Friday, November 20, 2009

TTABlog Answers the Question: What is the Oldest Pending TTAB Case?

Well, at least I try to answer the question, with the help of Chris Shiplett at TTAB Across the Board. He reports that the oldest pending TTAB case is United Black Fund v. National Black United Fund, Inc., Cancellation No. 92013503. That case was commenced on September 9, 1982, and has been suspended since May 10, 1984.

The reason for the suspension is the pendency of a civil action in the United States District Court for the District of Maryland. According to a paper filed by the parties in 2002, the lawsuit was administratively closed by the court (at some earlier time) "to give the parties the opportunity to resolve their differences." So it sounds like the court won't be doing anything to move the lawsuit along.

The most recent TTAB paper filed by the parties (December 8, 2008) states:

The parties to this action remain in contact, conduct negotiations that lead to compromises satisfactory to both parties, and continue in their attempts to resolve what remaining differences they may have. To reopen the matter before the Trademark Trial and Appeal Board at this time will cause harm to both parties. Therefore, National Black United Fund respectfully requests that these proceedings before the Trademark Trial and Appeal Board remain suspended.

So the next time you have trouble getting an extension out of the TTAB, you might point to this case. After all, what's the rush?

Text Copyright John L. Welch 2009.


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