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ARTICLE · 04 JANUARY 2019

Precedential No. 35: TTAB Enters Judgment As A Sanction For Discovery Abuses And Egregious Conduct

Wolf Greenfield & Sacks
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After four years of misconduct by Respondent Corcamor, LLC, the Board granted Petitioner SFM's motion for judgment under Trademark Rule 2.120(h)(1) ...

United StatesIntellectual Property

After four years of misconduct by Respondent Corcamor, LLC, the Board granted Petitioner SFM's motion for judgment under Trademark Rule 2.120(h)(1) and pursuant to the Board's inherent authority to sanction, due to Corcamor's numerous discovery violations and repeated flouting of Board orders, rules, and procedures. SFM, LLC v. Corcamore, LLC, Cancellation No. 92060308 (December 21, 2018) [precedential].

SFM, LLC petitioned for cancellation of Corcamor's registration for the mark SPROUT for "vending machine services," alleging priority and likelihood of confusion with its marks SPROUTS and SPROUTS FARMERS MARKET for "retail grocery store services."

In 2015, after determining that Corcamor had filed an "inordinate number of motions (all of which have been denied) at a very early stage in this proceeding," the Board prohibited Respondent from filing any additional unconsented motions without first obtaining Board permission. Nonetheless, Corcamor continued to

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