FRED Beverage TTAB Case Still Dormant Eight Months after CAFC Fee Ruling
Since the CAFC's May 12, 2010 decision in Fred Beverages, Inc. v. Fred's Capital Management Company, 94 USPQ2d 1958 (Fed. Cir. 2010), the TTAB has yet to rule on Petitioner's motion for leave to amend its petition for cancellation. [TTABlogged here].
On June 26, 2009, the Board denied Petitioner's motion to add four classes to its petition for cancellation because the motion "was not accompanied by any payment or authorization to charge respondent's [sic] deposit account for any of the additional classes sought to be cancelled." The CAFC reversed the Board's decision, holding that the denial of Petitioner's motion was arbitrary and capricious.
Last week, Petitioner Fred Beverages filed a written request that the Board decide the motion on the merits, in accordance with the CAFC's directive.
Any bets on when and how the Board will decide the motion for leave to amend?
Text Copyright John L. Welch 2011.