Precedential No. 48: TTAB Resolves Procedural Spat Over Discovery Conference

In this annoying but precedential decision, the Board resolved a brouhaha between the parties over their failure to hold the required Rule 2.120 discovery conference. Opposer moved for sanctions and Applicant then moved to dismiss. Guthy-Renker Corp. v. Michael Boyd, 88 USPQ2d 1701 (TTAB 2008) [precedential].


The parties wrangled over whether Mr. Kroll or Mr. Schindler was the proper attorney contact for Applicant, which one Opposer's counsel should have contacted, and when. The Board ordered that (1) Applicant appoint one counsel of record, (2) the parties clarify whether they will accept service of papers by electronic transmission, and (3) the parties hold the required discovery conference on or before December 14, 2008.

Text Copyright John L. Welch 2008.