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ARTICLE · 26 JULY 2021

TTAB Denies Motion For Relief From Default Judgment Issued In December 2018

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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In this cancellation proceeding targeting two registrations for the mark BLEU ICE for clothing, the Board entered judgment by default on December 19, 2018...

United StatesIntellectual Property

In this cancellation proceeding targeting two registrations for the mark BLEU ICE for clothing, the Board entered judgment by default on December 19, 2018, after Respondent Davoudzadeh failed to file an answer or respond to the notice of default. Two applications owned by Petitioner that had been blocked by the registrations then proceeded to registration on June 14, 2019. On February 4, 2020, Davoudzadeh filed a motion for relief from the default judgment, but it was denied as untimely because it was not filed within one year of the entry of judgment, as required by FRCP 60(c)(1). On March 14, 2020, Davoudazdeh moved for reconsideration, asserting that his motion was based on FRCP 60(b)(6), which has no time limit. The Board has now denied that motion for reconsideration.  Blue Ice Mountain Works SA v. Massoud Davoudzadeh, Cancellation No. 92069506 (July 19, 2021) [not precedential].

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