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Precedential No. 29: TTAB Strikes Testimony of Witness Not Identified in Pre-Trial Disclosure

Under TTAB Rule 2.121(e), a party must identify, no later that 15 days before the opening of its testimony period, each witness "from whom it intends to take testimony, or may take testimony if the need arises." Here, Petitioner failed to comply with that Rule, and so the Board struck the testimony of Petitioner's president. Jules Jurgensen/Rhapsody, Inc. v. Peter Baumberger, Cancellation No. 92048667 (July 6, 2009) [precedential].Respondent's counsel attended the deposition (by telephone) and cross-examined the witness under protest, reserving the right to object to the acceptance of his testimony. This comported with Rule 2.121(e)(3), which provides that if pretrial disclosures with regard to a witness are improper or inadequate:an adverse party may cross-examine that witness under protest while reserving the right to object to the receipt of the testimony in evidence...continue to full post

Full post as published by The TTABlog on July 23, 2009 (boomark / email).