TTAB Denies Stoller Motion to Block Trustee's Stipulated Dismissal of STEALTH Opposition
The TTABlog reported on October 16th (link) that the Chapter 7 Trustee for the bankruptcy estate of Leo Stoller was agreeable to dismissal without prejudice of pending proceedings involving the mark STEALTH.
Accordingly, an Agreed Motion to Dismiss was filed in Central Mfg. Co. v. Pocekovic, Opposition No. 91164582, signed on behalf of Opposer by Richard E. Fogel as the Trustee of the Stoller estate. The Board promptly dismissed the proceeding without prejudice (here).
Stoller then sought reconsideration of the dismissal, claiming that he had filed a notice of appeal from the bankruptcy court's order converting his Chapter 13 bankruptcy to Chapter 7, and therefore that the Trustee lacked authority to enter into an agreement of dismissal. However, as pointed out by Applicant Pocekovic (and his counsel, the estimable Lance Johnson), Stoller had in fact failed to timely or properly appeal from any of the bankruptcy court's orders.
The Board, in a November 29, 2006 ruling (link), agreed with Applicant Pocekovic, finding that "Mr. Stoller is without authority to file papers in this proceeding, that the authority to act in the matter remains vested with the trustee and the proceeding remains dismissed and terminated."
TTABlog comment: Let's all hum a few bars of that instant classic, "Stealth."
Text Copyright John L. Welch 2006.