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On Remand from CAFC, TTAB Re-Jettisons Bishop v. Flournoy Oppositions

Opposer H. Michael Bishop recently returned to the TTAB for another Board paddling. In September 2008, the Board dismissed two oppositions brought by Bishop because he had failed to timely submit any evidence and thus failed to prove standing or to establish either of his pleaded grounds for relief. [TTABlogged here]. On appeal, the CAFC remanded the case to the Board to consider in the first instance whether certain ?admissions? made by Flourney in her Answer to the notice of opposition provided Bishop with standing and satisfied his burden of proof to establish his claims of likelihood of confusion and fraud. As to standing, they did, but as to the claims, they didn't. H. Michael Bishop v. Marina Flournoy, Opposition Nos. 91175625 and 91175737 (May 15, 2009) [no precedential]...continue to full post

Full post as published by The TTABlog on May 28, 2009 (boomark / email).