Precedential No. 32: TTAB Strikes Untimely Supplemental Expert Report

In this 23-year old proceeding involving the mark COHIBA for cigars, the Board rejected a supplemental expert report submitted by respondent on the same day as its pretrial disclosures. The Board first found that the Supplemental Report did not make the original expert report complete or accurate, but instead was an improper attempt to bolster the expert's original opinions with new examples and illustrations. Then, applying the Great Seats factors, the Board found that the untimely disclosure of the Supplemental Report was not substantially justified or harmless. Empresa Cubana Del Tabaco d.b.a Cubatabaco v. General Cigar Co., Inc., Cancellation No. 92025859 (August 26, 2020) [precedential].