Has the Oldest Pending TTAB Case Reached the End of the Line?
Is the end near for the oldest pending TTAB case, United Black Fund v. National Black United Fund, Inc., Cancellation No. 92013503, filed on September 9, 1982? [last TTABlogged here]. After nearly 25 years of suspension, the case was revived last year. In March 2010, the Board issued a new testimony schedule, assigning Petitioner a testmony period closing on December 29, 2010. Last week, Respondent filed a motion to dismiss under Rule 2.132(a) because Petitioner took no testimony and submitted no evidence.
Well, if this is the end of the line for this cancellation proceeding, one must ask: what case will take its place as the oldest pending TTAB proceeding?
Text Copyright John L. Welch 2009-10.
posted by John L. Welch @ 1/12/2011
3 comments
3 Comments:
Arent' Section 2.132(a) motions great? Imagine where we'd be without one. I recently managed to get a 3-year pending opposition (consolidated against 2 related applications) dismissed because opposer dropped the ball on that.
The 1983/84 Opposition No. 71,706, which challenged The Ritz Hotel's registration of PUTTING ON THE RITZ was a long one. The Fed. Cir. appeal decision was in Dec. 2004. 393 F.3d 1238
Decades of suspension notices filed every six months. I very much enjoyed examining the boxes of discovery documents that were produced in 86 before suspended. They sat in a law office basement for fifteen years. For some reason I remember we had to brief the opposition using the stale evidence. The discovery period must have closed before the case was suspended. The record was fixed.
I believe the next oldest case is Camaiceria Pancaldi & B.S.R.L v. Le Cravatte Di Pancaldi S.R.L. This was filed in 1989.
http://ttabvue.uspto.gov/ttabvue/v?pno=92018021&pty=CAN&eno=58
The last entry was in 2003. The case was conslidated and suspended pending the outcome of litigation in Italy.
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