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`Baxley
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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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`October 3, 2024
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`Cancellation No. 92081622
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`YG Entertainment Inc.
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`v.
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`SM Beauty, LLC
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`Andrew P. Baxley, Interlocutory Attorney:
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`This case now comes up for consideration of Petitioner’s motion (filed August 26,
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`2024) to extend dates herein.1 32 TTABVUE. The motion has been fully briefed.
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`The following chronology is relevant to Petitioner’s motion.
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`1 In this order, citations to the record are to TTABVUE, the Board’s online docketing system.
`See Turdin v. Trilobite, Ltd., Conc. Use No. 94002505, 2014 WL 343270, at *2 n.6 (TTAB
`2014); see also TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE (TBMP) §
`106.03 (2024). Specifically, the number preceding TTABVUE corresponds to the docket entry
`number, and any number(s) following TTABVUE refer to the page number(s) of the docket
`entry where the cited materials appear. The Board expects the parties to use th is method of
`citing to the record throughout this proceeding.
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` As part of an internal Board pilot citation program on broadening acceptable forms of legal
`citation in Board cases, the citation form in this order is in a form provided in TBMP § 101.03.
`This order cites decisions of the U.S. Court of Appeals for the Federal Circuit and the U.S.
`Court of Customs and Patent Appeals only by the page(s) on which they appear in the Federal
`Reporter (e.g., F.2d, F.3d, or F.4th). For decisions of the Board, this order employs citation to
`the Westlaw (WL) database. Practitioners should also adhere to the practice set forth in
`TBMP § 101.03.
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` The Board has considered the parties’ submissions and presumes the parties’ familiarity
`with the factual bases for the motion. The Board does not recount the facts or arguments
`here, except as necessary to explain its order. See Guess? IP Holder L.P. v. Knowluxe LLC,
`Can. No. 92060707, 2015 WL 9702438, at *1-2 (TTAB 2015).
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`Cancellation No. 92081622
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`May 9, 2024: The Board, among other things, reset dates with discovery
`closing on July 12, 2024, Petitioner’s pretrial disclosures due by August
`26, 2024 and Petitioner’s thirty-day testimony period closing on October
`10, 2024.2 25 TTABVUE.
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`July 3, 2024: The Board approved the parties’ stipulation (filed June
`14, 2014, 29 TTABVUE) to take discovery depositions after the close of
`the discovery period and allowed the parties until September 20, 2024
`to complete discovery depositions. The Board otherwise left the
`discovery and testimony periods as last reset. Thus, under the schedule
`adopted by the July 3, 2024 order, the parties could take discovery
`depositions during the first ten days of Petitioner’s testimony period. 30
`TTABVUE.
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`Under Trademark Rule 2.120(a)(3), “[d]iscovery depositions must be properly
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`noticed and taken during the discovery period.” In addition, parties may stipulate
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`that discovery depositions may be taken outside of the discovery period. See Nat’l
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`Football League v. DNH Mgmt., LLC, Opp. No. 91176569, 2008 WL 258323, at *3
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`(TTAB 2008).
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`Nonetheless, the trial phase of this proceeding begins with the deadline for
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`Petitioner’s pretrial disclosures. See Kid-Systeme GmbH v. Türk Hava Yollari Teknik
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`Anonim Sirketi, Opp. No. 91229946, 2018 WL 447234, at *1 n.3. Because parties
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`should be focused on trial or settlement once that deadline arrives, all discovery must
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`be completed prior to that deadline. See id.; Trademark Rule 2.120(f)(1) (a motion to
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`compel must be filed prior to the deadline for the plaintiff’s pretrial discl osures);
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`MISCELLANEOUS CHANGES TO TRADEMARK TRIAL AND APPEAL BOARD RULES OF
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`PRACTICE, 81 Fed. Reg. 19296, 19298 (Apr. 4, 2016) (rule change to require that
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`motions to compel be filed prior to the first deadline for pretrial disclosures will
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`2 Petitioner’s testimony period therefore began twenty-nine days prior to such closing date,
`i.e., on September 11, 2024.
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`2
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`Cancellation No. 92081622
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`“ensure that pretrial disclosures would be made and trial preparation would be
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`engaged in only after all discovery issues have been resolved .”). The foregoing
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`warrants modification of the schedule adopted by the July 3, 2024 order so that this
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`proceeding can move forward to trial in an orderly manner with the deadline for
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`Petitioner’s pretrial disclosures reset for a date after the deadline for completion of
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`all discovery depositions.
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`The Board -- in exercising its inherent authority to control the scheduling of cases
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`on its docket -- therefore deems the filing of the motion to extend on August 26, 2024
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`to have tolled the running of dates herein.3 See TBMP § 510.01. The motion to extend
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`is moot.
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`Rather, the parties are allowed until thirty days from the date of this order to
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`complete discovery depositions as set forth in June 14, 2024 stipulation. The
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`discovery period otherwise remains closed. Remaining dates are reset as follows.
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`Plaintiff's Pretrial Disclosures Due
`Plaintiff's 30-day Trial Period Ends
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`11/18/2024
`1/2/2025
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`Defendant's Pretrial Disclosures Due
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`1/17/2025
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`Defendant's 30-day Trial Period Ends
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`3/3/2025
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`Plaintiff's Rebuttal Disclosures Due
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`Plaintiff's 15-day Rebuttal Period Ends
`Plaintiff's Opening Brief Due
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`Defendant's Brief Due
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`Plaintiff's Reply Brief Due
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`3/18/2025
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`4/17/2025
`6/16/2025
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`7/16/2025
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`7/31/2025
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`Request for Oral Hearing (optional) Due 8/10/2025
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`3 Because the deadline for Petitioner’s pretrial disclosures arrived on August 26, 2024, the
`Board will not consider any motions to compel or for summary judgment in this case. See
`Trademark Rules 2.120(f)(1) and 2.127(e)(1); Kid-Systeme GmbH 2018 WL 447234, at *2;
`Asustek Comp. Inc. v. Chengdu Westhouse Interactive Ent. Co., Ltd., Opp. No. 91225271, 2018
`WL 5708988, at *2 (TTAB 2018).
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`3
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`Cancellation No. 92081622
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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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`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). Such briefs should
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`utilize citations to the TTABVUE record created during trial, to facilitate the Board’s
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`review of the evidence at final hearing. See TBMP § 801.03. Oral argument at final
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`hearing will be scheduled only upon the timely submission of a separate notice as
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`allowed by Trademark Rule 2.129(a).
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`TIPS FOR FILING EVIDENCE, TESTIMONY, OR LARGE DOCUMENTS
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`The Board requires each submission to meet the following criteria before it will be
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`considered: 1) pages must be legible and easily read on a computer screen; 2) page
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`orientation should be determined by its ease of viewing relevant text or evidence, for
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`example, there should be no sideways or upside-down pages; 3) pages must appear in
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`their proper order; 4) depositions and exhibits must be clearly labeled and numbered
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`– use separator pages between exhibits and clearly label each exhibit using sequential
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`letters or numbers; and 5) the entire submission should be text -searchable.
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`4
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`Cancellation No. 92081622
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`Additionally, submissions must be compliant with Trademark Rules 2.119 and 2.126.
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`Submissions failing to meet all of the criteria above may require re-filing.
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`Note: Parties are strongly encouraged to check the entire document before filing. 4
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`The Board may decline to extend or reset proceeding schedule dates or other
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`deadlines to allow time to re-file documents. For more tips and helpful filing
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`information, please visit the ESTTA help webpage.
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`4 To facilitate accuracy, ESTTA provides thumbnails to view each page before submitting.
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`5
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