures, and to actually exchange copies of disclosed documents rather than
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`merely identifying their location, in order to potentially advance discovery.
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`Trademark Rule 2.120(a)(2)(ii); TBMP § 401.02. The parties’ representatives
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`discussed the manner in which discovery will be conducted, including the email
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`exchange of requests, responses and documents. The parties were advised to consult
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`TBMP § 414 if they seek guidance in drafting discovery requests and/or responses
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`thereto.
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`Inasmuch as Opposer is located outside of the U.S., the parties were advised to
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`notify the Board promptly if a deposition upon written questions under Trademark
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`Rule 2.124(a) is to be taken. The Board would likely suspend proceedings to allow for
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`the orderly completion of the deposition. TBMP § 404.07.
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`In all Board submissions, including final briefs, parties should cite to the
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`proceeding record in the manner described in TBMP §§ 106.03, 110.02(b) and 801.01,
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`namely, by the TTABVUE docket entry number, “TTABVUE,” then the TTABVUE
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`3
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`Opposition No. 91294278
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`page number (as in this order). Also, all documents filed in Board proceedings should
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`be "machine readable." TBMP § 110.02(b). Attachments to filings must also meet the
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`requirements set forth in TBMP § 110.02(b).
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`The Board briefly explained the availability and features of the “accelerated case
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`resolution” (“ACR”) process. Because the issues for resolution are essentially
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`narrowed to likelihood of confusion, the Board noted that this proceeding is a worthy
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`candidate for expedited determination on the merits through ACR, and encouraged
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`the parties to give this option consideration during discovery inasmuch as it may
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`afford the parties a means of obtaining a decision on the merits in an expedited and
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`cost-effective manner. For further information, the Board refers the parties to TBMP
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`§§ 528.05(a)(2) (“Summary Judgment Model of Accelerated Case Resolution”), 702.04
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`and 705, as well as the link on the Board’s web page providing a vast amount of ACR
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`information, and examples of ACR proceedings.
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`If at any time the parties agree to follow ACR, and reduce to writing a schedule
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`for discovery, and/or trial and briefing, as well as any stipulations of fact, as
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`appropriate, they may contact the interlocutory attorney (571-272-9183) to add this
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`proceeding to the ACR docket.
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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, the
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`4
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`Opposition No. 91294278
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`manner and timing of taking testimony, matters in evidence, 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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`It is the responsibility of each party to ensure that the Board has its current
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`correspondence address, including an email address. TBMP § 117.07. The Board must
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`be promptly notified of any address or email address changes for the parties or their
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`attorneys.
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`Schedule
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` Initial disclosure, discovery and trial dates remain as set in the November 27, 2024
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`order:
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`Discovery Opens
`Initial Disclosures Due
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`Expert Disclosures Due
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`Discovery Closes
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`1/27/2025
`2/26/2025
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`6/26/2025
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`7/26/2025
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`Plaintiff's Pretrial Disclosures Due
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`9/9/2025
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`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures Due
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`10/24/2025
`11/8/2025
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`Defendant's 30-day Trial Period Ends
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`12/23/2025
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`Plaintiff's Rebuttal Disclosures Due
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`1/7/2026
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`Plaintiff's 15-day Rebuttal Period Ends 2/6/2026
`Plaintiff's Opening Brief Due
`4/7/2026
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`Defendant's Brief Due
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`Plaintiff's Reply Brief Due
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`5/7/2026
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`5/22/2026
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`Request for Oral Hearing (optional) Due 6/1/2026
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`5
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`Opposition No. 91294278
`Opposition No. 91294278
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`6
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