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Precedential No. 2: TTAB Issues Sanctions For Discovery Abuses

By John L. Welch

Whenever the TTAB issues a precedential decision, I try to discern what point the Board is trying to make. In this, the second precedential decision of 2008, the message I get is this: don't mess with Interlocutory Attorney Andrew Baxley. Opposer HighBeam Marketing learned that lesson the hard way when it failed to comply with a Board order compelling additional discovery responses. Opposer also made the mistake of refusing to allow its expert witness to testify pursuant to a court subpoena unless Opposer put up her fees in advance. HighBeam Marketing, LLC v. Highbeam Research, LLC, Opposition No. 91162372 (January 23, 2008) [precedential].After the Order was issued, Opposer diddled and daddled until Applicant filed a motion for sanctions. With its opposition to the motion, Opposer produced an additional 1000 pages of documents, but that was too late to qualify as compliance with the Board's order...continue to full post

Full post as published by The TTABlog on February 06, 2008 (boomark / email).