Precedential No.27: TTAB Grants FRCP 56(d) Motion For Discovery To Avoid Summary Judgment Ambush

Petitioner Anand K. Chakayala, rather than respond to Praise Broadcastings's discovery requests, filed a motion for summary judgment in this proceeding for cancellation of a registration for the mark PRAISELIVE & Design for broadcasting services. Praise moved for discovery under FRCP 56(d) on the relevant Section 2(d) issues. The Board granted the motion, noting that one purpose of Rule 56(d) is to protect a party from being ambushed by a summary judgment motion before that party had an opportunity to obtain relevant discovery. Anand K. Chavakula v. Praise Broadcasting AKA Praise FM, Cancellation No. 92071482 (July 28, 2020) [precedential] (Jennifer Krisp, Interlocutory Attorney).