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Precedential No. 9: TTAB Issues Non-Ultimate Sanctions for Failure To Comply With Board Order Compelling Document Production

By John L. Welch

In another precedential discovery ruling (the third of 2008), the Board issued sanctions against M.C.I. Foods, Inc. for failure to produce documents as required by the Board's discovery orders, but stopped short of issuing judgment against the offender. M.C.I. Foods, Inc. v. Bunte, Cancellations Nos. 92045959 and 92046056 (February 19, 2008) [precedential].Brady Bunte, the respondent in one cancellation proceeding and petitioner in the other, filed a motion to compel in each case when M.C.I. failed to respond at all to Bunte's interrogatories and document requests. M.C.I. did not contest the motions, and in May 2007 the TTAB ordered M.C.I. to respond, without objection, to the discovery demands within thirty days.After Bunte's motions were filed, but before the Board's orders were issued, M...continue to full post

Full post as published by The TTABlog on February 29, 2008 (boomark / email).