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Intellectual Property Law

: The TTABlog

Lost and Found: 2007 TTAB Precedential Decision Rejects Belated Supplemental Discovery Responses

Like a squirrel finding a long misplaced nut, the USPQ in its latest weekly update has unearthed a precedential decision from September 2007 involving an unsuccessful attempt by a cancellation respondent to supplement its discovery responses after petitioner's testimony period had closed. The Board struck the tardy evidence and then granted the petition for cancellation of a registration for the mark KRAZY KORN for "toasted corn product for snack purposes" on the ground of abandonment. Quality Candy Shoppes/Buddy Squirrel of Wisconsin, Inc. v. Grande Foods (September 5, 2007) [precedential].Motion to Strike: Petitioner Buddy Squirrel moved to strike three of Respondent Grande's exhibits submitted with its notice of reliance. The Board had deferred consideration of the motion until final decision...continue to full post

Full post as published by The TTABlog on May 08, 2009 (boomark / email).

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