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ARTICLE · 29 MAY 2019

Precedential No. 11: TTAB Hammers Cancellation Respondent Over Inadequate Discovery Responses

Wolf Greenfield & Sacks
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In olden days, one could think of a TTAB inter partes proceeding as a lower cost, less complicated alternative to filing a trademark infringement action, but not any more.

United StatesIntellectual Property

In olden days, one could think of a TTAB inter partes proceeding as a lower cost, less complicated alternative to filing a trademark infringement action, but not any more. In this precedential order, the Board raked Respondent Arroware over the coals for failing to properly and fully respond to Petitioner HP's discovery demands. In line with the Board's open door policy on discovery, the Board tossed out many of respondent's objections to HP's interrogatories and document requests and required respondent to provide a (typically useless) attorney-client privilege log. Hewlett Packard Enterprise Development LP v. Arroware Industries, Inc., Cancellation No. 92067494 (May 2, 2019) [precedential].

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