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Cancellation No. 92069506 (July 19, 2021) [not precedential].