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TTABlog Practice Pointer: Failure to Answer Admission Requests May Be Harmful to Your Application's Health

Applicant Fine Spirits was surely in poor spirits after its lame attempt to fend off a summary judgment motion in a Section 2(d) opposition brought by Gallo Winery. Gallo asserted that Fine's mark FALCON for distilled spirits was likely to cause confusion with Gallo's registered mark FALCON RIDGE for wine. Thanks in no small part to Fine's failure to respond to Gallo's admission requests, the Board agreed with Gallo. E. & J. Gallo Winery v. Fine Spirits Distribution, LLC, Opposition No. 91175854 (May 22, 2008) [not precedential].Fine Spirits first moved to suspend proceedings, claiming settlement negotiations. Gallo objected, insisting that there were no on-going negotiations. The Board denied Fine's motion, noting that any suspension "is subject to a request to resume at any time" and that Gallo would likely file such a request...continue to full post

Full post as published by The TTABlog on June 03, 2008 (boomark / email).