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Precedential No. 37: TTAB Says Filing of Summary Judgment Motion Does Not Automatically Suspend Proceeding

On remand from the CAFC, the Board ruled that Rule 2.127(d) does not provide for an automatic stay of a proceeding when a party files a motion for summary judgment. "Rather, only an order of the Board formally suspending proceedings has such effect." As a consequence, the Board again granted Super Bakery's petition for cancellation as a sanction against Respondent Benedict for failing to comply with a Board discovery order. Super Bakery, Incorporated v. Ward E. Benedict, Cancellation No. 92047859 (September 16, 2010) [precedential].Benedict, appearing pro se, was twice ordered by the Board to respond to Bakery's discovery requests. One day before his responses were due (the second time, and twenty months after the discovery requests were served), Benedict filed a motion for summary judgment...continue to full post

Full post as published by The TTABlog on September 24, 2010 (boomark / email).