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Precedential No. 55: TTAB Denies Cross-Motions for Summary Judgment Because Briefs Exceeded Page Limit

Under Rule 2.127(a), a brief on a motion may not exceed 25 pages in length, including table of contents, index of cases, description of record, statement of the issues, recitation of the facts, argument, and summary. The parties to this cancellation proceeding violated that rule in their respective summary judgment motions, and so the Board tossed out the motions. Cooper Technologies Company v. Denier Electric Co., Inc., Cancellation No. 92048042 (December 17, 2008) [precedential].Respondent Denier Electric's summary judgment motion was met with Petitioner Cooper's combined opposition and cross-motion for summary judgment [the issue being mere descriptiveness of the mark ROUGH-IN READY for electrical switches and receptacles]. Unfortunately, Denier's brief was 30 pages long! Petitioner Cooper's brief was 27 pages! Although neither party objected, the Board turned out the lights, noting that "the page limitation for briefs on motions is intended to prevent the filing of unduly long briefs and consequent unnecessary burdens on the Board...continue to full post

Full post as published by The TTABlog on December 30, 2008 (boomark / email).