TTAB Resumes Proceedings in Oldest Pending Case
On March 31, 2010, the TTAB issued an Order resuming proceedings in its oldest pending case: United Black Fund v. National Black United Fund, Inc., Cancellation No. 92013503. The proceeding had been suspended for nearly 25 years in view of a civil action in the Maryland federal court, which civil action has itself been administratively closed since 1984. [See TTABlog postings here, here, and here].
The Board noted the parties' representations that they have recently been attempting to settle the case, and that counsel for the parties have been in direct and "ongoing" contact.
Given the apparent inactivity in the District Court case which occasioned the lengthy suspension of this proceeding, and the parties’ indication that they will take steps to formally terminate said case in the event that it remains open, further suspension of this cancellation proceeding pending the District Court case appears to be unnecessary and ineffective. Accordingly, proceedings are hereby resumed, and discovery and trial dates are reset ....
The Board set the date for the close of discovery as September 10, 2010. I wonder what Rules apply to a proceeding commenced in 1982?
Text Copyright John L. Welch 2010.